TERMS AND CONDITIONS OF USE
Welcome to the www.diamaridesign.com website (the “Website”).
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.
This Website is operated by DIAMARÍ (hereinafter “DIAMARÍ” and collectively with its subsidiaries “The Gale Family Ventures LLC”, an US corporation having its principal place of business at Midlothian, VA 23112
The products offered on the Website are sold directly by Diamarí.
DIAMARÍ reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.
1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “Diamarí” trademark, are owned and registered by Diamarí.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “Diamarí” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of Diamarí Such trademarks and signs may not be used in connection with any product or service that does not originate with Diamarí, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “Diamarí” name and trademark and products bearing the “Diamarí” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to DIAMARÍ and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
2. Disclaimer
This Website and its Content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. DIAMARÍ expressly disclaims any representations and warranties.
In no event shall DIAMARÍ or any other The Gale Family Ventures LLC company be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if DIAMARÍ has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Website or
(h) any other matter relating to the Website.
Therefore, by using this Website, you undertake to bear all risks connected with such use, holding DIAMARÍ or any other The Gale Family Ventures LLC company harmless from any damage deriving or caused by the use of this Website or connected with it.
DIAMARÍ will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by DIAMARÍ or any other company authorized by DIAMARÍ for this purpose does not amount to a promise that such product or service will be available at any time. Changes too or improvements in such products or services may be made at any time without notice.
Material in this Website may contain inaccuracies or typographical errors. DIAMARÍ is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.
However, DIAMARÍ reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that DIAMARÍ shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
3. Submissions
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to DIAMARI through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All submissions become DIAMARÍ property upon submission to DIAMARÍ. By making a Submission to DIAMARÍ, you assign to DIAMARÍ all rights, title and interests, including copyrights, in the Submission. DIAMARÍ has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that DIAMARÍ has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
4. Cookies
Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
In order to know which cookies are used in the Website, how to disable them and/or withhold consent, or for any further information, see the cookie policy.
5. Privacy
DIAMARÍ understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested to knowingly and willingly provide some Personal Data, so that you may participate in the Website’s services, activities or features. For the purpose of using these Website sections or function, you undertake to read the relevant privacy policy expressing, when requested, your consent to the processing of your personal data and you agree to provide true, accurate, current and complete information.
Personal Data is processed by the Data Controller – mainly using electronic tools – as identified in the relevant privacy policy. Whenever necessary and/or instrumental to the purposes for which Personal Data have been collected, your personal data may be processed by other entities appointed by the Data Controller for this purpose and belonging to the following categories:
(a) Other The Gale Family Ventures LLC companies;
(b) Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc...).
Your personal data shall not under any circumstances be disseminated to unknown persons.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: orders@diamardesign.com
6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. DIAMARÍ has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, DIAMARÍ cannot control these websites and external sources. Hence, DIAMARÍ cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, DIAMARÍ cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
7. Security
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of DIAMARÍ may be able to access or intercept transmissions or private communications without DIAMARÍ's permission or knowledge. DIAMARÍ makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and DIAMARÍ cannot be held liable for any breach of security which is not directly attributable to negligence on the part of DIAMARÍ.
8. Acceptance of terms and conditions of use
By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold DIAMARÍ harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. Applicable Law and Jurisdiction
You agree that by accessing this Website you accept Italian jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with United States law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Midlothian, VA.
It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, in the event of any discrepancy between the original english language text and any translation into another language, the english original text shall be deemed the binding version.