- Premise
IKRIX S.P.A. manages and owns website www.theclutcher.com and the brand "The Clutcher", used to organise product sales.
IKRIX S.P.A. is registered in the Genoa Business Registry with tax code and VAT number 02225200993, with headquarters in IKRIX S.P.A. Via Gian Domenico Cassini n. 12/F/R/2, Genoa– ITALY.
This document includes the General site use conditions for the site corresponding to domain name www.theclutcher.com whose owner is IKRIX S.P.A. (hereinafter the "Conditions" and "Site" respectively) that must be observed by all individuals who intend to browse its web pages.
Site access and any action that includes the navigation of its web pages constitute acceptance of the conditions and, in order to make site users aware, a link to this document appears when the www.theclutcher.com homepage is opened.
Should the user not intend to accept the conditions, simply abstain from navigating site pages.
The General Sales Conditions do not regulate services or product sales by entities other than IKRIX S.P.A. found on the site (for example, via links, banners, etc.).
IKRIX S.P.A. is thus not liable for other third party services or e-commerce sales between IKRIX S.P.A. customers and third parties.
In addition to the above, whoever accesses the site implicitly states to be an adult and to not use the site and its material for illicit purposes or, in any case, in infringement of current laws.
The conditions can be modified by IKRIX S.P.A. at any time, without prior notice, it being understood that users must periodically review them before accessing site content.
Should goods and services or content subject to specific terms and conditions be offered in website pages, these will prevail over these conditions.
The official contract language with IKRIX S.P.A. is Italian: text in other languages are of sole accessory nature compared to the Italian. - Site content
IKRIX S.P.A. intends to offer, though site pages, information of general nature regarding its business and, despite the latter being constantly verified and updated by qualified and specifically selected personnel, it is understood that their content, with reference to the material discussed, cannot be considered either thorough or complete or, in any case, correct. Therefore, the user who intends to rely on the information indicated in the site should independently check their correctness. On this topic, IKRIX S.P.A. would like to inform you that the material contained in the site is to be considered "on as is basis", meaning it may not be appropriate and/or suited to the specific purposes and interests pursued by the page reader or may include elements which, if reused, could violate third party intellectual property rights.
Links to third party sites may be included on the site. In this case, links have the sole purpose of facilitating user navigation without any relationship between site content and the opened third party site content, which remains extraneous to IKRIX S.P.A.'s sphere of interest. Clicking these links does not include any IKRIX S.P.A. recommendation or signal for the access and the navigation of these websites, nor any guarantee on their content, services or goods provided and sold to internet users. In fact, IKRIX S.P.A. states that it cannot influence the structure of third party sites linked to its own in any way nor have knowledge of the truthfulness, correctness and adequacy of the materials and/or information contained thereto, and this even in the hypothesis in which there are trade relations between IKRIX S.P.A. and the third party owner of the linked destination site.
IKRIX S.P.A. does not control nor monitor these website and their content and cannot be held liable for the content of these sites and the rules, by these, adopted even concerning your privacy and personal user data processing when browsing. Thus the user is requested to pay the utmost caution when opening these websites via links and to carefully read their conditions of use and privacy rules.
As indicated above, IKRIX S.P.A.'s General Use Conditions and Privacy Policy do not apply to the websites managed by other third parties. - Intellectual and industrial property rights
All site content is protected by current copyright and industrial and/or intellectual property right laws. For example, but not limited to, site content must be considered as:
- text;
- photographs;
- videos;
- databases;
- graphs and tables;
- slogans;
- audio;
- illustrations, whether or not animated;
- any graphic representation and/or text in general
in any published format, including menus.
Thus the full or partial copy and/or reproduction of site content without the express written authorisation of IKRIX S.P.A. is prohibited. IKRIX S.P.A. has the exclusive right to authorise or ban the direct or indirect, temporary or permanent, full or partial reproduction in any way or form of its site and its content.
At the same time, please not that all brands, domain names, corporate names, companies and logos found on the site are the property of third party companies or IKRIX S.P.A. and are thus protected by current industrial property laws. The reproduction in any way or form is thus prohibited with the express written authorisation of IKRIX S.P.A. or, where otherwise, the relevant right holder. The registration of the name "THE CLUTCHER" and "TheClutcher" under any top level domain is likewise prohibited.
Additionally, we would like to inform you that site pages may include brands, domain names, corporate names, companies and logos owned by third parties with whom IKRIX S.P.A. has association of various nature, who enjoy the same protection granted IKRIX S.P.A. distinctive logos by current laws.
All other distinctive logos that distinguish products sold by IKRIX S.P.A. and found on the website are famous brands known to the general public and registered by their respective owners. They are only used in the site to distinguish, describe and advertise products on sale on the site.
The use of these brands, to distinguish products or services even not similar to IKRIX S.P.A. or other brand owner ones, is prohibited unless by written consent by IKRIX S.P.A. and every other registered brand owner, published on the site.
Lastly, IKRIX S.P.A. is the exclusive owner of the "The Clutcher" registered trademark and logos and the "www.theclutcher.com" domain and any other distinctive logo that includes the word "theclutcher.com" including the domain name "theclutcher.com".
IKRIX S.p.A. states that the use of all distinctive logos owned by IKRIX S.P.A. such as metatags, meaning html language commands which, although not implying the display or formatting of a certain command, provide instructions to electronic agents or search engines to increase the visibility of a site other than those traceable to IKRIX S.P.A., is prohibited.
- Service features - Limited liability and disclaimer of warranties
IKRIX S.P.A., while adopting all the solutions from the most innovative and advanced technological standpoint to ensure that the site is constantly accessible and free of faults of any kind, states that it may not be accessible and/or compatible with the computer systems used to access it, nor is it free of errors, viruses and/or other computer type malfunctions.
Consequently, whoever accesses the site is aware and expressly accepts that its use is thus to be considered "on as available basis".
IKRIX S.P.A. is not liable for any problems, damages or risks the user may encounter during site use.
IKRIX S.P.A., while meeting international internet standards, cannot guarantee the full protection of its site against viruses or any harmful elements.
IKRIX S.P.A. is not liable for any malfunctions tied to turning off cookies in the user's browser.
IKRIX S.P.A. reserves the right to review, update and rectify the terms and conditions contained in these legal notes, whenever deemed appropriate, without prior notice.
The user is requested to observe the terms contained in these legal notes and to periodically access this section to check for any updates, changes and corrections. - Site use
In addition to that stated in the previous paragraph 3, IKRIX S.P.A. states that site content cannot be fully or partially copied, reproduced, republished, uploaded, transcribed, transmitted or distributed, in any way or form, without prior written authorisation of IKRIX S.P.A., excluding the print, download and display of site content for solely personal and non commercial use and provided that the material in question is not modified in any way and all the information concerning intellectual and/or industrial property rights enclosed thereto are maintained.
Likewise, site content cannot be fully or partially disclosed through communication channels such as the internet, television and radio broadcasting systems or of any other nature without the prior written authorisation of IKRIX S.P.A.
Furthermore, the information and material contained in the site cannot be used for trade purposes to create databases of any type or nature, nor saved (fully or partially) in pre-existent databases, whether exclusively accessible by the developer or provided by third parties. - Linking and Framing
IKRIX S.P.A. informs you that, in order to create links with its homepage currently accessible at the web address http://www.theclutcher.com/ (the "Home Page"), a request must be sent via e-mail to [email protected] indicating: (a) the data concerning the person in charge of technical link management aspects (including the e-mail address and phone number); (b) applicant company data; (c) indication of the website address where the link to the Home Page will be created; (d) the purposes for the creation of the link; (e) any other information deeded useful to receive authorisation from IKRIX S.P.A.
When authorised by IKRIX S.P.A., the creation of a link to the site attributes a non-exclusive and non-transferable license for the use of the "The Clutcher" name and brand for the sole and exclusive purpose of creating a link from the site owned by third parties to http://www.theclutcher.com, with the express exclusion of any other use. In any case, IKRIX S.P.A. exclusively recognised the possibility of creating a link with its Home Page and not with internal site pages, maintaining the full and total ownership and availability of the "The Clutcher" brand and relevant homepage http://www.theclutcher.com.
Without the prior written authorisation of IKRIX S.P.A., creating links to the site Home Page or internal and/or accessory site pages, thus creating a so-called "deep link" as well as hooking or presenting site content in another website, consequently implementing so-called "framing" is prohibited. IKRIX S.P.A. hereto reserves the right to initiate legal proceedings against any link to the homepage http://www.theclutcher.com or internal/accessory site pages not previously authorised and/or any "framing" operation.
On this topic, please note that the violation of that stated in the previous paragraph is considered punishable as unfair competition, regulated by current law. - Material sent to IKRIX S.P.A.
Provided that foreseen in the following article 11, sending any material to IKRIX S.P.A., via e-mail or the site, shall imply the express authorisation for its free reproduction, use, disclosure, display, transformation, copy and distribution to third parties without an restrictions or prior authorisation. Likewise, provided the observance of moral copyright, all text, ideas, concepts, know-how and/or technical know-how contained in the material in question may be freely used and economically exploited by IKRIX S.P.A. for any purpose, including but not limited to, the development, production and commercialisation of products that use and are associated or connected with this material. By sending material to IKRIX S.P.A., the user states and guarantees his/her exclusive ownership, or to have obtained the right to freely use the same with the consequent full exclusion of the risk that its used could infringe any and all third party rights. Considering the "open" nature of the internet, IKRIX S.P.A. expressly recommends the user does not send material via electronic communication channels deemed not freely usable by third parties.
8. Warning on content
IKRIX S.P.A. provides information on the site to render services to its customers but is not liable for any technical or actual technical inaccuracies and/or typographical errors which, if reported, shall be immediately corrected.
IKRIX S.P.A. reserves the right to make corrections, rectifications and changes to the site when deemed necessary and opportune without prior notice.
IKRIX S.P.A. agrees to avoid publishing content on the website that represent physically or psychologically violent scenes or situations or which could be deemed harmful to civil beliefs, human rights or human dignity, in all its forms and expressions.
IKRIX S.P.A. also strives to ensure its content contains correct and/or updated information, compared to the date of their publication in the website and, for as much as possible, subsequently. However, IKRIX S.P.A. is not liable for the accuracy and completeness of published content, excluding its liability for malice and serious misconduct and provided that otherwise provided by law. - Applicable law
The conditions must be considered regulated by Italian Law and must consequently be interpreted applying this law. Accessing the site www.theclutcher.com, users state to accept all the question tied to site use despite solely subject to the law in force in Italy.
The General Sales Conditions regulate relations concerning product purchases through the site. For all that not expressly regulated in these General Sales Conditions, please refer to the provisions set forth by Italian law and specifically:
- legislative decree nr. 114 dated March 31, 1998 on the trade sector reform
- legislative decree nr. 185 dated May 22, 1999 on consumer protection concerning remote contracts
- legislative decree nr. 24 dated February 2, 2002 on some sales aspects and consumer guarantees
- legislative decree nr. 70 dated April 9, 2003 on some aspects concerning e-commerce.
- legislative decree nr. 196 dated June 30, 2003 with the privacy code.
Any disputes between IKRIX S.P.A. and the end user shall be submitted to the court of Genoa.
- Site access from abroad
Anyone who accesses the site from a country other than Italy must fully observe the conditions and laws in force in this country and expressly guarantees that the site and its material will not be used to infringe these laws.
IKRIX S.P.A. does not provide any guarantee that the information published on the site meet the laws foreseen by the jurisdiction of the user and/or customer's country of residence: thus, accessing site content from countries in which the content and its use is illegal is strictly prohibited. Users who choose to access the site from these countries are aware of the legal consequences and risk they run and are solely liable for the violation of local law. - Site modifications or supplements
IKRIX S.P.A. informs you that it may autonomously replace, add, modify and/or supplement the site and/or its material and technology used at any time at its discretion. On this topic, IKRIX S.P.A. expressly states that this may temporarily or permanently impede access to the site and/or its content.
IKRIX S.P.A. shall attempt to ensure continuous access to its website, but the dynamic nature of internet and its content could cause suspensions, interruptions or discontinuities also due to the need to update the website.
Please contact use via e-mail at [email protected] for any problem found when using our website.
Likewise, we recommend you contact your internet service provider or make sure that any internet device and web content access is correctly activated, including your internet browser.
IKRIX S.P.A. has adopted technical and organisational measures suited to protect the security of its services and the integrity of the data concerning traffic and electronic communications against unpermitted use. These same precautions were adopted to avoid the risk of disclosure, destruction and loss of confidential and non data and information, concerning its users, or unauthorised or illegal access to the same data and information. - Privacy
Pursuant to article 13, Legislative Decree 196/2003 on the privacy code, THE CLUTCHER, as data "controller", informs the user that the personal data provided and simultaneously acquired (i) upon registration in the reserved site area, (ii) at the closure of a purchase contract for any product with IKRIX S.P.A., (iii) to the request for information regarding products and services offered by this company, whether written or oral using any communications means, (iv) when navigating on the site through so-called system "logs", will be processed for the following purposes: - THE CLUTCHER's performance of the activities necessary to close, manage and execute product purchase contracts via its owned site;
- for purposes strictly associated and/or necessary to meet the requests formulated by the user through its site or via e-mail or other communication tool accordingly;
- for purposes associated with obligations required by laws, rules and community regulations as well as the provisions imparted by the authorities strictly legitimated for such purposes by law or supervision and control boards;
- delivery of the newsletter and promotional material on the services and products offered by IKRIX S.P.A. whether or not published on the site.
Regarding the previously indicated purposes, personal data is processed using manual, computer and electronic tools with logics strictly associated with the purposes in question and, in any case, to guarantee data security and privacy. Furthermore, should this be necessary to satisfy and meet user requests, the user's data may be communicated to companies other than IKRIX S.P.A. without any prior authorisation issued by the user.
Data will be kept within the EU, on servers specifically dedicated to this service by IKRIX S.P.A.
With reference to the purposes indicated above, IKRIX S.P.A. would like to inform you that providing data is mandatory for the purposes stated in sub 1), 2) and 3), with the consequence that, in these assumptions, any refusal to provide data result in the impossibility for THE CLUTCHER to meet user requests.
In consideration of the above, with reference to the processing stated in previous number 4), IKRIX S.P.A.informs you that with (i) site registration, (ii) placing orders on-line and consequent purchase contract closure, (iii) the request for information on products and services offered by IKRIX S.P.A., whatever form or vehicle used by the user to send this request to the company, (iv) site navigation via so-called system “logs” , the customer expressly consents and states to accept the simultaneous registration for the newsletter to receive promotional material on the products and services offered by IKRIX S.P.A., without requiring the latter to request the user's consent for this type of process case by case.
Due to the previous paragraph, IKRIX S.P.A. shall be implicitly authorised by the user to send the newsletter and promotional material on the services and products offered by IKRIX S.P.A., without the need of any additional and prior request for the user's authorisation, when the latter (i) registers on the site, (ii) closes a purchase contract with IKRIX S.P.A., (iii) requests information on products and services offered by IKRIX S.P.A., both in written and oral form using any communication means, (iv) navigates on the site using so-called system "logs".
Lastly, IKRIX S.P.A. informs you that article 7, Legislative Decree 196/2003 grants users who provide their personal data specific rights. Specifically, the user can obtain from the data controller or any processor the confirmation as to whether or not personal data concerning you exist, even if not yet recorded, and their communication in intelligible form The data subject can also ask to be informed on the source of the personal data as well as the logic and purposes on which processing is based; obtain the cancellation, anonymisation or blockage of data processed in infringement of the law as well as the update, rectification or, when in his/her interest, the integration of data; object, for legitimate reasons, to their processing
The user can exercise the rights granted in article 7, Legislative Decree 196/2003 by sending a communication via e-mail to the following address: [email protected]
In order to learn of variations or changes to policies followed by IKRIX S.P.A concerning personal data privacy, due, mainly, to regulatory changes, it is best the user constantly consults this document.
