1. Terms of Use

Welcome to our website www.elisabettafranchi.com (the "Website"). These Terms of Use govern access to and use of www.elisabettafranchi.com. Access to and use of this Website are based on the assumption that the user has read, understood and accepted these Terms of Use. The Website is operated and maintained by The Level S.r.l. ("Provider"), with registered office at Piazza Arcole 4, 20143 Milan (Italy), VAT no. 12627050961, REA MI-1945372.

For assistance, the Customer Service area is available, where you will find information on orders, shipping, refunds and returns of products purchased on the Website, as well as a registration form and other general information about the services. The Provider can be contacted at [customer service email].

For any other legal information, please refer to the Terms of Sale, Returns Policy, Privacy Policy and Cookie Policy sections of the Website. The Provider may amend or update these Terms of Use, in whole or in part. Legal information and documents will always be available in their latest version in the footer of the website. All changes will be published on the Website and will be binding from the moment of their publication in this section. You are therefore advised to consult this area regularly. If you do not agree, in whole or even only in part, with the Terms of Use, please do not use the Website.

Access to and use of the Website – including viewing web pages, communicating with the Provider, downloading product information and making purchases – are carried out by users solely for any purchases for personal purposes and, in any case, unrelated to their own commercial, business, craft or professional activities. The user is solely responsible for their use of the Website and its content. The Provider is not liable for any use of the Website by users that does not comply with applicable laws, without prejudice to the Provider's liability for wilful misconduct and gross negligence. In particular, the user is solely responsible for providing incorrect or false information, or information concerning third parties (without their consent), and for any misuse of such data.

It is forbidden to use the Website and its Content (as defined below) for activities that may, even only potentially, infringe the rights or legitimate interests of the Provider, of the [TRADEMARK OWNER] or of third parties. Any abusive, non-compliant or unlawful acts committed by users will be prosecuted in accordance with the law, including through the legal instruments recognised for the protection of copyright, designs, trademarks and industrial and intellectual property rights in general.

Since all materials are downloaded or obtained through the service at the user's own initiative and risk, any damage to computer systems or loss of data caused by downloading is the sole responsibility of the user. The Provider disclaims all liability for damage resulting from the inaccessibility of the Website or the services, or caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, network or connection problems, unauthorised access, data alteration or malfunctioning of the user's electronic equipment.

The user is responsible for the proper storage and appropriate use of their personal data, including their login credentials for the services, as well as for any damage resulting from improper use, loss or removal of such information.

1.1 Rules for Using the Website

The User undertakes:

•           not to provide false, untrue, invented or fictitious personal information;

•           to ensure that the information they enter is adequate, correct and up to date;

•           not to attempt to collect, through the Website, personal information about third parties (e.g. email addresses);

•           not to disclose their personal data if they are under 16 years of age or without the appropriate supervision and authorisation of a parent or legal guardian;

•           not to use the Website and its subdomains for purposes that are, even only potentially, illegal, fraudulent, defamatory or discriminatory, or for unlawful activities;

•           not to attempt to tamper with any part of the Website in order to damage it or impair its operation;

•           not to probe, scan or test any vulnerabilities of the Website or of any network connected to it, nor to breach its security or authentication measures;

•           not to attempt to upload data, information or programs containing viruses, worms, bots, trojans, malware or other harmful or damaging code.

1.2 Privacy Policy

We recommend that you read the Privacy Policy carefully; it also applies when the user accesses the Website and uses its services without registering or without making any purchase. The Privacy Policy helps you understand how and for what purposes the Website collects and uses personal data.

1.3 Intellectual Property Rights

All content on the Website – works, images, photographs, dialogues, music, sounds and videos, documents, texts, drawings, data, technical information, logos and any other material, including menus, web pages, graphics, colours, screenshots, fonts and web design, diagrams, layouts, methods, processes, functions and software (collectively, the "Content") – is protected by copyright and by all other intellectual property rights of the [TRADEMARK OWNER] and/or the Provider and the other rights holders. The Website and/or its Content may not be reproduced in any form, in whole or in part, without the prior written consent of the [TRADEMARK OWNER] and the Provider.

The [TRADEMARK OWNER] and/or the Provider have the exclusive right to authorise or prohibit any direct or indirect, temporary or permanent reproduction of the Website and its Content. The user is authorised solely to view the Website and its Content and to make temporary, non-profit, transient or incidental reproductions that form an integral part of browsing. Any further reproduction must be authorised on a case-by-case basis. The user undertakes to respect the copyright of the authors of the individual works published on the Website and is not authorised to alter or modify protected Content without the consent of the rights holders.

1.4 Links to Other Websites

The Website may contain hypertext links ("links") to other websites not connected to the Website. The Provider does not control or supervise such third-party websites or their content and disclaims all liability for them, including the way in which personal data is processed during the visit. We recommend that you carefully read the terms of use and privacy notices of such websites. The Terms of Use and the Privacy Policy of the Website do not apply to third-party websites not operated by the Provider. The presence of links does not constitute a recommendation to access them, and the Provider gives no guarantees regarding the related content, services and products.

1.5 Links to the Website

To activate, share or create links to the home page or to other pages of the Website, you must contact the Provider at [customer service email] to request authorisation. The activation of links is granted upon request, free of charge and on a non-exclusive basis. Except for uses permitted by law, the display of pages, names, trademarks or Content of the Website within other third-party websites, by means of frames or similar systems (framing), requires the prior written authorisation of the Provider. The Provider may object to the activation of links if the applicant has engaged in unfair commercial practices or unfair competition. In any case, it is forbidden to use the Content, names and trademarks on the Website, including in information intended for search engines (meta tags), in such a way as to create confusion as to the origin of the content or the existence of relationships with and between the respective owners.

Users are in any case required to comply with Articles 2595-2601 of the Italian Civil Code and to refrain from acts of unfair competition and unfair or misleading commercial practices, including slavish or confusing imitation, to the detriment of the Provider, the [TRADEMARK OWNER] and/or other Users of the Website.

1.6 Content Disclaimer

The Provider has taken every possible measure to avoid publishing content depicting scenes or situations of physical or psychological violence that could offend civil sensibilities, human rights and dignity. The Provider does not guarantee that the content is appropriate or lawful in countries other than Italy; should such content be deemed unlawful in other countries, please do not access the Website.

The Provider has taken the necessary precautions to ensure that the Content is accurate and does not contain incorrect or outdated information at the date of publication, but disclaims all liability for the accuracy or completeness of the content, without prejudice to its own liability for wilful misconduct and gross negligence. The Provider does not guarantee the continuous operation of the Website without interruptions or malfunctions related to the Internet connection. In case of problems, you can contact Customer Service at [customer service email]. The Provider has adopted appropriate technical and organisational security measures to protect the services, data integrity and communications, in order to prevent unauthorised access and the risk of disclosure, destruction or loss of data.

1.7 Transparency on the Use of Artificial Intelligence

Pursuant to Article 50 of Regulation (EU) 2024/1689 (AI Act, as amended and supplemented), by way of first-level information, users are informed that this Website may also include texts, images, videos or audio generated or modified by means of artificial intelligence (AI). In line with technological developments, we integrate artificial intelligence responsibly and transparently, under human supervision, so that content is truthful, appropriate and not misleading.

Without prejudice to the ownership of the trademarks and intellectual and industrial property rights held by the Provider, the [TRADEMARK OWNER] and their respective owners, images and texts (e.g. those on the homepage or on the Product Detail Pages and Product Listing Pages) may be retouched, modified or occasionally generated by means of artificial intelligence, exclusively for aesthetic, presentation or technical purposes. They are in any case subject to manual review and refinement before publication, so that the representation of the product is faithful to its actual characteristics (colour, materials, design and use). All physical products for sale on the Website, including their technical descriptions and the colours and materials indicated in the respective product pages, faithfully correspond to reality.

In addition, some images may depict AI-generated virtual models in order to present the products in photorealistic settings and offer a clear, inclusive and diverse representation of the collections: where applicable, such images will be duly marked with a specific information notice visible on the Website.

1.8 Business Policy

The Provider's mission is to sell products through its services and the Website exclusively to "Consumers", meaning natural persons who use the Website for purposes unrelated to any commercial, business or professional activity they may carry out. Anyone not acting as a Consumer is asked not to use the services to purchase products on the Website. The Provider may refuse orders from parties other than Consumers or that do not comply with the Terms of Sale and these Terms of Use.

1.9 Governing Law

These Terms of Use are governed by Italian law.