Terms of Use

    1. This document contains the conditions of use (the “ Conditions of Use ”) of each website www.monmassague.com and www.monmassague.it owned by the company MON MASSAGUE' di Massagué Flaqué Montserrat with registered office in via Montini n. 2, 35122 Padova, Italy, REA and Tax Code MSSMTS73A44Z131Y, VAT number 08029611004 (respectively the “ Site ” and “ MON MASSAGUE' ”) which must be complied with by all subjects who intend to navigate the pages of the Site (the “ Users ”).
    1. Anyone accessing the Site is required to carefully examine the Conditions of Use and to print and keep a copy of the same. 
    1. Acceptance of the Terms of Use occurs by accessing the Site or, in any case, by browsing its web pages. Where a User does not intend to accept the Terms of Use, it is sufficient that he/she abstain from browsing the pages of the Site.
    1. The Conditions of Use may be modified or simply updated, in whole or in part, by MON MASSAGUE' at any time, without prior notice to Users of these circumstances and without prejudice to the obligation of the latter to periodically review them before accessing the contents of the Site. 

Site Content and Privacy Policy

  1. The Site allows you to view the characteristics of MON MASSAGUE' products, select the offer that best suits your needs using a guided procedure, receive information regarding after-sales assistance, register on the Site (hereinafter the " Services "). Before using the various services available on the Site, MON MASSAGUE' invites each User to carefully examine the relevant contractual conditions and, in particular:
  • the information relating to the processing of personal data (“ Privacy Policy ”) which is also applied in the event that the User accesses the Site and uses the related services, but does not purchase any product;
  • the general conditions of sale that govern the marketing to Users of the products available on the Site by MON MASSAGUE' (“ General Conditions of Sale ”).

The contractual documents indicated above prevail over the Conditions of Use in the event of any discrepancies, inconsistencies and/or differences.

    1. MON MASSAGUE' intends to offer, through the pages of the Site, general information in relation to its activity. Although such information is constantly verified and updated by personnel identified by MON MASSAGUE', their content must not be considered either exhaustive or complete. Therefore, the User who intends to rely on the information reported on the Site is required, in any case, to carry out an independent and further verification of their correctness.
       

Similarly, the material contained in the Site is to be considered "as is" (" on as is basis "), with the consequence that it may prove not to be adequate and/or suitable for specific purposes and interests pursued by the person accessing its pages, or it may contain elements which, if reused, could determine violations of intellectual property rights owned by third parties.

  1. The Site may also contain links to websites owned by third parties. In this case, the hyperlinks will have the sole function of facilitating navigation for Users, without there being any relationship between the content of the Site and that present on the third-party site which therefore remains totally outside the sphere of action of MON MASSAGUE'. 
  2. Furthermore, the presence of such links must not be understood in any way as a notification, nor, even less, as a recommendation to visit, by MON MASSAGUE', the websites linked to them. On this point, it is specified that MON MASSAGUE' does not control or carry out monitoring operations on such websites, nor on the information contained therein, with the consequence that MON MASSAGUE' cannot be held in any way responsible for the relative contents and/or the rules adopted by them, not even in relation to the processing of personal data of users connected to navigation operations. 
    1. All contents of the Site are protected and safeguarded by the current regulations on copyright and industrial and/or intellectual property. By way of example, and not limited to, the contents of the Site shall be understood to include, among other things: texts; images; photographs; videos; databases; graphs and tables; slogans; audio reproductions; drawings (animated or not); any graphic and/or textual representation in general, including menus, web pages, graphics, colors, schemes, tools, characters and design of the Site, diagrams and layout; methods, processes, functions and software used for the operation of the Site.

It is therefore not permitted to copy and/or reproduce, in whole or in part, temporarily or permanently and in any way or form, the content of the Site without the express written authorization of MON MASSAGUE', or, if applicable, of the authors who own the individual works present on the Site.

    1. At the same time, all trademarks, domain names, company names, firms and signs present on the Site are owned by MON MASSAGUE' or, in any case, by third parties with whom MON MASSAGUE' has collaborative relationships of various kinds and, therefore, protected by the current legislation on distinctive signs. Reproduction in any form or manner without the express written authorization of MON MASSAGUE' or the relevant owner is therefore absolutely prohibited, just as the registration of the name "MON MASSAGUE'" under any domain is to be considered equally prohibited.
    1. Finally, MON MASSAGUE' hereby informs that the use of all distinctive signs present on the Site as metatags , i.e. as html language commands which, although not involving the visualisation or formatting of a certain command, nevertheless provide instructions to electronic agents or search engines to increase the findability of a site other than that attributable to MON MASSAGUE', is absolutely prohibited.
    1. Although adopting all the most innovative and cutting-edge technological solutions to ensure that the Site is constantly accessible and free from defects of any kind, MON MASSAGUE' hereby informs that the same may not be reachable and/or compatible with the computer systems used to access it, nor free from errors, viruses and/or other computer malfunctions. Consequently, anyone accessing the Site expressly acknowledges and accepts that its use must therefore be understood to be carried out “as available” (“ on as available basis ”).
    1. MON MASSAGUE' does not provide any guarantee in relation to the services available on the Site, in particular, in relation to their contents, their specific function, reliability, availability or ability to satisfy the User's needs. The services are provided "as is" (" on as is basis "). Some jurisdictions provide for certain guarantees, such as the implied guarantee of merchantability, fitness for a particular purpose and against eviction. To the extent permitted by law, MON MASSAGUE' excludes any type of guarantee.
    1. For any problem encountered in using the Site, Users may send an email to the following address info@monmassague.com .
    1. MON MASSAGUE' assumes no responsibility for any damage resulting from the inaccessibility of the services on the Site or from any damage caused by viruses, damaged files, errors, omissions, interruptions of service, deletion of contents, problems connected to the network, to providers or to telephone and/or telematic connections, to unauthorised access, to alterations of data, to the failure and/or defective functioning of the electronic equipment of the Users themselves.
    1. In addition to the provisions of the previous article 3, MON MASSAGUE' hereby informs that the content of the Site may not be, in whole or in part, copied, reproduced, republished, uploaded, transcribed, transmitted or distributed, in any way or form, without having obtained prior written authorization from MON MASSAGUE', except for the activities of printing, downloading and viewing of part of the content of the Site carried out for exclusively personal and non-commercial purposes and on condition that the material in question is not modified in any way and all information relating to the intellectual and/or industrial property rights contained therein is maintained.
    1. At the same time, the content of the Site cannot, in whole or in part, be disseminated through communication channels such as the Internet, television, radio or any other type of systems without prior written authorization from MON MASSAGUE'.
    1. Furthermore, the information and materials contained in the Site cannot be used for commercial purposes in order to create databases of any type and kind, nor be archived (in whole or in part) in pre-existing databases, whether accessible exclusively by the creator or made available to third parties. Access to the Site and its use, including viewing the web pages that compose it, communications with MON MASSAGUE', the possibility of downloading information on products and purchasing them through the Site constitute activities conducted exclusively for personal use.
    1. Users will be the sole and exclusive responsible for the use of the Site and the enjoyment of its contents. MON MASSAGUE' cannot, therefore, be considered in any way responsible if Users use the Site or the information contained therein in a manner that does not comply with current regulations. In particular, Users are the sole and exclusive responsible if they communicate incorrect or false information and/or data or data relating to third parties without the latter having expressed their consent, or if they make incorrect use of the data.
    1. Furthermore, without prejudice to what is specified at the beginning of this paragraph, in the event of downloading of contents from the Site by Users, all responsibility for any damage to computer systems and/or loss of data resulting from the downloading operations falls on the Users themselves and cannot in any way be attributed to MON MASSAGUE'.
    1. Anyone accessing the Site implicitly declares to be of age and undertakes to:
  1. not to use the Site and the material contained therein for illicit purposes or in any case contrary to the laws in force;
  2. maintain diligent and good faith behavior while browsing and using the Site;
  3. use the Site only to benefit from the related services;
  4. not to use the information on the Site for illicit purposes or, in any case, in violation of third party rights;
  5. do not interact with, or make purchases through, the Site by claiming to be acting on behalf of a third party, where you do not have the necessary authority to bind the latter.
    1. Users undertake not to use the Site – or not to allow any third party to use the Site – for the purpose of:
  1. alter, violate, disable or destroy any protections on the Site or test the vulnerability of the Site;
  2. interfere in any way with navigation on the Site or with the enjoyment of the services offered by MON MASSAGUE' by other Users by carrying out, by way of example and not limited to, attempts to overload the system, the Site itself or by inserting viruses;
  3. access the services offered by MON MASSAGUE' from a platform other than the Home Page;
  4. attempt to circumvent the security measures of the Site, or violate the network on which the latter is present, by accessing, inter alia , data not expressly intended for the Users themselves, or by probing the security of other networks (for example, through “ port scanning” );
  5. carry out any form of network monitoring that intercepts data not expressly intended for the individual User;
  6. send unsolicited email, including “ junk mail ,” or other advertising materials to people who have not expressly requested them. Specifically, Users are expressly prohibited from sending large quantities of unsolicited mass email messages (“ bulk mail ”), including messages relating to commercial advertisements, promotional or informational announcements, and political or religious censuses;
  7. send or receive any information and/or content: that is technically harmful (including, but not limited to, computer viruses, logic bombs , Trojan horses, worms , harmful components, corrupted data or other malicious software); that may cause annoyance, accident or needless inconvenience; that is designed to intercept or attempt to intercept communications transmitted by telecommunications systems; that has the intent to undertake any fraudulent purpose.
    1. Each User undertakes, if he/she encounters and/or becomes aware of any of the aforementioned circumstances, to communicate it to MON MASSAGUE' by sending an email to the following address: info@monmassague.com .
    1. It is not permitted in any way to create links to the Home Page or, even less so, to internal and/or accessory pages of the Site (so-called “ deep links ”) nor to connect or present the contents of the Site within another website (so-called “ framing ”), without the prior written authorization of MON MASSAGUE'.
    1. In order to obtain such written authorization, it is necessary for the interested parties to send a specific request to MON MASSAGUE' by sending an email to the following email address: info@monmassague.com . The following must be indicated in this request:
  1. the data of the person responsible for the technical aspects of managing the connection links (including the e-mail address and telephone number);
  2. the applicant's data;
  3. the indication of the web address of the site where the link to the Home Page will be created;
  4. any further information deemed useful in order to obtain authorization from MON MASSAGUE'.
    1. Where authorised by MON MASSAGUE', the creation of a link to the Home Page grants the requesting party a non-exclusive and non-transferable license to use the name "MON MASSAGUE'" for the sole and exclusive purpose of creating a hypertext link from the site owned by such party to the Site, with the express exclusion of any other use. In any case, MON MASSAGUE' recognises only the possibility of creating a link to the Home Page and not to the internal pages of the Site.
    1. Violation of the provisions of this paragraph constitutes conduct that is also punishable under the terms of unfair competition, governed by the applicable laws in force.
    1. Sending any type of material to MON MASSAGUE' – by post, email or via links on the Site – implies implicit authorization for the same to be freely reproduced, used, revealed, shown, transformed, used by MON MASSAGUE' for any purpose. Likewise, without prejudice to respect for the moral rights of the author, all works protected or protectable by copyright, including texts, ideas, drawings, concepts, know-how and/or technical knowledge possibly contained in the material in question, may be freely used and economically exploited by MON MASSAGUE' for any purpose including, by way of example and not limited to, the development, production and marketing of products that use such material or connected or linked to it.
    1. By sending material to MON MASSAGUE' each User declares and guarantees to be the exclusive owner thereof, or, in any case, to have obtained the right to freely use the same, with the consequent total exclusion of the risk that its use may determine violation of rights of any kind and nature of third parties. Considering the "open" nature of the Internet, MON MASSAGUE' expressly recommends not to transmit through telematic communication channels material that the User does not consider freely usable by third parties.

Accessing the Site from Abroad

Anyone accessing the Site from a country other than Italy is required to behave in full compliance with the Conditions of Use and the laws in force in Italy and expressly guarantees that he/she will not use the Site and the material contained therein in such a way as to determine a violation of the laws mentioned above.

    1. MON MASSAGUE' has adopted its own commercial policy which allows the direct sale of some types of products carried out directly by MON MASSAGUE' to end users through the portals www.monmassague.com and www.monmassague.it . 
    1. In implementation of this commercial policy, MON MASSAGUE' reserves access exclusively to consumers , understood as natural persons who act on the Site for purposes outside of their own entrepreneurial, commercial, artisanal or professional activity, if any. 
    1. Each User, therefore, if he/she intends to access the services of the Site that require registration and log in, is required to:
  1. to provide truthful information and to promptly inform MON MASSAGUE' in the event of any changes to the information provided at the time of registration;
  2. inform MON MASSAGUE' if you have reason to believe that your account has been violated. The responsibility arising from the use of the account remains with the User in the event that the use (fraudulent or otherwise) by third parties depends on negligence, imprudence or is in any case attributable to the User, including for the failure by the same to adopt adequate measures to protect the password. Without prejudice to any right to take action in all appropriate venues, MON MASSAGUE' may immediately block, suspend, revoke access and/or cancel the User's account and any activity carried out by the same on the Site;
  3. not to proceed with registration and not to subscribe to or use any Service, in the event that a user is not of age, as the Services are not intended for minors. MON MASSAGUE' will cancel any registration and will cease to provide any Service if it becomes aware of the fact that the User is not of age or that the user has voluntarily declared a false statement regarding his/her age during the registration procedure.
  4. Please read carefully the applicable contractual conditions, to which you will be automatically directed once you log in.
    1. MON MASSAGUE' reserves the right not to take into consideration any requests or purchase orders submitted and to terminate any contracts concluded using access to the Site that does not comply with the contractual conditions.
    2. The User has the right to withdraw freely and at any time from registration on the Site, without having to justify the reason; to exercise this right the User must send an email to info@monmassague.com . 
    3. MON MASSAGUE' will confirm to the User that the registration or subscription has been cancelled.

MON MASSAGUE' may at any time, in complete autonomy and at its own discretion, replace, add, modify and/or integrate the Site and/or the material contained therein as well as the technology used therein. In this regard, MON MASSAGUE' hereby informs that such activities may result in the temporary or permanent impossibility of accessing the Site and/or its content.

The Terms of Use replace any other document regulating navigation on the pages of the Site. The possible invalidity or ineffectiveness of a single contractual agreement does not affect, nor will it affect, the other provisions contained in the Terms of Use.

MON MASSAGUE' is very attentive to the needs of its Users. For suggestions, requests for clarification or information or reports of any malfunctions, you can send an email to the following address info@monmassague.com .

The Terms of Use are prepared in Italian with courtesy translation into multiple languages. In the event of any inconsistencies, the Italian version prevails.

    1. The Terms of Use shall be governed exclusively by Italian law.
    1. Any dispute that may arise between the parties in relation to the Conditions of Use, including those concerning their validity, effectiveness, interpretation and execution will be under the exclusive jurisdiction of the Court of Padua (Italy).