Legal area
TERMS AND CONDITIONS OF USE OF THE WEBSITE WWW.STONE ISLAND.COM
Welcome to our web site (hereinafter, together with its subdomains, the “Website”). These general terms and conditions of use (hereinafter, the “Terms of Use”) govern the access to and use of the Website.
By accessing and browsing the Website you accept, without limitation or qualification, the terms and conditions contained below, all other terms of use or policies incorporated by reference herein, and all applicable laws.
The Website is managed and maintained by Stone Island USA Inc. (hereinafter “Stone Island” or “We” or “Us”), 54 Thompson st. 3rd floor, New York NYC 10012 U.S.A..
The Website is reserved for users who have reached the age of consent in their Country or province/territory of residence or, if they are minors, who have received consent for its use from their parents or those exercising parental authority.
Requests for further information can be made through our Customer Service. If you need any assistance, please go to the section Client Services area, where information on orders, shipping, refunds and returning products purchased on the Website, a registration form, tips and other general information on the services provided on the Website are available.
For any other legal information, please go to the sections General Terms and Conditions of Sale, Return Policy and Privacy and Cookie Policy available on the Website. Stone Island may amend or simply update all or part of these Terms of Use. We may amend these Terms of Use in the following cases:
- developments which are beyond our reasonable control;
- changes in the applicable law;
- changes to the Website that reflects evolution in Stone Island’s business;
- adaptation to new technologies;
- security issues.
Any amendment or update of the Terms of Use shall be notified to users in reasonable advance and in a transparent manner, by also specifying the date on which such changes will enter into force. Changes will be published on the Home Page of the Website in the form of a pop-up, which will appear at the first visit to the Website after the implementation of said changes and which the customer shall be required to accept if he/she wishes to continue to use the Website, and could be notified by email to all users who have provided their email address. The changes will only be applicable for the future.
We recommend to visit this section of the Website before accessing and/or using our services and/or before purchasing any product on the Website in order to check the most recent and updated version of the Terms of Use, as changes may affect the use of the services and/or purchase on the Website. In case of failure to agree to all or part of the Terms of Use, please do not use our Website (please also see article 5 “Registration and Account” for managing any personal account).
Access to and use of the Website, including display of web pages, communication with Us, download of product information and purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. The user shall be liable for the use of the Website. Stone Island shall not be considered liable for any use of the Website and its contents made by users that is not compliant with these Terms of Use, the laws and/or any applicable regulation in force, without prejudice to Stone Island’s liability for fraud or gross negligence or for any other liability which cannot be contractually excluded or limited pursuant to applicable laws.
In particular, the user shall be exclusively responsible for providing information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent), as well as for any improper use of such data or information.
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We recommend to read our Privacy Policy e Cookie Policy which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy and Cookie Policy will help the user understand how and for what purposes Stone Island collects and uses personal data.
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Proprietary content. The Website and all content contained therein, including but not limited to images, pictures, texts, music, sounds, videos and in general audio-visual materials, documents, descriptions, drawings, figures, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software, including HTML code and other computer codes contained therein (collectively, the “Content”), is the sole and exclusive property of Stone Island and is protected by national and international copyright and other intellectual property laws.
Trademarks and Logos. The Stone Island trademark and all other trademarks, trade names, logos, brand names and product names displayed on the Website are the exclusive property of Stone Island or of their respective companies (“Trademarks”). These Terms of Use do not allow the use of the Trademarks: the use of the Trademarks in any manner is strictly prohibited.
The user acknowledges that it is forbidden to copy or reproduce (except where such copying or reproduction is made for non-commercial and personal use), publish, disclose, distribute, provide to the public, re-publish, notify, display, delete, cancel, supplement the content or create derivative works of the Website for any purpose unless the user has been expressly authorised by Us in writing.
Downloading or copying the Content, where authorized in writing by Stone Island, does not imply acquisition by the user of any right, title or interest in the Content and/or the Website.
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The Website may contain links to other web sites which are in no way connected to Stone Island. Stone Island does not control or monitor such third-party web sites or their contents. Stone Island shall not be held liable for the contents of such sites, including for their accuracy, security or reliability, and/or for the rules adopted by them in respect of, but not limited to, privacy and processing of personal data of the user. Please, pay attention when accessing these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our Terms of Use and Privacy Policy do not apply to the web sites of third parties. Access to any third party content and web sites is at the user’s own risk and Stone Island shall have no liability to the user for any loss or damage suffered (including but not limited to any loss or damage to the user’s computer equipment, hardware or software) arising out of or related to access or use of, or reliance on, any third party content and web sites or caused by or in connection with any purchase of goods or services available on or through any such third party content and web sites.
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The user is permitted to use the Website and any of its Content for personal and non-commercial use only and always in compliance with these Terms of Use. The user may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, send, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute the Website or any Content, including but not limited to mirroring, framing or linking, to any other computer, server, web site;
(ii) access or use the Website or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on one’s own web site;
(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Website and/or its Content or any portion thereof, or in any way reproduce the structure or presentation of the Website or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
(iv) attempt to access any portion or feature of the Website that the user is not allowed to without authorization, or any other systems or networks connected to the Website or any of Stone Island’s servers, by hacking, password mining or any other illegitimate means;
(v) use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account;
(vi) probe, scan or test the vulnerability of the Website or any network connected thereto, nor breach the security or authentication measures on the same;
(vii) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Website, or exploit the Website or any service or information made available or offered by or through the same, nor use the Website or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of Stone Island or of others;
(viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the same;
(ix) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website or any transaction being conducted on the same, or with any other person’s use thereof.
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To access certain services and to make purchases on the Website, registering and opening an account may be necessary (the “Account”). Please read the Terms of Use of the My Stone Island Services for more details on the services accessible by registration and the conditions for registration. If the user creates an Account, the same shall be responsible for maintaining the confidentiality of login information and for controlling access to the Account. The user shall be responsible for all activity occurring on his/her Account unless the user informs Stone Island that his/her Account has been used by a third party without his/her consent.
Stone Island disclaims any liability for any loss or damage resulting from failure to comply with the above obligations.
Instructions to close the Account can be retrieved at the following link.
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Stone Island does not warrant that the Contents of the Website are appropriate or lawful in any Country. In the event that such Contents are deemed to be unlawful or illegal in the Country where the user resides or is domiciled, we invite the same not to access the Website and, where he/she nonetheless choose to access it, we hereby inform the user that use of the services provided on the Website shall be at his/her own exclusive risk and responsibility and that the Website is provided to the user on an “AS IS” and “AS AVAILABLE” basis.
Due to the dynamic nature of the Internet and the Internet connection, Stone Island cannot guarantee that the Website will operate continuously, without any interruptions and/or that errors or defects will be corrected. If the user experiences any problem in using our Website, he/she may contact our Client Services. One of our representatives will assist and help the user to restore his/her access to the Website, as far as possible. At the same time, the user is requested to contact his/her Internet services provider or check that each device for Internet connection and access to content is correctly activated, including the user’s Internet browser.
Stone Island shall use its best endeavours to ensure that the Content of the Website is accurate and does not contain any incorrect or out-of-date information, acting with due professional diligence during the whole time the Website is available. However, Stone Island makes no representations and disclaims all expressed or implied warranties, guarantees and conditions of any kind, including without limitation, any representations, warranties or conditions of accuracy, currency, completeness, non-infringement, uninterrupted or error-free operation, fitness for a particular purpose, security, legality, suitability, merchantability, or those arising by law, statute, usage of trade, or course of dealing. Stone Island assumes no responsibility to the user or any third party for the consequences of any errors, omissions or faults on the Website.
Stone Island has also adopted all reasonable technical and organisational security measures to ensure that the Website and the Contents are free from virus, and to protect the integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of the Website. However, provided Stone Island has carried out its activities with a due professional diligence, Stone Island, its affiliates, subsidiaries, suppliers and service providers, and their respective directors, officers, employees and agents shall not be deemed liable to the user or anyone else for any direct, indirect, incidental, special, consequential or punitive damages or losses of any kind, including without limitation personal injury or death, loss of profits, data, use, goodwill, other intangible losses, any loss of or corruption to data, loss of or damage to the user’s computer equipment or any loss or damage suffered by the user as a result of failure to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software arising out of (i) your access to or use of or inability to access or use the Website and/or the Content; (ii) any conduct or submission of any third party on the Website, including without limitation any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the sites; and (iv) unauthorized access, use or alterations of your transmissions or submissions, whether based on warranty, contract, tort (including negligence) or any other legal theory.
Stone Island shall not be held liable for damage that arises from events beyond its reasonable control. The foregoing limitations apply regardless of whether the party liable or allegedly liable was advised, ought to have known or knew of the possibility of such damages, and even if a remedy set forth in these Terms of Use is found to have failed its essential purpose. You agree that your exclusive and sole remedy is to cease using the Website.
Nothing in these Terms of Use shall exclude or limit Stone Island’s liability to the user for fraud or gross negligence or for any other liability which may not be contractually excluded or limited under any mandatory provision of applicable law.
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The remote sale of products through the Website is exclusively reserved to consumers for personal use. “Consumer” shall mean any natural person who is acting for purposes, which are outside his or her trade, business, craft or profession. If the user is not a consumer, the same is requested not to use our Website to purchase products. Stone Island shall be entitled to refuse to process purchase orders and to terminate the accounts of persons other than consumers, as well as not to process any other purchase order which does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.
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These General Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of laws principles that would require application of any other law. Each of Stone Island and the user irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of British Columbia in respect of all actions, suits, disputes or proceedings out of or in connection with these Terms of Use or the matters contemplated hereby. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or the transactions contemplated hereby.
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9.1 Entire Agreement
These Terms of Use, the Terms of Sale, Return Policy, Privacy Policy, Cookie Policy, and all other policies of Stone Island, as applicable, including all terms and conditions incorporated by reference herein, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stone Island with respect to the Website and the subject matter hereof.
9.2 Severability
Unless otherwise stated herein, should any provision of these Terms of Use be held invalid, illegal or unenforceable for any reason and in respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness of any provision in any other jurisdiction, and these Terms of Use shall be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.
9.3 Waiver
If Stone Island or the user fails to insist that the other perform any of its obligations under these Terms of Use, or if either party does not enforce its rights against the other party, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any further default.
9.4 Force Majeure
Stone Island will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside of its control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond its reasonable contract and shall include in particular (without limitation): (i) strikes, lockouts, or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) acts, decrees, legislation, regulations, or restrictions of any government; and (vii) any shipping, postal or other relevant transport strike, failure or accidents. Stone Island’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and as a result, it will have an extension of time for performance for the duration of that period. Stone Island will make reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which its obligations under the contract may be performed despite the Force Majeure Event.
9.5 Third-Party Rights
These Terms of Use are between Stone Island and the user. No other person shall have any right to enforce any terms herein.
9.6 Language
English shall exclusively be the official language of these Terms of Use and any communications, agreements and proceedings between Stone Island and the users. Both parties waive any rights they may have under any other applicable laws to have the Terms of Use written in another language. Any translation of these Terms of Use will be for convenience only.
9.7 Indemnity
You agree to defend, indemnify, and hold harmless Stone Island, its affiliates, subsidiaries, suppliers and service providers, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including reasonable legal fees and disbursements on a full indemnity basis) as a result of (i) your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use or policies of Stone Island incorporated by reference herein; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you.