COD Milano S.r.l., with registered office in Via San Miniato 10, Milan (hereinafter, COD), has created the portal camiciaondemand.it of which it has exclusive ownership.
When you visit or shop on the camiciaondemand.it portal (the “Site”), COD provides a set of Services, including a shirt rental, washing and ironing service as well as an online space available to Users, as defined below, through which it is possible to manage the services and check the status of orders (collectively, the “Services”).
Each User is invited to read our Privacy Policy, our Cookie Policy to understand how we collect and process personal data through the Services. COD provides its services under the following terms and conditions (“General Conditions of Use and Sale”).
Definitions
The following expressions shall have the meanings indicated below.
Contents:(i) files containing texts, images, audio and/or video recordings, data and/or information organized in a database and in any case all files, documents and/or information in any format that COD makes available through the Site or the Platform, or the Services, including any Content licensed by a third party; (ii) files containing texts, images, audio and/or video recordings, data and/or information organized in the database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to Visitors to the Site or the Platform.
Terms of Use: the Terms of Use and the provisions therein.
General Terms and Conditions: the general terms and conditions of sale, intended to establish the terms, methods and conditions governing the provision of the Services and the Partners’ products and services;
Personal Data: all personal information relating to each User, including the person’s name, address and telephone number, which may be collected through the Site or Platform.
Partners: Partners registered on the platform provided by COD who provide products or services connected and/or complementary to the Services (e.g. ironing, washing, buying and selling and/or renting shirts, logistics, etc.).
Customer: any User registered on the COD Platform.
Price: the price relating to the provision of Services that can be purchased by the Client through the Platform.
Site or Portal: the http://english.camiciaondemand.it domain, including any subdomains, any URL or portions thereof, and the software contained therein.
User: all natural persons (who are at least 18 years old) or legal entities who access or use the Portal even only as a visitor.
Platform: the innovative platform made available by COD Milano S.r.l.;
Subscription: contracts concerning the continuous supply of products and Services (hereinafter, Supply), concluded from time to time between COD and the Customer, following the subscription by the Customer of the Subscription through the Platform. The contracts that constitute the Subscription conditions consist of the T&Cs, the T&Cs and the order placed through the Platform, summarised in the Confirmation, as defined below;
Additional Services: the services of the Partners, such as ironing, washing, delivery and any other additional service presented on the Platform and available for purchase on it.
Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
The headings of the clauses of this contract have a descriptive function and do not influence their interpretation. Unless otherwise indicated, a reference to an article or a paragraph is intended to be understood as an article or a paragraph of these general conditions.
General Terms and Conditions of Use
COD invites you to read these general terms and conditions of use carefully before using the Services.
By using the Services, you fully accept these General Terms and Conditions of Use. COD offers a wide range of services, and you may be subject to additional terms and conditions from time to time. If you use a Service, you will also be subject to the terms, guidelines and general terms and conditions of sale applicable to that particular Service and set out below.
COD provides a set of Services, including an online space available to Users, through which it is possible to purchase and manage the shirt rental service as well as ancillary services such as ironing, washing, delivery and any other additional service presented on the Platform. The service provided by COD and the use of the Site and the Platform are subject to the application of these Terms and Conditions, the General Terms and Conditions and any other regulation or policy published by COD on the Site. If you disagree with any term or condition or subsequent modification thereof, or if you are dissatisfied with the Services offered by COD, your sole remedy is to immediately stop using the Site or the Platform and/or the Platform. COD has the right, but not the obligation, to strictly enforce the UGC through community moderation and litigation in the appropriate courts.
1 Description of the Site or Platform
The Site or Platform, the Platform and the Services include an online platform through which Users can: a) view and obtain information regarding the shirts available as well as related services; b) subscribe to the rental of shirts, also together with the supply of ancillary services; c) Provide data relating to the correct performance of the service as well as relating to the methods of payment for the same. COD selects the Partners and the services they provide for the benefit of the Customers. It is understood that COD has no control over the conduct of Users and/or Customers and/or Partners and excludes any liability in this regard to the maximum extent permitted by law.
2 Minors and Residence
2.1. COD does not offer services to minors. If you are under the age of 18, you may only use the Services with the involvement of a parent or guardian.
2.2.Il Site or the Platform, the Platform and the Services are intended exclusively for Users residing in the Italian Territory.
3 User Accounts
3.1. When filling in the forms provided in the section reserved for the Customer for the registration of the Account, a User Id and the preferred password are assigned.
3.2.La User-Id will allow the identification of the User, as the subject to whom the activity or services requested on the Site can be referred.
3.3. The Authentication Credentials are personal, confidential and non-transferable.
3.4. The User undertakes not to provide any incorrect or false information. In any case, COD cannot in any case be held responsible for the erroneousness or falsehood, blameless, culpable or malicious, of the information communicated by Users.
3.5. Each User undertakes to use only and exclusively the Account initially created, regardless of whether it has been registered under his own identity or under that of third parties. Under no circumstances may the User use the Third Party Account. Any derogation from this rule must be explicitly requested by the User from COD. The User may therefore proceed only with explicit and specific authorization from COD. In the absence of such explicit authorization, the creation or use of new accounts under one’s own identity or under that of third parties may result in the immediate and indefinite suspension of the User’s accounts.
3.6. The User who uses the Services, is required to keep his/her account and password confidential and to control access to his/her computer and devices, and agrees, to the extent permitted by applicable law, to be held responsible for all activities that will be carried out under his/her account and password. The User undertakes to take all necessary precautions to ensure that the password remains secure and confidential and undertakes to immediately inform COD in the event that he has reason to believe that any third party is aware of the password, or in the event that the password is, or presumably is about to be, used in an unauthorized way.
3.7. The User shall not use the Services: (i) in such a way as to cause, or may cause, interruptions, damage or malfunctions to the Services and its functionalities, or (ii) for fraudulent purposes, or in any case to commit illegal activities, or (iii) to cause annoyance, prejudice or apprehension.
3.8. COD reserves the right to prevent access to the Site or the Platform and/or the Services, to suspend or close an account, to remove or modify the contents of the Site or the Platform at its discretion, in the event of violation of the applicable legal provisions, these General Terms of Use or the applicable policies.
3.9.In any time, Users may delete their Account.
4 Offer to the public Purchases and subscriptions
4.1. All Products and prices indicated in the Services constitute an offer to the public with the limitations and methods contained in the Site, the T&Cs and the T&Cs.
4.2. COD does not produce clothing items or directly provide the Ancillary Services. As a provider of the Website or the e-Commerce Platform, COD facilitates transactions that take place on the Website and uses external Partners for the Provision of Ancillary Services.
4.3. The Client who intends to book or subscribe in order to obtain the Services and/or the Additional Services, makes the purchase on the Platform at the Price indicated from time to time on the dedicated page and available at the link http://english.camiciaondemand.it/#gallery.
4.4. Upon completion of the purchase of the Subscription, the Customer will receive a confirmation email from COD (hereinafter, the Confirmation) at the email address provided during registration. The Confirmation will contain a description of the Subscription subscribed to, an indication of the Services and Ancillary Services, as well as the duration of the Subscription.
4.5. The delivery of the Shirts is carried out by COD through one of the Partners. In the event of a non-delivery for reasons attributable to the Customer, COD reserves the right to charge the latter for the cost of delivery, together with a penalty of Euro 5.00.
4.6. Unless otherwise stated in the link in Paragraph 4.3 and in the Confirmation, the minimum duration of the Subscription is 52 weeks.
4.7. Following the subscription of the Subscription, the Customer will be entitled to obtain the shirts in a number equal to that indicated in the Confirmation. It is understood that the sole owner of the shirts is COD, who will be responsible for collecting them at the end of the Subscription, unless renewed. In any case, the possibility of redemption or purchase of the shirts covered by the Subscription by the Customer is excluded.
4.8. If, during the use of the Subscription, accidental damage to one or more shirts attributable to the Customer occurs, the Customer may ask COD to replace the shirt, subject to payment of a mandatory contribution of Euro 50.00 gross for each shirt replaced. It is understood that the replacement service referred to in this Paragraph is excluded in the event of damage due to wilful misconduct or gross negligence on the part of the Customer.
5 Withdrawal
5.1. The Customer has the right to terminate the Subscription early at any time under the conditions set out in this Article.
5.2. If the Customer intends to exercise the right referred to in Paragraph 5.1, he/she must send COD a declaration of withdrawal by registered letter with return receipt or certified e-mail containing at least the following data: (i) the Customer’s name and surname, (ii) the type of Subscription subscribed; (iii) any disputes about the Services and/or Ancillary Services, under penalty of forfeiture.
5.3. In any case of early withdrawal, COD has the right to apply a penalty equal to 50% of the monthly Price of the Subscription for each month of Subscription still remaining at the time of the exercise of the withdrawal.
5.4. Under no circumstances may withdrawal, even for just cause, entail the Client’s right to redemption or, in any case, to purchase shirts.
6 COD Responsibilities
6.1. Disclaimer of warranties
You agree that your use of the Platform and the Service offered to you is entirely at your own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranties and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law, and to the same extent, COD disclaims all warranties for the security, reliability, timeliness, accuracy, and performance of the Platform.
To the fullest extent permitted by law, COD disclaims all warranties for other services or goods received through or advertised on the Platform.
To the fullest extent permitted by law, COD disclaims any liability regarding the transmission of computer viruses or other harmful components in connection with the Site or Platform or Service.
6.2. Limitations of liability
Under no circumstances shall COD be held liable for damages to third parties or contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract entered into between the User, the Partner and third parties. This disclaimer covers, among others, direct, indirect, incidental, special, exemplary, and consequential damages, including: loss of profits, loss of data, or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.
This limitation of liability is also intended to extend to cases in which COD is informed of the possibility of such damages.
The damages to which the limitation of liability refers may result from: the use or misuse of the Site or the Platform or the Service, the inability to use the Site or the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Site or the Platform or the Service.
This limitation also applies with respect to damages incurred as a result of other services or products received through advertising or in connection with the Site or Platform or the Service or any link on the Site, as well as due to information or advice received through or advertised in connection with the Site or Platform or the Service or any link on the Site. These limitations apply to the fullest extent permitted by law.
7 Security and User Data
7.1. COD is not required to verify the exact identity of its Users nor can it confirm the identity of each User. The User who intends to register or subscribe to the Services by proceeding with the Registration and subsequently selecting the subscription to the Services guarantees that he/she is of legal age, and that the personal data provided are truthful, correct, updated, referring to the person who enters them or entered with the consent of the third party, assuming all responsibility for the correctness and truthfulness of the information provided. In the event of any changes in the data provided by the Users, it will be the responsibility of the latter to inform COD of the updates as soon as possible.
8 Content published on or through the Site or Platform
8.1. Content Sourced by Users
All Content published on the Site, transmitted through, or accessible via links from the Site or to the Platform, is the sole responsibility of the User from whom such Content originates. You are solely responsible for any Content you post, email, or otherwise make available through the Site or Platform. The User is aware that COD does not control and is not responsible for the Content made available through the Site or the Platform, and that by using the Site or the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading.
8.2.Link to other websites
The Site or Platform, Application and Services may contain links to third-party websites or resources. COD is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by COD of such websites or resources or the Content, products or services available from such websites or resources. You assume sole responsibility for and assume all risks arising from your use of such websites or resources or the Content, products or Services on or available from such websites or resources.
COD is also not responsible for the privacy policies or practices adopted on other websites. When a User of the Site or Platform clicks on a link that directs to another Site, the User is responsible for reading the privacy policies of that Site.
8.3. User Authorization
Without prejudice to the above, Users irrevocably authorize COD, and/or the other Users to whom COD grants the right, to use the Contents and any part or element thereof, without any restriction, all over the world, in perpetuity and in any case for the duration of the legal protection as sanctioned in every country in the world.
By way of example but not limited to, the aforementioned authorization also includes the right to:
– publish, disseminate, communicate to the public and make available to the public so that everyone can have access to it at the time and place chosen individually, in whole or even in part, by any means and/or technology and by any means (including interactive), currently known and/or developed in the future, the Contents through the Site or the Platform;
– for the purposes of the above, reproduce and modify the Content in any way or form to comply with the technological constraints imposed by the mode of operation of the Site or the Platform;
– authorise other Users of the Website or Platform to reproduce the Content in order to view it on their terminals using the Services and the Website or Platform.
The above rights are intended to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.
8.4. User Declaration
The User declares that he/she fully and legitimately has all the rights relating to the Contents (by way of example but not limited to: copyrights, image and/or personality rights in general, trademark rights and other proprietary rights, rights to protect confidentiality, rights relating to portraits, etc.) that he/she publishes on the Site.
The User expressly declares that where he/she is not fully the owner of the rights to the Content he/she publishes, he/she has been expressly authorized to dispose of the Content by the third parties who hold such rights and is therefore fully entitled to grant authorization to use the Content to the extent provided for in these Conditions.
You agree not to post any Content if such Content and/or its use:
– is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing information, or incites to commit crimes or is otherwise illegal in Italy or in the place where the User uses the Services or the Site or the Platform or under other applicable laws;
– violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;
– presupposes the possession by the User of authorizations, rights or requirements required by law that he or she does not have;
– infringes patents, trademarks, copyrights or other rights of third parties;
– contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Site or the Platform themselves;
– is in any way harmful to COD, to Users or to third parties.
The User guarantees the good quality of the Content that he/she publishes and the suitability of the same for the use for which it is intended.
The User undertakes to indemnify and hold COD harmless from any prejudice suffered by the latter due to Content published by the User in violation of the obligations provided for in this article.
9 Modifications and Waiver
9.1. COD reserves the right, at its sole discretion, to modify the Site or the Platform or the Services, or to modify these Terms and Conditions, at any time and without prior notice. In the event of changes to these Terms, they will be published on the Site or notified at the time of updating the Platform. The “Last Updated Date” at the end of these Terms will also be updated. The User is subject to the policies and terms of the General Conditions of Use in force from time to time at the time of using the Services. If the User considers such changes unacceptable, the only possibility will be to cease using the Site or the Platform.
9.2. If any provision of these terms is held to be invalid, void or for any reason unenforceable, such condition shall not affect the validity and effectiveness of the other provisions.
9.3.In the event of non-compliance by the User with these General Terms and Conditions of Use, the failure of COD to exercise the right to act does not represent a waiver of action for the violation of the obligations assumed by the User.
10 Intellectual and industrial property rights
10.1. Any Content transmitted to the Site or Platform by users, whether by electronic mail or by other means, for any reason, will be treated as non-confidential and non-proprietary. In the event that users own all rights to such communications or Content, they expressly grant COD and its designated licensors a non-exclusive, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and or use such material for any purpose, regardless of the form or medium (now known or now unknown) in which it is used.
10.2. The User undertakes not to publish on the Site any information that is confidential or protected as intellectual or industrial property rights, unless otherwise agreed in writing.
If a User of the Site or the Platform believes that his or her intellectual or industrial property rights or other rights have been violated by a publication on the Site by another User, the User himself, within 48 hours of discovering the violation, must immediately send a written communication to COD Milano S.r.l., e-mail: info@english.camiciaondemand.it.
To be effective, the notification must include:
– The physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted Content that you claim has been infringed;
– Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
– Identification of the material that you claim is to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
– A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
– A statement that the complaining party declares that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
– You agree that upon receipt of a notice of intellectual property infringement claim, COD may immediately remove identified materials from our Site without any liability to Users or any third party.
11 Indemnity
11.1. The User of the Site or Platform agrees to release, defend, indemnify and hold COD and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to:
– access to or use of the Site or the Platform, Services or Content by them or violation of these CUs by the Users themselves;
– the Content processed, transmitted, copied, sent, made available by the Users themselves;
– any of the following actions carried out by the User:
– interaction with any User;
– the request for a Service;
11.2. COD reserves the right, at its sole discretion, to organize the defense with a lawyer of its choice, against all legal claims, lawsuits or other causes requiring financial compensation put in place by the User, without the User being able to object to anything.
12 Relationship between the parties
12.1.COD, the Customers, Partners and Users are independent parties, each acting in its own name and for its own purposes. These Terms of Use do not create any subordination, agency, representation, association, brokerage, partnership, employment or franchise relationship between COD and any User of the Site or Platform.
12.2. Nothing in the Terms of Use, COD policies, or any other material shall be deemed to establish, create, give effect to or otherwise recognize a company, agency, joint venture or formal business entity of any kind, or to create a fiduciary relationship between the Parties.
12.3.The rights and obligations of the parties shall be limited to those expressly set out herein.
13 Conciliation of extra-judgments
13.1.Ai accordance with Article 49 paragraph 1 letter V of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the Final Customer may use the joint conciliation procedure (the “Joint Conciliation”). as provided for by art. 66 of the Consumer Code.
13.2.La procedure may be initiated if, with reference to the services rendered by COD, the End Customer, after having submitted a complaint to COD, has not received a response within 30 days or has received a response that is not considered satisfactory by him.
13.3.Il complaint must be sent to COD Milano S.r.l., by e-mail to the following address: info@english.camiciaondemand.it.
13.4.La European Commission provides a platform for online dispute resolution, the Final Customer who decides to use the Joint Conciliation procedure can send a complaint to this link: https://ec.europa.eu/consumers/odr/ .
14 Governing Law and Jurisdiction
14.1. These T&Cs shall be governed by and construed in accordance with the laws of the Republic of Italy.
14.2. If the End Client acts as a consumer, the Court of the place where he resides or has his domicile will have jurisdiction for any dispute relating to these T&Cs.
14.3. For all disputes other than those regulated by the previous paragraph, concerning the validity, interpretation or execution of these General Conditions of Use, the Court of Milan shall have exclusive jurisdiction.
15 Additional Conditions
15.1.COD is not responsible for the relationships and Supply Contracts created between Users or Customers and/or Partners.
15.2. The headings of the clauses of the Terms of Use have a descriptive function and do not influence their interpretation.
The User agrees that the rights and obligations contained in these CUs, as well as any other documents that are incorporated into them by reference may be freely and legitimately transferred by COD to third parties in the event of a merger or acquisition, or other event.
15.3.In any case, through the Site or the Platform, Users undertake to comply with all national and international laws and all regulations currently in force for the use of COD Services in relation to the activities carried out on the Site by the Users themselves. No derogation from these Terms of Use will be granted without the written authorization obtained and a new contract signed between COD and the User.
15.4. All communications to the attention of Users will be sent to the e-mail address provided at the time of registration on the Site. Messages and notifications are deemed to have been received 24 hours after the email is sent, unless a notification has been received indicating that the email address is invalid or non-functional.
Last update: 30/06/2019