GENERAL CONDITIONS OF PLATFORM USE

1. INTRODUCTION

Elio S.r.l. (Company **or Elio), P.I. 02758300186, with registered office in Filighera (PV), Via Gui n. 21, iowns the ELIO platform (Platform**), screen developments, interactions, interactive functions, associated services, design, script and graphics created by its developers who implement ELIO remote sales mode.

This mode occurs through the contact established between the remote customer (User), the store (Shop) and the Personal Fashion Assistant (PFA) external.

The ELIO sales method allows the User to "enter" into the real store through PFA employees of the Shop or external PFA professionals.

The PFAs, equipped with smart glasses, "accompany" the customer in face-to-face video-audio streaming, allowing them to live a similar shopping experience and with the same procedures and phases of real presence.

2. SERVICE OBJECT

These General Conditions of Use govern the services offered on the Platform and its extensions that can be accessed from smartphones, personal computers and tablets. Access to the Platform, the use of any service present in it or the services offered by Elio implies having read, understood and accepted these General Conditions of Use.

The company:

  • is the owner of a web based service that allows the engagement, booking of appointments and remote audio / video streaming, without registration or memorization, so that the Shop / PFA can interact directly with the User and can assist him during the product purchase operations (Service);
  • has the information and IT and telematic tools useful for facilitating contact between suppliers and third parties and is therefore able to offer a new way of engaging users so that the application can meet the offer of the Shop / PFA;
  • does not operate as a sales agent.

Through the use of the Service, the User and the Shop establish a direct contractual relationship concerning the purchase experience booked by the User, while the Company is excluded from this contractual relationship, acting exclusively as a provider of a service to facilitate the contact between the parties.

3. USER OBLIGATIONS

In order to use the Service, the User undertakes to:

  • accept and respect the terms and conditions of use of the Service at the time it is used;
  • set up an IT tool enabled to stream files (personal computers, smartphones, tablets) and a functioning internet connection;
  • make sure that the items purchased do not fall into the categories excluded from trade in the country of origin and / or destination;
  • take charge of any surcharges due as customs duties;
  • comply with the technological protection measures present in the software or services related to it;
  • sustain the costs for the purchase of the products, including the price of the item, the fees due to the PFA and the Shop, the handling and the national and possibly international shipping costs and all applicable taxes;
  • not to publish or transmit unlawful contents or those that infringe the rights of others or that are offensive, defamatory, detrimental to privacy or vulgar, obscene, or otherwise objectionable contents that incite a criminal offense, or that may generate liability civil, or that otherwise violate the law, or that contain advertising or solicitations with respect to products and services;
  • do not leave offensive comments, of a sexual, racial, sexist or incitement to violence.

4. RESPONSIBILITY

The Company, carrying out exclusively the technical activity of the Platform and the related communication and marketing services, in compliance with the provisions of current legislation, is not part of the contract established between the Shop or the PFA and the Users and does not assume any responsibility. o obligation that is not expressly provided for in these General Conditions of Use.

The Company assumes no responsibility:

  • in the event of incorrect use of the Platform or Service,
  • for malfunctions or delays in networks or technical equipment, lack of 4G / 5G data network with sufficient bandwidth to guarantee an optimal audio / video connection, force majeure or unforeseeable circumstances;
  • for any cancellations or cancellations (even partial) by the User;
  • for the interruption / suspension of the Service due to reasons not attributable to Elio;
  • in the event of suspension / exclusion of access to the Service due to violation of these General Conditions of Use;
  • for the contents, what they are, including, but not limited to, any errors or omissions in the contents;
  • for complaints from users regarding the performance performed by the PFA, both during and after the experience offered, or for complaints that are the responsibility of the Shop and / or the PFA;
  • for any surcharges due by way of customs duties, costs or other charges connected with the delivery of the products.

In any case, the Company is not liable for direct or indirect damages suffered by anyone and in particular for:

  • data loss,
  • loss of revenues or expected profits,
  • loss of business;
  • loss of opportunities;
  • loss of goodwill or damage to the image or reputation;
  • losses suffered by third parties;
  • violations of these General Conditions of Use.

5. NDEMNITY

By accepting the terms contained in these General Conditions of Use, the User agrees to hold Elio harmless from any claim or claim for damages from third parties arising from or in any way related to the unlawful use or otherwise in violation of these Terms General Use, including any liability or expense arising from claims, losses, damages (actual and consequential), legal proceedings, lawsuits, legal disputes, costs and compensation of any kind and nature, which may result from the violation of even one of the conditions contained in these General Conditions of Use, of legal obligations or the rights of third parties.

The User agrees to indemnify and indemnify Elio from any claim or request, including legal fees, made by third parties and caused or resulting from the violation of these General Conditions of Use or the violation of any law or third party right.

6. PRIVACY RIGHTS

The graphic material, the logos, the page headers, the buttons of the icons, the characters and the service marks included or made available through any of Elio are trademarks or distinctive signs of Elio. Elio brands and distinctive signs cannot be used in connection with products or services other than Elio, in such a way as to generate confusion among customers or in any way that could denigrate or discredit Elio.

All other trademarks not owned by Elio that appear on the Elio portal are the property of their respective owners, which may or may not be connected, connected to Elio or sponsored by Elio.

7. PLATFORM UPDATES

The Platform, available for Android, iOS and Windows operating systems, is automatically updated in order to adapt, improve and further develop the service, including the availability of bug fixes, patches, advanced features, plug-ins and new versions, as well as for comply with any legal requirements.

The Elio Service may occasionally be suspended or limited to allow for repairs, maintenance, or the introduction of new activities or services.

8. APPLICABLE LAW AND JURISDICTION

For any dispute regarding the interpretation and / or execution of this contract, Italian law is applied and the Milan court is elected as the competent court.

9. UPDATING OF THE GENERAL TERMS OF USE

These General Conditions of Use may be updated and / or modified at the discretion of Elio.

The terms and conditions as modified will be published on the Platform and will take effect on the date of such publication.

Users are therefore constantly invited to view the General Conditions of Use to use the Service

These General Conditions of Use were updated in November 2019.

Pursuant to and for the purposes of articles. 1341 and 1342 c.c. the User declares to have read and specifically approved the clauses of the following articles:

OBLIGATIONS OF THE USER;

RESPONSIBILITY;

INDEMNITY;

PLATFORM UPDATES;

APPLICABLE LAW AND JURISDICTION;

UPDATE OF GENERAL TERMS OF USE