GENERAL CONDITIONS OF USE

The Website www.viktor-rolf.com and its services and content (hereinafter the "Website") are made available to users and/or customers (hereinafter the "Users" or the "User") for the promotion and the sale of Viktor&Rolf products and the supply of related services, such as, for example, the newsletter and contact form (hereinafter the "Purposes").

The Website is managed by VIKTOR & ROLF B.V., a company incorporated and existing under the laws of the Netherlands, having its registered office at Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands) (hereinafter the "Manager”).

The access, consultation, registration and any use of the Website and its content and services, as well as the purchase of the products offered therein (hereinafter the "Use" or "To use"), are activities governed by these general conditions of use (hereinafter "General Conditions of Use").

The use of the Website involves the knowledge of these General Conditions of Use and implies their unconditional and full acceptance.

Therefore, we would like you to carefully read the General Conditions of Use, as well as the Privacy Policy and the General Conditions of Sale, before using the Website.

 

1. USE OF THE WEBSITE

1.1 The use of the Website is authorized exclusively for personal purposes strictly related to the Purposes and not attributable, even in part, to any professional, entrepreneurial, artisanal and/or commercial activity.

1.2 The use of the Website is allowed only to persons of legal age.

1.3 In using the Website, the User undertakes not to:

1. a) communicate information and/or data that are false, incorrect and/or relating to third parties, without them have given their consent and/or make an incorrect use of the same data;
2. b) upload, communicate and/or transmit materials, contents, links, files, and anything else that:
3. are obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or illegal;
4. are spam, pyramid or chain communications or any other form of advertising or commercial or promotional communication not authorized in writing by the Manager;

III. are technically dangerous or harmful, such as, for example, computer viruses, malware, codes, and other tools that can damage the computer systems of either the Manager or third parties;

1. c) interfere, interrupt, damage, violate and/or tamper with the Website and its normal functioning;
2. d) violate the rights of third parties, the General Conditions of Use and sale on the Website and/or any provision of the legal system in force, such as, by way of example, laws on copyright, as well as the EU Regulation 679/16 (GDPR) and the Law Decree of 30th June 2003, no. 196, concerning the protection of personal data.

1.4 The Manager keeps the right to interrupt, suspend and/or revoke the use of the Website, also by reason of discretionary evaluations and without any obligation to give reasons. The User acknowledges and accepts that the Manager will never be responsible for any interruptions, suspensions and/or revocations of the use of the Website.

 

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATABASES

2.1 Any rights to the content present or made available on the Website or related to it, such as, but not limited to, texts, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software, design, adopted technical solutions, structures created for the Website and databases (hereinafter the "Contents") are owned by the Manager or the relevant owners who have direct and/or indirect commercial relationships with the Manager and are protected by current national and international laws relevant to the protection of intellectual and/or industrial property rights and/or of databases.

2.2 With the exception of the temporary reproduction of Content for activities without economic significance and strictly related to the Purposes, it is forbidden to modify, reproduce, publish, transfer, disseminate and/or otherwise use, in any form and manner, any Content without the written consent of the Manager.

2.3 In any case, it is understood that the use of the Website by the Users does not give them any rights to the Content.

2.4 The User cannot perform operations that are in contrast with the normal management of the database of the Manager and of the relative owners who directly and/or indirectly entertain commercial relations with the Manager or that cause them an unjustified prejudice.

2.5 Within the limits of the provisions of the current national and international law that protects intellectual and industrial property rights and/or databases, it is forbidden to systematically extract and/or use any Website Contents, including through data mining, robots and other data acquisition and extraction systems, as well as creating and/or disseminating data collections that reproduce in whole or in part the Website Content and the services provided, without the written consent of the Manager.

 

3. TRADEMARKS AND DOMAIN NAMES

3.1 The trademarks, the domain name and all the other distinctive marks contained and/or related to the Website are under the exclusive license and/or ownership of the Manager or of the respective owners who have commercial relations directly and/or indirectly with the Manager.

3.2 It is forbidden to use these distinctive marks in any form and manner without having previously obtained the written consent of the Manager or their respective owners.

3.3 It is, in any case, forbidden to use the name of the Manager and of the subjects that have commercial relations directly and/or indirectly with the Manager, as well as of the distinctive marks they own, such as, for example, domain names and trademarks, through metadata (such as, for example, meta-tags and keyword-tags), without the written consent of either the Manager or their respective owners.

 

4. LINKS TO OTHER WEBSITES

4.1 The Website may present hyperlinks or "links" to other websites which may have no connections with the Website.

4.2 These links are exclusively indicated by the Manager to facilitate the Users’ navigation on the web and the connection to other websites.

4.3 The indication of a link does not imply any kind of suggestion, sponsorship and/or recommendation by the Manager for the use of linked websites, nor any type of guarantee regarding the related contents, services and/or goods offered and/or sold by them.

4.4 The Manager (except in cases where this is expressly indicated) does not control, in any way, websites connected by links, nor the information, materials and products contained therein, and, therefore, the User acknowledges that the Manager cannot be held responsible for the actions, services, products, contents and policies of those websites, as well as for their methods of processing personal data and their conditions of sale.

4.5 It is, therefore, suggested that the User carefully reads the conditions of use, the conditions of sale, the privacy policy, and any other legal notice on websites other than the Website.

 

5. LINKS TO THE WEBSITE

5.1 It is possible to activate hypertext links to the Website, subject to written authorization from the Manager. For this purpose, contact the Manager at the following e-mail address: store@viktor-rolf.com.

The Manager has, at any time, the right to oppose the activation of direct links to the Website, also in consideration of the previous adoption by the applicant of unfair or non-compliant commercial practices or practices of unfair or discrediting competition against the Manager.

5.2 It is forbidden to activate deep hypertext links (such as, but not limited to, deep links or deep frames) to the Website, without the written consent of the Manager.

 

6. USE OF THE PERSONAL ACCOUNT

6.1 The User undertakes to provide correct and complete data when registering a personal account and to promptly notify the Manager of any changes to the data provided.

6.2 The User who owns a personal account at the Website should keep the access credentials confidential and monitor the regular operations of the account, giving immediate communication of the use or attempt to use his/her account by unauthorized third parties.

6.3 The User agrees to be considered the one and only responsible for all actions taken through his/her account, as well as for any harmful consequences or prejudices that may arise against the Manager, or third parties, following the use of the personal account in violation of the General Conditions of Use, of the other legal notes contained on the Website and/or of the applicable regulations in force, as well as of the loss and theft of access credentials.

6.4 The Manager always has the right to suspend, modify or cancel the personal account of the User in case of violation of the General Conditions of Use, of the other legal notices contained on the Website, of the laws of the current legislation or also by reason of discretionary assessments of the Manager and without the obligation of any motivation. The User acknowledges and accepts that the Manager will not, under any circumstances, be held responsible for any suspensions, changes and/or cancellations of his/her personal account.

 

7. GUARANTEES AND RESPONSIBILITIES FOR THE WEBSITE USE

7.1 The Manager makes the Website available to the User in its current state without any kind of guarantee, express or implied, for the User.

7.2 The Manager does not guarantee the regular functioning of the Website and those related to it, even indirectly. Within the limits permitted by law the Manager will not be liable for any type of damage resulting from the use of the Website and the websites of third parties, even indirectly connected to it, such as, by way of example, damage to computer systems, damage from loss of data or commercial opportunity, damage from interruption of economic activity or deriving from any errors, delays, omissions, and inaccuracies of the Website.

7.3 The User acknowledges and accepts that the Manager cannot be held in breach of his obligations or responsible for any damage caused by the failure or incorrect operation of the hardware and software components of the User and/or third parties, telephone and/or telematic connections that are not managed directly by the Manager, as well as for the actions of other Users and/or third parties.

7.4 The User is the one and only responsible for the Use of the Website. Within the limits permitted by law, no responsibility can be attributed to the Manager for the Use of the Website that is contrary to the regulations of the legal system in force, to the legal notes contained on the Website and/or detrimental to the rights of third parties. Within the limits of the provisions of current applicable law, the User undertakes to indemnify and hold the Manager harmless from all charges and damages, including legal fees, which may be caused by his/her use of the Website in violation of the rules of the legal system in force, the legal notes contained on the Website and/or his/her use that is detrimental to the rights of third parties.

 

8. PRIVACY POLICY

8.1 In relation to the processing of Users' personal data, refer to the Privacy Policy.

8.2 For the use of specific services provided at the request of the User, specific information will be provided and, where necessary, specific consents will be requested for the processing of their personal data.

 

9. WARNINGS

9.1 The Manager has taken every precaution to prevent content from being published on the Website that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of Users, may be considered harmful to civil convictions, human rights, and dignity of people. In any case, the Manager does not guarantee that the content of the Website is appropriate or permissible worldwide. However, if the content is unlawful or illegal in a country, it is recommended not to access the Website and, if the User decides to access the Website despite this, the use of the provided services will be under the exclusive and personal responsibility of the User.

9.2 Without prejudice to the provisions of the legal notices of the Website and the rules of the legal system in force, the Manager reserves the right to modify - at any time and without obligation of communication - any information, content, and other elements of the Website.

9.3 The fact that the Manager and/or third parties who have commercial relations, even indirectly, with the Manager delay or fail to exercise their right on the basis of the General Conditions of Use, of other legal notices of the Website and of the current legal regulations, does not constitute a waiver to assert their right, in relation to performed actions or actions which will be performed in the future.

 

10. APPLICABLE LAW AND CONTROVERSIES

10.1 These General Conditions of Use are ruled by laws of the Netherlands.

10.2 In the event of disputes arising from the General Conditions of Use between the Manager and the User, the User can access the platform for online dispute resolution provided by the European Commission with the link https://webgate.ec.europa.eu/odr  

 

11. CHANGES IN THE USE CONDITIONS

11.1 The Manager may modify, in whole or in part, the General Conditions of Use, also in consideration of any regulatory changes and/or of their commercial policies. The changes to the General Conditions of Use will be communicated to Users on this page of the Website and will be binding as soon as they are published on the Website.

11.2 The User will be subject to the General Conditions of Use provisions from time to time in force at the time in which the User navigates on the Website.

 

12. CUSTOMER CARE

12.1 For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer can contact the Manager's customer service at any time by completing the Contact us form or writing to:

- by e-mail: store@viktor-rolf.com

- by mail: Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands).