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1) Object of the contract and Valmontone App

This document sets forth the general contractual conditions and terms of use (hereinafter, both also referred to as “General Conditions”) relating to the Valmontone Application (hereinafter, “Valmontone App” or simply “Application”) usable from mobile devices, upon its installation. The Valmontone App hosts a platform that allows holders of one of the Valmontone Cards (Valmontone Virtual Card, Tourist Card, Vip Card, etc.) to access a wide range of services: information, interactive map, dedicated promotions, discounts, contests, and much more. Users who intend to use the services subject to these General Conditions must be 18 years of age or older and must independently provide themselves with the tools, connections, hardware, and software equipment necessary.

2) Definitions

To enable a complete understanding and acceptance of the General Conditions, the following terms, in singular and/or plural, shall have the meanings indicated below: Valmontone App or Application: the set of information, graphics, content, and functions that the user of the Application (hereinafter, “User”) can access through the software released under a free license and which can be downloaded for free from the IOS and Android stores to access their reserved services; App Provider: the company holding the rights to use the software, Promos S.r.l., VAT number: 03123920179, with registered office in 25124 Brescia (BS), Via San Zeno 173, which operates as the company responsible for the management of the Valmontone Outlet Village by DWS Grundbesitz GmbH (hereinafter “Valmontone Outlet Village”), with registered office in Frankfurt on the Main, Mainzer Landstraße 11,17 (Germany) acting through its branch office, with registered office in Milan (MI), via Filippo Turati n. 25/27, VAT number 12650270155, agent on behalf of the German real estate fund called “grundbesitz Europa,” as the holder of the rights to the Valmontone Outlet Village logo as well as the copyright on the contents present in the Application itself. Registration: the free and mandatory operation that involves the issuance of authentication credentials (username and password), allowing Users to access the Application and use their reserved services;

Registered User: any natural person who, by registering through the Application, creates their own User profile and accesses the services of the Valmontone App for purposes unrelated to entrepreneurial, commercial, or professional purposes; App User: any Registered User who proceeds to purchase the Valmontone Virtual Card (VVC); Fidelity Cards User: any Registered User who requests the issuance of one of the free dematerialized cards (so-called Fidelity Cards), issued under specific agreements with the Valmontone Outlet Village; Contents: any textual or multimedia element present on the Application, including, for example, advertisements, images, etc. User Profile: an area where the preferences of the Registered User and the summary of their actions appear (e.g., purchase history, any active promotions); Valmontone Cards are:

  1. the Valmontone Virtual Card (also VVC for short), a dematerialized loyalty card, for a fee, which offers the opportunity to take advantage of privileged services and exclusive benefits, as well as participation in prize contests;
  2. the other Fidelity Cards: Tourist Card, Vip Card, and other dematerialized cards (Fidelity Cards), free of charge as they are issued under specific agreements with the Provider and allow the use of dedicated discounts. 

3) Scope of application of these General Conditions 

The use of the Valmontone App implies the acceptance of these General Conditions by the User who – after downloading and installing the Valmontone App on their mobile device – registers and uses it to take advantage of the related benefits. If the User does not intend to accept the General Conditions and/or any other notice, legal notice, or information published or referred to therein, they may not use the Valmontone App or its related services. These General Conditions may be amended at any time for reasons of improving and streamlining the services offered. In the event of changes to these General Conditions, the new conditions will be communicated to Users via a specific email with a link to the modified parts and will be effective from the date of acceptance. The new General Conditions will be deemed accepted if the User continues to use the services of the Application. These General Conditions apply to the Registered User until the App is uninstalled. It is within the User’s discretion to withdraw from these General Conditions at any time in accordance with the procedures provided in Article 7) below “Uninstallation of the Valmontone App and account deletion”.

4) Registration to the Valmontone App and User account activation

The use and Registration to the Valmontone App are free. To make use of the functionalities of the Valmontone App, Users must register by providing truthfully and completely all the data required in the respective registration form and fully accepting these General Conditions and the information on the processing of personal data, also expressing their preferences for marketing activities and profiling. At the end of Registration, in order to finalize the creation of their account, the User must enter the OTP code received via email in the dedicated section within the Application to confirm the validity of their email address and then create their User Profile. The User is responsible for safeguarding their access credentials, which must be used exclusively and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them, as well as to immediately inform the App Provider in case of suspected or known misuse or unauthorized disclosure of the same. The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the App Provider harmless and indemnified from any damage, compensation obligation, and/or sanction resulting from and/or in any way connected to the User’s violation of the rules on Registration to the Application or on the storage of registration credentials.

5) Activation of Fidelity Cards and description of services

Once Registration in the Application is completed, the User who requests the issuance of one of the free dematerialized cards (so-called Fidelity Cards), issued under specific agreements with the Valmontone Outlet Village, must go to the Infopoint to activate them. The Fidelity Cards allow you to:

  • Consult the section dedicated to news and promotions of the Outlet
  • Interact with the virtual assistant and possibly be connected to a support chat with the Infopoint
  • Consult the interactive map of the Outlet with search and navigation to the store of interest
  • Check your purchase history and the benefits you have enjoyed over time (data dashboard)
  • Enjoy a 10% or more discount on the Outlet price.

6) Purchase of the Valmontone Virtual Card (VVC). Duration. Payment methods and description of services. 

Once Registration in the Application is completed, to obtain the VVC, the User must proceed with its purchase following the procedure indicated in the Application, namely choosing whether to make the payment: 

  • at the infopoint or at one of the multimedia kiosks located at the Valmontone Outlet Village using the payment methods available there;
  • or, online through the Application, by credit card.

The VVC has a validity of 1 year (365 days from the activation date), after which the VVC automatically deactivates, with no automatic renewal provided. The cost for the initial activation of the VVC is €5.00 (five/00), while for subsequent activations after the first purchase, the cost is €4.00 (four/00).

Regardless of the chosen payment method, the purchase of the VVC is considered completed upon the sending of the payment confirmation to the email address provided by the User during registration or through the display of an order confirmation webpage in case of online purchase. From that moment onwards, the VVC will be active and available in the Application’s wallet.

The holder of the VVC, through their User Profile, can:

  • Purchase, renew, and manage their Valmontone Virtual Card
  • Consult the section dedicated to news and promotions of the Outlet
  • Interact with the virtual assistant and possibly be connected to a support chat with the Infopoint
  • Consult the interactive map of the Outlet to search and navigate to the store of interest
  • Digitally utilize all their active Outlet cards
  • Participate in instant win contests by using the VVC in the stores within the Outlet
  • Check their purchase history and the benefits they have enjoyed over time (data dashboard)
  • Enjoy a discount of 20% or more on Outlet prices every Thursday of the month
  • Enjoy exclusive discounts reserved for VVC holders as provided by promotional initiatives organized by Valmontone Outlet Village throughout the year.

7) Uninstallation of the Valmontone App and account cancellation 

The registered User can terminate this contract at any time and without prior notice by uninstalling the Valmontone App. Uninstalling the App does not automatically result in the deletion of the User account. To delete their account, the User must request cancellation through the Application interface, if possible, or by sending a written communication to the email address privacy@valmontoneoutlet.com. Account cancellation entails the automatic deactivation of the Valmontone Cards and, consequently, the loss of associated benefits (such as, for example, participation in prize contests).

In the absence of a request, the data will still be deleted after 5 years from the last use of the Application.

In the event of a User’s violation of these General Conditions or, more generally, applicable legal provisions, the App Provider reserves the right to suspend or close the User’s account at any time and without prior notice.

8) Price variations and payment methods 

The Provider reserves the right to modify, at any time, the price of the Valmontone Virtual Card and any additional costs, with the understanding that any price changes will take effect for purchases made after the price change.

The Valmontone App uses third-party tools for payment processing and does not come into contact with any payment data provided (credit card numbers, cardholder names, passwords, etc.). If these third-party tools were to deny authorization for payment, the App Provider cannot provide the Valmontone Virtual Card and cannot be considered responsible in any way.

9) Right of withdrawal according to Legislative Decree No. 206 of September 6, 2005 (Consumer Code) – exclusion 

National regulations regarding the right of withdrawal DO NOT apply to contracts of small value negotiated outside of commercial premises (Article 47, paragraph 2, Consumer Code). For the qualification of a “contract of small value,” the limit set by national legislation is €50.00, in accordance with the provisions of EU regulations. 

10) Industrial and Intellectual Property Rights 

The services accessible through the Application will be used by the User respecting the intellectual and/or industrial property rights of the App Provider, the exclusive owner of the software, interfaces, graphics that integrate the aforementioned Application. All trademarks, figurative or nominative, and all other signs, trade names, service marks, denominations, illustrations, images, logos, application-related contents are and remain the property of Valmontone Outlet Village or its licensors and are protected by current trademark laws and related international treaties. These Terms do not grant the User any license to use the Valmontone App and/or individual Content and/or materials available therein, unless otherwise specified. Any reproductions in any form of explanatory texts and Contents of the Valmontone App, if unauthorized, shall be considered violations of intellectual and industrial property rights.

11) Conformity Guarantee and Service Availability 

With regard to the VVC as a good with digital elements, the sale is covered by the legal warranty on consumer goods, which covers conformity defects existing at the time of delivery of the goods and manifesting within 24 months from the date of delivery of the purchased goods (where applicable), even if at that date the defect was not immediately detectable. Unless proven otherwise, it is presumed that conformity defects manifesting within 1 year from the date of delivery of the goods, including goods with digital elements, already existed at that date, unless such hypothesis is incompatible with the nature of the good or with the nature of the conformity defect. For goods with digital elements for which the sales contract provides for the continuous supply of digital content or digital service for a period of time, the burden of proof that the digital content or digital service was compliant within 24 months lies with the seller. Any action to enforce conformity defects is time-barred within 26 months from the delivery of the goods, unless the defects have been fraudulently concealed by the seller. The App Provider will endeavor to ensure that the Valmontone App is continuously available 24 hours a day, but cannot be held responsible if, for any reason, the Valmontone App were not accessible and/or operational at any time or for any period. Access to the Valmontone App may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the control and will of the App Provider or force majeure events.

12) Limitation of Liability 

The App Provider cannot be held liable to the User for malfunctions or disruptions related to the use of the internet network beyond its own control or that of its suppliers. The App Provider assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment, as it does not come into contact with the payment data used (credit card numbers, cardholder names, passwords, etc.) The App Provider, for example, will not be liable for: any loss of business opportunity and any other loss, even indirect, suffered by the User that are not a direct consequence of the breach of the contract by the Owner, incorrect or inadequate use of the Application by Users or third parties, issuance of incorrect tax documents or data due to errors relating to the data provided by the User, as the latter is solely responsible for the correct input.

13) Link to Third-Party Websites 

The Valmontone App may contain links to third-party websites/applications. The App Provider exercises no control over them and, therefore, is not in any way responsible for the content of these websites/applications. Some of these links may refer to third-party websites/applications that provide services through the Valmontone App. In these cases, the general terms and conditions for the use of the website/application and for the enjoyment of the service prepared by the third parties will apply to the individual services, for which the App Provider assumes no responsibility.

14) Processing of Personal Data 

The protection and processing of personal data will take place in accordance with the Information pursuant to Articles 13 and 14 of European Regulation 679/2016, which can be consulted on the Privacy Policy page.

15) Applicable Law and Jurisdiction 

Any dispute relating to the application, execution, and interpretation of these General Conditions will be referred to the court of the place where the User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the User’s right to bring an action before a judge other than the “consumer forum” pursuant to Article 66 bis of the Consumer Code, competent territorially according to one of the criteria set out in Articles 18, 19, and 20 of the civil procedural code. The application of the provisions potentially more favorable and non-waivable to Users who do not have their habitual residence in Italy, provided by the law of the country where they have their habitual residence, is without prejudice, particularly concerning the exercise of the right of withdrawal.

16) Online Dispute Resolution for Consumer Users 

The User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, the User can use this platform to resolve any disputes arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/ 

17) Contacts / Communications 

If the User has complaints or requests for information to forward to the App Provider or to contact them, they can contact the Infopoint of Valmontone Outlet Village or contact them by phone at +39 069599491 or by writing to the email address: info@valmontoneoutlet.com