GENERAL CONDITIONS OF USE
Please read these General Conditions of Use carefully before using the Raptus&Rose services.
The section below defines the rules to follow when using the website, irrespective of whether you use it to purchase products or simply to browse.
By using this website, you agree to these rules. If you do not, you will not be permitted to use the website and must cease navigation immediately.
These General Conditions of Use govern access to the website, the services provided and their use.
When you choose to use this website and its services, you automatically accept all the General Conditions of Use, guidelines and other applicable regulations (including, by way of example but not limited thereto, the privacy policy for the protection of personal data) and acknowledge you are bound by these rules.
When registering to the website and subscribing to its services, the User (hereinafter referred to as ”you”) is requested to accept the General Conditions of Use. Use of the website and its services are permitted only if, during registration to the site or subscribing to its services, you expressly agree to abide by the applicable law and the provisions of these Conditions. If, on the other hand, you do not intend to accept the General Conditions of Use and abide by the applicable law, you are kindly asked not to register and not to use the services provided. Raptus&Rose may modify any part of these General Conditions of Use from time to time. When this happens, Raptus&Rose will publish the latest version of the General Conditions of Use on the website, indicating when they were last updated in ”LAST MODIFIED”. We advise you to view the General Conditions of Use regularly to check for any changes. Continued use of the site and its services after changes have been made constitutes your acceptance of the most recent General Conditions of Use.
1. Company information
1.1 The site and its contents are created, operated and managed by the single-member company DIVINE ROSE S.R.L. Unipersonale, which operates under Italian law, with registered office in via Alzaia no. 1, VAT No. and Tax Code 01175420254, Belluno Companies Register no. REABL100565, with fully paid-up share capital of Euro 20,000.
2. Minimum age
Our services are not intended for anyone under the age of eighteen (18) (or the age of majority according to the law of the country in which you live). More precisely, only visitors who have reached the age of 18 on the date of purchase and are holders of a PayPal account and/or a valid credit card may purchase Raptus&Rose products (please see the page PAYMENTS for details of the accepted methods of payment).When you place an order on the website, you are responsible for the truth and accuracy of all the information you provide, you declare you are at least 18 years old and that you are the authorised user of the PayPal account or the credit card used to make the purchase and that you have sufficient funds in your account to cover the cost of the order. If not, Raptus&Rose will immediately cancel your registration or subscription and will suspend access to its services. Our services are not intended for anyone under the age of eighteen (18) (or the age of majority according to the law of the country in which you live).
3. Registration and subscription of services
3.1 You may register or subscribe to the Raptus&Rose services when they are available on the site. 3.2 When registering or subscribing to the services, you are required to provide true and accurate information and you agree to promptly inform Raptus&Rose of any changes to the information given at the time of registering or subscribing to ensure you can receive the messages sent by Raptus&Rose and to prevent these messages being mistakenly sent to third parties. 3.3 If you are already registered to one of the services provided on the website and you have the suspicion that your account has been accessed by someone else, or that your password has been violated, you must notify Raptus&Rose immediately. You are solely responsible for the use of your account, provided use is attributable to you or is due to your failure to adopt appropriate security measures to protect your password. We therefore recommend you change your password regularly. 3.4 In the event of a breach on your part of the provisions of these General Conditions of Use, Raptus&Rose is entitled to cancel your registration or subscription, block your account and/or deny, restrict, suspend or revoke access to the website and its services.
4. Duration and Termination
4.1 Your registration or subscription to the site and its services shall be effective as soon as the procedure has been completed. 4.2 These General Conditions of Use, and any later versions which may be published on the website, shall apply for the entire duration of your use of the site and its services. 4.3 You may freely and at any time withdraw from registration to the site or subscription to a service without having to justify your reason for doing so; to exercise this right, send an email to customercare@raptusandrose.com. Raptus&Rose undertakes to confirm withdrawal from registration or subscription. 4.4 In the event of a serious breach on your part of the provisions of these General Conditions of Use, Raptus&Rose is entitled to terminate or suspend at any time your registration or subscription to a service, effective immediately. In this case, Raptus&Rose will notify you of the termination or suspension by email. Your registration or subscription will be duly disabled.
5. Electronic services
5.1 In order to provide some services, it may be necessary to use electronic communication channels (such as email, SMS or telephone). You hereby accept you may be contacted by Raptus&Rose with notifications regarding services by SMS, email or other electronic technology. Furthermore, you acknowledge that, in certain countries, service providers of mobile communication services may levy costs on the User; these costs shall be paid exclusively by the User.
6. Protection of industrial and intellectual property rights
6.1 You acknowledge that all parts of the website are the exclusive property of Raptus&Rose. These parts, by way of example but not limited thereto, include the software, implementation and use of the site, the layout, structure and organisation of the contents of the website, as well as any material reproduced therein and/or made available to the public including, in particular, the collection and organisation of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, distinctive marks, logos, trademarks, symbols or any other material reproduced and/or made available through the site. 6.2 The trademarks, domain names, designs and models, patents and copyrights, and any other distinctive marks are protected and are the exclusive property of Raptus&Rose. All rights therein are reserved both in Italy and abroad. 6.3 You undertake to use the site for private use and personal and non-commercial purposes; all the information, images and sections of the website are there for purely informative and/or promotional purposes. 6.4 You may not perform, in any form whatsoever and/or with any means and for any purpose, even only in part, any of the following actions: reproduce (except for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, remove, delete, add, modify, create or use content arising from or in any way inspired by the Raptus&Rose website. Downloading or copying, if authorised to do so in writing by Raptus&Rose, does not entitle you to the acquisition of any right, title or interest in any material on the site. 6.5 Raptus&Rose undertakes to maintain, enforce and protect its intellectual property rights throughout the world, and to resolutely oppose any infringement of them, to ensure its assets are fully protected and respected. Any use which is not expressly permitted in these General Conditions of Use is to be considered prohibited. Failure on the part of Raptus&Rose to seek any in- or out-of-court settlement does not constitute in any way tacit consent or tolerance of any violations of these General Conditions of Use of the site and/or of the intellectual property rights which Raptus&Rose owns or has the use of.
7. Links to other sites
7.1 If, for corporate reasons, the website contains links to other sites, Raptus&Rose has no control over these websites and is not liable and cannot be called to answer for the accessibility of third-party sites or their content. 7.2 Unless you have received prior written consent from Raptus&Rose, you are not permitted to frame this website on any other site (frame, framing, still, part) or create links to any part or page of the site.
8. Authenticity of “Raptus&Rose” branded products
8.1 “Raptus&Rose” branded products promoted on the site are made with the finest materials and are all original.
9. Exclusion of warranty
9.1 Within the limits allowed by law, this website, its contents and services are provided free of charge on an “as is” basis and subject to availability. Raptus&Rose provides no warranty in connection with the site, its contents or services, including, by way of example but not limited thereto, guarantees of continuous access to the site and absence of interruptions or malfunctions, protection against malicious programmes (such as viruses, bugs, malware or similar), adequacy for certain purposes and expressly excludes any such warranties. 9.2 Website services are provided free of charge by Raptus&Rose, which does everything in its power to ensure the information given is accurate and regularly updated. However, Raptus&Rose cannot guarantee the accuracy of such information or that such information is free from errors or omissions and expressly excludes any guarantee or responsibility in respect of the same. Raptus&Rose reserves the right to update and/or change the contents of the website at any time, without giving prior warning and without incurring any liability.
10. Limitation of liability
10.1 Some countries do not allow all or part of the limitations or exclusions of liability indicated below. Therefore, if required by applicable law, the contents of this clause may not apply to you and the legislation currently in force in your country. 10.2 You are responsible for evaluating the information and content you access on the site. You use the website at your own risk and you are solely responsible for any interruptions in its use, any loss of data and any expenses incurred regarding assistance and maintenance of the hardware and/or the software used in connection with the site. 10.3 Within the limits allowed by law, you forthwith agree not to hold Raptus&Rose, the service providers, representatives, directors or administrators of Raptus&Rose, liable for any reason whatsoever for any possible damages, including, by way of example but not limited thereto, any direct or indirect damages of any kind, losses or expenses arising or resulting from using this site, the services or contents or related to it, or any linked sites or use thereof, including the inability to use it by any party or damages connected with any malfunction, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the individual is aware of the possibility of said damages, losses or expenses. 10.4 It is understood that none of these General Conditions of Use shall exclude or limit (i) the liability of Raptus&Rose in the event of death or personal injury; (ii) the liability of Raptus&Rose in the event of fraud, fraudulent misrepresentation or gross negligence and/or (iii) any other liability that cannot be excluded or limited by applicable law.
11. Indemnity
11.1 Within the limits allowed by law, you agree to hold harmless and indemnify Raptus&Rose, its subsidiaries or associated companies, as well as its directors, representatives, members and employees, from any loss, liability, claim or legal action (including reasonable legal fees) made by any third party and due to your use of the website and its services, or arising from them, in breach of the General Conditions of Use, to violation of the aforesaid Conditions and to violation of the declarations and guarantees you provided in accordance with these General Conditions of Use.
12. Applicable law – Place of jurisdiction
12.1 These General Conditions of Use, as well as any non-contractual obligations arising from or connected with them, are governed by Italian law and shall be construed accordingly (excluding regulations concerning international private law); without prejudice to the application of the peremptory norms of your place of residence. Any disputes arising from or related to these General Conditions of Use or any non-contractual obligations arising from or connected with them, shall be settled by the Italian law courts or the law courts of your place of residence should a peremptory norm of the applicable law demand it.
13. Protection of personal data
13.1 Before uploading or providing personal data on the website, please read the Raptus&Rose Privacy Policy carefully concerning the protection of personal data available in the section PRIVACY POLICY.