TERMS
These Terms govern your use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized terms are defined in the relevant section of this document.
Please read this document carefully.
The entity responsible for this Website is:
ASD Ar Esports
Via Michelangelo Buonarroti 129
81031 Aversa (CE)
Italy
Owner's email address: tornei@aresportsgaming.it
"This Website" refers to
this site, including its subdomains and any other sites through which the Owner offers the Service;
WHAT YOU NEED TO KNOW AT A GLANCE:
The right of withdrawal applies only to European Consumers. Please note that certain provisions of these Terms may only apply to certain categories of Users.
In particular, some provisions may apply only to Consumers or only to Users who do not qualify as Consumers.
Such limitations are always explicitly mentioned in each relevant clause. In the absence of such a mention, the clauses apply to all Users.
Access to this Website is permitted to Users who meet the age requirements specified in these Terms.
TERMS OF USE:
Unless otherwise specified, the terms of use of this Website set forth in this section apply generally. Additional terms of use or access that may apply in specific situations are expressly indicated in this document. By using this Website, the User declares to meet the following requirements: There are no restrictions on whether Users are Consumers or Business Users; The User must be at least 18 years old, or 16 years old with written parental consent.
Registration:
To use the Service, Users must open an account by providing all required data and information in a complete and truthful manner.
It is not possible to use the Service without opening a User account.
Users are responsible for keeping their login credentials secure and confidential.
To this end, Users must choose a password on this Website.
By creating an account, Users agree to be fully responsible for all activities performed under their login credentials.
Users are required to immediately and unambiguously notify the Owner using the contact details provided in this document if they believe their personal information,
such as their User account, login credentials, or personal data, has been violated, unlawfully disclosed, or stolen.
Registration Requirements:
Registration for a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.
Account opening through bots or other automated means is not permitted.
Unless otherwise specified, each User may only create one account.
Unless expressly permitted, a User's account may not be shared with other people.
Account Closure:
The User is free to close their account and cease using the Service at any time by following this procedure:
Using the account closure tools available on this Website.
Contacting the Owner at the contact details provided in this document.
Account Suspension and Cancellation
The Owner reserves the right to suspend or cancel a User's account at any time, at its sole discretion and without notice, if it deems such use inappropriate, offensive, or in violation of these Terms.
Suspension or cancellation of an account does not entitle the User to any compensation, reimbursement, or compensation.
Suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly identifiable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes every effort to ensure that the content available on this Website does not violate applicable laws or third-party rights. However, this may not always be possible.
In such cases, without prejudice to any legally enforceable rights and claims, Users are asked to direct any complaints to the contact details specified in this document.
Rights regarding content on this Website – "some rights reserved"
Unless otherwise specified, the following does not apply to third-party content available on this Website, such as third-party trademarks, logos, music, images, etc.:
The Owner licenses the intellectual property rights on the content according to a "some rights reserved" model.
The User can obtain further information regarding the permitted uses of such content by consulting the relevant section of this Website.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions applicable to resources provided by third parties, including those applicable to any possible granting of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by applicable law.
Permitted Use
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law. It is the User's sole responsibility to ensure that use of this Website and/or the Service does not violate any law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including, in particular, denying the User access to this Website or the Service, terminating contracts, and reporting any objectionable activity
carried out through this Website or the Service to the competent authorities—e.g., judicial or administrative authorities—whenever the User commits or is suspected of committing:
violations of laws, regulations, and/or the Terms;
infringement of third-party rights;
actions that may significantly harm the Owner's legitimate interests;
offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE:
Paid Products
Some of the Products offered on this Website as part of the service are paid for.
The fees, duration, and conditions applicable to the sale of these Products are described below and in the respective sections of this Website.
Product Description:
Product prices, descriptions, and availability are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the greatest accuracy technically possible, representation on this Website
through any means (including, as applicable, graphic materials, images, colors, sounds) is intended for reference only and does not imply any warranty regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase process.
Purchasing Process:
Every step, from selecting a product to placing the order, is part of the purchasing process.
The purchasing process includes the following steps:
Users are asked to select the desired Product and verify their purchase selection. After reviewing the information displayed in the purchase selection, Users can place the order by submitting it. Submitting the Order
Submitting the order entails the following:
Submitting the order by the user determines the conclusion of the contract and creates the User's obligation to pay the price, taxes, and any additional charges and expenses, as specified on the order page. If the purchased Product requires active input from the User, such as the provision of information or personal data,
specifications, or special requests, submitting the order also creates the User's obligation to cooperate accordingly. Once the order has been submitted, Users will receive an order confirmation.
For physical products with shipping
Shipping options may vary depending on the delivery address, the time of ordering, and item availability.
Please note that deliveries are only made on business days.
From the time of purchase, your order will be shipped within 10-15 business days.
RETURNS
Returns are possible within 30 days of the product's arrival if the product arrives defective or faulty.
Send an email with a photo to tornei@aresportsgaming.it, explaining the problem.
The customer will be responsible for shipping costs in the event of a return.
Prices:
During the purchase process and before placing the order, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged.
Prices on this Website:
Depending on the section the User is viewing, they include all applicable fees, taxes, and costs or are shown net of applicable fees, taxes, and costs.
Promotions and Discounts
The Owner may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that Users may assert in the future.
Depending on the circumstances, discounts and promotions are valid for a specific period of time or while stocks last. Unless otherwise specified, the time limits for promotions and discounts refer to the time zone of the Owner's headquarters, as indicated in the contact information in this document.
Promotional codes issued will be valid for 3 months from the date of issue.
Payment Methods:
Details regarding accepted payment methods are highlighted during the purchase process.
Some payment methods are subject to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Website.
All payments are handled independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers –
but receives a notification once the payment has been successfully completed.
If a payment made using one of the available payment methods fails or is rejected by the payment service provider,
the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are the responsibility of the User.
Authorization for future payments via PayPal
If the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User's PayPal account. This will allow this Website to automatically process payments for future purchases or for periodic installments of a previous purchase.
Authorization can be revoked at any time by contacting the Owner or by changing your PayPal personal settings.
Retention of Rights of Use:
Until the Owner receives full payment of the purchase price, the User does not acquire rights to use the ordered Products.
Delivery
Service Provision
The purchased service will be performed or made available within the timeframes indicated on this Website or according to the methods communicated before placing the order.
USER RIGHTS:
Right of Withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days)
for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who is entitled to the right of withdrawal
Unless one of the exceptions listed below applies, Users who qualify as European Consumers have the statutory right
to withdraw from contracts concluded online (distance contracts) within the period specified below for any reason and without justification.
Users who do not meet these requirements do not have the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.
To this end, the User may use the standard withdrawal form found in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.
When does the withdrawal period expire?
For contracts relating to the provision of a service, the withdrawal period expires 14 days after the day of conclusion of the contract, unless the User has waived the right of withdrawal.
Effects of Withdrawal:
The Owner will refund all payments received, including, if applicable, those related to delivery costs, to Users who have correctly exercised their right of withdrawal.
However, any additional costs resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will be borne by the User.
The refund will be made without undue delay and, in any case, within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract.
Unless otherwise agreed with the User, the refund will be made using the same payment method used for the initial transaction.
The User will not incur any fees as a result of the withdrawal.
If the User exercises the right of withdrawal after requesting that the provision of the service begin before the withdrawal period expires,
the User will be required to pay the Owner a fee proportionate to the portion of the service provided up to the time the User informed the
Owner of their intention to withdraw from the entire service provided under the contract.
The fee will be calculated based on the contractually agreed price and will be proportionate to the portion of the service provided up to
the time the User exercises the right of withdrawal from the entire service provided under the contract.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
Australian Users
Limitation of Liability
Nothing in these Terms excludes, limits, or modifies any guarantee, condition, indemnity, right, or remedy that you
may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation that
is a right that cannot be excluded, limited, or modified (a non-excludable right). To the fullest extent permitted by law,
our liability to you, including liability for a breach of a non-excludable right and any other liability
not otherwise excluded under these Terms and Conditions, is limited, at the Owner's discretion, to the re-supply of the services or the payment of the cost of having them supplied again.
US Users
Disclaimer of Warranty
The Owner provides this Website on an "as is" and "as available" basis. Use of the Service is at your own risk.
To the fullest extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties of any kind –
whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability,
fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written,
obtained by the User from the Owner or through the Service will create any warranty not expressly provided herein. Without limiting the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure,
at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User is
solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such download or from the User's use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Service or any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device, and/or operating system.
The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation, or use of the Service.
Federal law, some states, and other jurisdictions do not allow the exclusion or limitation of certain implied warranties.
The above exclusions may not apply to Users. This Agreement gives Users specific legal rights.
Users may also have other rights that vary from state to state. The limitations and exclusions under this Agreement apply to the fullest extent permitted by law.
Limitation of Liability:
To the maximum extent permitted by applicable law, in no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for:
any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or your account or the information contained therein;
any errors, deficiencies, or inaccuracies in content;
personal injury or property damage, of any nature, resulting from your access to or use of the Service;
any unauthorized access to the Owner's security servers and/or any personal information stored therein; any interruption or cessation of transmissions to or from the Service; any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. Under no circumstances will the Owner, its subsidiaries, affiliates,
officers, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount greater than the amount paid by the User to the Owner
in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.
This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms will not apply to the extent prohibited by applicable law.
Manleva:
The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders,
partners, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities,
charges or debt, and expenses, including, without limitation, attorneys' fees and expenses, arising from
the User's use of or access to the Service, including any data or content transmitted or received by the User;
the User's violation of these Terms, including, but not limited to,
any breach by the User of any representation or warranty set forth in these Terms;
the User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property;
Your violation of any applicable law, rule, or regulation;
any content submitted from your account, including, but not limited to, misleading,
false, or inaccurate information, including access by a third party using your username and password or other security measures, if any;
your malicious conduct; or
your violation of any legal provision by you or your affiliates, officers, agents, co-branders,
partners, suppliers, and employees, to the extent permitted by applicable law.
GENERAL PROVISIONS:
No Implied Waiver
The Owner's failure to exercise any legal right or claim arising from these Terms does not constitute a waiver thereof.
No waiver of any specific right or any other right shall be considered a continuing waiver.
Service Interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance,
system updates, or any other changes, providing appropriate notice to Users.
To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination of the Service,
the Owner will ensure that Users can withdraw their Personal Data and information in accordance with legal provisions.
Furthermore, the Service may be unavailable due to circumstances beyond the Owner's reasonable control,
such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).
Reselling the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell, or exploit this Website or
the Service, in whole or in part, without the Owner's prior written consent, granted directly or through a legitimate reselling program. Privacy Policy
Information on the processing of Personal Data is contained in this Website's privacy policy.
Intellectual Property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights,
such as copyrights, trademarks, patents, and designs relating to this Website, are held exclusively by the Owner or
its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks—word or figurative—and any other distinctive signs, trade names, service marks, illustrations, images, or logos
appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected
under applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In such case, the Owner will provide appropriate notice of the changes to Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service constitutes the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he or she must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date by which the revised Terms will enter into force.
Assignment of Contract:
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract any or all rights and
obligations under these Terms, taking into account the legitimate interests of Users.
The provisions regarding modifications to these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact Information
All communications relating to the use of this Website must be sent to the contact information indicated in this document.
Severability Clause
Should any provision of these Terms be held or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall therefore remain valid and enforceable.
US Users
Any invalid or unenforceable provision will be interpreted and adapted to the extent necessary to render it valid, enforceable, and consistent with its original intent.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede any other communications, including any prior agreements, between the parties regarding the subject matter hereof. These Terms will be enforced to the fullest extent permitted by law. European Users
Should any provision of these Terms be or become void, invalid, or unenforceable, the parties shall do their best to amicably find an alternative, valid and enforceable provision to replace the void, invalid, or unenforceable provision. In the event of failure to reach an agreement within the aforementioned terms, if permitted or stated by applicable law, the void, invalid, or unenforceable provision shall be replaced by the applicable statutory provisions.
Notwithstanding the foregoing, the void, invalid, or unenforceable provision of a particular provision of these Terms shall not nullify the entire Agreement, unless the void, invalid, or unenforceable provisions are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would impose an unreasonable hardship on any of the parties.
Applicable Law
The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the foregoing, if the User qualifies as a European Consumer and has their habitual residence in a country whose
law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to decide on any dispute arising from or in connection with these Terms
lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.
DISPUTE RESOLUTION:
Amicable Dispute Resolution
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
While the right of Users to take legal action remains unaffected, in the event of a dispute regarding the use of this Website or the Service, Users are requested to contact the Owner at the contact details provided in this document.
Users may submit a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the affected order, purchase, or account.
The Owner will process the request without undue delay and within 21 days of receipt.
Definitions and Legal References
This Website (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Business User
Any User who does not meet the definition of a Consumer.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Standard Withdrawal Form
Addressed to:
ASD Ar Esports Via Michelangelo Buonarroti 129 Aversa 81031 (CE)
email tornei@aresportsgaming.it
I/We hereby notify you of my/our withdrawal from the contract for the sale of the following goods/services:
_____________________________________________
(insert a description of the goods/services you wish to withdraw from here)
Ordered on: _____________________________________________
(insert date)
Received on: _____________________________________________
(insert date)
Name of consumer(s): _____________________________________________
Address of consumer(s): _____________________________________________
Date: _____________________________________________
(Sign only if this form is notified on paper)
Owner (or We)
Indicates the natural person or legal entity that provides this Website and/or offers the Service to Users. Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All terms and conditions applicable to the use of this Website and/or the provision of the Service
as described in this document and in any other related documents or agreements, as currently updated.
Product
A good or service that can be purchased through this Website, such as physical goods, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for
purposes outside of his or her trade, business, craft, or profession.
User (or You)
Indicates any natural person who uses this Website.
Updated 06/28/2024
terms and condition
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