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General condition for the use of the service

Peroni s.p.a. updated the general conditions of use of the web-site and the service ("GCUS"). All the consumers, registered and not, have therefore to take careful vision of the following GCUS in order to use the services and products offered by Peroni s.p.a..

1. ACCEPTANCE OF THE CONDITIONS
The service offered by Peroni s.p.a. to consumers (the "Consumer") is given by Peroni s.p.a., headquartered in Gallarate, zip code 21013, via Monte Leone, 93, with the following General Conditions of Use of the Service ("GCUS"). Peroni s.p.a. has the right to modify in any moment and without warning the GCUS. The consumer can verify in whatever moment the current text of the GCUS, as it is updated by Peroni s.p.a., at the URL: http://www.peroni.com/ENG/utilizzo.htm.
Besides, when the consumer uses a specific service of Peroni s.p.a., all the operational rules are applied as also into force for that specific service, that all constitute integral and substantial part of the GCUS. Nevertheless, in case of divergence or contrast between the operational rules and the GCUS, these last ones will prevail. Peroni s.p.a. can also offer services that will be disciplined by different general conditions. In such cases, the GCUS won't be applied to such particular services.

2. DESCRIPTION OF THE SERVICE
Currently, Peroni s.p.a. gives access to the consumers, through its own web-site, to numerous resources on line, what, for example, the access to the on line-catalogue of the products, the possibility to seek and to purchase products on line and others (the "Service"). Excepted express contrary dispositions, the introduction of any change of the service that makes it differently enjoyable in comparison to the actual form, as the introduction of new services, will be subject also, and therefore will be regulated, by the GCUS. The consumer recognizes and agrees that the Service is given "As it is" and "As available" and that therefore Peroni s.p.a. doesn't take any responsibility respect to its fruition and availability. With the purpose to be able to use the Service, it is necessary to get an access to the World Wide Web, or directly or through other tools that allow the access to web's contents. Besides it is necessary for the consumers to be endowed with the necessary equipment for the connection to the World Wide Web, among which a computer, a modem and all of this that results necessary to connect themselves.

3. OBLIGATIONS CONNECTED TO REGISTRATION
With the purpose to use the Service, the consumer engage himself to:
a) give the personal information ("Registration data") asked during the recording procedure, assuring that these are updated, complete and truthful;
b) to update at the right moment and constantly the Registration Data so that these are always current, complete and truthful. If the consumer gives false information, inaccurate, not current or incomplete, or if Peroni s.p.a. holds, on the base of an own discretionary evaluation, that the information given by the consumer are false, inaccurate, not actual or incomplete, Peroni s.p.a. will have however the right to cut, temporarily or definitely, the consumer's account and to stop any use of the Service.

4. ACCOUNT AND PASSWORD
At the end of the procedure of registration for the Service the consumer gets the assignment of a reserved account ("username") and of a password of which the consumer himself, also for the activities set through their use, is the only and exclusively responsible person. The consumer, therefore, engage himself to: a) immediately communicate to Peroni s.p.a. any unauthorized use of the personal password or account as well as any other violation of the safety rules of which comes to knowledge; b) go out of the account at the end of every session. Peroni s.p.a. won't be responsible for possible consequential damages due to the non-observance of this point.

The consumer is aware that, with the purpose to regulate the access to the Service, the personal authentication is exclusively due to the verification of the username and the password. The consumer is therefore responsible of the custody and of the correct use of the username and password to access the Service, as well as of every harmful consequence or prejudice that should derive, to Peroni s.p.a. or its bystanders, following the not correct use, the dismay, subtraction and/or the compromise of the reservation of the username and password used by the consumer. All the operations effected through the use of the username and the password used by the consumer involve the automatic attribution of the consumer of the conducted operations and the effected applications, without exceptions of sort. The consumer recognizes that Peroni s.p.a. can always produce, as a demonstration of the operations effected by the consumer and - in general - of the relationships with the consumer, also demonstrations given by the systems and by the computer procedures used by Peroni s.p.a. to regulate the access to the Service.

5. PROHIBITION OF TRANSFER AND OF COMMERCIAL EXPLOITATION OF THE SERVICE
The consumer is engaged to avoid reproductions, duplications, copy, sales, framing, to resell and however not to exploit to commercial goals the Service, the images, the works or a whatever part of the Site, as well as the use or the access to the Service.

6. MODIFICATIONS TO THE SERVICE
Peroni s.p.a. reserves in every time the right to modify or to disable, temporarily or permanently the Service (or any part of it), with or without communications given to the consumer. The consumer agrees and arranges that Peroni s.p.a. won't be responsible in any way toward the consumer himself or toward third subjects for the change, the suspension or the disabling of the Service.

7. SUSPENSION OR INTERRUPTION OF THE ACCOUNT OR OF THE SERVICE
The consumer recognizes and agrees that Peroni s.p.a. can, to proper alone and exclusive discretion, to disarm the password and the account of the consumer or to interrupt its use of the Service. As a simple example, Peroni s.p.a. can practice such faculties in the case in which you misses to use the Service or Peroni s.p.a. believes that the consumer has violated or acts in incompatible way or contrary with the spirit or the letter of the GCUS. Besides, Peroni s.p.a. reserves the right, to its only and exclusive discretion and in every time, to interrupt or to suspend the supply of the Service, also without warning. The consumer recognizes and agrees that any suspension or interruption of his/her access to the Service, following what anticipated in the present GCUS can also happen without warning and recognizes and arranges that Peroni s.p.a. can immediately disarm or to cancel the account of the consumer and all the relative information and present file in his/her account and/or to deny any further access to such files or to the Service. Besides, the consumer agrees that Peroni s.p.a. cannot be responsible in any way towards the consumer or any other subject about the interruption of their access to the Service.

8. ABSENCE OF GUARANTEES RELEASED BY PERONI S.P.A.
The consumer recognizes and expressly declares that:
a) The use of the Service is at his/her only and exclusive discretion. The Service is give as "As it is" and "As Available" and therefore Peroni s.p.a. doesn't take any responsibility towards its fruition and availability, punctuality, cancellation, missed delivery or memorization of any communication or personalization of the consumer. Every guarantee on Peroni s.p.a.'s charge is expressly excluded, explicit and/or implicit, included, as an example only, any guarantee of marketability, fitness to particular purposes or in theme of quality of the service.
b) Peroni s.p.a. doesn't guarantee (i) that the Service will satisfy the demands of the consumer, (ii) that the Service will be supplied without interruptions, with punctuality, in a sure or exempted by errors way, (iii) the expectation of the consumer that the results gotten by the use of the Service are truthful and reliable (iv) that the quality of the products, services, information or other acquired materials or gotten through the Service can satisfy the demands of the consumer, neither that (v) possible errors in the Software will be corrected.
c) Any content unloaded or otherwise given by or through the Service gotten to exclusive and only discretion and exclusive risk of the consumer and the consumer is the only and exclusive person responsible for every damage to his/her own computer or for the consequential loss of data due to the download of such materials or to the use of the Service.
d) Any notice, suggestion, consultation or information, both written or oral, given to the consumer by Peroni s.p.a. or gotten from or through the Service, will involve some guarantee that expressly is not stated by the present GCUS.

9. LIMITATIONS OF PERONI S.P.A.'S THE RESPONSIBILITY
The consumer recognizes and agrees that Peroni s.p.a. won't be responsible in any case for possible damages of any kinds and nature, also related to the loss of profits, of the commercial starting or of data (also in the case in which Peroni s.p.a. has been warned about the possibility of such damages for the consumers), resultant by: (i) a use or an incorrect use of the Service; (ii) the cost of provisioning of good and/or substitutive services in comparison to the good and/or purchased services or gotten through the Service; (iii) an unauthorized access or an alteration of the transmissions or the data of the consumer; (iv) declarations or behaviours of whatever third persons; (j) nothing of what anticipated in this contract will have the effect to limit or to exclude the responsibility of Peroni s.p.a. in case of consequential damages due to malice or serious guilt.

10. COMMUNICATIONS
Any communication among the parts ha to be written and it can be effected both by electronic mail and by ordinary mail. Peroni s.p.a. can effect communications regarding the changes of these GCUS or other matters introducing in the Service general announcements to the consumers or connections to such notices.

11. AUTHORS AND LICENCING
Peroni s.p.a. respects the rights of intellectual and/or industrial ownership of third parts and asks its own consumers to do the same. Where you believe that a work of yours had been copied or "treated" from third parts inside the Service so that it is a violation of the norms on the right of author, we beg you to give to Peroni s.p.a., headquartered in Gallarate, zip code 21013, via Monte Leone, 93, the following information:

1. an electronic or physics copy of the signature of the subject authorized to act on behalf of the holder of the interested right of author;
2. a description of the job protected by author's right that is assumed has been violated, comprehensive of the indication of the source of the same right and a description of the right that is assumed to have been violated;
3. an indication of the place inside the web-site where the job that is assumed to be copied is found;
4. your address, telephone number and address of mail electronics;
5. a declaration on your behalf in which you affirm in good faith that the use is not authorized by the holder of the right of author, by its licensee or by the law;
6. a declaration with which you declare and guarantee that the information contained in your communication is true and that you are the legitimate holder of the right or that you are legitimately authorized to act on behalf of the holder.

12. APPLICABLE LAW AND COMPETENT COURT
The present General Conditions and the relationships among Peroni s.p.a. and the consumer are regulated by the law of the Italian Republic. For any inherent controversy, consequential or however connected to the present GCUS or to the use of the Service, it will be exclusively competent the Court of Milan.

13. VAROUS
The present General Conditions constitute the only and exclusive accord between the consumer and Peroni s.p.a. and they regulate the use of the Service, overcoming any possible accord previously intervened between the consumer and Peroni s.p.a.. Besides, the consumer will have to follow the General Conditions related to the use of complementary services or connected to the contents of third parts or related to the rules of use of the software of third parts. The missed exercise by Peroni s.p.a. of a right foreseen by the law or by the present GCUS, doesn't constitute in any case a renounce the same right. If one or more dispositions of the present General Conditions was declared invalid by the Competent Court, the parts agrees that the judge will always have to try to maintain the effectiveness of the agreements intervened among the parts, as specified in the present agreement and the other General Conditions will fully be valid and effective in any case. The titles of the articles of the General Conditions have the only purpose to make more comfortable the reading of the same General Conditions and don't have any juridical or practical effect.

ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE SERVICE ("GCUS")
The consumer declares to the senses and for the effects of the art. 1341, 2nd paragraph, Italian Civil Code, to have read with attention and to approve the agreements contained in the preceding articles.