GENERAL TERMS AND CONDITIONS OF USE

Last update: 16/12/ 2021

GENERAL INTRODUCTORY INFORMATION

The General Conditions of Use (the “Conditions”) on this web page refer to and regulate the access to and use of the www.berlinpackaging.eu website (the “Site”), managed by Berlin Packaging Italy S.p.A, in the person of its legal representative pro tempore, with registered office in MILAN, Via C. Colombo, 12/14 – 20090 Trezzano S/N (MI), P.IVA IT01746490158, registered with Milan Chamber of Commerce (CCIAA) 871369, subject to the Management and Coordination of Berlin Packaging LLC, corporate owner of the Internet Domain, berlinpackaging.eu.

Access to and/or use of the Site presupposes knowledge and acceptance of these Conditions; it thus follows that by accessing and using the Site, you accept these Conditions. It is therefore important to read them carefully, together with the Privacy Policy. before proceeding to use the Site.

We also inform you that the Site is not an e-commerce platform and therefore does not engage in online commerce. If you are a company interested in purchasing products offered on the Site, please send us an information request via email to info.eu@berlinpackaging.com

Following your request, we will be able to define the sales terms and conditions of the products that interested you on a case-by-case basis.

These Conditions are available in Italian and other languages. In the event of discrepancies or differences in interpretation between the various versions, the Italian language version shall prevail.

If you do not agree, in whole or in part, with the Site Conditions, please do not access or use the Site.

Berlin Packaging Italy S.p.A. reserves the right, in respect of current, applicable laws and at its sole discretion, to modify the Conditions defined herein, with immediate effect upon any access or use made after such modification; please therefore check them regularly, upon each access, and before any further use of the Site.

Any changes made will be communicated contemporaneously by means of a special banner, positioned so as to be visible on the home page of the Site.

Access to and use of the Site are governed by the Italian legislation in force and, in particular, by the Privacy Policy which we invite you to consult at the following address www.berlinpackaging.eu/privacy-policy

Under no circumstances shall the provisions of these Terms and Conditions or amendments thereto affect your statutory rights.

  1. SITE PUBLICATION POLICY

1.1 The Site is made available to you for personal use; therefore any use for commercial purposes or that are completely unrelated – even in a broad sense – to any commercial, entrepreneurial or professional activity by you or third parties, other than Berlin Packaging Italy S.p.A., is excluded.

1.2 Scraping or price-crawling activities, whether conducted manually or by means of web-spiders, web-robots or other web-crawling technologies, are in any event expressly prohibited.

1.3 These Conditions exclusively govern access to and use of the Site. They do not govern access to and use of third-party sites that may appear on the Site via links, banners or other hypertext links. We advise you, before accessing and/or using the websites of subjects other than Berlin Packaging Italy S.p.A., to verify their conditions of use and privacy policy, because Berlin Packaging Italy S.p.A. is not and cannot be held responsible for the information supplied, the published contents, the activities carried out, the conditions of use or the privacy policies applied by third-party subjects other than the company itself.

1.4 If you do not agree, in whole or in part, with these Conditions, or if you intend to behave, via the Site, in a manner inconsistent with, or with a purpose inconsistent with, the Publication Policy set out in this Section 1, please do not access or use the Site.

1.5 Berlin Packaging Italy S.p.A., in respect of the applicable legislation, reserves the right to deny, unilaterally, and at its sole discretion, any access to the Site at any time and to suspend or cancel your registration, made via the registration box on the pages of the berlinPackaging.eu Site, should you violate any provision of these Conditions, should you provide untrue, inaccurate or incomplete information during registration, or if Berlin Packaging Italy S.p.A. suspects, at its sole discretion, that there are reasons to believe that you have behaved in any of the aforementioned ways or conducted yourself in a way that does not comply with the law in force.

1.6 In any case, should you conduct yourself in a way that does not comply with the law in force, you will be solely and exclusively responsible for the improper use of the Site and its contents. In particular, you shall be solely and exclusively responsible for any communication of incorrect, false or related information and data to third parties without their consent, as well as for any incorrect use of such information and data.

  1. INTELLECTUAL PROPERTY RIGHTS

2.1 All Site contents, such as – by way of example – texts, databases, drawings, trademarks, logos, keys, icons, images, as well as any other material, in any format, published on the Site, including menus, web pages, graphics, colours, schemes, tools, characters and design of the Site itself, diagrams, layouts, methods, processes, functions, source codes and software that are part of the Site, are the property of Berlin Packaging Italy S.p.A. or the company has received authorisation for its use and disclosure to third parties from the legitimate owners, or – further – it is content already freely accessible and usable ab origine, but in any case without prejudice to the ownership of the moral rights of the relative authors. The use of the aforementioned material, where not freely accessible and already usable ab origine and – always and in any case – without prejudice to the ownership of the moral rights of the relative authors, is regulated by the current legislation for the protection of industrial and intellectual property.

2.2 Any use of the Site contents, for any purpose whatsoever, where not freely accessible and usable ab origine and – always and in any case – without prejudice to the ownership of the moral rights of the relevant authors, is prohibited, unless expressly authorised by, or not in accordance with, these Conditions.

2.3 The only uses expressly authorised by these Conditions are those of viewing the Site and its contents in accordance with these Conditions and of performing – again in accordance with the Conditions – all those temporary acts of reproduction, devoid of any economic significance of their own, which are considered transitory or ancillary to and an integral and essential part of viewing the Site and its contents.

2.4 If you intend to publish or otherwise re-use any part of the content of the Site, you must make a specific written request via email to info.eu@berlinpackaging.com, otherwise the material in question may not be re-used for any purpose that is not expressly authorised or that does not comply with these Conditions. In authorising said use, Berlin Packaging Italy S.p.A. may however determine specific limitations, as well as impose the use of a specific disclaimer that highlights the effective owner of the rights to said content.

2.5 As already stated, the authors of the Site’s content always, and in any case, retain ownership of the moral rights to their work, i.e. they have the right at any time to claim authorship and to object to any distortion, defacement or other modification of said work, including any act that damages the work or is detrimental to their honour or reputation. Access to and use of the Site constitute your acceptance of these Conditions, by which you also undertake to respect the moral rights of those who have granted permission to publish their work on the Site, or who have collaborated with the Site for the creation of new expressive and artistic forms intended for publication, even if not exclusively, on the Site, or that form an integral part of it.

  1. TRADEMARKS, DESIGNS AND DOMAIN NAMES

3.1 All the distinctive signs that identify the products and activity of Berlin Packaging Italy S.p.A., as well as the models on the Site are registered and/or owned by Berlin Packaging Italy S.p.A. or the company has been authorised to use and disclose them by the legitimate owners, in any case without prejudice to the ownership of the moral rights of the relative authors.

3.2 Only Berlin Packaging Italy S.p.A. and – where not granted to the company itself on an exclusive basis – all the other owners of said distinctive signs, have the right to use the signs and models they own. Any unauthorised use of the same is prohibited and will have legal consequences as it does not comply with the law. It is forbidden to use the distinctive signs and/or models on the Site in any way to take undue advantage of their distinctive character or reputation, or to create counterfeit models of those registered by Berlin Packaging Italy S.p.A. and/or in any case in such a way as to damage them and their legitimate owners.

  1. LINKS TO OTHER WEBSITES

4.1 The Site may contain links to other websites that have no connection with the Site and Berlin Packaging Italy S.p.A. and over which Berlin Packaging Italy S.p.A. has no control, nor does it monitor the content thereof.

4.2 Berlin Packaging Italy S.p.A. will try to make it as clear as possible that you are leaving the web pages of the Site via said links to other sites, but cannot be held responsible for the content of the sites themselves and the rules adopted by them, or further, with regard to your privacy and the processing of your personal data while you navigate. Therefore, please be careful when connecting to these web pages via the links on the Site and carefully read the general terms and conditions of use and privacy policy of the sites to which these pages belong.

4.3 These Conditions and the Site’s Privacy Policy do not apply to third-party websites, neither is Berlin Packaging Italy S.p.A., nor can it be, considered in any way responsible for their content or services or goods offered by them, nor can this be, or be considered as, a recommendation or signalling of the same by Berlin Packaging Italy S.p.A.

  1. LINKS TO THE SITE

5.1 If you intend to activate links, or in any case direct links to the home page and other publicly accessible web pages of the Site, you must make a specific written request via email to info.eu@berlinpackaging.com, otherwise the links or connections cannot be activated.

5.2 In authorising activation of the links and connections mentioned in point 5.1 above, Berlin Packaging Italy S.p.A. may in any case determine specific limitations for you, and impose the use of a specific disclaimer, which highlights that concession to activate said links in the web pages of your websites is not, or cannot be considered, a recommendation or indication of the same by Berlin Packaging Italy S.p.A., nor does it indicate any affiliation to the websites in question or the persons, organisations, movements or activities they represent to the company itself or any approval of the principles, purposes or conduct of the same by the latter; in any case, said disclaimer must necessarily in turn indicate what is specified in point 5.1 above.

5.3 As a result of the request as per point 5.1 above, the authorisation to activate said links and connections will be granted to you free of charge and non-exclusively and will be unilaterally revocable at any time by Berlin Packaging Italy S.p.A., and at its sole discretion.

5.4 In any event, you are prohibited from activating deep hyperlinks (such as toggles, hypertext links, deep links, deep frames or any other framework created around the Site), or the unauthorised use of meta tags.

  1. CONTENT WARNING

6.1 Berlin Packaging Italy S.p.A. has adopted every measure to avoid publishing content on the Site that describes or represents scenes or situations of physical or psychological violence or which, in line with your sensitivity, may be considered harmful to civil convictions, human rights and the dignity of people, in all its forms and expressions. In any case, Berlin Packaging Italy S.p.A. does not guarantee that the contents of the Site are appropriate or lawful outside of Italy. If such content is deemed inappropriate, unlawful or illegal in the country in which you are domiciled or from which you access or use the Site, you are advised to avoid accessing the Site, and if you choose to access the Site anyway, your use of the Site shall be your sole and personal responsibility.

6.2 Berlin Packaging Italy S.p.A. has also taken every useful precaution to ensure that the contents of the Site are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the Site and – as far as possible – also subsequently. However, Berlin Packaging Italy S.p.A. does not assume any responsibility towards you concerning the accuracy and completeness of the contents published on the Site, except for its own responsibility for fraud and gross negligence and except for what is otherwise provided by law.

6.3 In particular, the images and colours of the Berlin Packaging Italy S.p.A. products may not correspond to the actual ones due to the effect of the Internet browser and the monitor used. In addition, some objects on the Site may appear slightly larger or smaller than their actual size because the images have been resized to fit the screen or due to the photographic techniques used. In the case of resized images, products or parts thereof may be depicted larger than their actual size in order to show details clearly, or smaller in order to show the entire item.

6.4 Although Berlin Packaging Italy S.p.A. has tried to do everything possible to ensure continuous access to its Site, the dynamic nature of the Internet and its content may not allow the Site to operate without suspensions, interruptions or discontinuity due to the need to update the web pages. In point, Berlin Packaging Italy S.p.A. declines any responsibility for any damages deriving from inaccessibility to the website due to suspensions for maintenance or other service interruptions due to technical intervention or updating requirements.

6.5 Berlin Packaging Italy S.p.A. also cannot guarantee that the Site will operate continuously, without interruptions and without errors or malfunctions due to the Internet connection. This applies in particular to the regularity of data transmission via cable or wireless, as well as to the functionality of the server hosting the pages of www.berlinpackaging.eu. In this respect, the company shall not be, nor can it be held, responsible for any malfunction or defect in the technology used in the creation and publication of the pages of the Site.

6.6 Berlin Packaging Italy S.p.A. does not provide any guarantee that the Site is compatible with any and all hardware and software that you may wish to use.

6.7 If you encounter any problems in accessing and using the Site, please contact us and report them to the following email address: info.eu@berlinpackaging.com. At the same time, please also contact your Internet service provider and check that each of the devices you use for connecting to the Internet and accessing web content is correctly activated, including your Internet browser.

6.8 Berlin Packaging Italy S.p.A. has moreover adopted appropriate technical and organisational measures to safeguard the security of information on the Site, including the integrity of the data relative to traffic and electronic communications, with respect to forbidden forms of use or knowledge, as well as to avoid the risks of dispersion, destruction and loss of data and information, both confidential and otherwise, relative to you, on the Site, or unauthorised access, or not in compliance with the law, the data and said information. However, the Company shall not be liable to you for any damages resulting from unauthorised access and alteration of data by third parties who breach the Site’s computer systems, without prejudice to its liability for fraud and gross negligence and unless otherwise provided for by law.

6.9 Finally, since any material made available on the Site will be downloaded by you or otherwise obtained through the use of services of your choice and at your exclusive risk, any responsibility for any damage to computer systems – in particular, but not limited to, those caused by computer viruses – damaged files or loss of data resulting from download operations shall fall solely and exclusively upon you and cannot be attributed to Berlin Packaging Italy S.p.A. You are therefore advised to take all appropriate protective measures before downloading information or content from the Site.

  1. SUPPORT

7.1 You may request any further information on the Conditions from Berlin Packaging Italy S.p.A. Service Department, by contacting the appropriate personnel at the following email address: info.eu@berlinpackaging.com.

  1. APPLICABLE LAWS AND DISPUTE RESOLUTION

8.1. Access to and use of the Site are governed by current Italian law. Protection of the confidentiality of personal data is guaranteed in accordance with current legislation and in particular by Legislative Decree no. 196/2003 (Privacy Code) and EU Regulation 679/2016 (GDPR), which governs the processing of your personal data and Directive 2002/58/EC, as updated by Directive 2009/136/EC on cookies, as well as with the provision of 10 June 2021, no. 231 on “Guidelines for cookies and other tracking tools” (web doc. no. 9677876), published in the Official Journal no. 163 of 9 July 2021.

8.2 If you are not domiciled in Italy or if you access and use the Site outside Italy, please note that there may be specific laws in the country in which you are domiciled or from which you access and use the Site in relation to material that can be consulted online in that country, or which regulate methods of navigation or the need to obtain certain licences and authorisations from the competent Authorities in order to publish certain content, consult the same, or carry out certain activities by means of computer networks. Berlin Packaging Italy S.p.A.cannot verify the laws and regulations of each of the countries in which people may be domiciled or from which they may access and use the Site, therefore you shall be exclusively responsible for checking the laws and regulations from time to time applicable and the conformity of your actions to them.

8.3 In the event of disputes arising from these Conditions and their performance, the Court of Milan shall have exclusive jurisdiction.

  1. CHANGES AND UPDATES

9.1 Berlin Packaging Italy S.p.A. reserves the right, in respect of current, applicable laws and at its sole discretion, to modify the Conditions, with immediate effect upon any access or use made after such changes; please therefore check them regularly, upon each access, and before any further use of the Site. Changes effected will be communicated contemporaneously by means of a special banner, positioned so as to be visible on the home page of the Site.

9.2 We recommend that you print out a copy of these General Terms and Conditions of Use for your future information.

9.3. Under no circumstances however shall the changes to these Terms and Conditions affect your statutory rights.