Legal Notices

This website www.Bulgari.com (hereinafter referred to as the “Website”) is published by Bvlgari S.p.a., an Italian corporation with registered office at Via dei Condotti No. 11, Rome, Italy, and headquarters at Lungotevere Marzio No. 11, Rome - Fiscal Code 00388360588, VAT no. IT00875591000, R.E.A. no. 69511, registered in the Rome Companies Register under no. 2031/59, share capital € 24.500.000,00. Telephone no: +39 06 688101. The CEO of Bvlgari S.p.a. is Jean-Christophe Babin.

The Website is hosted by SFDC EMEA Data Centre Limited, a company incorporated in the United Kingdom, with registered office at Floor 26 Salesforce Tower, 110 Bishopsgate, London, United Kingdom, EC2N 4AY.

The access to the Website and the use of its content are subject to the terms provided hereinafter.

Website Terms of Use

Updated as of April 14, 2021

www.Bulgari.com (the “Website”) is a site operated by Bulgari S.p.a., Via dei condotti 11, 00187 Rome, Italy (“Bvlgari” “us”, “we”, or “our”). The purpose of these Website Terms of Use (“Terms of Use”) is to inform any potential user of the Website of its terms of use. Please read these Terms of Use carefully before using the Website.

Your access to and use of the Website as well as of any services provided by or through the Website is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Website.

Acceptance Of Terms

By accessing or using any part of the Website or services provided by or through the Website, you agree to accept and comply with these Terms of Use and notices on the Website and as may be modified from time-to-time by us without notice to you. These Terms of Use constitute a binding contract between you and us. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Website or any of the services provided by or through the Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If we do make changes, we will post an updated version of these Terms of Use on the website with an indication of their last updated date. When changes are made to these Terms of Use they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review these Terms of Use ― there may have been changes to our policies that may affect you. If you do not agree to these Terms of Use as modified, then you must discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to these Terms of Use as revised. We will make reasonable efforts to notify you of material changes to these Terms of Use. Such efforts might include posting notice on the Wesbite, an email to the address we have on file, or a message in your Account.

Contacts

For all questions relating to these Terms of Use, the products, your orders, any additional questions or requests for advice, you can contact our Customer Service in the “Contact us” section of the Website, through telephone (+1-800-Bvlgari), email or live chat, where available.

If applicable, online appointment booking is also available for several services in our boutiques, through the “Book an Appointment” section on the Website.

Links To Other Websites

Any information, statements, opinions or other information provided by third parties and made available on the Website are those of the respective author(s) and not us.

Bvlgari has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services, including liability under the Communications Decency Act, 47 U.S.C. § 230.

The Website may contain links to third-party websites or services that are not owned or controlled by Bvlgari. If you click these links, you will leave our Website. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Website, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

Accounts

The Website may allow you to register for accounts specific to you for ordering and other purposes (“Account”).

In general, you are not obligated to register for an Account in order to access the Website. However, certain sections and features of the Website are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on the Website at any given time and you may not allow other people to use your Account to access the Website.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to the Website by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Website and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Interactive Chat And Chatbots

Our Website may offer chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, an automated computer program or similar technology (“Chatbots”), or some combination of the two. You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.

The Website uses HERO® to offer personal shopping through Chats, SMS, and video calls. Bvlgari is not responsible or liable for the accuracy, security or reliability of any information provided by a HERO® Chatbot or HERO® live representative and cannot and does not guarantee the availability of the HERO® system. We cannot and do not guarantee that the HERO® application, system, or software will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. We encourage you to review HERO’s® Terms and Conditions.

Consent To Communication

When you use the Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Other Policies

These Terms of Use apply exclusively to your access to, and use of, the Website and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Website and to the purchase of certain merchandise or services and are included as part of this Terms of Use whether they reference this Terms of Use or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• Privacy policies
• Employment agreements
• Terms and conditions of sale
• Return policies

Other policies and agreements are typically found by navigating the Website, typically by checking the Website headers and footers and by reviewing hyperlinked terms at the point of sale. The Terms and Conditions of Sale are hereby incorporated by reference and made a part hereof.

Any sweepstakes, contests, or other promotions made available through the Website may be governed by specific rules that are separate from this Terms of Use. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.

We have also adopted privacy policies that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on the Website constitute or should be considered part or of an employment contract.

Mobile Applications

This Website may be available through mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

When you use our Mobile App, you are subject to additional terms from the App Store Provider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.

Other policies and agreements are typically found by navigating the Website, typically by checking the Website headers and footers and by reviewing hyperlinked terms at the point of sale. The Terms and Conditions of Sale are hereby incorporated by reference and made a part hereof.

If you downloaded the Mobile App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded the Mobile App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third-party service, check with the applicable App Store Provider to determine what additional terms may apply.

Content Submitted by You

You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you upload or transmit through the Website (“User Content”). You agree, represent and warrant that any User Content you transmit through the Website is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Website any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

User Content License: By submitting User Content to us directly or indirectly (including through the use of hashtags on third party social media platforms), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

Disclaimers And Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE WHATSOEVER SHALL BVLGARI, OUR AFFILIATES, SUBSIDIARIES, DIVISIONS, RELATED COMPANIES, AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE, UNLESS CAUSED BY THE RELEASEES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

OTHER THAN AS REQUIRED BY APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT WILL THE RELEASEES BE LIABLE FOR THE WEBSITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THE WEBSITE, OR FOR ANY LOSSES OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR $100.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, OFFER TO SELL, AVAILABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OF PRODUCTS OR INFORMATION FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. BVLGARI ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK.

The provisions under this paragraph Disclaimers and Limitations of Liability do not apply to consumers located in the State of New Jersey (United States of America).

Indemnification

You agree to defend, indemnify and hold the Releasees harmless from and against any and all claims, damages, suits, actions, judgments, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms of Use, excluding the gross negligence or willful misconduct of Bvlgari. Bvlgari reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bvlgari’s defense of such claim. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Authorized Use Of The Website

While using the Website, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Website or any other party’s use of the Website. In addition, we expect users of the Website to respect the rights and dignity of others. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, (ii) engage in any automatic means of accessing, logging-in or registering on the Website or any services or features offered on or through the Website, (iii) obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (iv) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (v) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Bvlgari’s or any third party’s intellectual property or other proprietary or legal rights; (vii) use the Website or the Website’s services in violation of any applicable law or these Terms of Use, (viii) upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising; (ix) transmit through the Website any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us; (x) reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website; (xi) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make; or (xii) build a competitive product or service using the Website, build a product or service using similar ideas, features, functions, or graphics as the Sites or determine whether the Website is within the scope of any patent. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Website for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking the Website does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, we grant to the operators of public search engines permission to use spiders to copy content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such content, but not caches or archives of such content. We may revoke these permissions at any time.

Prohibited Content

You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Bvlgari’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

Viruses, Hacking And Other Offenses

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

Termination

The Website and these Terms of Use are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may change, suspend or discontinue all or a portion of your access to the Website at any time without notice and with or without cause. Without limitation, we may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon any such termination, (i) you must destroy all content obtained from the Website and all copies thereof; (ii) you will immediately cease all use of and access to the Website; (iii) we may delete or disable access to any of your content at any time; (iv) and we may delete your Account at any time. You agree that if your use of the Website is terminated pursuant to these Terms of Use, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Intellectual Property And Trademarks

The trademark “Bvlgari”© and all trademarks, logos and service marks (the “Trademarks”) which appear on this Website are registered and/or unregistered Bvlgari trademarks and are the exclusive property of Bulgari SpA and/or any of its subsidiaries or affiliates. The Website, and all material, elements and content included on the Website (including, without limitation, drawings, designs, illustrations, photographs, text, characters, trade dress, software, computer code, sounds, videos, and graphics) which appear on this Website as well as the look and feel of and know-how related to the Website, are the exclusive property of Bvlgari and/or any of its subsidiaries or affiliates and the use by you of Bvlgari’s Trademarks or any such material, look and feel and know how, in any manner, is strictly prohibited. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any Trademarks or other material displayed on this Website without the written permission of Bvlgari. You have permission to electronically copy and print hard copies of pages from this Website solely in connection with non-commercial purposes related to placing an order or shopping with the Website. To copy or print copies of this Website under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such content pursuant to any licenses associated with such content, (3) not copy or post such content on any networked computer or broadcast it in any media, (4) make no modifications to any such content, and (5) make no additional representations or warranties relating to such content. Unless we give you specific permission in advance, any other use of this Website, its content and its information, are strictly prohibited.

International Users

The products referred to on the Website may only be available in the country/region to which that Website is directed and may not be available in your country/region. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY WEBSITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT WEBSITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES/REGIONS OTHER THAN THE COUNTRY/REGION FOR WHICH THE WEBSITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THAT IN WHICH THE WEBSITE IS OFFERED. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to Italian export controls and are responsible for any violations of such controls, including without limitation any Italian embargoes or other rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country/region in which you are a resident. Nothing in this Terms of Use affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms of Use heard by your local courts. These Terms of Use do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS TERMS OF USE, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS TERMS OF USE AND RESERVE THE RIGHT TO CONTEST THAT FENDIIT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE TERMS OF USE, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

U.S. Residents

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS TERMS OF USE.

Any dispute, claim or controversy arising out of or relating to these Terms of Use, other agreements on the Website, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by arbitration in New York, NY, United States of America, before one arbitrator or submitted to small claims court in New York County. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Terms of Use shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Terms of Use, including Rules 16.1 and 16.2 of those Rules.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of [insert desired state law], exclusive of conflict or choice of law rules. The parties acknowledge that this Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Terms of Use, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.

Prevailing Party: In any arbitration arising out of or related to these Terms of Use, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Terms of Use) with respect to any final award in an arbitration arising out of or related to this Terms of Use.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Fendi Americas, 555 Madison, 15th Floor, New York, NY 10022. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fendi may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Terms of Use unenforceable, that portion shall not be effective and the remainder of the Terms of Use shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Warranty; (b) Limitation of Liability; and (c) under International Users for U.S. Residents, the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Canadian Residents

L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Canadian Copyright Act: We are committed to complying with Canadian copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Canadian copyright law. Owners of copyrighted works who believe that their rights under Canadian copyright law have been infringed may take advantage of certain provisions of the Canadian Copyright Act (the “CCA”) to report alleged infringements. It is our policy in accordance with the CCA and other applicable laws to reserve the right to terminate the service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe in our sole discretion is infringing these rights. Any user who feels that a posted message is objectionable or infringing may send us a notice. Upon our receipt of a proper notice of claimed infringement under the CCA, we will seek to respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the CCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The Company-designated agent (i.e., proper party) to whom you should address such notice is: Bulgari S.p.a.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to us.cc@bulgari.com.

Governing Law

Except otherwise expressly provided, the laws of Italy (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms of Use and the other policies governing the use of the Website, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms of Use and the other policies governing the use of the Website shall be brought solely in the Courts of Milan, Italy.

Complaints

If you have a complaint regarding any form of abuse and/or any violation of these Terms of Use, please contact us through the “Contact us” section of the Website.

After you fill out and submit a report, we will review it and take action if appropriate.