1. Purpose of the General Terms and Conditions of Use
The Website is an e-commerce website that provides a platform for the sale of leather-goods accessories, handbags and luggages to internet users browsing the Website.
Access to the Website and use of the Website content are governed by these GTCU.
The purpose of these GTCU is to establish the terms and conditions for use of the Website and the user’s rights and obligations.
Please read these GTCU carefully before using this Website. By accessing the Website, you agree to comply with these GTCU, which apply to all of the services available on the Website, each time you visit the Website.
Accordingly, you must agree to these GTCU in their entirety, without reservation, before using the Website. If you do not, you shall not use the Website.
TOMAS THAN retains the right to update or modify the information and content of the Website, including these GTCU, without notice, at any time. Any change will take effect from the time of publication. Such changes are deemed to be agreed to, without reservation, by any user who accesses the Website after the changes are published online. We advise you to reread the GTCU regularly in order to stay informed of any such changes. Nonetheless, you will be notified of any substantial change.
2. Access to the website
By using this Website, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Website and agree to these GTCU. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these GTCU and to fully indemnify and hold harmless TOMAS THAN if the Minor breaches any of these
GTCU. If you are not at least 13 years old, you may not use the Website at any time or in any manner or submit any information to TOMAS THAN or the Website.
TOMAS THAN provides content through the Website that is copyrighted and/or trademarked work of TOMAS THAN or TOMAS THAN’s third-party licensors and suppliers or other users of the Website (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these GTCU, and your compliance with these GTCU, TOMAS THAN hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Website solely for your personal use. Except for the foregoing license, you have no other rights in the Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Materials in any manner.
If you breach any of the terms of these GTCU, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Charges for access to and use of the telecommunication network shall remain the responsibility of the user, under the terms and conditions determined by access providers and telecommunications operators.
If applicable, you agree to pay all fees or charges to your account based on TOMAS THAN’s fees, charges, and billing terms in effect as shown on the PAYMENT PAGE and contained in the General Terms and Conditions of Sale (GTCS). If you do not pay on time or if TOMAS THAN cannot charge your credit card, PayPal or other payment method for any reason, TOMAS THAN reserves the right to either suspend or terminate your access to the Website and account and terminate these GTCU. You are expressly agreeing that TOMAS THAN is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Website, and thereafter at regular intervals for the remainder of the term of these GTCU. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that TOMAS THAN may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
4. Electronic communications
By using the Website and/or the services provided on or through the Website, you consent to receiving electronic communications from TOMAS THAN. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or services provided on or through the Website. These electronic communications are part of your relationship with TOMAS THAN. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. Intellectual property
All documents, information, texts, graphs, images, photographs or any other content published on the Website are the exclusive property of TOMAS THAN. Therefore, pursuant to article 1 of the Copyright Law No. 633 of April 22 1941, they may not be reproduced, exploited or used for any purpose whatsoever, without TOMAS THAN’s prior written authorization.
Article 1 of the Copyright Law No. 633 of April 22, 1941 provides, in fact, that "are protected under this law the intellectual works of a creative nature that belong to literature, music, figurative arts, architecture, theater and film, whatever the mode or form of expression".
TOMAS THAN is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of TOMAS THAN and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to TOMAS THAN.
7. Obligations of the User
You agree not to use or permit the misuse of the Website or the use of the Website for unlawful, fraudulent or malicious purposes, in particular, but without limiting the generality of the foregoing:
by hacking the Website or introducing malware, including viruses, or harmful data into the Website or any operating system;
(b) by using a web crawler or any other system, device or program (whether automated or otherwise) to extract data or information from TOMAS THAN’s Website or servers;
(c) by sending or storing documents containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(d) by interfering with or damaging the integrity or performance of the Website and the data it contains;
(e) by attempting to obtain unauthorized access to the Website or to its associated systems or networks;
or (f) by attempting to obtain unauthorized access to the accounts or personal information of other users.
This list of prohibitions provides examples and is not complete or exclusive. TOMAS THAN reserves the right to terminate access to your account for any action that TOMAS THAN determines is inappropriate or disruptive to this Website or to any other user of this Website.
TOMAS THAN may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TOMAS THAN’s discretion, TOMAS THAN will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Website may violate certain laws and regulations.
You agree to indemnify and hold TOMAS THAN and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) TOMAS THAN or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Website (including without limitation, your participation in any posting areas) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
8. Liability of TOMAS THAN
Disclaimer of Warranties
Your use of the Website is at your own risk. The Materials have not been verified or authenticated in whole or in part by TOMAS THAN, and they may include inaccuracies or typographical or other errors. TOMAS THAN does not warrant the accuracy of timeliness of the Materials contained on this Website. TOMAS THAN has no liability for any errors or omissions in the Materials, whether provided by TOMAS THAN, our licensors or suppliers or other users.
TOMAS THAN, for itself and its Licensors, makes no express, implied or statuary representations, warranties, or guarantees in connection with this website, the Services, or any Materials relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this Website, including without limitation the materials. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Website, the services, and the Materials, and any information or material contained or presented on this Website is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third- party rights. TOMAS THAN does not provide any warranties against viruses, spyware or malware that may be installed on your computer. Additionally, TOMAS THAN does not guarantee the continuous operation of the website or warrant that it will be free of bugs or viruses. In this regard, the user represents that he or she agrees to the characteristics and limitations inherent to the internet.
Limitation of Liability
TOMAS THAN shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this Website. To the maximum extent permitted by applicable law, in no event shall TOMAS THAN be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if TOMAS THAN knows there is a possibility of such damage.
9. Availability; Maintenance
TOMAS THAN will make its best efforts to maintain the Website at a reasonable level of functioning and availability. TOMAS THAN reserves the right to limit access to the Website and use of the Website by the user at any time, without notice, in order to carry out maintenance or make changes. TOMAS THAN shall not be liable in the event that access is interrupted as a result of such maintenance or update.
If you send or transmit any communications, comments, questions, suggestions, or related materials to TOMAS THAN, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, any services offered through the Website or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non- proprietary. You hereby assign all right, title, and interest in, and TOMAS THAN is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that TOMAS THAN is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
11. Applicable law; Language
These GTCU are governed by and subject to Italian law, as provided for in article 4, letter e) of Legislative Decree No. 70 of 2003.
Indeed article 4, letter e) of Legislative Decree no. 70 of 2003 provides that parties are free to choose the law applicable to the signed contract.
These GTCU are written in English. In the event that they are translated into another language or languages, the English text alone will be authoritative in the event of a dispute.
TOMAS THAN prefers to advise you if TOMAS THAN feels you are not complying with these GTCU and to recommend any necessary corrective action. However, certain violations of these GTCU, as determined by TOMAS THAN, may result in immediate termination of your access to this Website without prior notice to you.