Thus, the “ToU” specifies the contractual framework for the use of the “website” between the “user” of the services and the “seller”.
The following terms, contained herein, shall be read and interpreted with the meaning defined after each term:
“Account”: the user account created on the website and containing personal identification information enabling the “user” to be provided with the services he or she orders online.
“Seller”: the TASTO brand managed by the company L’ITALIANO SA owner of the TASTO website and brand.
“User”: the consumer making a purchase on the “website”. He shall warrant having the capacity of a natural person consumer as defined by Luxembourg law and case-law.
“Website”: the e-commerce website, accessible at the web address www.tasto.eu and containing all of the hosted web pages, products and services offered to the “user”.
ARTICLE 2 - ACCEPTANCE OF THE TOU
The “user” acknowledges that he is a natural person having reached the age of majority in his country of habitual residence (or having obtained the authorisation of his legal representative – parent or guardian – if the “user” is a minor), in order to access the “website”. The “user” also acknowledges that he is legally able to contract in accordance with the law of his country of habitual residence.
The fact of creating a user account, of navigating, of using the services available on the “website” and of accepting these “ToU” entails the acceptance by the “user” of all the rules set out in the “ToU”. In the event of disagreement with these provisions, the “user” is requested to delete his account and to refrain from accessing the services of the “website”.
Any use of the services not in compliance with the “ToU” is prohibited.
ARTICLE 3 - ACCESS TO THE SITE
The services of the “website” are offered on the Internet. In order to gain access to it, the “user” must have an Internet connection. All costs of telephone connections and internet access shall be borne by the “user”.
Nobody except the “user” may be held liable for any damage that the “user” may suffer as a consequence of the use of an Internet connection or the installation of inadequate or malicious processes on his computer.
ARTICLE 4 - ACCOUNT CREATION
To access the services of the “website”, the “user” must create an “account”. The “user” can create an “account” from the menus provided for this purpose on the “TASTO” “website”, located in the “create an account” section (top right).
To create an “account”, the user must be an individual who has reached the age of majority in his/her country of habitual residence (or who has obtained the authorisation of his/her legal representative – parent or guardian – if the “user” is a minor). The “user” also acknowledges that he is legally able to contract in accordance with the law of his country of habitual residence.
The “account” is an access to the “website” made available to the “user” by the “seller” via a secure process using personal authentication data.
The “account” shall remain the property of the seller. The “user” only enjoys a right of access to the services made available from the “website”.
The “account” name shall never be visible to other users.
When creating their “account”, the “user” must observe the following basic rules:
• The personal information entered must be accurate, verifiable, complete and up to date. A personal and valid e-mail address must be provided.
• The creation of an “account” in an automated manner and/or using a false or fraudulent identity is formally prohibited.
To validate the creation of an “account”, the “user” must enter the following mandatory information:
• User information
• Marital status
• First name
• Date of birth
• E-mail address
• Password confirmation
• Delivery/invoicing address
– Name of address (e.g. home, office, etc.)
– Name of my company (e.g. a private delivery to a business address)
– Postal code
– Access code (e.g. access to the hall of an apartment block)
– Further information (e.g. useful information for the purpose of the delivery)
– Telephone (mobile, landline if necessary but optional)
Before validating this information, the “user” must tick the “Acceptance of the ToU” box to confirm that they have taken cognizance of said ToU and commit to observing them.
When connecting to the “website” requesting authentication, the name entered in the “login” field must correspond to the e-mail address that the “user” entered in the personal data of his “account” when it was created. This identifier (e-mail address) must comply with the following rules:
• The login must be a pronounceable word (e.g. the name “zrtpqsdf” is not appropriate)
• It must not refer to a political orientation, ethnicity, community, religion.
• It must not be vulgar or insulting.
• It must not have a sexual or pornographic connotation.
• It must not resemble or imitate a trademark or copyrighted term.
• It must not promote a commercial service.
• It must not refer to a narcotic product or any other entity prohibited by law.
• It must not be spelled or spelled out alternatively for the purpose of circumventing the rules imposed above.
ARTICLE 5 - SECURITY AND RESPONSIBILITY
• Do not give a third party access to your “account”. Lending, sharing, exchanging, gifting, purchasing, transferring and selling the “account” are prohibited. Any loan, sharing, exchange, gift, purchase, transfer or sale of the “account” shall not be enforceable against the “seller”.
• All necessary measures must be taken to prevent third parties from accessing your “account”, even without your knowledge.
• Do not use the account of another “user”
• Do not distribute your identifiers, i.e. the login name of your “account” and the password associated with it.
• Use a personal e-mail address and do not share this e-mail address.
The security of the user’s account is his sole responsibility and the “seller” may not be held liable for any damage that may be suffered by the “account” of the “user” or his computer as a result of the loss or sharing of his “user” “account” identifiers.
The “seller” may not in any way be held liable in the event of theft of the “user” “account” or any alteration that may be suffered by his “account”.
The “user” also acknowledges that he is deemed to be the “user” of his “account” and is accordingly responsible for any actions taken via his “account” and on his “account”.
The “user” acknowledges that he/she is solely responsible, and not the “seller”, for all electronic communications and content sent from his or her computer and that he/she must use the services of the “website” only in compliance with the laws and these ToU.
ARTICLE 6 - SUPPORT
Technical support is available to the “user”.
Technical support may be obtained by sending an e-mail to the address [email protected]
Requests made by e-mail shall be recorded under an identifier called the “ticket number”. The “seller” has a discretionary power as regards the management of the tickets and reserves the right not to reply.
The “user” may also contact the technical support department by post at the address specified in these “ToU” under Article 1.1: Object.
To contact the support department, the “user” must have an “account” and identify himself.
If the “user” has reason to suspect a security breach, including the loss, theft or unauthorised use of his identifiers or any other problem related the security of his “account”, he must notify the “seller” as soon as possible by contacting the support department. The support department may be able to offer solutions to improve the security of their “account”. The support department can also block access to the “account” in question in order to collect the necessary information and guarantee optimal security conditions.
ARTICLE 7 - PERSONAL DATA AND CONFIDENTIALITY
The “user” acknowledges that he is able to disclose his personal data to the “seller” in accordance with the law of the country in which he has his habitual residence.
The personal information collected is processed by computer to enable the “seller” to contact him or her for the purpose of following up his orders or more broadly in order to manage the customer relationship, verify his identity in exchanges with the support department or to restore access to his “account”.
In accordance with the amended Act of 30 May 2005 on the protection of privacy in the electronic communications sector ( CNPD ), the “user” has a right to access and correct information concerning him, whether exercised via the support department or by post to the address indicated in these “ToU” under Article 1.1: Object, stating his surname, first name, e-mail address and the address of his/her place of residence, with evidence of his/her identity.
The “user” may also, for legitimate reasons, oppose the processing of data concerning him.
With the exception of the situations mentioned under 6.3, the “seller” undertakes not to disclose the information of the “user” to third parties, and to make every effort to prevent their dissemination, unless expressly authorised to do so by the “user”. The “Seller” reserves the right to institute proceedings against any person who attempts to access personal information that does not concern him or her.
The “seller” may call upon the service of third party service providers who will use the personal data of the “user” in the name and on behalf of the “seller” for the purpose of performing the tasks necessary for carrying out their order, delivering products, processing payments, and to combat fraud. The “seller” may also be required to disclose certain of the “user” data, and personal data in particular, to these partners or service providers in a secure manner for the same purposes.
The personal information that the “user” has provided may be transferred to subsidiaries of the “seller”.
The “seller” is under no obligation to provide information related to an “account”, even if a user so requests, except to the competent authorities in the course of a formal and legal investigation.
Cookies are small files issued by a web server accessed by the “user”, which are stored on the computer’s hard disk. Cookies fulfil the following roles:
• Cookies are essential for ensuring that the “user” can navigate the website and use its features, such as accessing secure portions of certain pages. The cookies are only used in these essential parts of the website. Cookies in this category are normally not permanent unless they are absolutely required.
• Cookies enable the website to save user preferences , such as language preferences. They also enable the “user” to benefit from an improved and more personalised website experience.
• Cookies collect data about the behaviour of the “user”. This information is used to compile reports for the purpose of making improvements to the website. Data thus collected is rendered anonymous.
• Cookies enable advertisements that relate to the user and his or her interests to be displayed. The cookies can also be used to measure the effectiveness of an advertising campaign which is displayed to the “user” when visiting specific pages.
The cookies used by the TASTO website are mainly intended to improve the navigation experience of the “user” of the website. The “seller” is concerned with protecting the privacy of the “user”. All processing of personal data is carried out in accordance with the amended Act of 30 May 2005 on the protection of privacy with regard to the processing of personal data.
Cookies are used in accordance with applicable legal provisions.
The purpose of this article is to give the “user” information about the cookies used on the website and on their features.
During the first visit to the website, a pop-up message will appear on the screen, informing the “user” of the existence of cookies and giving them the option to continue without disabling the cookies, to leave the “website” or to continue while disabling all or part of the cookies. By continuing to visit without choosing one of these options or by checking the “continue without disabling cookies” box, the “user” accepts that cookies will be installed on his computer.
The “user” accepts that the “seller” accesses the data collected by the cookies and that it stores said data. Such storage or access to information constitutes processing of personal data with a view to achieving the purposes set out in this Article and in the rules on privacy and protection of personal data. The “user” may, at any time and free of charge, withdraw his/her consent by disabling cookies and sending an e-mail for this purpose to the address info[at]tasto.eu
In accordance with the rules on the protection of privacy and personal data, the “user” shall at all times be entitled to access and correct the data which concern him and which have been collected by the cookies. He/she shall also be entitled to oppose, free of charge, any processing of such data and/or the transfer of such data to third parties for the promotion of products and services.
To exercise these rights, the “user” may simply make his requests in writing to the “seller” by post to the address specified in these “ToU” under article 1.1: Object. The request must be signed, dated and accompanied by a copy of the “user’s” identity card.
ARTICLE 8 - GENERAL PROVISIONS
In case of nullity of one or more provisions, conditions or terms of these “ToU”, such nullity shall not affect the validity of the other terms and shall not affect the application of the other provisions.
No waiver by the “seller” of any right or provision of these “ToU” shall be deemed or construed to be a waiver of such right or provision. No representative of the “seller” and no staff of the “seller” entering into contact with the “user” shall be legally entitled to bind the “seller” with regard to any alteration to or waiver of the provisions of these “ToU”.
The “seller” reserves the right to alter, add and/or delete certain rules provided for in the “ToU”. The “user” shall be informed by all means available of any substantial alterations made to these “ToU” at the time at which the “user” shall access the “website” in an authenticated way. By accessing the website, the “user” acknowledges having been informed of alterations, additions and/or deletions, and must accept such alterations, additions and/or deletions.
The contract concluded between the contracting parties shall be governed by Luxembourg law. The courts of Luxembourg shall have sole jurisdiction over any dispute.