Legal Terms & Conditions
TERMS AND CONDITIONS OF THE WEBSITE MOMO.COM
1. Terms and conditions of the website MOMO.COM
Each User is invited to carefully read the following terms and conditions and/or consult the website MOMO.COM (“the website“). By selecting the appropriate flag and clicking on the button “Confirm your order”, the User declares that he/she accepts accept the general conditions of use of the website and the general conditions that are an integral part of the online purchase contract between MOMO S.r.l. and the purchaser: the continuation thereafter of the use or consultation constitutes full acceptance by the visitor of these conditions. The use of the website and the express acceptance of the general conditions at time of registration constitutes an agreement between the User and MOMO S.r.l..
Acceptance be deemed to have occurred following the first access to the website.
If the User does not agree with these terms and conditions, he/she should not use the website to download information by accessing same.
Any changes to the general conditions of use of the website and to the general conditions forming an integral part of the sale contract will be made known by publication on the website and will only apply to contracts entered into subsequent to their entry into force.
I) General conditions of use of the website MOMO.COM
MOMO S.r.l. uses “cookies” technology to enhance and facilitate the User’s access to the website MOMO.COM.
The “cookies” are sent to your computer in order to identify you as a unique User and record your personal preferences and other technical information.
The cookies we use are configured in two types:
a) permanent “Cookies” (which remain on the computer until they are deleted);
b) temporary “Cookies” (which deactivate when the browser closes).
“Cookies” themselves do not contain or reveal personal information. Any personal information sent using the website MOMO.COM may be linked to the data stored in the cookies.
If these parameters are changed, it will not be possible to access specific sections of the website MOMO.COM
3. Licence Pursuant to these general conditions, MOMO S.r.l. grants the User a limited, non-exclusive and non-transferable right to access, use and display this website and associated material exclusively to promote the purchase of the website’s products.
The User agrees not to interrupt or attempt to interrupt the website’s operation in any manner.
MOMO S.r.l. authorises the User to view and download the information (“Material”) from the website. This authorisation does not represent a transfer of title to the Material and to copies of the Material and is subject to the following restrictions: 1) on all copies of the downloaded Material, the User must retain all copyright notices and other proprietary notices contained in the Material; 2) the User may not alter the Material in any way or reproduce, publicly display, perform, distribute or otherwise use or communicate it for any public or commercial purpose; and 3) the User may not transfer the Material to any person. The User agrees to respect any additional restrictions displayed on the website, which result from periodic updates. This website, including all Material, is subject to copyright and protected by legislative and regulatory provisions on copyright internationally. The User undertakes to respect all copyright laws while using this website and to prevent unauthorised copying of the Materials. MOMO S.r.l. does not grant the User any express or implied right under any law on patents, designs, trademarks, intellectual property rights, distinguishing marks, copyrights or trade secrets: the entire content of this website is thus owned by MOMO S.r.l., therefore no part of the website, no trademark or content, logo, graphic, sound or image may be reproduced, retransmitted or otherwise utilised without the express authorisation of MOMO S.r.l..
4. Accessing the sections.
An account is required in order to consult limited-access sections of the website. To do so, the User must complete the required registration process by providing full and accurate information as requested on the relevant application form as well as a password and a User name. The User is entirely responsible for maintaining the secrecy of his/her password and account. The User is also fully responsible for all activities associated with the aforementioned account. The User agree to immediately notify MOMO S.r.l. of any unauthorised use of his/her account or of any breach of security. MOMO S.r.l. will not be responsible for any loss resulting from third-party use of the User’s password or account.
5. Using the website.
The User undertakes to use the website in accordance with the provisions of the general conditions and to respect and comply with all of the website’s future policies and rules. The User also undertakes not to use the website to: (a) transmit spam or unsolicited communications; (b) assume to act on behalf of MOMO S.r.l. or any other person; (c) imitate headers or otherwise manipulate identifiers in order to conceal the origin of any content transmitted through the website; (d) misrepresent one’s affiliation with a person or entity; (e) act in a manner that negatively impacts on other users’ ability to utilise the website; (f) act in a way that could infringe any governing law; (g) post or transmit any material that infringes others’ rights in any way or is unlawful, abusive, defamatory, vulgar or offensive or contains any advertising or solicitation of products or services; or (h) gather or retain personal data on other users unless those users expressly authorise same. The User may not use the website if the aforementioned conditions are not complied with. In such cases, the Company actively cooperates with the authorities and law enforcement agencies in order to trace the identity of any person who inserts or transmits such material to the website.
The User may not: (i) use any device or software that could interfere with the website’s operation; or (l) take any action that imposes a disproportionate or unreasonable burden given the website’s infrastructure (such as sending bulk e-mails or “spamming”), or (m) interfere with the website’s software or with its functionality. This includes publishing material on the website that is infected with viruses or other elements that could interfere with or damage the website’s programming structure. The User may not use deep links to internal webpages or to websites of MOMO S.r.l.. The User undertakes to indemnify MOMO S.r.l. and, in any case, it undertakes full responsibility on its own behalf (also in relation to third parties), exonerating MOMO S.r.l. – if the latter so requests – from liability for any loss or damage caused by the User as a result of infringing the procedures for the website’s use, for which the User shall be exclusively liable with full guarantee and indemnification of MOMO S.r.l.. The indemnity also includes amounts accrued, on the basis of the foregoing, for legal costs, compensation, refunds of profits and penalties and loss of any kind, also in the form of lost profits and/or interest on the amounts in question and, more generally, in the form of any ancillary costs incurred by MOMO S.r.l.. The payment of the amounts envisaged under this Article may not be suspended or delayed by any claims, pleas or objections on the User’s part, on whatever basis these are made, without prejudice to the subsequent independent exercise of his/her rights.
6. Unilateral changes to the website.
MOMO S.r.l. reserves the right at its sole discretion to alter, modify, supplement or remove any section of the general conditions at any time, fully or partially. The changes will take effect at the time the associated notice is published. If the User continues to use the website following the change, this shall constitute acceptance thereof.
MOMO S.r.l. may revoke, modify or correct any errors or omissions in any part of the website, make further changes to the website and to the material thereof and to products, programs, services or prices (as relevant) described in the website; it may also suspend or discontinue any aspect of the website at any time and without notice, including the availability of any feature of the website. MOMO S.r.l. may also impose limits on specific features and services or restrict the User’s access to sections of the website or to the entire website without notice or liability. MOMO S.r.l. may at any time revoke the authorisation, rights and license granted and, upon such revocation, User undertakes to immediately destroy all of the Material. The User waives in advance any claim against MOMO S.r.l. in the event of revocation of the license and/or modification of the website and/or total and/or partial closure thereof.
7. Intellectual property.
In light of the provisions of Article 3, the User acknowledges that all intellectual property rights (including, for purposes of illustration only, copyrights, patents, know-how, confidential information, database rights and trademark and design rights – irrespective of whether or not they are registered) of the website belong to MOMO S.r.l. and/or its Licensors and/or Licensees. The User therefore undertakes to indemnify MOMO S.r.l. and, in any case, it undertakes full responsibility on its own behalf (also in relation to third parties), exonerating MOMO S.r.l. from liability for any loss or damage caused as a result of the infringement or unauthorised use of patents, copyrights, trademarks, designs, intellectual property rights used or controlled by third parties or any other infringement of intellectual and/or industrial property rights insofar as attributable to the User. The payment of the amounts envisaged under this Article may not be suspended or delayed by any claims, pleas or objections on the User’s part, on whatever basis these are made, without prejudice to the subsequent independent exercise of his/her rights.
8. Safeguarding information.
9. Third party websites.
MOMO S.r.l. may also provide electronic links (links) on this website which link to other websites run by other parties. MOMO S.r.l. makes no commitment to monitor or inspect the content of third party websites, nor is it responsible for the accuracy or reliability of such sites. If the User accesses these websites, this will necessarily mean that he/she will exit this website. A User who visits another website using the aforementioned links does so at his/her own risk and he/she is responsible for all measures required to protect against viruses or other destructive elements.
MOMO S.r.l. shall not be liable in relation to any website that the User visits by clicking on links, or for the information contained in these websites or the products or services described therein. If a User accesses another website by clicking on links, this does not mean that MOMO S.r.l. or this website sponsors or endorses the website visited, or that it is affiliated or associated with same or that it is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through these links. Nor does it mean that the website visited by clicking on links is authorised to use trademarks, trade name, logos or copyright symbols of MOMO S.r.l. or of its affiliates, controlling companies and/or subsidiaries.
The User waives in advance any claim against MOMO S.r.l. for any loss incurred as a result of navigating by means of links to other websites managed by other parties.
10. Exclusion of guarantees and disclaimer.
MOMO S.r.l. assumes no liability for the proper operation of this website or its content.
MOMO S.r.l. declines all responsibility for the security of this website. The User accepts that any information sent could be intercepted. MOMO S.r.l. cannot guarantee that the website or servers that make this website available or the electronic communications of MOMO S.r.l. are free from viruses or other harmful elements. The User waives in advance any claim against MOMO S.r.l. for any loss incurred as a result of this.
In no circumstances will MOMO S.r.l. be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, for purposes of illustration only, damages for loss of business opportunities, contracts, revenue, data, information or interruption of activities) resulting from the use of or inability to use this website or associated content in accordance with these terms and conditions, even where MOMO S.r.l. was advised that such loss was possible. In addition to the conditions displayed herein, MOMO S.r.l. will in no circumstances be liable for errors, inaccuracies, omissions or other defects or for the inappropriate timing or inauthenticity of the information contained in this website. Without prejudice to the disclaimer herein, the User also undertakes to take all reasonable steps to mitigate his/her loss arising from any claim or action (due to negligence, breach of contract or otherwise) brought against MOMO S.r.l..
II) General online sales conditions.
11) Features of the service.
The products are inserted into the MOMO S.r.l. website and are catalogued in special departments. The products may also be displayed in different departments to enhance their visibility.
Products displayed on the website are accompanied by a technical description of their functions and methods of use, and the associated sale price is indicated.
All registered Users may freely consult the pages of the MOMO S.r.l. website. MOMO S.r.l. may:
a) at any time extend the number of categories in which the products are presented; b) reclassify the products;
c) enhance the description of products with technical information;
d) propose promotional campaigns for the products and implement specific discount policies.
12) Website service guarantees.
MOMO S.r.l. guarantees each User who connects to the website that there will be continuity of service 24 hours a day, unless this is impossible due to force majeure, within the limits of the guarantees granted by the suppliers of MOMO S.r.l. whom the latter avails of for their connection services and maintenance activities.
13) Purpose of the general online sales conditions.
The general online sales conditions relate to the products included in the website. Products purchased on MOMO.COM are sold directly by MOMO S.r.l., based in Via Winckelmann, 2 – 20146 Milan – Italy, VAT no. and Tax Code 04638560963.
14) Completing the contract of sale of the products.
If the User wishes to enter into a contract to purchase one or more products on the website MOMO.COM, he/she must fill out the electronic order form following the procedure suggested by the website, and MOMO S.r.l. will then confirm electronically that it has received the order.
The User will subsequently receive an email from MOMO S.r.l. confirming the order: this communication will specify the essential characteristics of the product and give a detailed breakdown of the price and a summary of the general and particular conditions applicable to the contract of sale, with particular reference to the prices, payment methods, costs, shipment and delivery terms, and any applicable taxes.
The contract is entered into, pursuant to Article 1327 Civil Code, at the time when MOMO S.r.l. provides the products according to the Incoterms clause from time to time indicated to the User by confirming the purchase order.
If the products displayed on the website MOMO.COM are no longer available or are no longer for sale when the order form is transmitted, MOMO S.r.l. will make sure to notify the User – within thirty (30) days from the day after that on which the User transmits his/her order to MOMO S.r.l. – that the products ordered are no longer available, and MOMO S.r.l. shall not be consequently liable on this account.
15) Acceptance of the general conditions.
The User declares, upon electronically transmitting the order form, that he/she is familiar with and unconditionally accepts and undertakes to comply with the general conditions of sale, in its dealings with MOMO S.r.l..
The User also confirms, upon electronically transmitting the order form, that he/she is familiar with and unconditionally accepts the additional information contained in MOMO.COM, including the general conditions of use of the website. Once the purchase procedure has concluded, the User shall print and keep a copy of the general conditions and the order form and the purchase order confirmation; printouts and copies of these documents will also constitute a point of reference for subsequent purchases as well as a record for the User of any subsequent variations.
The User shall not enter false or invented information, pseudonyms, nicknames and similar; the personal records and tax data and the mailbox provided by the User when making the order shall be strictly personal to said User and shall in no circumstances be referable to third parties.
Miners are expressly forbidden from making purchases on the website.
16) Price of products on the website.
The sale price of the products is defined unilaterally, however MOMO S.r.l. will not be bound by any pricing information on its website and it reserves the right, at its discretion and at any time it sees fit, to implement price variations when contracts are concluded pursuant to Article 1327 Civil Code, in conformity with the provisions of Article 14, subsection 3 of the general conditions of sale. The sale prices for the products indicated on the website price list do not, therefore, constitute an offer to the public.
17) Shipment and delivery terms and disclaimer.
The shipment and delivery terms specified in the purchase order confirmation are not binding and do not represent a source of liability for MOMO S.r.l.. MOMO S.r.l. shall not be liable in any case for any service irregularities, delays or failures of delivery attributable to fortuitous events or to force majeure.
Such liability is also excluded in the event of fires, explosions, strikes, earthquakes, floods and other similar events that hinder the implementation of the contract in the manner and according to the timeframes envisaged by these general conditions and by law.
Except in cases of wilful intent or gross negligence, if MOMO S.r.l. is held liable for the incorrect performance of its contractual obligations, the parties hereby agree that this liability may not exceed the value of the products which the User purchases and which are the subject of the formal challenge.
18) Time of transfer of ownership of the product.
Ownership rights in products purchased on this website are transferred to the User when the contract is concluded pursuant to Article 1327 Civil Code, in conformity with Article 14, subsection 3 of the general conditions of sale.
19) Governing Law.
The general conditions of use of the website and the general conditions of sale contained in MOMO.COM are governed in their entirety by Italian Law.
20) Courts of Competent Jurisdiction.
The Court Milan has exclusive jurisdiction (and the parties expressly waive the jurisdiction of any other Court, even if optional) to resolve disputes which are related to the existence, loss, or claim of the right of ownership to the MOMO S.r.l. trademark, as well as disputes referred to in Article 134 of Legislative Decree No. 30 of 10 February 2005 and, therefore, expressly excluding cases that do not interfere directly or indirectly with the exercise of industrial and intellectual property rights, which are regulated in the following subsection which identifies the relevant Court of competent jurisdiction.
The Court of Bolzano has exclusive jurisdiction (and the parties expressly waive the jurisdiction of any other Court, even if optional) over any other dispute which may arise between the parties in relation to the validity, interpretation, implementation and application of this private agreement and of any supplementary and/or amending and/or implementing agreements associated therewith, including claims for compensation of a contractual and/or non-contractual nature and also all cases that do not interfere directly or indirectly with the exercise of industrial and intellectual property rights.
The Court of the place to which MOMO S.r.l. is summoned has exclusive jurisdiction (and the parties expressly waive the jurisdiction of any other Court, even if optional, including the Court referred to in the previous subsection) over any other dispute which may arise in proceedings brought against MOMO S.r.l. by consumers, as identified by Legislative Decree No. 206 of 2005, as amended, and which relates products that are sold through the website.
21) Data Protection.
The provisions below describe the procedures for managing the website in connection with the personal data processing of Users accessing it, which involve the provision of a privacy notice to persons using the web services of MOMO S.r.l., pursuant to Article 13 of Legislative Decree No. 196 of 30 June, 2003 (Personal Data Protection Code, hereinafter the “Privacy Code”). During and following access to this website, data may be processed which relates to identified or identifiable persons accessing the website. The “Data Controller” for the processing of such data is MOMO srl, based in Via Winckelmann, 2 20146 Milan – Italy, VAT no. and Tax Code 04638560963. The data processing associated with the web services of this website takes place at the aforementioned headquarters and is handled only by Enthusiast Inc. – 1025 W Arrow Hwy, Suite 201 Glendora, CA. 91740, USA (Tel. +1 626 256 3505), or by officials assigned to occasional maintenance activities.
The personal information supplied by Users who transmit specific requests is used only in order to implement the contract performance or service requested, and is notified to third parties only where necessary to that end. The computer systems and software procedures used in the operation of this website collect specific personal data during their normal operation, the transmission of which is implicitly involved in the use of internet communication protocols. This information is not gathered in order to be associated with specific data subjects but it could, by its nature, enable users to be identified by means of processing and association with data held by third parties.
This category includes IP addresses or the domain names of computers used by users who connect with the site, addresses in URI (Uniform Resource Identifier) notation of requested resources, time of request, the method used to submit the request to the server, the file size obtained in response, the numerical code indicating the response status from the server and other parameters related to the User’s operating system and computer environment. Such data is used only to obtain anonymous statistical information about the use of the website and to monitor its proper operation. Sending explicit voluntary and optional emails to the addresses specified on this website entails the subsequent acquisition of the sender’s email address, which is necessary to respond to requests, and also of any other personal data included. Specific summary information will be progressively reported or displayed on the website pages dedicated to particular services on request.
Apart from the provisions applicable to navigation data, the User is free to provide his/her own personal data if required in specific sections of the website. Failure to provide such data may make it impossible for one’s request to be processed or satisfied.
Personal data are processed using automated electronic tools only for the period of time that is strictly necessary to achieve the purposes for which such data have been gathered. Specific security measures are applied to prevent the loss or unlawful or incorrect use of the data, as well as unauthorised access thereto.
Pursuant to Article 7 of the Penal Code, the persons to whom the personal data refer may at any time obtain confirmation of the existence or nonexistence of such data and are entitled to know the content and origin thereof, to verify the correctness and to request the supplementation or updating or rectification thereof, and to request the deletion, anonymisation or blocking of data processed in violation of the law, and in any case to object for legitimate reasons to the processing of such data. Such requests should be addressed to the Data Controller.
Pursuant to Article 13 of Legislative Decree No. 196 of 30.06.2003, please note that personal data is processed, also using automated means, for inclusion in the customer/supplier database of MOMO S.r.l., and is necessary for the purposes of any future contractual relationship and for the performance of applicable legal, tax and administrative obligations. The provision of the data is optional; however, such data provision is necessary if it is intended to contract with MOMO S.r.l.. The data gathered may be notified – for the same purposes as those for which it was gathered – to the group companies and to persons or entities to whom services are outsourced. Note also that, in relation to the provisions of Article 7 of the aforementioned Legislative Decree, the User enjoys, inter alia, the right to obtain: confirmation from MOMO S.r.l. of the existence of personal data related to him/her; the cancellation, anonymisation or blocking of data processed in violation of law; the updating, rectification or supplementation of data. The User may exercise the rights pursuant to Article 7 by writing or telephoning: MOMO srl, Via Winckelmann, 2 20146 Milan – tel: 02424112 – fax 0242411299 – email: [email protected]