1. Introduction

Simonazzi Remo s.r.l., with registered office in Via E. Ferrari, 8/10 – 42017 Novellara (RE), VAT number 02246760355 (Contractor), is the owner of the website www.simonazziremo.it (the Site).

2. Object

2.1 The purpose of this document is to define the terms and conditions for access to the Site, registration to the same and use of the services offered (the Contract) by both natural persons and legal persons (User). Failure to register on the Site prevents the use of the services offered. It is possible to request registration on the site and access the download/upload functions through the Contact form – Technical Office and therefore through direct agreements with the Head of the relevant office. (legal persons).

2.2 By accessing the Site or its contents, by consulting and downloading them or otherwise using them, the User undertakes to comply with the terms and conditions set out in this document as well as with all legal provisions.

2.3 The conditions set out in this document are considered valid in addition to other conditions valid as per contract or conditions of distribution, license, sale or under other applicable agreements or conditions.

3. Registration procedure

3.1 The User’s registration on the Site takes place by filling out a Registration Request through the Contact form – Technical Office, in fact, through direct agreements with the Head of the relevant office. In the event of incorrect data entry or the need to modify them, the User will have the right to request their modification at any time by sending a communication to the Company Simonazzi Remo s.r.l. by email to the address indicated in the following article 13.1.

3.2 Upon registration, the User will be assigned an identification code (User ID) and a password (Password) (the Registration). The User ID and Password will allow the User to use the services offered by the Company Simonazzi Remo s.r.l. on the Site (the Services) in compliance with the specific conditions and terms applicable to it.

3.3 The User ID and Password are strictly personal and non-transferable. The User undertakes not to disclose them to third parties and to keep and protect them with the utmost diligence. The User will be held solely responsible for the use by third parties of the User ID and Password.

3.4 The User undertakes, in any case, to immediately communicate any theft, misplacement or loss of the User ID as well as the theft or loss of the Password to the Company Simonazzi Remo s.r.l. by sending a communication via email to the address indicated in the following article 13.1. In case of loss of Password, the User may recover the lost Password by following the specific instructions contained in the Recover Password page, in the reserved area.

3.5 Simonazzi Remo s.r.l., at its sole discretion, may refuse Registration.

4. Conclusion of this Contract

In order to conclude this Contract, the User, after having filled out, electronically as indicated above, the Registration Request and sent it to Simonazzi Remo s.r.l., will wait to receive an email of acceptance and confirmation of the registration. This Contract is considered concluded upon receipt by the User of the UserID and Password sent by the Company itself.

5. Use of Services

Simonazzi Remo s.r.l. has the right to modify at any time and at its sole discretion the contents and functional and operational methods of the Site, also taking into account the need to comply with legislative provisions.

6. Cancellation of Registration

Simonazzi Remo s.r.l. reserves the right to cancel the Registration at any time. In this case, the User will lose the right to use the User ID and Password and to use the Services.

Access to the reserved area: The service may be suspended for failure to comply with the contractual terms. The services offered are provided AS IS and Simonazzi Remo s.r.l. reserves the right to suspend such services without notice.

7. User Obligations
The User undertakes to use the Site and the Services in such a way that:

all provisions contained in this Agreement and in the Disclaimer, all legal provisions and the general conditions relating to the Services are respected (for example, the general conditions of supply of the products or services of Simonazzi Remo s.r.l.);

no legal provisions are violated;

the rights of third parties are not violated, including, by way of example and not limited to, industrial and/or intellectual property rights;

false and/or misleading information is not entered on the site;

pornographic, racist, obscene, blasphemous, defamatory or otherwise offensive messages and/or material is not entered on the site;

the rules, ethical principles and good conduct are respected.

8. User Guarantees

The User declares and guarantees that he/she has full and exclusive ownership of any Trademarks (as defined in the following article 10) and of the information and content provided to the Company Simonazzi Remo s.r.l. and that their use by the Company Simonazzi Remo s.r.l. pursuant to this Agreement does not violate any third party rights or violate applicable laws and/or regulations.

9. Limitations of liability of the Company Simonazzi Remo s.r.l.

9.1 The Company Simonazzi Remo s.r.l. is in no way responsible for any damages deriving from the User’s use of the Site and the Services, including loss of business opportunities, lost earnings, loss of data.

9.2 Simonazzi Remo s.r.l. assumes no responsibility for delays, malfunctions, suspensions and/or interruptions of the connection to its Site and/or the Services caused by:

“Force Majeure” events, meaning, by way of example and not limited to, one of the following events: interruption of electricity or telephone lines or connection to the network due to third parties, strikes, industrial disputes, wars, reasons of state or civil or military authorities, embargoes, acts of vandalism and terrorism, epidemics, floods, earthquakes, fires and other natural disasters, incorrect use by the User of the Site and/or the Services, any other cause not attributable to Simonazzi Remo s.r.l.;

malfunctions of the connection equipment used by the User;

technical failures of the IT equipment of the Company Simonazzi Remo s.r.l..

9.3 The Company Simonazzi Remo s.r.l. does not guarantee:

that the Services or products offered on the Site do not violate laws, regulations, third party rights or provisions of authorities;

the correctness and truthfulness of the information relating to the Services or products offered on the Site;

any inaccuracies, imprecisions, errors and omissions in the content and information present on the Site and/or offered to Customers through the Services.

The Company Simonazzi Remo s.r.l. is therefore not liable for any damage, loss or liability suffered by the User as a result of requests for compensation, actions and/or claims of the Customers themselves and/or third parties relating to: inaccuracies, imprecisions, errors or omissions in the content and information present on the Site and/or offered to Customers through the Services; violations of laws and/or third-party rights in relation to the information and content present on the Site and/or offered to Customers through the Services; lack of conformity and defects of the products offered on the Site.

10. Industrial and intellectual property rights

10.1 The content and information available on the Site and/or offered to the User through the Services as well as the software used to provide the Services are the property of the Company Simonazzi Remo s.r.l. or licensed to it by third parties and are protected by copyright or other intellectual property rights (including database rights) recognized by applicable national, community and international laws.

10.2 The User undertakes not to download, reproduce, transmit, sell or distribute, in whole or in part, for any reason, the content and information available on the Site or received through the use of the Services and the software used for the provision of the Services, without the express written authorization of the Company Simonazzi Remo s.r.l..

10.3 The User acknowledges and accepts that the Registration Data as well as those subsequently provided to the Company Simonazzi Remo s.r.l. will be entered into a database created by the Company Simonazzi Remo s.r.l. and exclusively owned by the latter.

10.4 For the entire duration of this Agreement, the User grants the Company Simonazzi Remo s.r.l. the right, free of charge and without territorial limitations, to use one or more distinctive signs of the User (the Trademarks) in order to fulfill the obligations arising from this Agreement. The license to use the Trademarks includes the non-exclusive right of the Company Simonazzi Remo s.r.l. to use them in the context of its marketing and communication activities, always in full respect of the image of the User. The User has, however, the right to prevent such use of the Trademarks by giving written notice to the Company Simonazzi Remo s.r.l..

11. Links and reference sites

In addition to what is already provided in the Disclaimer, the Company Simonazzi Remo s.r.l. does not guarantee access to the sites to which any links inserted in the Site may refer and the truthfulness and completeness of the contents inserted in these sites. The Company Simonazzi Remo s.r.l. assumes no responsibility for any errors and/or omissions in them, nor for any violations of laws and rights of third parties.

12. Protection of personal data

12.1 The data communicated by the User at the time of Registration and subsequently, will be processed by the Company Simonazzi Remo s.r.l. in compliance with the law on the protection of personal data (Decree 196/2003), according to principles of correctness, lawfulness and transparency in compliance with security measures, with or without the aid of electronic and/or automated means and for the purposes indicated below:

– fulfillment of the obligations established by state laws, regulations and community or international legislation;

– the use of the Services including the execution of any preliminary or necessary activity for the performance of e-commerce services;

– commercial communications relating to the services offered by the Company Simonazzi Remo s.r.l., business opportunities, consultancy services, marketing, promotion and advertising, including via the Internet, market research and statistical surveys.

12.2 Consent to the processing of data for the purposes set out in the Privacy Policy is necessary to comply with legal and contractual obligations. Consent to processing is necessary to obtain information about the commercial opportunities offered by the Company Simonazzi Remo s.r.l..

12.3 The User, previously informed, pursuant to art. 13 of Decree 196/2003, about the purposes of the use of the data, with the acceptance of the terms and conditions set out in this Contract, gives his/her consent to the processing and dissemination of the same data by the Company Simonazzi Remo s.r.l. in Italy, in the countries of the European Union or in the United States.

12.4 The data controller of personal data is the Company Simonazzi Remo s.r.l.. The User may, at any time, contact the Company Simonazzi Remo s.r.l. in order to assert the rights under art. 7 of Decree 196/2003 and, free of charge, consult, request the updating, integration and rectification of their data, as well as oppose in whole or in part to their processing.

The User may contact, for this purpose, the data controller by writing to:

Simonazzi Remo s.r.l., with registered office in Via E. Ferrari, 8/10 – 42017 Novellara (RE) – segreteria@simonazziremo.it

13. Communications – Archiving

Any communication relating to this Contract will be sent:

– to the User, by e-mail, to the ordinary mail address or e-mail address communicated by the latter at the time of registration;

– to Simonazzi Remo s.r.l. at the e-mail address segreteria@simonazziremo.it

Where otherwise provided with respect to the above, communications may also be made by registered letter with return receipt if to the User, at the address indicated by the latter in the Registration Request, if to Simonazzi Remo s.r.l. at the address referred to in the previous article 12.4.

14. Changes to this Agreement

The User acknowledges and accepts that the Company Simonazzi Remo s.r.l. may change this Agreement at any time, giving timely notice. The continued use of the Site and/or the Services will be deemed to have accepted the changes made to this Agreement. It is understood that the acceptance of the changes to this Agreement by the User cannot be partial and must be understood to refer entirely to the proposed changes.

15. Applicable law and competent court

15.1 This Agreement is governed by Italian law.

15.2 Any dispute arising from the interpretation, execution and/or termination of this Agreement will be devolved to the exclusive jurisdiction of the Court of Modena.

By browsing the pages of the site, some so-called technical cookies may be installed on the User’s browser. These are cookies that serve exclusively to allow a better browsing experience but do not allow the storage of any personal data that can be used for other purposes. In order to have statistical data relating to visits to the site, furthermore, an additional cookie may be installed on the same browser which, however, will not allow either the owner of the site or third parties to trace the identity of the User and will be used exclusively for the purpose of recording, in aggregate form, the data relating to an additional access to these pages, except in the case of Customers registered on the site and who access the reserved area, thus activating the identification procedures already accepted and regulated by the same, at the time of voluntary registration on the site.

With the acceptance of this Contract, pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code, the User declares to have carefully read and specifically approve the provisions contained in the following articles: Art. 6 (Cancellation of Registration), Art. 9 (Limitations of liability of the Company Simonazzi Remo s.r.l.), Art. 10 (Industrial and intellectual property rights), Art. 11 (Links and reference sites), Art. 12 (Protection of personal data), Art. 14 (Changes to this Contract and to the general conditions of the Services), Art. 15 (Applicable law and competent court).