Warnings and Liability Disclaimer: MOTORCYCLING, SKIING, CYCLING, HORSE RIDING AND OTHER ACTION SPORTS ARE INTRINSICALLY DANGEROUS ACTIVITIES, WHICH MAY RESULT IN INJURY AND/OR DEATH. DAINESE PRODUCTS ARE DESIGNED TO OFFER COMFORT AND HIGH PERFORMANCE, AND EVEN IF SPORTS PEOPLE SHOULD WEAR APPROPRIATE PROTECTIVE CLOTHING, NO PRODUCT CAN OFFER TOTAL PROTECTION AGAINST INJURY OR DAMAGE OF ANY KIND TO PEOPLE OR TO PROPERTY IN THE EVENT OF A FALL, COLLISION, IMPACT, LOSS OF CONTROL ETC. ALL MOTORCYCLISTS, SKIERS, CYCLISTS, HORSE RIDERS AND OTHER SPORTS PEOPLE MUST BE FAMILIAR WITH THE ACTIVITY THEY ARE DOING AND AWARE OF THEIR ABILITIES AND LIMITATIONS WITH REGARD TO THE ACTIVITY AND THE EQUIPMENT THEY ARE USING. THEY MUST ALSO ACKNOWLEDGE ANY POTENTIAL RISKS INVOLVED AND DECIDE WHETHER SUCH RISKS SHOULD BE TAKEN OR NOT. DAINESE SHALL NOT BE HELD LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY WHILE ITS PRODUCTS ARE BEING WORN. DAINESE PROVIDES NO EXPLICIT OR IMPLICIT GUARANTEE REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE, NEITHER DOES IT GUARANTEE THE DEGREE OF PROTECTION THAT SUCH PRODUCTS ARE CAPABLE OF PROVIDING AGAINST PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY.
The Website: The website www.dainese.com (hereinafter referred to as the “Website”) is owned by DAINESE S.p.A. with its headquarters in Italy, in Via dell'Artigianato n. 35 – 36060 – Molvena (VI), enrolled on the Business Register of Vicenza with n. 00727080244, Tax Code and VAT no. 00727080244 (hereinafter referred to as “DAINESE”) and is managed and maintained by Fully Commerce S.r.l., with its registered office in Italy – Via Retrone, 16 – 36077 – Altavilla Vicentina (VI), VAT no. 03658410240 (hereinafter referred to as “Fully Commerce”).
Liability: The content of the Website and the functions it offers are provided “as is”. Therefore, under no circumstances shall DAINESE and/or Fully Commerce or any third party company, mentioned on the Website or on any website linked to the Website, be liable in any way towards the user or towards third parties for damages of any kind arising from the use of materials or information contained therein, or from the inability to use the Website or any other website linked to it, including any rightful warranty or implied warranty of fitness for a particular purpose or related to the interruption of commercial activities or damage to its image. The current legal provisions in Italy apply. The user must also be aware that data processing and transmission, including their content, with regard to services may involve the use of other networks and systems, and the need for DAINESE to make changes to services in order to conform or adapt them to technical specifications, to standards concerning the connection of its networks or to connected equipment and programmes. TO THIS END, THE USER ACKNOWLEDGES THAT DAINESE MAY CHANGE THE GENERAL RULES OF USE OF THE SERVICES AT ANY TIME AND AT ITS OWN SOLE DISCRETION, WITHOUT ANY OBLIGATION TO COMPENSATE.
ANYONE USING THIS WEBSITE ALSO INCURS THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED HEREIN MAY BE INCOMPLETE, INACCURATE, NOT UP-TO-DATE, OR MAY NOT MEET THEIR NEEDS AND REQUIREMENTS. DAINESE AND Fully Commerce SPECIFICALLY DISCLAIM ANY LIABILITY CONNECTED WITH ANY EXPLICIT OR IMPLICIT GUARANTEE, INCLUDING – BUT NOT LIMITED TO – A GUARANTEE OF MARKETABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE IN RELATION TO THIS WEBSITE AND THE PRODUCTS, INFORMATION, GRAPHICS AND MATERIALS CONTAINED THEREIN. DAINESE and Fully Commerce disclaim any liability for any damage resulting from the inaccessibility of the services on the Website or for any damage caused by viruses, corrupted files, errors, omissions, interruptions to the service, deletion of contents, problems with the network, providers or telephone and/or telecom connections, unauthorised access, alteration of data, failure and/or malfunction of electronic equipment of the user. The individual user remains responsible for the custody and correct use of his/her personal information, including the credentials that enable access to reserved services, and for any damage or prejudice that might affect DAINESE and Fully Commerce or third party companies as a result of the incorrect use, loss or theft of this information. IN GENERAL, DAINESE and Fully Commerce SHALL IN NO WAY BE HELD LIABLE FOR ANY KIND OF DAMAGE, INCLUDING - BUT NOT LIMITED TO - SPECIFIC, INDIRECT, OCCASIONAL OR REMOTE DAMAGE, EVEN IF DAINESE OR Fully Commerce MAY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.
Trademarks and Domain Names: All other distinguishing features of the products sold on the Website are the registered trademarks of their respective owners and are used on the Website for the sole purpose of distinguishing, describing and advertising the products for sale on the Website. DAINESE and all other owners of registered trademarks have the right to the exclusive use of the trademarks of the respective owners. Any unauthorised or unlawful use of these trademarks is prohibited and shall entail serious legal consequences. In no way is it permitted to use these trademarks or any other distinguishing feature contained on the Website, take unfair advantage of the distinctive character or the reputation of these trademarks, or cause damage to them and their owners.
Database Protection: The structure of the Website contains a complex of databases, which, with its selection and layout of materials, represents a creation covered by the intellectual property rights of DAINESE, Fully Commerce or any third-party company that has granted permission to DAINESE and Fully Commerce. Therefore, the structure of the Website is protected under Law no. 633 of 22/04/1941 on “COPYRIGHT”.
User Communication: It is prohibited to transmit to the Website any illegal, threatening, defamatory, obscene or pornographic material or any other material that violates any applicable law, or to deposit such material on the Website or in any database that can be accessed from it.
Log Files: Like other companies operating online, DAINESE and Fully Commerce collect and analyse certain technical information coming from the user’s computer every time a page of the Website is visited. Such information includes the type of browser used, the country of origin, the provider of origin, the address of the last web page visited, as well as other technical information. DAINESE and Fully Commerce process or may appoint third parties to process and analyse such data in order to monitor the type of traffic, in particular to guarantee the technical security of the Website and carry out statistical analysis of the characteristics and collective behaviour of visitors, using such information anonymously in aggregate form to improve the quality, content and functions of the Website, without selling or disclosing this information to third parties for a fee. A list of the parties to whom DAINESE and Fully Commerce may eventually communicate such data for these purposes can be requested from DAINESE’s registered office.
Links: The creation of links to the Website is permitted subject to the following conditions: although a link can be established to the Website following authorisation by DAINESE, in each case, the material contained therein cannot be copied for commercial purposes. No browser frameworks or panels may be created around the content of the Website (framing). Linking, only permitted when authorised by DAINESE, does not directly or indirectly imply the existence of any form of authorisation or approval by DAINESE with regard to products or services provided by third party companies. No relationship of any kind with Dainese must be expressed or implied. No false information must be presented concerning DAINESE products and services. The use of the DAINESE logo and registered trademarks is prohibited without the express authorisation of DAINESE. The link must not contain or lead to any material that might be considered in bad taste, offensive or controversial. It must be made suitable for viewing by users of all ages. Linking must always be performed exclusively to the Home Page of the Website, and prior written authorisation from DAINESE is required for links to other pages of the Website. The origin of the link must not be made using the DAINESE name, logo or any other distinguishing feature unless expressly authorised and governed by a special licence agreement with DAINESE.
Links to Other Websites: Any links to the websites of third party companies on the Website are provided solely for user convenience. Connection to such links implies leaving the Website. DAINESE and Fully Commerce have not checked the websites of linked third party companies, do not check them, and are not responsible for them or their content. Therefore, DAINESE and Fully Commerce disclaim all liability for these websites, for any information, software, function, product or material contained therein, and for any outcome that may ensue from their use thereof. Whenever a user decides to access any website belonging to third party companies linked to the Website, it therefore remains understood that it shall be done under the user’s sole responsibility and at the user’s own risk.
Website Security: The user is prohibited from violating or trying to violate the security functions of the Website, for example, by (1) accessing data not intended for the user or by logging into servers or accounts that the user is not authorised to access; (2) attempting to probe, examine or test the vulnerability of the system or a network or violating the security or authentication procedures, unless expressly authorised to do so by DAINESE and/or by Fully Commerce; (3) attempting to interfere with the service offered to users, host computers or networks, for example, by spreading viruses on the Website, overloading the system, transmitting large amounts of data, etc. By using the Website, the user accepts, under this agreement, to refrain from using any device, software, tool, agent or other mechanism (including browsers, spiders, robots, avatars or artificial intelligent agents) other than the search engines and other means available on the Website and the web browsers normally used (e.g. Microsoft Explorer, Opera, Google Chrome, Mozilla Firefox, Safari) to visit or interact with the Website.