Legal disclaimers
Magnifica Essenza Srl SB is the owner of this site, corresponding to the URL address: www.cirmy.eu
We invite you to take note of the following legal notes governing access, navigation and use of this portal.
The User declares that he/she has read and accepts these notes and/or any other notes, legal notices, information or disclaimers published anywhere on the web portal, starting with the Privacy Policy and Cookie Policy section.
The official language of the site content is Italian, but it is also possible to visit the site in English, Spanish and German. We do not guarantee or assume any responsibility for the correctness of any translations and/or full correspondence of the contents published in any other languages contained on the site.
This site promotes and provides information about the products provided by Magnifica Essenza (innovative furnishing accessories in Cirmolo wood, lighting products, air sanitisation products, home and leisure accessories and more, as detailed in the online catalogue), and offers the possibility to view, without any obligation to purchase, the catalogue of articles offered by Magnifica Essenza, as well as request information or otherwise interact with Magnifica Essenza, via the site’s functionalities (chat, contact form etc.)
MANDATORY GENERAL INFORMATION
This site is published by Magnifica Essenza Srl SB, Via Pillocco 4, 38033 Cavalese TN, Email: info@magnificaessenza.it, Telefono: 0462 239610, PEC: magnificaessenza@pec.it, P.iva: 02559310228
Magnifica Essenza, as owner of the domain, is responsible for the publication and technical application features of the site, subject to the limits set out in these notes. The portal’s hosting resides at Vhosting.
USE OF SERVICES AND INFORMATION
The site is navigable, in principle and except in cases of force majeure, continuously, 24 hours a day, seven days a week. However, it cannot be ruled out that from time to time it may be partially or totally offline due to maintenance or other reasons, without this momentary or prolonged suspension constituting in any way a contractual breach attributable to Magnifica Essenza.
The information available on the Portal is provided free of charge.
The information contained in the site is purely informative and does not constitute a contractual proposal nor an offer to the public, pursuant to article 1336 of the Italian Civil Code, of the services described, nor can it be considered binding for any negotiation or commercial relationship.
Magnifica Essenza has taken care to clearly distinguish the mere enquiry phase from the purchase phase, which will only take place by accessing the appropriate e-commerce section, selecting products from the online catalogue, placing them in the virtual shopping cart and filling in all the purchase forms up and finally going to the check out, under the conditions that will be established from time to time.
Under no circumstances shall the mere filling in of the contact or information request be binding for the purchase of products
The site is subject to the regulations set forth in articles 12 and 13 of Legislative Decree no. 70/2003 and, despite having promotional content and a description of the products offered for sale, does not engage in misleading or comparative advertising and, in any case, does not provide messages that are not compliant with the regulations on commercial information pursuant to Legislative Decree no. 70/2003.
In the “Contacts” section, using the appropriate form, it is possible to send a message to the company, in response to which the user will be contacted by telephone or by email at the addresses indicated in the same contact form.
Each request will be dealt with as quickly as possible and compatibly with the complexity of the problem reported and/or Magnifica Essenza’s retrieval of information from its own company or third parties (warehouse, shipping company, etc.)
All rights to any electronic databases that may be present and accessible on the site are reserved. Unless otherwise provided for, extraction, reproduction and any other use is prohibited, within the limits of the provisions of articles 64-d and 64-e of Law no. 633 of 22 April 1941, as amended and supplemented. On this point, it is recalled that pursuant to article 102-b of the aforementioned law, the lawful user of the electronic database made available to the public may not cause prejudice to the owner of the copyright or other related right relating to works or performances contained in that database. Furthermore, the lawful user of a database made available to the public in any way may not perform operations that conflict with the normal operation of the database or cause unjustified prejudice to the maker of the database. Activities of extraction or re-utilisation of non-substantial parts, evaluated qualitatively and quantitatively, of the contents of the database for whatever purpose carried out by the lawful user are not subject to the authorisation of the creator of the database made available to the public for any reason.
WARRANTIES AND LIABILITIES
To the extent permitted by applicable law, users acknowledge that the use of the site is at their own risk. The website is provided “as is” and “as available”.
Magnifica Essenza does not offer any specific guarantee as to the results that are expected, hoped for or obtained through the use of the portal, nor as to the accuracy, timeliness or up-to-dateness of the information provided therein.
Within the limits set out in article 1229 of the Italian Civil Code, users declare and guarantee to indemnify and hold harmless Magnifica Essenza, its representatives, as well as any collaborators, associated parties and partners from any obligation to pay compensation, including legal costs, that may arise against them in connection with the use of the portal.
If the applicable law does not allow an exemption from liability, Magnifica Essenza’s liability shall in any case be limited to the extent permitted by law.
Magnifica Essenza disclaims all liability for any claims by users relating to the inability to use the site and/or request products for any reason whatsoever.
Magnifica Essenza shall not be held in default of its obligations or liable for any damages, claims or losses, whether direct or indirect, arising for the users due to the failure and/or defective functioning of the users’ own electronic equipment or that of third parties, including Internet Service Providers, of telephone and/or digital connections not operated directly by Magnifica Essenza or by persons for whom it is responsible, as well as the actions of other users or other persons with access to the network.
Magnifica Essenza reserves the right at all times to temporarily or permanently disconnect its services or content (or any part thereof), without this entailing any liability for the user or third parties due to the suspension or interruption of its services.
Furthermore, Magnifica Essenza assumes no liability for inaccuracies, graphical errors or explicit or implicit warranties on the information, content and software, merchantability and fitness for specific purposes of the data, goods and services communicated through its site, except for statutory warranties on the products sold, to the extent provided by the manufacturer of those items
CONTENT SHARING
METHODS OF CONTACT
At the moment the site does not present interactive channels (forums). In the event that, at a later date, Magnifica Essenza allows Users to participate in blogs, forums, comment or share content, or through dedicated social channels or other site the User may interact with the site, by posting comments, proposals or otherwise, please note that the User shall be fully responsible for the truthfulness of his/her personal details (where indicated) or the attribution to him/herself of the chosen nickname, as well as the content published, regardless of the format and/or medium (video, audio, photos, texts, etc.).
Although Magnifica Essenza has no responsibility in this regard nor any burden of verification, Magnifica Essenza reserves the right not to publish, at its sole discretion, material with content that is pornographic, paedophilic, obscene, immoral or contrary to morality, inciting racial or political hatred or, for any reason, not in accordance with the law, ethics or the confidentiality of persons and institutions, as well as unsuitable or not in accordance with the purposes of this site.
For general information, Magnifica Essenza provides its contact details.
Users are invited to use these addresses solely for lawful purposes related to the services provided by Magnifica Essenza or to obtain information from Magnifica Essenza, undertaking, in particular, to:
1) not to upload, publish, privately send or otherwise transmit or disseminate content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, invasive of others’ privacy, racist, classist or otherwise reprehensible
2) falsify one’s identity or otherwise lie about one’s profession, interest or relationship with other parties, whether they are partners, clients, collaborators or otherwise of Magnifica Essenza;
3) uploading, publishing, sending privately or otherwise transmitting or disseminating content that they do not have the right to transmit or disseminate under a provision of law, contract or because of a fiduciary relationship (for example, confidential information, confidential information learned through an employment relationship or protected by a confidentiality agreement);
4) uploading, publishing, privately posting or otherwise transmitting or disseminating content that infringes patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of third parties;
5) upload, post, privately send or otherwise transmit or disseminate advertising, promotional material, ‘junk mail’, ‘spam’, chain letters, pyramids, or any other form of unauthorised or unsolicited solicitation;
6) upload, post, privately post or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs designed to interrupt, destroy or limit the operation of Magnifica Essenza’s or third parties’ software, hardware or telecommunications equipment;
7) violate, intentionally or unintentionally, any applicable law or regulation, including privacy or unfair competition laws, etc.
Due to the general scope of the regulation, this website is in any case assimilated to a printed matter, and therefore the provisions contained in article 2 of Law no. 47 of 8 February 1948 on “Compulsory indications on printed matter” must be applied, i.e. place and year of publication, name and address of the printer and publisher. In particular, the location is the one where the server of the data processed by Magnifica Essenza resides (Cavalese), the generalities of the printer coincide with those of the hosting (Vhosting) and the name and domicile of the publisher is, in essence, that of Magnifica Essenza Srl SB, as owner of the website.
INTELLECTUAL PROPERTY RIGHTS
This website, considered in its entirety, as well as all material contained herein, is protected by copyright and other intellectual property rights laws. The user is aware that by the terms website and content, Magnifica Essenza intends to refer to any content and technical-digital element underlying the same, including, by way of example but not limited to, the software that enables its operation and its codes, electronic databases, texts, photographs, animations, audio and video files regardless of their format, reproductions of trademarks, logos, etc., the technical solutions adopted, graphic designs, structure and any other part already created or to be created, virtual animations, multimedia and/or hypertext elements, regardless of their format, the media containing them, the extension (by way of example but not limited to mp3, wav, jpg, mpeg, gif, doc, etc.), size, versions in use, techniques used for their distribution and/or transmission.
No content from the site may be copied, reproduced, published, downloaded, resent, transmitted or distributed in any way whatsoever, with the exception of a single copy, on a single computer, reserved for the exclusive and personal use of the person who made the copy. Reproduction of the legal contents (Privacy Policy, Legal Disclaimer, Notices, etc.) is strictly prohibited, as they have been provided to Magnifica Essenza under a consultancy agreement for legal services, which is not transferable to third parties. Any violation will be prosecuted by law.
The Magnifica Essenza trademark and the Cirmy logo reproduced on the site, as well as any additional logos and trademarks, graphic elements, images and materials on this site are subject to current copyright laws.
Names, trademarks and logos that may appear on this site, including the logos and brands of entities that have collaborated with Magnifica Essenza (e.g. partners that share our idea of environmental sustainability) or others may not be used for any form of advertising or otherwise to indicate sponsorship, patronage or affiliation with products or services without prior written permission from the company that owns the rights.
Anyone wishing to use elements owned by Magnifica Essenza may apply to the company owning the rights, in order to regulate the licensing of use.
The photographic material published was created directly by Magnifica Essenza or purchased, including through digital image platforms (e.g. Shutterstock), and reproduced in accordance with the law Magnifica Essenza has observed the broadest protection so that the copyright of others is not infringed. Nonetheless, Magnifica Essenza remains open to assessing any claims and/or assertions by others regarding the ownership of intellectual property rights in the published material.
LINKS FROM AND TO EXTERNAL SITES
This site contains external links providing direct access to other Internet sites. In particular, Magnifica Essenza has published links on its site leading to its LinkedIn/Instagram/Facebook/Youtube pages and redirects from the www.cirmy.it Magnifica Essenza site with the exception of the extension www.cirmy.it, of which it is the owner, although it does not exercise any kind of editorial control over the aforementioned external sites and consequently assumes no responsibility for the availability of such sites, their content, advertising and the products and/or services available on or from such sites, with the sole exception of the sites owned by Magnifica Essenza itself; it does not make any recommendations (explicit or implicit) regarding sites, goods, services or advertising linked to this site.
Magnifica Essenza also points out that LinkedIn and Instagram/Facebook/Youtube are subject to foreign legislation.
The United States of America and many countries outside Europe generally provide similar guarantees with respect to national data protection and appropriate data processing legislation, pursuant to Reg. EU 2016/679, where they have signed standard contractual clauses or, in any case, process the data in accordance with the compliance criteria pursuant to art. 44 et seq. of the GDPR.
Accessing, browsing, updating content, posts or other elements in the same sites implies acceptance of the transfer of the data to those countries and the processing of the same data in accordance with the different policies and guarantees.
Magnifica Essenza shall in no way be liable for any direct or indirect damages that may be caused by the Internet user’s access to the site reproduced on social networks and/or third parties and by the user’s use of the contents and services of said site, except as expressly provided for by the Owner.
Magnifica Essenza warns that once you leave its site, you are no longer bound by the obligations expressed in this privacy policy, but by that of the external site you are visiting.
It is permitted to place a hyperlink to Magnifica Essenza’s homepage on one’s own website, provided that it has been authorised by Magnifica Essenza and that it does not contain themes, names, materials or information that are contrary to morality, violent, pornographic or paedophile, denigrating, offensive, obscene, inappropriate or illegal, that do not respect the dignity of the individual or are intended to show or sell prohibited or illicit objects, substances and/or works, or contain content that infringes copyrights or property rights.
Inserting hyperlinks leading to pages other than the site’s homepage is prohibited, unless authorised.
It is also not permitted to include any web page of this site within a frameset.
The existence of a hypertext link from a third party site to this site does not in any case imply a collaboration between Magnifica Essenza and that site, unless expressly stated.
ADOPTION OF SECURITY MEASURES
Magnifica Essenza subjects its site to constant verification of its security status against the risk of intrusion, damage or other violations of an IT nature, complying with international system security standards and recommendations on the adoption of appropriate security measures pursuant to Legislative Decree no. 196/2003, as amended by Legislative Decree 101/2018 and Reg. EU 2016/679.
Nevertheless, Magnifica Essenza cannot provide any guarantee as to the compatibility of the content of this site with the user’s technical equipment and/or computer system, nor as to the absence of errors or viruses, worms, bugs and “Trojan horses” on this site or the server that hosts it, and shall not be liable for any damages suffered as a result of such harmful factors.
IP ADDRESSES/STATISTICS
Magnifica Essenza warns that all IP addresses are recorded on the web server each time information is requested from the site. These addresses may be used by Magnifica Essenza for statistical purposes to determine the speed of access to pages. This information will help Magnifica Essenza develop the site and its services based on the specific requirements identified or can be used for retargeting, according to the remarketing functionalities offered by Google.
All information will be treated confidentially, in full compliance with privacy regulations. For more information on Magnifica Essenza’s compliance with Reg. EU 2016/679, the user is invited to visit the webpage “Privacy Policy” and “Cookie Policy” to the contents of which we refer.
SITE OPTIMISATION
The site is optimised for navigation with all major browsers (Firefox, Chrome, Opera etc.) on both mobile and desktop devices
CHANGES, APPLICABLE LAW AND JURISDICTION.
Magnifica Essenza reserves the right to make changes to the site and these Legal Disclaimers at any time. The user must always refer to the text of the Legal Disclaimer published at the time of viewing as the current version.
The Legal Disclaimers and the relationship between Magnifica Essenza and the users of the site have been prepared under and are governed by Italian law. All disputes that may arise between Magnifica Essenza and the Users connected or in any case related to the use of the Site, regardless of the location of the servers and the nationality of the User, are reserved for the Italian jurisdiction, within the limits provided for by article 5.1 of the Rome Convention of 1980 and by articles 14 and 15 of the Brussels Convention and, where applicable, by the provisions of Council Regulation (EC) no. 44/2001 of 22 December 2000.
In the first quarter of 2016, the European Commission made available an online dispute resolution platform (called the ODR platform). The ODR platform aims at facilitating the settlement, as an alternative to a court case, of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at this link: http://ec.europa.eu/consumers/odr
In the event that certain provisions of the Legal Disclaimers are found to be invalid or unenforceable, they shall nevertheless be interpreted in a manner that reflects the common intentions of Magnifica Essenza and the users, in accordance with the remaining provisions of the Legal Disclaimers.
Magnifica Essenza’s failure to exercise the rights and provisions set forth in the Legal Disclaimer shall not constitute a waiver thereof unless expressly stated in writing by Magnifica Essenza.