App Use Conditions

Use Conditions

GENERAL TERMS AND CONDITIONS 
PIQUADRO WEBSITE AND APP

 

LAST UPDATE 12 MAY 2023

PREAMBLE

These General Terms and Conditions (hereinafter referred to as 'General Conditions'):

  • are intended to regulate the terms of use of the website  https://www.piquadro.com/it/  , (hereinafter referred to as the 'Website') and the App called 'Piquadro' (hereinafter referred to as the 'App');
  • are applicable to the use of the Website and the App and the Services hereinbelow;
  • shall be intended to regulate the terms and conditions for using the related services (hereinafter referred to as the 'Services');
  • shall form an integral part of the Website, App and Services provided by Piquadro;

 

Unless expressly stated otherwise, any improvement of one or more existing services or any new service promoted by Piquadro shall be subject to the following General Conditions.

Piquadro reserves the right to update or modify these General Conditions. Any modifications and addendum shall be in full force and effect from the date when they are notified to Users by publication on the Website or the App, and will apply from that date.

By downloading, installing or using the App, or using the Services in any way, the User hereby confirms that he/she has read, fully understood and accepted without reservation these General Conditions. BY ACCEPTING THESE GENERAL CONDITIONS, THE USER ENTERS INTO A CONTRACT WITH THE COMPANY PIQUADRO AND UNDERTAKES TO COMPLY WITH ALL THE PROVISIONS OF THE GENERAL CONDITIONS:

Piquadro S.p.A.

Loc. Sassuriano, 246

Silla di Gaggio Montano (40041 - BO)

Tax Code and VAT No. 02554531208

Registered with the Register of Companies at the Chamber of Commerce of Bolonia under no. 448505

Tel.: +39 0534 409001 - 0534 409042

Fax: +39 0534 409090

piquadro@piquadro.com

 

In the event of a Consumer-User, meaning the natural person who buys for purposes that are not related to his/her business or professional activity, if any, the provisions of the Italian Consumer Code, Italian Legislative Decree no. 206/2005 as amended and supplemented, shall apply.

 

TERMS OF USE OF THE PIQUADRO WEBSITE AND APP

 

ART. 1 – LICENSE TO USE THE PIQUADRO SOFTWARE

These General Conditions define and regulate the contractual relationship between Piquadro S.p.A. (hereinafter also referred to as the 'Owner'), with registered office in Loc. Sassuriano, 246, Silla di Gaggio Montano (40041 - BO), as the owner of the website   www.piquadro.com  , the usable software, as well as the App called Piquadro, and the users (hereinafter referred to as the 'User').

The Owner hereby grants the User a limited, non-exclusive, non-transferable and non-sub-licensable license to access the Piquadro Services and make personal, non-commercial use of them.

The Piquadro Services can be activated through the following programs (hereinafter referred to as the 'Software'):

PIQUADRO APP: App for mobile devices and smartphones functional to locate products through the Connequ device or the electric charging of mobile devices through the Power Bank device. www.piquadro.com: website owned by Piquadro S.p.A. through which the User purchases and/or customizes products after registering a personal account.

The listed systems are based on software developed directly by the Owner or Piquadro partners.

The User will enjoy a wide range of products and services dedicated to the final consumer.

In particular, these products and services are:

  • the possibility of searching the online catalogue;
  • the sale of non-bespoke products, such as bags, backpacks, trolley suitcases, leather goods in general, etc.;
  • the making of customized products through the UNICA service - laser and printing - or the SARTORIA service (TAILORING) - customization, engraving, laser and printing) upon request by the User;
  • the request for a SIGNO label, the CONNEQU device or the POWER BANK;
  • the use of integrated software for online shopping designed and developed by and under the direction and coordination of the company Piquadro, which holds the exclusive right to use it as well as to grant third parties the right to use it;
  • the PIQUADRO App for associating products with the Connequ or Power Bank devices for locating products or electrically charging digital devices.

 

This license shall not include the right of resale or commercial use of each Piquadro Service or its content, or the right to (a) collect and use lists, descriptions or prices of products; (b) make derivative use of the Piquadro Services or their content; (c) download or copy account information for the benefit of another reseller; or (d) use data mining, robots or similar data acquisition and extraction devices.

All rights not expressly granted by means of these General Conditions shall remain with Piquadro or its licensors, suppliers, publishers, owners or other service providers.

 

ART. 2 – REQUIREMENTS FOR THE USE OF THE WEBSITE AND THE APP

The Piquadro Website and App are reserved for persons aged 18 years or older.

 

ART. 3 –DOWNLOADING THE APP AND HOW TO USE THE SOFTWARE

To have access the Company's websites and use its Software for developing and ordering products, or their geolocation, the User shall have access to the Internet - any cost, including connection costs, shall be exclusively borne by the User) and the necessary equipment - e.g. computer, mobile device, smartphone modem, as well as any other Internet connection devices - to allow him/her to download the App, as well as data, files and digital pictures.

The User shall have the right to use the Piquadro App only on a mobile device and access the Piquadro App and the relevant services by downloading the App for free from iTunes (iOS version) and Google Store (Android version).

When the User downloads our App from the Apple App Store, Google Play, or other app stores or app distribution platforms (hereinafter referred to as an 'App Store'), he/she acknowledges and agrees that:

  • these Terms are between the User himself/herself and Piquadro, and not the App Store, and Piquadro - not the App Store - is solely responsible for the App;
  • the App Store is under no obligation to provide maintenance and support in connection with the App, or handle any warranty claims;
  • the App Store shall not be held liable for resolving any claims regarding the App, including product liability claims, consumer protection claims, intellectual property infringement claims or any other claim that the App does not fulfil  all applicable legal or regulatory requirements;
  • the App Store is a third-party beneficiary of these Terms and shall have the right to enforce these Terms with the User - with respect to licensing the App through the App Store. The User shall also comply with the App Store Terms of Service when he/she uses the App.

 

The Website and the App use encryption techniques for encrypting the material contained therein, while safeguarding and preserving the User's personal data.

The User shall refrain from using the Services for illegal or unauthorized purposes. If he/she does, the Owner reserves the right to deactivate the Username and the related service as specified in Paragraph 14 hereinbelow.

The User is solely responsible for information, texts, images and data sent to Piquadro. The Owner reserves the right to, but not the obligation to, remove content and accounts that they deem illegal, offensive, defamatory, obscene and in violation of these terms and conditions.

The User shall under no circumstances whatever decode, alter or modify the service offered through the Piquadro Software.

The User shall refrain from using automated systems for sending messages to the Piquadro server.

The conduct as referred to hereinabove, including mere attempt, as well as any other behaviour aimed at infringing copyrights, trademark rights, other intellectual property rights, or third-party personal data protection rights, are strictly prohibited and shall constitute a material breach of this Contract.

In any event, the User shall be deemed solely responsible for the use of the Piquadro Software.

The Owner reserves the right to suspend access to the service by the User and report the User to the competent Authorities to prevent the perpetuation of the conduct described hereinabove, and protect their rights.

The use of the Website and the App involves data processing by Piquadro in compliance with the regulation on the protection of personal data as per separate information made available in dedicated sections on the Website or the App.

 

ART. 4 – MODIFICATION OF FUNCTIONS

The Owner hereby undertakes to keep the Piquadro Website and App active, error-free and secure.

The Owner, however, cannot guarantee the continuous, smooth operation of the Service.

The Owner reserves the right to make changes to the services or delete features at any time, notifying the User in advance of any substantial changes made.

 

ART. 5 – USER REGISTRATION CONDITIONS

The registration of the Account by the User is not mandatory to access, continue and complete the purchase of products through the Online Shop.

The registration of an Account by the User is required for using the App features.

Registration takes place on the Website and the App through a guided procedure where the User is requested to provide some details, including but not limited to his/her full name, e-mail, shipping and billing addresses.

The User undertakes to:

  • provide the personal information ('Registration Data') requested during this procedure, making sure that it is up-to-date, complete and truthful;
  • promptly and constantly update the Registration Data so that it is always up-to-date, complete and truthful.

 

If the User provides false, inaccurate, old or incomplete data, or if Piquadro, based on their own discretionary assessment, believes that the information provided by the User is false, inaccurate, old or incomplete, Piquadro shall have the right to deactivate, temporarily or permanently, the User's Account, thus preventing him/her from using the Service again.

The User shall keep his/her account and password information confidential and be responsible for all activities carried out under his/her Username.

At the end of the registration process, the User shall be assigned a Personal Account, which can be accessed through personal User Identification (ID) and Password (PW).

Any Account assigned by Piquadro is strictly for personal use.

The User is solely and exclusively responsible for keeping and properly using his/her access credentials to his/her Account - and, obviously, carrying out all kinds of activities that can be performed through its use -, therefore, the User hereby undertakes to correctly and carefully log in and log out, immediately notify Piquadro of any unauthorized use of his/her Account, as well as any other violation of the security rules he/she becomes aware of.

Piquadro shall under no circumstances whatever be held responsible for any damage arising in connection with non-compliance with these registration conditions, and the User shall be aware of the fact that, in order to regulate access to the Service, the authentication process requires verification of the User's ID and password.

The User shall therefore be held responsible for any detrimental consequence or prejudice that may arise, at the expense of Piquadro or any third party, as a result of improper use, loss, theft and/or undermining of the confidentiality of IDs and PWs.

All operations carried out through the User Account will result in the automatic attribution of such operations and the requests made in accordance with these General Conditions to the User himself/herself, without exception.

 

ART. 6 – PRIVACY AND DATA PROCESSING

Browsing the Website, downloading the App, registering the Account and, in general, any form of interaction with the Piquadro Services, involve the processing of data by Piquadro in compliance with the regulation on the protection of personal data as per separate information made available in dedicated sections on the Website or the App.

Piquadro, for example, shall have the right to collect and use technical data and relevant information, including but not limited to, technical information on the device, system and application software, which is collected periodically to facilitate the provision of software updates, product support and other services to the User - if any - regarding the products and services.

Piquadro reserves the right to use this information, also in aggregate form, to improve its products or provide services or technology to the User.

The User hereby acknowledges that Piquadro has not agreed to maintain or store all technical data or information regarding the use of the Services and that such data or information may be lost or otherwise unretrievable. For example, if the User accesses the Services via the App on his/her smartphone, the Location History may be lost if he/she loses his/her phone, does not remember his/her password and downloads the App on a new device.

 

ART. 7 – DURATION OF THE USE LICENSE

This Agreement will commence on the date of activation of the App or use of the Software and will be automatically renewed on the last day of each month, without prejudice to withdrawal or termination as provided for herein.

It is understood that in the event of withdrawal or termination, the Licensee shall have the right of use and exploitation in the reference mode only until the expiry of all legal guarantees filed by the Licensee on behalf of their Users.

The Licensee shall have the right to withdraw from this Agreement at any time by uninstalling the APP.

 

ART. 8 - COPYRIGHT, DATABASE RIGHTS, TRADEMARKS AND PATENTS.

The User hereby accepts and acknowledges that the Piquadro Website and App, which include, by way of example, texts, graphics, editorial content, logos, icon buttons, images, audio and video files, digital downloads, data collections and software are the property of Piquadro and include information covered by proprietary rights and materials owned by Piquadro, and are protected by intellectual property regulations, as well as other applicable provisions, including but not limited to copyright.

The graphics, logos, page headers, icon buttons, characters and service marks included in or made available through the Piquadro Website, App, or any of the Piquadro Services are Piquadro's trademarks or trade dress.

Piquadro's trademarks and trade dress may not be used in connection with any product or service that is not Piquadro's, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits Piquadro.

All other trademarks not owned by Piquadro that appear in Piquadro Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Piquadro.

The Piquadro Services and the features accessible through those services are protected by one or more patents owned by Piquadro.

The goods listed above are protected by the regulations on intellectual property, copyright and database rights, the Italian Industrial Property Code, Civil Code and Criminal Code, as well as any applicable provisions.

The User hereby agrees that he/she will use such proprietary information or materials only for using the Website and App in compliance with this Agreement.

No portion of the Piquadro Services may be systematically extracted and/or reused without the express written consent by Piquadro. In particular, the User may not use any data mining, robots, or similar data gathering and extraction tools to extract - whether once or many times - for re-utilisation of any substantial portion of the Piquadro Website and App or any of the related Services without Piquadro's express written consent. The User may also not create and/or publish a database that features substantial portions of any Piquadro Service -e.g. prices and product listings - without Piquadro's express written consent.

No Piquadro Service, nor any portion of any Piquadro Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Piquadro's express written consent.

The User may not frame or use framing techniques to enclose any trademark, logo or other proprietary information - including images, text, page layout, or form - of Piquadro without Piquadro's express written consent. The Users may not use any meta tags or any other hidden text utilising Piquadro's name or trademarks without Piquadro's express written consent.

The Owner is the exclusive owner, at the national and international levels, of the Piquadro Service, logo, interactive functions, design, script and graphics.

No portion of the Piquadro Website, App or any of the Piquadro Services may be reproduced in any form or by any means, except as expressly permitted by these General Conditions.

The User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Piquadro Site, App or Services, in any manner, and he/she shall not exploit the App in any manner that has not been expressly authorized.

Notwithstanding anything to the contrary in this Agreement, Piquadro reserves the right to change, suspend, remove or disable access to the application without notice.

Under no circumstances shall Piquadro be held responsible for these changes.

Piquadro may also impose use or access restrictions or limits on certain features or portions of the service at any time without notice or liability.

 

ART. 9 - DIGITAL CONTENT AND INTELLECTUAL PROPERTY

The digital content provided by the User shall be retained by Piquadro solely for the purpose of orders or service and immediately deleted upon completion or otherwise in accordance with the requested service.

Piquadro has no power to control or intervene on the digital content sent by the User, therefore under no circumstances this content can be verified or modified.

The processing of the digital content provided by the User and its deletion shall take place in full compliance with the legislation on the protection of personal data, and all possible measures shall be taken to avoid any abuse, accidental or deliberate manipulation or access by unauthorized persons.

The User acknowledges that all information, photographs, images and files ('Content') transmitted by him/her are the sole and exclusive responsibility of the persons from whom such Content comes, it being understood that the User, and not Piquadro, is solely and exclusively responsible for any Content posted or transmitted or disclosed through the Piquadro Website and App.

The Owner has no control over the Content transmitted and/or disseminated through the Piquadro Website, App and Service, therefore Piquadro will not guarantee that it is lawful, truthful, accurate and of quality.

The User undertakes not to use the Piquadro Website and App to: (1) post or transmit in any way possible Content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or libelous, vulgar, obscene, invasive of another's privacy, racist, classist or otherwise reprehensible; (2) cause harm to minors in any way possible; (3) post or transmit or disseminate in any way possible Content the User is not allowed to transmit or disclose by virtue of a provision of law, a contract, or as a result of a relationship of trust; (4) engage in framing activities; (5) post or transmit or disseminate in any way possible Content that involves the infringement of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of third parties; (6) post or transmit or disseminate in any way possible content that contains computer viruses or any other computer code, files or programs designed to disrupt, destroy, or limit the functionality of any third-party software, hardware or telecommunications equipment; (7) interfere with or disrupt the App, servers or networks connected with the Service, act contrary to any requirement, procedure or rule of the networks connected with the Service; (8) breach, intentionally or unintentionally, any applicable law or regulation.

The User acknowledges that Piquadro cannot control the Content in advance, as they are not able to do so.

However, Piquadro and its designees reserve the discretionary right – without undertaking any obligation in this regard – to refuse or remove any Content accessible through the App.

Piquadro and its designees reserve the right to remove Content that constitutes a breach of these General Conditions.

The User agrees to fully and independently assess, taking all risks, any content, in particular waiving, at all times and in all cases, right to complain when the truthfulness, exhaustiveness or usefulness of the Content has been undermined. 

The User acknowledges and accepts that Piquadro has the right to store the Content and disclose it to third parties for the following purposes: a) to its related companies, to enable the proper functioning of the Webite and the App, effectively provide the Service to the User, and administer the User Account in accordance with the established operating procedures; b) in those cases provided for by law or if Piquadro deems it necessary and/or appropriate to: (i)comply with legal procedures; (ii) enforce the General Conditions; (iii) respond to complaints by third parties for violating their rights; (iv) protect the rights, property or security requirements of Piquadro, its users and third parties.

The User also acknowledges and agrees that the technical processing, transmission or dissemination of the Service, including the Content, may involve the following:

  • a) the transmission or dissemination of the Content on - or through - other networks;
  • b) the need to make changes to adapt and make the Content consistent with the technical specifications of other networks and connection equipment.

 

The User shall remain the owner of any Content transmitted and guarantees Piquadro that no intellectual property, trademark, or any other third-party rights have been counterfeited and infringed.

 

ART. 10 - CONFORMITY OF PRODUCTS AND SERVICES TO THE REQUIREMENTS SET OUT IN THE AGREEMENT AND LEGAL GUARANTEES

To the extent required by the applicable law, Piquadro guarantees that the Website, App, Products and related Services comply with the requirements set out in the Agreement and fulfil objective and subjective compliance requirements. In particular, Piquadro ensures:

  • their compliance with the description, type, quantity and quality set out in the Agreement;
  • their suitability for the desired use specified by the User at the time of conclusion of the Agreement;
  • their suitability to meet the purpose for which products and services of the same type are normally used;
  • that they have the same characteristics - including in terms of durability, functionality, compatibility and safety - as  products/services of the same type and that the User can reasonably expect.

 

Piquadro also undertakes to ensure that the Site, App and related Services are constantly updated and provide, in compliance with legal requirements, the User with periodic free updates, also regarding security. If the User fails to install the update provided within a reasonable time frame, Piquadro shall not be held liable for any lack of conformity resulting from failure to install the relevant update.

The legal conformity guarantee covers any lack of conformity existing at the time of delivery/collection of the product(s) and that manifests itself within two years from that moment, with the exception of defects/deviations from particular characteristics of the product(s) and the objective conformity requirements, in relation to which the User was specifically informed at the time of conclusion of the Agreement.

There is no lack of conformity in accordance with the law if at the time of conclusion of the sales agreement the User had been specifically informed of the fact that a particular characteristic of the good in point deviated from the objective conformity requirements provided for by the relevant regulations, and the User expressly and separately accepted such deviation at the time of conclusion of the sales agreement.

Lack of conformity regarding the digitally purchased products shall be reported within a maximum of twenty-six months from delivery/collection, by sending a specific request for assistance to the Customer Service, as specified in the FAQ section online, or, alternatively, by sending a message from the dedicated Contacts section.

In accordance with the law, in the event of lack of conformity the User shall have the right to the following remedies:

  • repair or replacement of the product(s), where the User, at his/her own choice, can exercise these rights alternatively, provided that they are not impossible or do not impose disproportionate costs on Piquadro, taking into account the magnitude of the defect and the value of the product in the absence of such defect;
  • proportional reduction of the price or termination of the contract, where the conditions set out in subparagraphs (a), (b), (c), and (d) of paragraph 4 of Article 135-bis of the Italian Consumer Code are fulfilled, unless it is a minor defect within the meaning specified therein.

 

Where possible within the terms hereinabove, the repair/replacement of the product(s) is free of charge for the User and shall take place within a reasonable time from receipt and verification by Piquadro of the reporting of the lack of conformity and the request for activation of the remedy chosen by the User.

In this case, the User shall make available to Piquadro the products to be repaired/replaced.

The alternative remedies of price reduction and termination of the contract shall be in accordance with the conditions and methods set out in Article 135-quater of the Italian Consumer Code, which is deemed to be referred to in full herein.

If the User chooses either the reduction of the price or the termination of the contract, Piquadro shall verify the existence of the conditions for the User's request and notify the User.

The remedies to guarantee product conformity referred to hereinabove shall constitute legal obligations for Piquadro and not be in any manner prejudiced or replaced by any additional conventional guarantees Piquadro reserves the right to agree.

Unless otherwise provided for in this chapter, the provisions of the Italian Civil Code regarding the formation, validity and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

 

ART. 11 - LIMITATION OF LIABILITY

The User hereby acknowledges and expressly declares that:

  • use of the Piquadro Website and App shall be made at his/her sole discretion and own risk;
  • the Site and the App are provided as they are and as they are available, or otherwise in the version that is available from time to time;
  • Piquadro shall not be held liable regarding the use, availability, punctuality, erasure, non-provision, updating, absence of defects and correction, quality and compatibility of the service for a specific use, or compliance with the rules on use of the service by users. No advice and information, either oral or written, obtained from Piquadro or during the use of the service shall translate into guarantees not expressly provided for by the General Conditions;
  • all materials downloaded or obtained in any other way during the use of one of the services are at the User's own risk;
  • the App and Services are solely designed to help Users locate their associated, lost personal items - such as wallets, trolleys and backpacks - nearby. These are not designed to offer or actually offer any real-time tracking capabilities. All liability arising in connection with use of the App and/or services for purposes other than the intended design is disclaimed.

 

Except to the extent required by law, Piquadro shall not guarantee that the Website and the App will always be available or uninterrupted, nor shall Piquadro cover damage to the equipment - i.e. computer or mobile device - or any loss of data following the download of the material.

The User undertakes to indemnify Piquadro against any damage, complaint or claim from third parties resulting from (i) posting, the dissemination, use or transmission of the content by the User; (ii) the use of the Site, App and related Services; (iii) the breach of the General Conditions; or (iv) the violation of others' rights. This guarantee shall be understood to cover the compensation payment claimed, lawyers' fees and court costs.

The User acknowledges and agrees that, in so far a the applicable regulations allow, Piquadro shall not be held liable for any direct or indirect damage, including costs or expenses, loss of profit, data or any other loss of tangible or intangible property - even if Piquadro has been informed of the potential for such damage - that may result from (i) the use or otherwise the impossibility to use the Site, App and Services; (ii) the acquisition of goods or a transaction made while using the Site, App or Services; (iii) as a result of unauthorized access to the Site, App or any of the Services; and, (iv) more generally, any other matter in connection to the Piquadro Website and App.

 

ART. 12 – GENERAL PROHIBITIONS

The User agrees to refrain from:

  • using the Services or Content for commercial purposes or the benefit of third parties or in any way that is not permitted by these Terms;
  • using the Services to track location or collect personally Identifiable Information (PII) from any other person without their explicit permission;
  • intercept communication packets between the Piquadro hardware and mobile devices, or attempt to reverse engineer the Bluetooth profile or the Connequ or Power Bank protocol;
  • accessing, tampering with or using non-public areas of the Services, Piquadro's computer systems or the technical delivery systems of Piquadro's suppliers;
  • interfering with or trying to interfere with any user's access, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • attempting to access or searching the Services or Content, or downloading the Content from the Services by means of any tool, device or mechanism - including spiders, robots, crawlers, data mining tools or the like - other than the software and/or search agents provided by Piquadro or other generally available third-party web browsers;
  • posting or transmitting Content that: (i) infringes, misappropriates or infringes patents, copyrights, trademarks, trade secrets, moral rights, or other third-party intellectual property rights or publicity or privacy rights; (ii) violates or encourages any conduct that would infringe any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, fanaticism or bigotry, racism, hatred, harassment, or harm against individuals or groups; (vi) is violent or threatening or promotes violence or actions that threaten persons or entities; or (vii) promotes illegal or harmful activities or substances;
  • violating any applicable law or regulation, including stalking, harassing or monitoring others for illegal or criminal purposes;
  • encouraging or permitting other individuals to do the foregoing.

 

If the User or someone using a User's Account brakes these rules and fails to remedy after a warning, Piquadro shall have the right to take action to protect its rights, including the withdrawal of access to some or all of the Products and Services or by deactivating the Account in point as described in Paragraph 14 hereinbelow.

In the event of serious violations, Piquadro shall have the right to take these actions without notice. Whenever possible, Piquadro shall inform the User about the action they will take in response to any violation of these rules or breach of this Agreement.

 

ART. 13 – EXPRESS TERMINATION CLAUSE

  1. Any breach of these General Conditions shall result in the withdrawal of the authorization or license issued by Piquadro.
  2. Failure to fulfil the obligations on the part of the User shall result in the termination of this Agreement, and Piquadro shall reserve the right to claim compensation and damages before a court.
  3. Access to the Website or the App and the Services will be deactivated and therefore it will no longer be possible to access and use them or any content developed through them.

 

ART. 14 - ACCOUNT DEACTIVATION

Piquadro shall have the right to deactivate or delete the User Account or suspend access to the Website or the App, or remove, move or refuse the dissemination of Content within the Website or the App for any reason, in particular: (i) if the Account has not been used for twelve months, (ii) if Piquadro has legitimate reasons to believe that the User has violated or acted in contradiction with the General Conditions and (iii) in the event of any behaviour Piquadro deems harmful to other users, Piquadro's business, or third parties.

Any measure taken by Piquadro in relation to the Account and the right of access to the Service by the User may intervene immediately and in the absence of prior formal notice, without any liability being attributable to Piquadro in relation to it.

In turn, the User shall have the right to delete his/her Account at any time following the procedure on the Website or the App.

In case of deactivation or deletion request, all rights and licenses transferred to the User under these General Conditions shall cease to have effect immediately and the User will no longer have right to access the Account and will not be entitled to any refund and/or compensation payment.

 

ART. 15 - COMMUNICATIONS

Any communication between the parties hereto shall be made in writing, e.g. via e-mail or ordinary mail.

Piquadro may notify changes to these General Conditions also by direct alerts to Users on the Website or the App.

As part of the Services, enabled Users may receive push notifications, texts, alerts, emails or other types of messages sent directly outside of the App or in-App messages (Push Messages).

The User has control over the settings of push messages and may accept or reject these push messages through the Services - with the exception of infrequent, minor service announcements and administrative messages.

Third-party messaging charges may apply for some push messages depending on the plan the User has agreed upon with his/her MNO.

 

ART. 16 - APPLICABLE LAW AND JURISDICTION

These General Conditions and the relations between Piquadro and the User are governed by the law of the Italian Republic.

If any dispute arises between the parties in relation to these General Conditions or the use of the Service, it shall be subject to the exclusive jurisdiction of Italian courts, in particular the Court of Bologna, excluding any other court. In the event of a Consumer-User jurisdiction shall be determined pursuant to Article 66 bis of the Italian Consumer Code.

This agreement has been drawn up in Italian and, in case of conflict, shall supersede any previous versions and/or further versions translated into foreign languages. Considering the global nature of the Internet, the User undertakes to abide by all rules regarding the behaviour of Internet users, permissible content and the applicable regulation on data transmission and the quality of content, applicable in the country where the User is located.

 

ART. 17- MISCELLANEOUS

These General Conditions shall form the sole and exclusive agreement between the User and Piquadro, prevailing over any agreement previously entered into by them.

The User shall also comply with any General Conditions concerning the use of Services that are complementary or linked to third-party content or relating to the rules of use of third-party software.

Failure by Piquadro to exercise any of the rights provided for by the law or under these General Conditions shall not constitute a waiver of that right.

It is understood that, if one or more provisions of these General Conditions is/are declared invalid by the Court with jurisdiction, the effectiveness of the other clauses hereinabove, as well as the other General Conditions that precede, shall in any case remain binding.