PREMISE
The www.clubshop.macron.com site was developed by MACRON S.P.A. (hereinafter "Club Shop"), which is the sole registrant and therefore owner of the rights. By visiting the portal or using the services connected to the website, the visitor is required to comply with its conditions of use.
This User Agreement (hereinafter referred to as the "Agreement") establishes the Terms of Use of the website: www.clubshop.macron.com (hereinafter also referred to as the "Site" or "Portal"), governing the operation of the Portal. The Contract also refers to the relations between MACRON SPA and all those who access the Site, as simple visitors, as well as to the use of the services offered by the same through the Portal, I mean the purchase for them. By accessing the Site, the user declares that he has read and read these rules and they are therefore accepted, observed as they govern the use and navigation of the site itself. This Premise is an integral part of these terms of use.
ART. 1 – DEFINITIONS
"Site" means the website, with all its contents and applications, registered, commissioned and belonging to MACRON S.P.A. and related domain-name "www.clubshop.macron.com", assigned to the same, by means of which the services will be provided to the Visitors/Registered Users.
"Visitor" means the person who visits the website or several pages of the same. The contents of the site are directly accessible with the connection to the web by each browsing user.
"User" means the person who accesses, after registering in the reserved area, in order to proceed with the purchase of products customized with the brand of the Association and Club to which he belongs intended for athletes and distributed by the Portal according to the agreements entered into with the same Association and Company that has provided the distinctive signs and logos of which he is the owner. The term "Site" indicates the website, reserved for the sale of official products of Macron S.p.A. and authorized dealers ("Store") and the term "Customer" indicates the subject, as a natural or legal person, who makes the purchase on the site, accepting the general conditions of sale. Macron S.p.A. is Macron S.p.A., with registered office in Via Pastore, 57 – 40056 Crespellano Valsamoggia (BO), a company registered with the Chamber of Commerce of Bologna under REA no. 523149 of the Register of Companies, Tax Code VAT no. 01675921207. The term "Authorised Dealer" refers to any person external to Macron S.p.A. who is entitled to sell Macron branded material or is in any case authorised by Macron S.p.A. to sell on this website. In the present case, the authorised retailer is Macron Sports Hub Bucuresti, with registered office in Bulevardul Basarabia 94 – 022121 București, a company registered with the Chamber of Commerce under REA of the Register of Companies, Tax Code/VAT no. 01675921207. The term "Order" refers to the request form for the products for sale, completed by the Customer through the Site. "Products" are the goods for sale on the Site, based on the general terms and conditions of sale. "Personalised Products" are goods that are customised at the express request and specific indication of the Customer, the Association and the Company that uses Macron's platform for the distribution of material. The "Price" is the consideration for the sale of the products. The "Contract" is the distance contract that has as its object the sale of products, based on the general conditions of sale. The "Parties" are the "Authorized Dealer" and the Customer.
ART. 2 – SALE OF PRODUCTS
The sale of products is conducted according to the terms and conditions of sale published on the site at the time the order is placed. The contract is to be considered concluded and binding for the Parties when the order confirmation is sent to the Customer's e-mail address, indicated by the same at the time of registration on the site. Product personalisation means any modification that deviates from the products contained in the Macron catalogue on the basis of precise indications on the website. To purchase personalised products, advance payment is required and the right of withdrawal from the purchase contract is excluded, except for reasons beyond the Customer's control, i.e. due to product defects or an error in the processing of the order not attributable to the Customer. Prices and products for sale may be subject to some changes, without the need for notice, without prejudice to the terms and conditions of sale in force at the time of conclusion of the contract.
ART.3 – SALE TO THIRD PARTIES
Parties other than Macron S.p.A. manage stores, provide services or sell products on this site. In particular, the services and sales on this site are carried out by the authorized dealer indicated in art. 1. Registration as an Authorised Reseller is granted by Macron, which assifies these traders and their offer in accordance with the purpose of this website. Macron S.p.A. cannot in any way be held responsible for the actions performed, the products offered, the contents offered by the Authorized Reseller or any other third party.
ART.4 – THE ROLE OF MACRON S.P.A.
Macron S.p.A. allows third-party sellers – such as Authorised Dealers – to list their products on www.clubshop.macron.com. As a provider of the e-commerce site, Macron S.p.A. facilitates transactions that take place on the site, but is not a party to the contract of sale of goods sold by these third-party sellers. Macron S.p.A. therefore remains extraneous to this contract, which takes place exclusively between the buyer and the seller, i.e. the Authorised Dealer, indicated in art. 1. Macron S.p.A. assumes no responsibility for the sales contract and its proper execution, and does not act in any way as the seller's agent. The seller is solely responsible for selling the products and handling disputes with the buyer.
Art. 5 - OBJECT
Through the website, MACRON S.P.A. mainly promotes and distributes its own products.
It is in the interest of MACRON S.P.A. not only to increase the number of Users, as this is functional to the best user experience of the Site, but also to create a wide range of users who have the opportunity to purchase from the Site as a privileged channel in compliance with EU Regulation 2016/679 or GDPR and in compliance with the appropriate security measures, guaranteeing MACRON S.P.A. the broader and greater protection of personal data and the confidentiality of the individual User who accesses the online purchase of Macron products in this way, also with the brand of the Association and Company to which they belong, in application of the rules of the current Digital Service Act.
Art. 6 - CONNECTION TO THE SITE
The Portal is an online site accessible through the Internet.
MACRON S.P.A. does not assume any responsibility in the event of interruptions, errors or malfunctions due to the Internet connection.
The use of an Internet connection system takes place under the sole and entire responsibility of the Visitor/User. MACRON S.P.A. will not be liable for any use of connection systems in violation of the rights recognized to the respective owners of the same or contrary to the rules of the current legal system.
The costs for connection to the Internet and, therefore, also to the Site, are the exclusive responsibility of the Visitor/User.
The Visitor/User is also responsible for the costs relating to the tools that allow access to the Internet (such as, by way of example but not limited to, the computer and the modem), as well as the payment of any additional cost in the case of online purchase.
ART. 7 - RELIABILITY OF THE INFORMATION RELEASED
The Visitor certifies, under his/her own responsibility, that the information provided within the Site is truthful.
The e-mail address is expressly declared as personal, therefore corresponding to the Visitor/User in person and not to third parties. With respect to any non-conforming declaration that generates confusion regarding the identity of the Visitor/User or false profiles, MACRON S.P.A. does not assume any responsibility, since the policies and processes for offering online products are defined, comply with the rules of transparency and the contents of an informative nature aimed at verifying and reducing fraudulent conduct.
Failure to update information or the communication of false data may constitute just grounds for exclusion[1] from this Site.
MACRON S.P.A. reserves the right to periodically check the information on the Site, being able to exclude any Users in the event of untrue, offensive or unlawful statements, or for incorrect, non-compliant, or contrary to these regulations or the law.
Art. 8 - CONTENTS OF THE SITE
The contents of the "www.clubshop.macron.com" site are intended for personal and non-professional use by the Visitor/User.
All materials published on the Site (hereinafter referred to as "Content") are protected by copyright laws and are the property of the Author, i.e . MACRON S.P.A. or of those who legitimately have the relative rights (e.g.: the Association and Society). The User is required to comply with any additional information on the Site in relation to the intellectual property of the content accessed.
The services of the Site and its contents are protected by the copyright laws in force in Italy and by international copyright laws. The User is not authorized to modify, publish, transmit, share, transfer for use for any reason, reproduce (beyond the limits specified below), rework, distribute, execute, give access to or commercially exploit in any way the contents or services (including software) of this Site, even partially.
Reproduction and collection of any content for reasons other than personal use is expressly prohibited.
MACRON S.P.A. the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, even partial, of the contents of the Website is recognised.
The Visitor is only authorized to view the website and its contents, as well as all other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or ancillary, an integral and essential part of the same display of the site.
The registered User is allowed to access the e-commerce area through which to complete their online purchases, typing their data, selecting the products, customizing them where necessary and completing this process with the purchase of the same, upon payment of the price represented and communicated by the Site.
In relation to content from other sites and possibly published on the Site, MACRON S.P.A., having previously notified the owner of the publication of the content, assumes no responsibility for inaccuracies, errors, omissions with respect to the integrity of the information and is not liable for any consequential damages.
Art. 9 - TRADEMARKS AND DOMAIN NAMES
MACRON S.P.A. is the exclusive owner of any logos and registered trademarks and any other distinctive sign that includes the words "MACRON", including the domain name "www.clubshop.macron.com" and that of the trademarks and distinctive signs of all the Associations and Companies that make use of the MACRON S.P.A. Portal. to distribute sports equipment to all registered users, as well as to any person who has an interest.
MACRON S.P.A. and all other owners of all registered trademarks published on the site have the right to make exclusive use of the trademarks of their respective ownership.
The Registered Visitor/User is not authorized in any way, except with the express consent of MACRON S.P.A. and any other owner of registered trademarks, published on the site, to use such trademarks, to distinguish products or services, even if not similar to those of "www.clubshop.macron.com" or other trademark owners. MACRON S.P.A. reserves the right to inhibit the illicit use of its trademarks, names as well as to appeal to the competent judicial authorities in order to claim compensation for damages suffered, not only for unlawful use of trademarks, but also for acts of unfair competition online.
Art. 10 - WARNING ON CONTENTS
MACRON S.P.A. has taken every precaution to prevent the publication on the Site of content that describes or represents scenes or situations of physical or psychological violence or that, according to the sensitivity of the users of the Portal, may be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions.
However, MACRON S.P.A. does not assume any responsibility towards Visitors/Registered Users for the accuracy and completeness of the contents included in the website form.
MACRON S.P.A. has adopted appropriate technical and organisational measures to safeguard the security of its services on the "www.clubshop.macron.com" website, the integrity of data relating to traffic and electronic communications with respect to unauthorised forms of use or knowledge, as well as to avoid the risk of dissemination, destruction and loss of data and confidential and non-confidential information; relating to its users, present on the site, or unauthorized access, or access not in compliance with the law, to the data and information themselves (so-called Technical and organizational security measures, pursuant to Article 32 of the GDPR 2016/679).
Art. 11 - SERVICE COSTS AND PAYMENTS
All information services on the Site are free of charge. The purchase of products distributed through the Portal, on the other hand, takes place upon payment of a price.
Art. 12 - LIABILITY
The Registered Visitor/User expressly acknowledges that MACRON S.P.A. will not be liable in any way if third parties illegally access the data held by MACRON S.P.A. , in fraud of the security systems set up by the same.
It will not even be attributable to MACRON S.P.A. any contractual and non-contractual liability if the circumstance that caused the harmful event, or the non-compliance of MACRON S.P.A., has been caused by a fortuitous event or by force majeure such as, but not limited to, natural events, wars, insurrections, riots, terrorist acts, strikes, floods, earthquakes, floods, fires.
Furthermore, it will not be attributable to MACRON S.P.A. any liability for any damage suffered by the Visitor/Registered User, resulting from acts and/or omissions attributable to telecommunications service providers or Internet service providers, or from any defects in the equipment or services rendered by them. MACRON S.P.A. will not be held responsible for any inability of the Visitor/Registered User to use the Portal, if it is caused by incompatibility between the Visitor/Registered User's software and that of MACRON S.P.A. , in the event of direct telematic connections or other types of network connections, or deriving from a defect in the hardware, software or other equipment used by the Visitor/Registered User to access the Site.
MACRON S.P.A. retains the right to:
- modify the technical specifications of the site;
- interrupt the operation of the site for technical reasons;
- modify, suspend, interrupt even partially the services, including accessibility to the database or content;
- introduce access or service limitations, in whole or in part, without prior notice and without assuming liability for such service limitation;
- provide Visitors with all the instructions it deems appropriate for the proper functioning, security or quality of the site itself.
MACRON S.P.A. declines any responsibility for the information on the site and entered by the Visitors, who guarantee its accuracy and truthfulness under their own responsibility.
The Registered Visitor/User declares, guarantees and adopts every precaution to ensure that the contents are sent by adults. For minors, the materials must be screened and authorized by those exercising parental authority.
Consequently, the Registered Visitor/User will indemnify the owner of the Site and all subjects pertaining to them, from and against any liability and detrimental consequences, including, without exception, legal fees defined on the basis of the professional rate incurred by MACRON S.P.A. as a result of legal actions arising from the breach by the Registered Visitor/User of these obligations in relation to the misuse by himself or a third party of his or her account in violation of the guarantees provided for in this article. The registered User is in any case required to provide any collaboration to MACRON S.P.A. of the site to properly protect its rights in relation to such legal actions. MACRON S.P.A. reserves the right to protect itself autonomously by defending itself in court in the event of violations that damage even just its image and commercial reputation or loss of opportunity.
Art. 13 – TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
Pursuant to art. 1456 of the Italian Civil Code, it is expressly agreed that the contract will be terminated by law in the event of non-fulfillment of even one of the obligations contained in this contractual agreement.
Art. 14 - MODIFICATION OF THE CONDITIONS OF USE AND PROTECTION OF PERSONAL DATA
MACRON S.P.A. reserves the right to make changes to these Terms of Use, at any time, bringing them to the attention of the interested parties by publishing the changes on the "www.clubshop.macron.com" website, and/or by e-mail. The Terms of Use, as amended, will be applicable from the moment of publication.
The Visitor/Registered User is required to periodically check these Terms of Use, by accessing the Site, to make sure of any changes made. In any case, the use of the site and its services implies acceptance of the changes that have occurred in the meantime. In the event that the changes are not accepted, the User may communicate his/her desire that all his/her data be deleted, by sending an email to the following address [email protected] it being understood that, as mentioned, the continuation of the use of the services, following the changes made known by MACRON S.P.A., will be valid as acceptance of the new conditions.
By adhering to this contract, each Visitor/Registered User is subject to the application of the Privacy Policy adopted by MACRON S.P.A. for the Site and published therein.
The Privacy Policy of the Site is the document in which the purposes and methods with which MACRON S.P.A. collects and uses personal data and/or special data, which the Visitor/Registered User has knowingly provided to the same.
MACRON S.P.A. grants the Visitor/Registered User the right to request information, sometimes collecting and storing his/her data, processing the personal data and/or special data resulting from the request itself, in full compliance with the current legislation on "Privacy", as well as communicating them, in whole or in part, to the other subjects involved in the Site, being expressly authorized to do so at the time of collecting the data from the Visitor/Registered User, who has read and accepted the conditions described in the Privacy Policy of the Site.
Art. 15 - COMMUNICATIONS AND CUSTOMER CARE
Communications are valid only if made: by land mail, at the registered office of MACRON S.P.A., in Crespellano (BO), via G. Pastore n. 57 e-mail [email protected]
[1] The term ban (derived from the English language, in Italian it can be translated as "ban" or "interdict") is used to refer to a series of acts that allows you to prohibit access and/or interaction with others to a specific user through his username, IP or email address.
