Terms and conditions
Welcome to our Terms and Conditions page, IGS
VAT number 02721790224 is the owner of this Store, by accessing our website and/or using our services, you agree to be bound by these Terms and Conditions, including the regulations, rules and procedures contained therein. Please read this information carefully before using our site.
We reserve the right to change, update, or replace these Terms and Conditions at any time without notice. You are responsible for checking this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
1. The services of IGS, owner of this Store, include:
- the creation, design and customization of the products listed for sale:
- save and share the projects you create;
- the use of image design and configuration tools provided by the site;
- creating and saving images or drawings in public and personal galleries;
- the ability to publish images created on social networks or blogs, provided you have the legal right to do so;
- the ability to order digital products such as photos, videos, posters, gifs and more
(since these are creative services, delivery times can vary between 7 days up to a maximum of 90 days from the order) - registration, with prior consent, to receive special offers and use the galleries made available.
2. Use of our Store
These Terms of Use provide the following, in consideration of the promises and obligations made herein and on the dates hereof, with the intent to be legally binding.
2.1. Underage users
IGS, as the owner of this store, will offer products or services only to people who can legitimately access them.
If you are under 18, but at least 13 years of age, you may order products or services only if you are under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the website, but will not be permitted to order products or use the services offered.
2.2. Definitions and interpretation
These are the general Terms of Use, unless the context explicitly indicates otherwise:
- intellectual, industrial, commercial, property rights (including equivalent, similar or future rights recognized in any part of the world);
- “person” means any form of legal person or legal entity;
- "user" means anyone who uses the site and/or the services provided by IGS;
- a reference to any document, material, information or data includes the document, material, information and data stored or recorded in any format, including digital or electronic format;
- the term "includes" is not a limitation in any way.
3. User Obligations
3.1. Responsibility
Users are entirely and exclusively responsible for:
- all telecommunication lines, modems, communications controllers, routers, multiplexers, terminals and other equipment, hardware and software necessary to access and use the Site and its services;
- your use of the Site, including any articles, materials, literary or artistic works, designs or any other materials that are conceived, created, developed or produced by you.
- Compliance with all laws, rules and regulations of your country or jurisdiction.
- Compliance with any recommendations or guidelines issued by this store regarding the use of the Site and the services offered, ensuring that any electronic or other media used in connection with or in combination with the website and its services, comply with these Terms of Use and all applicable laws, rules and regulations.
3.2. User Restrictions
Users must not and do not have the right to:
- reproduce, publish, distribute, sublicense and/or resell the website and its services to third parties;
- use the Site to provide any service to third parties;
- modify, adapt, disassemble, recompile and/or reverse engineer the Website or Services;
- access or use the Website or any Service to create, design, produce, publish, transmit, broadcast, distribute, or sell any item, product, or other material that violates the rights of any person, including, without limitation, intellectual property rights, trade secrets, rights of privacy, and publicity;
- defame, slander, or promote content that contains links to hacks, similar utilities, or programs, as well as explicit sexual content or content that offends and denigrates ethnic, racial, gender, religious or other groups, through the use of stereotypical and non-stereotypical language, images or representations, or that are designed to harass, threaten, defame or abuse others. Furthermore, the use of explicit images or images similar to those of minors, encourage the use of drugs or the use of alcohol or cigarettes by minors, or in general, the publication of offensive and tasteless content is prohibited;
- use spam techniques, such as sending bulk emails, sending faxes or recorded telephone calls to promote products or services. In addition, you may not use, transfer or spread viruses or any other computer technology that may interfere with, disable or otherwise damage the operation of the site and/or the platform of this store;
- take any action that imposes an unreasonable or disproportionately large load on the Site or its Services;
- use a robot, spider, or other device or process to monitor activity on the Website or Service pages;
- collect email addresses or other information from our Website, or impersonate another person or entity;
- engage in any activity that may interfere with any ability to use or access the Site and its Services;
- assist, procure or aid any person to engage in any activity prohibited by these Terms of Use;
- use or display the Website in a manner that makes it appear to be part of your own or another website, without specific agreement.
You understand and agree that IGS., owner of this Store, has the exclusive and discretionary right to unilaterally terminate these Terms of Use without notice, to disable and deny the user's access to the website and the services offered, as well as to take legal action against the user who engages in activities or behaviors prohibited by these Terms of Use and/or by laws, regulations or standards.
4. Obligations of this Store
4.1. Terms of use and access to the services offered
Access to and use of the site and services are subject to the user's compliance with and fulfillment of the related obligations set forth in these Terms of Use. IGS is required to allow the user to access and use the website and the services offered.
4.2. Privacy
When accessing and using the site and the services offered by IGS, personal data of the user may be collected. However, IGS is required to respect the privacy agreements established with the user, which can be consulted via the link on the website.
4.3. Training
You acknowledge that IGS is not obligated to provide any training or support to you regarding the use or operation of the Site and Services.
4.4. Website Modification
IGS has the right to make changes in the organization, structure, content or appearance of the site and the services offered, and may change, suspend or discontinue any aspect of the site or the service at any time without notice and without assuming any liability to the user or any other person. The selection of features, functionality and other terms and conditions relating to the use of the website and the service is entirely at the discretion of IGS
5. Intellectual Property Rights
5.1. Retention of title
IGS grants you a limited, revocable license to access and use the Website and the Service solely for their intended purposes, provided that you comply with these Terms of Use. This license does not include the right to collect or use information on the Website for any purpose prohibited by IGS on the store, to create derivative works based on the layout, design, appearance, or structure of the Website, or to download or copy the Website. If you use the Website in a manner that exceeds the scope of this license or violates these Terms of Use, IGS may terminate your license and deny you access to and use of the Website.
5.2. Prohibition of infringement
IGS expressly prohibits you from accessing or using the Website and/or Services in any manner that may infringe or jeopardize the intellectual property rights or other rights or privileges of any person anywhere in the world. You acknowledge and agree to such prohibition imposed by IGS
5.3. User Intellectual Property and Sharing in Public Gallery
Clause 5.2. states that you own all intellectual property rights in any original material created or designed by you using the functionality of the website. However, if you choose to share an item in a public gallery, thereby authorising IGS as set out in clause 4.1., you grant IGS an irrevocable, perpetual, non-exclusive, worldwide licence to do all acts and things (including authorising others to do the same acts and things) within those intellectual property rights.
6. Registration
To register, the user must enter an account and password and will receive a confirmation message after successful registration. The user must maintain the confidentiality of this data and is responsible for all activities that occur under his account. If the user suspects unauthorized use, he must immediately inform IGS and exit the account at the end of each session. IGS will not be liable for any loss or damage caused by failure to comply with these conditions.
7. Warranties
7.1. User Rights and Responsibilities
You represent and warrant to IGS that you will not violate the intellectual property rights, trade secrets, privacy rights, publicity rights or other legal rights of any individual and that you will comply with all applicable laws, regulations and rules in your use of the Website and the Services provided.
You further represent and warrant that there are no current claims, demands, or disputes of any kind pending and that the Store is not the subject of any threats relating to any content used by you.
IGS will have no obligation to make payments or compensation to anyone using such content and the content itself must be free of viruses or other technologies or programs that may interrupt or damage the site and/or the services provided.
7.2. IGS Guarantees
IGS represents and warrants that it has the right to authorize the access and use of its website and related services by the user, in full compliance with and in accordance with the conditions of use described herein.
7.3. Warnings
The website and the services provided by IGS are made available on an "as is" and "available" basis. Nothing in these Terms of Use should be construed as a representation or promise as to the functionality or operation of the website and/or the services provided, as no warranty is given as to:
- uninterrupted or error-free and/or inaccurate functionality;
- compliance with the configuration with the hardware or software used by the user;
- you acknowledge and agree that the website and the service provided (as with technology in general) may contain errors (or bugs) and unexpected problems may arise. As a result, you may experience downtime or errors in the use or operation of the website and/or the services provided;
- IGS does not control the flow of data and information over the Internet, which depends on the performance of individuals and entities whose actions or inactions may cause situations where Internet connections (or parts thereof) are compromised or interrupted. In such situations, the store is not responsible;
- IGS makes no warranties as to the completeness or accuracy of any data, information or other content on the website, whether in relation to goods or services or to other persons.
7.4. Exclusion of implied warranties
All conditions, representations, indemnities and warranties relating to the site and/or any other goods or services which may be provided by IGS which would otherwise arise by statute, law, escrow, customary course of dealing, pre-contractual dealings between the parties or otherwise (including any warranties of merchantability, fitness, fitness for purpose, quiet enjoyment or non-infringement) are hereby expressly excluded, save as set out in Clause 8.1.
7.5. No representation or reliance
You understand that IGS. and its representatives have in no way solicited you to accept these Terms of Use, except for the representations or inducements expressly set forth in these Terms of Use. Further, you confirm that you have not relied on any representations or inducements by or on behalf of IGS, other than those expressly set forth in these Terms of Use.
8. Exclusion and limitation of liability
8.1. Subject to the law
These Terms of Use do not exclude, limit or modify any of the following provisions:
- any implied conditions, warranties or other terms in these Terms of Use, if such exclusion is unlawful or void under applicable law;
- liability for any breach of these Terms of Use, whether such exclusion is unlawful or void under applicable law;
- liability for fraud or deception;
- liability for death or personal injury caused by the negligence of either party.
8.2. Exclusion of liability
Save as provided in clause 8.1, IGS shall not be liable to you or any person in connection with these Terms of Use or your use (or failure to perform or improper performance) of the Website and/or services for:
- malfunctions, failures, defects, acts or omissions or any other defect or liability caused directly or indirectly by:
- third parties;
- actions by users who have not been expressly authorized by IGS;
- accidents, misuse or abuse by anyone other than IGS;
- alteration or modification of the Site and/or the service, or any component or part of the Site and/or the service provided, by anyone other than IGS;
- products (including hardware or software) or services not licensed or provided by IGS;
- power surge or failure;
- force majeure events or events beyond IGS's actual control; or any other conditions not arising under normal operating conditions.
- any loss, cost, damage or expense of any nature whatsoever arising or caused directly or indirectly by any breach of obligations or responsibilities by users in relation to these Terms of Use;
- any loss of profit, business interruption, loss or damage to reputation and/or any anticipated benefits;
- users' liability towards third parties;
- incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability arises under common law or civil law or in equity, including under statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that IGS has been advised of the possibility of any particular loss or damage.
8.3 Link
IGS reserves the right, in its sole discretion and without the need for any consent from users, to include links on the Website to other websites owned or operated by third parties. You acknowledge and agree that IGS is not responsible for the operation or content of such websites, and cannot guarantee the accuracy, completeness, legality and/or harmlessness of such content. You understand and agree that by choosing to access these websites, you will not have any claim against IGS for any damages or losses of any kind incurred as a result of the external websites and/or the link to them.
8.4 Limitation of liability
Except as expressly excluded under clause 8.2 or elsewhere in these Terms of Use, IGS shall be solely liable to the Subscriber for all breaches, express or implied, of any term or terms of these Terms of Use, subject to clause 8.1. Such liability is limited to the replacement of any products or services which have been ordered and paid for by the Subscriber using the Website.
8.5 User Responsibility
You hereby unconditionally release IGS, without liability or compensation, from and against any liability, loss, cost, expense or damage, including all reasonable attorneys' fees, arising out of or relating to:
- your use of the Website and/or Services and/or any media or content published or uploaded from it, including any alleged or actual violation of any law, directly or indirectly arising from such use;
- any breach or alleged breach by you of these Terms of Use;
- the improper use or misappropriation of such multimedia content;
- any infringement or alleged infringement of any third party's intellectual property rights, rights of privacy or publicity, anywhere in the world.
9. Resolution
9.1. Right of termination and termination
- IGS has the right to immediately terminate these Terms of Use without cause, including your access and/or use of the Site and/or the Services provided by the store. Termination or suspension of the service by IGS does not relieve you of any obligations accrued prior to the date of termination or suspension.
- You may terminate these Terms of Use at any time by ceasing to access the Site and use the Services.
10. Effects of termination
- IGS may delete any websites, web pages, files, graphics, media or other content or materials relating to users' use of the website and/or the Services provided, upon any expiration or termination of these Terms of Use. IGS shall have no liability to you or any other person for doing so.
- the expiration or termination of these Terms of Use shall not prejudice or affect any legal action by either party.
11. General
11.1. Validity of the clauses of the Terms of Use
If any provision or part of a provision of these Terms of Use is held to be void, invalid or unenforceable by a court or tribunal having jurisdiction over the matter, the following shall apply:
- read down or severed only to the extent that it is void, invalid or unenforceable in such jurisdiction;
- this does not affect the validity or enforceability of such term or clause in any other jurisdiction or the other terms or clauses in any jurisdiction.
11.2. Variation
IGS reserves the right to modify these Terms of Use unilaterally and at its sole discretion at any time. You must fully comply with and abide by such modified conditions, which will be effective immediately upon posting on the website. Your continued access to and use of the Site and the Services constitutes your unconditional acceptance of the new conditions. No other modifications to these Terms of Use are permitted. If you do not agree to the changes made to these Terms of Use, you may stop using the Site and the store services.
11.3. Waiver
Any waiver, consent, election or assent given by a party to these Terms of Use shall be considered valid and binding only if given or confirmed in writing by such party.
11.4. Assignment
IGS shall have the right to transfer, assign, renew or otherwise dispose of all or any of its rights or obligations under these Terms of Use upon at least five (5) days' written notice to you.
11.5. Applicable laws and jurisdiction
- These Terms of Use shall be governed by and construed in accordance with the laws of Italy in force at the time (without regard to any conflict of law provisions).
- each party irrevocably submits to the exclusive jurisdiction of the courts competent to determine appeals from such courts, with respect to any action which may at any time be brought, in connection therewith.
12. Online Dispute Resolution
Online dispute resolution pursuant to EU Regulation no. 524/2013 can be carried out through the European Commission's Online Dispute Resolution (ODR) Platform, accessible via the following link: http://ec.europa.eu/consumers/odr/
11.Disclaimer, Intellectual Property Protection, and Additional Privacy Policy
12. Intellectual Property The images, texts, products and contents presented on igssport.com are protected by intellectual property law. "IGS Sport" is a registered trademark. All rights reserved. Unauthorized use of this trademark is prohibited and subject to legal sanctions, as regulated by the Intellectual Property Code (Legislative Decree 30/2005). The images are for illustrative purposes only and visual details such as colors and position of logos may vary and are subject to change without notice.
13.Product Safety Igssport.com declines all responsibility for injuries resulting from improper use of the products. Consumers must follow the instructions and safety recommendations provided, using the products under the supervision of qualified personnel, if necessary. The Consumer Code (Legislative Decree 206/2005, Articles 102-113) applies to product safety and liability for damage from defective products.
14.Use of Athlete Images Photographs of athletes taken during public sporting events by authorized IGS personnel may be used by our company for commercial purposes. This use complies with the General Data Protection Regulation (GDPR) and the Personal Data Protection Code (Legislative Decree 196/2003 amended by Legislative Decree 101/2018). The purchase of such images does not transfer privacy rights or other personal rights of the individuals depicted. Buyers are responsible for using the images in accordance with privacy laws and respect for the rights of the individuals photographed. Igssport.com assumes no responsibility for the improper use of these images.
14.Acceptance of Terms By accessing igssport.com and sailing on the site, the user accepts all the conditions expressed in this disclaimer , privacy policy, and terms of service of the site.
15.Limitation of Liability The use of products and images purchased through igssport.com is at the user's own risk. Igssport.com assumes no responsibility for direct or indirect damages caused by the use of the products or images
16.Conditions of use of the IGS promotional voucher : The voucher is valid for 7 days from the date indicated on the voucher itself. It can only be used as a discount on a single minimum purchase of €1000 , the voucher is valid for the purchase of equipment and clothing available on our site. To take advantage of the discount, contact customer service by email or WhatsApp.