Welcome to www.brioni.com. These terms and conditions (the “General Terms and Conditions of Use”) govern your use of, access to, and purchase of products from the United States section of www.brioni.com (the "US Site"). By using the US Site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not use the US Site.
www.brioni.com is the property of Brioni, with registered offices in Brioni S.p.A., via Nazareno Fonticoli n. 3 65017 Penne (PE) – Italy ("Brioni.com") and is operated under license by YOOX Corporation, a Delaware corporation having an address at 148 Lafayette Street, 10th Floor, New York, NY, 10013, United States of America (the "Provider").
2. OTHER SITE POLICIES
3. PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
4. USER'S SUBMISSIONS
We welcome your comments and feedback regarding the US Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to the Provider via the US Site, or otherwise, are not confidential. You represent and warrant that any Submissions that you submit to the Provider are made in compliance with applicable laws, do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to the Provider, you grant the Provider and Brioni.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Submissions you disclose, submit or offer to the Provider or Brioni.com.
All content included on www.brioni.com US Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of Brioni.com or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Brioni.com, or its content suppliers, as the case may be. Brioni.com and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Brioni.com and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the US Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Brioni.com or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
7. LICENSE AND SITE ACCESS
The viewing, printing or downloading of any Content from the US Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the US Site and the Content immediately terminates the license granted by the Provider.
You will be solely responsible for all damages and other harm resulting from your use of the US Site and the Content. Brioni.com and the Provider shall not be deemed liable for any use of the US Site and the Content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
8. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a Brioni.com copyright representative for further information at firstname.lastname@example.org.
9. LINKS TO OTHER WEB SITES
You The Provider provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, the Provider does not recommend that its users access such Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR Brioni.com LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
10. GOVERNING LAW AND CHOICE OF 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 General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE US SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Since personal data (“Personal Data”) of users and customers (collectively "Users") of this Site may be processed in the European Union, notably in Italy, any processing of Personal Data will be conducted in compliance with applicable European laws.
Your Personal Data will be processed to provide the services you subscribed to or reserved for registered users, to facilitate your navigation of and shopping from the website and to keep you informed of Kering Group news and offers.
Brioni S.p.A. and the companies of Kering Group are jointly controllers of Personal Data collected and processed for purpose of rendering the e-commerce services and the sale of products (herein the "Commercial purposes") through the Site, together with YOOX S.p.A. with registered offices in Via Nannetti 1, 40069 Zola Predosa (BO), Italy, Bologna Business Register, Tax and VAT number 02050461207, share capital Euro 597,048.40 fully paid up.
The management of the sale of the products and the transactions performed on www.brioni.com, within the United States of America are operated, under license, by YOOX S.p.A.’ s subsidiary YOOX Corporation, a Delaware corporation having an address at 148 Lafayette Street 10th Floor, New York, NY 10013 ("YOOX USA", YOOX S.p.A. and YOOX USA also jointly referred to as YOOX).
YOOX USA is the controller of personal data of users and customers of the Site within the United States of America, which is collected for conducting, concluding and performing transactions for purchasing products on the aforementioned site. As required by the Italian Data Protection Code, YOOX USA has appointed YOOX S.p.A. as its data protection representative in Italy. As our data protection representative in Italy, YOOX S.p.A. ensures that personal data are processed in Italy in a correct and lawful manner and in accordance with good practice. Since personal data of users and customers collected for conducting, concluding and performing purchase transactions through the Site in the United States of America may be processed in Italy, any such processing of personal data will be conducted in compliance with applicable US law as well as the Italian Data Protection Code (Legislative Decree no. 196 dated June 30, 2003).
Brioni S.p.A. and the companies of Kering Group are the sole data controllers of the Personal Data processed for marketing purposes, notably to send to Users, also through newsletter, information and updates on its products, offers, exclusive sales, promotional campaigns and on events and similar initiatives organized by Brioni S.p.A. (herein the "Marketing purposes").
1. Our Policy
Everyone has the right to protection of his/her Personal Data. We and YOOX respect Users' right to be informed regarding the collection of and other operations involving their Personal Data. In using data that may directly or indirectly identify you personally, we will apply a principle of strict necessity. For this reason, we and YOOX have designed the Site in such a way that the use of your Personal Data will be kept to a minimum and will not exceed the purposes for which your Personal Data was collected and/or processed; we and YOOX do not process your Personal Data when we can provide you with services through the use of anonymous or traffic data (such as marketing research made for improving our services, browsing data processed to provide you with customized contents or offers adapted to your preferred language, your location, etc) or by other means which allow us and YOOX to identify you, apart from when it is strictly necessary or upon request by competent public authorities or the police (for example, in case of traffic data or your IP address).
2. Who collects and processes Your Personal Data, how and for which purposes?
YOOX, Brioni S.p.A. and the companies of Kering Group may be jointly or respectively the controllers of your Personal Data as they determine the Commercial purposes and means of processing Personal Data. For the Commercial purposes only, YOOX and Brioni have appointed certain entities that will also process Personal Data relating to the Site’s Users (herein the "Processors").
The above mentioned service providers and Processors have been chosen because of their experience in processing Personal Data and they provide sufficient guarantees regarding compliance with data protection laws (including the technical security measures governing the processing to be carried out). In processing the Personal Data for Commercial purposes, the Processors shall act only under the instructions from YOOX or from Brioni S.p.A.. We regularly check that our Processors comply with our instructions and that they continue to provide sufficient guarantees regarding their full compliance with the provisions on Personal Data processing.
Some of the Processors of your Personal Data appointed by YOOX for Commercial purposes directly are:
United Parcel Service, for purposes related to shipping, delivering and returning products purchased on www.brioni.com;
BT Italia S.p.A., for purposes related to the housing of YOOX servers;
Prestige International UK ltd, for purposes connected to providing call centre and Customer Care services to the Site’s Users.
For the Commercial purposes, we and YOOX collect your Personal Data (such as personal details, e-mail address, address, Credit Card numbers, bank code, tax code and telephone number, etc.) on your order form only for the purpose of selling the products ordered by you. Your Personal Data is mostly processed by electronic means and, in some circumstances, by paper-based means, such as when the processing of your Personal Data is required for preventing fraud on the Site. Your Personal Data shall be stored in a way which allows us to identify you for the period necessary for the purposes which the data was collected for and subsequently processed and, in any case, in accordance with applicable laws. Please report any modification of your Personal Data to email@example.com or through your personal account on the Site in order to ensure that your Personal Data is always accurate and up-to-date, relevant and complete. Your Personal Data shall not be disclosed to third parties other than us for purposes which are not permitted by law or without your consent.
Aside from the Processors appointed for Personal Data processing, your Personal Data will be made available also to third parties, autonomous controllers, for purposes related to supplying services requested by Users (for example, for purchase transactions) or for purposes of third parties. For more information on the matter, see section 4 (To Whom Your Personal Data Will Be Disclosed). Please contact our Customer Care or send us an e-mail at firstname.lastname@example.org if you would like to receive a full list of our data Processors involved in processing your Personal Data.
For the Marketing purposes, we may process your Personal Data as well as browsing data ("Traffic data") resulting from the use of our Services by any User, in order to provide Users with customized contents and offers on our Services or to deliver any newsletter they subscribed to, subject to their discretionary right to withdraw their subscription to such newsletter or to oppose or object to the receiving of any advertising or marketing content which we think is of interest to a specific User. For Marketing purposes, Personal Data and Traffic data is mostly processed by electronic means and shall be stored for us in any case, in accordance with applicable laws and available to our Processors.
Moreover, your Personal Data may be disclosed to the police or to judicial authorities, according to applicable laws and upon a formal request by such entities, for example in the event we need to prevent fraud on the Site (anti-fraud services).
Data processors will also have access to your Personal Data as stated in section 2 for the specific purposes stated therein. In all the above circumstances, your consent for data processing is not required as Personal Data Processing would be necessary for the performance of Commercial purposes.
3. What Happens if You Do Not Disclose Your Personal Data to us?
Granting your Personal Data to us and YOOX (in particular, your personal details, your e-mail address, your address, your Credit/Debit Card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Site, supplying other services provided on the web site upon your request, or when your Personal Data is needed to fulfill obligations required by law or regulations. The refusal to provide us and YOOX with some of your Personal Data necessary for performing the above purposes may consequently prevent us or YOOX from processing your order for the purchase of products sold on the Site or fulfilling obligations required by law and other regulations. Therefore, failing to provide Personal Data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Site or not providing the Site’s services.
Disclosure of further Personal Data to us and YOOX other than that required for fulfilling legal or contractual obligations and to be properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Site and of its services or on the purchase of products on the Site. We will inform you at every step whether disclosing your Personal Data to us and YOOX is compulsory or optional by marking with an appropriate symbol (*) the information that is compulsory or data needed for the purchase of products on the Site.
4. To Whom Your Personal Data Will Be Disclosed?
Personal Data will be disclosed to third party companies that provide, on behalf of Brioni S.p.A., specific services as data Processors or to other recipients of Personal Data collected by us or YOOX that autonomously process your Personal Data only for the Commercial purposes (for example, Banca Sella S.p.A.) and, in any case, according to applicable laws and regulations.
Your Personal Data is also intended to the companies belonging to Kering Group, with registered offices in EU countries or non EU countries, for their own Marketing purposes.
Please send an e-mail at email@example.com if you would like to receive a full updated list of Kering Group companies.
Notwithstanding the foregoing, Personal Data will not be disclosed to any other third parties or disseminated or transferred without informing our Users of such disclosure/dissemination/transfer, and, in any case, in accordance with the applicable laws.
5. Security Measures
The Site uses automatic systems of browsing data collection, such as cookies. A cookie is a file stored on the hard disk of the terminal of an Internet user; it does not contain intelligible information but it allows linking between a terminal and other information about User's experience on the Site and his/her preferences expressed while choosing services and purchasing products offered by the web site) provided by the Users. For Cookies disseminated by our servers, no one else may gain access to the information contained therein. These information and data are gathered directly and automatically by the Site. The information collected by cookies will be processed in order to optimize the services of the Site. We and YOOX have provided cookies in connection to functions such as selecting the country, the language, the location, browsing the catalogue, purchasing products online and in general in connection with the provision of services reserved to registered customers. As you know, each Internet browser allows the blocking or the deletion of cookies. Your Internet browser contains instructions on these procedures. Please access the information on your Internet browser if you wish to delete cookies.
7. Compulsory processing
We wish to inform you that us or YOOX may process your Personal Data also without your consent in certain circumstances provided by laws.
8. Your Right to Access Personal Data and Further Rights
You are entitled to obtain at any time from us or YOOX:
a. the updating, adjustment or, when you have an interest in such, the integration of your personal data;
b. the deletion, the transformation into an anonymous form or blocking of your personal data (unlawfully processed), including data which does not need to be stored for the purposes for which it was collected and subsequently processed;
c. the confirmation that the operations under letters a) and b) have been reported (together with the contents of the same) to whom the data was disclosed or disseminated, except when it becomes impossible or if the means used are clearly disproportionate to the right's protection.
You are entitled to object, in whole or in part:
a. for legitimate reasons, to the processing of your personal data, even if it is related to the purposes for which it was collected;
b. to the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing research or commercial communications.
9. Opt-in/Opt out
Each time your consent is required, Brioni S.p.A. will inform you in advance and will give you the option to either provide or refuse your consent for the use of your Personal Data, including your e-mail address, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that us or YOOX may process your Personal Data also without your consent in certain circumstances, such as when such processing is necessary for performing a legal obligation to which us or YOOX are subject or when such processing is necessary for performing obligations undertaken in contracts with the users.
To the extent of applicable laws and subject to your rights, Your personal data may be processed by Brioni S.p.A. for sending you advertising or offers for Marketing purposes about products and services unless you object to it at any time, either when Your personal data has been collected or at any time, notably when receiving any offer from Us.
In any case, we wish to inform you that YOOX and Brioni guarantee that its users may exercise, at any time and without having to state their reasoning, their right not to receive future communications connected to particular services upon request.
10. Links to Other Web Sites
If you wish to receive further information on how we or YOOX process your Personal Data, please send an e-mail to firstname.lastname@example.org.
12. Governing Law
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