Terms and Conditions
General Use Conditions
These General Use Conditions (hereinafter "General Use Conditions") rule the access and use of the website sergiorossi.com (hereinafter the "Website") by the user. By accessing the Website and using it, the user confirms he has seen and accepted the General Use Conditions.
The Website is managed and maintained by Diana E-Commerce Corporation S.r.l., with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD442830, Tax code and VAT number 05097740285, fully paid capital stock 500.000 Euros (hereinafter the “Manager”), which is also the subject that sells products through the Website under the authorization by Sergio Rossi S.p.a..
Changes of the use conditions
The Manager can modify or update, partially or totally, these General Use Conditions. The changes and the updates of the General Use Conditions will be published on the Website Home page as soon as they are adopted and they will be binding as soon as they are published on the Website in this section.
Liabilities for the use of the Website
1. The access and the use of the Website, including displaying web pages, communicating with the Manager, downloading information relevant to products and their purchase are activities that the user carries out for personal purposes and don’t involve any commercial, professional or entrepreneurial activity.
2. The user will be liable for the use of the Website and its contents. The Manager is not liable for the use of the Website and its content that does not comply with the regulations in force and the legal notes of the Website except for the liabilities for damage and gross negligence. In particular, only the user will be liable for communicating incorrect information or data, as well as false data or data from third parties who have not authorized their use as well as for the incorrect use of the data themselves.
3. The user is liable for the use of material downloaded from the website or obtained from it; therefore, the liabilities for damages to computer systems or loss of data resulting from downloading it from the website are charged to the user and can never be charged to the Manager.
4. The user is responsible for keeping and properly using his/her personal information such as the credentials to enter reserved services, as well as for negative consequences or injury caused to the Manager or third parties due to the incorrect use, loss or theft of information.
5. The Manager provides the Website as it is in the factual and legal state without any implicit or explicit warranty to the user. Except in cases of damage or gross negligence, the Manager will not be responsible for damage due to the use of the Website and the websites of third parties that are indirectly linked to its Website, such as damage to IT systems, loss of data or loss of commercial opportunities as well as any business interruption. Except for the law limitations, the Manager declines all liabilities for any damage due to the incapability to use the Website services or other damage caused by viruses, damaged files, errors, omissions, service interruptions, the cancellation of content, problems with the network, providers, telephone and/or telematic connections, unauthorized access, changes of data, no operation and/or malfunctioning of electronic devices of the user.
6. In accordance with the limitations of the regulations in force, the user commits to indemnify the Manager and its entitled persons from charges and damage, including legal costs, which might be caused by entering and/or using the Website in violation to the law in force and the legal notes on the Website and/or by violating the rights of third parties.
Intellectual property rights
1. The Website contents, such as works, pictures, dialogues, music, sound and videos, documents, drawings, figures, logos and all other material, in any format, published on the Website, including menus, web pages, graphics, colors, diagrams, instruments, characters and the design of the Website, diagrams, layouts, methods, processes, functions and software, which are part of the Website (hereinafter the “Contents”), are protected by the author’s right and by all other intellectual property rights of the Manager and its entitled persons. It is forbidden to reproduce, partially or totally, in any form, the Website and its contents without the written authorization of the Manager. The Manager has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any form or way, either partially or totally, of the Website and its contents.
2. As concerns the use of the Website, the user is only authorized to display the Website and its Contents.
3. The user is not authorized to reproduce the Website and its Contents either partially or totally in any medium. Any reproduction will be authorized by the manager and, if necessary, by those who have rights on the works contained on the Website. However, the reproduction operations will be carried out for licit purposes and on the basis of the author’s rights and other intellectual property rights of the Manager and/or its entitled persons. The authors of the works published on the Website have, at any time, the right to claim the ownership of their works and oppose any deformation, modification or change of their works including any action against the works as well as the injury to their honor or reputation.
4. The user commits to respect the author’s right of those who publish their works on the Website or who collaborate to the creation of all expressive or artistic forms intended for publication, but not exclusively on the Website, or, that which is an integral part of it. Furthermore, the user is never authorized to use, in any way and form, the Contents of the Website and all works protected by the author’s right and other intellectual property’ rights.
Trademarks and domain names
1. All the distinctive marks of the products sold on the Website and contained on the Website are trademarks registered by their relevant owners and are used to distinguish, describe and advertise the products on sale.
2. The Manager and the other owners of registered trademarks are entitled to use their trademark in an exclusive way. Any use of these trademarks that does not comply with the law and is not authorized is forbidden and will be liable to prosecution. It is forbidden to use trademarks and other distinctive marks of the Website to take advantage of the distinctiveness or reputation or in a way that can damage the trademarks and their owners.
User Generated Content (“UGC”)
1. The individual and/or the legal person that has directly or indirectly (even by sending a specific hashtag) authorized Sergio Rossi S.p.a. (the “Grantor”) to communicate and/or publish or diffuse of a contribution of theirs, of any form or nature and on any support (including, without limitation, images, photos, videos, sounds, music, texts, and works of any type), grants permanently, irrevocably, non-exclusively, free of charge and royalty, all and any rights of economic exploitation including the rights related to copyrights and rights relevant to these contributions (hereinafter “Authorized Contributions”), with the sublicense right. Therefore, the Grantor expressly acknowledges that Sergio Rossi S.p.a. has the right to use the Authorized Contributions, to use or remove them at any time because Sergio Rossi S.p.a. its entitled persons are the only legitimate and competent subjects for these purposes for an indefinite amount of time. The rights are granted in the worldwide and for any use and economic exploitation. All Authorized Contributions will be non-confidential. Consequently, Sergio Rossi S.p.a. will be entitled to use, copy, distribute, reproduce, transfer, exploit, modify, process, transform, keep in a database, cut parts, modify and/or add, insert or replace comments and/or diffuse to third parties these contributions for any purpose and according to the methods and advertising and/or commercial strategies that Sergio Rossi S.p.a. and/or its entitled persons will decide (such as, without limitation, by reproducing and publishing the contributions by means of Facebook, Instagram, brochures, magazines, albums, collections, products, etc., even for commercial initiatives). Therefore, the Grantor authorizes Sergio Rossi S.p.a. and its entitled persons to match/link, directly or indirectly, the Authorized Contributions to the commercial and promotional initiatives, the image and the distinctive marks of Sergio Rossi S.p.a. and/or its entitled persons (without prejudice to the moral rights of the Grantor).
2. The Grantor guarantees that he has the rights and the juridical capability to commit to these General Use Conditions in his jurisdiction and that the contribution is an original and exclusive work and that the work:
- - does not derive of any work of third parties without their authorization;
- - does not breach or can breach in any way the author’s rights, registered trademarks or other rights of intellectual or industrial ownership of third parties;
- - does not breach or can breach in any way the economic rights or personal rights of third parties as the Grantor has received the authorization and/or specific consent by any third party (or any other person having rights on them);
- - does not breach any law provision, including, as an example, Law no. 633/1941 and subsequent modifications and integrations of the Law Decree 30/2005 – Code of Industrial Property and subsequent modifications and integrations, Law Decree 196/2003 – Privacy Act and Regulation (EU) 2016/679;
- - it is not indecent, racist, discriminatory or, in any way, contrary to public order or public morals;
and commits to indemnify Sergio Rossi S.p.a. and its entitled persons in any case in which one or more of the above-mentioned statements are false or incorrect. Sergio Rossi S.p.a. and its entitled persons will also have the right to communicate the identity of the Grantor and other third parties that claim that the Authorized Contributions breach their rights of intellectual property and/or their confidentiality.
3. Sergio Rossi S.p.a. and/or its entitled persons, will not be liable for breaching the rights of the Grantor and/or third parties directly or indirectly deriving from the use, in any form and way, of the Authorized Contributions, in any case, both for the contractual liability or non-contractual liability (including, for example, negligence or breach of the law) concerning: i) patrimonial damages (including, for example, any arising damage, loos of income, current or forecast profits, contracts, business, opportunities or forecast savings); ii) loss of reputation; iii) consequential or indirect damage suffered by the Grantor or third parties.
4. The Grantor accepts that he will indemnify Sergio Rossi S.p.a. and/or its entitled persons, and will hold it harmless from all costs, direct and indirect damage, expenses, losses, including legal and court fees relevant to any claim and/or application and/or action that can be performed at any place by third parties, including public authorities, administrative and state bodies, due to any dispute deriving from or relevant to the use of the contribution by Sergio Rossi S.p.a. and/or its entitled persons and to the statements and guarantees given by the Grantor in these General Use Conditions.
Links to other websites
2. Anyone interested in linking to the Home page and other pages of the Website, which are publicly accessible, should contact the Manager at the following e-mail address firstname.lastname@example.org, to ask for the authorization to the hypertextual connection.
The Manager authorizes the applicant to enable the links free of charge and not exclusively after obtaining the authorization of Sergio Rossi S.p.a. and checking the applicant’s requirements.
Sergio Rossi S.p.a. has the right to refuse an applicant to enable direct links to the Website in the event the applicant has adopted, in the past, disloyal commercial practices or practices that don’t comply to the industry use or has carried out actions of disloyal competition to Sergio Rossi S.p.a. or if Sergio Rossi S.p.a. fears that these practices can be adopted in the future, or if the applicant has adopted in the past, or might adopt in the future, some actions that might discredit Sergio Rossi S.p.a., their Website or their services. In any case, it is forbidden to enable deep hypertextual links (such as deep frames or deep links) to the Website as well as the non-authorized use of meta-tags to the Website without the authorization of Sergio Rossi S.p.a..
Warnings about the content
1. The Manager has taken every step to prevent content that describes or represents abusive scenes or situations from being published on the Website or content that can harm the civil convictions of the users as well as the human rights and the dignity of the person in any form and expression.
Despite this, the manger does not guarantee that the Website content is appropriate or licit in other countries out of Italy. However, if the content is illicit or illegal in some countries, we recommend not entering the Website and, if the user decides to enter it as well, the way he will use the provided services will be of his own exclusive liability.
2. Moreover, the Manager has adopted all precautions to ensure his users that the Website content is accurate and free of incorrect or old information when it is published on the Website and possibly, even later.
3. For any problem detected in the use of the Website contact the Customer Care or the following e-mail address: email@example.com.
4. Despite the Manager trying everything to ensure continuous access to the Website, the dynamic nature of Internet and its content might not consent the Website to operate without suspensions or interruptions due to the need of updating the Website.
5. The Manager has adopted technical and organizational measures suitable to safeguard security of its services of the Website, the integrity of traffic data and electronic communications with other use or knowledge forms not allowed as well as to prevent the risks of dispersion, description or loss of data and confidential and non-confidential information relevant to its users on the Website as well as unauthorized access or not complying with law regulations, data and information.
6. In the event of a breach of these General Use Conditions, the legal notes given in the Website and the regulations in force, the Manager will be entitled, anytime, to suspend, modify or cancel the personal account of a user.
Applicable law and resolution of disputes
These General Use Conditions are ruled by Italian law. In the event of controversies arising from the General Use Conditions, the user can enter the platform for solving online disputes provided by the European Commission by the link https://webgate.ec.europa.eu/odr.
General Sales Conditions
These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product offers and sales on the website sergiorossi.com (hereinafter “Website”).
The products purchased from the Website (hereinafter the “Products”) are sold directly by Diana E-Commerce Corporation S.r.l., with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD442830, Tax code and VAT number 05097740285, fully paid capital stock 500.000 Euros (hereinafter the “Seller”).
1. Applicability of these General Sales Conditions
1.1. These Sale Conditions exclusively rule the offer, the dispatch and the acceptance of the purchase orders of the Products from the Website between the users-consumers (hereinafter the “Consumer”) and the Seller.
The General Sales Conditions don’t rule the supply of services or the sale of products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the Consumer’s responsibility to check the sales conditions before sending an order and purchasing products and services from other parties who are not the Seller. Therefore, the Seller is not responsible for the supply of services from third parties or the conclusion of agreements, by electronic means, between the Consumer and third parties.
1.2. The Seller offers the Products on sale by means of the Website and carries out electronic commerce activity only to final users who are “consumers”, i.e. individuals who have no commercial, professional or entrepreneurial targets.
Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” or from subjects that don’t comply with their commercial policy.
1.3. Reading and approving these General Sales Conditions is compulsory to send a purchase order. If these General Sales Conditions are not accepted, purchases cannot be carried out from the Website.
2. Conclusion of the agreement between the Consumer and the Seller
2.1. The language of the agreement is English.
2.2. Purchase orders from countries not included in the list of countries won’t be accepted.
2.3. In order to conclude a purchase agreement, the Consumer, who wishes to purchase one or more Products from the Website, shall complete the electronic order form and send it to the Seller by following the given instructions.
2.4. The order form contains a reference to these General Sales Conditions and the Informative Note about the Right of Withdrawal as well as a summary relevant to the essential characteristics of each ordered Product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.
2.5. Before purchasing the Products and sending the order form, the Consumer should carefully read these General Sales Conditions and the Information Note relevant to the Right of Withdrawal and Consumer should also be able to print, be familiar with or copy them for his/her personal uses.
2.6. Before sending the order form, the Consumer will be able to identify and correct mistakes, if any.
2.7. By sending the order form, the Consumer declares that he/she understands and accepts its contents as well as the General Sales and Use Conditions. The order won’t be executed if these contents as well as the legal notes are not fully accepted.
2.8. The prices of the Products might be updated. The Consumer should check the final sale price before sending the order form.
2.9. The agreement is completed when the order form is received by the Seller, by electronic means, and after making sure that the order is correct.
2.10. The Seller will not execute orders that are incomplete or incorrect or that don’t give enough guarantees of its solvency or if the Products are not available. In these cases, the Seller will immediately inform the Consumer if the ordered Products are not available, and, in any case, within 14 days from the day after the order was sent to the Seller. The Seller will let the Consumer know the reasons why the order won’t be executed and the Seller will reimburse the paid amount if the Consumer has already sent the purchase order and paid for the Products.
2.11. In case of any misunderstandings or other inconveniences, if the price indicated on the website is lower than the correct selling price of a product, the Consumer will be contacted by the Seller to check whether she/he still wishes to purchase the product at the correct price. Otherwise the order may be canceled by the Seller.
2.12. After the agreement is concluded, the Seller will mail the Consumer a purchase receipt that gives the information contained in the order form (see the General Sales Conditions and the Information Note relevant to the withdrawal right, the information relevant to the main characteristics of the Product, the detailed price, including taxes or other applicable charges, the payment method, the right of withdrawal and the delivery costs).
2.13. The purchase order will be filed in the Seller’s database for the period necessary to complete the order and in accordance with the law. The Consumer will be entitled to check his/her orders entering his/her profile and the proper section of the Website.
3. Characteristics of the goods on sale
3.1. The Website offers only original Products marked Sergio Rossi and purchased directly by the Seller from Sergio Rossi S.p.a. and/or producers authorized by Sergio Rossi S.p.a..
3.2. The essential characteristics of the Products sold by the website are given in each Product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and/or the available monitor.
3.3. The Seller sells the Products with the legal warranty that complies with article III, Part IV, of the Law Decree 6th September 2005, no. 206 (the Consumer Code). The warranty implies that the Seller is responsible for the conformity defects of the sold products that appear within 2 (two) years from the delivery of the products. In order to be able to use the conformity warranty, the Consumer must inform the Seller about the defect of the purchased Product within 2 (two) months from the discovery of the defect itself. In the event that a conformity defect is reported within the terms, the Consumer may ask the Seller to repair the Product or replace it, free of charge in both cases; unless the repair and replacement are impossible or too expensive. The Consumer can also ask for a price reduction or the resolution of the contract in the event that the repair or the replacement is impossible or too expensive or if the Seller has not repaired or replaced the Product within a proper term or if the replacement or repair of the Product has caused a great inconvenience to the Consumer. In order to use the Warranty, we recommend keeping and providing the purchase documents of the Products. For further information about the legal conformity guarantee for the consumer, please see the Consumer Code.
4.1. The payment methods for the Products and the relevant shipment and delivery expenses are given on the order form and are part of these Sales Conditions.
4.2. If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website. The Product purchase price and the shipment expense, as given on the order form, will be charged at the moment of the purchase.
5. Shipment and delivery of the Products
5.1. The shipment of the Products ordered on the Website is carried out by express delivery. The delivery time is given in the “Shipment” page and it includes working days but not bank holidays. For personalized products or products made to order, delivery can take up to 5–6 weeks.
5.2. The Website automatically recognizes the country from which the consumer is being connected but it is possible to change the reference country of the Website.
5.3. The order must be carried out directly from the Website of the country identical to the delivery address. Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted.
6. Right of withdrawal
6.1. The Consumer is entitled to withdraw from the agreement concluded with the Seller without any penalty and without giving any reason, within 14 working days from the day he/she has received the Products purchased from the Website.
6.2. To exert the right of withdrawal, the Consumer must proceed as follows:
- - Enter the Website to the section relevant to the orders and fill out the return form and then send it to the Seller by e-mail. The Consumer should make sure that all the conditions given in this paragraph are met;
- - Return the Products to the Seller by means of the carrier in accordance with the methods given in the following paragraphs;
- - Wait for the acceptance confirmation of the returns from the Seller and the relevant reimbursement.
6.3. Alternatively, the Consumer can send a communication where he/she writes his/her decision to withdraw from the contract and gives his/her personal details (name, surname, address and e-mail), the order date and the date when the Products were received. The Consumer can use the withdrawal form of type given in Attachment I of the Law Decree 21st February 2014, no. 21 (the form is not compulsory). The withdrawal communication can be sent to the Seller by
- - mail: Diana E-Commerce Corporation S.r.l., Via San Daniele n. 137/139, 35038, Torreglia (PD), or
- - e-mail: firstname.lastname@example.org.
6.4. If the Consumer decides to use the forwarder suggested by the Seller on the return form, the expenses for returning the purchased Products will be paid by the Seller. In this case, no expenses will be charged to the Consumer.
6.5. If the Consumer decides to use a carrier that is not given on the return form, the expenses for returning the products will be charged to the Consumer.
6.6. The right of withdrawal – besides following the terms and methods given in the previous paragraph – is correctly exercised if the following conditions are met:
- - the Return Form is completed and sent to the Seller within 14 working days from the receipt of the Products;
- - the Products must not be used, worn, washed or damaged or their essential and/or qualitative characteristics must not have been changed;
- - the Products must be returned in their original packaging;
- - the identification card of each Product must be inserted inside the packaging because it is part of the Product;
- - the returned Products must be delivered to the forwarder within 14 days starting from the day that the consumer has sent the relevant Return Form to the Seller.
6.7. The right of withdrawal cannot be exercised in the following cases:
- - tailor-made or customized Products;
- - Products that deteriorate or expiry quickly;
- - Sealed Products that cannot be returned for hygienical reasons and that have been opened after the delivery;
- - The Products that, after deliver, are mixed with other goods.
It is understood that exclusion of the right of withdrawal as outlined in the preceding points will not jeopardize legal conformity guarantees or the fact that customers are not liable for defective products.
6.8. If the right of withdrawal is exercised, the Product cannot be replaced with another one and the Consumer will have to place a new order.
6.9. If the terms and conditions of the right of withdrawal given in this paragraph are not followed, the Consumer will not be entitled to reimbursement of the amounts paid to the Seller; nevertheless, the consumer will have the right to get back, on his/her own expenses, the products he/she had returned to the Seller. Otherwise, the Seller might keep the products as well as the amounts already paid from them.
7. Time and method of reimbursement
7.1. After returning the Products, the Seller will check that they comply with the conditions and terms given in paragraph 6. If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.
7.2. Despite the payment method chosen by the Consumer, the reimbursement is carried out by the Seller after checking the correct execution of the withdrawal right and in the shortest time possible and within fourteen (14) days starting from the day that the Seller receives the return communication.
7.3. The Seller will reimburse the Consumer by using the same method that the Consumer has used for the purchase unless it is agreed differently. If there is not a correspondence between the recipient of the Products and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment.
7.4. The date of the currency of the reversal is the same of the charge; therefore, there will be no loss of bank interests.
8.2. Moreover, the General Use Conditions contain important information relevant to processing the personal data of Consumers as well as the adopted security systems.
9. Applicable law and resolution of dispute
9.1. The General Sales Conditions are ruled by the Italian law and, in particular, by the provisions of the law decree dated 6th September 2005 no. 206, the “Consumer Code”, with reference to the provisions relevant to distant contracts and the law decree dated 9th April 2003 no. 70 relevant to same aspects of electronic commerce.
9.2. In the event of dispute between the Seller and the Consumer arising from the General Sales Conditions, the Consumer can enter the platform for the resolution of an online dispute provided by the European Commission from the link https://webgate.ec.europa.eu/odr.
10. Changes and updates
10.1. These General Sales Conditions can also be modified in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website. Therefore, the Consumers should visit the Website regularly and check the latest version of the General Sales Conditions before purchasing any product.
10.2. The General Sales Conditions applicable to every agreement concluded by means of the Website are those that are valid on the day when the purchase form is sent.
11. Customer care
11.1. The Consumer can get any information by contacting our assistance service, please write to Customer Care.
11.2. The Seller can be contacted by e-mail to the following address: email@example.com.
12. Pre-order Conditions
A pre-order is the reservation of a product that is not yet available but is set to be released on the site shortly. For each pre-order product, the estimated shipping date will be indicated in the related product description.
Mixed orders that include available products and pre-order items shall be made up of multiple shipments at various times, for the cost of a single shipment.
Orders containing multiple pre-order products, if these items are not all available at the same time, shall be made up of multiple shipments at various times, for the cost of a single shipment.
How to pre-order an item
A product available for pre-order can be seen on its relevant page, displaying the “pre-order” button. When you click on “pre-order,” the product is added to your cart. Once the reservation process is complete, the pre-order will be confirmed via e-mail.
You can cancel the pre-order, prior to receiving the shipping confirmation e-mail, by contacting Customer Service.
Pre-order purchases can only be made with a credit card. Therefore, you will have to enter your credit card information in order to complete the pre-order.
The price of the purchased products and the related shipping costs indicated at the time of the pre-order will be charged to the credit card after the purchase completion.
2. only use personal data for purposes other than those for which it was specifically provided with the prior specific and express of the User;
3. only make the personal data available to third-party companies for purposes that are essential for providing the requested service; do not communicate, sell or transfer personal data to third parties for their own processing without informing Users in advance and obtaining their consent;
4. respond to requests for the deletion, amendment and integration of the personal data provided and the opposition to the processing of personal data for the purposes of sending commercial and advertising information;
5. ensure the proper and legal management of personal data, safeguarding the privacy of Website Users, as well as apply suitable security measures to protect the confidentiality, integrity, availability and resilience of the personal data provided.
Personal data refers to “any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” and images (Article 4, No. 1 of the GDPR).
1. Data Processors and Data Protection Officer for the Processing Of Users’ Personal Data
Sergio Rossi S.p.A. (Tax no. 05820951001 and VAT No. 03132190400) with registered office in San Mauro Pascoli (FC), at Via Stradone, 600/602 (47030) tel.: +39 0541 – 813111; email: firstname.lastname@example.org as Data Controller for Users’ personal data, shall process for the purposes referred to in paragraphs 3.1. “Registering on the Website and creating a personal account”, 3.3. "Sergio Rossi Marketing Activity” and 3.4. "Sergio Rossi profiling activities” that follow (hereinafter also referred to simply as "Sergio Rossi”).
Sergio Rossi has designated a Data Protection Officer (DPO) who may be contacted directly at the following email address: email@example.com.
Sergio Rossi, for some purposes as more fully explained in paragraph 3.2. "Establishment, execution and management of the business relationship” will be partnered by Diana E-commerce Corporation Srl (Tax code and VAT No. 05097740285) with registered offices in Torreglia (PD), at Via San Daniele, 137/139, 35038, email: firstname.lastname@example.org and will act as co-owner for processing (hereinafter also individually, "Diana E-commerce“ and jointly, Sergio Rossi and Diana E-commerce, the “Co-owners").
Diana E-commerce has appointed a Data Protection Officer - (DPO) that the Data Subject may contact by writing to the following address: email@example.com.
The Co-owners, with regard to the processing of Users’ personal data shall process these for the purposes referred to in paragraph 3.2. "Establishment, execution and management of the business relationship", acting as Co-owner, pursuant to article 26 of the GDPR state that they have entered into a co-ownership agreement, whose essential content is available to users at the premises of the co-owners, which will write in the best mode to indicate in paragraph 11 "Contacts for exercising the rights of the data subject and other information" below.
2. Categories Of personal data processed
2.1. Personal data voluntarily provided by the User
Sergio Rossi will process the following personal information provided by the User directly for the purposes of:
- - ensuring the registration on the Website and creating a personal account: first name and surname, telephone numbers, email addresses and passwords.
- - finalising an order for the purchase of a product sold on the Sergio Rossi Website: first name and surname, telephone number, address, tax ID code, VAT number, credit card, bank account details and date of birth.
The personal data of Users referred to in paragraph 2.1.2 will also be processed by Diana E-commerce, as co-owner.
2.2. Personal data collected by Sergio Rossi S.p.A. via company IT systems and applications
Both for registration on the Website and for finalising a purchase through the Sergio Rossi product Website, Sergio Rossi will process the following personal data, collected through information technology tools and company application services used by the company:
- - browsing data and log files and log data for the network traffic generated by Sergio Rossi IT systems (for example: registering and managing your personal account, managing your wish list; and your purchase and access history;
- - sales data for Sergio Rossi products: purchase method, as well as the type, quantity and price of the Sergio Rossi products purchased.
The personal data of users referred to in paragraph 2.2.1. limited to the navigation data and paragraph 2.2.2 will also be processed by Diana E-commerce, as co-owner.
2.3. Personal data of third parties
The User acknowledges that the indication of any personal and contact data of any party other than the User within the framework of the commercial relationship for the purchase of Sergio Rossi products (for example, if the User has purchased a product that is to be delivered to another person, or when the person that pays for the purchase of a product is not the person for whom the product is destined, or when the User intends to inform a friend of a service provided on the Website) represents an instance of personal data processing for which the User acts as the data controller of the personal data of the aforementioned subjects. Therefore, when providing said data to Sergio Rossi, the User must ensure that: i) any personal data submitted by the User to Sergio Rossi have been processed by the User in compliance with the measures in force regarding data protection and ii) that the aforementioned third parties have been duly informed by the User in advance regarding how said data are processed and for what purposes, and that they have provided the User with due authorisation.
The personal data of Users referred to in paragraph 2.3 will also be processed by Diana E-commerce, as co-owner.
3. Purposes Of Personal Data Processing And Legal Basis
The User's personal data will be processed, with the User’s prior and express consent where necessary, for the purposes and on the legal basis which are explained in more detail below.
3.1. Registering On The Website And Creating A Personal Account
The personal data referred to in paragraph 2.1.1 will be processed by Sergio Rossi for registration on the Website and the creation and management of the User's personal account.
|The legal basis for the processing of personal data for the purposes referred to above in paragraph 3.1 is the commercial relationship to which the User is party.|
3.2. Establishment, Execution And Management Of The Commercial Relationship
The personal data referred to in paragraphs 2.1.2, 2.2 and 2.3 above will be processed by the Co-owners to:
- - fulfil the legal obligations that apply to the co-owners in accordance with civil, fiscal and accounting regulations;
- - for the establishment, execution and management of the commercial relationship and/or to provide the services connected with said commercial relationship. And specifically, for: administrative and accounting purposes; issuing invoices and credit notes; customer data management; fulfilling and sending purchase orders; post-sales support: management of returns and any complaints, also via the “Contact us” form on the Website.
|The legal basis for the processing of personal data for the purposes referred to above in paragraph 3.2 is the commercial relationship to which the User is party.|
3.3. Sergio Rossi Marketing Activities
The personal data of the User as set forth in paragraphs 2.1 and 2.2 above will be processed by Sergio Rossi - using automated tools (email, fax, sms, instant messaging and mms) or traditional means (telephone calls with an operator employed by Sergio Rossi, traditional mail) – for promotional activities, such as:
- - sending newsletters, brochures, catalogues and presentations;
- - sending commercial and/or promotional communications, information and updates on Sergio Rossi products and services;
- - invitations to special events (promotional sales, fashion shows);
- - market research.
|The legal basis for the processing of personal data for the purposes referred to above in paragraph 3.3 is the User's explicit prior consent.|
3.4. Sergio Rossi Profiling Activities
The personal data of Users indicated in paragraphs 2.1 and 2.2 above will be processed by automated profiling. In this instance, Sergio Rossi will only analyse the sales data of Sergio Rossi products, i.e. the purchase method, type, quantity and price of the Sergio Rossi products the User purchased and/or viewed to:
- - develop and/or create profiles based on the User’s preferences and purchases;
- - personalise the User’s experience with Sergio Rossi in line with their interests and purchase habits.
However, it is not deemed that partly-automated profiling will produce legal ramifications for the User or have a significant effect on the User in a similar manner.
|The legal basis for the processing of personal data for the purposes referred to above in paragraph 3.4 is the explicit prior consent of the User.|
4. Mandatory or optional provision of the user’s personal data - consequences of refusal
4.1. The provision of the User's personal data for the purposes referred to in paragraph 3.1 and 3.2 is optional. However, failure to provide said data will make it impossible for them to register on the Website, to create a personal account, or to establish and/or continue a commercial relationship and/or for the services connected to this relationship to be provided.
4.2. The provision of the User’s personal data for the purposes referred to in paragraphs 3.3 and 3.4 is optional and failure to provide said data will have no effect on their ability to register on the Website and/or create a personal account and/or purchase products and/or receive the services requested. However, we will not be able to inform Users about promotions and commercial initiatives or send invitations to events or assess their interests and preferences.
We would also like to specify that if Users have given their consent to authorize Sergio Rossi to carry out activities for the marketing and profiling purposes referred to in paragraphs 3.3 and 3.4 above, they are nonetheless still able to withdraw consent at any time and/or oppose the processing of their data for the aforementioned purposes, also with regard Users’ contact details (for example, if Users wish to have their data processed via traditional contact details, they can oppose processing of their contact details through automated means). This can be done on your personal page on the Website or by sending a clear written notification – without any formalities – to this effect to the addresses listed in paragraph 11 “Contacts for exercising the rights of the data subject and other information” which can be found below.
5. Methods used to process personal data
Your personal data will be processed via manual, IT and electronic tools, as well as paper means.
In particular, the User’s personal data will be processed by Sergio Rossi Customer Relationship Management (“Sergio Rossi CRM”). The inclusion of the User's personal data in Sergio Rossi’s CRM for the purposes set out in paragraphs 3.3. and 3.4. (marketing and profiling) is optional and occurs only in the event of release of the User's consent while for the purposes referred to in points 3.1. and 3.2. (registration and account creation and purchase of a Sergio Rossi product) above, the inclusion of personal data in Sergio Rossi’s CRM is necessary in order to allow Sergio Rossi to properly management and execute the Website registration and sales relationship to which the User is party. Once added to Sergio Rossi’s CRM, your personal data may be read, amended and updated by employees of the Sergio Rossi S.p.A. offices and the employees of Sergio Rossi Stores in Italy and abroad, who have been specifically appointed as data processors.
6. Recipients Of Personal Data
6.1. Your personal data may be disclosed by Sergio Rossi to:
(i) persons appointed by Sergio Rossi to process data, who have been given specific written instructions:
- - employees in the marketing and event organisation office;
- - employees in the omni-channel office;
- - employees in the public relations department;
- - employees in the retail and wholesale department;
- - employees in the IT office;
- - employees in the purchasing department;
- - employees in the administration and finance department;
- - employees in the quality control office;
- - employees in the shipping office;
(ii) parties that provide services for Sergio Rossi S.p.A. appointed in writing as data processors by the latter:
- - event service companies and public relations agencies;
- - banks used by Sergio Rossi to carry out and verify payments;
- - IT service providers, related to the management of the website including the cloud service and e-commerce service;
- - entities that provide delivery and labelling services, also for invitations;
- - entities responsible for customer support;
- - Sergio Rossi subsidiaries and associated companies: Sergio Rossi USA Inc., Sergio Rossi Hong Kong Ltd, Sergio Rossi Shanghai Ltd, Sergio Rossi Japan Ltd, Sergio Rossi Retail S.r.l., Sergio Rossi UK Ltd; Sergio Rossi Deutschland GmbH;
(iii) parties that provide services for Sergio Rossi S.p.A. as independent data controllers:
- - legal, fiscal and accounting consultants;
- - external auditing firm: PricewaterhouseCoopers;
- - judicial and/or public authorities in cases of express request or in the event of fiscal and financial audits.
For a complete and updated list of the entities to whom your data is disclosed, you can write to Sergio Rossi S.p.A. at the addresses given in article 11 below “Contacts for exercising the rights of the data subject and other information”.
6.2. To achieve the purposes for which personal data are collected, Diana E-commerce may use the following categories of party to whom the data may be disclosed or who can learn about them as data processors:
- - providers of IT services, such as direct marketing, internet services and cloud computing;
- - persons performing logistics, warehouse, promotion, supply, sale and delivery of Diana E-commerce products and services;
- - entities responsible for customer support;
- - studios and other entities that provide assistance, consultancy and entertainment services, such as legal, tax, accounting, financial and economic, technical and organizational, data processing, communication;
- - entities that provide banking, financial, insurance and credit recovery;
- - persons providing fraud control activities on payments;
- - subsidiary companies, parent companies and associated companies;
- - supervisory and monitoring organisations;
- - other companies as part of a merger, acquisition or sale of the company or a branch thereof.
The updated list of the personal data processing personnel is available from Diana E-commerce, to which the User may send a specific request via the procedures indicated in article 11 below "Contacts for exercising the rights of the data subject and other information".
7. Duration Of Personal Data Storage
7.1. For the purposes set out in paragraph 3.1. (registration on the Website), the User's personal data will be stored by Sergio Rossi until the account has been closed by the User. In any case, it is understood that if your account is not operational for 10 years after the last use (e.g. last accessed) of the account by the User, Sergio Rossi will delete personal data relating to the registration and management of the account.
7.2. For the purposes set out in paragraph 3.2. (establishment, execution and management of the business relationship), the User's personal data will be processed by the Co-owners for the duration of the business relationship and for a period of 10 years following the termination of the business relationship, except in cases in which additional storage is justified by additional requirements of law, litigation and/or requests made by the competent authorities.
7.3. For the purposes set out in paragraph 3.3. (marketing), personal data will be stored by Sergio Rossi for 5 years after obtaining consent and the corresponding recording in the CRM of Sergio Rossi, or until the revocation of consent.
7.4. For the purposes set out in paragraph 3.4. (profiling), personal data will be stored by Sergio Rossi for 5 years after obtaining consent and the corresponding message to the CRM Sergio Rossi, or at least until the withdrawal of consent.
The Site and its services are not intended for minors and therefore Sergio Rossi and Diana E-commerce do not knowingly process personal data of persons under 18 years of age.
9. Transfer of personal data outside of the EU
The personal data of Users may be transferred, for the purposes for which they are collected, to the UK and USA, which are outside the European Union.
In the event that for the purposes described above, personal data of Users should be transferred to countries outside the EU, Sergio Rossi and Diana E-commerce, each for its own purposes, inform that the transfer of data outside the EU will always be in accordance with the provisions of applicable privacy legislation, which is based on an adequacy decision of the European Commission in relation to the non-EU country to which the personal data of Users will be transferred or, failing that, by obtaining consent, when necessary, or by the adoption of any other measures necessary to ensure the security of personal data that is transferred (these measures include, for example, contractual agreements based on standard contractual clauses as identified by the European Commission) or otherwise to subscribers to the Privacy Shield list, a self-certification mechanism for companies established in the US who wish to receive personal data from the European Union in accordance with EU Implementing Decision 2016/1250 adopted by the European Commission on July 12, 2016.
10. Exercising the rights of the data subject
In accordance with Articles 13, paragraph 2, letters b), c) and d), 15-22 of GDPR, Sergio Rossi and Diana E-commerce – the latter limited to the purposes set forth in paragraph 3.2 "Establishment, execution and management of the business relationship” –- inform that Users:
- have the right to request access to their personal data, together with information on the purposes for which they are being processed, the category of personal data processed, the subjects or categories of subjects to which they have been or will be communicated (with an indication of whether these are subjects located in third-party countries or are international organisations) and – when possible – indications on the storage period of personal data or the criteria used to determine this period, the existence of their rights to rectify and/or delete the personal data, to limit the processing thereof and to object to the processing thereof, and their right to lodge a complaint with a supervisory body, as well as indications on the origin of the data and the existence and reasoning applied in the instance of automated decision-making processes. If they exercise this right, and unless otherwise indicated by the User, they will receive an electronic copy of their personal data that is subject to processing.
- Users are also entitled to obtain:
- - the rectification of their personal data if inaccurate or incomplete;
- - the deletion of their personal data, if one of the conditions pursuant to article 17 of the GDPR exists (for example: if personal data are no longer required for the purposes for which they were collected, if they decide to withdraw their consent for processing – where this is the legal basis therefor – and where there are no other legal grounds for the processing, the User objects to the processing and there is no other legitimate prevailing interest of the Data Controller, or the User’s data has been processed illegally);
- - the restriction of the processing of the User’s personal data: 1) for the time required by Sergio Rossi to ascertain the accuracy of their personal data (in the instance that a User has disputed it), or 2) where the processing of their personal data is illegal or the User requests the restriction of processing instead of deletion, or 3) when Sergio Rossi no longer requires the User’s personal data, but said data are needed for the User to ascertain, exercise or defend a right in court, or, lastly, 4) for the time needed to assess the possible prevalence of the legitimate reasons of Sergio Rossi with over those of the User, if the User has opposed the processing of his/her personal data pursuant to point C below;
- - their personal data in a structured, commonly used and machine-readable format, also in order to transfer it to another data controller, if the processing is based on consent or on a contract and is carried out with automated methods (the right to data portability). If in their interests, Users may ask Sergio Rossi and/or Diana E-commerce to send their personal data directly to another data controller, if this is technically feasible.
- Users are also entitled to oppose the processing of their personal data if it is processed pursuant to article 6.1, letter e) (i.e. to carry out a public service the Data Controller is authorised to perform) or letter f) (i.e.to pursue a legitimate interest of the Data Controller) of the GDPR, unless compelling legitimate reasons of the Data Controller exist to proceed with the processing, pursuant to article 21 of the GDPR.
- Users are also entitled to withdraw their consent at any time without prejudice to the lawfulness of the processing of their personal data based on consent and carried out before said withdrawal.
- If they are not satisfied with the way their personal data is processed by Sergio Rossi, Users can lodge a complaint with the Italian Data Protection Authority, following the procedures and instructions published on the Authority’s official website (www.garanteprivacy.it).
- Any rectification or deletion of personal data or processing restrictions implemented at the request of the User – except where impossible or requiring disproportionate effort – will be communicated by Sergio Rossi to each of the recipients to whom Users’ personal data may have been disclosed in accordance with this information.
Exercising the above rights is without any form of restriction and free of charge. Sergio Rossi may ask that Users verify their identity before carrying out further actions subsequent to their request.
11. Contacts for exercising the rights of the data subject and other information
- - a written communication to Sergio Rossi S.p.A. (Tax no. 05820951001 and VAT no. 03132190400), based in Via Stradone, no. 600/602, San Mauro Pascoli (Forli-Cesena), Italy, or a send an email to: firstname.lastname@example.org or
- - a written communication to Diana E-commerce Corporation Srl, Via San Daniele 137/139 Torreglia (PD), 35038, or email to: email@example.com, limited to the purposes set out in paragraph 3.2. “Establishment, execution and management of the commercial relationship”.
13. Social Sharing Buttons
The Website may also contain social sharing buttons. Specifically, these are “buttons” that carry social network icons, such as Facebook, Twitter, Instagram, Pinterest and Google+. These allow Users to reach and interact with social networks just by clicking on the icon. For example, the User can share content or recommend products from the Website on the social networks by using these tools.
With the exception of cases where the User freely shares their browsing data with the selected social networks by clicking on the social buttons/widgets, the Data Controller does not share or disseminate any of the User’s personal data with the social network.
14. Security Measures
However, Sergio Rossi cannot guarantee its Users that the measures adopted for the security of the Website and the transmission of personal data and information on the Website limit or exclude all risks of unauthorised access or leaks of personal data from the User’s devices.
It is always advisable that the User’s computer has suitable software to protect against the transmission of their personal data on the internet, both incoming and outgoing, and that their internet service provider has adopted suitable security measures for sending personal data across the internet.
15. Links to Other Websites
This Website contains links to other websites that may have no connection to Sergio Rossi.
The Data Controller does not control or monitor such third-party websites or their content. The Data Controller shall not be held liable for the content of such sites and for the rules adopted by them in respect to the User’s privacy and the processing of their personal data when visiting those websites.
16. Governing law
18. Specific Information Related to the Processing of Personal Data Contained in User Generated Content
The processing of any personal data contained in the Authorised Contributions is carried out solely with the User's specific consent and will be based on the principles of fairness, lawfulness and transparency. Pursuant to Article 13 of the Privacy Act and Article 13 of the GDPR, we would thus like to provide the following additional information: personal data will be processed according to the limits and methods provided by the Privacy Act and the GDPR: i) for the promotional, commercial and advertising purposes of Sergio Rossi S.p.a. and its products, ii) via publication on the Website, as well as via Sergio Rossi S.p.a. accounts on social channels, such as Facebook and/or Instagram, as well as via the posting of contributions on promo-advertising material concerning Sergio Rossi and its products; iii) for the time strictly necessary to pursue the aforementioned purposes and, in any case, no longer than two (2) years; iv) in paper and/or digital format.
The provision of personal data is optional, however if the User does not give consent to Authorised Contributions containing personal data they will not be published by Sergio Rossi. In the event that the User has expressed consent, this can always be withdrawn.