Introduction

The website https://www.moonboot.com/ (“Website” or “Site”) is owned by Tecnica Group S.p.A. (company number 78175, VAT number 00195810262), whose registered office is at Giavera del Montello (Treviso), Via Fante d’Italia, 56 (“Tecnica Group S.p.A.”, we, us and our).

Tecnica Group S.p.A. reserves the right to subcontract the management of certain services to third-party companies to allow the consumer an enjoyable shopping experience. such services include, but are not limited to, payment processing, customer service, and delivery service.

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the Website and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the Website.

You should print a copy of these terms and conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookie Policy.

We reserve the right to change these terms and conditions from time to time by changing them on the Site.

 

Access to the Site

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

 

Products

The Products available through the Website are sold by U.S. Direct E-Commerce Limited (trading as ESW, eShopWorld), registered in Ireland under company number 479237, with registered office at 3 Dublin Landings, North Wall Quay, Dublin 1, D01C4E0, Ireland, VAT number IE9740240D (“ESW”).

The purchase of Products through the Website, including orders, payment, delivery, returns, refunds, legal guarantees, faulty products and purchase limits, is governed by ESW’s terms and conditions of sale.

Tecnica Group S.p.A. attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.

Tecnica Group S.p.A. makes the Products available through the Website solely to “Consumers”, who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities interests that they may have.

You agree that you will not use the Products for any commercial, business or re-sale purposes. Orders made by persons or entities other than Consumers may be rejected. Tecnica Group S.p.A. has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Product information

Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product.

Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).

 

What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

 

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• 'scrape' content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;

• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or 

• create links to the Site from any other website, without our prior written consent. We reserves the right to block electronic links that redirect to the Website without previous and  express authorisation of Tecnica Group S.p.A..

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

 

Intellectual property rights

You acknowledge and accept that Tecnica Group S.p.A. is the exclusive owner of the trademark “Moonboot” (hereinafter the “Trademark”) as well as all other intellectual and/or industrial interests, rights and titles of any kind, now or hereafter owned by Tecnica Group S.p.A., registered and not registered, whether or not copyrightable or patentable, including, without limitation, the Trademark as well as any confidential information, business secrets, inventions, patents, utility models, trademarks of any type, copyrights, designs, packages, labels, concepts, shapes, patterns, drawings, models, samples, sketches, drafts, creations, moods, trade names, brands and distinctive signs (including distinctive logos, decorations and materials in which those elements are represented), trade dress, prints, advertising and other promotional materials, computer software and related rights, Internet domains and/or accounts, industrial projects, plans, results of studies, processes, schemes, technologies, formulas, performance data, flowcharts, instructions, manuals, registers and procedures, as well as any other intellectual or industrial property rights, which are related to, arising from, inherent to, and/or used in conjunction with any of the Trademark, the Products and/or Tecnica Group S.p.A. in general, and/or that Tecnica Group S.p.A. however holds and/or uses in its businesses (hereinafter the “IP Rights”), as well as any update, modification, development, implementation, consolidation, registration, renewal, extension, rights to claim priority and/or file of any of the IP Rights referred to hereinabove.

All intellectual property rights in any content of the Site (including text, graphics, photographs and other images, videos, sound, trademarks and logos) are owned by Tecnica Group S.p.A. or its licensors, if any. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any IP Rights and/or any further intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Any alteration to the content or structure of the Website by you is strictly prohibited.

Tecnica Group S.p.A. reserves the right to take any pertinent legal actions against users who violate or infringe the intellectual and/or industrial property rights.

 

Content

We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

 

External links

The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Each of these third party services has its own privacy and cookies policies and we do not control their processing of your personal data and cookies. We encourage you to visit the websites and related policies of such third parties.

 

Our liability

Nothing in these terms and conditions shall limit or exclude any liability that may not be limited or excluded under applicable law.

To the fullest extent permitted by applicable law, Tecnica Group S.p.A. shall not be liable for any loss or damage arising from the use of, or inability to use, the Website or from reliance on any content made available through the Website.

 

General

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order. Your email address will be processed in accordance with our Privacy Policy.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.  

 

Governing Law

Without prejudice to any mandatory rule of law, if and where applicable, these terms and conditions shall be governed by Italian law, and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce (hereinafter referred to as “Applicable Law”).

Processing of your personal data under these terms and conditions shall be governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Italian legislative decree no. 196 of 30 June 2003 (Italian Data Protection Code).

Alternative dispute resolution.

Alternative dispute resolution is a process by which an independent body examines the reasons for a dispute and tries to resolve it, without having to go ahead with a court. Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website: https://ec.europa.eu/consumers/odr/

 

Contacting us

Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to customercare@moonboot.com.