This document (hereinafter referred to as “Terms of Service” or “TOS”) constitutes the agreement between Book-à-Porter by Valentina Morotti (later also referred to as “BàP”) and the end user (hereinafter also referred to as “User”) regarding the use of “www.book-a-porter.com” Site (hereinafter referred to as “Site”). The Site allows Users to purchase personalized books with autobiographical content (hereinafter referred to as “Products”).
Acceptance of the Terms of Service
We recommend that you read this document carefully before using the Site. These Terms and Conditions, pursuant to and by effect of art. 1341 of the Italian Civil Code, govern the full or partial access and use of the Site and are therefore legally binding at the time of conclusion of the contract between the User and BàP.
1.1 For the purposes of these TOS, the terms indicated below, where indicated with initial capital letter, will have the following meaning, with the clarification that the terms defined in the singular must be understood as referring also to the plural and vice versa:
- “User”: it is you, namely the person who uses the Site;
- “Products”: these are the articles created by BàP for Users and object of the services of the Site. The list of these articles, illustrative but not exhaustive, is: book “WE”, book “YOU&ME”, book “ME”, book “YOU”, book “YOURS”, digital edition – eBook – of these books, etc.;
- “Order”: is the set of Products purchased by the User;
- “Compatible devices”: are the devices having the following characteristics – Desktop version: IE 11 or later, Chrome 64 or later. Edge, Firefox Mozilla – Mobile version: Android iOS 11 or later, Windows phone – Tablet version: Android, iOS 11 or later, Windows phone.
2.1 Through its Site, BàP offers Users the opportunity to create and purchase personalized books with autobiographical content. The “creation of personalized books with autobiographical content” implies the creation of books, starting from sample models, that comprises the organization and layout of content provided by the User, according to the indications specified below.
2.2 BàP reserves the right to prevent the User, in the event of violation of these TOS, access to the Site.
2.3 Given the contractual nature of the agreement between BàP and the User, in order to use the Site, the User must be over 18 years old of age or, in the case of subjects under age or unable to act, must be duly authorized by the subject to that set by the law.
2.4 All costs deriving from, or connected to, access to and use of the Site (including but not limited to Internet connection costs and any other costs related to the use of the Site from different devices – smartphones, tablets, PCs) are the exclusive responsibility of the User.
2.5 BàP is not responsible for any problem of access and/or use of the Site that should depend on: incompatibility of the device with the Site, problems of connection to the Internet and/or any technical malfunctions of the Site. BàP guarantees compatibility of the Site only with Compatible devices.
2.6 The User undertakes to use the Site only on the Devices declared compatible by BàP.
2.7 BàP reserves the right, at its sole discretion, to change, modify, add or remove portions of these TOS, at any time. It is your responsibility to check these Terms of Service periodically for changes.
3. Use of the Website and Placement of Orders
3.1 The User can place her Order and select the Products to purchase simply by clicking on the Products and following the specific indications and/or additional requests by BàP (including but not by way of limitation to colour, number of copies, eBook format, BàP bag, personalized cover, etc.).
Subsequently, the User can continue by clicking on the “Buy” button (or similar indication), and select one of the different forms of payment made available by BàP for that single Order.
3.2 The User undertakes to check carefully, before placing her Order, that all the information provided is accurate and truthful. It is not normally possible to make any changes and/or request a refund after the Order has been submitted.
3.3 In case of non-authorization of payment of the Order (according to the methods indicated in article 5 below), BàP will not process such Order.
3.4 For any request for modification of the Order, the User may contact BàP who will attempt to process such requests but can not assure their acceptance.
3.5 Once the order has been placed by the User, BàP reserves the right to suspend the Order in case fraud attempts or violations of TOS are detected.
3.6 In case of acceptance of the Order, BàP will indicate the steps to follow in order for the User to fulfill the Order. These steps will include but not by way of limitation to: filling out the questionnaire, sending text and/or photos and/or audio files, etc.
At this stage, the User may decide to invite other subjects (also referred to as “Contributors”) to participate in the creation of such documentation. To this end, BàP will send an invitation email to Contributors.
3.7 The User must send the documentation referred to in art. 4.6 according to the criteria indicated by BàP, which are specific for each type of product chosen by the User.
3.8 BàP will not be responsible for any delays in the supply of the Products object of these TOS that are caused by the User’s failure to comply with the terms set forth in art. 4.7 or, in any case, that is a consequence of the User’s lack of collaboration.
3.9 In particular, the User warrants that the contents referred to in this article, in addition to not being contrary to mandatory regulations pursuant to the law, are in their legitimate availability and do not infringe any copyright, trademark, patent or another third party right by law, contract and/or custom, exonerating BàP as of now from any burden of assessment and/or control of the veracity of such information.
3.10 The User, in any case, substantially and procedurally relieves BàP, keeping them free from any loss, damage, liability, cost or expenses, including legal fees, arising from economic claims that third parties can claim on any content provided by the User to BàP pursuant to this article.
3.11 BàP, for their part, guarantee that all materials not provided by the User and used in the provision of the services object of these TOS, in addition to not being contrary to mandatory provisions of law, are in their legitimate availability and do not violate any right of the author, trademark, patent or other third party right deriving from the law, contract or custom, assuming all relative responsibility in this regard.
3.12 After the execution of the operations referred to in the preceding article, BàP will maintain the User informed about the phases of the Order (order tracking) including but not by way of limitation to proofreading, layoutting, cover creation, printing, packaging, etc. and the indicative delivery time of the Order.
3.13 BàP does not guarantee that the Products object of these TOS will satisfy any requests or expectations of the User that are different and further than those described in art 2.1 above, or that the Products in question are suitable for particular purposes determined by the User apart from what is communicated under the same art. 2.1 of the TOS.
4. Payments and shipments
4.1 The prices of the Products indicated on the Site are to be understood as inclusive of VAT.
4.2 The User must make the payment relative to his Order through the Site, with one of the payment methods specifically indicated therein.
4.3 When the Users selects the 50-50 payment formula, the Order will be processed as sent only after the total amount of money has been paid by the user.
4.4 Once the Order has been completed and sent, BàP will provide the User with a tracking number of shipment.
4.5 Without prejudice to the mandatory limits established by the law, the responsibility of BàP for non-conformity in the Products will be limited to cases of willful misconduct or gross negligence on the part of BàP and within the limit of 100% (one hundred percent) refund of the amount actually paid by the User to BàP. The parties expressly exclude the reimbursement of further damage, without prejudice to the obligation for the User to provide proof of the alleged discrepancies with respect to the Order.
5. Changes to the Conditions of Use and Limitation of Liability
5.2 Any updated versions, which will bear the date of the update, will be promptly published on the Site and will become effective immediately after publication.
5.3 The User who continues to use the Site after the changes have been applied, implicitly accepts the TOS as modified by BàP.
5.4 BàP does not guarantee that the information on the Site is accurate, up-to-date or complete and reserves the right (without assuming any obligation) to update or make changes to this information, at any time and without prior notice, committing to communicating them in the same manner with which such information had been communicated previously.
6. Site Usage
6.1 The Site intellectual property is protected by the law on copyright (Law 22 April 1941, No. 633 and subsequent amendments and additions). The owner of the rights on the Site is BàP that grants the User the right to use the Site exclusively for personal use.
6.2 The intellectual property of the Site “Book-à-Porter” belong exclusively to BàP. All other names, signs or other symbols on the Site may be trademarks of their respective owners. The unauthorized use of such signs may constitute a violation of the rights of the respective owners, and as such, prosecutable.
6.3 The User acknowledges and agrees that the Site contains confidential information of BàP – including, by way of example, source codes, information on the codes and/or the logical structure and/or techniques on which the Site is based – and undertakes to not disclose said information and content to third parties.
6.4 Without prejudice to the provisions of the preceding article, the User has the right to view and use the Site on the devices which he owns or controls, with which the Site is compatible.
6.5 The User may withdraw from these TOS at any time by interrupting the use of the Site, provided that all the clauses applicable to this document will survive termination or withdrawal. Upon termination of TOS for any reason, the User must refrain from any further use of the Site.
6.6 The provisions relating to confidentiality, limitation of liability and applicable law will survive termination of these TOS.
6.7 Any use of the Site by the User for purposes other than those indicated in this document must be considered unauthorized by BàP and therefore expressly prohibited. Such actions include but are not limited to:
(a) the reproduction of the Site permanently or temporarily, in whole or in part, by any means and in any form, without prejudice to the reproductions necessary for the use of the Site in accordance with the provisions of this document;
(b) the translation, adaptation, transformation and any other modification of the Site;
(c) distribution, rental and any other form of making the Site available to the public;
(d) the reverse engineering of the Site, except as expressly provided for by mandatory legal provisions;
(e) the removal or cancellation in any way of the Site or any trademark, trade name, copyright notice or other notation of rights reserved or contained therein;
(f) the development of products or software applications based on the Site or in any way using its components;
(g) use of the Site to develop or disseminate computer viruses, malware or similar applications;
(h) export of the Site or parts of it in violation of export control laws.
6.8 The User will not in any case transfer or sub-license the rights and/or licenses subject to these TOS.
7.1 After completing the Order, BàP may notify the User of the possibility of providing feedback regarding the Order. This feedback can be expressed through a vote of 1 to 5 stars for each Order and can not be updated or deleted by the User.
7.2 The User will be able to inform BàP, who undertakes to verify such reports within the limits set by the TOS, any typographical errors and/or errors in the positioning of images, audio, etc. present in the Products.
8. Protection of personal data
8.1 The personal data provided by the User will be processed by BàP with manual and electronic means, for the fulfillment of the obligations arising from these TOS, and for the following purposes:
- send notifications and communications to the User on her Orders;
- for advertising purposes, for User profiling activities, for the supply of value-added services, the development and offer of interactive applications – also through BàP partners;
- to improve the Site and adapt the offer to the needs of Users;
- for the detection of consumer preferences and the analysis, also in personalized, automated or electronic form, of the information acquired through the use of the Website and/or services related to it;
- for statistical and market studies and research, for special offers of products and services as well as programs and promotions, prize competitions, invitations to events, to check the level of user satisfaction on products and services – also through BàP partners;
- for newsletters, or in any case, for the fulfillment of the obligations established by current legislation.
8.2 The User agrees that the activities referred to in point 8.1 of these TOS may also be carried out through messages via social networks, electronic mail and/or short text messages (SMS, MMS, etc.).
8.3 The Privacy Notice pursuant to Legislative Decree EU 2016/679, available at the following link, which is hereinafter fully reported and transcribed, illustrates the purposes and methods of processing the personal data of the User connected with the use of the services provided by the Site.
9.1 The technical-IT terms contained in these TOS must be interpreted in the ordinary sense and in the current meaning that they have in the IT environment.
10.1 Although the services offered by BàP are not normally vehicles of viruses, worms, trojans or other malware, it is not possible to exclude a priori that such malicious code can be transmitted, by means of browsing the Site, on the User’s computer. It is, therefore, the sole responsibility of the User to obtain the appropriate tools for safe browsing.
11. Limitation of Liability
11.1 BàP declines all responsibility, to the fullest extent permitted by law and with the sole exclusion of hypotheses attributable to willful misconduct or gross negligence, for any and all damages, direct or indirect, that the User suffers in consequence or in relation to access or use of the Site.
11.2 BàP is in no way responsible for any loss of data, for the dissemination of personal or sensitive data and for any other type of damage directly or indirectly suffered by the User as a consequence of malware on the Internet.
12. User Responsibility
12.1 The User undertakes to use the Site in compliance with the provisions of these TOS and, in any case, exclusively for lawful purposes.
12.2 Any violation of these TOS by the User may result in the immediate termination of the contract pursuant to and for the purposes of art. 1456 of the Italian Civil Code, as well as the blocking or cancellation of the User’s activity, and exposes the latter to all responsibilities provided by law.
13.1 Failure by BàP to exercise rights or options provided for in these TOS does not constitute compliance or waiver thereof.
14.1 If one or more clauses of the TOS are deemed null, voidable, invalid or otherwise ineffective by the competent judicial authority, in no case such nullity, annulment, invalidity or ineffectiveness will affect the remaining clauses of this document, which will remain fully valid and effective.
15. Applicable law and competent court
15.1 The interpretation and execution of this License, as well as the relations between BàP and the User arising from it, are governed by the Italian law, with the express exclusion of the application of the rules of private international law of this legal order.
15.2 Except in cases where the jurisdiction is mandatorily established by law, all disputes arising from or in any case relating to these TOS will be submitted to the exclusive jurisdiction of the Milan forum (Italy), expressly waiving the User to any exceptions with respect to this forum.
16.1 The User can send any request for clarification or different communication to the following addresses:
Book-à-Porter by Valentina Morotti
Registered office: Calle Virgen de la Fuensanta 2, 28027 Madrid
VAT registration number: 02717950188
Tel: +39 351 9716183