General Terms of Conditions of Use of Our Site

Last Updated October 26, 2022

Welcome to the United States section of the website www.ballerette.com (the “Site”). These terms and conditions of use (the “Terms of Use”) govern access to, and use of, the Site and the content and services available on the Site (the “Services”).

Access to and use of the Site and/or the Services, as well as the purchase of products on the Site, are based on the assumption that you have read, understood and accepted these Terms of Use in addition to the General Terms and Conditions of Sale, Privacy Policy, Cookie Policy and any other rules and regulations posted on our Site (collectively referred to as the “Site Policies”). All Site Policies are incorporated in these General Terms of Use by this reference. By using the Site, you agree to comply with and be bound by these General Terms of Use and the other Site Policies. If you do not agree to the Site Policies, please do not use the Site.

We reserve the right, in our sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Site and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Site by you after such modifications have been posted constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Site or Services.

1. General. The Site is the property of the Ballerette group of companies and is designed, operated, and administered by Castel S.r.l., an Italian limited liability company whose registered office is Via Barletta 29, Rome, ITALY (hereinafter “Ballerette”, “we”, “us”, or “our”, as context may require.)

Purchases made through the Site by customers in the United States are processed and fulfilled by Ballerette US Corp, a Delaware corporation having an address at 555 Fifth Avenue – 14th Floor, New York, NY 10017.

 

The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Site and/or Services or for unauthorized purposes, including, but not limited to, marketing. 

 

2. Personal Use Only. Access to and any use of the Site or Services, including viewing the website pages, communicating with Ballerette via our forms, downloading product information and purchasing products on the Site, are all activities to be carried out exclusively for personal use with no connection to any commercial, business or professional activity.

 

3. User Registration; Termination of Account. You may register for, or subscribe to, our Site and Services as available from time to time on the Site. When registering for, or subscribing to, the Site and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will continue to receive our messages and to prevent Ballerette from inadvertently contacting third parties. 

 

You are solely responsible for the safekeeping and correct use of your personal information, including your password or any credentials that allow access to reserved Site Services, as well as for any detrimental consequence or harm that may arise as a result of incorrect use, loss or theft of such information.

 

Ballerette is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Ballerette receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. 

 

Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Ballerette will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Site and to the Services.The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes. 

 

4. Compliance with Laws.  You may not use the Site or Services for any illegal or unauthorized purpose or utilize the Site or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Site and/or Services or to surreptitiously intercept any communications, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site or Services in any way. 

 

All responsibility for any damage to computer systems or loss of data resulting from downloading operations, with any method or any material from the Site, falls on the user and cannot be attributed to Ballerette.

 

5. Submissions. Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Site, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Ballerette is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Ballerette is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a submission allegedly in violation of these Terms of Use, Ballerette may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Ballerette will have no liability or responsibility to users for performance or nonperformance of such activities. Ballerette may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 

 

6. Privacy. By using the Site or the Services, or by uploading or providing any personal information to Ballerette, you agree to the terms of our Privacy Policy, which explains how Ballerette treats your personal information and protects your privacy when you use the Site and the Services. Please read the Privacy Policy

 

7. Intellectual Property Rights. The contents of the Site, such as, by way of example, works, images, photographs, dialogues, music, audio and videos, documents, drawings, figures, logo and any other material, in any format, including menus, website pages, graphics, colors, charts, tools, Site fonts and design, diagrams, layouts, methods, process, functions and software which are part of Ballerette.com (the “Contents”) are protected under domestic and foreign intellectual property laws. Ballerette and/or its affiliates hold all rights and/or licenses in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works I any form or by any means without the prior written permission from Ballerette. Any special rules for the use of other items provided on the Site may be included elsewhere within the website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purposes is prohibited. All rights not expressly granted herein are reserved to Ballerette.

 

As a user of the Site, you are solely authorized to view the Site and the Contents; you are also authorized to carry out all those other temporary acts of reproduction, which have no economic significance of their own and are considered transitory or accessory and an integral and essential part of viewing the Site and its Contents, as well as other legitimate browsing operations. You are not authorized to wholly or partially reproduce the Site and/or the Contents on any support with any means and in any form. Any type of reproduction must be authorized beforehand by Ballerette on a case-by-case basis (depending on the case), as well as by any other person who can be legitimately classified as the author of a work on the Site or which constitutes a form of Content. Said reproduction must, however, be carried out for legitimate reasons and in compliance with the copyright and intellectual property rights. The authors of individual works on the Site have, at any time, the right to claim authorship of their works and to object to any distortion, mutilation or any other modification of the works, including any action which damages their works or compromises their honor or reputation. You undertake to respect the copyright of the artists who have decided to publish their works on the Site and have collaborated in the creation of new expressive and artistic forms intended to be published, even in a non-exclusive manner, on the Site, or, in any case, form an integral part of it or which constitute as Content. You are, under no circumstances, authorized to use, in any way, time and form, the Contents and any single work relating to the Site that is protected by copyright or any other applicable intellectual property right, in violation of the provisions above, of said copyright/intellectual property rights or applicable regulations.

 

8. Trademarks and Domain Names. All the distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used for the sole purpose of distinguishing, describing and advertising the products for sale. Ballerette, and its licensors, and all the other owners of registered trademarks have the exclusive right to use the trademarks of their respective ownership. Any use of these trademarks that does not comply with the law, if unauthorized, is prohibited and entails serious legal consequences. It is strictly prohibited to use the above-mentioned trademarks and any other distinctive signs on the Site to take unfair advantage of the distinctive character or reputation of these distinctive trademarks or signs, or to negatively affect them or their owners.

 

9. Links to Third-Party Sites. The Site may contain hyperlinks (“Links”) to other websites which have no connection to the Site. Ballerette does not control or oversee these websites and/or their contents. Ballerette cannot be held responsible for the contents of these websites, nor for the rules adopted by them concerning your privacy and processing of your personal data when you are browsing the websites. No document or Content published on the Site is applicable to third party websites. You are, therefore, requested to exercise caution when you connect to these websites through the Links and carefully read their terms and conditions of use and the relevant privacy regulations, as well as any documentation with legal relevance published by them. The activation of the Links does not imply any recommendations or warnings for accessing and browsing these websites, nor any guarantee regarding their contents, services or the goods supplied by them and sold to Internet users.

 

10. Links to the Ballerette Site. Anyone interested in activating Links to the home page or other web pages of the Site, which are accessible to the public, is requested to contact Ballerette through our Contact Us The activation of Links may be granted by Ballerette free-of-charge or by payment and in a non-exclusive manner. Ballerette, at its sole discretion, has the right to oppose the activation of Links to the Site, for example, if the applicant has in the past adopted unfair commercial practices or deemed non-compliant with industry practices or actions of unfair competition, or when the applicant, in the past, has adopted, or there is a risk that he/she may adopt actions in the future, which may discredit Ballerette. In any case, the activation of deep hyperlinks (such as deep frames or deep links) to the Site and/or the unauthorized use of meta-tags, as well as carrying out web scraping practices of the Site and its Contents, are prohibited without Ballerette’s prior written consent.

 

11. Warnings about the Contents. Ballerette has taken every precaution to prevent the publication of Contents that describe or represent scenes or situations of physical or psychological violence or which, based on the common sensitivity of the users of the Site, could be considered harmful to civil beliefs, human rights or dignity of people, in all its forms and expressions. In any case, Ballerette does not guarantee that the Contents and the Site and/or Services are appropriate or lawful in countries outside of the United States. However, if the Contents are deemed unlawful or illegal in some of these countries, you are requested to avoid accessing the Site from such places and if you choose, in any case, to access them, we inform you that the use you decide to make of the services provided by Ballerette.com will be your sole and personal responsibility.

 

12. EXCLUSION OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BALLERETTE PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS SITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY), ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS SITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 

 

BALLERETTE WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS ACCURATE AND UP TO DATE. HOWEVER, BALLERETTE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND BALLERETTE MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. BALLERETTE RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY. 

 

13. LIMITATION OF LIABILITY.

 SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 

YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE SITE. BY USING THE SITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE SITE. 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS SITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 

 

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 

 

14. Indemnification. To the extent permitted by applicable law, you agree to indemnify and hold Ballerette, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to your use of the Site, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use. 

 

WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH BALLERETTE AND ITS DESIGNEES DEFENSE OF THESE CLAIMS, DEMANDS AND ACTIONS. 

 

15. Choice of Law and Forum. The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Use, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely in the City of New York, State of New York.

 

16. General Provisions.
    1. The headings used in this agreement are for reference purposes only and do not have contractual or binding effect. 
    2. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision. 
    3. The terms and conditions set forth herein (and in the relevant Site Policies) constitute the entire agreement and understanding between you, the user, and Ballerette with respect to the subject matter set forth in the Site and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Site and/or Services, including but not limited to any statements of policy or answers to frequently asked questions. 
    4. Ballerette’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.