Terms and Conditions of merchandising.degg.co.uk/
These Terms govern
the use of this Application and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.
The entity responsible for this Application is:
degg srl, Viale F. Caltagirone 265, Rome (RM) Italy
Owner's email address: ettore.deliberato@degg.it
Need to know at a glance
Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.
CONDITIONS OF USE

Unless otherwise specified, the conditions of use of this Application set out in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Application the User declares that he/she meets the following requirements:
There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
Content on this Application
Unless otherwise stated or clearly recognisable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the rights and claims that may be legally exercised, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this Application
The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents.

Users are not authorised to use the contents in any way that is not necessary or implicit for the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources

Through this Application the Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted use
This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to adopt all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing
violations of law, regulations and/or the Terms

infringement of the rights of third parties
acts that may considerably prejudice the legitimate interests of the Controller;
offences against the Controller or a third party.
Limitation of liability and indemnity
Australian users
Limitation of liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at our option, to the re-provision of the services or payment of the cost of re-provision of the services.
US Users
Disclaimer of Warranty

The Owner provides this Application ‘as is’ and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such download or use of the Service by you.

The Owner does not warrant, endorse, guarantee or assume responsibility for any products or services advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.
Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for
any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your account or the information contained therein
any errors, omissions or inaccuracies in the content;
personal injury or property damage of any kind resulting from your access to or use of the Service
any unauthorised access to the Owner's security servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service
any bugs, viruses, trojans or the like that may be transmitted to or through the Service
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or

the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or for the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
Indemnification

The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you
your violation of these Terms, including, without limitation, any breach by you of any representation or warranty made in these Terms
your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
any violation by the User of any applicable law, rule or regulation
any content posted by the User's account, including, but not limited to, misleading, false or inaccurate information, and including if the User's personal username and password or other security measures, if any, are accessed by a third party
the wilful misconduct of the User; or

violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers and employees, to the extent permitted by applicable law
Common Provisions
No implied waiver
The Owner's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or claim.
Interruption of the Service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law.
In addition, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate reseller programme.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Application.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.
All trademarks - whether word or figurative - and any other distinctive sign, firm, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes to the Terms

The Owner reserves the right to amend the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of the rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact

All communications relating to the use of this Application should be sent to the addresses indicated in this document.
Severability clause
If any provision of these Terms should be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision shall not affect the validity of the remaining provisions, which shall remain valid and enforceable.
US Users
Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.
European Users

Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to find amicably a valid and effective provision to replace the void, invalid or ineffective provision.
In the event of failure to agree within the above time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unacceptable and excessive burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if You act as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set out in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Definitions and Legal References
This Application
The facility that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User that does not meet the definition of a Consumer.
European (or Europe)
Defines a User physically present or headquartered in the European Union, regardless of nationality.
Owner (or Us)
Means the natural or legal person who provides this Application and/or offers the Service to Users.
Service

The service offered through this Application as described in the Terms and on this Application.
Terms
All the terms applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other related document or agreement, in its most current version respectively.
User (or You)
Means any natural person who uses this Application.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity.
Last modified: 18 July 2022
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