GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

These general terms and conditions govern the use of the website www.ballerette.com (the "Website"), owned by Castel S.r.l., a limited liability company whose registered office is in Rome, Via Po n. 9, VAT registration no. 12984611009 (hereinafter, "Castel").

By accessing and using the Website, you acknowledge having read, understood and fully accepted these General Terms and Conditions of Use, as well as the General Terms and Conditions of Sale.

If you require assistance, please visit the Customer Service section of the Website, where you will find information about orders, shipments, refunds, returns and registration with the Website, as well as useful tips and other general information on the services provided by Castel.

Further information is available in the General Terms and Conditions of Sale and the Information Note on the Processing of Personal Data.

Castel reserves the right to amend or update these General Terms of Use from time to time, whether in whole or in part.

Such amendments and updates shall be effective and binding upon publication on the Website. We therefore suggest that you regularly visit this section to make sure you are well acquainted with the latest version of these General Terms of Use.

If you do not agree to all these General Terms of Use, you may not access the Website. In accessing and using the Website - which include viewing its pages, communicating with Castel, downloading product information and purchasing products on the Website - users shall act for purely personal purposes unrelated to any commercial, business or professional activities, unless otherwise agreed on a case-by-case basis.

Each user is fully and solely responsible for accessing the Website and using its contents.

Under no circumstances shall Castel be held responsible if someone uses the Website in a way that does not comply with the terms and conditions hereunder. In particular, you will be fully liable for providing data that are incorrect or false, or information pertaining to third parties that have not given their consent, as well as for the unlawful use of such data and information.

Moreover, any and all liability for any damages caused to computer systems or losses of data resulting from downloading operations lies with the user, and may not be attributed to Castel.

Castel declines all liability for any damages deriving from the impossibility of accessing the Website or the services offered therein or for damages caused by computer viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems related to networks, providers or telephone and/or online connections, unauthorised access, alteration of data, faulty and/or non-functioning of the user's electronic equipment.

The user is responsible for properly storing and using his/her personal information, including the credentials required to access reserved services, and is liable for any harmful consequences or damages that may be caused to Castel or third parties as a result of the loss, removal or improper use of that information.

1. Privacy policy
Users are invited to carefully read the Information Note on the Processing of Personal Data, which is applicable every time the Website is accessed and its services used, irrespective of whether any products are purchased. The Information Note explains how and why Castel collects and uses the personal data of its customers and website users.

2. Intellectual property rights
The contents of the Website, such as, inter alia, works, images, photographs, dialogues, music, sounds, videos, documents, drawings, illustrations, logos and all other material, in any format, published on the Website, including menus, web pages, graphics, colours, frames, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software forming part of the Website, are protected by copyright and other intellectual property rights held by Castel or by third-party licensors.

Any reproduction of the Website, its contents, and/or parts of the same, in any form whatsoever, is strictly prohibited without the prior written consent of Castel. Castel has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent, total or partial reproduction of the Website and its contents, in any form or by any means.

Users are authorised to view the Website and its contents. In this perspective, users may carry out temporary acts of reproduction of a non-commercial nature that are transitory and connected or essential to viewing the Website and its contents, as well as perform all other operations required to navigate the Website and use its contents in a legitimate manner.

On the other hand, users are not authorised to copy, in full or in part, the Website and/or its contents onto any medium. Any such copying must be authorised, on a case-by-case basis, by Castel or, if applicable, by the authors of the materials contained in the Website.

Moreover, any such copying must in any case be performed for legitimate purposes and in compliance with copyrights and other intellectual property rights held by Castel (or its third-party licensors). The authors of individual works published on the Website shall at any time have the right to claim authorship and object to any modification of said works " including any damage caused to the same " which may prejudice their reputation.

3. Trademarks and domain names
Castel is the sole holder of the "BALLERETTE" and "TT" trademarks and logos, of the "ballerette.com" domain name, and of any other distinctive mark that includes the word "Ballerette" or the "TT" logo. Users are not authorised, without the prior consent of Castel and any other holder of intellectual property rights and/or registered trademarks published on the Website, to use said distinctive marks or other content covered by copyrights. Any unauthorised use of third-party trademarks is prohibited and will lead to serious legal consequences. Under no circumstances is it permitted to use said trademarks and any other distinctive marks shown on the Website so as to unduly benefit from their distinctive nature or reputation.

4. Links to other websites
The Website may contain hypertext links to third-party websites that are not connected in any way to Castel. These websites are governed by conditions of use and privacy policies other than the ones set forth herein and unrelated to Castel.

The presence of the aforementioned links on the Website does not indicate any recommendation or encouragement on the part of Castel to access and use the websites, nor does it indicate any endorsement or guarantee as regards their contents and/or the services or goods offered therein.

Castel does not control or monitor said websites and their contents.

As a consequence, Castel shall not be held responsible for third-party websites, their contents and their policies, including with regard to the processing of personal data.

Therefore, we encourage you to exercise prudence when accessing third-party websites, whether through the links on our Website or otherwise, and to carefully read their conditions of use and privacy policies.

You should keep in mind that these General Conditions of Use and the Information Note on the processing of personal data on our Website do not apply to third-party websites.

5. Warning on contents
We have taken all necessary measures to prevent the publication on the Website of contents which describe or depict scenes or situations of physical or psychological violence, or which are generally deemed to offend civic values, human rights, and human dignity in all its forms and expressions.

Nevertheless, we cannot guarantee that the contents of the Website are appropriate or lawful in countries other than Italy. Should said contents be deemed illegitimate or unlawful in a particular country, we invite you to refrain from accessing the Website from that country.

If, however, you decide to ignore our warning and access the Website anyway, you should keep in mind that you will be fully responsible for your use of the Website.

We have also taken all precautions to ensure that the Website contents are accurate and up-to-date, both when first published and at a later date. However, we assume no responsibility for the accuracy and completeness of the information posted on the Website.

Furthermore, Castel cannot guarantee that the website will operate on a continuous basis, without interruptions, errors or malfunctions caused by the Internet connection.

For any problems encountered when using our website, please contact our Customer Service at customer.care@ballerette.com. A Castel representative will be available to provide assistance and, where possible, help you restore your access to the Website. Castel reserves the right to perform maintenance operations and update the Website at any time and without notice, including when that may result in some users being unable to access the Website, whether temporarily or permanently.. Castel has taken adequate technical and organisational measures to safeguard the security of the services it provides via the Website, protect the integrity of traffic data and electronic communications vis-a-vis illegitimate, and prevent the dispersion, destruction and loss of data and confidential and non-confidential information regarding its users and customers, as well as any unauthorised or unlawful access to said data and information.

6. Forum; contents uploaded by third parties
Some sections of the Website give registered users the possibility of uploading their own contents, in the form of comments, questions, recommendations, articles, images, posts, etc. You are authorised to use those services only if you agree to all the General Terms and Conditions of Use. If you do not agree to the Terms and Conditions, you are not authorized to use the services and you must leave the Website immediately. Only registered users will be able to access services relating to content uploading.

The User undertakes:

  • not submit and/or post to the Website, or any other web space connected to it, any material that is against the law and/or moral standards and/or public order;
  • not to use the available web space for uses and/or purposes that are directly and/or indirectly against the law and/or moral standards and/or public order;
  • not to submit and/or post pornography, child pornography and/or material that is in any case obscene, vulgar, defamatory or abusive, including expressions of fanaticism, racism, hatred, irreverence, or threats;
  • not to submit, upload, transmit, communicate to the general public and/or otherwise make accessible materials and/or messages that encourage or may encourage third parties to commit unlawful and/or criminal acts;
  • not to submit and/or upload software, information or any other material containing viruses or harmful components;
  • not to engage through the Website in gambling, competition, gaming or other activities which entail a participation fee;
  • not to insert links or hidden files; not to use the Website as an archive for files or images of any kind;
  • not to infringe any Italian or foreign laws;
  • not to submit direct, indirect and/or subliminal ads and/or promotional messages encouraging others to refrain from using the Website and having direct and/or indirect commercial purposes;
  • not to submit materials that may violate intellectual and/or industrial property rights, moral rights, copyrights and/or rights relating to the protection of personal data of third parties, or that can be construed as unfair competition against third parties

In general, the User shall take the utmost care in choosing the information he/she publishes on the Website, post on other sites connected to the Website, or provides, whether directly or indirectly, to other Users. Any actions and/or behaviour violating the provisions herein set out are prohibited and Castel reserves the right, at its own discretion, to limit, suspend or prevent the access of one or more users to the Website, or other web spaces connected to, at any time. The User grants to Caste and its assignees an unlimited, irrevocable, royalty free and perpetual licence to use, copy, modify, transmit, and publicly distribute texts, files, intellectual creations or other materials (hereinafter referred to collectively as the "Contents") published or shared by the user through the Website or other sites connected to it.

The user hereby declares and guarantees that warrants and represents the following:

  • he/she is the owner of the Contents published or shared by the user through the Website or other sites connected to it, or in any case the legitimate holder of the right to grant the above licence;
  • publication or sharing of the Contents on the Website or other sites connected to it does not violate any rights relating to privacy, confidentiality, intellectual property, including copyrights, or any other right of third parties.

If a user decides to stop participating in the activities available on the Website, he/she will have no right to request that the materials he/she has published or shared be deleted. Castel reserves the right to erase or to avoid using the Contents, as well as to take into consideration any legitimate requests to remove them from the Website. Such requests must be submitted to the Customer Service.

7. Disclaimer
Neither this Website, nor any other web site connected to it, is a newspaper, since it is not updated on a regular basis. Therefore, it cannot therefore be considered as an "editorial product". Some of the images shown on this Website may have been found on the Internet. Should their publication be in breach of any copyright, please report this fact to the Customer Service and we shall remove them immediately.

8. Our business policy
Castel reserves the right not to process orders, requests or uploads submitted by persons who cannot be identified or do not comply with its business policy.

9. Applicable law
These General Terms of Use are governed by Italian law.