General Terms and Conditions of registration and sale through the ENDU platform
(Valid since 22/01/2020)
Welcome to the page relating to the General Terms and Conditions of registration and sale (hereinafter, the "General Terms and Conditions") on the ENDU platform (hereinafter, the "Platform" or "ENDU"), which is available as of now: (i) from the endu.net website (hereinafter, the "Site"); (ii) through the "ENDU" application for devices with Android and IOS operating systems (hereinafter, the "Application"); (iii) from third-party websites (e.g. event organisers) via embedding or similar techniques. The Platform is provided by Engagigo S.r.l., VAT number 02804190342, registered with the Parma Register of Companies, REA No. PR - 268324, with registered office in via F. Paciotto 6a, 43124 Alberi di Vigatto (PR), email address firstname.lastname@example.org.
The General Terms and Conditions do not apply outside the Platform.
General and summary information
1.1 These General Terms and Conditions are addressed to users of the Platform (hereinafter, the "Users") and govern the sale and supply of products and services through ENDU. In particular, the following is possible through the Platform:
registering for sporting shows and events (hereinafter, the "Events") managed and organised by third parties;
joining sports clubs, associations or federations;
buying products and services sold directly from Engagigo through the Platform;
purchasing products and services sold by third-party suppliers through the Platform.
A) Registration for sporting shows and events through ENDU
1.3 In the case indicated in Article 1.1(a), the registration (i.e. the entitlement to participate in the Event; hereinafter, the "Registration") is sold by Engagigo in the name and on behalf of the organisers of the Events (hereinafter, the "Organisers"), as identified from time to time through the Site and the Application. N.B. Engagigo is a different entity from the Organiser but manages, in the name and on behalf of the latter, the online sale of Registrations. The number, price and type of Registrations that can be purchased through the Platform are determined independently by the Organiser. The contract concluded between the User and the Organiser is regulated:
by these General Terms and Conditions;
by the information provided to the User within the purchase process before placing the order;
by the Event Regulations (hereinafter, the "Regulations") prepared by the Organiser and submitted for acceptance to the User as part of the purchase process;
by any further documentation independently submitted by the Organiser to the User and accepted by the latter.
1.4 Participation in Sporting Events requires the approval of the sporting regulations (as well as the releases contained therein) prepared and applied from time to time by the Organisers; Engagigo merely makes these documents available through the Platform at the Organiser's request, without however exercising any control over their content, which is independently determined and applied by the Organiser; therefore, Engagigo cannot be held in any way responsible for the correctness of the Event rules. The Regulations and related documents will be subject to the User's approval during the purchase phases of Registrations. Engagigo invites Users to carefully read the content of these documents before approving them because they establish additional and different legal obligations for the participants of the Event than those arising from accepting these General Terms and Conditions, as well as hypotheses of exclusion from the Event which are not provided for in the General Terms and Conditions.
1.5 Engagigo is not part of the contract between the Organiser and the User but, by virtue of the mandate received from the Organiser, it may carry out certain activities on behalf of the latter, such as collecting payments and sending announcements.
1.6 Registration may be free of charge or for a fee; this is indicated at the beginning of the purchase process. The User is required to pay for the Registrations that come with a fee:
the registration fee due by the User to the Organiser for the purchase of the Registration (hereinafter, the "Registration Fee");
where applied by Engagigo, the service fee (hereinafter, the "Service Fee") payable by the User to Engagigo for the use of the Platform (and, in particular, the service for registration and management of registration data) for the purposes of registration.
B) Membership in sports clubs, associations or federations through ENDU
1.7 The Platform permits membership (membership means the establishment of an associative or other relationship with a sporting entity) with sports clubs, associations or federations (hereinafter, the "Sporting Body").
1.8 Engagigo is not part of the associative or other relationship that is established, as a result of the membership, between the member on the one hand and the Sporting Body on the other; therefore, these General Terms and Conditions do not regulate the rights and obligations deriving from the establishment of such a relationship. N.B. Membership may entail rights and obligations for the member deriving from the establishment of a membership or other relationship with the Sporting Body. In this regard, Engagigo merely provides the Membership Platform, remaining completely unrelated to the autonomous associative or other relationship with the Sporting Body. It is the User's sole responsibility to verify the conditions and legal consequences of membership. Engagigo does not carry out any verification of the information provided by the Sporting Body through the Platform or other channels in relation to the conditions governing the membership and its effects.
1.9 Without prejudice to the above, Engagigo may carry out certain activities on behalf of the Sporting Body, such as collecting payments and sending announcements.
1.10 Membership may be free of charge or for a fee. If requiring a fee, the User is required to pay:
the fee due by the User to the Sporting Body for membership (hereinafter, the "Membership Fee");
where independently applied by Engagigo, the service fee (hereinafter, the "Service Fee") payable by the User to Engagigo for the use of the Platform (and, in particular, the service for registration and data management for membership) for the purposes of membership.
1.11 The Membership Fee is determined and applied by the Sporting Body under its exclusive responsibility.
C) Sale of products and services through ENDU
1.12 As part of the registration process through ENDU, Users may place in their shopping cart and purchase the goods and services provided directly by Engagigo or by third-party suppliers identified from time to time in the purchase process (hereinafter, the "Third-Party Suppliers").
1.13 In the case of products and services (other and different from the registration and membership service) sold directly by Engagigo, the sales or supply relationship with the User is governed by these General Terms and Conditions, as well as by the additional contractual information provided to the User in the purchase process.
1.14 In the case of goods or services sold or provided by a Third-Party Supplier, the Third-Party Supplier may be the Organiser itself or another person. In any case, the contract is concluded directly between the Third-Party Supplier and the User. These General Terms and Conditions are limited to regulating the use of the Platform for the purchase of products and services sold by the Third-Party Supplier. The contract between the Third-Party Supplier and the User is regulated:
by the conditions of sale and supply applied from time to time by the Third-Party Supplier and submitted for acceptance to the User in the purchase process;
by the information provided to the User by the Third-Party Supplier in the purchase process;
by any further documentation independently submitted by the Third-Party Supplier to the User and accepted by the latter.
1.15 Engagigo is extraneous to the sales and supply relationship established through the Platform between the Third-Party Supplier and the User; however, Engagigo may carry out certain activities on behalf of Third-Party Suppliers, such as collecting payments and sending announcements. Notwithstanding the above, Engagigo does not carry out any control of the sales conditions and contractual information included in the purchase process at the request of the Third-Party Supplier itself. Any question or dispute in any way connected with the content and application of these terms and conditions of sale and supply, as well as other contractual information, shall be settled directly between the Third-Party Supplier and the User.
1.16 The purchase of goods or services offered by Engagigo or Third-Party Suppliers through the Platform always entails, unless otherwise provided, the obligation to pay an additional fee in addition to the Registration Fee (and/or Membership Fee) and the Service Fee, where applicable.2) Scope of application and amendment of the General Terms and Conditions
2.1 The General Terms and Conditions govern the relationship between Engagigo and the Organiser on the one hand and the User on the other, within the limits set out in Article 1); the relationship is governed by the General Terms and Conditions in the version published and accepted by the User at the time the order is placed. Before placing an order, the User is required to read carefully all the information provided in the purchase or registration process and to examine and approve the General Terms and Conditions. By clicking on the button to send the order, the User confirms acceptance of the General Terms and Conditions.
2.2 These General Terms and Conditions can be modified at any time. New versions will be published from time to time on the Site and within the Application.3) Sending and accepting orders and membership requests through ENDU
3.2 In accordance with Italian Legislative Decree No. 70 of 9 April 2003, Engagigo informs the User that in order to make the purchase of one or more products or services through the Platform, the User must follow the appropriate purchase process in electronic format, following the instructions that will appear from time to time within the Platform. The User is invited to start the registration procedure only after having read the Event Regulations (or, where applicable, the membership conditions) and having collected the information and authorisations necessary to complete the procedure, taking into account the payment information (card number, etc.), the personal data of the persons to be registered, the consent to the registration of any third parties registered, etc.
3.3 Before placing the order, the User will see a page summarising the contents of the order, with a precise indication of the main contractual information and the economic obligations deriving from placing the order (fees, payment terms, identification of the Organiser, the Sporting Body and any Third-Party Suppliers, delivery terms and conditions, return and withdrawal conditions, where applicable, etc). The Platform always allows Users, prior to submission, to correct and/or modify their data, as well as the products and services selected. Users will also be free to choose the preferred payment method among those from time to time available on the Platform.
3.4 The User guarantees that the data and information provided as part of the purchase process is correct, complete and truthful, with the consequent obligation to keep Engagigo, the Organiser, the Sporting Body and/or Third-Party Suppliers harmless and indemnified against any damage, claim for compensation or penalty in any way arising from the violation of the aforementioned guarantee. Without prejudice to the above, the Organiser reserves the right to exclude the registered person from participation in the Event, if the data provided by the User is incorrect, without any right to reimbursement and without prejudice to any other legal consequences.
3.5 The order can be sent by the User by clicking on the virtual button on the Platform. The submission of the order is valid as a purchase offer. The information on product prices and availability are indicative and do not constitute a binding offer. If, due to an error, a product should prove to be unavailable or have a price different than the one indicated, the User's order cannot be accepted. The contract shall be deemed to be concluded when Engagigo sends an email confirmation of the order to the address indicated by the User, with a summary of the main contractual information (essential characteristics of the good or service, detailed indication of the price, means of payment used, reference to the contractual documentation, delivery costs, where applicable, possible existence of the right of withdrawal, channels for requesting assistance or lodging complaints). The accepted order will be stored by Engagigo on its information systems and made available to Users in the personal area of their ENDU account.
3.6 By submitting an order, the User confirms full acceptance of the General Terms and Conditions and, as the case may be, of the Regulations, the terms of sale applied by Third-Party Suppliers and further documentation submitted for the User's approval as part of the purchase process. The User, moreover, acknowledges and accepts that from the forwarding of the order (and from the consequent acceptance of the same), the obligation to pay all the amounts indicated in the order summary page in the time frames and with the methods indicated therein is the User's responsibility.
3.8 Once the User's application for membership has been received, Engagigo will confirm its acceptance on behalf of the Sporting Body. The User is informed that, despite formal acceptance, in the event of incorrect data entry, lack of the subjective requirements required by the Sporting Body or for other reasons provided for in the internal rules of the Sporting Body, the latter may consider the association or other relationship with said Body null and void or otherwise invalid, without any liability on the part of Engagigo.4) Registrations on behalf of third parties
4.1 Through the Platform, the User can register a third person to an Event or a Sporting Body by means of membership.
4.2 In this case, Users guarantee that they are legitimised in some capacity:
to register the third party through the Platform;
to approve, in the name and on behalf of the third party, the documentation containing the rules of the sporting event (Regulations, etc.) or the Sporting Body;
to confirm, in the name and on behalf of the third party concerned, any privacy consent or authorisation necessary for participation in the Event (for example, authorisation for video and photographic filming of the Event) or membership.
4.3 The registration of minors may only be carried out by persons exercising parental authority or with the explicit consent of the latter.
4.4 By registering a third party, the User guarantees that the persons registered know the rules of the Event or of the Sporting Body and accept them, having particular regard to the requirements for participation and the risks and obligations connected to the same. The User is also required to provide the registered persons (or their representatives) with copies of all relevant documentation in relation to participation in the Event or membership, including the Regulations, confirmation of registration, releases and privacy information indicated in Article 15 below).
4.5 The User undertakes to indemnify and hold harmless Engagigo and its business partners, including the Organisers and Sporting Bodies, from any prejudicial consequences (claims for compensation, administrative sanctions, etc.) resulting from the violation of the obligations and guarantees established in this Article.5) Cancellation of registration and withdrawal
5.1 Unless otherwise provided for in the Regulations, the possibility of cancelling registration for the Event and obtaining a refund is expressly excluded (see Article 1(a)of the General Terms and Conditions). This possibility can be recognised at the Organiser's complete discretion, which also establishes the procedure to be followed, as well as the timing and methods for cancelling the Registration and obtaining any total or partial refunds. For more information on this matter and to make an informed business decision, we invite the User to read the Regulations carefully and, where necessary, to contact the Organiser directly. In any case, Engagigo will not proceed with any refund, unless expressly delegated by the Organiser and after having received the relevant funds from the latter.
5.2 Engagigo informs the consumer ("Consumer" means the User, the natural person who uses the Platform for purposes unrelated to the professional, commercial, entrepreneurial or artisan activity that may be carried out) that the Registration relates to leisure services, which the Organiser undertakes to provide on a specific date. Therefore, in such cases, the Consumer will not be able to exercise the right of withdrawal provided for in Article 52 of the Italian Consumer Code, given the exception to the right of withdrawal contained in Article 59(1)(n) of said Code.
5.3 The exception applicable to the withdrawal of the Consumer with reference to Registrations does not exclude the possibility of exercising the withdrawal of the Consumer separately, as provided below, with reference to any other products or services purchased on the Platform directly from Engagigo or from Third-Party Suppliers (see Article 1(c) of the General Terms and Conditions), provided that there is no further exception to the withdrawal provided for by law.
5.4 In case of the purchase of goods or services sold directly by Engagigo, the latter informs Users that in remote contracts, the right to withdraw from the contract concluded within 14 (fourteen) days from the day of receipt of the products or, for services, from the day the contract is concluded, is by law recognised only to Consumers (Articles 52 et seq. of the Italian Consumer Code); to exercise the withdrawal, the User may: a) submit a declaration drawn up on the basis of the model form attached to these General Terms and Conditions; b) submit any other explicit statement of the decision to withdraw from the contract.
5.5 The notice of withdrawal must be sent by registered mail to the following addresses: Engagigo srl, via F. Paciotto 6a Alberi di Vigatto PR, via appropriate form.
5.6 In case of withdrawal, the Consumer has the obligation to return the products to the Engagigo address (via F. Paciotto 6a, Alberi di Vigatto PR) within 14 days from the notification of withdrawal.
5.7 Following the valid exercise of the right of withdrawal, Engagigo will return all payments received in relation to the product or service purchased, including shipping costs relating to the most economical shipping method available; the refund will be made within 14 days from the day Engagigo receives the notification relating to exercising the right of withdrawal, subject to the following provisions.
5.8 In contracts for the sale of products, Engagigo reserves the right to retain the refund until receipt of the product to be returned or until proof of shipment of the goods has been provided, depending on the situation that occurs first.
5.9 In service contracts, the refund shall be made net of an amount proportional to what has been provided until the moment in which the Consumer has informed Engagigo of exercising the right of withdrawal, having regard to all the services provided for in the contract.
5.10 The refund shall be made on the same payment method used to place the order, unless the Consumer has agreed otherwise.
5.11 The Consumer will not incur any costs as a consequence of the withdrawal, except for the direct costs of returning the products which are intended to be borne by the Consumer.
5.12 The Consumer is responsible for the decrease in value of the goods resulting from handling of the goods, other than that necessary to establish the nature, characteristics and functioning of the goods purchased.
5.13 Engagigo also informs the User that, by virtue of the exceptions contained in Article 59 of the Italian Consumer Code, the Consumer cannot exercise the withdrawal described above in the following cases:
the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and which have been opened after delivery or which are inseparably mixed with other goods after delivery;
the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
the supply of goods made to measure or clearly personalised;
the supply of goods that are in danger of deteriorating or expiring rapidly;
service contracts after the complete provision of the service, if the execution has started before the expiry of the withdrawal period with the agreement of the Consumer and with the acceptance of the loss of the right of withdrawal after execution;
the supply of digital content (including applications, software, eBooks, MP3, etc.) by means of a non-material medium if at the time of placing the order the Consumer has expressly given consent to the start of execution before the expiry of the withdrawal period, accepting the loss of the right of withdrawal as a result of the start of execution;
the provision of non-residential accommodation, transport of goods, car rental services, catering or the provision of services relating to leisure activities where the contract provides for a specific date or period of performance;
the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications.
5.14 In case of purchase of goods or services sold by a Third-Party Supplier, the latter shall independently determine and apply its withdrawal and return policies, without prejudice to the mandatory provisions of the law on consumer withdrawal (see Articles 52 et seq. of the Italian Consumer Code). For more information about this, the User should read the terms of sale and supply of the Third-Party Supplier. In any case, Engagigo is not responsible for the return and withdrawal policies independently determined and applied by the Third-Party Supplier. The contact details and addresses to exercise the withdrawal are those from time to time indicated by the Third-Party Supplier in the purchase process.
5.15 Withdrawal relating to products and services sold or supplied directly by Engagigo or by Third-Party Suppliers does not in any case have any effect on the Registration and Membership possibly included in the same order, which therefore remain valid and effective.
5.15 The conditions to withdraw from the Sporting Body or in any case to cancel membership (see Article 1(b) of the General Terms and Conditions) depend exclusively on the internal rules of the Sporting Body, to which the member must refer and to which Engagigo is extraneous. In any case, the withdrawal or cancellation does not give the right to a refund of any Service Fee as the service provided by Engagigo ends once and for all with the confirmation of the membership.
6) Additional costs and charges
6.1 The Registration Fee or the Membership Fee are freely determined, as the case may be, by the Organiser or the Sporting Body; these fees do not include the Service Fee that Engagigo may charge for the remuneration of its services. The criteria for the determination of the Service Fee (if any) and its amount are indicated within the purchase process on the Platform and may vary depending on the Event or specific membership.
6.2 The Platform indicates the relative purchase price and any accessory charges (for example, delivery costs) in correspondence with each product or service sold by Engagigo or Third-Party Suppliers. The products or services sold by the Third-Party Supplier are indicated as available at the latter's request; Engagigo cannot therefore be held responsible for any unavailability of products and services indicated by mistake as available on the Platform at the Third-Party Supplier's request.
6.3 Before the conclusion of the contract, Users will see the total amount that they will be required to pay by submitting the order in the order summary; depending on the specific services or products selected from time to time by Users or in any case by their requests, this total amount may consist of
the Organiser's Registration Fee;
the Sporting Body's Membership Fee
the Engagigo Service Fee;
the price and any additional charges (for example, delivery costs) relating to the purchase of goods or services sold directly by Engagigo and placed in the shopping cart by the User as part of the registration process;
the price and any additional charges (for example, delivery costs) relating to the purchase of goods or services sold by Third-Party Suppliers and placed in the shopping cart by the User as part of the registration process.
6.4 The total cost to be paid does not include the cost of using the means of remote communication employed by the User to send the order, or any fees applied autonomously by the supplier of the payment service used by the User; these costs are entirely borne by the User and their amount depends on the specific agreements between the User and the suppliers employed by the same.
6.5 The order acceptance message will summarise the total amount to be paid and the different items that make it up.
6.6 All amounts indicated through the Platform are to be considered inclusive of VAT, where applicable.7) Methods of payment
7.1 Payments for registrations and for any goods or services purchased through the Platform must be made to Engagigo, unless otherwise indicated; the latter declares and guarantees to the User that it has received from the Organiser, the Sporting Body and the Third-Party Supplier the delegation to collect any payment due in relation to orders sent through the Platform. Moreover, Engagigo guarantees that the payments correctly made in its favour will also have a beneficial effect for the Organiser, the Sporting Body and the Third-Party Supplier on whose behalf Engagigo acts, with the consequence that Engagigo undertakes to indemnify the User from any claims in this regard by these parties.
7.2 Payments may be made by one of the payment methods indicated from time to time on the Platform. Engagigo reserves the right, for security or other reasons, to apply restrictions to payment instruments that can be used for a given transaction. Payment instruments that cannot be used for a specific order will not be displayed by the User during the purchase process. By accepting these General Terms and Conditions, the User authorises the debit of the amount due, as indicated from time to time in the order summary page, on the payment instrument chosen.
7.3 In case of payment by debit/credit card, the total amount will be charged to the payment instrument when the order confirmation message is sent. Engagigo uses a secure payment service based on the SSL protocol. Sensitive credit/debit card data (card number, holder, expiry date and security code) are encrypted and transmitted directly to the payment service provider. Engagigo therefore has no access to such data.
7.4 In some cases, Registration payment will be allowed after the order confirmation (for example, by bank transfer or at the Event location into the hands of the Organiser or its delegate); it is understood that in case of non-payment within the deadline and the manner identified on the Platform at the time of order transmission, Registration will be cancelled.8) Participation in Events
8.1 In order to participate in the Event through the Registration purchased on the Platform, the registered person is responsible for following the instructions given in the Rules and Regulations, as well as the further instructions provided by the Organiser before the Event (for instance, through the email address provided at the time of registration). Registered persons will not be entitled to participate in the Event and will therefore be excluded from the Event if they do not meet the subjective requirements provided for in the Regulations as an essential condition for participation. It is the User's sole responsibility to verify that the person registered meets all the requirements set out in the Regulations; in this case of exclusion, therefore, no refund of the Registration Fee and the Service Fee, where applied, will be made. The Regulations may also reserve the right for the Organiser to exclude the person registered from the Event in further cases, also at the discretion of the Organiser, foreseeing the relative consequences. It is understood that in case of exclusion at the discretion of the Organiser, the User will be entitled to a refund of the relevant Registration Fee.
8.2 Registrations are personal, having regard to the person in whose name they were purchased; unless otherwise specified, Registrations may not be transferred to third parties.
8.3 It constitutes a serious violation of these General Terms and Conditions to carry out any commercial activity concerning the resale for commercial purposes, even in a non-business form, of the Registrations purchased through the Platform.
8.4 Violation of the provisions contained in this Article entails the User's obligation to pay damages, as well as to indemnify and hold harmless Engagigo and the Organiser from any damages, claims for compensation or sanctions from third parties resulting from the aforementioned violation.9) Product delivery
9.1 The products sold by Engagigo through the Platform will be delivered to the address indicated by the User during the purchase process. No deliveries are made outside the Italian territory..
9.2 Home delivery is intended to be paid for with charges borne by the User, unless otherwise provided in the purchase process. The standard method used for home delivery is express courier. During the purchase process, several delivery options may be made available to the User, with different times and costs for the User to choose from. Delivery times and costs are always expressly indicated on the order summary page.
9.3 If for any reason the delivery deadline is not indicated, it will be made within 30 days after the conclusion of the contract. Deliveries will be made on normal working days and during office hours.
9.4 At the time of shipment, the User will receive an email confirming that the courier has taken charge of the shipment with the shipping code. The User undertakes to cooperate with the carrier to facilitate and make delivery operations possible; acceptance of delivery of the purchased products is one of the User's obligations. The delivery obligation is understood to be fulfilled by Engagigo by transferring the material availability or in any case control of the products to the User, without prejudice to the following.
9.5 In the event that delivery is not possible due to the absence of the recipient, the courier will leave a notice to document the failed delivery attempt; the notice will also contain the courier's contact details through which the User may agree to the return of the products. After the first unsuccessful delivery attempt, the products will remain in the carrier's possession for the period indicated in the non-delivery notice left to the User; after this period has elapsed, the carrier will return the products to Engagigo, where they will remain at the User's disposal, who may request a new delivery, bearing the relevant costs. It is understood that following the return of the products by the carrier to Engagigo, or in any case in the event of a violation of the User's obligation to accept delivery, the latter will not be able to request the termination of the contract and the return of the amount charged.
9.6 It is also the User's responsibility to check that the packaging is intact and not altered at the time of delivery. If anomalies of any kind are found in the package delivered, Users are invited, in their own interest, to have the anomalies noted on the carrier's transport document, accepting delivery with reservation. In fact, Users are reminded that, in accordance with Article 1698 of the Italian Civil Code, the receipt of the goods transported without reservation extinguishes any claims against the carrier, except in the case of intent or gross negligence of the carrier and without prejudice to claims for partial loss or damage not recognisable at the time of delivery, provided that in the latter case the damage is reported as soon as it is discovered, no later than 8 days after receipt.
9.7 Delivery periods commence on conclusion of the contract. In case of non-delivery within the deadline, the User can report the problem to Engagigo through the contact details indicated in Article 17 below.
9.8 Where the User qualifies as a Consumer within the meaning of the Italian Consumer Code, in the event of non-delivery the User may also invite Engagigo to make the delivery within a reasonable period of time in relation to the circumstances; where delivery is not made within the period thus granted, the User, in accordance with Article 61 of said Code, will have the right to terminate the contract, without prejudice to compensation for damages. The User is not obliged to grant the additional time limit provided above in the following cases:
Engagigo has expressly refused to deliver the products; namely
if compliance with the deadline agreed by the parties for the delivery of the products must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; or
if the User has informed Engagigo, prior to the conclusion of the contract, that delivery by or on a specific date is essential.
In the cases provided for in points a, b and c above, in the event of non-delivery within the agreed time frame, the User is entitled to immediately terminate the contract of sale of the products, without prejudice to compensation for damages.
9.9 In the event of termination of the contract due to non-delivery attributable to Engagigo, Engagigo will reimburse the User without delay for all sums already paid in execution of the contract for the sale of the products. The termination of the sales contract for non-delivery of the products and the reimbursement of the relative fee will not have any effect with respect to the fees paid by the User for registration for an Event or for any other reason, the relative contracts remaining fully valid and effective.
9.10 The delivery of products purchased from Third-Party Suppliers on the Platform is managed in total autonomy by the latter without any intervention or control by Engagigo. Times, costs, restrictions and delivery methods are those indicated by the Third-Party Supplier in its terms and conditions of sale and/or in the information provided, under its sole responsibility, within the purchase process. For any question or complaint relating to the delivery of the purchased products, the User is invited to contact the Third-Party Supplier directly.10) Legal and contractual guarantees
10.1 With respect to products sold directly by Engagigo, the latter informs the User that buyers who qualify as Consumers are entitled by law to the legal warranty of compliance ("Legal Warranty") to which the seller is bound on each product sold.
10.2 The Legal Warranty guarantees the goods from compliance shortcomings by the sales contract, in accordance with the provisions of Article 129 of the Italian Consumer Code. In case of applicability of the Legal Warranty, the Consumer will have the right to have the good restored to compliance by repair or replacement without charge or, if this is not possible, to a reduction of the purchase price or to the termination of the contract.
10.3 Engagigo shall be liable for compliance shortcomings if they occur within two years from the delivery date of the goods. In order to benefit from the Legal Warranty, the Consumer has the obligation, under grounds of forfeiture, to report the compliance shortcoming to the seller within two months of its discovery.
10.4 Without prejudice to the foregoing provisions on Legal Warranty, these General Terms and Conditions exclude any warranty on products sold by Engagigo within the maximum limits allowed by law.
10.5 Engagigo is not the seller of the products and services offered on the Platform by Third-Party Suppliers and therefore does not issue any guarantee, neither legal nor contractual, on such products and services. The selling party is the Third-Party Supplier identified on the Platform from time to time within the purchase process. For any question or claim relating to the warranty, legal or commercial, on such products and services, Users must contact the Third-Party Supplier from whom they purchased the product or service directly. In order to know the terms of the warranty on purchased products, the User must check the terms of sale from time to time applied by the Third-Party Supplier and any information provided by the latter in this regard as part of the purchase process or at the User's request, subject to the mandatory provisions of the law on warranty.11) Postponed or cancelled events
11.1 Engagigo, as a person acting in the name and on behalf of the Event Organiser for the sale of Registrations and therefore extraneous to the relationship between the Organiser and the User, cannot be held responsible for any postponement or cancellation of the Event.
11.2 Engagigo will communicate, in the name and on behalf of the Organiser, the initiatives taken by the latter in the event of the postponement or cancellation of the Event; such measures may include the reimbursement or replacement of Registrations, at the Organiser's discretion. The timing and methods of any refunds are in any case decided by the Organiser in total autonomy and may be forfeited in the event of non-compliance with the procedure decided upon by the Organiser. For further information on the consequences of cancellation or postponement of the Event and to make an informed business decision, the User is invited to read the Regulations carefully and, where useful, to contact the Organiser directly before sending the order.
11.3 Under no circumstances will Engagigo refund the Registration Fee, unless the Organiser requests it, providing the relevant funds. In this case, the refund will be made within 30 days of receipt of the funds. If Users are not satisfied with the decisions taken by the Organiser regarding the cancellation or postponement of the Event, they may assert their rights against the Organiser.
11.4 In the event of cancellation or postponement of the Event, the User will not be entitled to a refund of the Service Fee applied independently by Engagigo as a fee for the use of the Platform for Registration purposes; this service is understood to be provided once and for all with the purchase of the Registration and is therefore independent of the subsequent provision by the Organiser of the service related to the Event.12) Refunds
12.1 Any refunds for any reason relating to the payments made, through Engagigo, in favour of the Organiser, the Sporting Body and/or the Third-Party Supplier, must be requested by the User directly from these parties. Engagigo reserves the right to make a refund only on behalf of the Organiser, the Sporting Body or the Third-Party Supplier and only after having received the relevant funding.
12.2 Without prejudice to the above, any refunds for any reason whatsoever in the User's favour (for example, refunds by proxy of the Organiser in the event of cancellation of the Event) will be made by Engagigo to the same means of payment employed by the User for the initial transaction. Where this is not possible for any reason, the refund may be made by direct bank transfer to the bank details indicated by the User.
12.3 The above provisions shall be without prejudice to the possibility of requesting a refund from your payment service provider under the rules applied by that provider.13) Limitations of liability
13.1 Except in cases of wilful misconduct or gross negligence, Engagigo cannot be held responsible for damages of any nature which the User may have incurred in connection with the sale of the Registration or membership with the Sporting Body.
13.2 Engagigo will also not be responsible:
in the event of non-substantial differences between the goods purchased and their illustrative images and text descriptions published on the Site;
for fulfilling the obligations of third parties who may offer commercial guarantees in relation to the products for sale on the Site.
13.3 Engagigo is also excluded from any liability for facts and conduct attributable exclusively to the Organiser, the Sporting Body and/or the Third-Party Supplier, or in any case relevant to the correct execution of the relationship between the User and these parties, to which Engagigo remains extraneous.
13.4 Engagigo cannot be held liable in the event of unlawful processing of personal data attributable to the Organiser, the Sporting Body and/or the Third-Party Supplier in their capacity as independent Data Controllers as provided for in Article 15 below, or to any other parties to whom the latter may disclose the personal data provided by the User.14) Event video-photographic filming releases
14.1 The User is aware that the Organiser may, at its discretion, provide for video-photographic filming of the Event and its participants, including through its business partners and/or service providers. Such filming may be used for the purposes indicated in the Regulations and related documentation; for instance, for the purposes of reporting, documenting and promoting the Event on the website of the Organiser and its business partners, and/or for commercial purposes to allow the participants themselves to purchase photos and videos of the Event through special online services provided by the Organiser or its business partners. For further information on the possibility of video-photographic filming at the Event and on the related purposes, the User is invited to check the content of the Regulations and the related documentation.
14.2 By accepting these General Terms and Conditions, the User declares and guarantees that the persons registered through the Platform (including, in this case, the Users themselves) provide the fullest release, also through their representatives, for the use of their images taken in the context of the Event for the purposes identified in the Regulations and in the related documentation.
14.3 Violation of the aforementioned guarantee constitutes a serious breach of the General Terms and Conditions and obliges the User to indemnify and hold Engagigo, the Organiser and their business partners harmless from any damage, sanction or claim for compensation from third parties in any way connected to the lack or invalidity of the releases relating to the video-photographic filming of the Event for the purposes indicated in the Regulations and related documentation.15) Privacy
15.1 Engagigo informs the User that the personal data provided in the registration or purchase process will be processed as autonomous Data Controllers in accordance with the provisions contained in EU Regulation 2016/679 by:
15.2 Where necessary for the pursuit of certain purposes (for example, for marketing purposes), as part of the purchase or registration process, the User may be required to provide specific privacy consents.
15.4 In addition, Engagigo, as manager of the Platform and in order to allow the Organisers, the Sporting Bodies and the Third-Party Suppliers to correctly execute their respective relationships with the User and to pursue their possible further processing purposes, Engagigo may share the personal data provided by the User in the purchase or registration process with these subjects. In such cases, Engagigo will act as Data Processor appointed, as the case may be, by the Organiser, the Sporting Body or the Third-Party Supplier, in their capacity as Data Controllers, pursuant to Article 28 of EU Regulation 2016/679.
15.5 It is understood that in the cases provided for in Art. 15.1(a)(b) and (d) above, the Organisers, Sporting Bodies and Third-Party Suppliers will process the personal data indicated above as autonomous Data Controllers based on their own independent information and the assumptions identified in them. By accepting these General Terms and Conditions, Users confirm that they have read the privacy documentation provided from time to time by the Organiser, the Sporting Body and the Third-Party Supplier as part of the purchase or registration process.16) Applicable law and place of jurisdiction
16.1 These General Terms and Conditions are governed by and shall be interpreted in accordance with Italian law.
16.2 In the event of disputes in any case related to the relationships governed by these General Terms and Conditions, Consumers may assert their rights before the court of the place where they have their residence or elected domicile or, at their choice, before the court of the place where Engagigo or the Organiser, as the case may be, has its registered office. Claims against Consumers shall be brought before the courts of the place where Consumers have their residence or elected domicile. In all other cases of disputes between a User and Engagigo, the Court of Parma will have exclusive jurisdiction.17) Contact persons
17.1 For any direct communication to Engagigo, the User may use the following contact details or the appropriate channel available in the "Support" section of the Site:
Engagigo S.r.l., Via F. Paciotto 6a, 43124 Alberi di Vigatto (PR)
17.2 For direct communication with the Organiser, the Sporting Body or Third-Party Suppliers, the User must use the different contact details indicated by these parties from time to time (for example, through the Event Regulations or the terms and conditions of sale of Third-Party Suppliers).
17.3 Communication directed to the User may be validly addressed to the addresses indicated by the User in the registration or purchase process on the Platform.18) Miscellaneous
18.1 In the event that the User fails to comply with these General Terms and Conditions, failure to exercise the right to take action against the User can never be considered as a waiver of a breach of the commitments undertaken by the User.
18.2 Should any of the provisions contained in these General Terms and Conditions be deemed invalid, void or unenforceable for any reason whatsoever, this condition shall not affect the validity and effectiveness of the other provisions.