CONDITIONS OF USE
GENERAL CONDITIONS OF USE OF THE WEBSITE MASSIMO DUTTI
The terms and conditions set forth hereunder (hereinafter referred to as the “General
Conditions” or “Conditions”) shall govern the access to and use of each and every web
page to be found under the domain www.massimodutti.com, and its respective subdomains and sub-directories, regardless of the digital means, mediums or devices
through wich the web page can be accessed (hereinafter referred to as the “Web Site”).
The Web Site is run by ITX Fashion Limited, Irish company with registered address at
5th floor, Hainault House 69-71 St. Stephen Green, Dublin 2, Ireland, holder of Tax
Identification Number IE 9652046 Q, registered with the Companies Registry of Ireland
under number 432265 (hereinafter referred to as MASSIMO DUTTI).
MASSIMO DUTTI is a company that belongs to the group of companies of Industria de
Diseño Textil, S.A. (INDITEX, S.A.), a company with registered address at Arteixo (A
Coruña), Avenida de la Diputación, Edificio Inditex, and registered in the Register of
Companies of the province of A Coruña in Volume 964 of the records, General Section,
Sheet 17, Page no. C-3.342, and with tax identification no. A-15075062.
Access to the Web Site and use of its content and services implies full and unreserved
adherence to the Conditions in force and published on the Web Site at the time the user
accesses the same.
The latest version of the General Conditions may be consulted whenever so desired at
the Web Site. If a user decides not to accept the General Conditions in force, he or she
must abstain from accessing the Web Site and/or from using the content and/or services
available therein.
1. PURPOSE OF THE GENERAL CONDITIONS
1.1 The purpose of the General Conditions set forth herein is that of governing access to
and utilisation of the Web Site. For the purposes of the General Conditions set forth
herein, Web Site shall be understood to mean: (a) the external appearance (or “look and
feel”) of the screen interfaces, both static and dynamic (that is to say, the navigation
tree) amd (b) the elements composing both the screen interfaces and the navigation tree,
including all and any creations and objects expressed through any medium or support,
either currently known or which may be invented in the future, whether or not these be
protected by the legal code in force for intellectual property or industrial issues or any
other analogous legal systems (hereinafter referred to as the “Content”) and all those
services and resources on line which, if this be the case, are offered to users (hereinafter
referred to as the “Services”).
1.2 Massimo Dutti reserves the right to modify, at any time and without prior notice, the
presentation and configuration of the Web Site and its Content and Services contained
therein. The user acknowledges and accepts that Massimo Dutti may, at any time,
discontinue, de-activate and/or cancel any of the Services and/or Content making up the
Web Site.
1.3 When using this Web Site, you will be subject to the Privacy Policy and Cookies
Policy in force from time to time, which you should review in order to check that you
agree with them.
2. ADDITIONAL TERMS
2.1 Access to and use of certain components of the Content and Services may be subject
to certain conditions, legal warnings, directives and regulations for use of its own,
which, once these have been made available to the user and according to each case,
shall substitute, complete and/or modify the General Conditions set forth herein
(hereinafter referred to as the “Special Conditions”). Access to and use of such Content
and/or Services shall, therefore, imply full compliance with the additional terms
outlined in the version published at the time the user accesses them, such Special
Conditions thence being automatically incorporated within these Conditions.
2.2 Should any contradiction arise between the terms and conditions set forth in the
General Conditions and the Special Conditions, the terms agreed upon in the latter
instrument in respect of any incompatible terms and solely in respect of the Content
and/or Services subject to such regulation shall always prevail.
3. ACCESS TO CONTENT AND SERVICES
3.1 For the correct use, visualisation and implementation of certain Content and
Services of the Web Site, the user may need to download in his or her computer
equipment certain computer programmes or other logical elements. The installation cost
of these shall be borne by the user, and Massimo Dutti declines any kind of liability
which may derive from same.
3.2 The user undertakes to abstain from accessing the Content and/or Services of the
Web Site by any means other than that of the screen interface provided by Massimo
Dutti for such purpose.
4. REGISTRATION
4.1 In order to access certain Content or Services, Name of the brand may require that a
registration form be filled in and sent. In this case, the user must provide the
information requested and follow the registration process established to access the
Contents and/or Services. In these cases, the user will be informed about the applicable
Privacy Policy.
In respect of the registration process, the user undertakes to: (i) facilitate true, exact and
complete details of his or her identity, and (ii) update these registration details in such
manner that they remain true, exact and complete.
A user may not select as user name or password any word and/or expression which, in
general, may contravene the law or normal moral demands and generally accepted good
conduct, nor, in general, any word and/or expression upon which any right is held
excluding utilization by the user of same.
Should the user breach the provisions established in this clause, Massimo Dutti shall be
entitled to cancel such registration and deny access and use, in the present or in the
future, to the Web Site or to any of the Content or Services incorporated therein.
4.2 The user undertakes to make diligent use of his or her user name and password, as
well as to maintain such words in confidentiality. User agrees to be entirely responsible
for any and all activities that may take place through the use of such user names and
password.
4.3 The user may cancel and de-activate his or her registration at any time, using his or
her user name and password. The user hereby acknowledges and accepts that Massimo
Dutti reserves the right to cancel any registration de-activated for an unreasonable
length of time.
5. REGULATIONS FOR USE OF THE WEB SITE
5.1 The user hereby undertakes to use the Web Site and the Content and/or Services
incorporated therein in a diligent and correct manner in accordance to applicable law,
ethics, generally accepted good conduct or established public order an in any case,
solely for the purposes fro which the Web Site is available. Massimo Dutti hereby
declines any liability which could derive from the foregoing.
5.2 The user acknowledges and accepts that he or she shall make use of the Web Site
and the Content and/or Services incorporated therein for strictly personal, private and
particular purposes.
6. WEB SITE CONTENT AND SERVICES
6.1 Commercial Information
The user is aware and accepts that the purpose of the Web Site Contents is mainly that
of promoting and advertising Massimo Dutti chain of shops, the products which are
marketed in said stores and all brands under which Massimo Dutti products are
commercialised. All product descriptions, informations and materials provided on the
Web Site, are provided on “as is” basis and without any express or implied warranty.
Massimo Dutti informs, expressly that the products that can be seen on the Web Site
may not be available in the Massimo Dutti stores. The sale of goods is in any event
conditional on the availability of stocks at each point of sale. Massimo Dutti reserves, in
any case, the power to withdraw from the market at any time and without notice, any of
the products reported on the Web Site.
Bear in mind that the prices that may appear alongside the products may vary depending
on the country in which the point of sale is located. Each of the sales of products will be
subject to tax in accordance with the law in force, present or future, in the country
where they are located. Although unlikely, it is possible that the Web Site contains
inadvertent typographical errors which may affect the description of the product and its
price. For this reason, we urge that before buying the product on the spot check the
product and the price offered, since thay will apply.
6.2 Corporate information
The user is aware of and accepts that any detail of an economic-financial-strategic
nature with regard to Massimo Dutti or the companies in the group provided on the Web
Site (hereinafter “Corporate information”) appears for merely informative purposes.
Therefore, Massimo Dutti does not does not state or guarantee that Corporate
Information is exact, complete or up-to-date, and it should not be trusted as such.
6.3 Information provided by third parties
6.3.1 The Web Site may include information or content facilitated by other sources
other than Massimo Dutti. Massimo Dutti neither guarantees nor assumes any liability
whatsoever for the certainty, integrity or accuracy of such information and/or contents.
6.3.2 In all events, and without prejudice to the foregoing, remittal by third parties of
information and/or contents of the publicly accessible sections of this Web Site through
any means shall imply the granting in favour of Massimo Dutti of a non-exclusive
licence, with no time limit, worldwide and at no cost, to reproduce, store, edit, modify,
publish, incorporate in data bases, publicly notify, transmit, visualise, display,
distribute, represent or in any other manner commercially exploit, in whole or in part,
such information or contents owned by the user on the Web Site, in any form or by any
other means or technology. Name of the brand reserves the right, at its own sole
discretion, to edit, reject or eliminate the aforementioned information and/or contents.
7. EXTERNAL CONTENTS AND SERVICES
7.1. The Web Site may make avilable to users technical mechanisms for links,
directories and search engines, which allow them to access web pages belonging to or
managed by third parties.
7.2 The installation of such links, directories or search engines on the Web Site has the
sole purpose of facilitating the users searches for and access to the information, the
content and the services available on the Internet.
7.3 The establishment of a link does not necessarily imply the existence of a
relationship between Massimo Dutti and the owner of the web page with which the link
is established, or acceptance and approval by Massimo Dutti of its content or services.
7.4 Unless expressly otherwise stated, Massimo Dutti does not commercialise by itself
or through any third party the information, content and/ or services available on the
pages to which it provides a link, and it does not control, approve or oversee them or
make them its own.
7.5 As Massimo Dutti has no control whatsoever over websites linked using links
incorporated on the Web Site, the user acknowledges and accepts that Massimo Dutti
shall not be held responsible for either the contents or the services to which the users
may have access on said pages, or for any products commercialised thereupon.
8. GUARANTEES AND LIABILITY
8.1 Unless law expressly provides otherwise, or unless expressly otherwise stated, the
user hereby expressly acknowledges and accepts that Massimo Dutti grants no
guarantee of any nature, be it express or implicit, with regard to the Web Site or the
Content and Services incorporated therein.
8.2 The user is aware of, and voluntarily accepts, that use of the Web Site, the Services
and the Contents takes place, in all events, at his or her own risk, for which reason he or
she shall adopt all measures necessary for the purposes of minimising risks, including
any security measures which may be necessary to guarantee anti-virus and data recovery
procedures. Thus, unless law expressly dictates otherwise and exclusively insofar as this
is imposed, Name of the brand neither guarantees nor assumes any responsibility
whatsoever in respect of access to and use of the Web Site and its Contents and/or the
Services incorporated therein.
9. FORCE MAJEURE
Massimo Dutti shall not be liable either for delays or faults that occur in access to,
functioning and operation of the Web Site, its Contents and/or Services, or for any
interruption, suspension or malfunction thereof, whenever this is caused by breakdown
due to force majeure or fortuitous.
10. INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHERS
10.1 Applicabke Legislation
This Web Site, and the Contents, Services and elements incorporated therein, are the
property or under the control of Name of the brand, and are protected, without
limitation, by the intellectual property and industrial laws of the Kingdom of Spain, and
by any applicable international Treaties and Conventions.
10.2 Massimo Dutti property
Massimo Dutti is duly authorized to use all the intellectual property and industrial
property rights and any other analogous right applicable to the Web Site. Likewise,
Name of the brand or any of the companies in the Inditex group reserves the rights over
any Contents, Services or elements it owns that are incorporated in the Website,
hereinafter the “Property”.
10.3 Property of Third Parties
The user acknowledges and accepts that content and services owned by third parties,
whose rights are protected by the applicable legislation in matters concerning
intellectual and industrial property rights, rights to exploit the commercial and publicity
value of image and other analogous rights, according to each case, are accessible on the
Web Site.
10.4. Rights Reserved
The user undertakes to abstain from withdrawing, removing, manipulating or in any
other manner modifying: (a) the notes, legends, indications or symbols which either
Massimi Dutti or the legitimate owners of the rights may incorporate in their properties
in matters concerning intellectual or industrial property (such as, for example,
copyright, ©, ®, and ™, etc.), (b) the technical data protection or identification systems
which may be contained in the Content (such as, for example, water marks, finger
prints, etc.).
11. PROPERTY LICENCES
11.1 The user acknowledges that, pursuant to these Conditions, Massimo Dutti neither
grants nor transfers to the user any rights whatsoever in regarding its Property, or the
property of any third party. Massimo Dutti solely authorises the user to access and use
same, in accordance with the terms indicated in these Conditions.
11.2 Massimo Dutti hereby authorises all users to access and navigate the Web Site,
using the Services and visualising the Content incorporated therein.
11.3 Users are not authorised to copy, distribute, transmit, communicate, modify, alter,
transform, transfer or in any other manner carry out activities entailing the commercial
use of the Web Site, its pages, Content or its integrated elements, be this partially or
totally, without the express written consent of the legitimate owner of the exploitation
rights.
Whenever Massimo Dutti so expressly authorises in writing, the user may download
one sole copy of the Content. At all events, the licence for use recognised in this section
may in no case whatsoever be assigned or transferred to third parties.
11.4 Access, viewing and, if this be the case, downloading of the Contents and/or
Services shall in each and every case be carried out for strictly personal, and not
commercial, purposes.
11.5 Massimo Dutti reserves all rights over the Property, including, but not limited to,
all intellectual and industrial property rights it holds over the same. Massimo Dutti
grants no licence or authorisation of use whatsoever to the user in respect of its Property
other than that expressly detailed in this clause.
12. LINK LICENCE
Users and, in general, those persons who intend to establish a link between their web
page and the Web Site, must comply with the conditions listed below. Any intention to
establish a link in any way other than that stipulated in this clause shall require prior
written acceptance from Massimo Dutti. (a) The link shall only allow direct access to
the Web Site’s homepage (www.name.com) (b) The user may not reproduce, or totally
or partially imitate, the content of the Web Site or its look and feel, and may not
establish frames or inline links to Massimo Dutti pages. (c) No browser, frame or
navigation bar or environment may be created on the Website pages. (d) No false,
inexact, incorrect or denigrating statement may be made about the Massimo Dutti Web
Site or any Name of the brand Properties and, in particular, it shall neither be stated nor
given to be understood that Massimo Dutti collaborates with or is a collaborating
partner of, or has in any other manner supervised or assumed in any way, the contents
or services offered or placed at the disposal of the web page upon which the link is
established. (e) The web page upon which the link is established shall not contain any
trade mark, commercial name, establishment sign, denomination, logo, slogan or other
distinguishing sign that belongs to Name of the brand, other than those signs forming
part of the same link or those other Properties for which a license has previously been
granted by Massimo Dutti. (f) The web page upon which the link is established shall not
contain any information or contents which may be illegal, contrary to morals, to
generally accepted good conduct and to public order, nor shall it contain any content or
services contrary to any third-party rights
13. TERMINATION OF LICENCES
Massimo Dutti reserves the right to terminate or modify at any time and for any reason
the licences granted by virtue of these General Conditions.
14. TERM AND MODIFICATION
Conditions in force from time to time, which will govern the relationship between users
and Massimo Dutti derived from the use of the Web Site.
Massimo Dutti reserves the right to modify the General Conditions at any time and
without prior warning.
15. ASSIGNMENT
15.1 The user may not assign, transfer, encumber or subrogate in favour of third parties,
the rights and obligations set forth in these Conditions or, if this be the case, in the
Particular Conditions.
15.2 Massimo Dutti may assign, transfer, encumber or subrogate in favour of third
parties, totally or partially, the rights and obligations derived from these Conditions and,
if this be the case, from the Particular Conditions, it being understood hereby that the
user grants sufficient authorisation to this effect.
16. GOVERNING LAW AND JURISDICTION
16.1 All and any matters which may derive from access to and/or utilisation of the Web
Site shall be understood to be governed and construed in accordance with Spanish
legislation.
16.2 Should the user have his or her domicile outside of Spain, Massimo Dutti and the
user shall non exclusively submit to the competent courts and tribunals of the kingdom
of Spain.
17. NOTICES
Unless otherwise indicated, all notices, summons, agreements, consents, acceptances,
approvals or notifications which may be necessary pursuant to the provisions contained
in the Conditions or which, in one way or another, are related to the same, must be in
writing and sent to Massimo Dutti by mail, to the registered offices of the company.
18. FURTHER INFORMATION
For any additional information, suggestion or proposal, please contact:
contact@massimodutti.com