General sale conditions

WELCOME TO THE FORMULA PIZZA WEB SITE (SITE) . PLEASE READ THE TERMS OF USE BEFORE USING THIS SITE.

THIS SITE MUST ONLY BE USED FOR INFORMATION PURPOSES. BY GIVING HIS CONSENT AND USING THE SITE OR DOWNLOADING MATERIALS FROM IT, THE USER UNDERTAKES TO ABIDE BY THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS OF USE”) EXPRESSED BELOW. IN THE CASE THAT THE TERMS AND CONDITIONS ARE NOT ACCEPTED, THE USER MUST NOT GIVE HIS CONSENT, MUST NOT USE THE SITE AND MUST NOT DOWNLOAD INFORMATION THEREFROM .

Cookies

FORMULA PIZZA uses “cookie” technology to make it easier for the user to access the FORMULA PIZZA web site. The “cookie” files are sent to your computer for the purpose of identifying you uniquely and memorising your personal preferences and other technical information. Two types of cookie are used:

a) Permanent “Cookies” (the cookies stay on the computer until they are cancelled) and
b) Temporary “Cookies” (the cookies are deactivated when you close the browser)

In themselves the “cookies” do not contain or show personal data. Any personal data forwarded when using the FORMULA PIZZA web site may be linked to the data stored in the cookies.

The user can prevent FORMULA PIZZA from using the cookies by changing the browser settings so that cookies are not accepted (instructions for changing these parameters can be found in the users guide of the browser used). Caution: if the parameters are changed, it will not be possible to access some areas of the FORMULA PIZZA web site.

Licence

Under the terms and conditions contained in this agreement, FORMULA PIZZA grants the user a limited, non-exclusive right that may not be transferred, to access, use and display this site and the material thereon. With this agreement, the user undertakes not to disrupt or attempt to disrupt the functioning of this site in any way whatsoever.

FORMULA PIZZA authorises the display and downloading of information (the “Material”) of the Site solely for personal and non-commercial purposes. This authorisation does not constitute a transfer of ownership of the Material and copies thereof and is subject to the following restrictions: 1) Copyright and patent notices contained in the Material must be retained on all copies of the Material downloaded; 2) the user may not modify the Material in any way or reproduce it, exhibit it or present it in public, nor may he distribute it or use it in any way or divulge it publicly for commercial purposes; 3) the user may not transfer the Material to third parties unless they have been advised by the user of the obligations deriving from these terms and conditions of use and they undertake to comply with such obligations. This Site and all the Material are protected by copyright at an international level and are protected by international copyright-related laws and treaties. By using this Site, the user undertakes to comply with the international copyright-related laws and prevent any form of non-authorised copying of the material. Except for anything differently and expressly specified in this agreement, FORMULA PIZZA does not grant any express or implicit right pursuant to the legislation currently in force regarding drawings, trademarks, copyright and commercial secrets.

Users account

It is possible that the user has been asked to activate an account to access some private areas of the Site. In this event, it will be necessary to carry out the registration procedure by providing all the information requested on the special registration form. A request will also be made to create a password. The user will be responsible for keeping the account and password secret. The user will be responsible for all the activities and operations performed with the account activated and will notify FORMULA PIZZA immediately of any non-authorised use of his account and any other security violations. FORMULA PIZZA shall not be responsible for any losses suffered by the user arising from the use of the account and the password by third parties.

The user’s guarantee

The user undertakes to use the Site in compliance with the provisions of this Agreement, including the laws and clauses contained therein and to abide by the present and future practices and rules of the Site. The user undertakes not to use the Site for: (a) carrying out spamming activities or anyway transmitting or sending unsolicited communications; (b) pretending to act on behalf of FORMULA PIZZA or others; (c) falsifying names or otherwise manipulate identifying instruments to camouflage the origin of content transmitted through the Site; (d) make false declarations regarding the affiliations of the user to people or organisations; (e) act in such ways that could adversely influence the ability of other parties to use the Site; (f) undertake activities that contravene any relevant law; (g) send or transmit material that could infringe or violate the rights of third parties or that is illegal, abusive, defamatory, vulgar or in any other way despicable or that contains advertising or invitations regarding the Products or Services; (h) gathering or filing the personal information of other users without their specific authorisation; or (i) not complying with a request to withdraw from an authorisation granted referred to in point (h). The user that does not comply with the above, may not use the Site; FORMULA PIZZA cannot be considered legally bound by this Agreement and may instead take advantage of all the legal rights deriving from the abovementioned non-compliance by the user.

In the case of a violation of the Terms and Conditions of Use, the user will be bound to compensate for the damage caused to FORMULA PIZZA and its affiliates that results from its actions.

Changes

FORMULA PIZZA reserves the right at its sole discretion to change, amend, add or remove any part of this Agreement, wholly or in part and at anytime. Every amendment referring to this agreement shall come into effect the moment in which the notice of the amendment is published on the Site. The continued use of the Site by the user following an amendment shall constitute an implicit acceptance thereof.

FORMULA PIZZA may revoke, change, correct any error or omission in any part of the Site, make further changes to the Site, to the Materials and to the Products, to programs, to services or to any prices described in the Site, suspend or discontinue any profile of the Site including the availability of the various configurations of the Site at any time and without any prior notice. FORMULA PIZZA may at any time revoke the authorisation, rights and licence referred to above: upon revocation, the user must immediately destroy all the Material.

Recognition of Intellectual Property Rights

The user acknowledges that all the intellectual property rights of the Site (including, and without limitation, royalties, patents, know-how, confidential information, data bases, trademark and design rights – registered or otherwise) are conferred on FORMULA PIZZA or its licensed patent users. All the intellectual property rights and goodwill deriving from the use of these rights conferred on FORMULA PIZZA shall be for the benefit of FORMULA PIZZA.

Sharing of user information with FORMULA PIZZA

By sharing personal information with FORMULA PIZZA, the user shall benefit from a large number of advantages. By using the personal account or other forms of registration, the user shall be able to easily:

- record the purchase made on it using all the befits linked thereto
- request detailed information about the product
- receive personalised messages about invitations and special offers
- check the availability in stock of accessories and spare parts online
- receive communications and information about events and promotions

It is emphasised that the personal information shall be filed in the central FORMULA PIZZA database and may be transferred from the country of the user to other foreign FORMULA PIZZA branches from which all the communications with the user regarding the Products or the special offers come. If the user does not wish to receive information about promotions, he just needs to withold his consent on the registration form.

The information provided shall be processed by personnel specially charged with the task by FORMULA PIZZA . Except for the assigned personnel referred to above, the information shall not be transmitted to third parties without the users express consent.

If the user does not wish to receive information or personalised offers any longer and if he would like all the personal information to be removed , he just needs to ask FORMULA PIZZA by e- mail to deactivate the account and cancel all the relative data.

It must be remembered that the personal information provided to place a purchase order at the web store or to request assistance, unless the user also creates an account or takes part in the promotions, will be treated to the extent strictly necessary for the performance of the contractual relationship established and for the consequent fulfilment of the legal obligations deriving therefrom.

Information provided by the user.

Any information provided by the user that enables FORMULA PIZZA to identify the person through this site is protected by the law of privacy. Nonetheless confidential or exclusive information should not be sent to FORMULA PIZZA through this Site. The user agrees that any information he provides or is provided by his representative on his behalf to FORMULA PIZZA shall not be considered confidential or exclusive. By providing such information or material to FORMULA PIZZA , the user assigns and transfers all the intellectual property rights relative to such information entirely to FORMULA PIZZA and – therefore - FORMULA PIZZA shall be free to use, reproduce, exhibit, publicly produce, transmit, distribute, modify, assign and grant under licence such information and materials; the user furthermore accepts that FORMULA PIZZA shall be free to use any idea, concept or know-how provided to FORMULA PIZZA by the user or by his representative on his behalf. The user furthermore guarantees that it shall not provide any information or material to FORMULA PIZZA that has a defamatory, threatening, obscene, hostile or anyway illegal nature according to any applicable law or that incorporates exclusive material belonging to another person. FORMULA PIZZA reserves, at its own exclusive discretion, the right to remove any information provided by the user from the Site.

Security

The user may not: (a) use devices or software capable of interfering with the functioning of the Site; (b) do anything that imposes a load of a size that is out of proportion or unreasonable on the infrastructure of the Site (such as sending mass e-mails or spamming); (c) interfere with – or tamper with – the Site software or its functionality. This includes the publication on the Site of Material infected by viruses, Trojan horses, time bombs or other elements that may interfere with – or damage – the structure of the Sites programming system.

Third Party Websites

FORMULA PIZZA does not undertake to monitor or examine the content of third party websites nor can it be held liable for the accuracy or reliability of such sites. Moreover, FORMULA PIZZA may supply links to other sites managed by other organisations. Access to such sites involves exiting this Site. The user visiting another site through the abovementioned links does so at his own risk and is responsible for all the protective measures intended to counteract viruses or other destructive elements. FORMULA PIZZA declines all responsibility concerning any website visited through the abovementioned links or regarding the information contained on such site or the Products or services described thereon. The access to another site through links does not mean that FORMULA PIZZA – or the Site – sponsors or makes use of the site visited nor that it is affiliated or associated or that it is legally authorised to use any trademark, tradename, logo or copyright symbol displayed or accessible through these links. Nor does it mean that the site visited via links is authorised to use the trademarks, tradenames, logos or copyright symbols of FORMULA PIZZA or its affiliates or subsidiaries.

External links to the Site

All the links that lead to the Site must be approved in writing by FORMULA PIZZA , except in cases where FORMULA PIZZA allows access to it, in other words in cases where: (I) the link is only text containing just the name “FORMULA PIZZA ” and does not contain the property marks of FORMULA PIZZA or its licensees; (II) the link leads exclusively to www.FORMULA PIZZA .com and not to other pages on the site; (III) the link, when activated by a user, displays that page as a full screen, in the window of a fully operating, surfable browser and not inside a “frame” of the link website; (IV) the appearance, the position or other characteristics of the link do not create the false perception that an organisation, or its activities or its Products – are associated with – or sponsored by - FORMULA PIZZA , nor must they be such as to damage or weaken the goodwill associated with the name and trademarks of FORMULA PIZZA or its affiliated companies. FORMULA PIZZA reserves the right to revoke this consent to the link at any time and at its sole discretion.

Explicit exclusions from the warranty

Although every effort has been made to ensure the accuracy of this Site, FORMULA PIZZA DOES NOT ASSUME ANY RESPONSIBILITY IN THIS REGARD. THE MATERIAL MIGHT CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. FORMULA PIZZA DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF THE MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR ANY OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. THE USER AGREES TO ASSESS, AT HIS OWN RISK, THE RELIABILITY OF SUCH OPINIONS, ADVICE, STATEMENTS , MEMORANDA OR INFORMATION. ALL THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. FORMULA PIZZA EXPRESSLY DENIES ANY GUARANTEE OR CONDITION, EXPRESSED OR IMPLICIT, INCLUDING, BY WAY OF EXAMPLE, THE GUARANTEE OF MARKETABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE, THE NON-INFRINGEMENT OF THE RIGHTS OF OTHERS OR THE FUNCTIONING OF THIS SITE OR ITS CONTENT. FORMULA PIZZA DECLINES ALL RESPONSIBILITY REGARDING THE SECURITY OF THIS WEBSITE. THE USER ACCEPTS THAT ANY INFORMATION TRANSMITTED MAY

BE INTERCEPTED. FORMULA PIZZA DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE OR THE ELECTRONIC COMMUNICATIONS SENT BY FORMULA PIZZA ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH GUARANTEES AND CONDITIONS ARE EXCLUDED UNLESS SUCH EXCLUSIONS ARE PROHIBITED BY LAW.

Limitation of liability

IN NO CASE MAY FORMULA PIZZA BE HELD RESPONSIBLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGE (INCLUDING, BY WAY OF EXAMPLE, DAMAGE THROUGH LOSS OF BUSINESS OPPORTUNITIES, CONTRACTS, EARNINGS, DATA, INFORMATION OR THE INTERRUPTION OF BUSINESS) CAUSED BY THE USE OR THE IMPOSSIBILITY TO USE THIS SITE OR THE RELATIVE CONTENT IN ACCORDANCE WITH THIS AGREEMENT, EVEN IN THE CASE WHERE FORMULA PIZZA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION TO THE CONDITIONS LAID DOWN HERE, FORMULA PIZZA SHALL NOT IN ANY CASE BE RESPONSIBLE FOR ERRORS, IMPRECISIONS, OMISSIONS OR OTHER DEFECTS NOR IN THE TARDINESS OR NON- AUTHENTICITY OF THE INFORMATION OF THE INFORMATION CONTAINED ON THIS SITE.

Reduction of losses

Without prejudice to the limitation of liability laid down herein, the user undertakes to take all reasonable measures aimed at lessening his losses deriving from any claim or action (due to negligence, violation of contract or other reason) that the user may initiate against FORMULA PIZZA.

Notices

All the references to “written”, “notices” and “notifications” and to all the expressions regarding the same ends, refer to electronic methods of communication (e.g. e-mail) on the condition that the interested party keeps acceptable evidence of the communications sent and received.

Terms of limitation and severability

Any legal action that the user intends to initiate with regard to the Site use must be initiated within (1) year of the communication of the complaint or from the moment the event occurs over which it is intended to take legal action. If for any reason a court with jurisdiction establishes that a provision (or a portion thereof) is not applicable, said provision shall be applied within the utmost limits allowed in order not to influence the intention of the Agreement, while the remaining part of this Agreement will continue to be fully valid and effective.

Access from countries and places outside Italy

FORMULA PIZZA declines all liability that the material on this Site is appropriate or available for use in centres outside Italy. Access to the material is prohibited where its content is illegal. Persons accessing this site from centres outside Italy are responsible for complying with all local legislation.

Jurisdiction

The use of this site and the terms of this Agreement are regulated by the Italian law, without effect for conflict of law provisions.
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