TÉRMINOS Y CONDICIONES GENERALES DE USO

INTRODUCTION

These General Terms of Use (the “Terms”) shown in this webpage refer to and regulate the proper access to and use of the site www.bruniglass.com (the “Website”). The Website is managed by Berlin Packaging Italy S.p.A., a company with registered office in MILAN, 12/14 Viale Colombo – 20090 Trezzano S/N (MI), P.IVA  IT01746490158, listed in the CCIA Milan 871369, subject to the direction and coordination of Berlin packaging LLC email address: info.it@berlinpackaging.com.

The access to/and the use of the Website imply the knowledge and acceptance of these Conditions; therefore by accessing and using the Website, you accept these Conditions. Thus, it is important to read carefully the said Conditions before proceeding to use the Website, as well as the Privacy Policy.

Please note, moreover, that this Website is not an e-commerce platform and, therefore, it does not carry out trading activities online.
Whenever you are a company interested in buying products offered on the Website, you are kindly requested to get in touch with the appointed employees of Berlin Packaging Italy S.p.A. at the following phone number: +39 0248 4361 or at the email address privacy.it@berlinpackaging.it, alternatively you can send us a request for information via the form at the following link:  www.bruniglass.com 

These Conditions are available in Italian and English. In the case of inconsistencies or differences of interpretation between the various versions, the Italian version prevails.

If you do not agree, entirely or partly, with the website’s conditions, you are kindly requested not to enter and use the Website. 

Berlin Packaging Italy S.p.A. has the right to make one sidedly changes and at its own discretion, according to the law in force, to these Conditions, with immediate effect on the access and on the uses carried out after the above said changes; you are kindly requested to verify these Conditions regularly, at every access and before any further use of the Website. 

Any possible changes are immediately disclosed by a dedicated banner that will be included with adequate exposure on the homepage of the Website.

The access to and the use of the Website are regulated by the Italian law in force and, specifically, by the Privacy policy that we kindly ask you to look up at the following link: https://www.berlinpackaging.it/privacy-policy . 

Lastly, under no circumstances, the provisions of these Conditions or the changes to the latter will in any way affect your imperative rights.2

 

1. THE WEBSITE’S RELEASE POLICY

1.1 The Website is for personal use only; therefore, any use for trade purposes or that is not completely unrelated – broadly speaking as well- to any kind of trade, business or professional purpose, by you or third parties who are not Berlin Packaging Italy S.p.A., is excluded. 

1.2 In all cases, you are specifically forbidden to perform scraping or mopping of prices either manually or through web-spider, robot or other web-technologies of web crawling.

1.3 These Conditions only regulate the access to and the use of the Website, but they do not regulate the access to or the use of websites of third parties that may be accessible on the Website via link, banner or other hyperlink. We suggest that, before accessing to/and using the sites of parties other than Berlin Packaging Italy S.p.A., you should verify their use conditions and their privacy policy, because Berlin Packaging Italy S.p.A. isn’t and can’t be held responsible for any given information, for any posted information, for any performed activity and for the conditions of use or privacy policies of by third parties other than Berlin Packaging Italy S.p.A. itself.

1.4 Whenever you do not agree, entirely or partially, with the present Conditions or you intend to perform via the Website a behaviour not compliant to or with purposes non-compatible with its RELEASE POLICY, as under Section 1, you are kindly requested to not access to and use the Website. 

1.5 Berlin Packaging Italy S.p.A., in accordance to the applicable provisions, reserves the right to one-sidedly and at its own discretion, deny the access to the Website and to suspend or cancel your subscription to this link: https://www.bruniglass.com/en_GB/newsletter/ at all times, whenever you may breach any of the provisions of these Conditions, give untruthful, inaccurate or incomplete information when subscribing or whenever Berlin Packaging Italy S.p.A. suspects at its own discretion, that there may be  reasons to think that you have performed behaviours or actions not-compliant to the law in force.

1.6 However, in the case of actions not compliant to the law in force, you will be the ones and only to be held responsible for the mishandling of the Website and of its content. In particular, you will be the ones and only to be held responsible for any possible disclosure of information and data that is wrong, false or related to third parties who never gave consent, as well as for the inappropriate use of the above said information and data.

 

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Every content of the website, such as – for instance – texts, data collection, drawings, brands, logos, buttons, thumbnails, images, as well as any other material, in any format, posted on the Website including the menu, webpages, graphics, colours, patterns, tools, font and the Website’s design itself, diagrams, layout, methods, processes, functions, source codes and software included in the website, are owned by Berlin Packaging Italy S.p.A. or, either way, the Company has been granted the authorisation to use it and two show it to third parties, by the owners, or – still – it concerns contents freely accessible and usable all along, nevertheless, notwithstanding the ownership of the moral rights by  the relevant authors;  use of the material above mentioned, whenever it was not freely accessible and usable all along  and – in any case – notwithstanding the ownership of the more rights of the relevant authors, it is regulated by the law in force for the protection of industrial and intellectual property. 

2.2 Every use, for any purpose, of what is in the website, in the case it was not freely accessible and usable all along and - in any case – notwithstanding the ownership of the moral rights of the relevant owners, it is forbidden, whenever not expressly authorised by or it isn’t consistent with these Conditions. 

2.3 The only uses expressly authorised by these Conditions are those of viewing the Website and its content according to the same Conditions and that of performing - always accordingly to the Conditions - temporary reproduction, lacking in economic importance, that is considered transitory or accessory to and an important part of viewing the Website and its contents. 

2.4 Whenever you intend to disclose or anyhow use part of the Website’s content, you should submit a specific request by writing at info.it@berlinpackaging.com, otherwise the concerned material cannot be utilised for any purpose not expressly authorised or not compliant to these Conditions. When authorising the use, Berlin Packaging Italy S.p.A. may however establish at your expense specific limitations, as well as enforce you to use a dedicated disclaimer that points out the real owner of the rights on the content.

2.5 As once said, the authors of the Website’s contents keep always and either way the ownership of the moral rights on their own work, which means they have, in any moment, the right to claim their authorship upon it and to object to any deformation, mutilation or other edits, included any activity able to damage the work or to cause prejudice to the owner or his reputation. The access to and the use of the Website shows your acceptance of these Conditions, through which you furthermore commit to respect the moral rights of those that have allowed to post their work on the website, or that have collaborated with the Website in the creation of new expressive and artistic means destined to be posted, not only exclusively, on the Website, or, furthermore, they are part of it. 

3. TRADEMARKS, DESIGNS AND DOMAIN NAMES

3.1 All distinguishing marks that distinguish the products and services of Berlin Packaging Italy S.p.A., as well as the models present on the Website, are registered and/or, of fact, owned by Berlin Packaging Italy S.p.A. or for which the company was granted an authorisation to use them and disclose them by the legitimate owners, in any case notwithstanding the ownership of the moral rights of the authors. 

3.2 Berlin Packaging Italy S.p.A. and - if not granted to the company exclusively – all the other owners of the above said distinguishing marks, are the only ones that have the authority to use the marks and models they own. Any other use not authorised by them, it is forbidden and will result in legal actions, as it is not pursuant to the law. In no way it is allowed to use the distinguishing marks and all the models on the Website to unlawfully gain advantage from the distinctive character and prestige of the said distinguishing marks or to create models counterfeiting the models registered by Berlin Packaging Italy S.p.A. and/or in any other way capable to cause prejudice to the registered models and their legitimate owners. 


4. LINKS TO OTHER WEBSITES

4.1 The Website could show links to other websites that do not have a connection with the Website and with Berlin Packaging Italy S.p.A. and on which Berlin Packaging Italy S.p.A. has no control, nor it issues monitoring activities on their contents.

4.2 Berlin Packaging Italy S.p.A. will try to make it as clear as possible when you are leaving the web pages of the Website, via these links, for other websites, but it cannot be held responsible of the contents of the said sites and of the rules these implement, also regarding your privacy and the processing of your personal data while browsing. You are kindly requested to pay attention if you connect to these web pages via the links shown on the Website and to read carefully the general conditions of use and the privacy policy of the websites of which the pages are a part. 

4.3 The present conditions and the privacy policy of the Website,as a matter of fact, don nor apply to third parties’ websites, nor Berlin Packaging Italy S.p.A. is, or can be held, in any way responsible for their contents, or services and products they offer, nor this is, or can be considered, display of any recommendation or indication of these by Berlin Packaging Italy S.p.A.. 

5. LINKS TO THE WEBSITE

5.1Whenever you intend to activate links or either way direct shortcuts to the home page and to other web pages of the Website, accessible by the public, you will have to submit a specific request by writing to info.it@berlinpackaging.com, otherwise these links or shortcuts cannot be activated.

5.2 By authorising the activation of the links and of the shortcuts in 5.1, Berlin Packaging Italy S.p.A. may nevertheless decide at your expense specific limitations, as well as enforce the use of a specific disclaimer, that should point out that the provision to activate said link in the webpages of your websites is not, or cannot be considered, display of any recommendation or indication of these by Berlin Packaging Italy S.p.A., nor suggest a membership of said websites or of the people, organisations, movements or activities they represent to the company itself or any kind of approval of the principles, of the goals or of their actions by Berlin Packaging Italy S.p.A.; in any case, said disclaimer will necessarily have to show what is specified in 5.1.

5.3 As a result of the request mentioned in 5.1, the authorisation to activate said links and shortcuts will be, if applicable, granted for free and not exclusively and it will be revocable in any moment by Berlin Packaging Italy S.p.A. one-sidedly and at its own discretion.

5.4 Nevertheless, you are forbidden to activate deep Hyperlinks (such as toggles, hypertext links, deep playing, deep frame or any other frame created around the website), As well as the unauthorised use of meta-tags.

6. CONTENT WARNING

6.1 Berlin Packaging Italy S.p.A. has taken every precaution to avoid that in the Website there may be content that describes or represents scenes or situations of physical or psychological violence or such that, according to your sensitivity, may be considered harmful to civil beliefs, or human rights and of people's dignity, in all its shapes and expressions. Nevertheless, Berlin Packaging Italy S.p.A. does not guarantee that the contents of the Website are appropriate or lawful outside of Italy. Whenever such content is considered inappropriate, unlawful or illegal in the country where you are based or from where you access to or use the Website, you are kindly requested to avoid accessing the Website itself, and whenever you choose to access it anyway, the use you will make of the Website will be your exclusive and personal liability.

6.2 Berlin Packaging Italy S.p.A. has also taken every useful precaution in order to ensure that the content of the Website is accurate and does not contain wrong or outdated information, with regard to its release date on the Website and - to the extent, it is possible –thereafter as well. However, Berlin Packaging Italy S.p.A. does not take any kind of responsibility towards you, regarding how accurate and complete the released content on the Website is, except its own responsibility for intent and gross negligence and unless otherwise provided by law.

6.3 In particular, the images and the colours of the products of Bruni Gass S.p.A. may not correspond to the real ones because of the Internet browser and of the monitor in use. Moreover, some objects on the Website may appear slightly bigger or smaller than in reality because the images have been resized in order to adapt them to the screen or because of the photographic techniques employed. In the case of resized images, the products or parts of them show as bigger than in reality  in order to show clearly the details, or smaller in order to fully show them.

6.4 Despite Berlin Packaging Italy S.p.A. has tried everything to guarantee a continuous access to its Website, Internet's dynamic nature and its contents may not allow the Website to work without suspensions, interruptions or interferences due to the need to update the web pages. On this matter, Berlin Packaging Italy S.p.A. declines any responsibility for any possible damage due to the fact the Website is not accessible due to suspensions for maintenance or other interruptions of the service due to the need of assistance or updating. 

6.5 Moreover, Berlin Packaging Italy S.p.A. cannot guarantee that the Website will work continuously, without interruptions and without errors or failures due to the Internet connection. This, in particular, regarding the regularity of the data transmission via cable and wireless, as well as the functionality of the server that hosts the pages of www.BruniGlass.com. In this respect, the company will not be, nor can be considered liable for any malfunctioning or default of the technology used to do and release the Website’s pages.

6.6 Besides Berlin Packaging Italy S.p.A. does not guarantee that the Website is compatible with every and any hardware and software that you may use. 

6.7 For any problem concerning the access to and the use of the Website, you are kindly requested to write at the following email address info.it@berlinpackaging.com. At the same time, you are kindly requested to get in touch with your Internet service supplier and to check if your Internet connection device and the access to the contents of the Website is correctly activated, including your Internet browser.

6.8 Moreover Berlin Packaging Italy S.p.A. has implemented adequate technical and organisational measures to safeguard the safety of the Website’s information, as well as the integrity of the data relative to transactions and to electronic communications, and regarding types of exploitation or awareness not allowed, as well as to avoid the risk of scattering, destroying and losing confidential and not confidential data and information, concerning you, shown on the Website, as well as non-authorised or unlawful access to such data and information. However, the company does not take any responsibility towards you for possible damage caused by unauthorised access and data alteration by third parties that breach the Website’s IT system, except its own responsibility for intent and gross negligence otherwise provided by law.

6.9 Lastly, because you will download or otherwise gain all material at disposal on the Website, by the use of services of your choice and at your own risk, every responsibility for possible damage to computer systems – in particular, but not limited to, those caused by computer viruses -, damaged files or the loss of data resulting from downloading operations, falls back entirely on to you and cannot be ascribed to Berlin Packaging Italy S.p.A.. Therefore, you are kindly requested to take all suitable safety measures before downloading information or contents from the Website.

7. SUPPORT 

7.1 You may request any further information on these Conditions to the support service of Berlin Packaging Italy S.p.A., by getting in touch with the appointed employees and the following email address: info.it@berlinpackaging.com

8. APPLICABLE LAW AND DISPUTE RESOLUTION 

8.1 The access to and the use of the Website are regulated by the Italian law in force. The protection of personal data’s privacy is guaranteed in compliance with current legislation and in particular by D.LGS n.196/2003 (Codice Privacy - Privacy Act) and by the EU Regulation 679/2016 (GDPR), that disciplines the processing of your personal data, and in compliance with and the EU Directive 2002/58/CE, as updated by the Directive 2009/136/CE regarding cookies, as well as in compliance with provision 10th of June 2021, n.231 titled “ Cookie guidelines and other tracing tools” ( web.doc.n. 967 7876), issued on the Gazzetta Officiale (Official Journal)  n.163 of the 9th of June 2021. 

8.2 If you aren’t based in Italy or you access to and utilise the Website outside of Italy, please note that there may be specific laws in the country you are based in and or from which you access to and utilise the Website, relatively to the material that you can look up online in the country itself, or that discipline the navigation mode or  the need to get certain licenses and authorisations by the competent authority in order to release certain content, look up said content or carry out specific activities via the IT networks. Berlin Packaging Italy S.p.A. does not have the chance to verify the laws and regulations of each of the countries where you are based in or  from which you access to and utilise the Website, therefore you are the only liable to verify the laws and regulations each time applicable and the compliance of your actions to said laws and regulations.

8.3 In the case of disputes stemming from these Conditions and their enforcement, the exclusive place of jurisdiction where they shall be handled is Milan. 

9. AMENDMENTS AND UPDATING

9.1 Berlin Packaging Italy S.p.A. reserves the right to one-sidedly and at its own discretion, accordingly to the law in force, make changes to the present conditions, with immediate effect on the access and on the uses carried out after the above said changes; therefore you are kindly requested to verify these Conditions regularly, at every access and before any further use of the Website.
Any potential changes will be simultaneously disclosed by a dedicated banner that will be included with adequate exposure on the homepage of the Website.

9.2 We suggest you print a copy of the present General Conditions of Use for future needs.

9.3 Lastly, under no circumstances, the provisions of these conditions or the changes to the latter will nevertheless affect your imperative right