Terms of service

This Website is a service of:

Celebre Srl - Via Nazionale 56/E - Torre del Greco (NA) - 80059

Owner's email address: info@celebrestore.com

Key information at a glance

• Please note that certain provisions of these Terms may apply only to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each relevant clause. If not mentioned, the clauses apply to all Users.

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TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section have general validity.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website the User declares to meet the following requirements:

• There are no restrictions on Users based on whether they are Consumers or Professional Users;

Registration

To use the Service the User may open an account by providing all required data and information completely and truthfully.
It is possible to use the Service without registering or creating an account. In that case, however, certain functions may not be available.

Users are responsible for keeping their access credentials secure and maintaining their confidentiality. To this end, Users must choose a password that corresponds to the highest security level available on this Website.

By creating an account the User agrees to be fully responsible for any activity carried out with their access credentials.
Users must promptly and unambiguously notify the Owner using the contact details provided in this document if they believe their personal information, such as their User account, access credentials or personal data, have been breached, unlawfully disclosed or stolen.

Account closure

The User is free to close their account and stop using the Service at any time by following this procedure:

• Contacting the Owner using the contact details in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

Suspension or deletion of the account does not entitle the User to any compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User does not exempt the User from payment of any fees or prices that may apply.

Content on this Website

Unless otherwise specified or clearly identifiable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes due care to ensure that content available on this Website does not infringe applicable law or third-party rights. However, it is not always possible to achieve this outcome.
In such cases, without prejudice to any rights and claims legally exercisable, Users are asked to direct related complaints to the contact details specified in this document.

Rights to the content on this Website

The Owner owns and expressly reserves all intellectual property rights to the aforementioned content.

Users are not authorised to use the content in any way that is not necessary or implicit for the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, from allowing third parties to carry out such activities via their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorised to download, copy and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that attribution of authorship and any other relevant circumstances required by the Owner are observed.

Limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

Through this Website Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content or availability.

The conditions applicable to third-party resources, including those applicable to any grants of rights over content, are determined by such third parties and governed by their respective terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.

It is the User's sole responsibility to ensure that the use of this Website and/or the Service does not violate law, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any actionable activity carried out through this Website or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User performs or is suspected of performing:

• violations of laws, regulations and/or these Terms;
• infringement of third-party rights;
• acts that may significantly prejudice the legitimate interests of the Owner;
• offenses against the Owner or a third party.

Limitation of liability and indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damages connected to the performance of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand holders, partners and employees to the extent permitted by law from any claim or demand – including, without limitation, legal fees and costs – made by third parties arising out of or in connection with conduct that breaches these Terms, third-party rights or law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-brand holders, partners and employees, by reason of fault.

Limitation of liability for User activities on this Website

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.

The above does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages resulting from a breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User's use of this Website has been appropriate and correct.

Unless damages were caused by willful misconduct or gross negligence or affect life and/or physical or mental integrity, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.

By way of derogation from the foregoing, the following limitations apply to all Users who do not act as Consumers:

In case of liability of the Owner, the compensation payable may not exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.

General provisions

No implicit waiver

Failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of them. No waiver can be considered final in relation to a specific right or any other right.

Service interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, giving appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or permanently cease the Service. In the event of cessation of the Service, the Owner will endeavour to allow Users to extract their Personal Data and information and will respect Users' rights regarding continued use of the product and/or compensation, according to legal provisions.

Furthermore, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. infrastructure failures, blackouts, etc.).

Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate reseller programme.

Privacy policy

Information on the processing of Personal Data is contained in this Website's privacy policy.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs related to this Website are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.

All trademarks – word or figurative – and any other distinctive signs, trade names, service marks, illustrations, images or logos that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users.

Changes will take effect in the relationship with the User only from the moment communicated to the User.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. That version can be requested from the Owner.

If required by law, the Owner will notify Users in advance of the effective date of the modified Terms.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract in whole or in part the rights and obligations under these Terms, taking into account the legitimate interests of Users.

Provisions relating to changes to these Terms apply.

The User is not authorised to assign or transfer their rights and obligations under the Terms without the Owner's written consent.

Contacts

All communications concerning the use of this Website must be sent to the contact details indicated in this document.

Severability clause

If any provision of these Terms is or becomes void or unenforceable under applicable law, the invalidity or unenforceability of that provision will not render the remaining provisions ineffective, which will therefore remain valid and effective.

European Users

If any provision of these Terms is or becomes void, invalid or unenforceable, the parties will endeavour to agree amicably on a valid and effective provision to replace the void, invalid or unenforceable provision.
If agreement cannot be reached as described above, if permitted or provided by applicable law, the void, invalid or unenforceable provision will be replaced by the applicable legal rule.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the void, invalid or unenforceable provisions are essential or of such importance that the parties would not have concluded the contract had they known the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Users USA

Any provision found to be invalid or unenforceable will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with respect to the subject matter and prevail over any other communication, including any prior agreements, between the parties regarding the subject matter.
These Terms will be enforced to the fullest extent permitted by law.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.

Priority of national law

However, notwithstanding the foregoing, if the law of the country where the User is located provides a higher level of consumer protection, that higher level of protection will prevail.

Jurisdiction

Exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.