These terms and conditions of use (the “
Terms of Use ”) govern access to and use of the site www.pinarello.com (the “ Site
”). The owner and manager of this Site is Cicli Pinarello Srl, with
registered office in 31020 – Villorba (TV), Viale della Repubblica n. 12,
fiscal code, VAT number and Treviso – Belluno Company Register number
05994100963 (hereinafter “ Pinarello ”).
Access to the Site and its use, as well
as the purchase of the Products, presuppose the reading, knowledge and
acceptance of these Terms of Use, as well as the General Terms of Sale .
Pinarello reserves the right to change,
modify or simply update these Terms of Use, in whole or in part, at its sole
discretion and at any time. The user is required to periodically consult the
Terms of Use in order to verify any changes. Changes and updates to the Terms
of Use will be binding as soon as they are published on the Site in this same
section.
If any provision of these Terms of Use
is determined to be unlawful, void or for any reason unenforceable, that
provision shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best represents the intent of these Terms
of Use , so that they remain fully valid and effective. These Terms of Use
constitute the entire agreement between the user and Pinarello regarding the
use of the Site and supersede any other written or oral agreements previously
entered into between the user and Pinarello regarding such use.
It is understood that the terms shown
here with a capital letter have the same meaning better specified in the
General Conditions of Sale.
All content, in any format, present on
the Site, including text, graphics, visual interface, photography, trademarks,
logos, sounds, music, illustrations and computer codes (the " Contents ”),
are protected by laws on corporate image, copyright , patents and trademarks,
as well as by applicable laws on intellectual property rights and unfair
competition.
Except in the cases expressly provided
for by these Terms of Use and/or unless there is the prior written consent of Pinarello
and, where appropriate, of the authors of the individual works contained on the
Site, the reproduction, representation, the distribution or redistribution, in
whole or in part, of parts of the Site and its Contents by any type of process,
as well as the sale, resale, retransmission and supply to third parties in any
way. With regard to the use of the Site, the user is only authorized to:
(i)
view the Site and its Contents;
(ii)
carry out all those other temporary acts
of reproduction, with no economic significance of their own, which are
considered transient or accessory, an integral and essential part of the same
visualization of the Site and its Contents;
(iii)
all other navigation operations on the
Site that are performed only for a legitimate use of the same and its Contents.
You may
not use any similar or equivalent techniques, devices, programs, algorithms,
automatic methods, manual processes, to access, acquire, copy or monitor any
portion of the Site or its Contents.
The user
must refrain from attempting to gain unauthorized access to any part or
functionality of the Site, as well as to other systems or networks connected to
the Site, as well as to the services offered on or through the Site, by means
of hacking, interception passwords or any other illegal means. The user must
also refrain from probing, examining or testing the vulnerability of the Site
or any network connected to it, as well as violating its security or
authentication measures. You may not use the Site or the services and
information made available or offered by or through the Site to disclose
information about third parties, such as, but not limited to, the personal data
of other users.
In any
case, the user refrains from using the Site or its Contents for illegal
activities or activities prohibited by current legislation, as well as from
encouraging the execution of any illegal activity or activity that violates the
rights of Pinarello or third parties.
The Site contains links to other
independent third-party websites, which have no connection with the Site itself
(" Linked Sites "), for the mere purpose of facilitating their
users in searching and browsing. The Linked Sites are beyond Pinarello 's
control ; Pinarello is therefore not responsible for their content, nor
recommends them in any way. The user will have to independently evaluate if and
how to interact with the Linked Sites.
These Terms of Use and the PrivacyPolicy do not apply to Linked Sites.
Pinarello
does not warrant that the Site or its Contents, services or features will be
error-free or available on an ongoing, uninterrupted basis, or that any defects
will be corrected or that your use of the Site will yield specific results. The
Site and its Contents are provided "as is" and subject to
availability. Pinarello does not warrant that documents or other data
downloaded from the Site will be free from viruses, contamination or
destructive characteristics.
To the
fullest extent permitted by the applicable law, the user hereby agrees to
exempt Pinarello from any liability whatsoever, for any possible damage that is
due, or in any case consequential, to the use of the Site, its services, its
Contents or related to it, any Linked Sites or their use, or connected to any
malfunction, error, omission, interruption, defect, delayed operation or
delayed transmission, computer virus or line or system malfunction.
Pinarello
declines all responsibility for the acts, omissions and behavior of third
parties in connection with or relating to the use of the Site by the user. The
user assumes all responsibility for the use of the Site and the Linked Sites.
Pinarello
reserves the right to take the following actions at any time and without
notice: (i) modify, suspend or discontinue functionality or access to the Site
or parts of it, for any reason; (ii) modify or change the Site, in whole or in
part, and any policy or condition relating to it and (iii) suspend the
functionality of the Site or parts of it to allow ordinary or extraordinary
maintenance operations to be carried out, correct errors or make other changes.
We remind the user to read the PrivacyPolicy carefully , in order to understand how the Site collects and
uses personal data and for what purposes. Pinarello also reminds you that the
Privacy Policy also applies in the case of simple access to the Site and use of
the related services, without it being necessary to purchase any Product.
The Terms of Use, as well as any dispute
concerning their existence, interpretation, validity and effectiveness, are
governed by the rules of Italian law and must be interpreted on the basis of it
(with the exclusion of the rules on private international law); the application
of the mandatory rules of the user's place of residence remains unaffected.
All disputes concerning the Terms of
Use, their existence, interpretation, validity and effectiveness, will be
devolved exclusively to the Court of Treviso. All disputes concerning Consumers
will be subject to the substantive law and jurisdiction mandatory for Consumers
according to the applicable law.
For assistance and/or information
regarding orders and shipments, refunds and the return of Products purchased on
the Site, as well as other general information on the services provided by the
Site, the user can always contact Pinarello by e-mail at infobike
@pinarello.com
For anything not provided for in these
Terms of Use, please refer to the General Terms and Conditions of Sale ,
where applicable.
