LEGAL AREA
BEFORE USING THE WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE THAT GOVERN ITS USAGE ("TERMS OF USE")
TERMS AND CONDITIONS OF USE
Welcome to our www.store.ferrari.com Website (the "Website"). These Terms of Use govern your access to and use of the www.store.ferrari.com Website. The access to and the use of this Website, as well as the purchase of products on the www.store.ferrari.com Website shall be based on the assumption that you have read, understood and accepted these Terms of Use. The Level S.r.l. Company (“Manager”), with registered office in at Piazza Arcole 4, 20143, Milan, Italy, VAT no. 12627050961, MI REA [Economic-Administrative Index] no. 1945372, is responsible for the management and maintenance of this Website.
If you need assistance, please visit our Customer Service section, where you can find information about orders, shipping, refunds and returns of products purchased on the www.store.ferrari.com Website, a registration form, tips and other general information about the services provided by the www.store.ferrari.com Website. You can contact us by clicking here.
For any other legal information, please visit the Terms of Sale, Return Policy and Privacy Policy pages on the www.store.ferrari.com Website. The Manager may amend or simply update all or part of these Terms of Use as it sees fit. Any amendments or updates to the Terms of Use shall be posted for our users on the www.store.ferrari.com Website as soon as they have been made and shall be binding as soon as they have been published in this section. Therefore, we suggest that you access this Website section regularly to check for the publication of more recent and updated versions of these Terms of Use. If you do not agree, in whole or in part, with the Terms of Use on the www.store.ferrari.com Website, please do not use our Website.
The access to and the use of www.store.ferrari.com Website, including viewing web pages, communicating with the Manager, downloading product information and making purchases from the Website by our users, is intended solely for personal use and shall in no way be connected with any commercial, entrepreneurial or professional business. Please note that you shall be solely responsible for your use of the www.store.ferrari.com Website and its contents. The Manager shall bear no liability in the event that users use the Website and its contents in a manner not compliant with the laws and regulations in force, without prejudice to the Manager’s liability for wilful misconduct and gross negligence. Specifically, the user shall be solely liable in case of communication of incorrect, false or third-party information or data (in cases in which such third parties have not given their consent), as well as for any improper use of such data or information.
Finally, since all materials will be downloaded or otherwise obtained using the service, at the user’s choice and risk, any damage to computer systems or loss of data caused by the person downloading shall be borne solely by the user and cannot be attributed to the Manager. Therefore, the Manager disclaims all liability for any damages resulting from the lack of accessibility of the services on the site either caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, network, provider, telephone or connection problems, unauthorised access, alteration of data, or malfunctions of electronic equipment owned by the user.
The user shall be responsible for the proper storage and use of his or her personal data, including the credentials that allow access to the services, as well as for any damages caused by the Manager or third parties as a result of improper use or loss or removal of such information.
1. PRIVACY POLICY
We suggest that you read the Privacy Policy that shall also apply when users access the www.store.ferrari.com Website and use its services without making purchases. The Privacy Policy will help you understand how and for what purposes the www.store.ferrari.com Website collects and uses your personal information.
2. INTELLECTUAL PROPERTY RIGHTS
All content found on the www.store.ferrari.com Website, such as works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other materials published in any format on the Website, including menus, web pages, graphics, colours, screens, fonts, web design, diagrams, layouts, methods, processes, functions and software that are part of the www.store.ferrari.com Website (collectively, the “Contents”), are protected by copyright and all other intellectual property rights of Ferrari S.p.A. - a single-member company with registered offices at Via Emilia Est 1163, Box 589, 41122 Modena, Italy, VAT and Tax Code 00159560366 – and/or the Manager and any other rights holders. The reproduction, in whole or in part, of the www.store.ferrari.com Website and/or its contents in any form whatsoever, without the express written consent of the Ferrari S.p.A. Company and the Manager is prohibited.
The Ferrari S.p.A. Company and/or Manager have the exclusive right to authorise or prohibit any direct or indirect, temporary or permanent reproduction of the www.store.ferrari.com Website and its contents in any manner or form whatsoever.
As concerns the use of the www.store.ferrari.com Website, users shall only be authorised to view the Website and its contents. Users shall also be authorised to carry out all temporary reproductions, considered transient or incidental, without any personal financial gain, which are an integral and essential part of viewing the www.store.ferrari.com Website and its Contents. Users are not authorised to reproduce the www.store.ferrari.com Website either entirely or in part or any of its contents in any form whatsoever. Any reproductions must be authorised from time to time by the Manager and/or the Ferrari S.p.A. Company, or by the authors of the individual works contained on the Website, if necessary. In any case, such reproductions must be made for legal purposes and must be in compliance with copyrights and any other intellectual property rights of the Manager and the authors of the individual works on the Website. The authors of the individual works published on the www.store.ferrari.com Website shall have, at any time, the right to claim ownership of their works and to object to any distortion, alteration or other modification of those works, including any damages caused to the works, or to the author’s honour or reputation. Users undertake to comply with the copyright of the artists who have chosen to publish their works on the www.store.ferrari.com Website or have collaborated with the www.store.ferrari.com Website to create new expressive and artistic forms intended for publication, even if not exclusively on the Website, or which form an integral part of it. Furthermore, under no circumstances shall users be authorised to use, in any way, shape or form, the Website Contents or individual works therein which are protected by copyright and any other intellectual property rights. For example, users may not, in any way whatsoever, alter or modify the Contents and protected works without the consent of the Ferrari S.p.A. Company, the Manager and, if necessary, the individual authors of the works published on the www.store.ferrari.com Website. All rights to those works are reserved internationally.
The user hereby accepts that any project, concept idea, photograph, contribution or any other content and material whatsoever (with the sole exception of personal data) which is communicated or transmitted to the Manager through the Website or by any other means (“User Materials”) shall not be considered as confidential material. Therefore, users hereby grant the Manager and/or the Ferrari S.p.A. Company, exclusively and without territorial limitation, the right to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said User Materials, for the entire duration of the protection period recognised by the regulations, for advertising, promotional or product development purposes.
The Manager and/or Ferrari are not now, and shall not be obliged in future, to:
i. keep any User Materials confidential;
ii. pay any compensation for the use of or otherwise in connection with the User Materials;
iii. acknowledge transmission of the User Materials and/or confirm receipt thereof.
Users declare and guarantee that the User Materials do not violate third-party rights deriving from law and/or contractual relationships, such as – but not limited to – copyrights, trademarks, patents, trade secrets, confidentiality rights or any other proprietary or personal rights.
By transmitting the User Materials, users acknowledge the right (but in any case not the obligation) of the Ferrari S.p.A. Company and/or the Manager to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said User Materials, for any purpose, including, but not limited to, for instance, advertising, promotion or product development or any other commercial purposes, without this implying in any case any right for the user, or for any third party, to receive any compensation. Users are, and shall remain, solely responsible for any and all User Materials content.
The Ferrari S.p.A. Company and/or the Manager hereby reserve the right to refuse or delete, even without justification, any User Materials, including in the event that they have deemed that such User Materials violate the Conditions of Use or might be offensive, illegal or likely to violate the rights of third parties, cause damage to and/or threaten the safety of third parties.
3. LINKS TO OTHER WEBSITES
The www.store.ferrari.com Website may contain hypertext links (“links”) to other websites that are in no way connected to the www.store.ferrari.com Website. The Manager does not control or monitor such third-party websites or their contents, and shall bear no liability for their contents and/or the rules adopted by those websites regarding (especially, but not exclusively) the privacy and processing of personal data of users visiting those websites. We therefore ask our users to pay careful attention when accessing these websites through the links provided on the www.store.ferrari.com Website and to read their Terms of Use and privacy policies carefully. Indeed, the www.store.ferrari.com Website Terms of Use and Privacy Policy do not apply to third-party websites which are not operated by the Manager. The www.store.ferrari.com Website provides links to other websites exclusively to help its users in searching and browsing the Internet and to allow links to connect to other websites on the Internet. The offer of these links to other websites should not be construed as a suggestion to users, by the Manager, to access these websites, nor as a guarantee of the content, services and products provided and sold to users on the websites connected to those links.
Except with the prior written consent of the Manager, users are not authorised to frame the Website in any other websites or to create links to any part or page of the Website and/or to the materials or any part thereof.
4. CONTENT STATEMENTS
The Manager has taken every conceivable measure to avoid publishing contents on the Website that might describe or represent scenes or situations of physical or psychological violence, which, in light of the www.store.ferrari.com Website users’ sensitivity, could be construed as offensive to the standards of civil behaviour or as harmful to human rights or to the dignity of persons in all its forms and expressions. The Website’s contents are appropriate and lawful in compliance with the laws of Italy and, more generally, those of the European Union. In the event that such contents are deemed unlawful or illegal in other countries, please do not access the Website. We would like to inform our users that should they nevertheless choose to access the Website, the use of the services provided by the www.store.ferrari.com Website shall be implemented under their sole and personal responsibility.
The Manager has also taken all necessary precautions to ensure users that the Contents of the www.store.ferrari.com Website are accurate and contain no incorrect or obsolete information as of the Website publication date and, as far as possible, thereafter. Nevertheless, the Manager assumes no liability toward users for the accuracy or completeness of the contents published on the www.store.ferrari.com Website, without prejudice to any responsibility for negligence or wilful misconduct or other legal liabilities. Furthermore, the Manager cannot guarantee that the website will be continuously operational, without interruptions or errors due to its connection to the Internet. Should you have any issues with using our Website, please contact Customer Service by clicking here. A representative from the Manager will be available to assist you as much as is feasible in restoring your access to the Website. Correspondingly, we suggest that users contact their Internet service provider or check that any device used for connecting with the Internet and accessing web content has been properly activated, including their Internet browser program. Although the Manager shall make every effort to ensure continuous access to its Website, the dynamic nature of the Internet and its contents may not allow the www.store.ferrari.com Website to operate without any suspensions, interruptions or discontinuity due to the Website being updated. The Manager declares that it has adopted suitable technical and organisational security measures to protect the www.store.ferrari.com Website services, and the integrity of the data and electronic communications therein in order to prevent the unauthorised use of or access to that data and to prevent the risk of dissemination, destruction and loss of confidential and non-confidential data and any information concerning the www.store.ferrari.com Website users, as well as to prevent unauthorised or illegal access to such data and information.
5. OUR CORPORATE POLICY
The Manager has its own corporate policy and our mission is to sell products through our services and our website exclusively to “consumers”, that is, to any natural person acting through the www.store.ferrari.com Website for purposes outside their trade, business or profession (if applicable). If you are not a consumer, we request that you do not use our services to purchase products on the www.store.ferrari.com Website. If the user continues to use the Website, the Manager may refuse to accept purchase orders from persons other than consumers or any other purchase orders that do not comply with the Terms of Sale and these Terms of Use.
6. APPLICABLE LAW
These Terms of Use are governed by Italian law.
7. AGE REQUIREMENTS
The Services are not intended for use by persons under eighteen (18) years old (or otherwise minors under the laws of their country of residence). Users who have not reached the required age are requested to neither proceed with registration through the form nor to subscribe to any service. Should the Manager become aware that a user is under eighteen (18) years old or is a minor in the user’s country (that is, if the user has knowingly stated falsely their age during the registration process), the same user may not register for or subscribe to the Services available from time to time on the Website (the “Services”).
Users are required to provide accurate and truthful information when registering for or subscribing to the Services. To ensure that users can receive messages sent by the Manager and that such messages are not erroneously transmitted to third parties, in the event of any changes to their information provided at the time of registration or subscription, users undertake to promptly inform the Manager thereof.
If a user is registered to a Service that requires prior authentication (for example, an Account or a Wish list), that user undertakes to inform the Manager immediately if the user suspects that there has been any unauthorised access to his or her account or that the password has been compromised. Liability arising from the use of a user account remains solely with that user, provided that such use can be attributed to that user or that it arises from the user’s failure to take adequate measures for the protection of their password.
Without prejudice to any other remedies provided by applicable law and the Terms of Use, in the event of a breach by a user of any provision of the Terms of Use, the Manager shall be entitled to cancel that user’s registration or subscription, block their account and/or deny, restrict, suspend or revoke the user’s access to the Website and the Services.
8. DURATION AND TERMINATION
The users’ Website registration or subscription to one or more Services, shall be effective at the same time that the relevant procedure has been completed.
These Terms of Use, and any subsequent versions of these Terms of Use that may be published on the Website, will be effective for as long as the users use the Website.
The users always have the right to withdraw freely and at any time from their Website registration or Service subscription, without having to provide any reasons. To exercise this right, the user must send an email to this address *. The Manager will confirm the user’s withdrawal from registration or subscription.
At its own discretion, the Manager is entitled to terminate or suspend a user’s registration or subscription to a Service at any time, with immediate effect and, in the event of serious breach by the user of the provisions of the Terms of Use, without prejudice to any other legal right. The Manager shall inform the user of the termination or suspension, as the case may be, by means of a notice sent by e-mail or by post. The user’s registration or subscription shall then be disabled.
9. ELECTRONIC SERVICES
Provision of a part of the Services may require the use of electronic communications channels (such as email, SMS or telephone).
Users agree that they may be contacted by the Manager by SMS, email or other electronic technology for communications relating to the Services. Furthermore, the users hereby acknowledge that in some countries the use of mobile communication services may result in charges being levied by the communications service provider and that such charges shall be borne solely by the user.
10. GUARANTEE
To the utmost extent permitted by law, the Website, its contents and services shall be provided free of charge on an “as is” basis, and to whatever extent they are available. The Manager makes no guarantees in connection with the Website, its contents or services, such as – but not limited to – any guarantees of continuity or absence of interruptions or operating errors, of protection against harmful programs (such as viruses, bugs, malware or the like), of suitability for certain purposes, and expressly excludes any such guarantees.
Since these services are offered free of charge, the Manager shall endeavour to ensure that the information made available on the Website is accurate and up-to-date. However, the Manager cannot in any case guarantee the accuracy of this information or that this information is free of errors or omissions and expressly excludes any guarantee or liability in this respect. Hence, the Manager reserves the right to update and/or change the Website contents at any time without prior notice and without incurring any liability whatsoever.