1. Terminology
For the purposes of these Terms of Use, the terms indicated in capital letters are given the meaning indicated in the Conditions of Sale, in addition to the one indicated in the Terms of Use.
2. Parts of the contract and legal sources
The Site, owned by FRU.IT SRL – VIA DELLA COOPERAZIONE, 25/29 – 63821 PORTO SANT’ELPIDIO (FM) – Italy (hereinafter the “Owner”), is managed by the same company FRU.IT SRL with headquarters lawyer in Via Della Cooperazione, 25/29 – 63821 Porto Sant’Elpidio (FM), Italy, VAT Code: 01916310442 – REA: FM183859 (hereinafter, the “Seller”). Access to and use of the Site, including the display of web pages, communication with the Seller, the ability to download information about Products and the purchase of Products, are activities conducted by users of the Site exclusively for personal uses unrelated to any commercial, entrepreneurial and professional activity. Access to and use of the Site are activities regulated by these Conditions of Use and presuppose the reading, knowledge, and acceptance of these Conditions of Use, the Conditions of Sale, the Return Policies and the Privacy Policy.
3. Updates
The Seller may modify or simply update these Conditions of Use, in whole or in part. Changes and updates to the Terms of Use will be notified to users through publication on the Site and will be binding as soon as they are published. Users are therefore requested to regularly access this section to verify the publication of the most recent and updated Terms of Use. If the user does not agree, in whole or in part, with these Terms of Use, the same user is asked not to use the Site.
4. Responsibility
The user will be solely responsible for the use of the Site and its contents. In fact, the seller cannot be held responsible for the use of the Site in a manner that does not comply with the laws in force by each of its users, without prejudice to the Seller’s liability for fraud and gross negligence. In particular, the user will be the one and only responsible for the communication of incorrect and false information and data relating to third parties, without the latter having given their consent, and for any incorrect use of the same. Finally, since every content of the Site will be displayed, downloaded or otherwise processed through communication channels and technical means chosen by the user at his own risk, all responsibility for any damage to computer systems or loss of data resulting from operations relating to the Site falls on the user and cannot be attributed to the Seller. The Seller declines all responsibility for any damage resulting from the impossibility or difficulty of accessing the Site or from any damage or inconvenience related to viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, to the provider or to telephone and / or telematic connections, to unauthorized access, alterations of data, failure and / or faulty operation of the user’s electronic equipment or third parties. The user is responsible for the safekeeping and the correct use of his personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may derive from the Seller or third parties as a result of the incorrect use, loss or theft of such information.
5. Privacy
Users are requested to read the Privacy Policy carefully, which also applies if the user accesses the Site and uses the relevant services, but does not purchase any Products. The Privacy Policy helps the user to understand how his personal data is collected and used through the Website and for what purposes.
6. Intellectual property rights
The contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions and the software that are part of the Site, are protected by copyright and by any other intellectual property right of the Owner, Seller and other rights holders. It is forbidden to reproduce, in whole or in part, in any form, the Site, and its contents, without the express written consent of the Owner and the Seller or, if necessary, by the authors of the individual works contained on the Site. Seller and the Owner have the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regard to the use of the Site, the user is only authorized to view the relative contents and to perform all those other temporary acts of reproduction, without their own economic importance, which are considered transitory or accessories, an integral and essential part of the visualization of the same Site and its contents and all other navigation operations on the Site that are performed only for a legitimate use of the Site. The user is not authorized to perform any reproduction, on any support, in whole or in part of the Site and its contents. Any reproduction must be authorized from time to time by the Owner and the Seller or, if necessary, by the authors of the individual works contained on the Site. Such reproduction operations must, in any case, be performed for lawful purposes and in compliance with the law of author and other intellectual property rights of the Owner, the Seller, and the authors of the individual works contained on the website. The authors of individual works published on the Site have, at any time, the right to claim authorship of their works and to oppose any deformation, mutilation, or other modification of the works themselves, including any damage caused to the works, which is prejudicial to their honor or reputation. The User undertakes to respect the copyright of the artists who have chosen to publish their works on the Site or who have collaborated with the creation of new expressive and artistic forms destined to be published on the Site, even if not exclusively, or, again, which form an integral part of it. In no case, the user is authorized to use, in any way or form, the contents of the Site and every single work protected by copyright and by any other intellectual property right. By way of example, the user may not alter or otherwise modify the protected contents and works without the consent of the Owner, the Seller, and, where necessary, the individual authors of the works published on the Site.
6.1 Trademarks and domain names
All the distinctive signs that distinguish the products sold and present on the Site are registered trademarks of the respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the products for sale on the Site. The Seller and all other registered trademark owners have the right to make exclusive use of the trademarks of their respective ownership. Any use of these trademarks that is not in compliance with the law or otherwise unauthorized is prohibited and involves serious legal consequences. It is in no way permitted to use these trademarks and any other distinctive sign present on the Site to take unfair advantage of the distinctive character or reputation of these trademarks or in such a way as to prejudice them and their owners.
7. Content warning
The Seller has taken every useful precaution in order to assure its users that the contents of the Site are accurate and do not contain incorrect or outdated information with respect to the date of their publication. However, the Seller does not assume any responsibility towards users for the accuracy and completeness of the contents published on the Site, without prejudice to their liability for fraud and gross negligence and except as otherwise provided by law. Furthermore, the Seller cannot guarantee users that the website will operate continuously, without interruptions and errors or malfunctions due to the Internet connection. For any problem encountered while using the Site, the user is asked to contact Customer Service or write to the following e-mail address info@fru.it. We also advise the user to contact their Internet service provider or to check that each device for Internet connection and access to web content is properly activated.
8. Our trade policy
The Seller’s mission consists of selling products through the Site only to consumers, meaning by this term, a natural person who acts for purposes unrelated to his own commercial, entrepreneurial, or professional activity. Users who do not qualify as consumers are, therefore, kindly asked not to use the Site. Otherwise, the Seller will have the right not to take into consideration purchase orders from subjects who are not consumers and any other purchase order that does not comply with the Sales Conditions and these Terms of Use.
9. Applicable law and resolution of disputes
These Terms of Use are governed by Italian law. The relative disputes will be devolved exclusively to the Court of Fermo (FM), except in the event that such provision does not apply due to mandatory laws in force in the country of residence of the consumer user.