TERMS AND CONDITIONS

 

This website, mobile application or social media platform (“Site”) is operated by MIA PRODUCTION SRLS and its related entities, affiliates and subsidiaries, collectively referred to as “MIA LA BOUTIQUE”.

Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy, Cookies and Data Protection Policy (collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.

REPRESENTATIONS & WARRANTIES + -

You hereby declare that:

you have read and accepted the Web Terms in its entirety;
 

you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either;

accessing this Site, using the Services and contracting in your own personal capacity; or
accessing this Site, using the Services and contracting on behalf of a corporation or another legal entity.
 

you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
 

all of the information provided by you to MIA LA BOUTIQUE (including personal particulars and contact information) is accurate and complete.

DEFINITIONS + -

In this Agreement, the following definitions shall apply unless the context does not permit it:
Account is defined in Clause 5.1.
 

Agreement means the agreement formed by the Web Terms.
 

MIA LA BOUTIQUE CONTENT  means all Content of MIA LA BOUTIQUE that is made available on or via this Site.
 

Computer means your computer; notebook computer; personal digital assistant; mobile phone; tablet device; or other electronic device used to access this Site or the Services.
 

Content means product listings; product descriptions and reviews; materials; information; news; advertisement; listings; data; input; text; songs; audio; video; picture; graphics; software; blogs; webcasts; podcasts; broadcasts; messages; software; comments; suggestions; ideas; and other content.
 

Linked Sites means website links that appear on the Site.
 

Marks means the logo, trademarks and service marks used on the Site.
 

Privacy Policy means  MIA LA BOUTIQUE’s Privacy, Cookies and Data Protection Policy as reflected on the Site, which might be amended from time to time.
 

Products means MIA LA BOUTIQUE products ordered and/or services provided on this Site.
 

Servers means the computer software; systems and servers hosting; and operating, managing, providing or contributing to the Site and the Services.
 

Services is defined in Clause 3.2.
 

Site means the website www.mialaboutique.com EU
 

Third Party Products means products and services from third parties that are advertised on or available at the Site or websites linked from the Site.
 

Third Party User Content means all User Content that is not created, transmitted, posted or uploaded by you.
 

User Content means all Content on this Site that is created, transmitted, posted or uploaded by a user of the Site.
 

Web Terms means the Site terms and conditions as well as the Privacy, Cookies and Data Protection Policy.
 

The words "include" and "including" shall not be understood as having any limiting effects.
 

The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

SITE AND SERVICES + -

The Site is owned and maintained by MIA LA BOUTIQUE.

 

MIA LA BOUTIQUE may now or in the future offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):
online ordering of Products
 

access to Content
 

search engines or tools
 

a platform to create, upload and publicly make User Content available
 

product reviews and catalogs; message boards; forums; blogs; and communication tools
 

any other features, content or applications that MIA LA BOUTIQUE may offer on the Site from time to time in its sole and absolute discretion.
 

You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will agree to the Web Terms.

CONTENT USE CONDITIONS + -

You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or have any access to:

any Service
 

the Site
 

any MIA LA BOUTIQUE Content except with prior written consent from MIA LA BOUTIQUE or unless expressly permitted in these Web Terms
 

any User Content except with prior written consent from MIA LA BOUTIQUE and the owner of the specific User Content, unless you are the sole owner of said User Content.
 

Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, MIA LA BOUTIQUE Content, or Third Party User Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of MIA LA BOUTIQUE.
 

All MIA LA BOUTIQUE Content are the copyrighted work of MIA LA BOUTIQUE or its content or software providers. MIA LA BOUTIQUE reserves and retains all rights to its Content. Use of some MIA LA BOUTIQUE Content may be governed by the terms of an accompanying end user license agreement.
 

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any MIA LA BOUTIQUE Content available on the Site or through a Service except under specific circumstances expressed and permitted by law or by MIA LA BOUTIQUE in writing.

PASSWORD & ACCOUNT + -

MIA LA BOUTIQUE may require you to register an online account ("Account") to enable you to access and use certain parts of this Site or access certain Services.
 

You agree that your Account is for your sole, personal use. You agree not to:

share with or permit others to use your Account
 

assign or otherwise transfer your Account to any other person or entity
 

use your Account for commercial purposes
 

You shall provide MIA LA BOUTIQUE with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of this Agreement, which may result in the restriction, suspension or immediate termination of your Account. You will keep your Account information updated at all times to ensure it is accurate, current and complete.
 

As part of the Account registration process, you will select a password ("Password") and user identification ("User ID"). You may not:

select or use a User ID of another person with the intent to impersonate that person
 

use a name that belongs to another person without authorisation
 

use a User ID that MIA LA BOUTIQUE, in its sole discretion, deems inappropriate or offensive.
 

You shall promptly notify MIA LA BOUTIQUE of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You will be responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
 

You will be responsible for, and MIA LA BOUTIQUE shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
 

You will be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
 

MIA LA BOUTIQUE shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
 

You agree that MIA LA BOUTIQUE reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. MIA LA BOUTIQUE shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

USE OF ACCOUNT INFORMATION + -

By providing the information requested for your Account, you consent to MIA LA BOUTIQUE’S use and disclosure of all such information for the purposes set out in our Privacy Policy.
 

SUSPENSION AND TERMINATION OF ACCOUNT
 

You agree that MIA LA BOUTIQUE has the right in its sole and absolute discretion and without notice to:

restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason
 

without prejudice to the generality of the above, MIA LA BOUTIQUE reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any terms in this Agreement or if MIA LA BOUTIQUE believes you have been using the Account for unlawful and/or undesirable activities.
 

You agree not to hold MIA LA BOUTIQUE liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your Account.

INTELLECTUAL PROPERTY + -

The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, and all MIA LA BOUTIQUE Content, including, and without limitation, User Content copyright, shall remain with MIA LA BOUTIQUE. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by MIA LA BOUTIQUE. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by MIA LA BOUTIQUE.
 

The Marks displayed on this Site are the property of MIA LA BOUTIQUE or other third parties, and all rights to the Marks are expressly reserved by MIA LA BOUTIQUE or relevant third parties. You are not permitted to use any Marks without the prior written consent of MIA LA BOUTIQUE or such third party. MIA LA BOUTIQUE aggressively enforces their intellectual property rights to the fullest extent of the law. The name of MIA LA BOUTIQUE or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from MIA LA BOUTIQUE.
 

The domain name on which the Site is hosted on is the sole property of MIA LA BOUTIQUE and you may not use, or otherwise adopt a similar name for your own use.

ONLINE CONDUCT + -

You hereby agree:

to comply with these Web Terms, and other notices or guidelines that may be posted on the Site by MIA LA BOUTIQUE from time to time (which shall be incorporated by reference into these Web Terms);
 

not to use any Service or MIA LA BOUTIQUE Content for any unlawful purpose, and to comply with all applicable laws and regulations, including and without limitation to copyright law
 

not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair how the Site, Services or Servers work. This includes denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming
 

not to use the Account of another user at any time, with or without his/her permission.

USER CONTENT & LICENCE + -

You agree to exercise respect and to act reasonably when participating in any community feature as part of the Services which allows you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.
 

You may not submit, upload or publish on the Site or through MIA LA BOUTIQUE:

any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or third party rights, or would otherwise encourage the violation of any law or the proprietary or any other third party rights
 

any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer
 

without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively "Improper Works").
 

If, at any time you upload or post User Content to the Site you automatically:

grant MIA LA BOUTIQUE and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers
 

represent and warrant that:

all User Content are your own original works and creations and will not infringe the copyright or any other intellectual property or other rights of any third party
 

none of the User Content are proprietary or confidential
 

none of the User Content are Improper Works, nor will they expose MIA LA BOUTIQUE to any civil or criminal proceedings in any part of the world
 

the use of MIA LA BOUTIQUE and other users for the purposes and in the manner set out in this Clause 10.3, and the hosting of the User Content on the Servers by MIA LA BOUTIQUE will not require any further licences from, or infringe any intellectual property or other rights of, any third party
 

without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively "Improper Works").
 

MIA LA BOUTIQUE at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, MIA LA BOUTIQUE may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which MIA LA BOUTIQUE believes are Improper Works, or which is the subject of any dispute.
 

You agree to indemnify and hold MIA LA BOUTIQUE and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
 

The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 10.3), and subject to MIA LA BOUTIQUE’S rights in the compilation of all User Content.

DISCLAIMERS & LIMITATIONS + -

While we make every effort to ensure that all MIA LA BOUTIQUE Content displayed on the Site is accurate and complete, we provide the MIA LA BOUTIQUE Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, MIA LA BOUTIQUE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, MIA LA BOUTIQUE does not warrant that the functions contained in or access to the Site, Services, MIA LA BOUTIQUE Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, MIA LA BOUTIQUE Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any MIA LA BOUTIQUE Content in or with any Computer will not affect the functionality or performance of the Computer. MIA LA BOUTIQUE does not warrant or make any representations regarding the use or the results from the use of MIA LA BOUTIQUE Content, Services, Site or Servers in terms of their accuracy, completeness, reliability, or otherwise. You (and not MIA LA BOUTIQUE) will assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold MIA LA BOUTIQUE liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of MIA LA BOUTIQUE.
 

The data and information made available on the Site are of a general nature and do not mean, and shall not in any way constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. MIA LA BOUTIQUE does not sponsor, endorse or promote any products, services or information.
 

You acknowledge that it is not MIA LA BOUTIQUE‘S policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that MIA LA BOUTIQUE does not endorse and shall not be responsible for any such content.
 

You acknowledge and agree that MIA LA BOUTIQUE does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and MIA LA BOUTIQUE hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
 

You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. MIA LA BOUTIQUE shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
 

You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion.
 

You agree that:

MIA LA BOUTIQUE shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason
 

access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors
 

and in any such an event, MIA LA BOUTIQUE shall not be liable for any loss, liability or damage which may be incurred as a result
 

In no event shall MIA LA BOUTIQUE be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the MIA LA BOUTIQUE Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that MIA LA BOUTIQUE is found to be liable for damages despite the foregoing provision, you agree that MIA LA BOUTIQUE ‘S aggregate liability to you for any and all causes of action in relation to the MIA LA BOUTIQUE Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to MIA LA BOUTIQUE for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Terms and Conditions of Sale.
 

Under no circumstances, including, but not limited to negligence, shall MIA LA BOUTIQUE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the MIA LA BOUTIQUE Content, Services, Third Party Products, Site, or any other website, even if MIA LA BOUTIQUE or a MIA LA BOUTIQUE authorised representative has been advised of, or should have foreseen, the possibility of such damages.
 

You agree that the above exclusions and limitations of liability enable the Services and the MIA LA BOUTIQUE Content may be provided at a reasonable cost to you.

LINKED SITES + -

MIA LA BOUTIQUE may provide links to Linked Sites that may be of relevance and interest to our users. MIA LA BOUTIQUE has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites.
 

MIA LA BOUTIQUE does not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.

DATA USE & PRIVACY + -

Please do not submit any personal information or data without first reading our Privacy, Cookies and Data Protection Policy which explains our data use and privacy practices in detail.

TERMINATION + -

You agree that MIA LA BOUTIQUE has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.

NOTIFICATION OF INFRINGEMENT + -

MIA LA BOUTIQUE reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect to MIA LA BOUTIQUE Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify MIA LA BOUTIQUE in writing immediately ("Infringement Notice").
 

All Infringement Notices shall be sent to MIA LA BOUTIQUE in the following format:
 

Ecommerce Manager

MIA PRODUCTION SRLS

CORSO VITTORIO EMANUELE II, 87

00186 ROME

 SHOP@MIALABOUTIQUE.COM

 

MIA LA BOUTIQUE will, in response to all Infringement Notices submitted in the above manner, undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against MIA LA BOUTIQUE in respect to any Infringing Material, unless you have first given MIA LA BOUTIQUE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter MIA LA BOUTIQUE refuses or fails to remove the Infringing Material within a reasonable time. If MIA LA BOUTIQUE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against MIA LA BOUTIQUE under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by MIA LA BOUTIQUE.
 

You acknowledge and agree that MIA LA BOUTIQUE has no control and cannot undertake responsibility or liability in respect to Infringing Material appearing on Linked Sites or other third party sites.

JURISDICTIONAL ISSUES + -
INDEMNITY + -

You agree to indemnify and hold MIA LA BOUTIQUE, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that MIA LA BOUTIQUE, and its officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of:

any use of the Site or any Site
 

your connection to the Site
 

your breach of any terms and conditions of these Web Terms
 

your violation of any rights of another person or entity
 

your breach of any statutory requirement, duty or law

VARIATION + -

MIA LA BOUTIQUE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. MIA LA BOUTIQUE may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
 

MIA LA BOUTIQUE may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.

SEVERABILITY + -

If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto, or if any court of competent jurisdiction in a final decision so determines these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.

RELATIONSHIP OF PARTIES + -

Nothing in these Web Terms shall constitute or be considered to constitute as an agency, partnership or joint venture between MIA LA BOUTIQUE and you. Neither party shall have any authority to bind the other in any way.

WAIVER + -

No waiver of any rights or remedies by MIA LA BOUTIQUE shall be effective unless made in writing and signed by an authorised representative of MIA LA BOUTIQUE.
 

A failure by MIA LA BOUTIQUE to exercise or enforce any rights conferred upon it by these Web Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

FORCE MAJEURE + -

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below). This is provided that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event ceases or abates.
 

For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. These include, industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

RIGHTS OF THIRD PARTIES + -

A person, or entity, who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

GOVERNING LAW & JURISDICTION + -

These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
 

You hereby agree to submit to the exclusive jurisdiction of the Italian courts.

LANGUAGE + -

Should there be any inconsistency between the English language version of this Terms of Use and any translation hereof, the English language version shall prevail.

CONTACT + -

If you have any questions or concerns about these Web Terms or any issues raised in these Web Terms or on the Site, please contact us at shop@mialaboutique.com