Terms and Conditions

 

1. Scope of application

1.1. These General Conditions of Use (hereinafter " Conditions ") are intended to regulate the use of the website www.department5.com (hereinafter the " Site ") managed by CATRIA CONFEZIONI SPA by the user as a registered user or simple visitor (hereinafter " User ").

1.2. The Site is for informational and e-commerce purposes. By accessing or using the services on the Site, the User accepts these Conditions and undertakes to comply with them. If the User does not intend to accept these Conditions, he/she is asked to refrain from using the Site.

1.3. Please read these Conditions carefully - as well as the other sections of the Site such as the Information on the processing of personal data, the information on the use of cookies, the General Conditions of Sale and those of withdrawal - before using the Site and possibly print a copy for future reference. DEPARTMENT FIVE reserves the right to modify these Conditions at any time for legal reasons, changes to the services offered or company needs. Therefore, the User is invited to consult these Conditions at each access to the Site also in order to verify the presence of any updates or changes.

1.4. Access to the Site and its services is intended exclusively for personal use not related to any commercial, entrepreneurial or professional activity.

2. Ownership of the Site

2.1. The Site is managed by Catria Confezioni SpA, with registered office in VIA 25 APRILE 7 CAP 61037 MAROTTA DI MONDOLFO (PU) - Italy, VAT number: 00162040414 ("DEPARTMENT FIVE").

3. Use of the Site

3.1. The User can consult and register on the Site free of charge.

3.2. Registration on the Site will involve the creation of a personal account, including a username and password, in accordance with the password creation criteria indicated from time to time on the Site.

3.3. The login credentials to the Site are personal and cannot be transferred or shared with third parties.

3.4. The User is solely responsible for all activities that will be carried out through his account. To this end, the User undertakes to take all necessary precautions to ensure that his password remains secure and confidential and undertakes to inform the Company immediately if he has reason to believe that any third party knows his password, if his password is, or is likely to be, used in an unauthorized manner, as well as in the event of its loss or theft.

3.5. The User may not use his/her account and the Site:

3.5.1. in a manner that causes, or may cause, interruptions, damage or malfunctions to them or their functionality; and

3.5.2. for fraudulent purposes, or in any case to commit illegal activities.

3.6. In any case, the User has the obligation not to interfere with the functioning of the Site and, in particular, undertakes not to attempt to circumvent its security, not to tamper with it and in any case not to prejudice in any way the operation of the Site or any computer system, server, router or any other computer device.

4. Site Services

4.1. The e-commerce services offered on the Site are governed by the General Conditions of Sale.

4.2. When creating an account or requesting it through the Site, the User may benefit from the newsletter service free of charge, which involves the periodic sending of emails with editorial and commercial content to the email address indicated by the User. The User may deactivate the newsletter service at any time by changing the relevant settings in his/her personal area or by clicking on the service cancellation link at the bottom of each newsletter email. For more information, please read the Information on the processing of personal data.

5. Intellectual property

5.1. The Site and its contents (including, but not limited to: the works, images, photographs, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, colours, models, tools, fonts and design of the website), as well as the brands and distinctive signs used by DEPARTMENT FIVE in relation to the sale of goods, are protected by intellectual property laws. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or modify, in any way or for any purpose, the content of the Site, the brand and distinctive signs used by DEPARTMENT FIVE, unless expressly authorised.

6. Warranty

6.1. DEPARTMENT FIVE does not provide any guarantee that the Site or its contents will be constantly accessible.

6.2. DEPARTMENT FIVE does not provide any guarantee regarding the absence of viruses, malware or other elements that make the Site and/or its contents dangerous. The User is responsible for implementing procedures and controls to satisfy the security needs and reliability of incoming and outgoing data, such as the installation of an anti-virus application.

6.3. Without prejudice to the provisions of the General Conditions of Sale, it is understood that some products may be presented alongside images or graphic reproductions whose purpose is merely illustrative.

6.4. The foregoing shall of course be deemed to apply where permitted to the fullest extent of the law.

7. Limitation of liability

7.1. The User accesses and uses the Site independently and at his/her own risk. DEPARTMENT FIVE assumes no responsibility in relation to the malfunctioning of the Site or to damages caused to the user by the use of the Site, which are not causally attributable to DEPARTMENT FIVE.

7.2. DEPARTMENT FIVE assumes no responsibility for any loss or damage resulting from the User failing to keep his/her password secure or failing to notify the Company of any unauthorised use, loss or theft of the password in accordance with Article 3.4. 

7.3. DEPARTMENT FIVE publishes information on its website in order to provide a service to users; however, it is not responsible for any technical inaccuracies and/or typographical errors. In the event of a report, DEPARTMENT FIVE will immediately make any corrections.

7.4 DEPARTMENT FIVE does not guarantee that the information published on its website complies with the laws of the relevant jurisdiction applicable to the user.

7.5. DEPARTMENT FIVE reserves the right to suspend, eliminate, interrupt or modify all or part of the Site without notice. DEPARTMENT FIVE will not be liable to the User if for any reason the Site is unavailable, in whole or in part, nor for any modification, suspension, or permanent interruption of the Site.

7.6. The foregoing shall of course be deemed to apply where permitted to the fullest extent of the law.

8. Links to other websites

8.1. The Site may contain hyperlinks to other websites that have no connection with the Site. DEPARTMENT FIVE is not responsible for the contents of these sites, nor for the rules adopted by them, including with regard to your privacy and the processing of your personal data during your browsing operations. No document or Content published on the Site is applicable to third-party websites. The User must therefore pay attention when connecting to these websites via the Links and carefully read their conditions of use and the related privacy regulations, as well as any documentation having legal relevance published by them. The activation of the Links does not imply any recommendation or notification for accessing and browsing these websites, nor any guarantee regarding their contents, services or goods provided and sold by them to Internet users.

9. Protection of personal data

10.1. Any information relating to personal data sent electronically via the Site by the User will be processed in compliance with the applicable personal data protection legislation - and, in particular, Legislative Decree no. 196/2003, as recently amended by Legislative Decree no. 101/2018 (Personal Data Protection Code) and EU Regulation 2016/679 (General Data Protection Regulation) - and the Information on the processing of personal data.

10. Applicable law and competent court:

10.1 These Terms of Use are governed by Italian law and must therefore be interpreted and applied accordingly.

10.2 These Conditions are governed by Italian law and any dispute relating to the Site is entrusted to the exclusive jurisdiction of the Court of Pesaro.