Terms and Conditions

These Terms (hereinafter “Terms ‘or ’Terms of Use”) govern your use of this Site and any other Agreement or legal relationship with the Owner in connection with the Site https://store.tourvespucci.it

The User is requested to read this document carefully.

This Site is a service produced by:

99 Tour Vespucci Srl - Via Fulcieri Paulucci De' Calboli 5 - 00195 Roma (RM) - P.IVA 17592821007

Owner's e-mail address: store@tourvespucci.it

Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause . If not mentioned, the clauses apply to all Users.

Site Content

Unless otherwise specified, the conditions set forth in the Terms of Use apply generally.

Additional conditions and access rules applicable in particular situations are expressly stated herein.

By using this Site, you represent that you meet the following requirements: there are no restrictions referred to Users with respect to whether they are Consumers or Professional Users.

Unless otherwise specified, all content available on this Site is owned or provided by the Owner, in cooperation with the Italian Ministries indicated on this Site.

The Owner takes the utmost care to ensure that the content available on this Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

Rights to the contents of the Site

The Owner holds and expressly reserves all intellectual property rights to the contents of the Site, the domain of which it owns.

Users are not authorized to use the contents in any way that is not necessary or implicit in the proper use of the Service.

In particular, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on the Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on the Site, the User is authorized to download, copy and/or share certain content available on the Site solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner is observed.

The limitations and exclusions provided by copyright law remain unaffected.

Access to External Resources

Through this Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is therefore not responsible for their content or availability.

Permitted Use

This Site may be used only for the purposes for which it is offered, under these Terms and under applicable Italian law as further specified below.

It is your sole responsibility to ensure that your use of the Site does not violate any law, regulation or the rights of any third party.Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to the Site or part of the Site, terminate contracts, report any censurable activity carried out through this Site to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing:violations of laws, regulations and/or the Terms;

injury to the rights of third parties;

acts that may prejudice the legitimate interests of the Owner and/or the Ministries indicated on the Site;

offenses against the Owner, the Ministries indicated in the Site or a third party.

Limitation of liability for User's activities on the Site.

The terms and conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law, and Users are encouraged to read them.

Except where otherwise specified and subject to applicable provisions of law, any claim for damages against the Owner (or any natural or legal person acting in conjunction with and/or on behalf of the Owner) is excluded.

The foregoing does not limit the Owner's liability for personal injury or damage to physical or mental integrity, damages arising from the breach of contractual obligations, and/or to damages caused with intent or gross negligence, provided that the User's use of the Site has been fit and proper.Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Disclaimer of Warranty.

The Owner provides this Site “as is” and as available. Use of the Site is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including but not limited to any warranties of 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 Site shall create any warranty not expressly set forth here in

Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, employees, and more generally others acting on behalf of the Owner do not warrant that the content will be accurate, reliable, or correct; that the Site will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site 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 operation or the User's use of the Site

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Site nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third-party providers of products or services.

The Site 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, resulting from the content, operation, or use of the Site.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Holder and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, employees, and more generally others acting in conjunction with and/or on behalf of Holder 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, or inability to use the Site; and

any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Site or User account or information contained therein;

any errors, omissions or inaccuracies in the content;

personal injury or property damage, of any nature, resulting from User's access to or use of the Site;

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 Site;

any bugs, viruses, Trojans, malware or the like that may be transmitted to or through the Site;any bugs, viruses, Trojans, malware or the like that may be transmitted to or through the Site;

any error or omission 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 Site; and/orthe defamatory, offensive or illegal conduct of any User or third party.In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, employees and more generally others acting on behalf of and/or in conjunction with the Owner be liable for any claim, proceeding, liability, obligation, damage, loss or other injury.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner, the Ministries listed on the Site, subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, employees of either party, and more generally other parties acting on behalf of and/or in cooperation with the Owner from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts, and expenses, including, without limitation, legal fees and expenses arising from:

Your use of or access to the Site, including any data or content transmitted or received by You;

User's breach of these Terms, including, but not limited to, any breach by User of any representation or warranty set forth in these Terms;

Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;

User's violation of any applicable law, rule or regulation;

any content posted by User's account, including, but not limited to, misleading, false or inaccurate information, and including where access is gained by a third party using User's personal username and password or other security measures, if any;

the willful misconduct of the User; orthe violation of any provision of law by User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law.

Common provisions

No Implied Waiver

The failure of the Owner and/or the Ministries named on the Site to exercise any right or claim under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or claim.

Interruption of the operation of the Site

To ensure the best possible level of service, the Owner reserves the right to interrupt the operation of the Site for purposes of maintenance, system upgrades or any other changes, giving, as far as possible, appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely cease operation of the Site. In the event of termination of the Site's operation, the Owner will respect the rights of Users relating to continued use of the Site and/or compensation as provided by law.

In addition, the Site may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., infrastructural malfunctions, power outages, etc.).

Resale of the Site

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Site in whole or in part without the prior written consent of the Owner.

Privacy policy

Information on the processing of personal data is contained in the Privacy Policy for this Site available here (link to privacy policy for the site).

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to the Site are held exclusively by the Owner and/or the Ministries indicated on the Site and are protected under applicable international intellectual property laws and treaties.

All trademarks - whether denominative or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with the Site are and shall remain the exclusive property of the Owner and/or the Ministries indicated on the Site and are protected under applicable international intellectual property laws and treaties.

Changes to the Terms

The Owner reserves the right to change the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users. Changes will take effect from the time they are posted on the Site. The Owner will make every effort to minimize inconvenience to Users with respect to said changes.

It is understood that continued use of the Site implies User's acceptance of the updated Terms.

Assignment of Contract.

The Owner reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions regarding the amendment of these Terms shall apply.

Users are not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications pertaining to the use of the Site should be sent to the contact details set out in this document.

Severability Clause.

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective.

Amicable settlement

Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.

In the event of failure to agree within the aforementioned timeframe, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable provision.

Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party.

Applicable Law

The Terms are governed by the law of the place where the Owner is established. Therefore, Italian law applies to the services of the Site; such law, in particular, concerns all events related to the Vespucci World Tour 2023-2025 and the related organizational and technical activities put in place by the Owner. In case of conflict between Italian law and the laws of other countries, limited to aspects related to the ownership, availability and use of the Site, Italian law shall prevail.

Prevalence of national law

However, if the law of the country in which the User is located provides a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the courts of the place where the Owner is established (Rome - Italy), as indicated in the relevant “Applicable Law” section of this document.