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    Home » Terms and Conditions

    Terms and Conditions

    Last Updated: May 26, 2025

    Welcome to https://mattiaunpacks.com (the “Website”), owned and operated by Mattia Franchina (“we,” “us,” or “our”), with contact email mattiaunpacks@gmail.com. These Terms and Conditions (“Terms”) govern your access to and use of the Website, including all content, features, and services offered, such as gaming news, product reviews, unboxing articles, embedded YouTube videos, contact forms, newsletters, user accounts, and commenting functionalities. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please refrain from using the Website.

    These Terms are drafted in accordance with applicable laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the ePrivacy Directive 2002/58/EC (as amended), the EU Consumer Rights Directive 2011/83/EU, and relevant provisions of the Italian Civil Code and Italian Consumer Code (Legislative Decree No. 206/2005), as applicable to a website operator residing in Italy serving an international audience.

    1. Definitions

    For the purposes of these Terms:

    • User or you: Any individual or entity accessing or using the Website.
    • Content: All text, images, videos (including embedded YouTube videos), reviews, articles, comments, and other materials available on the Website.
    • Services: Features provided by the Website, including access to Content, contact forms, newsletters, user accounts, and commenting functionalities.
    • Data Controller: Mattia Franchina, responsible for processing personal data as described in our Privacy Policy.
    • Third-Party Services: External platforms integrated with the Website, including Google Analytics, Google Tags, Ubersuggest, YouTube, and potentially Yoast SEO.

    2. Eligibility

    To use the Website, you must:

    • Be at least 16 years old, in compliance with GDPR requirements for processing personal data (Article 8 GDPR). Users under 16 must obtain verifiable parental consent, which may be requested via email at mattiaunpacks@gmail.com.
    • Have the legal capacity to enter into binding agreements under applicable law.
    • Comply with these Terms and all applicable local, national, and international laws and regulations.

    3. Access and Use of the Website

    3.1. Permitted Use

    You may use the Website for personal, non-commercial purposes, including:

    • Reading gaming news, reviews, and articles.
    • Watching embedded YouTube videos.
    • Submitting inquiries via the contact form at https://mattiaunpacks.com/contact.
    • Subscribing to our newsletter.
    • Creating a user account to post comments on articles.

    3.2. Prohibited Use

    You agree not to:

    • Use the Website for any unlawful, fraudulent, or harmful purpose.
    • Copy, reproduce, distribute, or modify Content without prior written consent, except as permitted by applicable copyright laws (e.g., fair use under EU Directive 2001/29/EC).
    • Attempt to gain unauthorized access to the Website, user accounts, or associated systems.
    • Post comments that are defamatory, obscene, discriminatory, or violate third-party rights, including intellectual property or privacy rights.
    • Use automated systems (e.g., bots, scrapers) to access or collect data from the Website without permission.
    • Interfere with the Website’s functionality, including through viruses, malware, or denial-of-service attacks.

    3.3. User Accounts

    To comment on articles, you must create a user account by providing accurate information (e.g., email address and username). You are responsible for:

    • Maintaining the confidentiality of your account credentials.
    • All activities conducted under your account.
    • Notifying us immediately at mattiaunpacks@gmail.com if you suspect unauthorized use of your account.

    We reserve the right to suspend or terminate accounts for violations of these Terms, in accordance with Article 1456 of the Italian Civil Code (termination for breach).

    4. Intellectual Property

    4.1. Ownership

    All Content on the Website, including articles, reviews, and unboxing content, is owned by Mattia Franchina or licensed to us, unless otherwise indicated. Embedded YouTube videos are owned by their respective creators and used under YouTube’s terms of service. Content is protected by EU copyright law (Directive 2001/29/EC), Italian copyright law (Law No. 633/1941), and international treaties.

    4.2. License to Users

    We grant you a limited, non-exclusive, non-transferable, revocable license to access and view Content for personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, or create derivative works from Content without our prior written consent.

    4.3. User-Generated Content

    By posting comments or submitting content via the contact form, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, and distribute such content on the Website and related services (e.g., newsletters), subject to our Privacy Policy. You represent that:

    • You own or have the right to submit such content.
    • Your content does not infringe third-party rights or violate applicable laws.

    We may remove or moderate user-generated content at our discretion, particularly if it violates these Terms or applicable laws, such as the Italian Penal Code provisions on defamation (Article 595) or hate speech.

    5. Third-Party Services and Links

    The Website integrates Third-Party Services, including:

    • Google Analytics and Google Tags for website analytics and tracking.
    • Ubersuggest for SEO monitoring.
    • YouTube for embedded videos.
    • Yoast SEO (if implemented) for search engine optimization.

    These services are subject to their respective terms and privacy policies, which you should review. We are not responsible for the content, functionality, or data practices of Third-Party Services. The Website may also contain links to external websites, which we do not endorse or control. You access third-party websites at your own risk.

    6. Newsletter

    By subscribing to our newsletter, you consent to receive periodic emails containing gaming news, reviews, promotions, or other updates. Newsletter subscriptions are managed in compliance with GDPR (Article 6(1)(a)) and the ePrivacy Directive. You may unsubscribe at any time via the “Unsubscribe” link in any newsletter or by contacting us at mattiaunpacks@gmail.com. Our Privacy Policy provides further details on data processing for newsletters.

    7. Refund Policy

    Although the Website currently does not offer e-commerce functionalities, the following Refund Policy applies to potential future sales of products or services (e.g., merchandise, premium subscriptions, or digital content) to ensure compliance with the EU Consumer Rights Directive 2011/83/EU and the Italian Consumer Code.

    7.1. Right of Withdrawal

    If you are a consumer (as defined under Article 3 of the Italian Consumer Code), you have the right to withdraw from any purchase made on the Website within 14 days from the date of delivery (for physical products) or conclusion of the contract (for services or digital content), without providing a reason, unless an exception applies (see below).

    To exercise your right of withdrawal, you must notify us at mattiaunpacks@gmail.com within the 14-day period, clearly stating your intent to withdraw and providing order details. You may use the model withdrawal form provided under Annex I(B) of the EU Consumer Rights Directive, though this is not mandatory.

    7.2. Exceptions to the Right of Withdrawal

    The right of withdrawal does not apply to:

    • Digital content (e.g., downloadable files, premium content) if you have expressly consented to begin performance during the withdrawal period and acknowledged that this waives your right (Article 16(m) of Directive 2011/83/EU).
    • Personalized products or goods made to your specifications (Article 16(c)).
    • Sealed goods (e.g., software, media) that are not suitable for return due to health or hygiene reasons if unsealed after delivery (Article 16(e)).

    7.3. Refund Process

    If you validly exercise your right of withdrawal:

    • We will refund all payments received, including standard delivery costs (if applicable), within 14 days from the date we are informed of your withdrawal.
    • Refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed.
    • For physical products, you must return the goods to us at your expense within 14 days of notifying us of withdrawal. Goods must be unused, in their original condition, and with all original packaging.

    7.4. Defective or Non-Conforming Products

    If a product is defective or does not conform to the contract, you are entitled to a repair, replacement, or refund under the EU Consumer Rights Directive and Italian Consumer Code (Articles 129–133). Contact us at mattiaunpacks@gmail.com to report issues within 2 years from delivery (or as otherwise required by law).

    7.5. Non-Consumer Purchases

    If you are not a consumer (e.g., purchasing for business purposes), the above rights may not apply, and refunds will be handled on a case-by-case basis, subject to applicable commercial laws.

    8. Privacy and Data Protection

    Your personal data is processed in accordance with our Privacy Policy, available at https://mattiaunpacks.com/privacy-policy (to be developed). We comply with the GDPR and Italian data protection laws (Legislative Decree No. 196/2003, as amended). Key processing activities include:

    • Collecting contact form submissions.
    • Managing newsletter subscriptions.
    • Enabling user accounts and comments.
    • Analyzing website usage via Google Analytics, Google Tags, and Ubersuggest.

    For details on cookies and tracking technologies, see our Cookie Policy (to be developed). You may manage cookie preferences via our Cookie Banner.

    9. Limitation of Liability

    To the fullest extent permitted by law, including the Italian Consumer Code and EU Directive 1999/44/EC:

    • The Website and its Content are provided “as is” without warranties of any kind, express or implied, including as to accuracy, completeness, or fitness for a particular purpose.
    • We are not liable for indirect, incidental, or consequential damages arising from your use of the Website, including loss of data, profits, or business opportunities.
    • Our liability for direct damages is limited to the amount paid by you for any paid services (if applicable) or €100, whichever is lower, except where such limitation is prohibited by law (e.g., for consumers under Article 33 of the Italian Consumer Code).
    • We are not responsible for interruptions, errors, or unavailability of the Website due to technical issues, maintenance, or third-party actions (e.g., YouTube outages).

    10. Indemnification

    You agree to indemnify and hold harmless Mattia Franchina, its affiliates, and representatives from any claims, losses, or damages (including legal fees) arising from:

    • Your violation of these Terms.
    • Your infringement of third-party rights (e.g., intellectual property, privacy).
    • Your misuse of the Website or Services.

    11. Termination

    We may suspend or terminate your access to the Website or Services at our discretion, with or without notice, if:

    • You breach these Terms.
    • Your use poses a security or legal risk.
    • Required by law or competent authorities.

    Upon termination, your right to access the Website ceases, but provisions on intellectual property, liability, indemnification, and governing law survive.

    12. Governing Law and Dispute Resolution

    12.1. Governing Law

    These Terms are governed by the laws of Italy, without regard to conflict of law principles, and, where applicable, EU law. For consumers, mandatory protections under your country of residence’s laws may apply (e.g., under Regulation (EC) No. 593/2008 (Rome I)).

    12.2. Dispute Resolution

    • Consumers: Disputes may be resolved through the European Online Dispute Resolution (ODR) Platform (https://ec.europa.eu/consumers/odr) or through competent courts in your place of residence, as per Regulation (EU) No. 1215/2012 (Brussels I). In Italy, consumers may also use mediation under Legislative Decree No. 28/2010.
    • Non-Consumers: Any disputes shall be submitted to the exclusive jurisdiction of the courts of Milan, Italy, unless otherwise agreed.

    13. Changes to These Terms

    We may update these Terms to reflect changes in our Services, legal requirements, or business practices. Updates will be posted on the Website with the “Last Updated” date. For significant changes, we will notify users via email or a website notice, as required by GDPR (Article 13). Continued use of the Website after changes constitutes acceptance of the updated Terms.

    14. Contact Us

    For questions, complaints, or requests regarding these Terms, contact:

    Mattia Franchina

    Email: mattiaunpacks@gmail.com

    Website: https://mattiaunpacks.com/contact

    15. Miscellaneous

    • Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force, as per Article 1419 of the Italian Civil Code.
    • Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us.
    • No Waiver: Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
    • Assignment: We may assign our rights and obligations under these Terms without your consent, provided your rights are not prejudiced. You may not assign your rights without our written consent.
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