Conditions of use of the Site

 

1. 1. Scope
   • The following “Conditions of use of the Site” (“Conditions”) govern the user’s access to this website (il “Site”), the domains of which are owned by Cassina S.p.A., the domains of which are owned by Cassina S.p.A. (di seguito, “Cassina”). Cassina is subject to direction and coordination by Haworth Italy Holding S.r.l.
   • Use of the Site implies unconditional acceptance of all the Conditions by the user: the user must leave the Site immediately if he/she does not agree with even one of the following Conditions.
   • Any browsing of the Site implies unconditional and full tacit acceptance of the Conditions by the user, who is obliged to comply with the provisions contained herein.
   • These Conditions and the General Terms of Sale are an integral part of the General Conditions for use of the Site and for the purchase of products online offered by Cassina via the Site. In the event of any conflict between these Conditions and the General Terms of Sale, the General Terms of Sale shall prevail. However, if the user does not purchase any product offered by Cassina via the Site, only these Conditions shall apply.
   • Cassina reserves the right, even without prior notice, to make changes and additions to these Conditions at its discretion where required by regulatory updates, changes to the services offered, or needs arising from changes in company policies. The applicable Conditions are those which may be found on the Site at the time. If the user does not agree with any of the revised Conditions, he/she must leave the Site immediately, and close the account previously created on the Site, since any browsing of the Site implies tacit unconditional and complete acceptance of the revised Conditions.

 

2. 2. Use of the Site
   • The Site is an online portal for promotion and information and, for certain categories of users, for access to specific services, including electronic commerce, where:
   • users may inquire about the products, services and initiatives offered by Cassina, either directly or through parent companies, subsidiaries, under shared control or related companies, as well as occasionally by third parties in collaboration with Cassina (e.g. authorized distributors);
   • Certain specific categories of users, who have the necessary credentials and requirements, may access restricted areas of the Site to obtain specific online services from Cassina, including e-commerce, which are regulated by the terms and conditions applicable to each specific service, as published or disclosed at the time to specific categories of users;
   • All users, whether registered and unregistered, may purchase products from Cassina online. For further information on the terms of sale of Cassina's products on the Site, please see the General Terms of Sale available on the Site, to which reference should be made in full.

 

3. 3. Intellectual and industrial property rights
   • The Site is owned by Cassina entirely and in all its parts; the material contained on the Site is owned by Cassina, the subsidiaries of Cassina or its affiliates, under shared control with Cassina or its subsidiaries, or the respective licensors, from whom Cassina has obtained every right to include such materials on its Site(i “Content”).
   • All rights are reserved worldwide. The Content is protected by copyright law, trademark laws and/or other intellectual and industrial property rights. The Content includes but is not limited to: trademarks of all types, including unregistered trademarks, trade dress distinguishing features, logos, photographs, images, drawings, films, sound recordings, technical drawings, technical documents, databases, tables, texts, slogans and, in general, any other material otherwise contained on the Site, the aesthetic form, layout, organizational structure, code of the Site and the software used to create the Site or which it is composed of.
   • It is strictly forbidden to download, extract, copy, reproduce, process, disclose and, in general, use the Content or the Site in any way, for purposes other than those for which they are intended, unless otherwise agreed in writing with Cassina and except as set out in point 4 below.

 

4. 4. Use of product images and technical drawings available on the Site
   • Cassina allows use of the images of Cassina products on the Site and/or of the technical drawings on the Site for strictly personal, non-commercial use and exclusively for the purpose of criticism and discussion, provided that the images and technical drawings remain intact in all their aspects, and provided that the same images and technical drawings show, at any time, the correct indications concerning the author of the product portrayed and the holders of the image rights, as well as the names and trademarks of Cassina as indicated at the time on this Site.
   • If authorized in advance and in writing by Cassina, design professionals, authorized distributors and agents of Cassina may download and use the images of Cassina's products on the Site or the technical drawings on the Site, for the sole purpose of promoting sales of Cassina products to specific and individual final customers to be entered into between Cassina and the final customer or between Cassina's authorized distributors and the final customer. This being provided that such images and technical drawings show, at any time, the right information regarding the author of the product portrayed and the holders of the image rights, as well as the names and trademarks of Cassina as indicated on this Site at the time.
   • Any other use of images of Cassina products and technical drawings is expressly excluded.

 

5. 5. Features of the Site
   • The Site and Content are provided to the user in the state in which they are posted and as available, without warranty or statement of fact, whether express or implied, including the guarantee that no harmful programs (es. viruses, malware) are present..
   • The user shall use the Site at his or her own risk, bearing all costs related to the use of the Site and assuming all responsibilities arising from use of the Site.

 

6. 6. Restricted areas of the Site
   • This Site may include areas reserved for users with access credentials, such as a credential pair consisting of a username and password (the Credentials”). Registration in the restricted areas of the Site will therefore entail the creation of a personal non-transferable and non-shareable account through which the user may, among other things, review orders placed through the Site. Where the user is a company, the user acknowledges that the account will be created by an individual with appropriate powers to bind such company.
   • The user shall keep the Credentials confidential, without allowing access to the relevant reserved area to non-authorized third parties; the user shall therefore control access to his/her terminal (computer and other devices), accepting, to the extent permitted by the applicable legal provisions, his/her responsibility for all activities carried out using the Credentials.
   • The user is responsible for all activities carried out using his or her Credentials. To this end, he/she undertakes to take adequate precautions to ensure that his/her password remains secure and confidential and undertakes to inform Cassina immediately if he/she has reason to believe that any third party has knowledge of his/her password, or if his/her password is, or is likely to be, used in an unauthorized manner.
   • The user also undertakes to ensure and, therefore, guarantees the truthfulness and correctness of his or her data linked to the Credentials, and must notify Cassina without delay of any change or variation of such data and, in any case, of any information in any way provided to Cassina for use of the Site. Changes may be communicated to Cassina by e-mail: [email protected]. Otherwise, by accessing the Reserved Area section of the Site, the user may access and update the information provided as well as his or her Credentials directly and, should he or she so wish, may choose to delete his or her account by following the procedure set out therein.
   • Cassina may add further features to the account, which will be notified via the Site and/or by e-mail to the Customer.

 

7. 7. Unlawful use of the Site
   • The user must comply with the terms of these Conditions of Use, as well as applicable laws, when using the Site and must not infringe the rights of Cassina, its group companies or their suppliers.
   • The user declares and warrants that he/she will not make use of the Site and/or the reserved area and/or the Credentials:
     • so as to cause, or be likely to cause, interruptions, damage or malfunctioning of the Site and/or the reserved area, doing everything in his/her power to maintain the functionality of the Site and/or the reserved area;
     • to commit illegal acts or fraudulent activities;
     • to infringe the intellectual and industrial property rights, including copyright and domain name rights, of Cassina or of third parties, without prejudice to the rights referred to in point 4;
     • to cause harassment, disturbance, prejudice or alarm;
     • Cassina reserves the broadest rights to prevent access to the Site and/or the reserved area, to permanently or temporarily revoke Credentials, to remove or modify Site content at its own discretion.
     • In the event of a breach of the obligations set out in this section, the user shall be liable to pay compensation for damages suffered by Cassina, its group companies and its suppliers.

 

8. 8. Personal data and cookies
   • Personal data collected through the Site is processed in accordance with applicable law, as specified in the “Privacy Policy” [inserire link] section of this Site.
   • Cassina uses cookies on this Site in accordance with applicable law, as specified in the “Cookie Policy” [inserire link] section of this Site.

 

9. 9. Links to third-party sites
   • The Site may contain links to third-party sites, pages, applications. Cassina does not guarantee the operation of such links or their functionality; Cassina does not guarantee that the sites, pages and applications of third parties will be reachable, nor does it guarantee their content, even if this is related, in whole or in part, to Cassina.
   • Any links to third party sites and references to third party information, products or services linked to the Site do not represent nor may be construed in any way as approval or affiliation of such third party sites by Cassina, with particular reference but not limited to, the views expressed in such third party sites, pages and applications, when they make use, in whole or in part, of content that relates to Cassina. Cassina is not responsible for any third-party sites and does not guarantee their content.
   • Without prejudice to the provisions of points 3 and 4, the user undertakes not to link to, transpose, or share the pages of this Site, even by means of social networks (e.g. Facebook, Twitter, Instagram, Tumblr, etc.), except for strictly personal, informative and disclosure, non-commercial purposes, with the express prohibition of carrying out the aforementioned activities with the aim of appropriating the value of the Site and the Cassina brand for his/her own commercial activity. The rights granted by Cassina to specific users under separate agreements with each other are not affected.

 

10. 10. Limitation of liability
    • Cassina shall not be liable for any disservices and costs arising from the communication of erroneous or out-of-date information by the user or delays in the performance of services provided by the Site that are due to the user's conduct.

 

10. 11. Applicable law and jurisdiction
    • Unless otherwise provided for by mandatory regulations at the time, these Conditions shall apply and be construed in accordance with Italian law.
    • Unless otherwise provided for by mandatory regulations and without prejudice to the particular conditions provided for specific sections of this Site, any dispute between Cassina and the user in relation to these Conditions shall be submitted to the exclusive jurisdiction of the Court of Milan, Italy.

 

11. 12. Language
    • Translations of these Conditions into languages other than Italian are considered as courtesy translations. The Italian version of these Conditions shall prevail over any version in a language other than Italian.