CORPORATE LIABILITY

Definitions

For the purposes of these Terms and Conditions:

  • “Acqua dell'Elba” means Acqua dell'Elba S.r.l. Società Benefit, VAT No. 01342420492.
  • “Website” means the website http://www.acquadellelba.com managed and owned by Acqua dell'Elba S.r.l.
  • “User” or“You” means any visitor to and/or user of the Website.

The various sections of the Website are managed either by Acqua dell'Elba or by third parties specifically identified from time to time.

This agreement contains the terms and conditions governing the use of the Website and the services and products made available through it. These terms and conditions define the User's responsibilities and, among other matters, the limitations of Acqua dell'Elba's liability.

Before using the Website, please read this agreement carefully and in its entirety.

By accessing any part or section of the website, the user agrees to be bound by these terms and conditions and undertakes to comply with them. If you do not agree with any of the terms set out in this agreement, you must not use the website.


Proprietary Rights Notice

The User acknowledges that all information, data, software, photographs, graphics, videos, artwork, music, sounds, images, illustrations, designs, icons and any other material available on this Website are the exclusive property of Acqua dell'Elba and/or third parties.

Duplication, reproduction, even partial reproduction, downloading, storage, publication or distribution by any means, and more generally any act of use, disposition or exploitation of information or materials originating from this Website, in any form and through any existing or future technology or medium, is prohibited unless expressly stated otherwise.


Trademarks

“Acqua dell'Elba” is a registered figurative and word trademark owned by Acqua dell'Elba S.r.l.

Any use or reproduction of such trademark and logo, in any form or manner, is prohibited.


Permitted Use

The User may use the Website solely for lawful purposes and must not use the Website for any speculative or fraudulent activity.

It is expressly prohibited to use any part or section of the Website, or any information or materials contained therein, for commercial, promotional or advertising purposes of any kind, unless expressly authorised in writing by Acqua dell'Elba.

Users engaging in fraudulent or unlawful conduct shall be prosecuted in accordance with applicable law.


Warranties

Except for any warranties expressly provided by the relevant manufacturer or supplier, all products and services available on the Website are provided on an"as is" and"as available" basis, without warranties of any kind, whether express or implied.

No warranty is provided that:

  1. a User will obtain goods or services available through this Website at the lowest market price;
  2. use of the Website will be error-free;
  3. any particular results may be achieved through use of the Website; or
  4. any information, services, advice, merchandise or content provided through the Website will be accurate, reliable or of a specific quality.

The User expressly acknowledges that use of the Website is entirely at the User's own risk.

Nothing in these Terms and Conditions limits the rights granted to consumers under mandatory applicable laws, including statutory warranties relating to purchased products.


Product Features

The Website may be accessed by users from all over the world and may contain references to products or services that are not available in the User's country of residence.

The presence of such references does not imply that Acqua dell'Elba intends to make such products or services available in the User's country. Acqua dell'Elba reserves the right, without notice, to discontinue, modify or alter products or services at any time and without obligation.

Product and service features, as well as their availability, may vary from country to country according to local laws.

All products and related technical data, illustrations and information appearing on this Website are provided on an"as is" and"as available" basis, without warranties of any kind, express or implied.

Such information, which is updated periodically, is provided for information purposes only and is not binding upon Acqua dell'Elba.

Acqua dell'Elba shall not be liable for any textual and/or translation errors.


General Limitation of Liability

The information, software and services included in or available through the Website may contain inaccuracies or errors.

The information contained on the Website is subject to periodic changes. Acqua dell'Elba and/or its suppliers may make improvements and/or modifications to the Website and/or the services offered at any time.

Acqua dell'Elba and/or its suppliers make no representation or warranty regarding:

  • suitability;
  • reliability;
  • availability;
  • absence of viruses or harmful components;
  • accuracy of information;
  • software;
  • services; or
  • related graphics contained on the Website or associated services.

Under no circumstances shall Acqua dell'Elba and/or its suppliers be liable for any direct, indirect, incidental, special, consequential, moral or other damages of any kind, including, by way of example, damages for loss of use, data or profits arising out of or in any way connected with:

  • use of the Website;
  • performance of the Website;
  • inability to use the Website;
  • delays affecting the Website;
  • provision or failure to provide services;
  • information, software, services or graphics obtained through the Website.

Acqua dell'Elba shall in no event be held liable for any damage, injury, loss or failure arising from services or sections of the website which it does not directly manage.

Under no circumstances shall Acqua dell'Elba, its directors, employees or collaborators be liable for any injury, loss, claim or damage, whether direct or indirect, arising from or connected with any use of the Website that does not comply with these Terms and Conditions, even if informed of the possibility of such damages.

Should Acqua dell'Elba nevertheless be held liable for any damage or loss relating to use of the Website, the User acknowledges and agrees that Acqua dell'Elba's liability shall in no event exceed the amount (if any) paid by the User for the use of the Website.


Third Parties

If You use the Website on behalf of a third party ("Third Party"), You are responsible for any inaccuracies in the information provided in connection with such use.

You must inform the Third Party of all terms, conditions, rules, restrictions and product/service characteristics applicable to activities carried out through the Website.

Any User acting on behalf of a Third Party agrees to indemnify and hold harmless Acqua dell'Elba from any losses, damages, actions, claims and defence costs arising from the Third Party relationship or from any breach by the User of the obligations set out herein.


Links to Other Websites and Services

The Website may contain references to products and services supplied by third parties or links to third-party websites.

Acqua dell'Elba does not guarantee, endorse or assume responsibility for:

  • content provided by such third parties;
  • completeness or accuracy of such information;
  • content of third-party websites.

Acqua dell'Elba further assumes no responsibility regarding the availability, operation or performance of any website linked to or accessible from this Website.


Privacy Protection

Personal data is processed in compliance with Regulation (EU) 2016/679 (GDPR).

The Privacy Policy and Cookie Policy are available in the relevant sections of the Website, where Users may also manage their cookie preferences.


Sections and Content Provided by Third Parties

The Website may host sections, articles, contributions and materials created or supplied by third parties.

Acqua dell'Elba assumes no responsibility concerning the legality, truthfulness, completeness or any other characteristic of such materials or sections.

Responsibility for the content of such materials, including ownership rights and the lawful use of texts, images, photographs, music, videos and other materials, rests solely with the identified third-party author or publisher.

Any action relating to such content may only be brought directly against the relevant author or publisher.


Notices and Complaints

Upon receipt of a duly substantiated written request sent by fax, certified email (PEC) or registered mail, Acqua dell'Elba undertakes to promptly remove material from the Website where it is shown that:

  • ownership belongs to someone other than the identified author or publisher; or
  • the material infringes legally protected rights or interests.

For any notice, complaint or request for information, please contact:

Acqua dell'Elba S.r.l. Società Benefit
Via Aldo Moro 69
57033 Marciana Marina (LI)
Italy

Email: info@acquadellelba.it


Service Termination

Acqua dell'Elba may suspend or discontinue access to the Website, or parts thereof, for technical, security or maintenance reasons, providing prior notice where possible.


Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Acqua dell'Elba regarding use of the Website and replace all prior agreements, understandings or representations.

Users acknowledge that certain services or portions of the Website may be subject to additional legal and/or contractual requirements as indicated from time to time on the Website.

Acqua dell'Elba reserves the right, at its sole discretion, to modify these terms and conditions at any time by publishing the updated version on the website. The new terms and conditions shall become valid and effective from the date of publication on the website.

The User's use of the Website shall always be governed by the Terms and Conditions published on the Website at the time of use.


Severability

The headings used herein are for convenience only and shall not affect the interpretation of these Terms and Conditions.

If any provision or part of a provision is found invalid or unenforceable under applicable law, all remaining provisions shall remain valid and enforceable.


Language

These Terms and Conditions are drawn up in both Italian and English.

In the event of any inconsistency between the two language versions or any uncertainty regarding their interpretation, the Italian version shall prevail.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with italian law.

Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of Livorno, Italy, except for consumer disputes, for which jurisdiction shall lie with the court of the consumer's place of residence or domicile, as provided by applicable law.