Terms and Conditions

Last updated 03 April 2024

AGREE TO OUR LEGAL TERMS

We are RosyShop1 (" Company ", " we ", " us ", " our ") , a company registered in Italy at VIA GIOVANNI NAPPI 28, SAN VITALIANO, NAPLES 80030. Our VAT number is 10317641214 .

We operate the website https://rosyshop1.com (the " Site "), as well as any other related products and services that reference or link to these legal terms (the " Legal Terms ") (collectively, the " Services ").

Our company was born from a dream - to create from scratch, with sacrifices and dedication, a store that offers carefully selected products of high quality, beautiful, always up to date and above all accessible to all.

Yes! This is the basic idea - to do everything possible so that every woman can always satisfy her desire to buy our products, even with just a few euros, guaranteeing the authenticity and validity of each individual item.

Our greatest satisfaction is to satisfy all your needs, at any cost.

That said, we now wish you a good experience browsing through our rich catalogs and thank you infinitely for choosing us.

You can contact us by phone at +39 334 129 5129 , by email at rosita31@libero.it , or by post at VIA GIOVANNI NAPPI 28, SAN VITALIANO, NAPOLI 80030, Italia .

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (" you "), and RosyShop1, concerning your access to and use of the Services.
You agree that by accessing the Services you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USE OF THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with advance notice of any planned changes to the Services you are using.
The modified Legal Terms will become effective upon posting or notification by us via info@rosyshop1.com , as indicated in the email message.
By continuing to use the Services after the effective date of any modifications, you agree to be bound by the modified terms.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission and direct supervision of their parent or guardian to use the Services.
If you are a minor, your parent or guardian must read and agree to these Legal Terms before you use the Services.

We recommend that you print a copy of these Legal Terms for your records.

INDEX

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PRODUCTS
  5. PURCHASES AND PAYMENTS
  6. RETURN POLICY
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. REVIEW GUIDELINES
  11. WEBSITES AND THIRD PARTY CONTENT
  12. SERVICE MANAGEMENT
  13. PRIVACY POLICY
  14. TERM AND TERMINATION
  15. MODIFICATIONS AND INTERRUPTIONS
  16. APPLICABLE LAW
  17. DISPUTE RESOLUTION
  18. CORRECTIONS
  19. DISCLAIMER
  20. LIMITATIONS OF LIABILITY
  21. COMPENSATION
  22. USER DATA
  23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
  24. CALIFORNIA USERS AND RESIDENTS
  25. OTHER
  26. CONTACT US



1. OUR SERVICES

The information provided while using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use the Services.
You may not use the Services in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or are the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and the Marks are protected by copyright and trademark laws (and various other intellectual property rights laws and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided on the Services "AS IS" solely for your internal business purpose.

Your use of our Services

Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES " section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services
  • download or print a copy of any portion of the Content to which you have properly gained access. Solely for your internal business purpose.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written consent.

If you wish to use the Services, Content or Marks other than as set forth in this section or elsewhere in our Legal Terms, please direct your request to: rosita31@libero.it . If we ever grant you permission to publicly post, reproduce or display any part of our Services or Content, you must identify us as the owner or licensee of the Services, Content or Marks and ensure that any copyright or other proprietary notices appear or are visible on the posting, reproduction or display of our Content.

We reserve all rights not expressly granted to you in the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please read this section and the “ PROHIBITED ACTIVITIES ” section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback or other information about the Services (" Submissions "), you agree to assign to us all intellectual property rights in such Submissions. You agree that we will own such Submission and will be entitled to unrestricted dissemination and use of it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending Submissions to us through any part of the Services:

  • you confirm that you have read and agree to our " PROHIBITED ACTIVITIES " and that you will not post, send, publish, upload or transmit through the Services any Submission that is unlawful, harassing, hateful, harmful, defamatory, obscene, threatening, abusive, discriminatory, threatening to individuals or groups, sexually explicit, false, inaccurate, deceptive or misleading;
  • to the extent permitted by applicable law, you waive any moral rights you may have in such Submissions;
  • you warrant that such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above rights in connection with your Submissions; and
  • you warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses we may suffer as a result of your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to abide by these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on the Services. However, we do not warrant that the colors, features, specifications and details of the products will be accurate, complete, reliable, current, or free from other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

    5. PURCHASES AND PAYMENTS

    We accept the following forms of payment:

    • Visa
    • MasterCard
    • American Express
    • Discover
    • PayPal
    • Google Pay
    • Klarna

    You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT will be added to the price of purchases as deemed necessary by us. We reserve the right to change prices at any time. All payments must be made in Euros.

    You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts at the time of your order. We reserve the right to correct any errors or inaccuracies in pricing, even if we have already requested or received payment.

    We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors.

    Discounts and Promotions

    From time to time, we may offer discounts, promotions or coupon codes for our products or services. Such offers are temporary and may be subject to specific terms and conditions, as well as an expiration date. The use of discounts, promotions or coupon codes is subject to the rules established by RosyShop1 . Specific details on how to use such discounts or promotions will be provided at the time of the offer.
    We reserve the right to revoke or modify any periodic discount or promotion at any time without notice.
    Discounts cannot be exchanged for cash or transferred.
    Full terms and conditions for periodic discounts and promotions will be available at the time of offer and are subject to change without notice.

    6. RETURN POLICY

    Please read our Return Policy posted on the Services carefully before making any purchase.

    7. PROHIBITED ACTIVITIES

    You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

    As a user of the Services, you agree not to:

    • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
    • Trick, defraud, or mislead us or other users, especially in any attempt to obtain sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services, including devices that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
    • Denigrate, tarnish, or otherwise harm, in our sole discretion, us and/or the Services.
    • Use any information obtained from the Services to harass, abuse, or harm another person.
    • Misuse our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Services.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's continued use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Remove any copyright or other proprietary rights notices from any Content.
    • Attempting to impersonate another user or person or using another user's username.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics file formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Services to you.
    • Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Copy or adapt the Services software, including, without limitation, Flash, PHP, HTML, JavaScript or other code.
    • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    • Use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheating utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
    • Use a purchasing agent or purchasing agent to make purchases on the Services.
    • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or creating user accounts by automated or fraudulent means.
    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
    • Sell ​​or otherwise transfer your profile.
    • Use the Services to advertise or offer for sale goods and services.
    • Sell ​​gifts or discounts.

    8. USER GENERATED CONTRIBUTIONS

    The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Services and through third-party websites. Therefore, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available Contributions, you represent and warrant that:

    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
    • Your Contributions are not false, inaccurate or misleading.
    • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    • Your Contributions are not obscene, lascivious, lustful, filthy, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions will not be used to harass or threaten (in the legal sense of those terms) any other person, and will not promote violence against any specific person or class of people.
    • Your Contributions do not violate any applicable laws, regulations or rules.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    • Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

    Use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, suspension or termination of your rights to use the Services.

      9. LICENSE FOR CONTRIBUTIONS

      You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

      By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

      We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any liability and to refrain from any legal action against us in relation to your Contributions.

      10. REVIEW GUIDELINES

      We may provide you with areas on the Services to leave reviews or ratings. When you post a review, you must meet the following criteria: (1) you must have direct experience with the person/entity being reviewed; (2) your reviews must not contain abusive, obscene, offensive, or discriminatory language based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your reviews must not refer to illegal activities; (4) you must not be affiliated with competitors if you post negative reviews; (5) you must not draw inferences about the legality of the behavior; (6) you may not post false or misleading statements; (7) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

      We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to monitor reviews or to remove reviews, even if someone considers them unacceptable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the opinions of any of our affiliates or partners. We assume no responsibility for any review or for any claims, liabilities, or losses arising from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any medium, display, perform, and/or distribute all content relating to the review.

      11. THIRD PARTY WEBSITES AND CONTENT

      The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you hereby release us from any harm caused by your purchase of such products or services. Additionally, you hereby release us from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

      12. SERVICE MANAGEMENT

      We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, without notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

        13. PRIVACY POLICY

        We care about privacy and data security. Please read our Privacy Policy .
        By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Italy. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Italy, then through your continued use of the Services you are transferring your data to Italy, and you expressly consent to have your data transferred to and processed in Italy.

        14. TERMS AND TERMINATION

        These Legal Terms will remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

        If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

        15. MODIFICATIONS AND INTERRUPTIONS

        We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

        We cannot guarantee that the Services will be available at all times. We may have hardware, software or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

        16. APPLICABLE LAW

        These Legal Terms are governed by and construed in accordance with the laws of Italy, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also have the protection afforded by the mandatory provisions of the law in your country of residence. RosySHop1 and you both agree to submit to the non-exclusive jurisdiction of the courts of SAN VITALIANO, NAPOLI 80030 Italy, which means that you can bring a claim to defend your consumer protection rights in relation to these Legal Terms in Italy or in the EU country where you reside.

        17. DISPUTE RESOLUTION

        Informal Negotiations
        To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations begin upon written notice by a Party to the other Party.

        Binding Arbitration
        Any dispute arising from the relations between the Parties to these Legal Terms will be decided by an arbitrator who will be chosen in accordance with the Internal Arbitration Rules of the European Court of Arbitration forming part of the European Arbitration Centre located in Strasbourg, and which are in force at the time of the submission of the request for arbitration, and of which the adoption of this clause constitutes acceptance. The place of arbitration will be Naples, Italy. The language of the proceedings will be English, Italian. The applicable rules of substantive law will be Italian law.

        Limitations
        The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

        Exceptions to Informal Negotiations and Arbitration
        The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of a Party's intellectual property rights; (b) any Disputes related to or arising out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the jurisdiction listed above, and the Parties agree to submit to the personal jurisdiction of that court.

        18. CORRECTIONS

        There may be information on the Services that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Services at any time, without prior notice.

          19. DISCLAIMER

          THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

          20. LIMITATIONS OF LIABILITY

          IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER LOSSES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND IN ANY EVENT WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ARISES OF ANY CAUSE OF ACTION. CERTAIN U.S. STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

          21. INDEMNIFICATION

          You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) use of the Services; (2) violation of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you have connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnity upon becoming aware of it.

          22. USER DATA

          We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

            23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

            Visiting the Services, sending emails to us, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

            24. CALIFORNIA USERS AND RESIDENTS

            If any complaint you have with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

            25. MISCELLANEOUS

            These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms will not constitute a waiver of such right or provision. These Legal Terms operate to the maximum extent permitted by law. We may assign all or any part of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay, or failure to perform caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of our drafting of these Legal Terms. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

            26. CONTACT US


            To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

              RosySHop1

              VIA GIOVANNI NAPPI 28

              SAINT VITALIAN, NAPLES 80030

              ITALY

              Phone: +39 334 129 5129

              rosita31@libero.it

              These terms of use were created using the Termly Terms and Conditions Generator.