All contents ( including , but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination thereof ) available on this Website ("Content") are owned or licensed by Kiton and are protected by the applicable copyright laws and the related international treaties. All such rights are reserved by Kiton.
The "Kiton" brand and all associated brands, whether they are figurative or not, and all the other signs, trade names, service brands, denominative brands, trade names, illustrations, images and logos which appear on our Products, on the Website, on accessories or packaging, whether registered or not ("Brands") are, and remain, the exclusive property of Kiton and/or its licensors and are protected by trademark laws and by related international treaties. All such rights are reserved by Kiton.
All other intellectual property rights (including, without limitation, trademarks, logos, registered or unregistered designs, copyrights, patents, know-how or trade secrets ) on, or related to, the Website, the products featured and/or available on the Website and any accessory, stationery item, packaging item or items connected to such products, ordered by you or sent to the Website ("Intellectual Property Rights") are, and remain, the exclusive property of Kiton and/or its licensors and such intellectual Property Rights are protected by intellectual property laws and related international treaties. All such rights are reserved by Kiton.
Subject to the terms provided herein, we will grant you a revocable, non-exclusive license to access and make limited personal use of the Website that does that not include the right to:
(a) use the Website in a manner as to prejudice or damage Kiton’s reputation;
(b) use the Website for any commercial or business purposes. The Website provides for personal use only;
(c) use software robots, spiders, crawlers or similar data gathering and extraction tools, or engage in any other conduct that constitutes a burden or unreasonable overload of our infrastructure.
Kiton may terminate your license stipulated in this section, at any time at its sole discretion, without prejudice to any other tutelage that can be brought against you, pursuant to applicable law for any reason or in the event of a breach of these Terms.
Kiton will endeavour to ensure that the information published by Kiton on the Website is accurate and complete. However, Kiton does not warrant that the Content or any other information available on the Website is accurate and/or error-free. Kiton does not guarantee that the functionality of the Website or the Content will be error-free or that the Website, Content or the server that makes it available are free of viruses or other harmful informational codes or other components that can make it harmful. Kiton recommends that all internet users install an antivirus programme.
3. DISCLAIMER OF WARRANTIES
This section F (3) does not affect your statutory rights as a consumer and, with reference to the Products, this section does not exclude or limit in any way Kiton’s responsibility in the case of violation of the regulations specified in sections 13, 14 and 15 of the British Sale of Goods Act 1979 relating to the conformity of the product as indicated in the description, the quality presented, fitness for use, the conformity to the style and the solutions stipulated for the protection of the consumer. For more information on your statutory rights you may contact the Trading Standards Office and the relevant local consumer protection associations in your country.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KITON DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES RELATING TO THE PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4 .LIMITATIONS OF LIABILITY
No clause of these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence (ii) fraud or wilful misconduct, (iii) as required by Section 2 (3) of the British Consumer Protection Act 1987, or (iv) for any other liability which cannot be limited or excluded by law.
Except for the content provided in section F (4.1) above, we shall not be liable, in any event, whether in contract, in tort (including, without limitation, for wrongful conduct or violation of the law) for facts howsoever relating to these Terms with respect to:
( a) economic losses (including, without limitation, any consequential damage, loss of data, income, actual or anticipated profits, contracts, business, opportunity or anticipated savings ); or
(b) loss of reputation; or
(c) indirect or consequential loss of any kind suffered or incurred by you arising out of, or in connection to, these Terms.
Except for what is provided for in Sections F (4.1) and F (4.2) the aggregate liability under these Terms, whether arising in contract, tort (including negligence), breach of a fundamental obligation or otherwise, shall in no event exceed 100% of the price of the product that you have ordered from Kiton.
This Section F (4) does not affect your statutory rights as a consumer. For more information regarding your statutory rights you may contact the British Trading Standards Office and the relevant local consumer protection associations in your country.
5. DATA PROTECTION
6. ASSIGNMENT, SUBCONTRACTING, ETC.
We reserve the right to transfer, assign, novate or sub-contract all or any of the rights or obligations under these Terms, provided that your rights under these Terms are not jeopardised. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our written permission.
7. AMENDEMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale entered into with you, will be subject to the version of the Terms in force at the time when you order the products or services concerned.
8. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be liable for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause not attributable to Kiton.
Each provision of these Terms shall be construed separately and independently of the other. If any provision is deemed invalid, void or otherwise unenforceable, it shall be considered severable from, and shall not affect, the validity or enforceability of the remaining provisions of these Terms.
10. APPLICABLE LAW AND JURISDICTION
These Terms and all transactions relating to the Website are subject to Italian law and both you, and we, hereby will submit any dispute to the non-exclusive jurisdiction of the Italian courts.
11. KITON EMPLOYEES
Kiton employees who order the products through the Website, and who are entitled to discounts for employees, declare to have read and agreed to the terms and conditions of the Kiton Global staff discount policy (agreements relating to facilities reserved for the Kiton Global staff). Employees with questions relating to applicable discounts are asked to contact the HR department.
12. ENTIRE AGREEMENT
These Terms, and any document expressly referred to in them, represent the entire agreement between yourself and Kiton and supersede any prior agreement, understanding or agreement pertaining to the subject of any contract between us.
Both parties acknowledge that, in accepting these Terms (and the documents to which they refer), solely the statements, representations, assurances or warranties ("Statements") of the parties (whether they are a party to that contract or not) expressly set out in these Terms will be relied upon.
Each of us agrees that the only rights and solutions available to us arising out of, or in connection with, a Statement shall be for breach of contract as provided in these Terms.
13. WRITTEN INFORMATION
Applicable laws require that some of the information or communications Kiton send must be in writing. Whilst using the Website you accept that all communications are mainly electronic communications. We will contact you by e-mail or will provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with the requisite that such communications be in writing. This clause does not affect your statutory rights.
All your communications addressed to Kiton should be sent to Kiton at firstname.lastname@example.org. We may give you notice either via e-mail or through the postal service to the address that you submitted at the time of placing an order, or as further outlined in Section F (13) above. Notices will be deemed to have been received or duly notified immediately when posted on the Website, within 24 hours if sent by e-mail or three days after the date of dispatch if sent by mail. To ascertain the successfully delivered communication, it will be sufficient to prove the following: in the case of use of the postal service, that the letter presents a correct address or that has been stamped and sent correctly; in the case of use of publication of the Website, that the communication was duly published; in the case of sending an e-mail, that such e-mail was sent to the specified email address.
If at any time during the duration of our contract Kiton fails to uphold the strict compliance of any of your obligations under the contract or of any of these Terms, or if Kiton does not exercise any of the rights or any safeguard as recognized under the contract of these Terms, such conduct does not constitute a waiver of such rights or safeguards and will not exempt you from compliance with such obligations.
A waiver of a claim does not constitute a waiver of any subsequent claim.
No waiver by us of any of these Terms shall be effective unless expressly described as a waiver and communicated in writing pursuant to section F (14) above.
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms and hence no third party may claim any rights under these Terms.