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TERMS OF USE

TERMS OF USE FOR THE WEBSITE www.canali.com

The website www.canali.com (“Website”) operated by the Canali Companies, as further described in the specific legal documents available on the Website, and owned by:

CANALI S.P.A. UNIPERSONALE (hereinafter also “CANALI”)

Via Lombardia 17/19
20845 – SOVICO (MB) – ITALY
Economic and Administrative Index (R.E.A.) No. 432308
Taxpayer Identification Code, and registration with the Monza e Brianza Company Register No. 00807810155
VAT Code 00694880964
S.I.A.E. 1888/I/1918
You can contact our Customer Service either by phone: 800 98 90 60 (from Italy), 800 94 41 26 (from France), 900 822 593 (from Spain), 800 72 43 457 (from Germany), 800 72 43 457 (from Holland), +39 02 23345 876 (from Other EU Countries), or by e-mail: customer.care[AT]canali.com.
Before continuing with your navigation through the Website, we invite you to carefully read these provisions regulating the use of the Website and any registration to the reserved areas of the Website (“Terms of Use”). There are areas within the Website to which additional and specific conditions may be applicable, therefore, where necessary, said areas shall be regulated also under special terms and conditions, available for users to read.
These Terms of Use are applicable to all the visitors and/or registered users ("User/Users") of the Website, therefore, by accessing or using the Website, you confirm to accept these Terms of Use, together with the remaining legal documentation available on the Website. If you do not agree to these Terms of Use, you must not use our Website.
For the purposes of using the Website, the User gives his/her consent for CANALI to process his/her personal data in accordance with the provisions of the personal data protection policy ("Privacy Policy") and the policy on the use of cookies ("Cookie Policy").
Furthermore, the User acknowledges and accepts that access to and use of the Website, including the display of web pages and images and multimedia content reproduced or referred to therein, constitute activities carried out by the User exclusively for personal purposes unrelated to any commercial, entrepreneurial or professional activity.
If you purchase goods or services from our Website, the current Terms of Use and to the General Conditions of Sale will apply to the sales.

1. Publication and Amendment

These Terms of Use are published on the Website for the purpose of general information and to enable their storage and reproduction by Users.
CANALI reserves itself the right to amend the Terms of Use from time to time to reflect changes to the products, a users' needs and CANALI’s business priorities. The new Terms of Use shall be effective upon their publication on the Website. CANALI will try to give the User reasonable notice of any major changes. If the User continues to actively use the Website after an amendment to these Terms of Use (for ex. by logging in, placing an order, etc.), he/she accepts the amended Terms of Use.

2. Content of the Website and related intellectual property rights

All the rights related to the Website and any part of the content thereof, including script server software, HTML code, layout, photographs, images, drawings, videos, audio, graphics, design and text (“Content”) are owned by CANALI and/or the companies of the group, and/or by third-party licensors thereof, and are protected under national and international copyright law and other applicable intellectual property laws.
All distinctive signs reproduced on the Website or used in connection with it, such as, by way of example, trademarks and domain names ("Signs"), including the trademark "CANALI", the domain name CANALI.COM and all Signs related to the word CANALI, as well as any other Signs reproduced on the Website, are owned by the company CANALI IRELAND LTD, part of the Canali Group and having its registered office at Suite 4.0 Ormond Building 31-36, Ormond Quay Upper, Arran Quay, Dublin 7, D07 F6DC and its administrative office and tax residence at Via Lombardia 17 - 20845 Sovico MB - Italy - P.I. IT 07916460962 and/or Canali Group Companies or CANALI's third party licensors and are protected by applicable laws protecting industrial property rights, including trademark laws, design laws and other laws, regulations and international treaties concerning industrial property rights.
In light of the above, the User acknowledges and accepts that browsing the Website does not grant the User any right to use the Content and Signs, and that such use, in the absence of express written authorisation from CANALI and/or Canali Group Companies and except as may be authorized by law, constitutes an infringement of the intellectual and industrial property rights owned by CANALI itself or by any of its third-party licensors.
Notwithstanding the foregoing, the User may view, send to third parties, print or download copies of the Content in the absence of written authorization from CANALI and/or Canali Group Companies, on a single computer, for personal and non-commercial use only and only on the condition that:
i. all notices pertaining to the ownership of the Content, including copyright, trademark and other intellectual and industrial property notices, are maintained and respected and the Websites are credited as the source of the Content;
ii. the Content is not modified;
iii. the Content is not used in a manner that suggests an association with Canali; and
iv. the Content is not incorporated into any other work or publication.
Without prejudice to the licence governed by this Article, the User acknowledges and accepts that, in no other case, browsing on the Website shall be construed as an authorisation for the Website to use, reproduce or copy, rework, modify, adapt, alter the source code of the Website software, reverse engineer, decompile, disassemble or otherwise operate, in whole or in part, the Website and/or the Content and Signs.

3. Registration and Personal Account

Registration to the Website is optional and not mandatory, including for making purchases. Should Users wish to create a personal area, they will have to register to the Website by accessing the “My Account” area. In order to create a personal account (“Account”), Users must provide an e-mail address and a password for access. Registered Users agree and are responsible for keeping their access credentials confidential, and to control access to their Account. Registered Users shall be responsible for all the activities carried out through the Account, unless they can provide CANALI evidence that the Account is and/or was used by third parties without the Users’ consent. The User shall promptly notify CANALI in writing once he/she becomes aware that his/her Account has been used by a third unauthorized party.
CANALI reserves itself the right to cancel the Account, at any time and without notice, if: (a) it appears reasonable to believe that the User is using the Account in violation of these Terms of Use or for fraudulent or illegal activities, (b) it appears reasonable to believe that a third party is using the Account without the consent of the User, or (c) CANALI requires the cancellation or suspension of the Account for security or maintenance purposes.
Users may also cancel their Account at any time by accessing the My Account area, following the instructions therein indicated.
In any case, this won’t affect the User’s right to terminate for cause.

4. The products

CANALI undertakes to ensure the highest levels of accuracy for all the images and information accessible through the Website, but nevertheless does not provide any warranty as to the accuracy, completeness, or timeliness of the information offered on the Website. In order to purchase the products offered for sale on the Website, the User is requested to read and accept the general terms and conditions of sale.

5. Use of the Website and of the services

By using this Website, the User represents, acknowledges and agrees that he / she is at least 18 years of age. If you are not at least 18 years old, you may not use the Website.
CANALI authorizes Users to access and use the Website solely for personal and non-commercial use, in compliance with these Terms of Use and any applicable law or regulation. It is forbidden to access the Website for any purpose related to the User’s commercial activity, including advertisement or activities generating profit from online advertisement through third-party websites.
The contents of the Website are for general information only and should not amount to any advice on which Users can rely.
Users shall not track or attempt to track any information related to other Website Users.
Users shall not use any automatic or manual process aimed at accessing, acquiring, consulting, copying, or monitoring the Website, the Content, or parts thereof, and the Signs and/or reproduce in any way the structure or layout of the Website, the Content and the Signs, unless permitted by law.
Users may not carry out any activity which may involve an unreasonable or disproportionate load on the infrastructure of the Website or any other system or network connected to the Website.
CANALI reserves the right to amend the Website from time to time, to suspend and to withdraw the Website at any time.
CANALI reserves the right to interrupt or suspend the use of the Website, without notice, if it deems it reasonable to believe that the User is violating or has violated the Terms of Use or in any case for safety reasons.

6. Content and link to third-party websites

The Website may include, use, or display content and information from third-party websites, for the use of which the User is required to refer to the terms of use and all legal documentation relating to such websites. With regard to such third-party content on the Website, including links to third-party websites, the User acknowledges that CANALI does not control or monitor them, and cannot warrant the accuracy, completeness, or timeliness thereof.

7. Social networks

The Website includes functions to connect to social networks operated by third parties. The access and use of the social networks operated by third parties and the services provided through such means are regulated under the terms of use and other legal documentation provided on such websites, to which the User shall refer. The User accepts full responsibility for the correct use of such social networks, and exonerates CANALI from any liability for the violation or infringement of the terms of use of such media.

8. Privacy

In order to provide certain services, the User will be required to provide their personal data.
Therefore CANALI invites the User to always read the Privacy Policy and the Cookie Policy before requesting the supply of any services by CANALI, and, where necessary, to provide their consent to the processing of their personal data.

9. Warranties and liabilities

If you are domiciled or habitually resident in a Country different from Germany, the following applies with regard to CANALI's liability:
CANALI reserves itself the right to withdraw, modify, suspend or interrupt the services it provides through the Website, without prior notice, if, by way of example, the User violates the Terms of Use and/or CANALI takes action necessary to protect the User and/or the Site from hacker attacks, fraud and other unlawful activities carried out by third parties.
CANALI adopts any necessary measure to reduce, as reasonably possible, any risk for the Website to contain any viruses or bugs or malware or malfunctions. However, CANALI does not guarantee that, when accessing or using the Website, the User’s computer device, data, hardware, or other devices/tools (including software) will not suffer any damages, will not be lost or will not be in any other way negatively affected.
In the maximum measure allowed under applicable law and, except in case of wilful misconduct or gross negligence, CANALI declines any liability for any damage, including direct and indirect, damages, deriving from the use of the Website and the Content, including third-party Content, by the User.
If you are domiciled or habitually resident in Germany, the following applies with regard to CANALI's liability:
CANALI is liable in accordance with statutory provisions (i) for intent and gross negligence and (ii) for the negligent breach of obligations, the fulfilment of which is essential to enable the ordinary execution of the agreement, breach of which jeopardizes the achievement of the purpose of the contract and on compliance with which you as a customer may regularly rely on. In the latter case, CANALI is only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our managing directors, employees and vicarious agents.
The aforementioned exclusions of liability do not apply in case of damage of life, body and health, or if CANALI has issued a guarantee for the properties and/or durability of a product. The liability pursuant to the product liability law remains unaffected.

10. Miscellanea

Without prejudice to the methods of communication required by laws, regulations and uses for the purposes of their validity, any communication to CANALI pursuant to or for purposes related to the Terms of Use shall be sent by registered letter with acknowledgement of receipt or e-mail to the addresses indicated above, or by certified e-mail at pec.canali@legalmail.it. Alternatively, the User may use the contact form on the Website, available at the following link: https://www.canali.com/it_it/contattaci.
CANALI may contact the registered User using the data provided by the User in the "My Account" area.
In case of violation of these Terms of Use by the User, any failure by CANALI to enforce these Terms shall not be deemed as a waiver to act against the User on account of the violation of the Terms of Use and the commitments undertaken by User.
The Terms of Use are governed by the laws of Italy excluding its provision on conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In the event that your residence or abode is in a member state of the European Union Italian law applies provided, if you are a consumer, this stipulation is not in conflict with mandatory rules of the state in which your residence or abode is situated. Such rules shall remain unaffected.
Any dispute between the User and CANALI in connection with these Terms of Use shall be referred exclusively to the Italian courts, or to the courts of the Customer's place of residence if required by a mandatory rule of law applicable to the Customer.

[Last update January 2023]