Conditions for the purchase and use of B2C E-commerce

 

The company MACRON SPA, with registered office in Via G. Pastore no. 57, Valsamoggia (BO), in the person of its legal representative, Rea: 205114, PEC: [email protected], hereinafter referred to as "the Supplier" 

Given that 

a) The Supplier manages the platform (hereinafter referred to as the "Website") for the sale in Italy and abroad of sports equipment and other goods subject to  personalised merchandising with the brands and identifying symbols of the Association and Company and has identified Macron as the supplier of uniforms and technical clothing.

b) the term "Site" means the reserved area of the https://clubshop.macron.com Internet site https://clubshop.macron.com/ through which the meeting between supply and demand of the products indicated in point a) is carried out and it is possible to conclude purchase and sale contracts electronically to complete the purchase;

c) with the exception of distinctive signs, symbols, logos, the name, the Association and Company being supplied, the trademark and logo relating to the Site are the exclusive property of the supplier who in any case produces and distributes the product chosen by the user according to his or her preferences;

d) the Site is intended exclusively for commercial transactions (B2C) between MACRON and the consumer through accredited retailers;

e) purchases on the Site by members are governed by the general terms and conditions of sale and the following clauses pursuant to Legislative Decree 70/2003 and the provisions contained in the Digital Service Act, EU Regulation no. 2022/2065;

f) the purchase and sale contracts will be concluded after the user has access to the reserved area of the website corresponding to the https://clubshop.macron.com/default/ address dedicated to commercial transactions and following the procedures indicated;

h) the contractual conditions apply only to relationships that have arisen or will arise electronically by means of and within the Site;

In view of the above, it is agreed and stipulated as follows: 

 

1 – DEFINITIONS 

In the context of this membership agreement, the following terms have the meanings specified below: 

a) the expression "Supplier" refers to the company MACRON SPA also through the dealers accredited to it, part of this contract, which provides for the management of the Site of the same name, selling directly to the members-interested parties the products indicated in the following point;

b) the expression "Products" refers to sports equipment bearing the symbols, logos, names of the Association and selected companies that adhere to this distribution channel, which can be purchased on the Site and which are displayed online on the Site by the Supplier;

c) the expression "Member" or "Buyer" refers to the consumer user who, by adhering to these contractual regulations, has access to the Site and is interested in concluding contracts for the sale of the products indicated in point b) enjoying the information for transparency purposes with regard to the decision-making power in relation to the algorithm;

d) hereinafter the Supplier and the Member may be jointly referred to as "parties";

e) the expression "Site" refers to the website corresponding to  the https://clubshop.macron.com address  through which the Site can be accessed;

f) the expression "Services" or "Products" refers to the services that MACRON SPA makes available to the participating user, for consideration;

g) the expression "Information Services" refers to the information services that MACRON SPA offers free of charge through the website;

h) the term "price" refers to the consideration due by the user for the purchase of the products marketed, to which are added other costs due for the purchase consisting of: shipping costs, delivery costs, costs for customization in the two forms provided;

i) the expression "Personal identification tools" refers to the tools aimed at identifying each user, such as "user ID" and "password", which MACRON SPA will provide in order to allow access to the site in execution of this contract;

k) the expression "reserved area" of the Site indicates the space where members of the Site interested in purchasing products on the Site can access, exclusively after registration that allows and authorizes access to the Site by providing protected access credentials to the user;

l) the expression "log" refers to the electronic register of connections to the Site made by users, managed by MACRON SPA and its ASP and hosting service provider.

m) the Buyer/User is the adult Consumer, who, by registering, decides, after selecting the products, including personalized ones, available in the digital catalog, to proceed with the purchase by electronic payment of the price and any charges included, indicating the delivery address;

n) the "electronic catalogue" is instead the page that illustrates all the products including the description, organized divided by category, which can be purchased online by the Buyer.

o) "Club Shop" refers to the area of the portal that hosts the digital shop dedicated to a specific Association and Company and is indicated with the name of the latter and its distinctive signs.

 

2 – OBJECT OF THE CONTRACT 

They are Parties to the Sale and Purchase Agreements, with regard to the reserved area of the "https://clubshop.macron.com" Site, MACRON SPA and the Buyer/USER who conclude the Contract following the procedure indicated by the Site. 

With this contract, the parties intend to regulate: 

• the conditions of purchase through the Site by the Purchasing User; 
• the relationships and commercial transactions between the Supplier and the Purchaser concerning the Products offered on the Site; 
• the conditions of shipment, delivery and payment of the services provided by the Supplier to the Member. 

The sale concerns exclusively the Products indicated in the appropriate sections of the https://clubshop.macron.com website  – which contains and makes available for consultation of the electronic catalogues – accessible directly by the buyer, subject to registration. 

The Products covered by each individual contract are those indicated in the digital catalogues, previously selected and thus chosen by the User, who, by placing them in the shopping cart, forms and constitutes the Order, followed by the order confirmation email that allows the conclusion of the Contract. 

The Products, the type and quality of the same, as well as the agreed quantity, the methods of customization, as well as the terms of shipping and delivery, the packaging and any other specific condition negotiated by the Parties are indicated in the offer, in the order, as well as in the information provided to the Buyer. 

The Parties declare that they have carefully read all the acts and individual steps that preceded the electronic process that leads to the conclusion of the contract. In any case, reserved access to the site will allow the buyer to be aware of the orders placed and any invoices issued at his expense. 

 

3 – CONDITIONS OF ADHESION AND VERIFICATIONS – DARK PATTERNS DISCLOSURE 

By entering into this contract, the Member undertakes to fully comply with the conditions of membership for the entire term of validity of the contract. 

The Supplier expressly reserves the right to verify compliance with the conditions of purchase, requesting further information from the Buyer. 

MACRON has adopted design choices devoid of any character of exploitation aimed at directing the recipient towards actions that bring benefits that are not in the interest of the recipients. To this end, the choices to be made during the purchase process are proposed and presented in a neutral manner, for example without attributing greater importance to certain choices through visual, auditory or other types of components in asking the recipient of the service to make a decision, but limiting oneself as the law provides to remembering the effects of one's choice expressed through typing or any action expressed electronically.  

Commercial proposals, including those of a promotional nature, are inspired by principles of transparency in the systems of suggestions addressed to users, in order to provide the information necessary for a free determination of one's negotiating intentions. The terms of service and requirements are also clearly indicated with regard to the use of algorithms used in content recommendation systems, in order to preserve and protect every right to algorithmic freedom. 

In particular, MACRON promotes the fight against the so-called "algorithmic manipulations" and the introduction of limits to content moderation: in particular, the mechanisms preordained to the personalization of information content are built on the free choice of the User, who will actually be able to benefit from a commercial offer tailored exclusively to his profile.  

MACRON does not use messages or promotional content aimed at capturing underage users, nor does it use sensitive information relating to minors for this purpose that has never been collected.   

In this regard, in particular, there  is a prohibition on the www.clubshop.macron.com platform to  use targeting or amplification techniques that process, reveal or infer the personal data of minors or vulnerable persons for the purpose of displaying promotional content. Therefore, the data of these categories of subjects are not processed for commercial purposes, thus excluding negative effects on the freedom of the latter with respect to their private life, avoiding any risk of algorithmic discrimination. 

MACRON opposes by all means and forecasts, technological, methodological and organizational, any deceptive practice aimed at manipulating, conditioning, coercing the User's choices and collaborates with national and EU authorities for this purpose where necessary, to combat the commission of crimes or fraudulent conduct, perpetrated by exploiting content included in its platform.  

If the conditions of adhesion are not complied with by the Member at the time of signing this contract or subsequently – or if the Member makes false or fraudulent declarations regarding them – the Supplier reserves the right to terminate this contract with immediate effect, without prejudice in any case to the right to compensation for damages. 

The Supplier assumes no responsibility for compliance with the conditions referred to in the previous point by the Member, reserving the right to propose any legal action that will be considered appropriate in the event of non-compliance with the provisions of this contract. 

In particular, the Supplier reserves the right to take legal action against the Member where the false statements made by the Member or its fraudulent conduct cause or may cause damage to the Supplier, the Site or third parties. 

 

4 – CONNECTION TO THE SITE AND PURCHASE PROCEDURE 

The connection to the Site takes place through access from the Internet, through the connection to the https://clubshop.macron.com website. This connection is operational every day of the week (7/7), 24 hours a day (24 hours a day). 

In order to display the pages of the site correctly, the following minimum configuration is required: if this minimum configuration is not respected by the Member, the Supplier will not guarantee correct access to the Site and to the functions that allow it to make a digital purchase. 

The User acknowledges that the Provider is not liable for any damage, direct or indirect, that may arise to the User as a result of the failure to adopt the minimum configuration required in the previous paragraph. 

The website is https://clubshop.macron.com entirely managed by the company MACRON SPA through a housing contract with Fastweb S.p.A., responsible for infrastructural assistance, except in cases of force majeure or in any case independent of the direct responsibility of third parties or internal to the Supplier, who have accessed the site. 

The carrying out of maintenance operations that will prevent the connection will be promptly communicated by the Supplier to the User, except in the case where interventions are necessary which, due to their particular urgency, do not allow the aforementioned notice to be given. 

The costs of connection to the telematic network, as well as those relating to computer and telematic equipment, software programs and any other tool or means necessary to connect to the Site, are fully borne by the User. 

The Contract stipulated through the website is deemed to have been concluded when the buyer receives, via e-mail, the order confirmation, with a communication subsequent to the automatic e-mail summarizing the order, with which MACRON SPA accepts the order sent by the buyer and informs him that he can proceed with the processing of the same, according to times and methods that are not and cannot be estimated in advance. 

 

5 – HOW TO ACCESS THE SITE 

Access to the Site is made by means of an electronic connection via the Internet to the Site. 

Once the link to the https://clubshop.macron.com/ link has been established https://clubshop.macron.com/ , the User who has not yet registered may proceed from that moment to select the preferred Club Shop, identifying it and choosing it from the names of the Associations and Companies accredited by Macron Spa (e.g. Castenaso football). The User must be of legal age, a requirement that will be verified with the request to enter their age. 

Once the Club shop has been chosen, the User must follow the registration procedure in order to create a new account, i.e. a new profile that allows access to the reserved area section, entering their personal data to receive the credentials (username and password) in order to then access the portal to carry out their shopping. 

The data that the User must provide are: 

• Name 
• Surname 
• Date of birth 
• Sex/gender 
• Email address 
• Password 
• Mobile number for WhatsApp use 

At the end of the term, 3 specific consents are indicated: for the confirmation of reading the Terms and Conditions of use of the Site, the consent to receive commercial and promotional offers from MACRON, the consent to want to receive targeted offers dedicated to your commercial preferences.  

Registration is required and performed only once, unless your data is deleted following the submission of an email withdrawing consent to the email address: [email protected].

In case of withdrawal of consent, your data will be deleted from the databases, and in order to access the Portal, you will need to re-register.

Each Member-purchaser will access the Site using only a user ID, password to be generated by the User and any additional personal identification tools provided by the Supplier, upon request for confirmation of online registration, by clicking on the CREATE AN ACCOUNT button, followed by the sending of the welcome-mail ("welcome" email),  which confirms the completion of the registration on the Portal, as well as the rules of conduct of the User to be observed during the purchase available at the following link that the User with the approval of this contract intends to accept to respect. 

The access obtained by registering and creating the access credentials allows you to access any Club Shop, even if different and new from the one chosen the first time. The languages available on the platform are Italian, the official language of MACRON, English, French, German, Spanish, Portuguese and Polish. 

After the first login, he will only need to log in.  

Once logged into their account, the User will be able to at any time: 

1. Modify the data associated to the account
2. View the status of your orders and the amount of spending amounts. 
3. View the Clubs associated with your account as favorite 

The User is fully aware of the fact that the knowledge of the personal identification tools by third parties could allow them to access the Site, conclude contracts and other operations in the name of the User, as well as access to all the news, information and data on the Site itself referring to their personal profile. Therefore, the User undertakes to keep the aforementioned tools secret, using them in compliance with all the indications in this regard established by the Provider. 

The User is responsible for any damage, direct or indirect, deriving from the knowledge and use of personal identification tools by third parties or strangers. 

The User undertakes to immediately replace the password in the event of loss or theft of the same, as well as as as to become aware of the password and/or user ID, or in any other case deems it appropriate by resetting the password.

The Provider assumes no responsibility towards the User in relation to damages that may result from unauthorized access by third parties caused by loss or loss of credentials not attributable to MACRON. 

 

6 – PURCHASE METHODS AND INSTRUCTIONS FOR USE 

The user, upon completion of their registration via the web, may proceed with the purchase of the products/services2 which he is interested in, selecting them on the site and thus placing them in the so-called "S.C."cart"marked by the until the conclusion of the sale.  

 

• PRELIMINARY PHASE – EVALUATION OF THE DIGITAL CATALOG 

Before choosing what to buy, the User will be able to view up to 4 categories of products, also included by the physical stores that distribute MACRON products in the territory, divided in the digital catalog on the Portal into the following categories, each with its own specific sales rules that we invite you to examine below: 

 

1. Kit:  by choosing to purchase the Kit, you buy it in its entirety, i.e. in its overall composition "as is", without being able to proceed with selecting the necessary products, or adding individual items to the cart, as the kit is already the result of the assembly of several items and corresponds to a single product. However, the buyer has the right to select the size of each item that makes up the kit. This limitation corresponds to a predefined negotiation agreement between the retailer of the products distributed by Macron and associations that adhere to the complete definition of the composition of the kit itself. 
2. Products and items that can be purchased individually and not assembled in the Kit, indicated with different names according to the retailer's wishes.
3. FIR / FIP merchandising: these are products belonging to a category entered by MACRON and cannot be modified by any physical store. For example, it is present only on products referring to the Rugby or Basketball Club Shop, as well as FIR/FIP merchandising items of the current season. 

Each retailer has the ability to enable or disable categories and change their name at any time. 

In the choice and therefore when selecting the products offered by the Portal, the User can be supported by consulting the size guide at any time, always available on the Homepage, at the following link.

Each product must clearly indicate the price expressed in the current currency and in the event of a discount that reduces the price, the final value of the price is expressly indicated 

After examining the proposals that appear on the Portal, click on the BUY LINK BUTTON, so that the User must proceed to select his or her choices in order to make the purchase, indicating: 

• the product chosen from those in the available categories 
• quantity 
• size for each selected item, where not available, the wording "out of stock" will appear; where a size is not available, but is subject to restocking, the User will find the wording "in restocking" and if he intends to proceed with the purchase anyway, he can place the item in the cart and purchase it, with the notice by means of the indicated time. 
• Color if and where possible option. 

If the User intends to obtain further information (so-called PDP information), each product can click on it and access it: within it, the User will receive precise information regarding the description of the item, the type of fabric, conformity, completeness, suitability and quality of the product, the packaging that constitutes the packaging of the product when it is shipped for delivery and information on how to proceed with the return.  

The User can select PLP filters in the "sort by" drop-down menu LINK (Product Listing Page) and will thus be able to access a smaller data set than the PDP and thus decide to access information that already selects products by decreasing or ascending price.  

The User also has the possibility to customise the products when they bear the appropriate label indicating this option (costumed label).  

The "+letters & numbers" label  identifies the items in which it is possible to proceed to insert numbers, letters (up to a maximum of 3), is optional and optional for the User who has the possibility to select and indicate the modification with the addition of customization.  

By selecting the changes, the User is commissioning MACRON to request changes that are suitable for customizing the chosen product, consisting of the application with embroidery or with hot adhesive application at the discretion of the retailer, of numbers or letters as indicated by the User. This customization produces a separate cost. 

The cost of the optional customization requested by the User is at the User's expense and is added to the price of the product purchased. 

The User who has requested the personalization implicitly waives the possibility of exercising the right of withdrawal, including through the return procedure, as no replacement is possible, which therefore MACRON does not accept now and which it will not be able to follow. 

Once this phase has been completed, the user must proceed to click on the ADD TO CART LINK button, in this way the chosen products are placed in the Portal area before proceeding to pay the price and thus complete the transaction, proceeding opens a first POP UP called COMPLETE YOUR LOOK, or YOU MAY ALSO BE INTERESTED IN which offers the possibility of adding other indicated products to the shopping cart may lead to the payment of what is indicated as a consideration for the purchase of the products: before payment, the user will see a second POP UP called CHECK THE CART. 

Each time the User places a product in the cart, a POP UP will open showing the number and type of products purchased (#cart number of products present) confirmed by the word "item added" and the User still has the possibility to deselect and thus delete from the cart products that he has decided not to buy, an action also reported by the POP UP before proceeding to complete the transaction.  

In the event of an abandoned cart and abortion of the journey without the conclusion of the purchase of the products indicated, the User will be informed only once of the interruption of the transaction that did not allow the sale to be concluded, preventing the completion of the purchase contract by the User's choice. 

 

• PURCHASE COMPLETION PHASE OF THE SELECTED PRODUCT (CHECKOUT)  

Once the selection phase of the products to be purchased has been completed, the User moves on to the so-called checkout phase which he accesses by clicking on the CHECKOUT BUTTON that precedes the payment of the price and the purchase. 

In this "checkout" phase, the User undertakes to fill in the form indicating the choice with regard to: 

 

1. type of shipment: by checking  the box corresponding to the 3 types of shipping available among those activated at the discretion of the retailer, namely: a) shipping to the member's home, b) shipping and collection to the club, c) shipping and collection at the Store. Each type of shipment chosen must have a specific cost that is indicated at the time of selection, thus informing the User of the amount of expenditure to be incurred to receive the purchased goods. For home shipping, the User can change the default shipping address/add a new one, within 1 hour of payment of the order - in the specific case of direct Macron Club Shops managed by the Macron Embellishment department. If more than one address has been provided, the User is responsible for checking  the box corresponding to the address chosen to receive delivery of that Order with a flag.
2. Payment method: the User by accessing any Club Shop, can proceed with the default payment  by credit card by choosing between Visa and MasterCard of which data must be indicated by the User manually when the system requires it by providing, card number, expiration date and security code. In any case, each physical store can decide to enable additional and alternative payment methods, e.g. in-store payment, installment payment (e.g. Klarna).
3. Name of the member (NAME AND SURNAME)
4. Any discount code to be indicated correctly. If there is a typing error in the number entered, MACRON will not be able to reduce the price and does not assume any responsibility for the failure to reduce the final price due to the ineffectiveness of the code number provided by the User.

As a result of entering these data provided to conclude the B2C contract of the site, the User will proceed to complete the purchase, will view the amount of the final price by clicking on the next button, subject to approval of this document, using the two flags present:  

• I approve all the clauses of the online purchase contract of the selected products, available at the link
• I approve, pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, after reading the LINKS, specifically and expressly the clauses

Once the contract has been approved by typing and selecting the flags indicated above, it produces the effect of the completion of the contract and therefore also the effects that derive from it with regard to the mutual obligations of the parties (the User must pay the price in the times and in the ways indicated by the platform; MACRON is obliged to deliver the purchased goods, free of discrepancies, to the contact details indicated by the user).  

Once the contract has been approved and therefore "signed", it is archived (repository).

Upon completion of the approval of the terms of the contract and the payment of the price, the transaction is deemed to have been concluded and the User will receive: 1.  your order number with which you can identify the order and follow the process that accompanies it, fully tracked until delivery and always available in any status (also visible from your account) 2. Order confirmation e-mail within one hour and the order will be "processed" in your account. 

Subsequently, the user of Club Shops created by direct Macron Stores is reserved the right to rectify the order, or cancel the order in its entirety or change the shipping address no later than one hour after payment, by receiving a dedicated email communication called "rectification".  

From that moment on, the User will have the opportunity to follow the entire process before delivery, distinguishing into "processing", "in progress" and "shipped". 

You will also receive the following communications via email: 

• Payment email  
• Order Rectification Email 
• Order confirmation email  
• Order update email, when the order changes status  
• Extended shipping alert email (over 21 days only)  
• Shipment email to notify you that the goods are close to delivery, where you can find the carrier's tracking link 

When the order is shipped from MACRON's headquarters, the User will receive communications from the courier that carries out the shipment by email and SMS. 

The Shipment Departure Email contains shipment tracking and tracking links (also available in the order shipping email and in the Orders section in your customer account). From that moment on, the User will have the opportunity to follow the entire process before delivery, distinguishing into "processing", "in progress" and "shipped". 

It will be the user's responsibility to verify the name of the designated courier in order to verify the consistency of any subsequent communication regarding the shipment.  

If the delivery is unsuccessful, the link to reschedule the delivery directly from the User is in the communication received by email or by the User. 

Following an unsuccessful delivery, a new communication is sent by padi attempted delivery with an indication of availability for the selectable option with a flag of stop deposit or non-delivery/stock/change by the carrier.  

In the event of a successful delivery, the User will receive an email communication – confirming the delivery. MACRON assumes no responsibility in the event of a failed delivery for reasons not attributable to it, such as error by the shipper, non-compliance in the shipment by the courier, etc. From the moment the goods are delivered for shipment, all responsibility for the custody and delivery charge at destination is transferred to the shipper on the latter who is exclusively responsible. 

 

7 – EXECUTION TIMES  

The buyer may purchase the Products/Services indicated within the type and/or quantity indicated. 

Buyers who are regularly registered will be able to manage their "cart" even at different times (the products entered will remain persistent until the user cancels them). Upon receipt of the order by MACRON, the system will automatically send an email summarizing the order received, as well as the shipment of what has been purchased. 

MACRON will normally deliver the Products to the buyer by trusted couriers and/or shippers. , 

The delivery of the goods will take place at the place indicated by the buyer in the order. If the buyer is absent, a notice will be sent by email or WhatsApp with the necessary information to contact the courier or courier to agree on the delivery methods with the LINK indicated which shows the tracking of the Order fulfillment, which can always be consulted by the User. 

In any case, the risk due to late delivery in the event of a misdelivery is transferred to the buyer if he does not comply with the instructions indicated in the communication received, in the event of non-compliance with the same, the buyer will not be released from paying the price and the Supplier is not required to deliver a new product that is the same and substitute for the one ordered and paid for. 

 

8 – PRICE AND SHIPPING COSTS 

All the sale prices of the Products offered in the electronic catalogues on the Site, indicated in the currency of the reference country that distributes the products , including VAT, to which must be added any additional costs for personalisation and shipping. 

By ordering and placing the selected products/services in the virtual cart, each of which will display a cost, the buyer agrees to pay the amount due for the requested service. 

The total costs relating to the shipping and delivery of the Products are indicated in the offer in the digital showcase displayed on the Portal at each Club Shop and are borne by the purchaser. 

The price of the product indicated on the site is final, except for possible updates that MACRON reserves the right to apply according to its own and unquestionable discretion.  

The fee requested from the user consists of the expense due for the purchase of the products as indicated in the digital showcase, as well as the shipping costs and the costs of requesting customization of the products.  

The prices indicated in the electronic catalogues are binding, except for unforeseeable variations in currency or the cost of raw materials. In this case, the Supplier shall promptly and in advance inform the Purchaser, except in cases of supervening impossibility not attributable to it. 

Each new price list or its update cancels and replaces the previous ones and takes place electronically, through pop-ups that inform the User of their change. 

The maximum purchase amount and quantity cannot be different from what the system is capable of loading into the digital shopping cart. 

The tax documentation relating to the Products ordered will be issued by MACRON after the conclusion of the contract. 

 

 9 – COMPLAINTS – RETURNS – REPORTING OF ABUSES OR CRIMES  

Any complaints must be received by [email protected] , in the case of disputes that consist of the presence of discrepancies, must be made within 8 days of their discovery, which by legal presumption would provide for the effective date of delivery and receipt of the Products, without prejudice to proof to the contrary against the purchaser. 

The COMPLAINT PROCEDURE follows this procedure: 

1. Send to email [email protected] the subject of the dispute, describing the reasons, the date of the transaction and delivery, the subject of the complaint, proof of payment, the name of the Club Shop of purchase and the URL of the same
2. within 14 days. Macron informs via email of the outcome of the assessment of the complaint: in order to return the goods for replacement, the product must be intact and correspond to the product purchased online. In this case, the product will be replaced, vice versa the email will communicate the impossibility of replacement.

In any case, the time allowed to be able to exercise the claim, after sending the complaint communication, is 12 months in the event of defects and the buyer is still required to pay the agreed price. 

Delivery following return must only take place at the MACRON Store or headquarters in via G. Pastore 47 – Valsamoggia (BO).  

The desire to proceed with the replacement is subject to the verification and ascertainment of the presence of the aforementioned requirements, the assessment of which is left to MACRON and will be communicated to the User by means of a specific e-mail, without prejudice to the existence of recognized and overt defects that allow the replacement by right. In any other case, MACRON will decide whether: 1. Apply a price reduction, providing for a refund, 2. Replace the product at its own care and expense.  

MACRON also intends to provide the User in accordance with the rules of EU Regulation 2022/2065 – DSA, the PROCEDURE for reporting ABUSE AND CRIMES which please follow below: 

1. If the User believes, during his/her browsing, registration or purchase experience on the www.clubshop.macron.com platform, to identify anomalies, communications or anything else that may be considered an abuse or a crime, please report it to us as a matter of urgency by writing to us at the [email protected] email;  
2. In the communication, it is requested to include 
3. Name and surname of the reporting person / anonymous mode 
4. Date of the event  
5. Brief description of the fact and nature of the abuse or crime of became aware 
6. Delivery email where to respond to the report. 
7. The sending of the communication is followed by the commitment of the recipients to provide a response within 14 working days to any email provided in the report 
8. MACRON will activate every measure aimed at verifying the report and proceeding to combat abusive or illicit conduct should it be ascertained, also resorting to reporting to the police where necessary. 

10 – OBLIGATIONS OF THE BUYER 

The purchaser also undertakes to: 

a) not to post information on the site that may present forms and/or contents of a pornographic, obscene, blasphemous, defamatory nature, or in any way harmful to the rights of others;

b) not to use, allow or allow others to use the site for acts contrary to morality, public order or with the aim of disturbing the peace of others, damaging, violating or attempting to violate the secrecy of correspondence and, in any case, not to use the site and/or the site in any way to commit or facilitate the commission of illegal acts of any kind;

c) not to enter false, fraudulent, defamatory, unfair or misleading information on the Internet, for example using a false computer identity that corresponds to fraud;

d) use the website and services, as well as conclude contracts for the sale of products, so as not to violate any rule and not to engage in any anti-competitive conduct or to enter into any anti-competitive agreement, such as, by way of example, that or that consisting in the resale of products to third parties;

e) use the site and services in accordance with the rules of law, the rules of treaties, codes, including private and self-regulatory codes, whether or not they are published on the site;

f) to counterfeit logos, distinctive signs, as well as products purchased for any reason that proves to be fraudulent, against public faith or trade;

The Purchaser undertakes to indemnify and hold the Supplier harmless from any loss, damage, liability, cost or expense, including legal fees, arising from any complete breach of the provisions of this article. 

The purchaser assumes full responsibility for the accuracy and truthfulness of the data entered directly, entered on his own behalf or duly delegated on behalf of third parties on the site, aimed or not at completing the product purchase procedure. In the event of a purchase in the name and on behalf of a third party, MACRON will not assume any responsibility in any case of unauthorized use of other people's data. 

The buyer agrees to indemnify MACRON against any loss, damage, liability, cost or expenses, including legal fees, resulting from any violation of the preceding paragraph. 

 

11 – COMMERCIAL AND INDUSTRIAL PROPERTY RIGHTS 

The Supplier is the exclusive owner of all trademarks indicated on the www.clubshop.macron.com  website  , as well as of any logo, image and distinctive sign used by the same. 

The Purchaser does not acquire any rights with respect to the Portal, computer programs, databases, information, news and other data, as well as images, logos, trademarks and any other distinctive sign and/or industrial and/or intellectual property right used by the Supplier and its partners and the Associations and Affiliated Companies . 

The Purchaser undertakes not to violate the rights referred to in the previous point and not to distribute to the public, transfer the same and/or the goods/services that are the subject of them, or to allow the use of the same or the goods that are the subject of them by third parties in any other way and both free of charge and for consideration. 

The Purchaser indemnifies the Supplier from any liability, undertaking to compensate it for any damages and/or costs, including legal fees, in the event of claims made against it by third parties (or other participating companies) based on the unlawful use by the Member of images, company names, logos, trademarks and any other distinctive sign and/or industrial and/or intellectual property right of the interested parties. 

Without prejudice to compliance with the applicable mandatory provisions, the Supplier declares that it manages the website in accordance with the principles and guidelines established by the European Union on industrial and intellectual property. 

 

12 – ADVERTISING ON THE SITE 

The Provider reserves the right to place advertisements on the Site that are compatible with the activity carried out, as well as links to other sites that comply with the obligations set out in this contract and comply with the provisions of Regulation No. 2022/2065 Digital Service Act. 

 

13 – ASSIGNMENT OF THE CONTRACT 

The Buyer may not in any way and in any form assign to third parties, even partially, the contract for the purchase of the services offered by the Supplier's website. 

 

14 – EXPRESS TERMINATION CLAUSE 

Without prejudice to further compensation for damages and/or the applicability of any interest on arrears to the extent legally borne by the defaulting party, this Contract shall be deemed terminated by law pursuant to art. 1456 of the Italian Civil Code in the event that the Buyer violates even one of the obligations referred to in this contract. 

The termination of the contract will operate by law from the moment of receipt by the Buyer of a communication by registered mail with return receipt or PEC containing the objection of the non-performance and the Supplier's intention to make use of this express termination clause. 

 

15 – EXEMPTION OF LIABILITY FOR THE SUPPLIER 

The Supplier shall not be liable for direct or indirect, incidental or consequential damages, in the event of errors, omissions and inaccuracies in the data transmitted, nor in the event of interruptions, suspensions, delays and anomalies in the management of the website and in the provision of the Services, even if deriving from technical problems, unless they are directly and immediately attributable to wilful misconduct or gross negligence of the same. 

The Supplier shall not be liable for direct or indirect, incidental or consequential damages, such as loss of earnings, loss of business and/or commercial opportunities and any other damage that may result from computer intrusions or other unlawful intrusion or use of data by unauthorized third parties, as well as from commercial fraud or other incorrect or illegitimate conduct held by the participating companies,  unless they are directly and immediately attributable to wilful misconduct or gross negligence on the part of the Supplier or due to conduct contrary to the Digital Service Act. 

In no case will the Supplier be held liable in relation to damages resulting from the malfunctioning of the site, or for inability to use the site for online purchases, nor for fortuitous events, force majeure or factum principis. 

 

16 – OBLIGATIONS AND RESPONSIBILITIES OF THE SUPPLIER 

MACRON undertakes to promptly respond to requests for information and other specifically agreed services. 

All requests and communications, referred to in the previous points, sent to MACRON will be promptly received and, in any case, within 30 days of their receipt.  

MACRON assumes no responsibility for non-compliance attributable to force majeure such as, but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, delays in maritime, air, rail transport, delays in production, interruption of electricity and/or telephone lines or network connection by third parties,  and other similar events that prevent, in whole or in part, the execution of the Contract. 

MACRON assumes all responsibility for the content of the information provided by it and published on the site, with regard to the execution of the contract as provided for by our arrangement.

 

17 – WITHDRAWAL  

The Purchaser may withdraw from the contract to join the Site by written notice of termination to be sent to the [email protected] address  provided that it is received no later than 14 days from the conclusion of the contract, and is in any case strictly excluded if: 

• the product is customized; 
• the products have been used; 
• the products have been modified; 
• the products are damaged and/or not intact. 

Returns of eligible Products may be made by shipment in the manner described above and provided that the package delivered by the Supplier is intact and untouched; In any case, the risk of transport is borne exclusively by the Buyer, which will be followed by a refund, net of shipping costs and cancellation of the invoice, as follows: 

1. Delivery following withdrawal takes place only with the delivery by and at the expense of the Buyer at the Store or the headquarters of MACRON in via G. Pastore 47 – Valsamoggia (BO) 
2. The full refund is subject to change if the product is damaged and not intact 
3. the full refund of the amount already paid, net of shipping costs, is made through the means of payment chosen by the Buyer at the time of purchase and takes place only after the delivery and delivery of the returned product; 

Withdrawal requested beyond 14 days from the purchase or exercised in a manner different from that indicated in the contract, will remain without result. 

 

18 – CONFIDENTIALITY AND SECURITY OBLIGATIONS 

The Parties undertake to respect and ensure compliance with the obligation of secrecy. The Parties mutually acknowledge that information considered confidential and personal data of third parties are processed in compliance with appropriate security measures to ensure the confidentiality and confidentiality of the data. 

The Provider, through the Hosting Provider, undertakes to apply and to have applied to the site and to all electronic communications the procedures and security measures deemed adequate, in the state of technical and IT knowledge, to guarantee their security and to avoid the risks of unauthorized access, tampering, delay in registration or processing,  destruction and loss of information and/or data transmitted. 

The Member also undertakes to promptly notify the Supplier of any anomaly that the Supplier finds in the use of the Personal Identification Tools if it has a well-founded suspicion that this derives from an attempt at unauthorised access, intrusion, tampering or other illegitimate activity carried out by third parties or other participating companies. 

The supplier and the purchaser undertake to apply to their computer systems and, therefore, to all telematic communications, the procedures and security measures deemed suitable, in the state of technical, IT and telematic knowledge, to avoid the risks of unauthorized access, tampering, delay in recording or processing, destruction and loss of information and/or data transmitted. 

 

19 – PROTECTION OF PERSONAL DATA 

The Contracting Parties, pursuant to EU Reg. 2016/679 and Legislative Decree no. 196 of 30 June 2003, as amended by Legislative Decree 101/18, declare that they proceed with the processing of personal data for the purposes inherent in the execution of this contract and the fulfilment of the legal and contractual obligations deriving from it, as shown in the information published at the time of registration of the website.  WEB FORM and making available to the data subject with whom the same has been correctly informed. 

The Contracting Parties also acknowledge that personal data will be processed in compliance with technical and organisational security measures appropriate to data protection and by reason of the processing carried out, pursuant to art. 32 EU Reg. 2016/679. 

 

20 – COMMUNICATIONS 

Except in cases expressly indicated – or established by legal obligations – communications between the Supplier and the Member shall preferably take place by e-mail or certified email to their respective electronic addresses (indicated in the epigraph for the Supplier in the registration form for the Member). The Parties undertake to communicate, during the validity of this contract, any change in their respective addresses. In the event of failure to communicate the change, all communications that will be made on the basis of the old contact details will have full effectiveness and validity. 

 

21 – CHARGES AND EXPENSES 

Any tax charges and contractual costs relating to shipping are charged to the buyer. 

 

22 – DISPUTES AND JURISDICTION 

In the event of disputes arising from or connected to this contract, the parties declare, now and then, that the Court of Bologna shall be considered as the exclusive competent court.