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1. Site activity
2. Site content and intellectual property
3. Third-party content
4. Product information
5. Product purchase
6. Order processing
7. Payments
8. Shipping and delivery
9. Pricing
10. Pick up in store
11. Vouchers and Discounts
12. Defective and non-conforming Products
13.Product exchanges and returns
14. DISCLAIMER OF WARRANTIES
15. LIMITATION OF LIABILITY
16. Indemnification
17. Claimed copyright infringement
18. Choice of law
19. Communications
20. Miscellaneous
This site ("Site") is owned and operated by Brunello Cucinelli S.p.A, Viale Parco dell’Industria 5, Frazione Solomeo – Corciano (PG), Italy ("Brunello Cucinelli").
Every user visiting and using this Site (“User”) accepts and is bound by the provisions set out in these Terms and Conditions. Visitors in disagreement with the provisions of these Terms and Conditions should immediately leave this Site.
Brunello Cucinelli reserves the right to modify, add or delete any part of these Terms and Conditions at any time without prior notice.
Any amendment to these Terms and Conditions will be immediately effective after being posted on this Site and will govern all the subsequent activities on the Site.
Continued use of this Site confirms your acceptance of any such modifications.
1. Site Activity
This Site displays and promotes the sale of products marketed under the registered trademark "Brunello Cucinelli" ("Products").
These Terms and Conditions govern the rights, duties and obligations of Seller and of customers ("Customers", as defined under the following Section 5) with respect to the sales of Products and the correct processing of any order on this Site ("Order").
Brunello Cucinelli USA INC, 466 SAW MILL RD, Ardsley 10502 (NY), U.S.A. is clearly identified as the seller ("Seller") in the purchase confirmation submitted to the Customer when the Order is accepted and executed ("Purchase confirmation").
This Site includes multiple features to promote the sale of Products and enable Users to make informed purchase decisions, such as the ability for Users to:
• Complete online purchases of Products;
• Register on the Site and activate the “Your Page” personal area to access dedicated areas and content;
• Subscribe to mailing lists to receive newsletters regarding Products and initiatives of the Site;
• Participate in promotional activities;
• Carry out other activities in strict accordance with the Site’s policies.
Users are required to:
• Provide true and accurate personal information when they register to the Site and/or submit Orders;
• Ensure that their personal information stored on the Site is constantly updated;
• Read the Privacy Policy;
• Store their credentials to access the “Your Page” area in a safe place.
Every User shall act in accordance with these Terms and Conditions, the Privacy Policy, the Cookie Policy, and all applicable laws and regulations.
Brunello Cucinelli reserves the right to terminate or suspend access to, or use of, the Site by a User, without prior notice, if Brunello Cucinelli considers that the User has violated these Terms and Conditions or that suspension or termination are appropriate for security reasons.
2. Site content and intellectual property
All trademarks, trade names, brands, logos, images, text, product names and other content displayed on this Site and the copyrights, trademarks, trade dress and other intellectual property in such materials (collectively, "Contents") are the exclusive property of the Brunello Cucinelli Group, its licensors or content providers.
Unless clearly stated otherwise, these Terms and Conditions do not confer any right or power to Users, Customers or third parties to use any Contents displayed on the Site.
This Site is for personal, non-commercial use only.
The Products sold on this Site are not meant for resale.
No User or third party may modify, copy, publish or otherwise exploit any Contents included in the Site without the prior written consent of the Brunello Cucinelli Group or of the relevant content owner.
3. Third party content
This Site may include, use or display content created by third parties, information from public sources and/or links to other websites or web pages managed by third parties (collectively, "Third Party Content").
Users acknowledge and agree that Brunello Cucinelli bears no responsibility for any information, content, products, services or any other material on any third-party website or platform, and that links to third-party sites do not represent an endorsement or approval of any Third-Party Content.
Brunello Cucinelli does not control or monitor any Third-Party Content, does not assume any responsibility for its accuracy, security or reliability and cannot guarantee that such Third-Party Content is free of malfunctions, viruses or other features that could damage data and/or property of the Users.
Brunello Cucinelli disclaims any liability to the User for any loss or damages the User incurs arising out of or related to the access, use, reliance on any Third-Party Content on the User’s part.
4. Product information
All information about the Products published on this Site is for descriptive or promotional purposes only ("Product information").
DESPITE A STRONG COMMITMENT TO ENSURE THAT PRODUCT INFORMATION IS ALWAYS ACCURATE AND UPDATED, BRUNELLO CUCINELLI DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE CORRECTNESS, COMPLETENESS, ACCURACY OR TIMELINESS OF PRODUCT INFORMATION, INCLUDING, FOR EXAMPLE, DESCRIPTIONS OF PRODUCTS, SERVICES, PRICES AND/OR INDICATIONS OF AVAILABILITY.
The look and the colours displayed on the Site depend on the settings of the device of the User. Brunello Cucinelli cannot ensure that the User's device will display colours of the images correctly as posted on this Site.
This Site may, temporarily or permanently, modify or remove some of the Products and/or services, or change the Product prices, without giving any notice to Users about the fulfilment of these changes.
5. Product purchase
Customers – meaning only natural persons eligible to execute and perform binding agreements according to the applicable law or under parental (or guardian) consent, when needed, acting for purposes outside of their trade, business or profession - are eligible to carry out an Order on this Site.
Customers must carefully read these Terms and Conditions before completing any Order. By placing an Order on this Site, Customers agree with these Terms and Conditions.
When placing an Order, Customers must provide all the personal information required by the Site, including but not limited to their own first name, surname, birth date, email address, billing and delivery address. All such information must be true, accurate and up to date.
Customers cannot make any purchase under someone else’s identity unless strictly authorized to do so by the identity holder.
6. Order processing
Prior to completing an Order, every User shall:
a) Review the purchase details at checkout;
b) Accept explicitly these Terms and Conditions by ticking the relevant checkbox; and
c) Submit the Order electronically to the Site.
Upon receiving an Order, the Seller will immediately send an Order summary to the Customer by email ("Order summary"). The Order summary communicates to the Customer that the Order has been received. It does not imply acceptance of the Order by the Seller.
Customers must verify that all information in the Order summary, including but not limited to all details concerning the Products, the delivery address and all personal information, is correct. If any information in the Order is not correct or accurate, Users must promptly inform the Seller by using the Contact us page.
Customers are also encouraged to store an electronic copy of the Order summary and to refer to the unique identifying number of the Order included in the Order summary when contacting the Brunello Cucinelli Customer service (“Customer Service”).
All Orders are subject to availability in stock and acceptance by the Seller.
If only some of the Products ordered are available, the Seller will promptly contact the Customer by email to verify their interest in the fulfilment of (a) a partial Order, (b) of a full Order but in multiple shipments or (c) whether they intend to cancel the Order.
An Order can be deemed as accepted, and the relevant contract for the sale of the Products between the Seller and the Customer as formed, only when the Seller dispatches the Products and submits the Purchase confirmation to the Customer by email.
Until then, the Seller retains the right to refuse any Order at its sole discretion, including but not limited to the following circumstances:
• The User does not meet the eligibility-to-purchase requirements according to these Terms and Conditions;
• Shipment of parcels to the delivery address indicated in the Order is restricted, impossible or extremely difficult;
• The Product is no longer in stock.
THE SELLER CANNOT BE HELD LIABLE BY REASON OF WITHDRAWING ANY PRODUCT FROM THE SITE AFTER AN ORDER SUBMISSION OR FOR REFUSING TO ACCEPT ANY ORDER. IT MAY ALSO UNINTENTIONALLY HAPPEN THAT THE SITE SHOWS AS AVAILABLE PRODUCTS THAT ARE ACTUALLY UNAVAILABLE AT THAT MOMENT.
The Seller intends to notify Users of any refusal of Order in a prompt manner.
7. Payments
Customers can make payments ("Payments") of the Purchase price by using all major credit and debit cards and other electronic payment methods (collectively, "Payment methods").
In case of Credit Card payments, the Seller will debit the Purchase price to the Customer via the selected Payment method only when the Order is accepted.
However, prior security checks to prevent insolvency or fraud may take place, or an authorisation hold or pre-payment may be carried out to verify that the Payment method used by the Customer is active and available for Payment.
The Seller does not directly process any credit/debit card details or other financial information of the Customer and uses a primary payment gateway ("Payment gateway") to authorize any Payment.
The Payment gateway protects the credit/debit card details by encrypting sensitive information to ensure that such information is passed securely between the Customer and this Site, on one side, and between this Site and the payment processor, on the other side. However, the Seller cannot be held liable for any error, negligence or wrongdoing referable to how the Payment gateway has managed the financial transaction linked to the purchase of the Products on this Site.
This Site also uses Secure Sockets Layer (SSL) technology to guarantee a higher standard of safety on any purchase of Products.
8. Shipping and delivery
Orders are delivered by courier service to the following countries.
Customers can track the shipping progress of their Orders by using the unique tracking reference number supplied to the Customer when shipment is confirmed by e-mail.
The Seller is strongly committed to completing each Order in the most efficient and seamless way. Nonetheless, any estimated delivery time indicated in the Order summary should be used as a guideline only. The estimated delivery time starts from the date of dispatch.
The Seller cannot be held liable for any delay in delivery that is not due to its negligence, including but not limited to force majeure, customs clearance processes, strikes, natural disasters, any other fact pertaining to the supply of courier services or any other circumstance outside of the control of the Seller.
Customers should plan to be available to receive the Products without any undue delay.
In the event of a first unsuccessful delivery attempt, the Courier will notify the Customer to rearrange delivery. If all delivery attempts have failed, the courier will return the package to the Seller. In this case, Customers are invited to contact the Seller immediately for further instructions by filling out the contact form on the Contact us page.
9. Pricing
All prices of Products, shipping charges and other costs debited to the Customer (collectively, the "Purchase price") published on the Site are expressed in USD.
The full Purchase price will be repeatedly shown at checkout, in the Order summary and in the Purchase confirmation.
Unless specifically stated otherwise, all shipping charges on an Order will be debited in full to the Customer ("Shipping charges"). The Shipping charge amount will first be calculated and shown at checkout.
Where U.S. Sales Tax applies, the checkout page will show the estimated sales tax due on the Order, at current tax rates. Shipping charges may also be subject to tax in certain states. Sales tax will be then charged on the Order and added to the Purchase price.
If Sales Tax is not due on the Order, most U.S. states require Customers to self-assess and remit the tax due on the purchase according to the local law. Customers are invited to ask local authorities or tax consultants for advice on their obligations.
In the event of any error or mistake in the Product prices published on this Site, the Seller retains the right to modify the relevant Purchase prices at any time. Incorrect Purchase prices will not be binding for the Seller or the Customer in any case, even after the Customer has received the Order summary.
The Seller is under no obligation to accept or execute any Order for Products published at an incorrect Purchase price and reserves the right to refuse or cancel the Order.
10. Pick up in store
At checkout, Customers can opt to collect their Order at a designated Brunello Cucinelli boutique at no additional expenses.
In this case, the Customer service will notify the Customer by email or telephone when the Order is ready for collection at the selected boutique. The Order will remain available for collection at the boutique for a period of 15 (fifteen) days following notification.
If the Order is not collected within such period, the Customer service will promptly contact the Customer to reorganize the delivery. In the event that no indication is given by the Customer within 5 (five) working days, the Order will be deemed as cancelled and the Seller will refund the Purchase price to the Customer at no additional expenses.
Customers are invited to collect the Orders at the designated boutique in person or by delegating another person, whose personal data (such as: name, surname, email and phone number) must be indicated during the checkout process.
The person designated to pick up the Order in store must bring the following documents to the Brunello Cucinelli boutique:
• A copy of the Purchase confirmation;
• A copy of the Customer’s ID;
• A copy of their own ID.
11. Vouchers and discounts
During marketing campaigns, the Seller may issue vouchers and discount codes for purchase use on this Site.
Vouchers and discount codes can never be redeemed in any Brunello Cucinelli boutique.
Vouchers and discount codes can never be refunded.
12. Defective or non-conforming Products
The Seller guarantees the Customer that the Products are not defective or flawed and that the Products conform to the Product description given by the Seller on this Site.
For technological reasons, the Seller cannot guarantee that the monitor display of colours will be accurate.
Minor differences between the Product description on the Site and the actual Product features should not be deemed to lead to any non-conformity of the Product for the purposes of these Terms and Conditions.
Customers are invited to inspect carefully any parcel before signing and confirming the completed delivery. If the parcel appears damaged or not complete in its content, Customers are kindly encouraged to sign the delivery of the parcel by reporting the encountered damage or claim and then to contact promptly the Customer service by using the online form in the Contact us section.
In the unlikely event of a Product being defective, flawed or non-conforming to the Product description on this Site, Customers are entitled to ask that the Product is repaired or replaced free of charge within a reasonable period and without major inconvenience to the Customer.
If repairing or replacement is impossible or disproportionate, or if the Seller has not remedied the shortcoming within a reasonable period or without major inconvenience to the Customer, Customers are entitled to ask for a total or partial refund of the Purchase price.
In order to submit a claim for a defective, flawed or non-conforming Product and return the concerned Product, Customers shall contact the Customer service and agree on the modalities of the Return.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE OF TENDER OF DELIVERY OF THE PRODUCTS TO THE CUSTOMER. THE CUSTOMER SHALL INFORM THE SELLER OF ANY DEFECT WITHOUT UNDUE DELAY UPON DISCOVERING THE DEFECT.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE CASE WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED, MAINTAINED OR WASHED IN STRICT ACCORDANCE WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR FOR ANY EXPENSES OR INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT LOCAL STATUTORY RIGHTS.
13. Product exchanges and Returns
Customers can return a Product or exchange a Product for an item of different colour and size, when available in stock, or return the Products within 30 (thirty) days from the date of delivery of the Product.
In case of return, the Seller will proceed to refund the Customer for the full Purchase price paid (with the exception for the amount paid by using Voucher or Discount codes, as indicated under Section 11), in a prompt manner after receiving the returned Products from the Customer. Refunds will be carried out via the same payment method initially used by the Customer for the Order.
To apply for a Product exchange or return, Customers must first ask the Seller to release a Returns Merchandise Authorization (“R.M.A”) before returning any Product.
Customers can apply for the release of the R.M.A. in the following ways:
• for registered Customers: by activating the specific procedure for Returns in the “Order” section available inside the “Your Page” area of this Site; or
• for unregistered Customers: by activating the specific procedure after searching the relevant Order in the “Orders and Returns” section on the Site main menu;
• for both: by contacting the Customer Service via the electronic form (Contact us section)
For more detailed information on the return procedure, please see: Returns procedure
When contacting the Customer service for returns, Customers are kindly requested to specify the unique identifying number of the Order.
Every Product must be returned having attached the security tag and all labels, in its original packaging and with all the accessories and covers (case, hangers, garment covers, etc.) received with the Order; it must not show any signs of use, scratches or be altered in any way (worn, washed, ironed, etc.) and the Product must be returned in the same condition it was shipped in and packaged appropriately. All shoes should be tried on a carpeted surface; in case of any sole degradation, the Seller reserves the right to refuse the return of the shoes.
The Seller offers Customers a complimentary return service free of any shipping charges (“Complimentary return service”). To enjoy this service, Customers are required to complete the electronic Return request with the pickup address, pickup date and contact details. If Customers want to change the pickup date after submitting the electronic Return request, they must contact FedEx (www.Fedex.com) to agree for a new pickup date, referring to the Tracking number reported in the email received at the end of the return process.
Customers must always return the Products within 15 (fifteen) days after receiving the R.M.A.
Any other method of returning the Products outside of the Complimentary return service will be at the Customer’s expense. By using any other option outside of the Complimentary return service to return the Products, Customers acknowledge and agree to be liable for any loss or damage to the Products during the return process.
Customers should dispatch the Products for return from the same country where the Products were first delivered.
Products can also be returned to one of the Brunello Cucinelli boutiques indicated during the return process. In this case, after indicating the Product to return or exchange, Customer should select the “Return in a store” option, then choose a boutique from the list of available boutiques and select a date and time for the Return in boutique. After completing the online procedure, the Customer will receive a Returns Merchandise Authorization email, reporting a summary of the inserted information.
Customer must return Products to the selected Boutique within 15 (fifteen) days after the receipt of the Returns Merchandise Authorization.
Customers are invited to return the Orders at the designated boutique in person or by delegating another person, whose personal data (such as: name, surname, email and phone number) must be indicated during the return process.
The person designated for the Return in boutique must bring the following documents to the Brunello Cucinelli boutique:
• A copy of the Purchase confirmation; and
• A copy of the Returns Merchandise Authorization email; and
• A copy of the Customer’s ID;
• A copy of their own ID.
The Seller may refuse to accept any further Orders from a Customer after multiple returns on previous purchases by the same Customer.
Condiciones de devolución de los perfumes
Por razones de higiene, no aceptamos devoluciones de perfumes que hayan sido abiertos después de la entrega. Debido a que los perfumes están clasificados como material peligroso a efectos de envío, no aceptamos devoluciones de perfumes por correos/envíos. Para devolver un perfume, los clientes deben ponerse en contacto con nuestro servicio de Atención al Cliente para recibir información sobre la boutique más cercana o para obtener más ayuda. Todos los productos deben devolverse en su embalaje interior original «Brunello Cucinelli». Si un cliente desea devolver un producto dañado o defectuoso, debe ponerse en contacto con el servicio de Atención al Cliente para recibir instrucciones sobre la devolución.
14. DISCLAIMER OF WARRANTIES
BRUNELLO CUCINELLI CANNOT GUARANTEE IN ANY WAY THAT THE SITE, INCLUDING ITS SITE CONTENT, SERVICES AND FEATURES, WILL BE UNINTERRUPTED, THAT ANY DEFECTS FOUND IN THE SAME WILL BE CORRECTED OR THAT THE USE OF THE SITE BY THE USER WILL PRODUCE ANY SPECIFIC RESULTS. THE SITE AND SITE CONTENT ARE PROVIDED IN THE CURRENT STATE AND ARE AVAILABLE “AS IS”.
THE SELLER GUARANTEES CUSTOMERS THAT THE PRODUCTS ARE NOT DEFECTIVE OR FLAWED AND THAT THE PRODUCTS CONFORM TO THE PRODUCT DESCRIPTION GIVEN ON THIS SITE.
THIS WARRANTY SHALL CONTINUE FOR A PERIOD OF 2 (TWO) YEARS FROM THE DATE OF TENDER OF DELIVERY OF THE PRODUCTS TO THE CUSTOMER.
NO WARRANTY APPLIES IF THE CUSTOMER IS RESPONSIBLE FOR THE LACK OF CONFORMITY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO WHEN THE PRODUCTS HAVE NOT BEEN USED, STORED, MAINTAINED OR WASHED IN STRICT ACCORDANCE WITH THE INSTRUCTIONS SET OUT ON THE PRODUCT LABELS.
IN THE EVENT THAT ANY PRODUCT IS DEFECTIVE, FLAWED OR NON-CONFORMING TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE, CUSTOMER REMEDIES SHALL BE LIMITED TO THOSE DESCRIBED IN THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR CLAIMS FOR ANY DAMAGES, WHETHER DIRECT, IMMEDIATE, FORESEEABLE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL OR FOR ANY EXPENSES OR INCURRED BY REASON OF THE USE OR MISUSE, SALE OR FABRICATION OF PRODUCTS WHICH DO NOT CONFORM TO THE ORDER OR THE PRODUCT DESCRIPTION ON THIS SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT LOCAL STATUTORY RIGHTS.
15. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BRUNELLO CUCINELLI SHALL NOT IN ANY CASE BE HELD LIABLE TOWARDS USERS, CUSTOMERS OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM USE OF THIS SITE AND/OR THE CONTENTS, OR ANY INFORMATION CONTAINED IN THE SITE OR RELATING TO THE PRODUCTS.
BRUNELLO CUCINELLI ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES, REGARDLESS OF THE CAUSE, ORIGIN, NATURE AND CONSEQUENCES, INCLUDING, WITHOUT LIMITATION, THE COSTS INCURRED OR ANY OTHER LOSS OF INTANGIBLE ASSETS ARISING FROM THE USE OF THE SITE OR INABILITY TO USE OR FROM RELIANCE ON THE INFORMATION PROVIDED, DIRECTLY OR INDIRECTLY, AVAILABLE ON THE SITE. THE SELLER SHALL NOT BE HELD LIABLE BY REASON OF WITHDRAWING ANY PRODUCT FROM THE SITE AFTER AN ORDER OR FOR REFUSING TO ACCEPT ANY ORDER.
ANY STATUTORY LIABILITY REMAINS UNAFFECTED.
16. Indemnification
The User acknowledges and agrees to indemnify Brunello Cucinelli from any legal action, claim, claims by third parties and related damages and expenses, including legal, arising from, or related to, use in any irregular way and/or illegal use of the Site and/or the Contents of this Site by the User or by persons under their protection or direction.
17. Claimed copyright infringement
Any copyright owner (or agent on their behalf) believing their work has been copied in a way that constitutes copyright infringement may submit a notice of claim to the Copyright agent of Brunello Cucinelli, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C, § 512(c)(2) by forwarding the following information:
• The claimant’s postal address, telephone number and email address;
• A description of the alleged infringed copyrighted work;
• A description of where the alleged infringing material is situated;
• The claimant’s statement that he/she believes in good faith that the disputed use of the copyrighted work has not been authorised by the owner, an agent or by the law;
• An electronic or physical signature of the claimant and/or the person authorised to submit the claim by the owner of the copyrighted work;
• A statement by the claimant made under penalty of perjury that the information in the notice of claim is accurate and that the claimant is the copyright owner or is acting on behalf of the copyright owner.
Copyright agent:
Copyright Agent c/o Brunello Cucinelli S.p.A.
Viale Parco dell’Industria 5, 06073 Frazione Solomeo – Corciano (PG), Italy.
18. Choice of law
Any dispute over the Contents and the Use of this Site shall be governed by the laws of the United States and of the State of New York.
19. Communications
All enquiries, including those concerning Orders, should be notified to Brunello Cucinelli by using the contact form available in the Contact us section of the Site main menu.
20. Miscellaneous
In these Terms and Conditions, words in the singular include the plural meaning and words in the plural include the singular meaning.
No waiver by Brunello Cucinelli of any breach of these Terms and Conditions shall be a waiver of any preceding or succeeding breach.
Invalidity or unenforceability of one or more provisions of these Terms and Conditions shall not affect the validity of any other provision of these Terms and Conditions. If possible, any unenforceable provision within this Agreement will be construed to reflect the original intention of the Parties.
These Terms and Conditions are subject to copyright. Any unauthorized reproduction, even partial, of these Terms and Conditions is strictly forbidden.
