GENERAL CONDITIONS OF BUNDLED SALE
PRODUCTS + NFT
DOLCE & GABBANA
1. General Provisions
1.1 These general terms and conditions of bundled sales for physical products and digital goods (hereinafter, “General Terms and Conditions for NFT Bundled Sales") shall govern all sales of limited edition shoes traded under the Dolce&Gabbana brand (hereinafter, "PhysicalProducts" or "Physical Product") bundled with the sale of so-called "Non Fungible Tokens" or "NFTs", as better described below ("NFT"), reproducing the image and name of the well-known US basketball player, Anthony Leon "P.J." Tucker born on May 5, 1985, in Raleigh ("P.J."). Tucker") and who currently plays for theMilwaukee Bucks team ("Milwaukee Bucks") in the US National Basketball Association ("NBA") championship.
For any matters which are not expressly governed by these General Terms and Conditions for NFT Bundled Sales, please refer to the following:
The documentation referred to in letters a) - d) above (hereinafter "D&G General Terms and Conditions") shall therefore be deemed an integral and substantial part of these NFT General Terms and Conditions of Sale as applicable.
1.2 The distance selling service governed by the General Terms and Conditions for NFT Bundled Sales is reserved exclusively to consumers for personal use (hereinafter, "Customers" or "Customer"); 'consumers' means individuals, over 18 years of age, acting for purposes unrelated to their trade, business, craft or profession
2. Important information about Physical Products and NFTs - Bundled Sales
2.1 NFTs AND/OR THE PHYSICAL PRODUCTS ARE NOT A GIFT, PRIZE OR WIN. THE PHYSICAL PRODUCTS ARE SOLD IN A BUNDLE WITH NFTs. THE CUSTOMER MAY ALSO PURCHASE THE PRODUCTS INDIVIDUALLY ON THE BASIS OF OFFERS MADE AVAILABLE BY TLG ON THE WEB PAGE. FOR MORE INFORMATION IN CONNECTION WITH BUNDLED SALES, PLEASE REFER TO RESOLUTION NO. 376704, NOVEMBER 30, 2016, OF THE ITALIAN MINISTRY OF ECONOMIC DEVELOPMENT. THE SALE OF PHYSICAL PRODUCTS AND NFTs, THEREFORE, IS NOT A CONTEST OR A PRIZE OPERATION ACCORDING TO DPR 430/2001.
2.2 NFTs can be defined as cryptographic, non-fungible digital tokens, based on blockchain technology, consisting of a kind of digital container within which it is possible to connect a specific digital content (a digital graphic work, a digital audio, a digital video, a digital picture, etc.). The set container + content constitutes in its entirety a digital product that is uniquely traceable to a specific entity or individual through a decentralized public repository, known as blockchain. The allocation of the NFT from one party to another takes place by means of a so-called Smart Contract, i.e. an IT protocol which enables the allocation of certain rights (e.g. the ownership of an NFT or the payment of the fee associated with this NFT and the associated rights). Smart Contracts are regulated by the Italian legislation, in art. 8ter of Decree Law 135/2018, converted by Law n. 12/2019. The assignment of the ownership of the assembly (digital container + digital content) does not imply any transfer to the buyer of the NFT of any copyright, intellectual property rights and related rights of economic exploitation of the digital content, whose rights remain with the legitimate owners and/or licensees and with the faculty for the latter to further disseminate the digital content theoretically also through a new NFT (in a new digital container).
In addition to the above, an NFT can be connected to a physical object so as to track its movements, attribute ownership of such physical products, control the production chain, prevent counterfeiting, etc. The application of NFTs to physical products, however, depends on the technical way by which the physical product is correlated to the NFT and the constant positioning and attestation communications between the physical and digital worlds.
2.3 The technology behind NFTs is currently under development and testing. Therefore TLG does not assume any responsibility for any possible technical issues concerning NFTs and to this end we refer to what is provided for in art. 2.10, 2.11 and 2.12 below
2.4 NFTs will be sold according to the indications provided by the seller upon purchase of the Physical Products and according to any further instructions made available on the Web Page and/or on the www.dolcegabbana.com
2.5 The purchase of the Physical Products and the NFT does not imply, in any way, the assignment or license of the copyrights and rights related to copyright and more generally any intellectual property rights related to the works, recordings, graphics, videos, audio, and any other creation covered by copyright that may be contained in the NFT and/or the Physical Products to the Customer
2.6.Furthermore, the purchase of the Physical Products and the NFT does not assign to the Customer any right to use and reproduce the name, image and more generally of all the identifying elements of P.J. Tucker, the NBA and/or the "Dolce&Gabbana" and "D&G" brands.
2.7. The Purchase of the NFT grants to the Customer merely the ownership of an innovative unique digital asset composed of an animated graphic, enclosed in the NFT. The buyer becomes the owner of a unique "digital asset". The creator of the animated graphics, the owners or licensees of the "Dolce&Gabbana" and "D&G" brands, P.J. Tucker and the NBA, therefore, do not in any way assign any rights of economic exploitation of the graphics and the aforementioned names and trademarks.
2.8 In order to carry out the allocation of the purchased NFT, the Customer shall comply with the written instructions that TLG will provide to the Customer either by email or through the Dedicated Web Page.
2.9 The Customer shall have the availability of a digital wallet ("Wallet") into which the NFT that is purchased in bundle with the Physical Products can be credited. TLG shall have no liability with respect to such Wallet and shall have no access to any private key thereof..
2.10 TLG does not provide computer support services. Any possible technical assistance and support, aimed at a better management of the sale and acquisition process of NFTs, may be provided on a case by case basis by TLG based on its availability, without implying any form of compulsory technical assistance for the seller.
2.11 TLG shall have no liability arising out of or relating to these General Terms and Conditions for NFT Bundled Sales for any: (1) indirect, special, incidental or consequential losses (whether foreseeable or contemplated by the Customer); (2) compensation for actual damages; or (3) loss of revenue, profit or data. TLG's aggregate liability, if any, applicable to TLG notwithstanding the foregoing, arising from the sale of NFTs and/or Physical Products shall not exceed the amount paid by Customer for the purchase of such Physical Products and/or NFTs.
2.12 TLG is in no event liable for any errors resulting from the failure of the Customer's connection to the Web Page or any technical criticalities related to the transactions required to process the NFTs and the transfer of their ownership (including gas fees, third party platform fees, clogging of the relevant blockchain network, etc.).
3. NFT allocation
NFTs are digital products that cannot be physically delivered. The allocation of NFT to the Customer may be made in the manner indicated by TLG also via email to the Customer or through the Web Page and / or the site www.dolcegabbana.com, as well as in these General Terms and Conditions for NFT Bundled Sales. Namely, the Customer must have the availability of a Wallet address where the NFT can be credited. In the absence of such Wallet, the Customer will not be able to proceed with the allocation of the NFT. TLG will use third-party providers in the process of creating and allocating NFTs. Any delays related to the congestion of the internet network or blockchain of reference or related to other issues not dependent on the exclusive fault of TLG shall not be charged to TLG. Once purchased and credited to Wallet, NFTs cannot be returned by the Customer. Please refer to the provisions of art. 5.1 below regarding the exclusion of the right of withdrawal.
4. Confirmation of shipment and delivery of Physical Products and allocation of NFTs.
4.1 TLG will send to the Customer an e-mail confirmation of successful shipment of the Physical Products following the shipment of the Physical Products.
4.2 TLG will send an email to the Customer confirming that the purchased NFTs were credited.<
5. Right of withdrawal and exclusion
5.1 No right of withdrawal for NFTs. The right of withdrawal from the purchase of NFT is excluded in the cases referred to in art. 59, letter a), i) and o) of Legislative Decree no. 206/2005 (Consumer Code). In this regard, it is recalled that the right of withdrawal is excluded (art. 59, lett. a) in service contracts after the full performance of the service if the performance has begun with the express agreement of the consumer and the acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional. In addition, the right of withdrawal is excluded (Art. 59(i)) with regard to the delivery of sealed audio or video recordings or sealed computer software that has been opened after delivery. And finally, the right of withdrawal is excluded (Art. 59(o)) with respect to the supply of digital content (such as NFT) by means of a non-material medium (such as a private key for an NFT or other NFT redemption code) if performance has begun with the consumer's express agreement and his acceptance that he would then lose his right of withdrawal.
5.2 No right of withdrawal for Physical Products. The right of withdrawal from the purchase of physical products bundled with NFTs is excluded in the cases referred to in art. 59, letter f) Legislative Decree no. 206/2005 (Consumer Code). To this end we remind in fact that the right of withdrawal does not apply in case of supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods, as it happens in the bundled sale of Physical Products and NFTs under these General Terms and Conditions for NFT Bundled Sales.
5.3 Application of the right of withdrawal for Physical Products purchased separately from NFTs
In the event that a user purchases, in any way different from this sale, the Shoes separately from NFT, the D & G General Terms and Conditions will apply.
6. Intellectual Property Rights
All the brands "Dolce&Gabbana", "D&G", and those related to the name of P.J. Tucker and the NBA, the relative figurative and/or shape trademarks, displayed on the Physical Products and NFT, on their relevant accessories and/or packaging, as well as all illustrations, images and logos protected by copyright, and, more in general, all intellectual property rights related to the images, videos, audio contained in the Physical Products and NFTs are and will remain the exclusive property of Dolce&Gabbana S.r.l., P.J. Tucker, the NBA and/or their respective suppliers and/or licensors without in any way constituting a transfer or license of any such copyright or intellectual property rights contained in the Physical Products or NFTs by the purchase of the Physical Products and/or NFTs.
Any other matter concerning the intellectual property rights relating to the "Dolce&Gabbana" and "D&G" brands, please refer to the D&G General Terms and Conditions