CONDITIONS AND TERMS OF USE AND UNFAIR CLAUSES

  • Terms and Conditions of Triboom

    Users of the Services offered by Triboom on www.triboom.com (the “Site”) acknowledge and accept these terms and conditions.

  • Owner of the Site and related Services

    SEPPO s.r.l.

    Via San Ruffillo, 6 – 40068 – San Lazzaro di Savena (BO)

    C.F./P.IVA: 03330141205

    Capitale sociale: 10.000 €

    coach@triboom.com

    (“Triboom”)

  • Information about the Site

    The Site is a crowdfunding platform dedicated to sport Clubs/associations.

    The purpose of Triboom is giving the Clubs the chance to raise money directly from their supporting community creating a continuous context of interaction through content sharing and gamification and by the allocation of goods and services purchased by Users with the online auctions or fixed price sales.

    Clubs can create a dedicated account and webpage customizable according to their visual and graphic assets to engage with the supporting community. Clubs can also sell goods or an experience (the “Experience”) with the purpose to raise money directly from their supporters.

    Users can support one or more Clubs by different modes of contributions and can engage with the supporting community by posting their contents on the Club’s page.

  • Mode of contribution

    User may support his/her preferred Club selecting one of the following contribution methods:

    1. Take all“: User makes an immediate payment in favor of the Club to support its running activities.

    1. All or nothing“: User makes a reservation, called “promise of payment” for a specified amount. The charge of the promised payment is subject to the attainment of a target amount set by the Club for a specific purpose. If the target is not reached within a specific term, no payment will be made and the User will not be subject to any charge.

    1. Auction”: the User may buy a good or an Experience, that may include meals or activities with sports celebrities, provided by the Club in an online auction administered by Triboom. Users shall register on the Site and may bid the service or good displayed. Each bid is completed by clicking on the “Pay” button and cannot be revoked.

    Each User’s bid shall be considered a binding and irrevocable commitment of the User to pay within 48 hours the entire amount of the bid, plus shipping costs as displayed on the Site.

    The User who have made the highest bid, at the expiration of the deadline, will be displayed as the auction’s winners on the Site and will receive an email confirming the adjudication. The shipping of the goods or the possibility to take benefit of the Experience is subject to the payment within the following 48 hours of the entire amount of the bid, plus the shipping costs set in the adjudication email. Once the payment is received, the purchased item is then shipped within 10 days from the payment to the address indicated by the User. In case of the adjudication of an Experience, Triboom, subject to the payment of the full amount of the bid, shall send by email to the User all the related information and put the User in contact with the Club.

    In the event of lack of payment by the User within the term specified in the email, the User that made the second highest bid in the auction will receive an email containing the main characteristics of the purchased goods or Experience with the option to purchase it by paying the same amount within the following 48 hours.

    1. Projects“: Users may support specific Clubs’ projects through dedicated endowments. By agreeing to participate in the project and by selecting one of the participation options as chosen by the Club, the User can make a reservation of an amount equal to the target goal. Triboom may grant specific rewards in kind in connection with the amount contributed by the User. Further information related to this method of contribution are included in the Club’s page. Please note that Triboom is not involved into the selection, management and implementation of projects.

  • Content provided by the User

    Users are responsible for their own content and that of third parties that they share through the Site, that they upload and post on or through the Site, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with Triboom and hereby indemnify Triboom for any liability or claim arising against Triboom in connection with illegal distribution of third-party content or unlawful use of the Service.

    Triboom does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

  • Rights over content provided by Users

    The only rights granted to Triboom in relation to content provided by Users are those necessary to operate and maintain the Site.

  • Content provided by third parties

    Triboom does not moderate the content or links provided by third parties before their publication on the Site. Triboom is not responsible for the content provided by third parties

  • Registration

    In order to use the Service, or any part of it, Users must register by providing and confirming their email address. Registration is free. The Users must also accept the Privacy Policy and the Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

    It is understood that Triboom shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.

    By posting content, the User gives the Club and Triboom free license for the use of any material posted, including name and profile picture. This license is perpetual and transferable to third parties.

  • Clubs’ fan

    Using the “fan” button, the User selects to be fan of one or more Clubs and receive updated information on the Platform (the “Affiliation”). The User may expressly authorize the affiliated Club to send newsletters containing marketing information related to services and products offered by the same.

  • Methods of payment

    The Site uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

    The Site accepts credit cards (Visa, Mastercard) and PayPal.

    If Triboom of any of such third-party tools refuses to authorize a payment, Triboom cannot provide the Service and will therefore not be liable for any delay or failure to deliver.

  • Availability of products

    Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are of indicative nature and do not constitute a guarantee of the quality of the products.

  • Order Completion

    The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email.

    Triboom shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the Order confirmation. Users can cancel any order at any time prior to shipment.

  • Delivery

    Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.

    Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.

    In case of failure to collect the products by the deadline set by the carrier, the products will be returned to Triboom, who will refund the purchase price but not the shipping cost. Triboom cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier Club where arranged by the User or for delays in delivery attributable to it.

  • Right of return

    In case of purchase of products via the Site, the User has the right to return any product purchased without specifying the reason, within 14 calendar business days. The return period expires after 14 calendar days from the day User takes delivery of the products. To exercise the right of return, the User must inform the Club of their decision to return. Product return must be postmarked no later than 14 days after User takes delivery.

  • Limitations on the right of cancellation concerning products

    Damaged goods, or goods used in any way other than what are specifically necessary to establish their nature and characteristics, will not be replaced or refunded.

    All items returned should have a Return Merchandise Authorization (RMA) number. Unidentified returns may be returned to the sender. The RMA is obtained pursuant to notification of Triboom, under these terms.

    The right of cancellation does not apply to goods that were custom made or adjusted to the consumer’s specifications or clearly personalized.

  • Limitation of Warranty

    ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE POSSESSION OF SPECIFIC QUALITIES, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

    The User has the obligation to check the purchased goods carefully upon their delivery. Unless objections are raised upon delivery and notification is made within the specified time allotted under these terms and conditions, the goods shall be deemed accepted without reservations.

  • Refund

    Provided the User exercises his or her right of return in accordance with the provisions contained in these Terms, Triboom will reimburse the sums paid by the User following the same process as the original payment. Triboom will refund the full value of the order, excluding shipping costs, within 14 days of receiving User’s cancellation notice.

  • Deleting User accounts and account termination

    Registered Users can cancel their accounts and stop using the Service at any time, through the interface of the Site or by directly contacting Triboom.

    Triboom, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.

    In no event shall the termination or suspension of the User’s account on the part of Triboom constitute any entitlement to any claims for compensation or damages on the part of the User.

  • The Service is provided “as is”

    The Service is provided by Triboom “as is”, with no express or implied warranty for accuracy or availability.

  • Service interruption

    Triboom reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, Triboom will do the utmost to allow Users to withdraw their information held by Triboom.

  • Service reselling

    Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and of its Service without Triboom’s express prior written permission, granted either directly or through a proper reselling program.

  • Indemnity

    The User agrees to indemnify and hold Triboom and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

  • Forbidden use

    The Service shall be used only in accordance with these Terms.
    Users may not:

    • reverse engineer, decompile, disassemble, modify or create derivative works based on the Site or any portion of it;

    • circumvent any technology used by the Site or its licensors to protect content accessible via it;

    • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through the Site;

    • use any robot, spider, Site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or its content;

    • rent, lease or sublicense the Site;

    • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);

    • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

    • use the Site in any other improper way that violates these Terms.

  • Privacy Policy

    For information about the use of their personal data, Users must refer to the privacy policy of the Site which is hereby considered to be part of these Terms.

  • Intellectual property rights

    All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning the Site are, and remain, the exclusive property of Triboom or its licensors and are protected by the laws in force on trademarks and by related international treaties.

  • Age eligibility

    Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use the Site.

  • Limitations of liability

    Triboom, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of the Site.

    The User expressly releases and exempts Triboom from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

  • Changes to these Terms

    Triboom reserves the right to modify these Terms at any time, informing Users by publishing a notice within the Site.

    Users who continue to use the Site after the publication of the changes accept the new Terms in their entirety.

  • Assignment of contract

    Triboom reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.

    Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of Triboom.

  • Contacts

    All communications relating to the Site must be sent using the contacts stated in this document.

  • Severability

    If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

  • Governing law and jurisdiction

    These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where Triboom has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

  • Online Dispute Resolution (ODR)

    It is the European consumer’s right to access the online service for assistance in the resolution of any dispute concerning or related to online sales or purchased services, without going to court. The service is available on the following link http://ec.europa.eu/consumers/odr/.

  • Definitions

    Club

    Indicates the owner of the goods sold in the Site

    Order

    Indicates the bid or endowment made by the User through the Site.

    Order Confirmation

    Indicates the email that Triboom sends to confirm that the purchased products, or parts of them, are being dispatched.

    Service

    The service provided by the Site as described in these Terms and in the Site.

    Site

    Indicates www.triboom.com

    Terms and Conditions (or Terms)

    These Terms and Conditions constitute a legally binding agreement between the User and Triboom.

    Triboom

    Indicates the owner of the Site.

    User

    Any User of the Service, whether those accounts are held by a natural person or a legal person.

    Latest update: 19-10-2016