Terms and Conditions of Service

Terms and Conditions of MinimalGamers.it

These Terms govern

  • the use of this Website and
  • any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.


The User is requested to read this document carefully.

The entity responsible for this Website is:


MINIMAL GAMERS S.R.L.S.
Via Nazionale delle Puglie 7, 80013 Casalnuovo di Napoli Naples, Italy


Things to know at a glance

  • Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of such mention, the clauses apply to all Users.
  • The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website outlined in this section are generally valid.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

  • There are no restrictions for Users regarding whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by providing all the required data and information completely and truthfully.
It is possible to use the Service without registering or creating an account. In this case, however, certain features may not be available.

It is the responsibility of the Users to keep their access credentials secure and maintain their confidentiality.To this end, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for all activities carried out with their access credentials.
Users are required to inform the Owner immediately and unequivocally through the contact details provided in this document if they believe that their personal information, such as User account, access credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.

Account Closure

The User is free to close their account and cease using the Service at any time by following this procedure:

  • Contacting the Owner using the contact details in this document.

Account Suspension and Cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive, or contrary to these Terms.

The suspension or cancellation of the account does not entitle the User to any compensation, refund, or indemnification.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable regulations or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to legally enforceable rights and claims, Users are requested to address related complaints to the contact details specified in this document.

Rights to the content of this Website

The Owner holds and expressly reserves all intellectual property rights to the aforementioned content.

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

In particular, but not limited to, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website exclusively for personal and non-commercial purposes, provided that the authorship of the work is attributed and any other relevant circumstances required by the Owner are indicated.

The limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

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

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

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:

  • violations of laws, regulations, and/or the Terms;
  • infringements of third-party rights;
  • acts that may significantly harm the legitimate interests of the Owner;
  • offenses against the Owner or a third party.

API Terms of Use

Users can access their data related to this Website through the Application ProgrAM Interface (API).Each use of the API, including through third-party products or services that access this Website, is subject to the Terms and in addition to the following specific conditions:

  • The User expressly acknowledges and agrees that the Owner is not liable for damages or losses resulting from the User's use of the API or third-party products or services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Website as part of the service are paid.

The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions, and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.

Although the Products on this Website are presented with the highest technical accuracy possible, the representation on this Website through any means (including, where applicable, graphic materials, images, colors, sounds) is to be understood as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchase procedure

Every phase, from the selection of the product to the submission of the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

  • Users are requested to choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place the order by submitting it.

Order Submission

Submitting the order entails the following:

  • Submitting the order by the user results in the conclusion of the contract and obliges the User to pay the price, taxes, and any additional charges and expenses, as specified on the order page.
  • If the purchased Product requires active contribution from the User, such as providing information or personal data, specifications, or special requests, submitting the order also obliges the User to cooperate accordingly.
  • Once the order is submitted, Users will receive an order receipt confirmation.

All notifications related to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before the order is placed, Users are duly informed of all fees, taxes, and costs (including any shipping charges) that will be charged to them.

The prices on this Website:

  • depending on the section the User is browsing, include all applicable fees, taxes, and costs or are indicated net of applicable fees, taxes, and costs.

Payment Methods

The details regarding the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or involve extra costs. Detailed information is provided in the relevant section of this Website.

All payments are managed independently by third-party services.Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed.

In the event that the payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees resulting from the failed or rejected payment are the responsibility of the User.

Retention of Title

Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery can take place in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Non-delivery

The Owner is not liable in any way for delivery errors resulting from inaccuracies or omissions made by the User when completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter was appointed by the User.

In the event that the goods are not delivered or collected at the time or within the agreed term, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User's expense.

User Rights

Right of Withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the specified term (usually 14 days) for any reason and without justification. The User can find more information on the right of withdrawal in this section.

Who is entitled to the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers are legally entitled to withdraw from online contracts (distance contracts) within the time period specified below for any reason and without justification.

Users who do not meet these requirements are not entitled to the rights described in this section.

Exercising the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User may use the withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form.In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

  • In the case of purchasing goods, the withdrawal period expires 14 days after the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the goods.

  • In the case of purchasing multiple goods ordered together but delivered separately or in the case of purchasing a single good consisting of different lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots, or pieces.

Effects of Withdrawal

The Owner refunds all payments received, including, if made, those related to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the standard, most economical delivery offered by the Owner, will be borne by the User.

The refund is made without undue delay and in any case within 14 days from the day the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any cost as a consequence of the withdrawal.

… on contracts for the purchase of tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.

The deadline is met if the delivery of the goods to the courier or another authorized person takes place before the expiration of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned them.

The User is liable for any decrease in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.

The return shipping costs are borne by the User.

Legal Guarantee of Product Conformity

Under European law, the seller guarantees the conformity of goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on this Website in accordance with the laws of the country in which they habitually reside.

The national laws of that country may grant such Users broader rights.

Consumers who do not act as European Consumers may enjoy conformity guarantee rights under the laws of the country in which they habitually reside.

Limitation of Liability and Indemnity

Australian Users

Limitation of Liability

No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot be excluded, limited, or modified in any way (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the breach of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new provision of the services or the payment of the cost for their re-provision.

USA Users

Disclaimer of Warranty

The Owner provides this Website "as is" and as available. Use of the Service is at the User's own risk. To the maximum extent permitted by law, the Owner expressly excludes conditions, agreements, and warranties of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, 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 Service will create warranties not expressly provided for in this document

Notwithstanding the foregoing, the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted, and secure at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User is solely responsible for any damage to the computer system or mobile device or loss of data resulting from such operation or from the User's use of the Service.

The Owner does not guarantee, endorse, ensure, or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service linked via hyperlink. Furthermore, the Owner does not participate in or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device, and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation, or use of the Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users.This Agreement grants Users specific legal rights. Users may enjoy additional rights that vary from state to state. The limitations and exclusions provided in this Agreement apply to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be liable for

  • any indirect, intentional, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to the use or inability to use the Service; and
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • any error, omission, or inaccuracy in the content;
  • personal injury or property damage, of any nature, resulting from access to or use of the Service by the User;
  • any unauthorized access to the Owner's secure servers and/or any personal information stored therein;
  • any interruption or cessation of transmissions to or from the Service;
  • any bugs, viruses, trojans, or the like that may be transmitted to or through the Service;
  • 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 Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third parties.Under no circumstances shall the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be held liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding what the User paid to the Owner over the 12 months preceding, or for the duration of this Agreement between the Owner and the User, whichever is shorter.

This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner had been advised of the possibility of such damage occurring.Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, so the above limitations or exclusions may not apply to the User. These Terms grant the User specific legal rights, and the User may have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability provided by these Terms do not apply beyond the limits permitted by applicable law.

Indemnity

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees from and against any claim or demand, damage, obligation, loss, liability, burden, or debt and expense, including, without limitation, legal fees and expenses arising from

  • the User's use of or access to the Service, including any data or content transmitted or received by the User;
  • the User's violation of these Terms, including, but not limited to, any breach by the User of any representation or warranty set forth in these Terms;
  • the User's violation of any third-party rights, including but not limited to any rights related to privacy or intellectual property;
  • the User's violation of any applicable law, rule, or regulation
  • any content submitted from the User's account, including but not limited to misleading, false, or inaccurate information, and also including cases where access is made by third parties using the User's personal username and password or other security measures, if present;
  • the User's willful misconduct; or
  • the violation of any legal provision by the User or its affiliates, officers, agents, co-brand owners, partners, suppliers, and employees, to the extent permitted by applicable law

Common Provisions

No Implicit Waiver

The failure of the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of such rights.No waiver can be considered final in relation to a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other modifications, providing appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of Service termination, the Owner will endeavor to allow Users to extract their Personal Data and information in accordance with legal provisions.

Additionally, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Service Resale

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without prior written consent from the Owner, expressed directly or through a legitimate resale progrAM.

Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Call Recording

For security purposes, legal protection, staff training, and customer service improvement, calls made by customers to the business phone numbers of Minimal Gamers S.R.L.S. may be recorded.Such recordings will be processed in compliance with the current regulations on personal data protection (EU Regulation 2016/679 - GDPR) and will be stored for the time strictly necessary to achieve the purposes indicated above. By contacting our numbers, the customer consents to the recording, which will be carried out in accordance with the principle of proportionality and necessity. The User may at any time exercise the rights provided by the GDPR by contacting the Data Controller at the contact details indicated in the Privacy Policy.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Website are exclusively owned by the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.

All trademarks – whether word or figurative – and any other distinctive signs, company names, service marks, illustrations, images, or logos that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable laws and international treaties on intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time.In such case, the Owner will appropriately inform the Users of the changes.

The changes will affect the relationship with the User only for the future.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may entitle each party to terminate the Agreement.

The previous applicable version will continue to govern the relationship until the User's acceptance. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications regarding the use of this Website must be sent to the contact details provided in this document.

Safeguard Clause

If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US Users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and in line with the original intent.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject matter and prevail over any other communication, including any prior agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become null, invalid, or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the null, invalid, or ineffective one.
In the absence of an agreement within the aforementioned terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulation.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the frAMework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.

Governing Law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of law rules.

Exception for European Consumers

However, notwithstanding the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent Court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Settlement of Disputes

Users can report any disputes to the Owner, who will attempt to resolve them amicably.

While the Users' right to take legal action remains unaffected, in the event of disputes related to the use of this Website or the Service, Users are requested to contact the Owner at the contact details provided in this document.

The User can address a complaint to the Owner's email address provided in this document, including a brief description and, if applicable, the details of the order, purchase, or account concerned.

The Owner will process the request without undue delay and within 2 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes related to and arising from online sales and service contracts.

Therefore, any European Consumer or those based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

Definitions and Legal References

This Website (or this Application)

The structure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User that does not meet the definition of Consumer.

European (or Europe)

Defines a User physically present or legally based in the European Union, regardless of nationality.

Standard Withdrawal Form

Addressed to:

STREET, ZIP CODE, CITY
EMAIL

Hereby, I/we notify the withdrawal from my/our sales contract for the following goods/services:

_____________________________________________ (insert a description of the goods/services from which you intend to withdraw)

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________

(sign only if this form is notified in paper version)

Owner (or We)

Refers to the natural or legal person providing this Website and/or offering the Service to Users.

Product

A good or service that can be purchased through this Website, such as a tangible good, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

Service

The service offered through this Website as described in the Terms and on this Website.

Terms

All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the most updated version respectively.

User (or You)

Refers to any individual using this Website.

Consumer

Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity.