Terms of Use

 

General

 

Welcome to the Cote Website - www.co-te.com (the “Website”). Access to and use of this Website and the goods, services and functionalities available through this Website (collectively, the "Services") are subject to the following terms and conditions of use (the "Terms of Use"). 

 

These Terms of Use, together with the Privacy Policy and the Terms of Sale collectively, the “Agreement”)govern the relationship between all visitors and users of this Website (the “Consumer(s)”, “You”), this Website and the Website owner. It is understood, that by way of reference and for practical reasons,  “Consumer(s)” and “You” as referred to in these Terms of Use and also in the Privacy Policy, is  identical with “Consumers” and “You” as referred to in the Terms of Sale of this Website. 

 

 

Cote srl (hereinafter the “Website owner”, “We”, “Us”, “Our” ) owns and operates this Website.  Cote srl an Italian company with registered office at Via Camillo Hajech 10, 20129 Milan Italy, Tax code and VAT registration number07358670961 ,   It is understood, that by way of reference and for practical reasons,  the Website owner (Cote srl), as referred to in these Terms of Use and also in the Privacy Policy, is identical with the “Vendor” as referred to in the Terms of Sale of this Website. 

 

 

In welcoming You to this Website, We invite you to carefully review these Terms of Use before continuing to access or use the Website. By accessing and using this Website and its Services, You consent unconditionally to be bound by these Terms of Use, as may be updated and modified by Us in Our sole discretion, at any time and without notice. You should check these Terms of Use regularly to take notice of any changes we may have made to them.

 

Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

 

We are committed to put all reasonable efforts to ensure that all of the information and Services made available to You through this Website are accurate and up-to-date. We, however, do not make any direct and/or implied representations, guarantees or warranties as to the correctness, completeness, accuracy and/or actuality of any of the information displayed on this Website.

 

Privacy Policy

Our Privacy Policy, which sets out how We will use Your personal data, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

If, after carefully reading Our Privacy Policy, You do not agree with Our  relevant practices, please be advised to immediately discontinue the use of this Website. 

 

Purposes and Services of the Website

This Website is used to promote and provide further information about the Services offered by the Website owner. Specific sections of this Website, such as the one related to registered user’s accounts, may provide further functionalities. Please note that, where applicable, some additional functionalities may be subject to specific terms and conditions, which would be made duly available to You.

 

Intellectual Property, Software and Content

This Website together with the CO|TE trademark are fully owned and registered by the Website owner.

 

You acknowledge and agree that the Website and all content included there in, including, but not limited to, all intellectual property rights, such as, the CO|TE trademark, other rights, titles and interest in and to the Website, other trademarks, whether registered, unregistered or under registration, in Italy or elsewhere, trade names, logos, brand names, text information, data, images, icons, photographic images, illustrations, multimedia (graphic, audio and video), product names used, displayed or in any way indicated on this Website, software, HTML code, other computer codes contained in both the Website’s front and back-end components, interface, scripts, artwork, designs or any other materials that form in any way part of this Website (collectively the “Content”) is owned by the Website owner by or licensed to the Website owner. 

 

The Content is protected by both national intellectual property laws, including, but not limited to, copyright, patent and trademark laws, and international intellectual property laws, including, but not limited to,  rights related to the nature of patent rights, copy rights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other internationally recognised intellectual property rights.

 

You may use, store, access, download, copy, manipulate, reformat, print and display the Content to which you have authorised access to solely for your own personal use and subject to these Terms of Use, unless otherwise indicated. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. No right, title, claim and/or interest in any of the Content is or may be deemed assigned to You as a result of the performance by You of any of the aforementioned activities related to the Content.  

 

Use of this Website

 

You may only use this Website and its content for your personal and non-commercial purposes and only in compliance with these Terms of Use and all applicable laws and regulations.

By using this Website and its Services and Content, you acknowledge and accept that You may not and/or  may not allow or assist third parties to make unauthorised use of the this Website, its Services and Content, for both personal and commercial purposes, including, but not limited to, copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any of the Content, advertising or related revenue generating activities on Your personal webpage or on one owned by a third party, unlawful activities or their solicitation, breach, compromise or probe the security, functionality, infrastructure and integrity of this Website and/or computer facilities, affect the use and activities of other users of this Website, attempt to or make use of confidential information related to third parties, corrupt data.  

The Website owner may suspend or terminate Your access or use f this Website, without prior notice at the event that:

  1. The Website owner has the reasonable grounds to believe that You are using this Website in breach of these Terms of Use, and/or in breach of this Website’s Privacy Policy and/or Terms of Sale, and/or other terms and conditions and/or laws and regulations that may be applicable to You;
  2. It is deemed necessary for security or maintenance purposes.

 

The Website owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

 

Registration and use of User Account

Certain functionalities and/or sections of this Website may be available only to Consumers who register and open a personal user’s account (the “Account”) on this Website. 

You are solely responsible for all activities that occur under your Account, including, but not limited to, any use of the Services offered, such as the purchase of goods through this Website, unless You notify Us in due time, and are able to demonstrate without any doubt, that your Account has been used  without your consent by a third party. It is Your sole responsibility to ensure and maintain the confidentiality of the access data to Your Account and to  ensure that no third party access your Account without Your consent. The Website owner cannot and will not be held responsible or liable for Your failure to comply with these obligations.

Be advised that the Website owner may suspend or terminate Your Account, without prior notice at the event that:

  1. The Website owner has the reasonable grounds to believe that You are using Your Account in breach of these Terms of Use, and/or in breach of this Website’s Privacy Policy and/or Terms of Sale, and/or other terms and conditions and/or laws and regulations that may be applicable to You;
  2. The Website owner has the reasonable grounds to believe that a third party is making use of Your Account without Your consent;
  3. It is deemed necessary for security or maintenance purposes.

 

Consumers have the right to deregister and cancel their Account, by accessing the  relevant section of this Website, at any time.

 

 

Costumer’s Content

Subject to Our Privacy Policy, and within the limitations of the applicable laws and regulations, any content, including, but not limited to, files, data, information, suggestions,  multimedia, ideas, know-how, techniques, methodologies, other materials,  submitted voluntarily by You (the “Costumer’s Content”) to this Website will be considered to be non-confidential and non-proprietary. We reserve the right to use the Costumer’s Content on a non-restricted basis where deemed appropriate.

Please note that, within the aforementioned context, the Costumer who created and submitted the Costumer’s Content is not entitled to receive any type of compensation for the use of the Costumer’s Content by this Website.  Please do not submit to this Website as a Costumer’s Content any items that are considered confidential or proprietary.

Unless there are reasonable doubts for such presumption, We will deem that You have the right to submit the Costumer’s Content in question and no content created by third party is being misused by You. At the event that there reasonable doubts for the misuse of a third party content by You, We will inform the relevant authorities, without notifying You.

The Website owner  is not liable for the misuse of third party content, when submitted as a Costumer’s Content. 

Third Party Content

From time to time, this Website may include, use or display content created by third parties, public sources’ information and/or links to third parties webpages (the “ Third Party Content”).  The provision of Third Party Content does not mean that the Website owner endorse, approves, controls, monitors or guarantees the Third Party Content  and/or the Third Party Content security, reliability and/or accuracy . The Website owner is not responsible for the Third Party Content or for any potential viruses and/or other functionalities, part of the Third Party Content in question, that may damage Your data and/or property.  

 

Accessing any Third Party Content is at Your own risk and The Website owner is not liable for any loss and/or damage You may suffer in relation to Your access, use and/or reliance on any Third Party Content, including, but not limited to, any loss or damage to your equipment, software, hardware, purchased goods, service and/or functionalities used on or through this Third Party Content. 

 

You are advised to review the terms of use applicable to the Third Party Content. These Terms of Use are provided solely for this Website and the Services and Content of this Website owner and do not extend to other Third Party Content. 

 

Warranty

The Website and the Content are delivered on an “as is” and “as available” basis without any kind of warranties, expressed or implied, statutory or otherwise. You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content.

Liability 

In no event, and to the maximum extend permitted by the applicable law, shall the Website owner be liable to You or any third party under any theory of liability whatsoever, including, but not limited to, any direct, indirect, incidental, special, punitive or consequential damagers or for loss of profits, revenue, business, opportunities, clients, data, programming, or any other loss of intangible goods, any loss or damage which was not foreseeable by you and/or us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or  any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, whether in action in contract, tort, product liability, statute or otherwise, arising out of:

  1. The use of or impossibility to use the Website and/or its Content, and/or its Services or any information contained on, an/ or the goods which may be sold through the Website;
  2. Any transaction entered into through or from this Website;
  3. Any loss of, damage, deletion, failure to store, correction, destruction or corruption to data; 
  4. Unauthorised access to this Website and Unauthorised alternation to transmissions or data;
  5. Statements or  conduct of third parties on this Website;
  6. Any other matter related to this Website.

 

Nothing in these Terms of Use will exclude or limit the Website owner’s liability for wilful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law

 

By accessing and making use of this Website you unconditionally accept that at the event of any dissatisfaction relating to this Website, any Service and/or Content which may be made available to You through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be Your discontinuation of use of the Website. 


The Website owner shall not be liable for any act, omission and/or conduct of third parties in connection to this Website.

 

Idemnification

You finally agree to indemnify and hold harmless the Website owner against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or its Content.

 

Waiver

If You breach these Terms of Use and/or any other part of the Agreement and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach the Terms of Use and/or any other part of the Agreement.

 

Governing Law and Jurisdiction

By using this Website and its services you accept Italian Law. These Terms and Conditions shall be governed by and interpreted in accordance with the Italian laws. Any dispute related to the validity, interpretation and/or execution of these Terms and Condition shall be subject to the exclusive jurisdiction of the Courts in Milan, Italy. 

 

Notwithstanding the foregoing you will entitled to recourse to the extrajudicial procedures of mediation or voluntary and equal negotiation provided for by Legislative Decree 28/2010.

 

At the event that any of the provisions contained in these Terms of Use is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.

 

Contact

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.info@co-te.com