Terms and conditions PDF

 

Definitions

 

  1. ATM: ATM Meteoricadvantage Unipessoal Lda con sede in Av. Almirante Reis, nº 231 – 2º esq, Lisbona (Portogallo), TAX and VAT ID 510 799 345
  2. Website: ATM’s website (www.awaytomars.com) where the User uploads and shares images, videos, audios and the Designer publishes his/her own original designs. It is also the place where designs are commented, financed and sold in case they are selected.
  3. Moodboard: the section of the Website where all registered Users can share images (uploading them or posting a link), videos (only videos posted on Youtube or Vimeo are allowed), audio files (only audio files posted on Youtube and Soundcloud are allowed).
  4. Co-creation: the section of the website where Designers can share original clothing designs they’d like to realize, and where users can comment them.
  5. Crowdfunding: the section of the website where Designers’original clothing designs approved by the community or by ATM can have their production financed, using reward-based crowdfunding.
  6. Online catalog: the group of products that are on sale on ATM’s e-commerce.
  7. Designer: the person or ATM, registered on ATM’s Website, uploading on the Website an original clothing design.
  8. User: the person or ATM registered on ATM’s Website, posting images, videos, audios , but not original clothing designs.
  9. Consumer: the person or ATM registered on ATM’s Website puchasing a product on ATM’s e-commerce platform.
  10. Registration: the procedure of identification and registration of personal data, required to interact with ATM’s Website.
  11. Privacy: it is the process of collecting, storing, processing and authorized sharing of personal data carried out pursuant to Legislative Decree n. 196/2003 (Italian law)
  12. Responsible for processing the data: it is the Portuguese company Meteoricadvantage Unipessoal Lda con sede in Av. Almirante Reis, nº 231 – 2º esq, Lisbona (Portogallo), TAX e VAT ID 510 799 345
  13. Creation: the original clothing design submitted by the Designer on the Website
  14. Production: the production and selling, by ATM, of products based on Creations.
  15. Royalties: it is the form chosen to reward Designers for their Creations.
  16. E-commerce platform: outsourcced e-commerce platform, on which ATM based its online shop: http://www.shopify.com/

 

 

1) The object

 

ATM promotes, produces and sells by means of its Website, clothing and accessories products based on Designers’ Creations. The Creations receive Users’ feedbacks and can be approved by ATM at its incontestable discretion. These products can be found on the Online Catalog.

 

The Creation are submitted by the Designers and ATM is the sole actor capable to select them for the publication. ATM will publish the Creations selected in the Co-creation area of the Website. Here, Users can give feedbacks about the idea until a determined date, which will be chosen and disclosed by ATM.

 

At the end of this period ATM chooses at its incontestable discretion the most interesting Creations, taking into consideration Users’ feedbacks. For these creations, ATM will proceed to the prototyping and to collect quotations for the Production.

 

Then, these Creations will be published on the Crowdfunding section of the Website, in order to have their Production funded by the users, according to Reward-Based Crowdfunding dynamics. The reward and the minimum value for each funding campaign is decided by ATM.

 

The Creation that will successfully meet the defined number of funders or the defined amount of funding will be produced. The quantity and sizes will be decided by ATM and the products will be sold via the E-commerce platform on the Website.

 

 

2) ATM and the Users

 

In order to submit content on Website’s Moodboard and comment Creations on the Co-creation section, Users have to Register on the Website, providing:

  • Name and surname
  • Permanent address
  • Email address

 

ATM is free to accept or decline any Registration. and to not provide explanation about its decision.

 

The User will receive a confirmation email with a copy of the Terms of Use and of the Privacy Policies, together with a username and a password (the latter  to be mandatory changed on the first access) to access the Website restricted area. The User is the sole responsible for the custody of her username and password and accepts the duty to keep them with diligence. This access code is personal and cannot be surrended or disclosed.

 

By confirming the information and changing the password on the first access, the Designer accepts ATM’s Terms of Use and allows ATM to use her personal information.

 

The User accessing to the Moodboard:

  1. Agrees to submit images (uploading them or posting a link), videos (only videos posted on Youtube or Vimeo are allowed), audio files (only audio files posted on Youtube and Soundcloud are allowed) that do not violate copyright and trademarks or any other law. ATM  reserves the right, in its sole discretion to delete any element that considers, or that has been reported, as inappropriate.
  2. Accepts not to obstaculate or damage, either directly or indirectly, ATM’s activity, reputation and image.

 

ATM will store data for as long as it is necessary to provide products and services to users. Information associated with accounts will be kept until the specific account is deleted, unless ATM no longer needs the data to provide products and services. 
 

Users can delete their account any time, writing to [email protected]

 

When a user deletes his/her account, ATM deletes things they have posted.

 

 

3) ATM and the Designers

 

In order to submit his/ her Creation on the Website, the Designer must complete the Registration on the Website, providing the following information:

  • Name and Surname
  • Email address
  • Permanent Address
  • Business domicile
  • Number of valid ID
  • tax identification numbers (social security number, VAT number etc.)
  • a SEPA area bank account

 

ATM is free to accept or decline any Registration and to not provide explanation about its decision.

 

The Designer will receive a confirmation email with a copy of the Terms of Use and of the Privacy Policies, together with a username and a password (the latter to be mandatory changed on the first access) to access the Website restricted area. The Designer is the sole responsible for the custody of her username and password and she accepts the duty to keep them with diligence. This access code is personal and cannot be surrended or disclosed.

 

By confirming the information and changing the password on the first access, the Designer accepts ATM’s Terms of Use and allows ATM to use his/ her personal information. The designer must respect all the Users rules, besides the rules set in this section.

 

The Designer submitting a Creation in the Co-Creation area:

  1. Guarantees that the Design is an original design and that it does not violate any copyright
  2. Guarantees that the product is not harmful to anyone and it does not represent any sort of risk to people or object
  3. Guarantees that the creation and realisation of the product did not harm any animal, as per the international laws on this subject
  4. Licenses exclusively to ATM the rights to produce and create profits from the Creation, for a period of 5 years starting from the day of production
  5. Accepts not to obstaculate or damage, either directly or indirectly, ATM’s activity, reputation and image

 

In case the Crowdfunding campaign is successfully closed, meeting ATM’s requirements, ATM agreeds towards the Designer:

  1. To collect Users’ funding in an escrow account, tracking and keeping the related accountability
  2. To always cite Designer’s name on each item
  3. To produce the design in the defined quantity and to deliver an item to each funding User
  4. To autonomously manage every phase of the production, informing at least once per year the Designer about the number of items produces, the stock and the sales..
  5. To remunerate the Designer with a royalty of to be negociated on the gross retail price of every item sold, with the exception of the items delivered to the funding Users. This value includes every applicable tax.

 

 

4) - eCommerce

 

ATM will sell the Products on its Website, using the e-commerce platform Shopify.com™ , under the conditions (modality, time and prices) it will decide.

 

The provisions of this article constitute an integral and essential part of the contract to purchase any product. Sending an Order (as defined in the General Section, Section 1.2), involves the acceptance by the Consumer.

 

The provisions of this article referring to the Consumer (as defined below) will apply only to persons who fall within this definition. Consumers will benefit, in particular, of all the protections provided in the event of the conclusion of distance contracts within the meaning of Title III, Section II, of Legislative Decree no. Sept. 6, 2005, n. 206 ("Consumer Code"), as well as all the additional protections provided in favor of Consumers, by the Consumer Code and any other applicable law.

 

ATM is available for further information and complaints:

 

 

5) - Applicable law

 

The General Conditions of Contract, as well as any contract or relationship with users, the designers and the clients, is subject to and governed by Italian law and the Community rules in the EU.

 

Should one or more parts of this contract be considered invalid or contrary to mandatory law, the contract will still be effective and the invalid clauses will be replaced by the applicable law.

 

If the customer is a consumer, he maintains all statutory rights expressly reserved by law for this category of buyers.

 

 

6) - Dispute Resolution

 

The parties Shall defer the disputes arising out of the present contract to a mediation attempt managed by the Service of Mediation of the Chamber of Arbitration of Milan.

 

If the mediation attempt fails, the disputes arising out of or related to the present contract shall be settled by arbitration under the Rules of the Chamber of Arbitration of Milan (the Rules), by a sun arbitrator, appointed according to the Rules.

 

The siege of arbitration is Chamber of Arbitration of Milan (Italy).

 

The language of arbitartion is Italian.

 

 

7) - Privacy

 

The User represent, under and for the purposes of article 13 of the d. Decree 196/2003, to be informed that her personal data, obtained directly or collected from third parties, will be used, disclosed and, where necessary, common purpose of this contract and therefore lends its consent to their treatment within these limits.

 

The User also notes that the processing of personal data will be processed using manual, paper, computer and data, and that the responsible for the data processing is Meteoricadvantage Unipessoal Lda.

 

The User has knowledge of the rules and the rights reserved to him by Legislative Decree 196/2003 and in particular:

 

"Art. 7. Right of access to personal data and other rights:

 

  1. You have the right to obtain confirmation of the existence of personal data concerning him, even if not yet registered, and their communication in intelligible form.
  2. You have the right to obtain information about:
    1. source of personal data;

    2. the purposes and methods of treatment;

    3. the logic applied in case of treatment with electronic instruments;

    4. the identity of the owner, manager and the representative appointed under article 5, paragraph 2;

    5. subjects or categories of persons to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents.

  3. You have the right to:

    1. updating, rectification or, when interested, integration of data;
    2. the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
    3. confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disclosed, except if this requirement impossible or involves a manifestly disproportionate to the protected right.
  4. You have the right to object, in whole or in part:

    1. for legitimate reasons to the processing of personal data, pertinent for collection purposes;
    2. to the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communications. "

 

 

(General Conditions of Contract - 2015 - Meteoricadvantage Unipessoal Lda)