CONDITION OF USE

This website massimoosti.com with its services and content (hereinafter the "Site") is made available to users and/or customers (hereinafter the "Users" or the "User") for the promotion and sale of Massimo Osti Studio brand consumer goods sold directly by Tristate Digital SA, a Swiss company, with registered office in Lugano (Switzerland) in Riva Albertolli 1, VAT no. CHE-338.710.554, (hereinafter the "Seller"), with the authorization of Tristate International SA. and the provision of related services, such as, for example, the newsletter and the contact form (hereinafter the "Purposes").

The access, consultation, registration or any other use of the Site and of the related content and services as well as the purchase of products offered on the Site (the “Use” or “Using”) are activities governed by these terms and conditions (the “Terms of Use”).

Use of the Site assumes knowledge of these Terms of Use and implies their full, unconditional acceptance.

You are therefore asked to read these Terms of Use carefully, as well as the privacy policy and the terms and conditions of sale, before using the Site.

1. USE OF THE SITE

1.1      Use of the Site is only permitted for personal purposes, closely related to the Purposes, which are unrelated in any way, even in part, to any professional, business, trade and/or commercial activity.

1.2      Use of the Site is only permitted to persons over the age of 18.

1.3      When using the Site, the User agrees not to:

a)    disclose false, incorrect and/or incorrect information and/or data to third parties, without the express consent of such third party, and/or not to make any improper use of such data and information;

b)    upload, communicate and/or transmit any material, content, links, files or anything else that:

I. are obscene, intimidating, offensive, damaging, violent, fraudulent, confidential or illegal;

II. constitute spam, pyramid or chain communications or other forms of advertising or commercial or promotional communication not authorized in writing by the Seller;

III. are technically dangerous or harmful such as computer viruses, malware, codes and other tools that may damage the computer systems of Seller or of a third party;

c)    interfere with, interrupts, damages, violates and/or tampers with the Site and its normal operation;

d)    violate the rights of third parties, the General Conditions of Use and Sale on the Site and/or any provision of the legal system in force, such as, by way of example only, the Swiss Federal Law on Copyright and similar Rights of Protection of 9 October 1992, the Swiss Federal Law on Data Protection of 25 September 2020 and any other applicable legislation, including international or Community law;

1.4      The Seller may, at any time, interrupt, suspend and/or revoke the Use of the Site at any time, at its own discretion, without the obligation to give a reason. The User hereby acknowledges and accepts that Seller shall not under any circumstances be held liable for any interruptions, suspensions and/or revocations of Use of the Site.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATABASES

2.1      Any right on the contents present in or made available on the Site or related to it, including but not limited to: text, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software, designs, technical solutions adopted and the structure created for the Site, databases (hereinafter the “Content”) is owned by the Seller and by the related owners who have direct and/or indirect commercial relations with the Seller, and is protected by national and international laws on intellectual and/or industrial property rights and/or databases.

2.2      With the exception of the temporary reproduction of the Content for activities that have no independent economic purpose and are closely related to the Purposes, the Content may not be modified, reproduced, published, transferred, disseminated and/or otherwise used in any form and manner without the express written consent of the Seller.

2.3      In any case, it is understood that the User’s Use of the Site does not imply the User the purchase by the latter of any right over the Contents.

2.4      The User may not carry out any operations that conflicts with the normal management of the Seller’s database and with the databases of the related owners who have direct and/or indirect commercial relations with the Seller or which may cause unjustified prejudice to them.

2.5      Within the limits of the provisions of the applicable national and international laws on intellectual and industrial property and/or databases, it is forbidden to systematically extract and/or use the Site Contents, also through data mining, robots and other data acquisition and extraction systems, as well as to create and/or disseminate data collections that reproduce all or part of the Site Contents and the services provided, without the express written consent of the Seller.

3. TRADEMARKS AND DOMAIN NAMES

3.1      The trademarks, domain names and all the other distinctive signs contained in and/or related to the Site are the exclusive availability of the Seller or of the respective owners who have direct and/or indirect commercial relations with the Seller.

3.2      The use of distinctive signs in any form and manner is strictly prohibited, without the prior written consent of the Seller or of the respective owners.

3.3    In any case, the use of the Massimo Osti Studio brand and its variations is prohibited, as well as the name of the Seller and of the subjects who have commercial relationships directly and/or indirectly with the same, as well as the distinctive signs owned by them, such as, for example, domain names and trademarks, through metadata (such as, for example, meta-tags and keyword-tags), without the written consent of the Seller or the respective owners.

4. LINKS TO OTHER WEBSITES

4.1      The Site may contain hypertext links or links to other websites that may not have connection to this Site.

4.2      Such links have only been included by the Seller for the purposes of facilitating the Users’ browsing online, and for their connection to other websites.

4.3      The inclusion of a link does not imply any form of suggestion, sponsorship and/or recommendation by the Seller for the Use of the linked websites, nor does it imply any type of guarantee as to the content, services and/or goods offered and/or sold by such sites.

4.4      The Seller does not check, in any way, the websites linked via these links nor the information, materials or products contained on them and therefore the User hereby acknowledges and accepts that the Seller may not be held liable for the actions, services, products, content or policies of such websites, also in relation to processing of personal data and terms of sale.

4.5      We therefore suggest that the User carefully reads the terms of use, conditions of sale, privacy policies and any other legal information on websites other than the Site.

5. LINKS TO THE SITE

5.1      Hypertext links may be activated to the Site with the written authorisation of the Seller. For this purpose, please contact Massimo Osti Studio at the following email address: customerservice@massimoosti.com

The Seller has, at all times, the right to oppose the activation or maintenance of direct links to the Site, also in consideration of the previous adoption by the applicant of unfair or non-compliant commercial practices or unfair competition or discrediting actions against the Seller itself.

5.2      It is forbidden to activate deep hypertext links (such as, by way of example, deep links or deep frames) to the Site, without the written consent of Massimo Osti Studio.

6. USING YOUR PERSONAL ACCOUNT

6.1      The User undertakes to provide correct, complete data when registering their personal account and shall promptly notify the Seller of any changes to the data provided.

6.2      Users with personal accounts on the Site undertakes to keep their login credentials confidential and to monitor the regular operations of their accounts, immediately reporting any use or attempted use of their account by an unauthorised third party.

6.3      The User agrees that he/she is the only person responsible for any action taken on his/her account and for any harmful consequences or prejudice that may arise for the Seller or third parties as a result of the use of their personal account in breach of the Terms of Use, of other legal notices on the Site and/or of the applicable law provisions , and for the loss or theft of their login credentials.

6.4      The Seller may, at any time, suspend, modify or cancel the personal account of any User who violates the Terms of Use or the other legal information on the Site, or the law provisions or even due to discretionary evaluations of the Seller, without any obligation to give a reason. The User hereby acknowledges and accepts that the Seller shall not under any circumstances be held liable for any suspensions, modifications or deletions of his/her personal account.

7. GUARANTEES AND RESPONSIBILITY FOR USE OF THE SITE

7.1      The Seller provides this Site “as is” without any form of express or implied guarantee for the User.

7.2      The Seller does not guarantee the regular operation of the Site and those related to it, even indirectly. To the maximum extent permitted by law, the Seller will not be liable for any type of damage resulting from the Use of the Site and the sites of third parties even indirectly connected to it, such as, by way of example, damage to computer systems, damage from loss of data or business opportunity, damage from interruption of economic activity or resulting from any errors, delays, omissions, inaccuracies of the Site.

7.3      The User hereby acknowledges and accepts that the Seller may not be considered to be in breach of its obligations nor shall it be held liable for any loss or damage caused by the failure or incorrect operation of the hardware or software of the User or of any third party, of telephone lines and/or data lines not managed directly by the Seller, or caused by actions of other Users and/or third parties.

7.4      The User is the only responsible for the Use of the Site. To the extent permitted by law, no liability whatsoever shall be attributed to the Seller for any use of the site by the User that may conflict with thein force  provisions of laws, with the legal notices contained on the Site and/or which may harm any rights of any third party. Within the limits permitted by the applicable laws in force, the User shall indemnify the Seller in respect of any cost and damages, including any legal fees that may be caused by his/her Use of the Site in violation of the applicable provisions of laws, the legal notices contained on the Site and/or which may infringe the rights of a third party.

8. PRIVACY POLICY

8.1      With regard to the processing of Users’ personal data, please see the privacy policy.

8.2      With regard to the use of specific services provided at the User’s request, specific privacy notice will be provided, and specific consent to the processing of personal data will be required where necessary.

9. WARNINGS

9.1      The Seller has taken all measures to prevent the publication on the Site of any content that may describe or represent any scene or situation of physical or psychological violence or such that, in the Users’ view, it may be considered harmful to civilised beliefs, human rights or dignity in any form or expression. In any case the Seller does not guarantee that the content of the Site is appropriate and/ or lawful in any other country, outside Italy. However, if the content is deemed not lawful or illegal in any of these countries, access to the Site is not recommended and if the User decides to access it anyway, his/her use of the services shall be under his/her exclusive and personal responsibility.

9.2      Without prejudice to the contents of the legal notice on the Site and the applicable provisions of laws, the Seller may – at any time, without any obligation to give notice – amend any of the information, content or other elements of the Site.

9.3      If the Seller and/or any third parties with whom Massimo Osti Studio has commercial relations even indirectly, delays or fails to exercise any of their rights according to the Terms of Use, the other legal information on the Site or the provisions of laws in force, this shall not constitute a waiver of this right, in relation to acts carried out or to be carried out in the future.

10. GOVERNING LAW AND DISPUTES’ RESOLUTION

10.1    These General Conditions of Use are governed by Swiss law, without prejudice to the applicability of mandatory rules of law.

The Court of Lugano will have jurisdiction to resolve any disputes relating to the Site and these General Conditions of Use, without prejudice to the application of mandatory legal provisions that establish the jurisdiction of another Court.

11. AMENDMENTS TO THE TERMS AND CONDITIONS OF USE

11.1    The Seller may amend in whole or in part Terms of Use, also in consideration of any changes in the law and/or changes to its own commercial policies. Any changes shall be communicated to the Users on this page of the Site, and shall be binding as soon as they are published on the Site.

11.2    The User shall be bound by the Terms of Use in force at the time on which they Use the Site.

12. CUSTOMER SERVICE

12.1    For assistance with the Products, or for more information, suggestions, complaints and/or further requests, the Customer can contact the Seller’s customer service department at any time using the Contact form or using the following contact details:

-      by e-mail: customerservice@massimoosti.com;

-     by post: Tristate Digital SA in Via San Martino, 16 - 6850 Mendrisio (CH)