UGC Term of Use

GENERAL CONDITIONS OF USE

This web site, foambeachwear.com, with the relative services and contents (hereinafter known as the “Site”) is provided for users and/or clients (hereinafter known as the “Users” or User”) for the promotion and sale of the consumables belonging to FOAM BEACHWEAR, and the supply of connected services, such as, for example, the newsletter and the contacts form (hereinafter known as the “Purpose”).

The Site is managed by FOAM BEACHWEAR, with its registered offices located in Via Coppino 215, 55049, Viareggio (LU), Italia – C.F. GLIMNC59D42G702P e P.IVA 02509350464. 

The access, consultation, registration and any use of the Site and its relative contents and services, such as the purchase of products offered on it (hereinafter known as the ’”Use” or “To Use”), are activities regulated by these general conditions of use (hereinafter known as the “General Conditions of Use”).

Use of the Site presumes that the User is aware of these General Conditions of Use, and shall lead to the unconditional and full acceptance of the same.

Therefore, the User is hereby invited to carefully read the General Conditions of Use, as well as the Privacy Information and the General Conditions of Sale, prior to Using the Site.

 

1       USE OF THE SITE

 

1.1        Use of the Site is exclusively authorised for personal reasons that are strictly connected with the Purpose and cannot be traced back, even only partially, to any activity of a professional, entrepreneurial, artisan and/or commercial nature.

1.2         Only adults shall be exclusively entitled to use the Site.

1.3         In using the Site, the User shall undertake not to:

  1. a) communicate untrue and/or incorrect information, and/or relative to third

                                   parties, without their explicit consent and/or use the same incorrectly;

  1. b) load, communicate and/or send materials, contents, links, files and transmit any                             other item that:
  2. is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential                             or unlawful nature;
  3. constitute spam, pyramid communications, chains or any form of advertising or                                commercial or promotional communication unless it has been authorised in writing                      by the Operator;

                                   III.  is technically dangerous or harmful, such as, for example IT viruses, malware,                                      codes or other instruments that might damage the Operator’ IT systems as well as                                                  third party ones;

  1. c) interfere, interrupt, damage, infringe and/or tamper with the Site and its regular,                            functioning capacity;
  2. d) breach third party rights, the General Conditions of Use and Sale on the Site                                      and/or any provision in the legislation that is currently in force, such as, by way of an                                    example, the (Italian) Law No. 633, dated 22nd April 1941 on copyright and the                                       (Italian) Legislative Decree Law No. 196, dated 30th June 2003, concerning personal                            data protection.

1.4         Notwithstanding the Operator’s right, at any time whatsoever, to interrupt, suspend and/or revoke, even at his own discretion, and without having to provide any reason whatsoever, Use of the Site. The User acknowledges and accepts that the Operator shall not, in any case whatsoever, be held liable for any interruptions, suspension and/or revocation of the Use of the Site.

 

 

2        INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATA BANKS

 

2.1         Any rights concerning the contents present or made available on the Site or connected with it, by way of an example, but not limited to the same, texts, images, photographs, music, sound, video, designs, logos, graphics, layouts, source codes, software, design, the technical solutions adopted and the structure produced for the Site, data banks (hereinafter known as the “Contents”), are held by the Operator and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator and are protected by the national and international laws in force on the subject of the protection of intellectual and/or industrial property rights and/or data banks.

2.2         Except for any temporary reproduction of the Contents for activities without any economic relevance and strictly connected with the Purpose, it is strictly forbidden to amend, reproduce, publish, transfer, divulge and/or use, otherwise, in any form or way, the Contents, without the Operator’s explicit authorisation in writing.

2.3         In any case, it is hereby understood, that The User’s use of the Site shall not lead to the latter’s acquisition of any rights whatsoever concerning the contents.

2.4         The User cannot undertake any operation that might contrast with the Operator’s regular management of the data bank, and the relative owners who entertain, directly and/or indirectly commercial relations with the Operator or which might cause unjustified prejudice to the same.

2.5         Within the limits of what has been envisaged by the national and international legislation in force concerning the protection of intellectual and industrial property rights and/or data banks, it is strictly forbidden to systematically extract and/or use the Contents of the Site, by means of data mining, robots and other systems aimed at acquiring and extracting data, as well as producing and/or divulging data collections that reproduce, either totally or partially, the Contents of the Site and the services supplied, without the Operator’s explicit authorisation in writing.

 

3        TRADE MARKS AND DOMINION NAMES

 

3.1         The trademarks, dominion names and all the other distinctive signs contained and/or connected with the Site belong exclusively to the Operator or the respective owners who entertain, directly and/or indirectly commercial relations with the Operator.

3.2         Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the Operator’s explicit authorisation in writing, and that of the respective owners.

3.3         Use of the Operator’s name, as well as those who entertain, directly and/or indirectly commercial relations with the Operator is, in any case, strictly forbidden, as well as the use of the distinctive symbols, such as, for example, dominion names and trade-marks, by means of metadata (such as, for example, meta-tags e keyword-tags), without the Operator’s written authorisation or that of the respective owners

 

4        LINKS TO OTHER WEB SITES

 

4.1         The Site may have hypertext links to other web sites, which may have no connection whatsoever to the Site.

4.2         Said links have been exclusively indicated by the Operator to facilitate the Web Users navigation and connections towards other web sites.

4.3         Indication of a link shall not imply any kind of suggestion, sponsorship and/or recommendation by the Operator to use the connected web sites, nor any kind of warranty concerning the relative contents, services and/or goods offered and/or sold by the same.

4.4         The Operator does not control, in any way whatsoever, the web sites connected by links, nor the information, materials and products contained in them and, therefore, The User hereby acknowledges and recognises that the Operator cannot be held responsible for the actions, services, products, contents and the policies in force on said, web site, even in relation to personal data processing and conditions of sale.

4.5         Therefore, you are invited to carefully read the conditions of use, the conditions of sale, the privacy information and all, other legal notes on web sites other than the Site.

 

5        LINKS TO THE SITE

 

5.1         You can activate hypertext links to the Site, further to being authorised by the Operator to do so.  To this end, you should contact the Operator at the following, e-mail address: customercare@chiaraferragnicollection.com.

The Operator is, at all times, entitled to oppose the activation of links to the Site, even in consideration of the previous adoption of unfair commercial practices or ones not in compliance with sector uses, by an applicant, or rather unfair competition or actions discrediting the Operator

5.2         The activation of hypertext links is strictly forbidden (such as, but not limited to, deep links or deep frames) to the Site, without the Operator’s written authorisation.

 

6        PERSONAL ACCOUNT USE

 

6.1         The User shall undertake to supply accurate and complete data during the personal account registration phase, and promptly inform the Operator about any changes to the information supplied.

6.2         The User who is in possession of a personal account on the Site shall undertake to keep his access credentials confidential and monitor the regular operating capacity of the account, itself, and immediately inform the competent authorities of its use or an attempt to use his account by unauthorised third parties.

6.3         The User hereby accepts that he is solely responsible for all the actions initiated by means of his account, as well as all the damaging consequences or prejudice that might be caused to the Operator, or third parties, further to using his personal account in breach of the General Conditions of Use, the other legal notes set forth on the Site and/or applicable provisions in force, as well as the loss and theft of his access credentials.

6.4         Notwithstanding, the Operator’s entitlement, at any time whatsoever, to suspend, amend or cancel each personal, User account, in breach of the General Conditions of Use, other legal notes contained on the Site, legislative provisions in force or at the Operator’s unquestionable judgement. The User hereby acknowledges and accepts that the Operator shall not, in no case whatsoever, be held responsible for any suspensions, amendments and/or cancellations of his own, personal account.

 

7        WARRANTIES AND RESPONSIBILITY PER USING THE SITE

 

7.1         The Operator hereby supplies the Site in its current state and fact in law, without any kind of warranty, explicit or implicit, for The User.

7.2         The Operator does not guarantee the Site’s regular operating capacity and those that are connected to it, even indirectly.  Within the limits consented by law, the Operator shall not be held liable for any damages incurred through using the Site as well as the third party sites, which are, even indirectly, connected, such as, by way of an example, but not limited to the same, any damages incurred by IT systems, the loss of data or commercial opportunities, as well as damages caused by an interruption to economic activities or derived from Site errors, delays, omissions and  inaccuracies.

7.3         The User acknowledges and accepts that the Operator cannot be retained as being in breach of his obligations, nor responsible for any damages incurred by the lack or incorrect functioning of The User’s own and/or third party hardware and software components, telephone and/or telematics connections that are not managed by the Operator directly, as well as the actions of other Users and/or third parties.

7.4         The User is the sole party responsible for Use of the Site. Within the limits consented by law, no responsibility whatsoever can be attributed to the Operator in relation to The User’s Use of the Site, which runs contrary to the legislative provisions in force, the legal notes set forth on the Site and/or damaging to third party rights.  Within the limits of what has been envisaged by the legislative provisions in force, The User shall undertake to hold the Operator harmless from all charges and damages, including any legal fees that might be caused by his Use of the Site, in breach of the legislative provisions in force, the legal notes contained in the Site and/or damaging to third party rights.

 

8        PRIVACY POLICY

 

8.1         In relation to User, personal data processing, please refer to the Information on Privacy.

8.2         In order to take advantage of the services provided and made by The User, information specifications shall be supplied, and, where necessary, specific consent to personal data processing.

 

9        WARNINGS

 

9.1  The Operator has done everything possible to avoid that the Site Contents published describe or represent physically or psychologically violent scenes or any such ones that the Users’ sensitivity might retain them as being prejudicial to civil convictions, human rights and personal dignity, in all its forms and expressions.  In any case, the Operator cannot guarantee that the Site’s Contents might be appropriate or lawful in other countries, excluding Italy.  However, if said Contents are retained as being unlawful or illegal in some countries, access to the Site is not recommended and if The User does, in any case, access it, the use he makes of the services supplied shall be at his own, exclusive and personal responsibility.

9.2  Notwithstanding what has been envisaged in the Site’s legal notes and the legislative provisions in force, the Operator shall be entitled to amend – at any time whatsoever and without being obliged to communicate – any information, contents or other elements present on the Site.

9.3 The fact that the Operator and/or any third parties with whom the former entertains, directly and/or indirectly commercial relations, delays or omits to assert his entitlements, on the basis of the General Conditions of Use, the Site’s other legal notes and the legislative provisions in force, this does not constitute his/their entitlement of asserting said right, in relation to any actions initiated or which may be initiated in the future.

 

10        USER GENERATED CONTENT (“UGC”)

 

10.1  The natural person and/or corporate person who, directly or indirectly (even by means of sending specific hashtags) duly authorises the communication and/or publication and/or divulgation of his own, contribution, in any form or nature whatsoever, and on any medium (including, by way of an example, but not limited to the same: images, photographs, videos, sound, music, texts, the written word and works of any kind whatsoever) by FOAM BEACHWEAR (hereinafter known as the “Grantor”), shall transfer the same, in perpetuity, irrevocably, non-exclusively, free-of-charge, royalty exempt, and all economic exploitation rights, including the copyright and connected rights relative to said contribution (hereinafter known as “Authorised Contributions”), together with sub-licensing rights.  To this end, the Grantor explicitly acknowledges FOAM BEACHWEAR the unquestionable right of using the Authorised Contributions, of deciding when to use them or remove them, since FOAM BEACHWEAR and its assigns are the sole, lawful and competent subjects to this end, without limits of time.  Said rights shall be granted for the whole World and for all uses and economic exploitation.  All the Authorised Contributions shall be considered of a non-confidential nature.  By effect thereof, FOAM BEACHWEAR shall be entitled to: use, copy, distribute, reproduce, transfer, exploit, amend, process, transform, hold on a data base, make cuts, changes and/or additions, insert or replace comments and/or divulge said Contributions in favour of third parties for any purpose and in compliance with the advertising and/or commercial conditions that FOAM BEACHWEAR and/or its assigns believe to be most expedient (such as, by way of an example, but not limited to the same, by means of reproducing and publishing the Contributions by means of social network channels, such as Facebook and Instagram, in brochures, magazines, albums, collections, products, etc. even within the scope of commercial enterprises). To this end, the Grantor shall also authorise FOAM BEACHWEAR and its assigns to combine/tie in, either directly or indirectly, the Authorised Contributions with commercial and promotional initiatives, and the image and distinctive symbols belonging to FOAM BEACHWEAR and/or its assigns (except for the Grantor’s moral rights).

10.2                           The Grantor warrants that he is entitled to the rights and has the legal capacity to                                 execute these General Conditions of Use in his own jurisdiction and that the                                          Contribution is an original and exclusive work, and that the same:

  • has not been derived from any, third party work, without their authorisation;
  • does not breach, in any way whatsoever, copyright, registered trademarks or any                                other, third party, intellectual or industrial property rights;
  • does not breach or potentially infringe any, third party property or personal rights                                                   whatsoever, having received the authorisation required and/or specific consent                                      from any third parties involved (or from who has the authority to do so), at any title                                whatsoever, involved in the Contribution;
  • does not breach any provision of the law, including, by way of an example, the                                     provisions set forth in the (Italian) Law No. 633/1941, and subsequent amendments                                   and integrations made thereto, the (Italian) Legislative Decree Law No. 30/2005 –                                                    The Industrial Property Code, and subsequent amendments and integrations made                            thereto, the (Italian) Legislative Decree Law No. 196/2003 – Privacy Code;
  • is not obscene, racist, discriminatory, nor in any other way contrary to public order                               nor the principles of public morality in force;

Undertaking to hold FOAM BEACHWEAR and its assigns harmless whenever one or more declarations or warranties is revealed as being false or inaccurate.

FOAM BEACHWEAR and its assigns shall also be entitled to reveal the Grantor’s identity to any third parties who sustain that the Authorised Contributions constitute breach of their intellectual property and/or confidentiality rights.

10.3          FOAM BEACHWEAR and/or its assigns shall not be held liable in relation to any breach of the Grantor’s rights and/or those of any third parties derived, either directly or indirectly, from use , in any way whatsoever, of the Authorised Contributions, in any case, by way of contractual or extra-contractual liability (including, by way of an explanation, negligence or breach of the law) with reference to i) financial damages (including, by way of an explanation, any damages sustained, loss of income and loss of profits, both actual and envisaged, contracts, business generated, opportunities or savings envisaged); ii) loss or reputation; iii) consequential or indirect damages sustained by the Grantor or third parties.

10.4  The Grantor acknowledges that he is responsible to FOAM BEACHWEAR and/or its assigns, to hold them harmless from all costs, direct or indirect damages, expenses, losses, including any, eventual legal and trial expenses, and in relation to any claim and/or demand and/or action that might be brought in any place by third parties, including public authorities, administrative and state bodies, because of any dispute derived from or, in any way whatsoever, connected with the Contributions’ use by FOAM BEACHWEAR and/or its assigns, and the declarations and warranties provided by the Grantor through these General Conditions of Use.

 

11        APPLICABLE LAW AND DISPUTE SETTLEMENT

 

11.1    These General Conditions of Use are regulated by Italian Law.

11.2    In the case of disputes arising out of the General Conditions of Use between the Operator and the User, the User shall be entitled, by means of the link, https://webgate.ec.europa.eu/odr, to access the platform for the online settlement of disputes supplied by the European Commission.

 

12        AMENDMENTS TO THE CONDITIONS OF USE

 

12.1  The Operator shall be entitled, either totally or partially, to amend these General Conditions of Use, even in considerations of any, legislative changes and/or its own, commercial policies.  Any amendments to the General Conditions of Use shall be communicated to the Users on this page of the Site, and shall become binding as soon as they are published on the Site.

12.2  The User shall be subject to the regulations set forth in the General Conditions of Use, which are, from time to time, in force, when The User makes use of the Site.

 

 

13        CUSTOMER CARE

 

13.1    If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form or at the following e-mail reference: info@foambeachwear.com. 

 

 

GENERAL CONDITIONS OF SALE

These general conditions of sale (hereinafter known as the “General Conditions of Sale”) shall regulate the goods offered and sold on the web site, foambeachwear.com  (hereinafter known as the “Site”).

 

The goods purchased on the Site (hereinafter known as the “Products”)are sold directly by the company FOAM BEACHWEAR, with its registered offices located in in Via Coppino 215, 55049, Viareggio (LU), Italia – C.F. GLIMNC59D42G702P e P.IVA 02509350464. 

You must read and accept these General Conditions of Sale to be able to send a purchase order. Non-acceptance of the General Conditions of Sale shall make it impossible to purchase goods from the Site.

 

1        RECITALS

 

1.1  The General Conditions of Sale shall exclusively regulate the offer, the shipping and acceptance of the purchase orders for Products on the Site, between the Seller and Site users.

1.2  The Seller, by means of the Site, shall offer the Products for sale and shall perform its e-commerce activities exclusively in relation to its final end-users, who are adults and “consumers”, or rather, natural persons, who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might, eventually, be conducted (hereinafter known as the “Client”).

1.3  The offer and sale of the Products refers exclusively to the countries set forth in the list of shipment countries listed on the relative page of the Site, which can be reached by means of the Homepage.

1.4  The Seller, therefore, shall be entitled not to process any orders from individuals, other than the “consumer” and/or minors, from countries that are not included among the shipment countries or, in any case, orders that are not in compliance with its own commercial policy.

1.5  The General Conditions of Sale do not regulate the sale of goods or supply of services by individuals other than the Seller, even if they are present on the Site by means of links, banners or other linking methods. The Client shall undertake to check the conditions of sale, prior to sending orders and purchasing goods and services from individuals other than the Seller. The latter, therefore, shall not be held liable for the sale of goods and/or the supply of services by third parties and/or the execution of agreements between the Client and third parties.

 

2        PRODUCT PURCHASE ORDERS

 

2.1  The Client, in order to purchase one or more Products on the Site, must select the Products he wishes to purchase and add them to the shopping trolley. Once he has chosen the Products, the Client must go to the checkout on the shopping trolley web page, complete the order form electronically, in compliance with the relative instructions, and send it to the Seller.

2.2  The purchase orders may be made in English.

2.3  The Product purchase orders may be made by the Client both by means of his, own account, if he has registered his details on the site, or as a “guest”, supplying, in this case, the personal details required to process the order.

2.4  Reference to the General Conditions of Sale has been set forth in the order form, as well as a summary concerning the main characteristics of each Product ordered, and the relative price (including all the applicable tax and duties), the methods of payment accepted and the delivery terms applied to the Products purchased, the shipment and delivery costs, the conditions established to assert withdrawal rights, and the conditions and times to return the Products purchased.

2.5  Prior to going ahead with purchasing the Products, by sending the order form, the Client shall undertake to read the General Conditions of Sale, which can also be printed, memorised or copied for personal use.  The Client, by sending the order form, hereby declares that he has understood and approved the contents set forth in the form, as well as accepted the General Conditions of Sale and Use of the Site whilst, if he cannot, the order form cannot be sent.

2.6  Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.

2.7  Furthermore, when the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.

2.8  Once the purchase order has been accepted, the Seller shall undertake to send the Client a purchase order receipt, which shall contain a summary of the General Conditions of Sale, the information relative to the Products’ essential characteristics, a detailed indication of the price (including all the applicable tax and duties), the methods of payment, the conditions and ways of asserting the withdrawal entitlement and the delivery charges.  

2.9  The Seller is entitled not to accept any purchase orders that are incomplete or have not been filled in correctly, which do not provide sufficient solvency guarantees or if the Products are unavailable. In these instances, the Seller shall promptly inform the Client, by e-mail, that the agreement has not been executed and that the Seller shall not process the purchase order. In the case in which the Client has already sent the order form and paid for the Products, the Seller shall undertake to reimburse the monies paid.

2.10  The order form shall be archived in the Seller’s data bank for the time required to process the orders and, in any case, in compliance with the terms of the law in force.  The Client, if registered on the Site, shall be able to see the orders made, access his, own account and consult the specific section on the Site. The Client who has made the purchase as a “guest” shall be entitled to check the orders made by contacting Customer Services, as indicated in paragraph 11 “Customer Care” here-below.

 

3        THE PRODUCTSCHARACTERISTICS

 

3.1  Original Products, characterised by the brand name, “F.O.A.M. First of all Me”, are exclusively offered for sale on the Site, further to authorisation granted by FOAM BEACHWEAR and/or any, other individual authorised by the latter.

3.2  The Products’ essential characteristics have been set forth on the Site, in each Product description.  The images and colours relative to the Products on sale might not, however, correspond to the real ones, caused by the Internet browser and/or monitor used.

3.3  Each Product is sold on the Site together with its identification tag, which constitutes an integral part of the Product.

 

4        PAYMENTS

 

4.1  The Product prices set forth on the Site are calculated in Euro (€) do not include shipment and delivery costs, which are clearly indicated at the beginning of Product purchase procedure.

4.2  The Product prices may be subject to variations.  The Client shall undertake, therefore, to check the final sales price prior to sending the relative order form.

4.3  The payment conditions can be referred to on the Site Payments page, which have also been set forth on each, individual purchase order form, and constitute an integral part of the General Conditions of Sale.

4.4  The Product purchase price and the shipping costs, as set forth in the order form, shall be charged by the Seller when the Products are shipped.

4.5  In the case in which payment is made by credit card, the financial information (such as, for example, the credit or debit card number or its expiry date) shall be forwarded encrypted to banks or companies that supply the relative electronic distance payment services, without any third person whatsoever having access to the same. Furthermore, said information shall never be used by the Seller except for completing the procedures relative to the purchase, for which it was provided, and to issue any reimbursement in case of the Products being returned, further to asserting the withdrawal entitlement or to prevent or report fraud having been committed on the Site to the Police.

4.6  If the Product is delivered to a European Union country, it should not be subject to any Customs Clearance costs, such as import taxes and/or duties.

If, instead, delivery is made to a country that does not belong to the European Union, the Products sold might be subject to Customs Clearance costs, such as importation taxes and/or duties, which are demanded on the Product’s arrival in the country of delivery.  The Customs Clearance costs cannot be envisaged by the Seller in advance, and they shall, in any case, be fully borne by the Client.

If you require some more information, the Client should contact the Customs and Excise office in the country where the Product is shipped.

 

5        PRODUCT DELIVERY

 

5.1  The Products, ordered on the Site, are sent by express courier service. The Product delivery costs, methods and terms have been set forth on the “Shipping” page, as well as on each, individual purchase form, and shall constitute an integral part of the General Conditions of Sale.

5.2  The Product delivery time, on the Site, refers exclusively to working days, explicitly excluding public holidays.

5.3  The Client must make the purchase order directly on the Site page relative to the country where the purchased Product shall be delivered. The Site should be capable of automatically recognising the country from which the Client is connecting, but you can change the Site reference country by means of the list of shipment countries that have been drawn up on the relative Site page.

The orders made from one section of the Site relative to a country other than the one where the Products are to be shipped or to a country other than the one envisaged as the destination or to an address that is not admitted by the courier appointed by the Seller (such as, for example, P.O. boxes and Hold Mail services), shall not be accepted. The Site is not authorised to send goods to Livigno, Campione d’Italia, S. Marino and Città del Vaticano, only with reference to Italy.

 

6        WITHDRAWAL ENTITLEMENT

 

Asserting the withdrawal entitlement

 

6.1  The Client shall be entitled to withdraw from the agreement executed with the Seller, explaining the reason why, within fourteen (14) days running from the date on which the Products, purchased on the Site, are physically acquired. Please note that in the case of orders associated with promotions with discount coupons the customer loses the right to withdraw from the contract, and from the time of purchase the products are non-returnable and non-refundable.

6.2  The Client, in order to assert his withdrawal entitlement, may communicate his decision to withdraw from the agreement by means of email to FOAM BEACHWEAR. To this end, the Client shall undertake to access the section of the Site relative to the orders made, fill in the withdrawal form and e-mail it to the Seller.

6.3  Alternatively, the Client shall be entitled to send an explicit, written communication concerning his decision to withdraw from the agreement to the Seller, supplying his personal details (such as his name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; to this end, the Client shall be entitled, if he wishes, to use the model withdrawal form , referred to in Annex I of the (Italian) Legislative Decree Law No. 21, dated 21st February 2014.  In the case in which the Client selects this option, the withdrawal communication must be sent to the Seller via e-mail: info@foambeahwear.com or from the “Contact” page and the customer must wait for the authorisation email.

6.4  When the withdrawal entitlement is asserted, the Product chosen cannot be directly replaced by another one; if the Client wishes to purchase a new Product, he shall have to start again and make another order.

6.5  The Client shall be held liable for the reduction in value of any Products, which has been caused to the same, other than what is required to establish the Products’ nature, characteristics and operating capacity.

6.6  The Seller shall be entitled not to go ahead with the withdrawal procedure if the Products are returned without their identification tags and if the product is not in pristine conditions.

6.7  Furthermore, the withdrawal entitlement cannot be asserted if the:

                  1               Products are returned without their original packaging and / or gadget (to be                                        considered both an integral part of the product);
                  2               Products have been used and / or worn (broken, unstitched, pulled, etc.) after                                        delivery;

                  3               Products do not lend themselves to be returned for hygienic reasons to protect health because tested and / or worn without underwear underneath;

 

Return times and conditions

 

6.8  Products that are subject to withdrawal must be returned to the Seller. In order to go ahead with the returns procedure, the Client shall undertake to send the Products back, within fourteen (14) days running from the date of receipt of the shipment, to FOAM BEACHWEAR.

6.9  Payment of the costs incurred by returning the Products shall be charged to the Client.

6.10  Products must be returned in the same conditions and modality in which they were received and strictly within the package sent by the Seller.

 

Reimbursement times and conditions

 

6.11  Once the Products have been received, the Seller shall go ahead with the ascertainment procedure relative to the conformity of the same with the terms and conditions set forth in Article 6.

6.12  If the inspection procedure is successful, the Seller shall undertake to send the Client, by e-mail, the relative, returned Products acceptance confirmation, and shall go ahead with reimbursing the price of the products returned.

6.13  Whatsoever payment method was adopted by the Client, reimbursement shall be activated by the Seller, upon verification (quality control or QC) of the returned goods, in the shortest time possible, and in any case after the written confirmation by email from FOAM BEACHWEAR within 30 days.  Reimbursement may be suspended by the Seller until receipt of the Products or until the Customer has received an e-mail confirming the reimbursement.

6.14  The Seller shall perform the reimbursement using the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise, such as for instance, the receipt of credit. If there is no match between the recipient of the Products indicated in the order form, and the individual who paid for their purchase, reimbursement of the monies paid shall be made in favour of the individual who paid, unless agreed otherwise.

6.15  If the terms and conditions to assert the withdrawal entitlement are not complied with, as specified in Article 6, the Client shall not be entitled to reimbursement of the monies previously paid in favour of the Seller; however, the Client may be able to reobtain, at his own expense, the Products in the state in which they were returned to the Seller.

 

7        LEGAL GUARANTEE OF CONFORMITY

 

7.1  Besides the warranty provided for any faults in the goods sold, the Seller shall provide the Products with a legal guarantee of conformity, in compliance with what was envisaged in Heading III, part IV of the (Italian) Legislative Decree Law No. 206, dated 6th September 2005 (the so-called Consumer Code). Said warranty envisaged that the Seller shall be liable for any non-conformities in the Products sold, which arise within two (2) years from the Products’ delivery.

In order to take advantage of this guarantee of conformity, the Client, at the risk of forfeiting this right, must inform the Seller of any defect in the Product purchased within two (2) months of having found it.

In the case of any defect in conformity reported within the terms envisaged, the Client shall be entitled, at his own decision, to have the Seller repair the goods or replace them, without any costs being incurred in both cases, except when the remedy requested is objectively impossible or excessively burdensome compared to the other one.  The Client shall also be entitled to request, at his own decision, an adequate reduction in the price paid or termination of the agreement, in those instances in which repair or replacement are impossible or excessively burdensome, the Seller has not repaired or replaced the goods within an adequate period of time or the replacement or repair, previously performed, has incurred considerable inconvenience for the Client.

If you wish to take advantage of the guarantee of conformity, you should keep and show the Product’s purchase documents

For more information concerning the consumer legal guarantee of conformity, the Client should consult the Consumer Code.

 

8        PRIVACY

 

8.1  In relation to the Client’s personal data processing, reference should be made to the Information provided on Privacy.

8.2  In order to take advantage of specific services provided further to the Client’s request, information specifications shall be supplied as well as specific authorisation when personal data is collected, if necessary.

 

9        APPLICABLE LAW AND DISPUTE SETTLEMENT

 

9.1  The General Conditions of Sale are regulated by Italian Law and, in particular, by the provisions set forth in the (Italian) Legislative Decree Law No. 206, dated 6th September 2005, the “Consumer Code”, with specific reference made to the provisions on the subject of agreements executed at a distance and by the (Italian) Legislative Decree Law No. 70, dated 9th April 2003, on some of the aspects concerning E-commerce.

9.2  In the case of any disputes arising, between the Seller and each Client, out of the General Conditions of Sale, the Client shall be entitled to access, by means of the link, https://webgate.ec.europa.eu/odr, the platform for settling online disputes supplied by the European Commission.

 

10        AMENDMENT OF THE GENERAL CONDITIONS OF SALE

 

10.1  The General Conditions of Sale may, at any time whatsoever, be amended by the Seller, even in relation to any legislative changes that might arise.  The new General Conditions of Sale shall enter into force from the moment in which they are published on the Site.  Clients are, therefore, invited to regularly access the Site to consult the most up-to-date version of them, prior to making any purchase

10.2 The General Conditions of Sale applicable to each agreement executed by the Client by means of the Site shall be those in force on the date on which the purchase was sent.

 

11        CUSTOMER CARE

 

11.1  If you require any assistance concerning the Products, or any further information, or if you wish to make any suggestions, complaints and/or requests, the Client shall be entitled to contact the Seller’s Customer Services by means of the Contacts form care off the following:

–  by e-mail: infor@foambeachwear.com;

 

 

INFORMATION FOR THE PROCESSING OF PERSONAL DATA OF THIS WEBSITE  OR PRIVACY POLICY

Consultation of this web site may lead to the processing of data relative to the people identified or who may be identified by FOAM BEACHWEAR, in its capacity of data processing controller.

“Personal data” implies any information relative to a natural person, who has been identified or who could be identified, even indirectly, by means of reference to other information, including by means of a personal identification number.

Personal data processing implies any operation or group of operations, performed even without the assistance of electronic instruments, concerning the collection, registration, organisation, conservation, processing, amendment, selection, extraction, comparison, use, interconnection, blockage, communication, divulgation, cancellation and destruction of data, even if it has not been registered in a data bank.

 

The information relative to the users’ (hereinafter known as the “User” or, jointly, as the “Users”) personal data processing handling methods is supplied on this page, which interacts with the FOAM BEACHWEAR web services that are accessible electronically from the address: foambeachwear.com (hereinafter known as the “Site”). This is information that has also been provided pursuant to Articles 13 and 122 of the Privacy Code and the Ombudsman’s order concerning personal data protection (hereinafter known as “Identification of simplified methods concerning information and the acquisition of consent to use cookies”, dated 8th May 2014.

To take advantage of the specific services provided further to the User’s request, information specifications shall be supplied and specific consent to personal data processing shall be requested where required.

 

The information is only provided for the Site and for the possible, relative under dominions, and not for any, other web sites that might be consulted by the User by means of hypertext links or links.

 

  1. Personal Data Collector

The Data Collector is FOAM BEACHWEAR with offices at Via Coppino 215, 55049, Viareggio (LU), Italia – C.F. GLIMNC59D42G702P e P.IVA 02509350464.

 

  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 utilised 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.

For providing services upon the User’s request, such as the registration to the Website, the management of purchases without logging in, the subscription to the newsletter service and the sending of communication to the Data Collector through the Contact Form, specific information notes will be given in the related Website pages and, if needed, specific authorisations for the use of the personal details will be requested.

 

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.

 

Social Sharing Buttons and widgets

The Website might be equipped with Social sharing buttons/widgets. 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/widgets, 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.

 

  1. Collection of the Userspersonal data

Except for the information given above relevant to the navigation data and cookies, 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 uses Social sharing buttons/widgets and when he/she requests of specific services of the Website.

Failure to provide the required data might lead to the impossibility of supplying the required services.

 

  1. Method to process the data

The processing of data by the Data Collector is based on the principles of fairness, legality, transparency and the protection of User’s rights and confidentiality.

Personal data is processed manually and/or by means of electronic instruments or, in any case, automised only for the time that is strictly necessary to achieve the purposes for which it was gathered.

The Collector and the responsible part have adopted suitable security measures in accordance with the law to prevent the loss of Data, unauthorised access or improper or illegal uses.

The User’s data may be transferred to foreign countries (also extra-EU countries, such as USA), in compliance to the above-mentioned information.

 

  1. Subjects responsible for and in charge of personal data processing
    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-organisation, 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 the Data Collector through the methods given in the following section 7 “The interested parties’ rights”.

At the same time, personal data may be known by other parties appointed by the Data Collector or by the Responsible Party 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.

If you would like more detailed information, it should be recalled that the Privacy Ombudsman, in performing his duties, might ask the Controller and the individuals appointed to process the data to provide and exhibit documents, pursuant to Article 157 of the Privacy Code.

 

  1. 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 “Authorised 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 Authorised Contributions is carried out only after getting the specific authorisation 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 FOAM BEACHWEAR and its products; ii) for publishing on the Website and other FOAM BEACHWEAR accounts on social channels such as Facebook and/or Instagram as well as for using the Contributions in promotional and advertising materials relevant to FOAM BEACHWEAR 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 Authorised Contributions containing personal data will not be published by FOAM BEACHWEAR.

 

  1. The interested partiesrights

In relation to the data provided, the individuals to whom the personal data refers – pursuant to Article 7 of the Privacy Code* – shall be entitled, at any time whatsoever, to obtain confirmation as to the existence or not of the data, in case of point, and to be able to find out what it contains and its origin, check the accuracy or ask for the same to be integrated, updated or amended. Pursuant to the same article, the interested party may ask for the data to be cancelled, transformed into anonymity or the blockage of any data that has been processed in breach of the law, as well as to raise opposition, in any case, for lawful reasons, its being processed.

 

In order to exercise the above-mentioned rights, the User will apply directly to the Data Collector, FOAM BEACHWEAR via e-mail: info@foambeachwear.com.

 

If you wish more information concerning the Privacy Code and how it is regulated, we recommend you visit the site of the Ombudsman who deals with the protection of personal data.

 

* Legislative Decree 30 June 2003, n. 196

CODE ON THE SUBJECT OF PERSONAL DATA PROTECTION

Art. 7. Right of access to personal data and other rights

  1. The interested party is entitled to obtain confirmation as to the existence or not of the personal information that refers to him, even if it has not been registered yet, and its intelligible communication.

 

  1. The interested party is entitled to obtain an indication as to the:
  2. a)          origin of the personal data;
  3. b)          purposes and processing methods;
  4. c)          logic applied in the case of processing being performed electronically;
  5. d)          details concerning the Controller, the handlers and representative appointed, pursuant to Article 5, paragraph 2;
  6. e)          individuals or categories of individuals to whom the personal data may be communicated or who may become aware of it in their capacity of representatives within the territory of the State, data processors or individuals in charge of processing.

 

  1. The interested party is entitled to obtain the:
  2. a)          updating, amendment or, if he wishes, integration of the data;
  3. b)          cancellation, transformation, into anonymity or the blockage of data processed in breach of the law, including the information that does not need to be kept, in relation to proposes that required its collection or subsequently processed;
  4. c)          confirmation that the operations referred to in letters a) and b) have been brought to the attention, even with reference to the contents, to those to whom the data was communicated or divulged, except in the case in which the same would have been impossible or would have led to a use of means disproportionate to the right protected.

 

  1. The interested party shall be entitled to raise opposition, either totally or partially:
  2. a)          for lawful reasons concerning processing the data that refers to him, even it pertinent to the reason it was collected;
  3. b)          the personal data processing that concerns him refers to sending advertising material, direct sales, market research or commercial communications.

 

 

 

COOKIES

Use of cookies

 

Informative note about the Cookie policy

With this information, in accordance with articles 13 and 122 of Law Decree 196/2003 (“Privacy Code”), as well as the regulations given in the General Provisions of the Data Protection Authority (“Privacy Authority”) of 8th May 2014, the manager of the website chiaraferragnicollection.com (hereinafter the “Website”) and/or the Data Collectors, both Diana E-Commerce Corporation S.r.l. and Serendipity Srl, are here to provide the Website users with some information about the cookies they use.

 

What are Cookies

Cookies are small strings of text that the Website, visited by the user, sends to a terminal, usually the browser, where cookies are automatically stored and later relayed to the same website as the same user returns to the website.

Cookies are present in high quantities in the user’s browsers and sometimes they last a long time for different purposes: executing IT authentications, monitoring sessions, memorising information about specific configurations relevant to the users who enter the server.

The Website uses cookies to make its services easier and more efficient for those who visit its pages.

There are different types of cookies depending on their purposes. Some cookies are used to make the website’s use more efficient and others enable functions more effectively.

 

Types of cookies

The cookies that are used in this Website allow the following:

  • navigation and use of the Website (i.e. for purchasing goods or logging in to enter                                restricted areas);
  • prevent the re-entering of the same information (such as username and password)                             during the same session;
  • memorise the user’s preferences; 
  • analyse the use of services and contents to optimise the navigation experience and          the offered services.

 Please take note that the consent for using cookies is not compulsory but, without it, some parts of the Website may not work properly.

 

The following are the different types of cookies used on the Website according to their use purposes:

 

Technical cookies

The technical cookies are used only to “”transmit communication to an electronic communication network or are strictly used by the provider required by the member or the user to provide this service””. This type of cookies allows some website sections to work properly. The technical cookies relevant to the technical services will always be used and sent unless the user changes some settings of his/her own browser. Technical cookies are not used for other scopes.

The Website uses the following technical cookies:

  • Navigation Cookies: allows the normal use and navigation of the Website, they are                             memorised in the user’s PC for technical and functional needs and they optimise the                                    user’s navigation experience. They are deleted at the end of the session when the                               browser is closed.
  • Analytic cookies: they are used to collect and gather, anonymously, statistic                                            information relevant to the users’ number and the navigation methods to improve                           the use of the Website and make the content more interesting and specific to the                               users themselves. The analytical cookies are sent either by the website or by third                                      party domains.
  • Functionality cookies owned also by third parties: they allow the user to navigate the                          website in accordance with a few selected criteria (i.e. language, products                                     selected for the purchase) in order to improve the provided service.

This type of cookies doesn’t need the user’s authorisation for being installed and used. 

 

Proliferation cookies

The proliferation cookies, also belonging to third parties, are used to create user profiles and send advertising messages relevant to the preferences that the user has shown during his/her navigation.

As these cookies are highly invasive, the users are informed about their use and are asked for their authorisation. 

 

Cookies from third parties

During navigation, the user can also receive cookies that are sent by websites or web servers that belong to “third parties” and where some elements (such as images, maps, sounds, specific link to pages of other domains) are present. A few third party cookies are installed on the Website.

The following is the detail of the cookies from third parties as well as the links that the user can either enable to ask for further information or disable.

 

 

[TABELLA – VEDI SITO CHIARAFERRAGNI]

 

Partner

Name

Cookie Policy Link

How to deactivate them

Cookies Characteristics

FloodLight

DSID

Link

You can disable FloodLight by changing your browser settings

Profile | Third party

FloodLight

IDE

Link

You can disable FloodLight by changing your browser settings

Profile | Third party

FloodLight

id

Link

You can disable FloodLight by changing your browser settings

Profile | Third party

Facebook

_ga

Link

Link

Profile | Third party

Facebook

c_user

Link

Link

Profile | Third party

Facebook

cms

Link

Link

Profile | Third party

Facebook

fr

Link

Link

Profile | Third party

Facebook

lu

Link

Link

Profile | Third party

Facebook

s

Link

Link

Profile | Third party

Facebook

sb

Link

Link

Profile | Third party

Facebook

xs

Link

Link

Profile | Third party

Facebook

datr

Link

Link

Technical | Third party

Google Analytics

_ga

Link

You can disable Google Analytics by changing your browser settings

Technical | Third party

Google Analytics

_gat

Link

You can disable Google Analytics by changing your browser settings

Technical | Third party

 

 

Social Network cookies

These cookies allow the user’s social account to interact with the Website. They allow the users to show their preferences and share them with other social network friends. The social network cookies are not necessary for the navigation. For further information relevant to the use of the cookies by Social Networks, see social network privacy and cookie policy:

 

Facebook: http://www.facebook.com/about/privacy/

Google+: http://www.google.com/intl/it/policies/privacy/

Twitter: http://twitter.com/privacy

Instagram: https://instagram.com/legal/cookies/

YouTube: https://www.youtube.com/static?template=privacy_guidelines

 

 

Authorisation of processing and managing cookies

By continuing the Website navigation, the user accepts this Informative Note and authorises the processing of his/her personal details in accordance with the rules given above.

 

However, the user can always refuse his/her authorisation of using cookies by changing the browser’s settings.

 

At any time, the user can set the browser to either accept all cookies or refuse them or disable their use by the Website.

 

Moreover, the user can set the browsers’ preferences is order to be informed of any time that a cookie is memorised by his/her PC.

 

After each navigation session, it is possible to delete all collected cookies from the hard disk.

Each browser has different procedures for managing the setting and deleting the cookies installed in the cookies folder of the used browser.

 

How to disable the cookies by configuring the browser:

Each browser has different procedures to manage the settings. The user can get further information by following the instructions below:

 

Mozilla Firefox:

                                   Select “Instruments” menu, then “Options”

                                   Click “Privacy”

For further information, visit the dedicated page.

 

Microsoft Internet Explorer:

                                   Select “Instruments” menu, then “Internet Options”

                                   Click “Privacy” (or “Confidentiality”)

                                   Select the privacy level you want by using the cursor.

Chrome:

                                   Select “Instruments” menu, then “Settings”

                                   Click “Show Advanced Settings”

                                   Click “Contents settings” from the “Privacy” section.

For further information, visit the dedicated page.

 

Opera:

                                   Select “File”, then “Preferences”

                                   Click “Privacy”.

 

The third party cookies can be disabled by other methods provided by the company that controls their processing as it is given in the links of the paragraph “cookies from third parties”.

 

For further information, visit the dedicated page.

 

In accordance with article 122, 2 paragraph, of Law Decree 196/2003 and the provision “Singling out the simplified methods for the information and acquisition of the authorisation of the use of cookies, 8th May 2014, issued by the Official Gazette no. 126 of 3rd June 2014, this page can be visible by the link at the bottom of all pages of the Website.

 

For other information relevant to the processing of the user’s personal details, see the Privacy Policy which is part of this informative note relevant to cookies.

 

 

 

PAYMENT

Payments and Security.

 

foam beachwear.com accepts many different payment methods, all of which are totally safe. The payment details are collected via a codification system (SSL) and the server on which transactions take place is certified by VeriSign.

Credit Card Payments

You can pay for your order by credit card or debit card.

All transactions are controlled and managed by GlobalCollect.

 

PayPal payments

PayPal is a completely safe online method of payment that permits you to pay for orders by directly accessing your PayPal account. The data concerning your account and any information on your credit card are managed directly by PayPal, which simply provides us with a communication, via e-mail, after the payment is made.

 

 

 

RETURNS

Right to withdrawal

If you are not satisfied with your order, you may exercise the right of withdrawal within 14 days from the date you receive the consignment (the days are calculated from the proven date of delivery). The products must be returned intact and in the same conditions and modality in which they were received strictly within the package sent by the Seller, as specified in this art. 6 of the General Terms and Conditions of Sale.

 

Return an item

Contact FOAM BEACHWEAR by email at info@foambechwear.com or from the “Contact” page and wait for the confirmation email.

Once you’ll have received the return confirmation e-mail, ship the products to be returned to:

FOAM BEACHWEAR

 

Via Coppino 215, 55049,

Viareggio (LU),

Italy

C.F. GLIMNC59D42G702P

P.IVA 02509350464.

 

The shipping cost of the return must be paid by the customer.

The responsibility of the package delivery is held upon the customer.

 

Dispatch method and costs

You will be constantly updated by email.
Remember that FOAM BEACHWEAR will not change the products, only refund the cost of the returned items, when applicable.

The refund for the products will be made based on the payment method used by you to complete the purchase or in the form of credit, at the discretion of FOAM BEACHWEAR, within 30 days at latest, from the refund confirmation e-mail written by FOAM BEACHWEAR.

For further information regarding how to apply for a return, you can check our legal area.

 

SHIPPING

Costs and shipment times

The Shipping is free on all orders.

 

The evasion time can be up to 30 days.

 

Custom Taxes

The customer is responsible for the payment of customs taxes and the amount is calculated according to the law applicable in the country where goods are sent.

We don’t know the amount of customs taxes that will be communicated to you by the carrier after the goods have reached their destination.

In the event that the taxes are not paid and the shipment is refused or abandoned as a result, the shipment expenses and the customs taxes will be deduced from the total amount of the order and only the difference will be reimbursed.

 

UGC TEMS OF USE

General Conditions of Generated Content

 

      1          The physical and/or legal person who directly or indirectly – also by sending specific hashtags including responding to comments within Instagram with the hashtag #foambeachwear – authorised the communication and/or publication or dissemination of a personal contributed material, of any form or nature and of any form (including, but not limited to: images, photographs, videos, sounds, music, texts, writings and works of any kind) by FOAM BEACHWEAR, transfers to said FOAM BEACHWEAR , irrevocably, non-exclusive, free of charge and free of any royalty, any and all rights to economic exploitation, including author’s property rights and rights connected relating to said contributions (hereinafter “Authorised Contributions” and/or “Authorised Contribution”), with the right to sublicense, and declares to be solely responsible for the Authorised Contributions as well as warrants to have the rights and the legal capacity to accept these General Conditions of Generated Contents within its jurisdiction that, in fact, is agreed to. 
To this end, the Grantor expressly acknowledges towards FOAM BEACHWEAR , the sole right to use the Authorised Contributions, to decide when to use them or remove them in whole or in part, being FOAM BEACHWEAR and its assignees, the only parties entitled and qualified for such work, without any time limits. 
These rights are granted worldwide and for any use and economic exploitation. All Authorised Contributions will be considered of a non-confidential nature. To this effect, FOAM BEACHWEAR, will be entitled to: use, copy, distribute, reproduce, transfer, exploit, edit, process, transform, store in a database, make cuts, changes and/or additions, insert or replace comments and/or captions and/or disseminate such authorised Contributions for any purpose and in the manner and advertising and/or commercial choices FOAM BEACHWEAR and/or its assignees deem appropriate (such as, for example but not limited to, by reproduction and publication of contributions through the social channels Facebook, Instagram, brochures, magazines, albums, collections, products, etc., as well as commercial initiatives). To this end, the Grantor also authorises FOAM BEACHWEAR and its assignees to match/ link, directly or indirectly, the Authorised Contributions to sales and promotional activities, the image and distinctive marks of FOAM BEACHWEAR and/or its assignees (subject to the moral rights of the Grantor). 

 

      2          The Grantor declares that the Authorised Contribution is original and exclusive work and that the same:

  • It was not drawn by derivation from any work of third parties without their consent;
  • does not violate or may violate any copyrights, trademarks or other intellectual or industrial property rights of third parties;
  • does not violate or may violate in any way the property or personal rights of third parties, having among other things, from any third parties (or whoever has ownership) in any way involved in the contribution, received all necessary authorisation and/or specific consent in the foregoing;
  • does not violate any provision of law, including therein, without limitation, the provisions of Law no. 633/1941 and subsequent amendments and additions, of Legislative Decree 30/2005 – Code of Industrial Property and its subsequent amendments, of Legislative Decree 196/2003 – Privacy Code;
  • is not obscene, racist, abusive, harassing, threatening, discriminatory, or otherwise contrary to public order or public morals in force; undertaking to indemnify FOAM BEACHWEAR and its assignees for each event that one or more of such representations and warranties prove to be actually false or inaccurate.FOAM BEACHWEAR and its assignees will also have the right to disclose the identity of the Grantor to any third parties who claim that the Authorised Contributions constitute a violation of their intellectual property rights and/or assets and/or industrial and/or their moral rights and/or their privacy and/or any other rights provided by law.

 

      3          FOAM BEACHWEAR and/or its assigns, shall not be liable in relation to the violation of the rights of the Grantor and/or third parties arising directly or indirectly from the use, in any form and way, of Authorised Contributions, in any case, by way of contractual liability, tort (including, as an example but not limited to, due to negligence or violation of the law) with respect to: i) financial losses (including, as an example but not limited to, any damage emerging, loss of revenue, current or anticipated profits, contracts, business, anticipated savings or opportunities); ii) loss of reputation; iii) consequential or indirect damages suffered by the Grantor or third parties.

 

      4          FOAM BEACHWEAR and/or its assignees, is not be liable for Authorised Content not endorsed.FOAM BEACHWEAR and/or its assignees shall have no obligation to pre-screen, monitor, edit or remove any Authorised Content.

 

      5          The Grantor agrees to be liable to FOAM BEACHWEAR and/or its assignees, to defend themselves (at the request of Serendipity Srl and/or its assignees), to indemnify and hold harmless the same from all costs, direct and indirect damages, expenses, losses, including any legal costs and in relation to any claim and/or claim and/or action which could be made in any court by third parties, including therein, public authorities, administrative and state bodies, due to any dispute arising out of, or in any way related to, the use of the Authorised Contribution by FOAM BEACHWEAR and/or its assignees and declarations and the guarantees provided by the Grantor with these General Conditions of Generated Content.
If required by FOAM BEACHWEAR and/or its assignees, the Grantor will cooperate fully in the defence of any claim. FOAM BEACHWEAR and/or its assignees reserve the right to assume the exclusive defence and control of any matter subject to indemnification by the Grantor which must not, however, resolve any complaint without the prior written consent of FOAM BEACHWEAR and/or its assignees.

 

      6          If any provision of these General Conditions of Generated Content is deemed unlawful, void or for any reason inapplicable and/or unenforceable, said provision shall be deemed severable from these General Conditions of Generated Content and shall not affect the validity and enforceability and/or effectiveness of the remaining provisions. The non-implementation or failure to exercise, at any time or for any period, of any provision of these General Conditions of Generated Content shall not constitute a waiver of such provision, or be construed as such, and It shall not affect the right to enforce such provision thereafter or any other provision contained therein.

 

      7          These General Conditions of Generated Content are exclusively subject to Italian Law; any and all disputes that may arise from the interpretation and/or execution of these General Conditions of Generated Content will be subject to Italian Jurisdiction and will be under the exclusive jurisdiction of the Court of Rome, or the relevant competent Division Specialising in Industrial and Intellectual Property in case the dispute involves industrial and/or intellectual property rights, with the agreed express exclusion of any other competing or alternative Jurisdiction and/or Law and/or Court.

 

      8          In case of discrepancy between the Italian text and text in another language of these General Conditions of Generated Content , the Italian version shall prevail.

 

      9          These General Conditions of Generated Content constitutes the entire agreement between the Grantor and FOAM BEACHWEAR and/or its assignees regarding the use of the Authorised Content, superseding any potential prior agreement between the Grantor and FOAM BEACHWEAR and/or its assignees.