Bespoke & Buy the Finest Jewelry and Fur

Disclaimer

GENERAL CONDITIONS OF SALE

The following general conditions of sale and use (hereinafter ‘Terms and Conditions’) apply to the sale of all products (hereinafter called ‘Services’ or singularly as ‘Service’) supplied by SAE COMUNICAZIONE INTEGRATA SRL, through its own domain at www.opera-italianattitude.com (‘Website’).

Only registered users are permitted to use the Services who have:
a) taken note of the information regarding the processing of personal data;
b) accepted the ‘Terms and Conditions’;
c) created an OPERA account, as indicated below.

Pursuant to the provisions of Art 7 and Art 12 of Legislative Decree No 70 of 09/04/2003, www.opera-italianattitude.com communicates the following information to users: the Service provider, object of the ‘Terms and Conditions’, is SAE COMUNICAZIONE INTEGRATA SRL, with registered office at 4 Via Boccaccio, 20123 Milan, Italy, VAT No 082888250155; certified email address postmaster@pec.saecomunicazione.it, registered in the Companies Register of Milan under no 08288250155 and with a share capital of 10.400 euros, (hereinafter “SAE”).
In the present document, SAE will be referred to by the name of ‘OPERA’, which is the brand name under which the Website performs the sales activities.
Users are kindly asked to print a copy of the General Conditions and/or to save them on a durable medium.

User registration is only permitted to natural persons, as consumers of legal age, who possess the general prerequisites to conclude a legally binding contract, who have a valid email address, who possess a valid credit/debit card for payment (through Visa, Mastercard, American Express, Maestro, Postepay, Aura and Discover) or a Verified PayPal account or bank account and (for USA only) who have a Social Security Number, Tax ID Number or a CBP Customs Border Protection number that must be shown to the customs officer or Broker to correctly manage customs clearance in the United States.

The term ‘Consumers’ refers to the natural persons who access OPERA for purposes other than to carry out sales, business or professional activities.

The provisions contained within Legislative Decree No 206 of 06/09/2005 (‘Codice del Consumo’, the Italian Consumer Code) shall therefore apply, alongside provisions which generally apply to the kind of service provided by OPERA, pursuant to Legislative Decree No 70 of 09/04/2003 on information society services and electronic commerce.

BREAKDOWN OF RESPONSIBILITIES

  • Given that OPERA publishes information on its website in order to provide a service to its clients, it shall not however be held liable for any technical or factual inaccuracy and/or typographic error which may be present; once such inaccuracies or errors are reported, they shall be corrected immediately.
  • Additionally, OPERA reserves the right to make corrections and amendments to the website, as deemed necessary and without prior notice.
  • OPERA cannot guarantee that the information published on its website complies with the regulations laid down by the jurisdiction of the user’s country of residence.
  • OPERA shall not be held liable for any problems, damages or risks that the user may encounter when using the website.
  • OPERA guarantees that its website is protected according to the international standards governing Internet security.
  • OPERA reserves the right to rectify/review the terms and conditions contained in this legal notice, by updating them, as and when is deemed appropriate by OPERA, without any obligation to give prior notice. Users are required to abide by the terms contained in this legal notice and should regularly check them for any updates, amendments or corrections.
  • The content of OPERA with regard to art. 11.1 is usable free of charge.
  • OPERA reserves the right to research material to accompany its editorial content and shall not be held liable for the publishing of the latter: OPERA will see to modify or remove any content as soon as possible, when texts or images are considered misused. Please contact us at: support@opera-italianattitude.com

ITALIAN LAW

Users who access the present website declare to have accepted that all matters pertaining to the use of the opera-italianattitude.com website are regulated by the legislation in force in the Italian State. SAE COMUNICAZIONE INTEGRATA SRL cannot guarantee in any way that the content of the website complies with the laws in force in other Countries. It is expressly forbidden to access the opera-italianattitude.com website from places where the content of said website is deemed illegal. Users who decide to access the website from such Countries are fully aware of the legal consequences and sanctions that they risk incurring and will be held solely responsible for complying with local laws.

1. PARTICULARS

1.1 The selection of products on opera-italianattitude.com accurately reflects the availability of each item in terms of its specifications/size/colour. In the capacity of authorised seller for all the brands displayed on the website, opera-italianattitude.com guarantees the authenticity of each item. The present ‘Terms and Conditions’ apply to all the sales carried out by OPERA on the Website.

1.2 The ‘Terms and Conditions’ may be amended at any time. Any amendments and/or new conditions shall enter into force from the moment they are published in the ‘Terms and Conditions’ section of the Website. For this reason we invite users to regularly access the website and to check the most updated version of the ‘Terms and Conditions’.

1.3 Applicable ‘Terms and Conditions’ are those which enter into force on the date the purchase order is sent.

Before proceeding to purchase products, users will be asked to confirm that they have read and accepted the ‘Terms and Conditions’. By confirming this, the user declares to:

  1. have read, understood and expressly accepted that he or she is legally bound by these ‘Terms and Conditions’;
  2. have accepted the following ‘Terms and Conditions’ and all the laws and regulations that govern our Services;
  3. be at least 18 years of age,
  4. have the right, authority and capacity to evaluate the ‘Terms and Conditions’.

Users who do not agree with the above shall not be authorised to use the Services in any way.

1.4 If the user does not accept amendments made to the ‘Terms and Conditions’, he or she shall be entitled to rescind, giving notice of such intent via certified post with proof of receipt or via email, allowing for a seven-day notice period.

1.6 The present ‘Terms and Conditions’ do not regulate the sale of products and/or the provision of services by individuals or entities other than OPERA which are present on the Website in the form of links, banners or other hyperlinks. Before carrying out a sales transaction with such entities, the user must first verify the conditions of sale employed by that particular entity. OPERA shall not be held liable under any circumstances for the provision of services and/or for the sale of products by these entities. OPERA does not perform checks on or monitor websites which can be accessed via such links. OPERA is therefore not responsible for the content of these websites, nor for any errors and/or omissions and/or violations of law by these websites.

2. REGISTRATION

2.1 Registering to the Website is free of charge. To register, users must complete the registration form, entering their name, surname, email address and password (hereinafter ‘Registration Details’), and must accept the ‘Terms and Conditions’ and the Privacy Policy.

Failure to accept the ‘Terms and Conditions’ will result in the user not being able to register to the Website and make purchases on OPERA.

Registration is confirmed via an email sent to the email address provided by the user.

2.2 To be able to make purchases on OPERA, users must first have registered and accepted the ‘Terms and Conditions’.

2.3 Users’ Registration Details must only be used by the user they refer to and cannot be disclosed to third parties. Users are kindly asked to contact OPERA in the event of any suspicious or illicit use of these details. Registration Details may be amended by the user at any time by accessing the Website and visiting the ‘My Profile’ section.

2.4 The user guarantees that his or her Registration Details provided during the Website registration process are complete, accurate and true. The user accepts to hold OPERA harmless against any damages and sanctions deriving from and/or linked in any way to a breach of the Website registration regulations by the user. The user is solely responsible for any access to the Website using his or her Registration Details and is liable for any damage or prejudice against OPERA or third parties from the improper use, loss or illicit appropriation of the Registration Details by others or from an inadequate protection of the privacy of such details. Every operation carried out through the user’s Registration Details are deemed to be carried out by the user to whom these Registration Details correspond.

2.5 By registering to the Website, the user consents to receive communications regarding products, invitations to purchase and OPERA’s special offers. The user is free at any time to request to no longer receive communications or invitations to purchase by clicking on the appropriate link which can be found in the footer of the invitation. In any event, users can make purchases by directly accessing the Website using their own Registration Details.

2.6 Services are provided in Italian and in English.

2.7 Users can only register once. OPERA will remove any multiple registrations by the same user.

2.8 Users can view open orders, recent and/or completed orders as well as manage and save personal details and the newsletter subscription in their personal ‘My Profile’ section on the Website.

2.9 The user is free at any time to cancel his or her subscription to OPERA by sending an email to: support@opera-italianattitude.com

3. PRE-CONTRACTUAL INFORMATION

Pursuant to the provisions laid down for electronic commerce by Legislative Decree 9 April 2003, No 70, OPERA informs users that:

  • in order to conclude the sale and purchase agreement for one or more products on the Website, the user must complete and submit an electronic order form to OPERA via electronic means following the instructions indicated each time on the Website and which appear throughout the various stages of the buying process;
  • the contract is concluded once OPERA has a record of the order form, after having verified the accuracy of the order details and payment;
  • before submitting the order form, the user may identify and correct any errors in the data entered by following the instructions indicated each time on the Website and which appear throughout the various stages of the buying process;
  • once a record of the order form has been made, OPERA will send a confirmation email to the user using the certified email address indicated which contains a summary of the ‘Terms and Conditions’, information concerning the characteristics of the purchased product, detailed information on the price, the payment method used and how to exercise the right of withdrawal, delivery costs (where applicable) as well as contact information for customer services. It is advisable to keep a record of the received confirmation email as proof of purchase or to save it to a durable medium;
  • the order form will be filed in OPERA’s data base for the period of time necessary to process the order and, in any event, in accordance with the law. To access his or her order form, the user can visit the ‘My Profile – My Purchases’ section of the Website, where each completed order is listed.

4. PURCHASE.

4.1. All the prices indicated on the Website are expressed in Euros (€) and include VAT. Delivery costs (where applicable) and the amount of VAT are broken down in the order form before it is submitted, as well as in the order confirmation email, so that those eligible may request a VAT refund where due. Any import duties or possible additional local taxes are not included.

All orders in the USA, CANADA, SWITZERLAND, NORWAY AND LIECHTESTEIN are subject to import duties which must be paid on delivery. Additional local taxes may apply. We advise users to check the import duties and any additional local taxes in the Countries of dispatch of the order before making the purchase. By making an order, all Customers establish a business relationship with OPERA and are therefore undertake to accept the delivery of their parcel. If the parcel is not delivered for reasons attributed to the user (refusal to pay import duties and any local taxes, the wrong address, continual absence of the consignee, incorrect telephone number, etc.), or if the user rejects the delivery, delivery costs and any custom duties and possible additional local taxes shall be deducted from the refund due to the user. OPERA does not have a head office in the USA and does not pay Use Tax or Sale Tax to the American Government. Individual member states of the USA may require American citizens to pay these taxes relating to online purchases at the end of every year. Under no circumstances shall these taxes be considered as the responsibility of OPERA.

To help customers round up to the nearest Euro value in their own currency, OPERA provides them with a currency converter. The amount to be charged to the user’s credit/debit card or PayPal account may vary depending on fluctuations in exchange-rate regimes and on bank commissions.

OPERA invites customers to contact their bank to ask for more detailed information on exchange rates and bank commissions relating to this transaction.

4.3 Users will be charged for the price of the product indicated on the Website once the order has been submitted.

4.4 Products remain property of OPERA until the sale price and all costs have been paid by the user.

4.5 OPERA will process the purchase order only after having received confirmation that the payment has been authorised for the total amount due, which comprises the sale price, delivery costs and any other additional costs as indicated in the order form.

4.6 OPERA reserves the right not to confirm orders which come from users involved in pending disputes or in circumstances as provided for by Art 5.1.

5. PAYMENT

5.1. Products purchased on the Website can be paid for using the following methods:

CREDIT/DEBIT CARD VIA PAYPAL

  • When making a purchase, Customers enter their credit/debit card details into the secure electronic banking system provided by PayPal. Purchases can be made using Visa, Mastercard, American Express, Maestro, PostePay, Aura and Discover. All transactions are processed through PayPal’s secure server, guaranteeing users maximum data protection. OPERA’s Customer Services operators are not authorised under any circumstances to request or to accept credit/debit card numbers and/or their start dates and expiry dates. If the existing funds are sufficient to satisfy the purchase and the bank details provided are valid, the transaction shall be processed immediately. Any refunds relating to the right of withdrawal shall be credited to the same credit/debit card that was used by the user to make the payment, as stipulated in Art 7 of the present contract.

PAYPAL ACCOUNT

  • By choosing the PayPal payment method, users can pay directly through their PayPal account. OPERA reserves the right to dispatch goods to the address indicated on the verified PayPal account only.

Any refunds relating to the right of withdrawal shall be credited to the same PayPal account used by the user to make the payment, as stipulated in Art 7 of the present contract.

BANK TRANSFER

  • Via Bank Transfer. After completing the order, users automatically receive a confirmation email containing OPERA’s bank account details. Users are required to send a copy of the payment made or email it to orders@opera-italianattitude.com within 72 hours of receipt of the order confirmation. If OPERA does not receive the copy of the payment made within this period of time, it will proceed to cancel the order. The order will be dispatched as soon as the transaction is completed and the transferred amount reaches OPERA’s bank account. Any refunds relating to the right of withdrawal shall be credited to the same account used by the user to make the payment, as stipulated in Art 7 of the present contract.

5.2 When the order form is submitted, the credit/debit card which may possibly be used by the user will not be charged for any payment. Users will only be charged once:

  • the details of their card used to make the payment have been verified;
  • the transaction has been authorised by the credit/debit card issuing company of the card used.

5.3 Users who require an invoice must complete the appropriate section during the buying process or communicate this request during the buying process.
Invoices are issued periodically at the end of every month and are sent in electronic format via email to the individual who made the request.

Receipts for every purchase made can be viewed in the ‘My Profile – My Purchases’ section.

5.4 In the event of non-payment, OPERA shall charge the costs incurred for the management of the unpaid order to the user and shall refuse the purchase order concerned, communicating this to the user via email.

5.5 OPERA reserves the right not to accept certain payment methods at its own discretion.

6. DELIVERY

6.1 Deliveries are made to the postal address indicated by the user on the order form. The user is solely responsible for the address provided for the consignment.

6.1. Delivery times are those indicated on the order form and noted in the ‘My Profile – My Purchases’ section of the Website and specified in the purchase order confirmation.

6.3 Upon delivery of the product to the carrier, an email confirming that the order has been dispatched shall be sent to the user which contains the tracking number and a link to monitor the progress of the delivery.

6.4 In the event of a delay in delivering the item on the grounds of force majeure, OPERA shall contact the user via email to inform him or her of the extended delivery time. OPERA shall not be held liable under any circumstances for possible delays caused by acts of third-parties and/or on the grounds of force majeure.

6.5 Delivery is deemed complete once the product has been put at the user’s disposal at the address specified in the order form.

6.6 In the event of failing to complete the delivery owing to the absence of the consignee at the specified address, the carrier shall leave a card as evidence of the delivery attempt. The carrier’s contact details will be indicated on the card so that the user may arrange an appointment for a second delivery attempt. After two failed delivery attempts, the parcel shall be held at OPERA’s warehouse and Customer Services will contact the user to re-dispatch the order to their address and so that it can be delivered as soon as possible. If this attempt also proves unsuccessful, the purchased product shall be returned to OPERA. Once 30 days have elapsed from the date the product was returned to OPERA, the contract shall be deemed rescinded and the purchase order cancelled pursuant to Art 1456 of the Italian Civil Code. OPERA will refund the amount paid by the user, excluding delivery costs of the unsuccessfully delivered product, payment of restitution to OPERA by the user, storage costs and any import duties and possible additional local taxes. The user shall be informed of the contract rescission and the amount to be refunded via email. The refund shall be credited to the user via the means of payment used when making the purchase. If the user requests to receive the purchased product again within 30 days, OPERA will deliver the product again after charging the user for not only the cost of the product, but also for restitution payments for the product to OPERA and storage costs. It is up to the consignee to check the conditions of the delivered product.

6.7 Once the goods have arrived, Customers are asked to thoroughly inspect the parcel before signing as proof of delivery. (OPERA’s packages are packed carefully in cardboard boxes and are sealed with adhesive tape).

If for any reason the parcel appears to have been tampered with and if the adhesive tape has been broken, Customers are asked to sign as acknowledgement of receipt with ‘goods unchecked’ or even to reject the delivery. In the event that the delivery had been accepted using a non-authorised signature or if there was evidence that the parcel had been tampered with, Customers are asked to immediately report these instances to the carrier and to contact OPERA at customercare@opera-italianattitude.com

6.8 Any products, including jewellery, fur coats and leather goods, may require C.I.T.E.S documentation (Convention on International Trade in Endangered Species of Wild Flora and Fauna). This document accompanies the product in question and serves to certify that the above-mentioned product is made from materials or hides which are permitted to be traded.

OPERA advises users to visit www.cites.org for more information.

In some cases the customs clearance at destination may request users to obtain an import license to be able to receive the parcel. If this is the case, any costs incurred to obtain the license shall be borne by the user and cannot be refunded by OPERA.

6.9 OPERA consignments are insured free of charge against theft and accidental damage for up to €20,000. Once the consignment reaches its destination, it is no longer covered by this insurance.

7. RECISSION

7.1 Users who have purchased products through the Website have the right to withdraw from the contract concluded between OPERA and themselves, without any penalty and without having to provide a reason, within 30 (thirty) days from the day the goods were received, if not specified otherwise.

If for any reason the user is not satisfied with his or her purchase, unused items may be returned for a refund within 30 (thirty) days from the day the goods were received. The Security Tag (Seal + Stub) on items to be returned must not have been cut or broken. Clothing must not have been worn, washed or altered and must not show any signs of use. Soles of footwear must be in perfect condition and have no marks on them whatsoever.

Every item of clothing must be returned together with all the original labels, packaging and accessories (Dustbags, hangers, plastic covers etc.) that were received with the order.

All footwear and accessories must be returned together with their original box, which for all effects and purposes is considered an integral part of the product itself and cannot be damaged and/or altered in any way, nor used as the sole outer packaging.

Returned items must be delivered inside their original OPERA box.

7.2 To request authorisation to return a product, the user must access his or her personal section on the website and complete the request email following the procedures indicated. Once this procedure has been completed, OPERA will send a confirmation email containing the Return Authorisation Number (RAN) and instructions to follow in order to return the goods. OPERA shall not be held liable under any circumstances for any loss or damage which occurs to the product during carriage. The Return Authorisation Number must be written on the consignment note, which must be completed as indicated by the email sent by OPERA’s Returns Department confirming receipt of the request.

7.3 One type of compensation is available:

  1. Partial refund: If an item is returned together with a refund request, the consignment return delivery and any import duties and possible local taxies shall be borne by the user. Returns from the USA, CANADA, SWITZERLAND, NORWAY AND LIECHTESTEIN may be subject to customs duty and possible additional local taxes.

The delivery cost of the return consignment, including any import duties and possible local taxes, shall be deducted from the final refund.

Partial refunds shall be issued on receipt of the returned item at OPERA’s head office and the products shall be checked.

The delivery of the return consignment must take place within 30 (thirty) days of receipt of the order.

ONLY FOR THE USA:

The delivery of the return consignment must take place within 30 (thirty) days of receipt of the order.

If the value of the goods to be returned by private individuals is greater than 2,500 USD, the US Customs and Border Protection require the ‘Electronic Export Information’ document (EEI). For more information, please go to:

https://help.cbp.gov/app/answers/detail/a_id/292/~/when-to-apply-for-an-electronic-export-information-(eei))

7.4 Pursuant to Art 57, comma II, of the Italian Consumer Code, the user is responsible for any loss of value to the product as a result of it being tampered with, apart from that which is necessary in order to establish the quality, characteristics and functionality of the goods. In this case, OPERA reserves the right to ask the user to pay for the proven loss of value.

7.5 In order to exercise the right of withdrawal, no insurance is required to cover goods on their return delivery for loss or accidental damages. However, seeing as the risk involved in returning the goods is borne by the consumer, OPERA asks customers who intend to exercise their right of withdrawal to insure the consignment of returned goods, at its own expense, for the value indicated in the purchase order confirmation email.

7.6 In compliance with Art 56, comma III of the Italian Consumer Code, OPERA will refund the user in as short a time as possible, only once the product has been returned or once it has been verified that the user has taken action to return the goods.
The amount to be refunded shall be credited to the same means of payment used to make the purchase, unless otherwise agreed with the user.
The date which appears on the bank statement for the credited amount will be the same as the original debited amount.

Any difference between the two amounts due to fluctuations in exchange rate may not be refunded.

7.7 Pursuant to Art 59 of the Italian Consumer Code, the right of withdrawal shall not apply to circumstances where the goods sold were products which were made to the customer’s specifications or customised; or which by virtue of their nature, cannot be returned or are liable to deteriorate or expire quickly; or sealed goods which do not lend themselves well to being returned for hygiene reasons or in the interests of health and have been opened following delivery.

7.8 Users who have purchased products subject to C.I.T.E.S (Convention on International Trade in Endangered Species of Wild Flora and Fauna) licenses and who decide to rescind the present contract concluded between OPERA and themselves, without any penalty and without any specific reason, within 30 days from the day of receiving the goods, are required to obtain the necessary documentation to be able to return the product and to bear the costs incurred, for which OPERA shall not be responsible, under any circumstances.

8. GUARANTEES AND NON-CONFORMING PRODUCTS

8.1 Products offered on the Website comply with both national and EU legislation in force in Italy.

8.2 Product descriptions available on the Website are those that vendors have communicated to OPERA, under their own responsibility. Product images and colours published on the Website may differ from those in reality due to local settings in the system and/or the tools used to display them. OPERA is not responsible for the lack of correspondence between ordered products and the product descriptions shown on the Website, in the event that the lack of correspondence is due to errors in the descriptions which can be attributed to the Vendor and for which OPERA was not and could not have been aware of, having applied normal due diligence.

8.3 All products sold on the Website are covered by the Legal Guarantee of Conformity as provided for in Art 128-135 of the Italian Consumer Code (‘Legal Guarantee’). The Legal Guarantee applies exclusively to consumers.

8.4 In the event of a lack of conformity between the purchased product and the description on the Website, the user shall be entitled to have the product repaired or replaced, free of charge, when possible with regard to the number of products still in stock and for sale and unless repairing or replacing the product results disproportionately costly for the seller in comparison to the value that the goods would have if they conformed, and to the extent of the lack of conformity. Alternatively, the user is entitled to have the contract rescinded or a reduction in price, in accordance with the provisions in force.

OPERA reserves the right to request photographic evidence before authorising returns for non-conforming goods and bears the delivery costs to return the goods to their own premises.

Returns authorised by OPERA must be consigned from the same country in which the original order was delivered to.

8.5 The seller is liable to the consumer for any lack of conformity present upon delivery of the product and which becomes evident within two years from the delivery. The lack of conformity must be reported to the seller, under pain of forfeiture of the guarantee, within two months from the day the non-conformity is discovered.

8.6 A lack of conformity under warranty, pursuant to the Italian Consumer Code, are those which arise within six months from the date of purchase, as it shall be assumed that a lack of conformity arising within six months from the delivery date already existed on that date, unless this presumption is incompatible with the nature of the product and with the nature of the lack of conformity. To be able to benefit from the Legal Guarantee, the user must therefore provide evidence of the date of purchase and of the date the goods were delivered.

8.7 In the event that the contract is rescinded, OPERA shall reimburse the price paid by the user, in addition to delivery costs and any additional costs.
If there is a reduction in price, OPERA shall reimburse the amount of the reduction previously agreed with the user.
In any event, the refunded amount shall be communicated to the user via email and credited to the means of payment used by the user when making the purchase.
The user shall agree upon the procedures to follow for delivering the returned good with OPERA’s Customer Services.

8.8 The Legal Guarantee does not apply to products which have been repaired, modified or altered in any way by the user. Similarly, the Legal Guarantee does not apply in the case of any damage, malfunction or any other kind of defect which can be attributed to accidental damage or to the user, or to the product having been used in a way which does not conform to its intended use and/or as provided for in the technical documentation accompanying the product, when present, or in the instructions for use relating to the product.

8.9 The conventional guarantees relating to sold products are those provided directly by the manufacturer.

8.10 OPERA shall not be held liable under any circumstances for breach of any one of the obligations laid down by the present General Conditions, in the event the breach was caused by an accident or force majeure, including but not limited to natural disasters, terrorist attacks, network failures and/or power cuts.

9. OBLIGATIONS AND RESPONSIBILITIES OF OPERA

9.1 OPERA undertakes to correct any errors present in the product descriptions on the Website in the shortest time possible from when these errors are reported. These errors can be reported by contacting OPERA’s Customer Services using the addresses and numbers indicated in the introduction.

9.2 OPERA shall not be held liable for any damages of any kind caused by installing and/or using the product in an inappropriate way or in a way that does not conform to the use provided for by the manufacturer, as well as any damages arising from accidents or force majeure.

9.3 OPERA shall not be held liable in the event of loss of receipts, of profits, of data or for any other indirect damage of any other kind caused by or in any way connected to the agreements subject to the ‘Terms and Conditions’.

9.4 In any event, OPERA shall not be subject to liability exceeding the total value of the purchase order.

9.5 OPERA shall not be held liable under any circumstances for breach of any one of the obligations laid down by the contract subject to the ‘Terms and Conditions’, in the event that the breach was caused by an accident or force majeure, including but not limited to natural disasters, terrorist attacks, network failures and/or power cuts.

10. SUSPENSION OF SERVICE

10.1 OPERA reserves the right to temporarily suspend, without prior notice, the provision of the Service for the time which is strictly necessary to allow for the necessary and/or appropriate technical interventions to improve the quality of these Services.

10.2 OPERA may interrupt the provision of the Service at any time for justified reasons relating to safety or to breaches of confidentiality, giving notice of such interruption to the user.

11. WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

11.1 The content of OPERA, including but not limited to the works, images, photographs, texts, musical compositions, sounds and videos, documents, designs, illustrations, logos and any other material in any kind of format, published on the Website, including in the menu, web pages, graphics, colours, tables, tools, characters, the website design, diagrams, layouts, methods, processes, functions and the software are protected by copyright and by any other intellectual property right owned by OPERA and other right holders. It is forbidden to reproduce, modify, duplicate, copy, distribute, sell or to make use of the Website images and content in any way without having received prior written consent from OPERA. It is also forbidden to use the Website content in any way for commercial and/or publicity purposes.

11.2 The content of OPERA with regard to art. 11.1 is usable free of charge.

11.3 OPERA reserves the right to research material to accompany its editorial content and shall not be held liable for the publishing of the latter: OPERA will see to modify or remove any content as soon as possible, when texts or images are considered misused. Please contact us at: support@opera-italianattitude.com

11.4 All other distinctive signs which serve to identify the products sold on the Website are registered trademarks of the respective right holders and have been licensed to OPERA for the purpose of identifying, describing and advertising products for sale on the Website.

It is forbidden to use any of the above-mentioned distinctive signs in a way which does not comply with the law and which has not been authorised. Under no circumstances can a distinctive sign on the Website be unjustly taken advantage of, owing to its distinctive nature or reputation, or be used in a way which is detrimental to the distinctive sign itself and to the right holder.

11.5 The user cannot alter, change, modify or adapt the Website or any material made available by OPERA under any circumstances.

12. PRIVACY POLICY

Data supplied to SAE COMUNICAZIONE INTEGRATA SRL (hereinafter ‘OPERA’) on pages of the website which can be accessed at URL www.opera-italianattitude.com (‘Website’) upon registration and subsequently in order to use the services provided by OPERA on each occasion shall be processed in compliance with the provisions of Legislative Decree 196/2003 with regard to personal data protection (‘Codice della Privacy’, the Italian Privacy Code). Pursuant to Article 13 of the Italian Privacy Code, SAE informs users of the following.

A. CONTROLLER OF DATA PROCESSING

The Controller of the processing of personal data is the company SAE COMUNICAZIONE INTEGRATA SRL, with head office at 4 Via Boccaccio, 20123 Milan, Italy, VAT No 082888250155; certified email address postmaster@pec.saecomunicazione.it, registered in the Companies Register of Milan under no. 08288250155 and with a share capital of 10.400 euros, (hereinafter the ‘Controller’).

B. TYPE OF DATA PROCESSED AND PURPOSES OF DATA PROCESSING

B.1 Users’ data are collected and used exclusively for purposes directly linked and instrumental to activate and operate the services provided by OPERA, to comply with obligations laid down by the law, a regulation or EU legislation and to exercise rights through legal action.

B.2 By creating an OPERA Account, the user consents to receive communications and commercial offers from OPERA relating and/or connected to OPERA services to the email address given at registration. Users may oppose the aforementioned processing either from the outset, by ticking the appropriate box during the registration process, or afterwards by sending an email to support@opera-italianattitude.com . In any event, users may still take advantage of OPERA’s services and make purchases by accessing the Website directly.

B.3. Additionally, the user’s email address and certified email address provided at registration to the www.opera-italianattitude.com website may be used by the Controller for the promotion of similar services to those subscribed to by the user, for sending advertising material exclusively relating to the above-mentioned products or services and to perform market research or to make business communications. Users may oppose the aforementioned processing either from the outset, by ticking the appropriate box during the registration process, or afterwards by sending an email to support@opera-italianattitude.com. Opposing this will not affect the provision of the services in any way.

C. MANDATORY NATURE OF DATA PROVISION

The provision of data requested when activating the services, for the purposes as outlined in the previous section 2.1 is mandatory, where strictly necessary for these services to be performed. Any refusal to provide such data will result in it not being possible for OPERA to complete the user registration process and to therefore supply the services.

Refusal to give consent for the other purposes outlined in section 2 shall not have any consequences for the provision of services.

D. DATA COMMUNICATION

The personal data of users may be transmitted to specific individuals or entities that have been appointed by the Controller of the provision of services and which is necessary and instrumental to fulfil the duties related to registering to the www.opera-italianattitude.com website and to purchasing online, within the limits and in accordance with the instructions given.

More specifically, data may be communicated to:

  1. individuals, companies or professional firms that provide assistance, consultancy or collaboration services to OPERA in the fields of accountancy, administration, law, taxation and finance;
  2. individuals or entities delegated and/or appointed by OPERA to carry out activities or part of the activities regarding the provision of services for sales such as customer services, even when this is outsourced; the designated logistics centre for the packaging of products purchased by the user; carriers appointed to deliver the purchased products; individuals or entities who carry out post-sales assistance on behalf of the Controller and any other external partner with whom communication is necessary in order to correctly comply with the duties assumed by OPERA in relation to its own contract of service;
  3. Public Administrations for the purpose of carrying out institutional functions within the limits laid down by the law or by regulations.

Users’ data cannot be circulated.

E. DATA PROCESSING PROCEDURES

Data is collected electronically and processed during registration, consultation, communication, retention and cancellation operations which are mostly carried out with the assistance of electronic tools, ensuring that the most suitable measures are employed to protect the processed data and to guarantee it remains private.

Users’ data is stored electronically and is saved and filed on a server owned by Server Plan Srl, Via G.Leopardi, 22 – 03043 Cassino (FR) Italy (opera-italianattitude.com ip address: 185.81.0.95) . The Controller declares that data stored on the server is protected against risk of intrusion and unauthorised access and declares to have adopted the appropriate security measures to ensure the integrity and availability of the data, as well as to secure the areas and premises concerned for the storage and accessibility of said data.

Personal data shall be processed by partners and/or employees of the Controller in the capacity as data controllers or appointed individuals, within the limits of their respective functions and in accordance with the instructions given by the Controller.

OPERA guarantees the maximum level of security in the management of users’ data. Credit/debit card details are only saved in an encrypted format and in accordance with the requirements provided for by the PCI certification. OPERA does not have access to confidential information relating to the credit/debit cards, as these are processed by intermediaries and by the issuing bank, pursuant to the Italian Privacy Code.

F. RIGHTS OF THE INTERESTED PARTY

Pursuant to Article 7 of the Italian Privacy Code, users are entitled at any time to receive confirmation of the existence of data which pertains to them and to know the reasons why this data is being used. Users are also entitled to request that their data be updated or rectified, removed or stopped and to object to all or part of the data being processed.

To be able to exercise the above-mentioned rights, as well as to receive information as to where this data is filed, which data is transmitted and who is able to view this data in the capacity as data controllers or appointed individuals, users may address the Controller.

Art 7 of Legislative Decree 196/2003 provides for:

The right to access personal data and other rights

  1. The interested party is entitled to receive confirmation of the existence or otherwise of personal data which pertains to themselves, even if this data has not yet been stored, and for this data to be communicated to them in an intelligible format.
  2. The interested party is entitled to receive indications as to:
  3. where the personal data originated from;
  4. the purposes and procedures for the data processing;
  • the logic behind any processing carried out with the help of electronic tools;
  1. the identification details of the Controller, of data controllers and of individuals appointed, pursuant to Art 5, comma 2;
  2. the entities or the kinds of entities to whom the personal data can be transmitted and who may be able to view the data in the capacity as delegated official within the territory of the State, as data controllers or appointed individuals.
  3. The interested party is entitled to:
    1. have their data updated, rectified, and when of interest, to request data integration;
    2. have their data removed or transformed into an anonymous format or to stop data processing in violation of law, including for any data which does not need to be retained for the purposes the data was collected or subsequently processed;
  • obtain evidence that the operations as outlined in letters a) and b) have been made known to the individuals whose data has been communicated or circulated, except where this compliance proves to be impossible or would result in using means which are disproportionately costly in comparison to the protected right.
  1. The interested party is entitled to fully or partly oppose:
  1. the processing of personal data pertaining to themselves for legitimate reasons, even when relevant for the purpose of the data collection;
  2. the processing of personal data pertaining to themselves for the purposes of sending direct advertising or sales material, for performing market research or making business communications.

To be able to exercise the above-mentioned rights, as well as to receive information as to where this data is filed, which data is transmitted and who is able to view this data in the capacity as data controllers or appointed individuals, please address the Controller by sending a request to the following email address: support@opera-italianattitude.com

G. COOKIES

The Website uses “cookies”, which are small data files that are saved on the user’s computer when he or she accesses a website or a page within a website. Cookies help OPERA to understand the purchase preferences of its users.

If users do not wish to accept the use of cookies, they can be deactivated by following the specific instructions which appear on the ‘Website’.

H. PERIOD FOR RETAINING PERSONAL DATA

Personal data processed for any purpose shall not be retained for longer than is necessary for that purpose in compliance with civil and tax obligations in force.

Pursuant to the Italian Consumer Code, Chapter I of Title III of section III

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