These Terms govern

• the use of OperaPrima.eu and
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The User is requested to read this document carefully.
OperaPrima.eu is a service of:
Opera Prima Via Castellantico, 33,
30035 Mirano Venice, Italy
Owner's email address: operaprimaparfum@gmail.com





About OperaPrima.eu

ARTICLES AND IMAGES ONLINE
OperaPrima.eu declines all responsibility for the possibility that, due to a particular configuration of the computer used by the customer or to a malfunction, the colours of the products displayed on the site may be slightly different from the original ones. Any use by third parties of images on the OperaPrima.eu site is prohibited and will be prosecuted to the full extent of the law. For further information please contact: operaprimaparfum@gmail.com.

AVAILABILITY OF ARTICLES

As the manufacturer of the products shown on the site, OperaPrima.eu guarantees the authenticity of each item. Upon receipt of the order request, OperaPrima.eu reserves the right to reconfirm the availability of the goods. If the ordered items are not available, or if for some reason the order cannot be processed as per the customer's request, the Order Department of OperaPrima.eu will promptly notify the customer

EXTRA EU SHIPMENTS

Any customs duties and import taxes are entirely the responsibility of the recipient of the goods.

What you need to know at a glance

Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use of OperaPrima.eu set out in this section are of general application.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using OperaPrima.eu the User declares to satisfy the following requirements:

There are no restrictions regarding Users as to whether they are Consumers or Professional Users;

CONTENTS ON OperaPrima.eu

Unless otherwise specified or clearly recognizable, all content available on filipposorcinelli.com is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on OperaPrima.eu does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to the rights and claims legally enforceable, Users are asked to address the related complaints to the addresses specified in this document.

Rights on the contents of OperaPrima.eu

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on filipposorcinelli.com, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on OperaPrima.eu, the User is authorized to download, copy and/or share certain content available on filipposorcinelli.com exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

ACCESS TO EXTERNAL RESOURCES

Through OperaPrima.eu Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any possible grant of rights in content, are determined by those third parties and governed by their terms and conditions or, in the absence thereof, applicable law.

PERMITTED USE

OperaPrima.eu and the Service may only be used for the purposes for which they are offered, according to these Terms and applicable law.

It is the User's sole responsibility to ensure that his or her use of filipposorcinelli.com and/or the Service does not violate any law, regulation or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to filipposorcinelli.com or the Service, terminate contracts, report any reprehensible activity carried out through filipposorcinelli.com or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User carries out or is suspected of carrying out:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• actions that may significantly harm the legitimate interests of the Data Controller;
• offences to the Owner or to a third party.
  

Limitation of Liability and Indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damages related to the execution of the Agreement will be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees harmless to the extent permitted by law from any claim or demand – including, without limitation, legal fees and costs – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or the law, committed in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, on the basis of negligence.

Limitation of liability for User activities on OperaPrima.eu

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.

The foregoing does not limit the liability of the Owner for death, personal injury or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damage caused by fraud or gross negligence, provided that the use of filipposorcinelli.com by the User has been suitable and correct.

Unless the damages have been caused by intent or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is only liable to the extent of damages typical for the type of contract and foreseeable at the time of conclusion.

US USERS

Disclaimer of warranty

The Owner provides OperaPrima.eu “as is” and as available. Use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes conditions, representations and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly provided herein.

Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected by hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.

Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights. Users may also have other rights which vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.

Limitation of liability

To the maximum extent permitted by applicable law, under no circumstances shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any

• any indirect, punitive, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
• any error, omission or inaccuracy in the contents;
• personal injury or material damage, of any nature, resulting from the User's access to or use of the Service;
• any unauthorized access to the Data Controller's security servers and/or to any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from

your use of or access to the Service, including any data or content transmitted or received by you;

your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;

your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;

the violation by the User of any applicable law, rule or regulation

any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including where access is made by a third party using your personal username and password or other security measures, if any;

the User's malicious conduct; or

the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

NO WAIVER IMPLIED

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

SERVICE INTERRUPTION

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

RESELLING THE SERVICE

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit OperaPrima.eu or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reselling program.

PRIVACY POLICY

Information on the processing of Personal Data is contained in the privacy policy of OperaPrima.eu

INTELLECTUAL PROPERTY

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to OperPrima.eu are held exclusively by the Owner or its licensors and are protected under applicable legislation and international treaties relating to intellectual property.

All trademarks – denominative or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with OperPrima.eu are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

CHANGES TO THE TERMS

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Exception for Consumers in France

Notwithstanding the foregoing, any modification of these Terms will be communicated in writing at least one month before it becomes effective. If the Consumer (acting as such in France) does not accept the modified Terms, he will have the right to withdraw from the Agreement without prejudice and without any right to compensation within four months from the date on which the modifications of the Terms became effective.

ASSIGNMENT OF CONTRACT

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions regarding the modification of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

CONTACTS

All communications relating to the use of filipposorcinelli.com must be sent to the addresses indicated in this document.

SAFEGUARD CLAUSE

If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to make it valid, effective and consistent with the original intent.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter regulated and prevail over any other communications, including any prior agreements, between the parties with respect to the subject matter regulated.
These Terms will be implemented to the fullest extent permitted by law.

European users

If any provision of these Terms is or becomes void, invalid or ineffective, the parties will do their best to find, in an amicable way, a valid and effective provision to replace the void, invalid or ineffective one.
In the event of failure to reach an agreement within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal provisions.

Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

APPLICABLE LAW

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, regardless of conflict of laws rules.

Prevalence of national law

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law will apply.

JURISDICTION

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who qualify as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

UK consumers

Consumers based in England and Wales may bring proceedings in relation to these Terms in the English and Welsh courts. Consumers based in Scotland may bring proceedings in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland may bring proceedings in relation to these Terms in the Northern Ireland or England courts.

US Users

Each party expressly waives any right to a trial by jury, in any court, in connection with any action or dispute.
Any claims under these Terms must be brought individually, and no party shall participate in a class action or other proceeding together with or on behalf of any other.