TERMS AND CONDITIONS OF SALE
Last updated: February 16, 2024
FOREWORD
The website www.dribblium.com (“Site“) and the related online store are operated by DRIBBLIUM s.r.l., having its registered office at Via Giordano Bruno No. 15 – 20154 Milan, Italy (Tax Code and VAT No.: 13213410965 – PEC: dribblium@legalmail.it – “Company“, “Dribblium“, “we“, “our“), a company operating within the scope of its professional activity.
On said Site, we carry out the sale of various products and services (hereinafter also just “Product(s)“).
BEFORE USING THE SITE, PLEASE READ CAREFULLY THESE TERMS OF SALE WHICH REGULATE THE USE OF THE SITE. YOU MUST ACCEPT THESE TERMS OF SALE IN ORDER TO USE THE SITE.
These Terms of Sale consist of the following sections:
- Terms of use of the online store
- Completeness of information and communications
- Changes in prices, products, and the site
- Products
- Correctness of information provided, purchase limitations
- Errors, inaccuracies, and omissions
- Prohibited Uses
- Disclaimer of warranties, limitation of liability, force majeure
- Legal warranty of conformity of goods sold
- Compensation
- Changes to terms of service
- Separability and validity
- Personal Data
- Entire agreement and transfer of rights
- Applicable law, jurisdiction, and out-of-court dispute resolution
- Right of withdrawal
- Miscellany
- Contact
Attachment 1 – Withdrawal form
SECTION 1 – CONDITIONS OF USE OF THE ONLINE STORE
1. By purchasing one or more Products on the Site, you agree to be bound by these Terms of Sale (hereinafter, “Terms” and/or “Terms”), including those additional terms and conditions that may be referred to herein and are available via hyperlink.
Any new features and/or Products added to the Site will also be subject to these Terms. The submission of a purchase order on the Site implies full knowledge and express acceptance of them.
2. You acknowledge and give your consent that all communications and information relating to the purchase of Products, will be sent to the email address you provide at the time of payment.
3. The contract is executed against the person identified by the data entered in the order form that is transmitted electronically, upon acceptance of these Conditions.
4. Following the inclusion of one or more Products in the shopping cart, you will see a summary of the same and may choose to continue with the confirmation of the order. Thereafter, to conclude the contract and finally transmit the order, you will be required to enter the delivery address information (which may differ from the billing address), your email and the payment method with its details. After that, following your confirmation in the order summary (“Place Order” button), we process the relevant payment. You will then receive an email stating the date of the order, an ‘Order Number, to be used in any further communication with us, the link to the page on the site containing these “Terms of Sale” which you accept, the information strictly necessary to summarize the essential characteristics of the Product purchased, an indication of the price, the means of payment used, the delivery costs as well as any additional costs and the right of withdrawal.
5. By accepting these Terms, you represent that you are at least 18 years old. The Site is provided only to individuals for personal, non-commercial use. Attorneys, scouts, spotters and sports managers in the world of soccer (“Professionals”) may use the Site and related websites only where they are registered with the relevant professional register and/or with a mandate from a professional football team. Only in this case will the Professionals, who agree to send us the aforementioned documentation in advance, be able to create an account for the purposes envisaged by the Site and/or the Product and the websites/apps related to it.
6. Neither the Site nor the Products sold on it guarantee any results in terms of physical performance and/or contact with Professionals who may be enrolled.
7. You may not use our Products for illegal or unauthorized purposes nor may you, in using the Product, violate any law in your jurisdiction (including but not limited to copyright laws).
8. For all kinds of inquiries or communications, you may contact us using the Contacts found in the footer of the Site and in Section 18 below.
SECTION 2 – COMPLETENESS OF INFORMATION AND DISCLOSURES
1. Only individuals and/or Professionals who (i) have provided certain information (e.g., a valid e-mail address) and (ii) have agreed to these Terms may use the Site. Depending on the Product, you may be required, at the time of purchase, to agree to additional documents (e.g., a set of rules, terms of use, etc.) so that you are fully aware of the details regarding the Product you intend to purchase and any requirements for using it (e.g., technical requirements, age requirements, use of data provided, etc.). You understand and agree that you must provide accurate, current and complete information, and keep it that way, including contact information for notices and other communications. You understand that we may take steps to verify the accuracy of the information you provide.
2. Any notice from us will be made electronically, for example: (i) by e-mail to the last e-mail address you provided, and/or (ii) by posting a notice on the Site.
SECTION 3 – PRICE, PRODUCT AND SITE CHANGES
1. The price of the Products is as stated on the Site. Prices may change from time to time, but changes will not affect orders already finalized. We reserve the right at any time to change, limit or discontinue the sale of any or all Products without notice.
2. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Site and/or the sale of Products. We reserve the right to change the contents of this Site at any time. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 – PRODUCTS
1. Some Products may have limited quantities and are subject to our return policy.
2. It should be noted that the image accompanying the descriptive sheet of a Product has a purely illustrative function and may not be perfectly representative of its characteristics but may differ in color, size or in relation to any accessory products in the picture, due to the settings of computer systems or devices used by you. Therefore, for the purposes of the purchase contract, the description of the Product contained in the relevant product sheet on the Site shall prevail.
3. You understand and agree that: i) we reserve the right to enable new features, functionality and upgrades to our Products at any time and you agree that we may make available, provide and/or distribute the same (or similar) at any time in accordance with and subject to the terms of these Terms and/or any special terms also communicated via the Site; and ii) where the Product purchased requires internet access, you will be solely responsible for all costs related to internet access in connection with your use of the Product and any linked websites/apps. Please check with your internet provider for information on any internet data usage charges.
4. In the course of our ongoing evaluation of the Products we offer we may, with respect to some or all of our users, sometimes experiment with or offer new features or other elements, including user interfaces, upgrades, pricing plans, and pricing. Your use of any updates, modifications or replacement versions of a Product will be governed by these Terms and any additional terms that you must agree to at the time you install the update, modification or replacement version.
SECTION 5 – CORRECTNESS OF INFORMATION PROVIDED, PURCHASE LIMITATIONS
1. We reserve the right, at our sole discretion, to refuse, limit or cancel any orders placed on the Site and/or reduce quantities purchased. These restrictions may include orders placed from or through your same account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make changes or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers or distributors.
You agree to provide current, complete and accurate information for all purchases made from our Site. You agree to promptly update the information you have provided, including your e-mail address, so that we can complete your transactions and contact you if necessary. You may use our Contact Information for this purpose, as found in the Site Footer and in Section 18 below.
SECTION 6 – ERRORS, INACCURACIES AND OMISSIONS
1. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or any related website/app is inaccurate at any time without notice (including after you have submitted your order).
2. We assume no obligation to update, change, or clarify any information in the Site or on any related website/app, including but not limited to pricing information, except as required by law.
SECTION 7 – PROHIBITED USES
1. In addition to other prohibitions set forth in these Terms, it is prohibited to use the Site and/or the Product and/or websites/apps linked to it: (a) for unlawful purposes; (b) solicit others to perform or participate in unlawful acts; (c) violate regulations, rules, laws of any nature, national and/or international; (d) violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate against other users in any way including on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other kind of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and/or any related website/app; (h) to collect or track the personal information of others; (i) spam, phishing, pharm, pretext, spider, crawl or scrape or the like; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security features of the Site and/or any related website/app.
SECTION 8 – EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY, FORCE MAJEURE
1. You understand and agree, as a condition precedent to adherence to these Terms, that the Products and any additional services provided with them (e.g., access to and use of a web app or website) are provided as they are in their factual and legal state and without warranties of any kind. Except in cases of willful misconduct or gross negligence, Dribblium and its group companies, their respective licensors, agents, and service providers (collectively, “Dribblium Group”) make no express, implied, or statutory warranties which may be waived, including, but not limited to, warranties as to merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality, and compliance, and their equivalents under applicable law. You further acknowledge and agree that Dribblium Group does not warrant that the Product and any additional services provided with them (e.g., access to and use of a web app or website) are free of errors, viruses or other harmful components.
2. Except in cases of willful misconduct or gross negligence, Dribblium Group shall not be liable for indirect, special, incidental, or consequential damages of any kind, including lost profits and property damage, howsoever caused, even if prior notice is given that the use of or inability to use the l Product and any additional services provided with it (e.g., accessing and using a web app or website) may cause such damages. Unless caused by willful misconduct or gross negligence, we will not be held liable for delays or failures in the provision of services resulting from causes beyond our reasonable control. The limitations of liability in this paragraph apply regardless of the legal framework from time to time applicable to the case (e.g., as non-contractual liability, contractual liability, breach of warranty, strict liability, or otherwise) and even if Dribblium Group has been informed in advance of the possibility of such damages occurring. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the limitation of liability in this paragraph may not apply with respect to you. It is understood that nothing contained in these Terms affects or limits any rights granted to you under applicable consumer protection law, including any applicable rights relating to statutory warranty.
3. It is possible that the Site and/or some or all of the Products and/or any linked websites/apps may not be available for streaming viewing or, if applicable, downloading at any given time, for example (i) during maintenance or upgrade periods; (ii) in the event of a power outage or downed servers; (iii) due to war, riots, strikes, social unrest; or (iv) due to other circumstances beyond our control or that of third parties. Dribblium will make reasonable efforts to provide you with as much notice as possible in these circumstances; however, Dribblium will have no liability to you for these eventualities, except in cases of willful misconduct or gross negligence. There may be times when we have to remove certain features or functionality and/or prevent you from accessing the Site and/or some or all of the Products and/or any linked websites/apps through certain devices or platforms. We will do our best to inform you of such changes, usage rules and restrictions. You understand that we will not be liable to you for any modification, suspension or discontinuance, except in cases of willful misconduct or gross negligence.
SECTION 9 – LEGAL GUARANTEE OF CONFORMITY OF GOODS SOLD.
1. We guarantee the conformity of all Products sold to you for a period of two years from delivery of the same. Without prejudice to your statutory rights under applicable law, in the event of non-conformity you will be entitled to have the Product restored, without charge, to conformity by repair or replacement or to an appropriate price reduction or termination of the contract with respect to such Product. You will be entitled to exercise these rights if the Product is defective or otherwise not in conformity with your order at the time you received it provided that you inform us of the non-conformity within the period of two months from the date you discovered such non-conformity. In the event your claim is well-founded, you will be refunded the purchase price and shipping charges. For practical information on how to return, you may contact us using one of the methods listed in the Contact Us Section.
2. We are liable to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are liable to you for loss or damage suffered by you as foreseeable and resulting from our breach of these Terms or failure to exercise reasonable care and skill, but we are not liable for unforeseeable loss or damage. A loss or damage is foreseeable if it is obvious that it will occur, or if, at the time you agreed to these Conditions, we and you knew that it might occur. We do not in any sense exclude or limit our liability to you in cases where it would be unlawful to do so.
3. In the case of Products with digital elements, we are obligated to keep you informed of available updates, including security updates, necessary in order to maintain the compliance of such Products. If you do not install the provided updates within a reasonable time, we will not be liable for any lack of conformity resulting from the lack of the relevant update.
4. If defective digital content provided by us causes damage to a device or digital content belonging to you, we will repair the damage or indemnify you. We will not, however, be liable for damage that you could have avoided by following our advice to apply an update offered free of charge, or for damage that arose because you did not properly follow the installation instructions or did not have the minimum system requirements specified by us.
6. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your sole risk.
SECTION 10 – INDEMNIFICATION
You agree to indemnify, hold harmless and hold Dribblium Group harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents referred to herein, or your violation of any law or the rights of a third party.
SECTION 11 – CHANGES TO TERMS OF SERVICE
1. We may amend or supplement these Terms at any time for any of the following reasons:
i. to change, alter, improve, or add any of our Products;
Your use of this Site, as well as any purchase and sale agreement entered into between you and us, will be governed by the version of the Terms in effect at the time you submitted your order through this Site.
SECTION 12- SEPARABILITY AND VALIDITY.
1. Each provision of these Conditions shall be construed separately and independently of the others. If any provision is held to be invalid, void, or otherwise unenforceable, such provision shall be deemed severable from the other provisions of these Conditions and shall not affect the enforceability of any of them.
2. Those provisions of these Conditions which by their nature should remain valid and binding following termination for any reason of these Conditions shall survive such termination.
SECTION 13 – PERSONAL DATA
1. Your personal information will be collected and used to fulfill the necessary contractual obligations set forth in these Terms.
2. For more information about how we use cookies, the type of information we collect, how and for what purpose we use your information, and under what circumstances we make your information known to third parties, you can see our Privacy Policy.
SECTION 14 – ENTIRE AGREEMENT AND TRANSFER OF RIGHTS
1. These Terms and the provisions contained herein constitute the entire agreement between you and Dribblium with respect to the sale of the Product(s) and supersede all prior agreements, commitments, negotiations, proposals or other understandings between the parties, whether oral or written, subject to any additional documents that we may ask you to accept at the time of purchase of the Product or thereafter.
2. No waiver to enforce any of the provisions of these Terms shall be deemed or constitute a waiver to enforce any other provision hereof (whether similar or not), nor shall any such waiver be deemed permanent, unless otherwise expressly provided.
3. We may transfer our rights and obligations under these Terms to any company, firm, or person without your consent.
SECTION 15 – APPLICABLE LAW, JURISDICTION AND OUT-OF-COURT DISPUTE RESOLUTION
1 . These Terms and all disputes or claims arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of Italy. Any dispute between us and you shall be referred to the courts of the place where you have your residence or domicile.
SECTION 16 RIGHT OF WITHDRAWAL
1. As provided by applicable law, you have the right to withdraw from a contract of sale within fourteen (14) days without giving any reasons and without incurring any costs, provided that your wish to withdraw is communicated to us by registered letter with return receipt to the address indicated in Section 18 – Contact Us or by email to legal@dribblium.com within 14 days from the date on which you, or a third party designated by you (who may not be the carrier) took possession of the Product (hereinafter “Withdrawal Period”).
Such notice must specify your desire to withdraw from the purchase and the Product for which you intend to exercise your right of withdrawal (if you wish, you may use the withdrawal form attached to these Terms – Exhibit A). Immediately thereafter, or in any event within fourteen (14) days from the day you notify us of your withdrawal from the contract of sale, you must return or send back the Product in its original condition and packaging, with the label attached, if any. The Product will be returned at your expense and your account, if activated in the meantime, will be deactivated.
2. If you terminate a sales contract during the Termination Period in accordance with these Terms, we will refund all amounts paid to us, no later than fourteen (14) days from the date we received notice of your termination of this Contract. We will use the same method of payment for this refund that you used to purchase the Product, unless we agree with you to a different method; in no event will we charge you fees for such refunds. We may withhold your refund until we have received the returned Product (which you may also send to us along with your notice of withdrawal), or, if earlier, until the date you have provided proof that you have returned the Product.
SECTION 17- MISCELLANY
1. You acknowledge and agree that the Products and/or related websites/apps (if any) are intended for informational and entertainment purposes only and do not offer legal, financial, professional, medical, or health care advice and may not be used for such purposes.
2. The Product and its contents, including those on related websites/apps (if any) (“Content”), may elicit different reactions from different people who view them. You may come across Content that you find offensive, indecent, explicit or objectionable. You take responsibility for your choices about what Content you think is appropriate for you and your family.
SECTION 18 – CONTACTS
You can contact Dribblium by email at info@dribblium.com
Or you can write by mail: DRIBBLIUM s.r.l., at Via Giordano Bruno n. 15 – 20154 Milano
