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Legal Area

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 s.r.l., a single man company subject to management and coordination of The White Dog S.r.l. with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD-366293, Tax code and VAT number 04152630283, fully paid capital stock 161,000.00 Euros (hereinafter the “Manager”), which is also the subject that sells products through the Website under the authorization by Sergio Rossi S.p.a..

The Website is managed and maintained by Diana s.r.l., a single man company subject to management and coordination of The White Dog S.r.l. with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD-366293, Tax code and VAT number 04152630283, fully paid capital stock 161,000.00 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

 

1.        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.

 

Privacy Policy

 

As concerns the processing of personal data, see the section “Privacy Policy,” which is always applied when the Website is used.

 

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 code;
  • 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

 

1.       The Website contains hypertextual links (i.e. "links") to other websites that have no connection with the Website itself. The Manager does not control or monitor these websites and their contents. The Manager is not liable for the contents of these websites and the rules they adopt relevant to the processing of the user’s personal details during the navigation, Therefore, the user should carefully read the use conditions and the privacy rules of these websites. These General Use Conditions, the General Sales Conditions and the Website’s Privacy Policy do not apply to the websites managed by other subjects. The Website provides links to other websites to facilitate its users in searching and navigating and for making the hypertextual connection in the Internet to other websites easier. Enabling the links does not imply that the Manager has recommended or suggested access and navigation to these websites; moreover, the manager is not responsible for their contents, services or goods they provide and sell to Internet users.

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 customercare@sergiorossi.com, 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.       3For any problem detected in the use of the Website contact the Customer Care or the following e-mail address: customercare@sergiorossi.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 s.r.l., a single man company subject to management and coordination of The White Dog S.r.l. with registered office in Torreglia (PD), Via San Daniele 137/139, 35038, Economic and Administrative Index no. PD-366293, Tax code and VAT number 04152630283, fully paid capital stock 161,000.00 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.       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).

2.12.       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. Payments

 

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.

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

  1. mail: Diana S.r.l.Via San Daniele n. 137/139, 35038, Torreglia (PD), or
  2. e-mail: customercare@sergiorossi.com.

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.

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 checks are positive, the Seller will send the Consumer, by e-mail, the confirmation that the returned Products are accepted and will reimburse all the amounts received by the Consumer including the shipment expenses. The Seller will not reimburse the extra shipment costs if the Consumer has chosen a delivery different from the less expensive delivery method that is offered by the Seller.

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. Privacy

 

8.1.       The Consumer might get information relevant to the processing of personal data entering the Privacy Policy.

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.

8.3.       For further information about the Privacy Policy, please write directly to customercare@sergiorossi.com.

 

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: customercare@sergiorossi.com.

 

 

 

Privacy Policy

 

Pursuant to art. 13 of Law Decree no. 196 dated 30.6.2003 (hereinafter the “Privacy Code”), we wish to inform users that the processing of the personal details, both of website users and/or visitors (hereinafter the “User” or “Users”) who consult and/or visit and/or log in to the website “sergiorossi.com” (hereinafter “Website”) and/or use its relevant services – independently from the purchase of the products – is performed in accordance with the regulations relevant to the protection of personal details and confidentiality, to which our business is inspired, for the scopes and methods that are given in this Privacy Policy.

 

The principles of this Website’s Privacy Policy are based on the following:

1.    To process the personal data for the purposes and according to the methods given in the information note that is provided when data is collected;

2.    To only use the personal data for purposes different than those it is collected for if the User has expressed consent;

3.    To make personal data available for third parties only for supplying the required service and if a responsible person is in charge of its processing; not to communicate the personal data or transfer it to third parties for its own processing procedures without the Users being previously informed or without their consent;

4.    To meet the requests of cancellation, modification, integration of the supplied personal data, the refusal of its processing for sending commercial information and advertising materials;

5.    To ensure a fair and lawful data management by protecting the privacy of website users as well as to apply the measures suitable for protecting confidentiality, integrity and availability of the collected data.

 

We would like to inform the reader that the Privacy Policy is only relevant to this Website and not to other websites that the User might consult by clicking other links.

 

This Privacy Policy can be consulted from the home page of the Website and by a link from any page of the website itself where personal details are collected. For providing services upon the User’s request, specific information notes will be given and, if needed, specific authorizations for the use of the personal details will be requested.

 

1. Type of processed data

Navigation data

The IT systems and the software procedures of the Website acquire some personal data during their normal operation because the transmission of data is implicit in the use of Internet communication protocols.

This information is not collected to be associated to a specific person but it might be processed and associated to data held by third parties in order to identify a User. This data category includes IP addresses or the domain names of the Users’ computer connecting to the Website, the URI (Uniform Resource Identifier) of the required requests, the times of each request, the method that is used to send the request to the server, the dimension of the reply file, the numeric code indicating the status of the server answer (i.e. successful, error, etc.) and other parameters relevant to the operating system and the User’s IT environment.

This data is utilized only for getting anonymous statistic information relevant to the use of the Website and to make sure that the Website works properly. In any case, the navigation data can be used to check for responsibilities in the event of IT crimes.

 

Personal data provided by the User

Explicitly and voluntarily sending an e-mail to the Website addresses implies that the receiver will acquire the data in order to answer the request.

In a few sections of the Website, the User is asked to give his/her personal details. In these cases, the User will be provided with the informative note pursuant to art. 13 of the Law Decree 96/2003 relevant to the processing of personal data for single purposes and, if needed, specific authorizations will be requested.

 

2. Purposes of the processing

The User’s personal data is collected and processed by Sergio Rossi for purposes strictly linked to the use of the Website and its services. In particular, the Data is processed for providing the services available from the Website such as the following:

  • Technical management of the Website;
  • registration to the Website and the use of its services;
  • registration to specific services, such as the creation of a personal Wish List;
  • execution of orders and other activities;
  • management of the User’s requests both technical or commercial relevant to the status of his/her orders and inquiries;
  • contacts with the customer care department;
  • for marketing purposes (reception of newsletters, news and promotions)
  • for proliferation purposes, i.e. for processing and/or creating profiles based on the User’s preferences and purchases in order to send information focused on his/her needs and interests.

Any other processing purpose different from that for which personal details are provided will be explained in the information note and will be achieved by Sergio Rossi only after getting the User’s consent.

 

3. Collection of the Users’ personal data

Except for the information given above relevant to the navigation data, the User can provide his/her personal details when he/she sends an e-mail to the addresses given in the Website and when he/she requests other services.

The provision of the User’s personal data through the Website of Sergio Rossi might be necessary to achieve the purposes given in the information note but the personal data provision can also be free and optional. It is specified from time to time if it is compulsory to provide the personal data – with reference to the information required – when the data is collected. The refusal to communicate compulsory data makes it impossible to complete the purchase or the use of accessory services, such as, for example, the reception of newsletters and the use of the contact form.

The provision of other personal data that is not marked as compulsory is optional and does not cause any consequence.

 

4. Personal Data Collector

The Personal Data Collector is Sergio Rossi S.p.a. (hereinafter only “Sergio Rossi” and/or the “Collector”), with offices at Via Stradone 600/602 47030 San Mauro Pascoli (FC), Italia.

 

5. Subjects responsible for and in charge of personal data processing

Pursuant to art. 29 of the Privacy Code, Sergio Rossi, being responsible of the data processing, charged Diana Srl, with offices in Torreglia (PD) Via San Daniele n. 137/139, 35038, with the management of the IT services relevant to this website and e-commerce as well as for dealing with requests relevant to the rights of the concerned person (hereinafter “Diana” and/or the “Responsible Party”).

In order to achieve the purposes that the personal data is collected for, the Collector can appoint other responsible parties for processing the personal data such as IT service providers, i.e. direct marketing, internet service and cloud computing, subjects that are in charge of the warehouse logistics, as well as promotion, sale and delivery of the products and services of the Collector, customer care, companies and other subjects that provide customers with legal, fiscal, accountancy, financial, technical-organization, data processing and communication services. Subjects that provide bank services, i.e. financial, insurance and credit recovery services, controlled companies, subsidiaries, public authorities and supervising bodies.

In order to get the complete list of subjects responsible for personal data processing, the User can contact Diana as they are responsible for dealing with the rights of the concerned person in accordance with the methods given in the following section 16 “Contacts”.

AAt the same time, Sergio Rossi and the parties responsible for processing the data, appoint other parties for processing the data, such as the staff in charge of the execution of orders, the administrative staff, the customer care offices, the marketing department (if consent has been given) and other persons in charge of the supply of the services of the Website and the technical and commercial personnel.

No personal details collected from the Website are diffused.

 

6. Method to process the data and its maintenance

The User’s personal data is processed mainly by means of electronic systems and sometimes in hardcopies.

The User’s data will be kept with a method that allows the identification for the time strictly necessary to achieve the purposes for which the personal data is collected and processed and, in any case, in accordance with law provisions. In order to guarantee that the User’s data is always correct, updated and complete, we recommend that the User updates the personal details from his/her account or contacts Customer care .

 

7. Transfer and communication of the data to third parties

The User’s personal data will be communicated to third parties and/or transfer abroad to countries out of the European Union (i.e. the USA) only after getting the user’s consent, except in the case in which the communication is compulsory or it is necessary for legal purposes that do not require the consent of the concerned person. In any case, the data communication will be carried out in accordance with the regulations in force.

 

8. User’s rights

Pursuant to art. 7, law decree 196/2003, the User is entitled to obtain a confirmation from Diana that his/her personal details are being processed and, if they are not filed yet, he/she can receive them in a clear form.

Furthermore, the User is entitled to get information from Diana about the origin of his/her personal data, the purposes and methods of processing it, the logic applied if processing is carried out by electronic instruments; the names of the collectors and persons responsible for processing, the subjects, or the category of subjects, to whom the personal data can be communicated or disclosed as they are those responsible for data processing.

The User is also entitled to get from Diana:

1.        the update, correction and integration of his/her data;

2.        the cancellation, transformation in anonymous form of data or blocking the use of his/her personal details if they are processed in breach of the law, including data that doesn’t need to be maintained for the purposes it was collected or processed for;

3.        the confirmation that the operations given in the previous items 1) and 2) are disclosed to those who have received the Data, except in the case in which that confirmation is impossible to achieve or would lead to the use of means that are clearly out of proportion in view of the right that is being protected.

Finally, the User is entitled to refuse partially or totally:

1.        for legitimate reasons, his/her personal details from being processed even if they are relevant to the scope of the collection;

2.        the process of his/her personal details to send advertising materials or direct marketing or for completing market surveys or receiving commercial information.

In order to exercise the above-mentioned rights, the User will apply directly to Diana, as the company is the subject responsible for dealing with the user’s rights, to the following addresses:

  1. by post to Diana Srl, Via San Daniele, n. 137/139, 35038, Torreglia (PD);
  2. by e-mail to info@dianacorp.com;
  3. by fax 049 810970.

 

9. Exclusion of the consent

Due to the provisions of the Privacy Code, Sergio Rossi can deal with the User’s personal details without asking for the user’s consent if it is required by law or if it is necessary to fulfill the contractual obligations to the User.

 

10. Personal details of third parties

If Sergio Rossi processed the data of third parties communicated directly by a User of theirs (i.e. the User has purchased a product to deliver to a different person or when the person who pays for the product is not the recipient of the product or when the User suggests the Website to a friend of his), the User must make sure that he has informed the third party about the processing of his/her personal details in accordance with art. 13, law decree 196/2003 and has obtained the authorization of the person before communicating his/her personal details. The User will be the only responsible person for the communication of information and data relevant to third parties without having expressed their consent or for their incorrect or illegal use..

The consent is not necessary only when the personal details are given to Diana to conclude a contract in favor of a third party.

 

11. Cookies

The Collector uses cookies to make navigation of his Website safer and more efficient. For further information about cookies and their use, please see this page, which is integral part of this information note.

 

12. Social sharing buttons

The Website might be equipped with Social sharing buttons. These “keys” represent the social network icons such as Facebook, Twitter, Instagram, Pinterest and Google+ and they allow the User to interact with the relevant networks by simply clicking on the icon. By entering the social networks, the user can share content or recommend the Website products.

After clicking the Social sharing buttons, the social network might collect the data relevant to the User’s visit to the Website. As given in the introduction, this privacy information note does not consider the processing of the User’s personal data performed by social networks; if the User wants to have further information, he/she should refer to the privacy information note provided by the social networks.

Outside of cases where the User voluntarily shares his/her navigation data with the social networks choses by clicking on the social button/widgets, the Collector will not share or diffuse any detail of the User with the social network.

 

13. Security measures

Sergio Rossi and the other parties in charge with data processing, including Diana, adopt suitable security measures to minimize the risk of destruction or loss – even accidental – of personal data, unauthorized access or processing that doesn’t comply with the collection purposes given in the Privacy Policy.

However, Sergio Rossi cannot guarantee their users that the measures adopted for the security of the Website and the transmission of personal data and information to the Website eliminate or exclude any risks of unauthorized access or deletion of personal data from devices belonging to the User.

Therefore, it is always recommended that the User’s PC is equipped with suitable software for the protection of personal data transmission to the network and that the Internet provider has adopted suitable measures for ensuring the secure transmission of data to the network.

 

14. Links to other websites

The website contains links to other websites that may have no connection with Sergio Rossi.

The Collector and the Responsible Party don’t control or monitor those websites and their contents. The Collector and the Responsible Party are not responsible for the contents of those websites and the rules they adopt even regarding privacy and processing of the User’s data during the navigation. This Privacy Policy does not apply to third party websites. The Website provides links to other websites only to facilitate the search and navigation of the User and to facilitate Internet hypertextual connection to other websites. Enabling links doesn’t imply that the access and the navigation to these websites is recommended and it does not provide any guarantee relevant to their contents, services or goods supplied and sold to Internet users.

 

15. Use of the Website by Minors

This Website is to be used by people older than 18 years old. Therefore, requests from people under 18 will not be considered.

 

16. Contacts

For further information about personal data processing, we recommend visiting the Personal Data Protection Authority’s website at http://www.garanteprivacy.it.

For further information relevant to personal data processing by Sergio Rossi and Diana and/or for exercising the rights given in art. 7 of the Privacy Code, the User can write to Diana, being the subject responsible for dealing with the concerned person, to the following addresses:

  1. by post to Diana srl, Via San Daniele n. 137/139, 35038, Torreglia (PD);
  2. by e-mail to info@dianacorp.com;
  3. by fax 049 810970.

 

17. Applicable law

This Privacy Policy is ruled by Italian law and in particular by the Privacy Code, by the provisions, authorizations and guidelines adopted by the Privacy Authority that rule personal data processing.

The Privacy Code guarantees that personal data processing is carried out in accordance with the rights and the fundamental liberty as well as the dignity of the concerned person, in particular regarding confidentiality, personal identity and the right to the protection of personal data.

 

18. Modifications and updates of the Privacy Policy

The Collector is entitled to modify or update, partially or totally, the website’s Privacy Policy because of the changes of law provisions or regulations that rule the matter. The users will be informed about modifications and updates of the Privacy Policy as soon as they are adopted and they will be binding as soon as they are published in the Website. Therefore, we recommend users to enter this section regularly to check for the publication of the latest Privacy Policy.

 

19. Specific information relevant to the processing of personal data contained in the User Generated Content.

It is possible that the User Generated Content (hereinafter the “UGC” or “Authorized Contributions”, contains the personal data of the User or third parties (such as the images or portraits of persons). Therefore, subject to the provisions of this Privacy Policy, it also states the following:

The processing of data contained in the Authorized Contributions is carried out only after getting the specific authorization of the user and it is based on the principles of fairness, legality and transparency. Pursuant to article 13 of the Privacy code, we provide you with the following additional information: personal data will be processed according to the limits and methods given in the Privacy Code: i) for promotional, commercial and advertising purposes of Sergio Rossi S.p.a. and its products; ii) for publishing on the Website and other Sergio Rossi S.p.a. accounts on social channels such as Facebook and/or Instagram as well as for using the Contributions in promotional and advertising materials relevant to Sergio Rossi and its products iii) for the time which is strictly necessary to carry out these purposes; iv) on hardcopies and/or IT systems.

The provision of personal data is optional and, in the absence of the User’s consent, the Authorized Contributions containing personal data will not be published by Sergio Rossi.