General Conditions of Contract - Registration and Use of the Site

1. Subject

1.1. These general terms and conditions regulate registration on the Site and the use of the related services.

1.2. These general terms and conditions are binding on Customers who, even if not registered, browse the Site.

2. Definitions

2.1. The terms indicated below, when used with a capital letter hereafter, will have the following meanings, it being understood that singular terms include plurals and vice versa:

a) “Account”: the reserved area of the Customer in which the latter manages registration on the Site;

b) “Amilon”: Amilon srl, Tax ID and VAT number 05921090964, registered in the Milan Companies Register under no. MI- 1858746, with registered office in via Battaglia 12, 20127 - Milan, tel. +39 02 3655 9650, PEC (certified email address) [email protected], which created and makes the Site available;

c) "Customer": the person who uses the Site;

d) “Registered Customer”: the Customer registered on the Site;

e) “Gift Card”: document issued by persons offering goods / services to the public ("Merchant") which incorporates the owner's right to obtain goods or services from the Merchant within the limit of the nominal value indicated on the document itself and at the conditions of use indicated therein, and the corresponding obligation of the Merchant to accept it instead of money for the purchase of such goods or services at its own stores or of those of persons with whom the Merchant has entered into special agreements (e.g. affiliated entities or franchisees) ;

f) "Privacy Policy": document containing the information that Amilon is required to provide as data controller pursuant to Article 13 of Reg. (EU) 2016/679 ("GDPR");

g) “Parties“: Amilon and Customer jointly;

h) "Site": the e-commerce site www.giftcardstore.eu where the Customer can use the services listed in Article 8.

3. Conditions of access to the Site - Customer declarations and guarantees

3.1. The Customer, assuming all related responsibility, declares and guarantees that he/she is entitled to assume the obligations set forth in these contractual conditions and any other obligations that may derive from the use of the services provided on the Site (for example, as legal representative of the company or a person duly authorized/delegated for this purpose).

3.2. The Customer also declares, in registering on the Site and using the related services, that he/she is doing so as part of his / her working, entrepreneurial, commercial, artisanal and professional activity (e.g. as a company that intends to purchase Gift Cards to be used in the within the scope of corporate welfare programs). Consumers are not allowed to use the Site, as defined in Article 3 of Legislative Decree 206/2005 ("Consumer Code").

4. Registration procedures and conditions

4.1. To register on the Site, the Customer:

1. must enter the company e-mail address - which must necessarily present a private domain referring specifically to the company in question (e.g. [email protected]) – to which a numerical confirmation code will be sent, which must be entered in the appropriate field within the form;

2. must enter the requested information, i.e. name, surname and telephone number (the e-mail address provided in step 1. is entered automatically) and the VAT number of the legal person for which he/she is registering and click on “CHECK”; the Site will consult the VIES system, automatically loading the company data available there. The Customer must check and, if necessary, complete any data that has not been uploaded by that system, as well as provide the SDI code or the PEC e-mail address.

3. may consent to the processing of personal data for marketing purposes (as better indicated in the Privacy Policy);

4. must accept these general terms and conditions and the related vexatious clauses and then click on "SEND".

4.2. Once the above has been completed, Amilon will verify the identity and the "corporate" nature of the Customer and within 48 hours will send to the e-mail address entered in step 1. of the previous paragraph a communication for setting the password. The above e-mail address and password are the credentials to be used to access the Account ("Credentials"). From this moment, the registration can be considered completed and the contract between the Parties concluded, without prejudice to the provisions of Article 1.2.

5. Conclusion and duration of the contract and right of withdrawal

5.1. The contract is concluded for an indefinite period.

5.2. The Registered Customer may withdraw from the contract at any time and request the cancellation of his / her Account by contacting Amilon (at [email protected] or at the contact points referred to in Article 1(b)), which will cancel the Account.

5.3. It is understood that Amilon may at any time decide to discontinue the Site and withdraw from the contract, giving reasonable notice to the e-mail address provided and/or on the Amilon website ( https://amilon.eu/it/) and on the Site itself.

6. Use of Credentials and Customer Responsibilities

6.1. Each Customer is limited to activating no more than one user on the Site, to which the Credentials refer.

6.2. The User is required to choose a password that is not easy to guess - it must be composed of at least 8 characters and must contain at least one uppercase, one lowercase, one numeric character and at least one non-alphanumeric character (for example _, !, $, # ,%) - and to change it periodically, not less than once every 90 days.

6.3. The credentials are strictly personal (i.e. they refer exclusively to the Customer) and cannot be transferred by the latter to third parties. The Customer is required to keep the Credentials with the utmost diligence and to keep them confidential in order to prevent their use by unauthorized third parties, minimizing any risk of their disclosure, detection, tampering, theft, duplication, or interception.

6.4. If the Customer becomes aware of unauthorized access and/or known anomalies, he/she is required to immediately notify Amilon and immediately change the password, unless specific instructions are provided by Amilon itself.

6.5. Without prejudice to the provisions of the previous paragraph, in the event of loss of credentials, the Customer can retrieve them by following the instructions provided during authentication. The Customer can change their credentials by clicking on the appropriate link in their Account.

6.6. The User will be responsible for any use of the Credentials and the consequent access to the Site and use of the related services, even if performed by unauthorized persons, as well as for any damage caused to Amilon and/or third parties resulting from the failure to comply with the above, and hereby undertakes to indemnify and hold Amilon harmless from any and all requests, including for damages, arising directly or indirectly from the above use or abuse.

7. Further obligations and guarantees of the Customer

7.1. In addition to ensuring compliance with the specific obligations set out in Article 6 and the provisions of Article 10, the Customer undertakes to use the Site in accordance with the provisions of the contract and in full compliance with all applicable laws and regulations, thus refraining from any conduct that is contra legem or in breach of these general terms and conditions (by way of example only, conduct that could compromise the security of the systems and/or equipment of Amilon and/or third parties, allow unauthorised access, provide untruthful data or other/outdated documentation when registering on the Site).

7.2. The Registered Customer undertakes to keep the data relating to him/her updated, amending them in the Account, as well as to promptly inform Amilon if the conditions set out in Article 3 are no longer satisfied.

7.3. Where the Customer provides personal data of third parties (e.g. a company contact person), the Customer guarantees that he/she is entitled to do so and undertakes to hold Amilon harmless from any dispute or claim by such third parties in relation to the processing of their data carried out by Amilon.

7.4. It is forbidden for the Customer to carry out any data mining activity (e.g. scraping) or the use of similar automatic data extraction techniques to steal the contents of the Site, without the prior written authorization of Amilon, without prejudice to the automatic action of the "spiders" of general search engines (e.g. Google). The Customer, even without the use of automatic data extraction techniques, may not create and publish his/her own database that reproduces the contents of the Site without the prior written authorization of Amilon.

8. Services offered by Amilon

8.1. The Site is an e-commerce business where the Customer can consult the Gift Card catalogue (Merchant and the relative sizes available, characteristics, etc.).

8.2. The Registered Customer may:

- purchase the Gift Cards of his/her interest, subject to acceptance of the relative general conditions of sale;

- amend and integrate the data in the Account, also by pre-registering payment methods to facilitate the execution of purchase orders;

- keep track of his/her orders.

8.3. Amilon also provides the Customer with a specific contact point for any technical assistance requests and reports concerning the Site and its services: https://amilon.eu/contact-us.

9. Amilon's obligations and limitations of liability

9.1. Amilon undertakes to make the Site and the related services available, in accordance with the Contract and current legislation.

9.2. The Customer acknowledges and accepts that the use of the Site may be subject to suspension or interruption, in whole or in part, for causes beyond Amilon's control - such as, but not limited to, slowing down, congestion and/or overloading of the system, of the Internet access network, tampering or illegal interventions by third parties - without this entailing any liability for Amilon, nor that the Customer is owed anything whatsoever.

9.3. The Customer also acknowledges that the provision of the Site's services may be suspended - even without notice, if necessary

- in order to guarantee both corrective maintenance interventions - aimed at remedying faults, defects, malfunctions (bugs) of the Site - and those of evolutionary maintenance - aimed at improving their functioning and usability, adding new functions, adapting them to the evolution of legislation and the reference context (update) - as well as in the event of emergencies or security threats, it being understood that Amilon will in any case take care to restore the functionality of the Site as quickly as possible, to minimise the risk of disruption of any kind.

9.4. The Customer acknowledges and accepts that Amilon cannot be held liable, with the sole exclusion of cases attributable to wilful misconduct or gross negligence, for any and all damages, direct or indirect, that the Customer may suffer as a result of or in connection with the use or non-use of the Site, also in relation to the cases referred to in the previous paragraphs, and that the Site and the related services are provided by Amilon and accepted by the Customer as they are ("as is" and "as available") and that it does not offer any guarantee as to the results that are expected, hoped for or obtained by using the Site.

9.5. Amilon makes no commitment with respect to the availability and speed of response to the requests for support referred to in Article 8.3 above.

9.6. Amilon assumes no liability for the abusive, improper, careless, inaccurate, inadequate use of the Credentials, also considering the obligations of safekeeping and strictly personal use of the Credentials under Article 6.2.

9.7. The Site may contain links to websites operated by third parties (hereinafter, “Linked Sites”). Amilon does not control the Linked Sites and is not responsible for their contents. The inclusion of these links by Amilon does not imply any recognition of the Linked Sites of reference or of any form of association with its owners/managers.

9.8. The Customer acknowledges that the characteristics of the Gift Cards and the related conditions of use are decided by the relevant Merchants and thus transmitted by the latter to Amilon, which limits itself to publishing them on the Site to make them available to the Customers, based on the agreements with the Merchants themselves, who assume the consequent responsibilities in this regard. Therefore, considering that the Gift Card is an entitlement to obtain a performance rendered by the Merchant who issues it, Amilon cannot be held liable for any discrepancies or non-compliance of the aforementioned characteristics and/or conditions of use.

10. Intellectual and industrial property rights

10.1. The Customer acknowledges and accepts that:

- all intellectual and industrial property rights relating to the Site and its services and features are owned by Amilon, as well as those relating to logos, trademarks and any distinctive sign and material relating to the Gift Cards are owned by the respective Merchant (hereinafter, both in relation to Amilon and the Merchants, the “Material”);

- he/she is only permitted to browse the Site, view the Material and make use of the services specified above, given that the reproduction and/or reuse, in whole or in part, in any form whatsoever, of the Site and the Material is prohibited, without the express written consent of Amilon, including through links (e.g. framing or in-line linking), without prejudice to the provisions of Article 7.3;

- Amilon's failure to exercise its right to act or any form of forbearance by Amilon in relation to any conduct contrary to this article, as well as to intellectual and industrial property law, does not constitute a waiver of its right to act to protect the position of Amilon itself and/or the Merchants.

11. Liability and indemnity of the Customer, forms of protection of Amilon

11.1. In the event of a breach of the provisions of Article 6, 7 and 10, the Customer shall remain solely liable, and shall expressly indemnify Amilon or the right holders, including the Merchants, in respect of any claims asserted by third parties on account of such breach. It is understood that in such a case Amilon may take, at its own discretion and without prior notice, any action it deems necessary to protect its interests, including blocking access to the Site and cancelling the Account, without prejudice to any remedy provided by law, including the right to terminate the contract pursuant to Article 1456 of the Italian Civil Code (by simple written communication to the User) and/or to request compensation for damages suffered.

12. Privacy

12.1. Amilon processes the Customer's personal data in its capacity as data controller in compliance with the privacy regulations, including the GDPR and Legislative Decree 196/2003 as amended, and in accordance with the Privacy Policy and the privacy and cookie policy of the Site, as well as any other detailed privacy statement that may be published on the Site with respect to a specific processing operation (such as that related to the purchase of Gift Cards).

13. Amendment to the contract

13.1. Amilon reserves the right to amend these general terms and conditions at any time, of which Customers will be given adequate notice, without prejudice to their right, pursuant to Article 5.1 above, to withdraw from the contract.

14. Applicable law and place of jurisdiction

14.1. The contract is governed by and shall be interpreted according to the Italian law.

14.2. Any dispute relating to the contract between the Parties is subject to the exclusive jurisdiction of the Court of Milan.

15. Provision of legal documentation

15.1. These general terms and conditions, as well as the Privacy Policy, can always be consulted through the footer of the Site, in addition to being made available to the Customer at the time of registration under Article 4.

15.2. The legal documentation is written in Italian and English.