- The following “Conditions of use of the Website” (“Conditions”) govern access by the user to this website www.cappellini.com, the domains of which are owned by Cap Design S.p.A., a company governed by Italian law, with its registered head office in Meda (MB) – Italy, Via Luigi Busnelli No. 5, Tax Code No. 04311900965 and VAT No. 04311900965 (hereinafter “Cappellini”). Cappellini is managed and coordinated by Haworth Italy Holding S.r.l.
- Use of the Website requires unconditional acceptance of all Conditions by the user: users must immediately leave the Website if they do not agree with even just one of the following Conditions.
- Any browsing on the Website involves the tacit, full unconditional acceptance of the Conditions by the user, who shall comply with the requirements contained therein.
- These Conditions and the General Conditions of Sale are an integral part of the general Conditions for using the Website and for purchasing products online offered by Cappellini through the Website. The General Conditions of Sale shall take precedence in the event of any discrepancies between these Conditions and the General Conditions of Sale. However, if the user does not purchase any products offered by Cappellini through the Website, these Conditions shall only be considered applicable.
Cappellini reserves the right to make amendments and supplements to these Conditions, including without any prior warning, at its discretion, if they are required by regulatory updates, changes to the services offered or requirements resulting from changes to company policies. The Conditions in force are those available at any given time on the Website. If users do not agree with even just one of the amended Conditions, they must leave the Website immediately and close their account on the Website if they created one, since any browsing on the Website involves the tacit, full unconditional acceptance of the amended Conditions.
2. Use of the Website
- The Website is an online promotional and information portal, as well as – for certain categories of users – an access portal to special services, including e-commerce, where:
- all users can get information on the products, services and initiatives offered by Cappellini, either directly or through its parent companies, subsidiaries, businesses under common control or associated companies, as well as occasionally by third parties in collaboration with Cappellini (eg. authorised distributors);
- certain categories of users, who meet the requirements and have the necessary credentials, may access members’ areas of the Website to get specific online services from Cappellini, including e-commerce, governed by applicable terms and conditions for each specific service, as published or made known at any given time to certain categories of users;
all users, whether registered or not, may purchase Cappellini products online. For more information on the conditions of purchase of Cappellini products on the Website, please consult the full General Conditions of Sale available on the Website.
3. Industrial and intellectual property rights
- The Website, as a whole and all parts of it, is owned by Cappellini; the material on the Website is owned by Cappellini, or by Cappellini’s subsidiaries, associated companies, businesses under common control with Cappellini or Cappellini’s parent companies, or by the respective licensed subjects, from which Cappellini has obtained all rights to include this material on its Website (the “Contents”).
- All rights are reserved in all countries around the world. The Contents are protected by copyright law, trademark protection laws and/or laws governing any other industrial and intellectual property rights. Purely by way of example, the Contents include: any type of trademarks, including unregistered ones, distinctive trade dress elements, logotypes, photographs, images, drawings, videos, sound recordings, technical drawings, technical documents, databases, tables, slogans and, in general, any other material on the Website, the aesthetic form, the layout, the organisational structure, the code of the Website and the software used to make or form the Website.
It is strictly prohibited to download, extract, copy, reproduce, develop, disclose and, in general, use the Contents and the Website in any way, for different purposes other than the designated ones, unless agreed in writing otherwise with Cappellini and without prejudice to the provisions under the following point 4.
4. Use of the product images and technical drawings on the Website
- Cappellini allows the use of images of Cappellini products on the Website and/or the technical drawings on the Website for strictly personal, non-commercial use and only for the purpose of criticism and discussion, provided that all aspects of the images and technical drawings remain intact, and as long as these images and technical drawings feature the correct information, at any time, on the creator of the product shown and on the owners of the image’s rights, as well as on the names and trademarks of Cappellini as indicated at any given time on this Website.
- If authorised beforehand and in writing by Cappellini, professionals in the design sector, authorised distributors and agents of Cappellini may download and use the images of Cappellini products on the Website or the technical drawings on the Website, solely to promote to certain individual end customers the sale of Cappellini products to be finalised between Cappellini and the end customer or between Cappellini’s authorised distributors and the end customer, as long as these images and technical drawings feature the correct information, at any time, on the creator of the product shown and on the owners of the image’s rights, as well as on the names and trademarks of Cappellini as indicated at any given time on this Website.
Any other use of images of Cappellini products and technical drawings remains expressly prohibited.
5. Features of the Website
- The Website and the Contents are provided to the user in the state they are published in and depending on their availability, without any factual guarantees or certifications, whether implicit or explicit, including the guarantee that there are no malicious programs (eg. viruses or malware).
- Users shall use the Website at their own risk, paying for all costs connected to use of the Website and taking on all liability from use of the Website.
6. Members’ areas of the Website
- This Website may include members’ areas for users with access credentials, such as a pair of credentials containing a username and a password (the “Credentials”). Registration to members’ areas of the Website shall therefore involve the creation of a personal account, which may not be transferred or shared, through which users shall be able to, among other things, review any orders placed through the Website. If the user is a company, the user recognises that the account shall be created by a physical person with appropriate binding powers for this company.
- Users must keep their Credentials private, without allowing access to their relative members’ area to unauthorised third parties; users must therefore control access to their terminal (computer and other devices), while accepting, within the limits permitted by applicable legal provisions, that they are liable for all activities that are carried out through their Credentials.
- Users are liable for any activities that are carried out through their Credentials. They shall therefore take appropriate precautions to ensure that their password remains secure and private and shall inform Cappellini immediately if they have reason to believe that any third party knows their password, or if their password is, or is presumably about to be, used in an unauthorised way.
- Users shall also ensure and, therefore, guarantee the veracity and accuracy of their data associated with their Credentials, and must notify Cappellini without delay about any changes or variations to this data and, in any case, to all information provided to Cappellini due to use of the Website. Changes and variations may be notified to Cappellini through the e-mail address [email protected] Alternatively, by accessing the section of the Website, users may access and update the information provided as well as their own Credentials directly and, if they want, they may choose to delete their account by following the procedure contained therein.
Cappellini may add additional functions to the account, which shall be notified through the Website and/or by e-mail to the Customer.
7. Illegal use of the Website
- Users must comply with the terms of these Conditions of Use, as well as with applicable legislation, when using the Website and must not infringe upon the rights of Cappellini, the group’s companies and the suppliers.
- Users declare and guarantee that they shall not use the Website and/or the members’ area and/or their Credentials:
- in a way that causes, or may cause, interruptions, damage or malfunctions to the Website and/or to the members’ area, doing everything in their power to keep the functions of the Website and/or the members’ area intact;
- to carry out illegal acts or fraudulent activities;
- to infringe upon industrial and intellectual property rights, including copyright and the domain name, of Cappellini or third parties, without prejudice to the rights under point 4;
- to cause harassment, disturbance, prejudice or alarm;
- Cappellini reserves the broader right to block access to the Website and/or the members’ area, to definitively or temporarily withdraw Credentials, and to remove or change the website’s contents at its discretion.
In the event of a breach of the obligations under this point, users shall be liable for compensating any damage suffered by Cappellini, by the relevant group’s companies and by suppliers.
8. Personal data and cookies
9. Links to third-party websites
- The Website may contain links to third-party websites, pages or apps. Cappellini does not guarantee the operation of these links or their functionality; Cappellini does not guarantee that third parties’ websites, pages and apps shall be reachable, nor does it guarantee the contents, even when this refers, in whole or in part, to Cappellini.
- Any links to third-party websites and references to third-party information, products or services linked to the Website do not represent or shall not be interpreted in any way as approval or affiliation of them by Cappellini, with particular reference, among others, to the opinions expressed on these websites, pages and apps of third parties, even if they use, in whole or in part, contents that refer to Cappellini. Cappellini is not liable in any way for third-party websites and does not guarantee their contents.
- Without prejudice to the provisions under points 3 and 4, users shall not create links to, transpose or share the pages of this Website, including through social media networks (eg. Facebook, Twitter, Instagram, Tumblr, etc), unless for strictly personal, informational and educational, non-commercial reasons, while it is expressly prohibited to carry out the aforementioned activities in order to take credit for the Website and the Cappellini brand for their own business. The rights granted by Cappellini are reserved for specific users under separate agreements.
10. Limitation of liability
- Cappellini is not liable for any disruptions and costs resulting from the communication of incorrect or out-of-date information by the user or delays in carrying out the services provided by the Website that are due to the user’s conduct.
11. Applicable law and competent court
- Unless it is established otherwise at any given time by mandatory legislation, these Conditions shall apply and be interpreted in accordance with Italian law.
- Unless it is established otherwise by mandatory legislation and without prejudice to the special conditions provided for specific sections of this Website, any disputes between Cappellini and the user regarding these Conditions shall be deferred to the exclusive jurisdiction of the court of Milan, Italy.
- Translations of these Conditions in languages other than Italian are considered courtesy translations. The Italian version of these Conditions takes precedence over any version in a language other than Italian.