1. Subject

1.1. These general terms and conditions of sale (hereinafter the “Conditions”) shall apply to the purchase, by users falling within the definition of “Consumers” and of “Professionals”, pursuant to the following Clause 1.2, through the website https://pzeroexperience.pirelli.com/en-ww/circuits/mugello (hereinafter the “Site”) of one or more packages named “P ZERO™ Experience” (hereinafter the "P ZERO™ Experience Package" or the "P ZERO™ Experience Packages") which will entitle the Buyer (as defined below) to participate, at the Mugello Circuit (hereinafter the "Circuit") to a day on track with his/her own car having the characteristics indicated on the Site.

The dates available for the use of the PZERO Experience Packages and their descriptions are published on the Site.

1.2. The PZERO Experience Package, will be sold through Pirelli Tyre S.p.A, with registered office in Viale Piero e Alberto Pirelli, 25 – 20126 Milan (Italy), Tax Code, VAT No. and Milan Business Registry Enrolment No. 07211330159, R.E.A of Milan 1147607, a joint stock company with a sole shareholder - management and coordination of Pirelli & C. S.p.A. (hereinafter "PIRELLI").

The parties involved in the purchase of the PZERO Experience Packages via the Site shall be PIRELLI, as seller (hereinafter the "Seller") and the party, who purchases the PZERO Experience Packages for reasons other than in relation to the profession, business, trade or craft conducted by that party or that of another party (hereinafter the "Consumer"), or in relation to the profession, business, trade or craft conducted by that party, (hereinafter the "Professional") as the buyers (the Consumer and the Professional shall individually be referred to as the “Buyer” and jointly as the “Buyers”). The Seller and the Buyer, as the case may be, shall be referred to jointly as the "Parties".

Pursuant to these Conditions, the Buyer is the registered owner of the PZERO Experience Package, who will be the one who will drive the car – as indicated during the registration/purchase - at the Circuit.

1.3. Any communication by the Buyer, in connection with and/or in relation to the purchase of the PZERO Experience Packages, including, but not limited to any notifications, claims or requests concerning the purchase of the PZERO Experience Packages, etc., shall be made to the addresses and in accordance with the modalities indicated on the Site or to the email address pzeroexperienceitalia@pirelli.com (hereinafter the "Customer Service").

1.4. All purchases are regulated by the Conditions published on the Site at the time the order is submitted by the Buyer.

1.5. If one or more sales are made to a Professional, the Conditions shall apply but, notwithstanding the provisions of the same:

• a) the Professional will not be recognized any other protections provided herein, in favor of the Consumer, which reflect or comply with mandatory provisions of law;
• b) for disputes between the Seller and a Professional, Articles 12.2 – 12.4 of Conditions, referring to disputes between the Seller and a Consumer shall not apply.

1.6. When the purchase order is transmitted, the Buyer accepts that confirmation of the information on the order made, and on these Conditions, sent to them via e-mail to the address they provided during registration on the Site, or during the purchase process.

1.7. Buyers must be aged 21 or over in order to make purchases of one or more P ZERO™ Experience Packages on the Site and have legal capacity.

1.8. The Buyer shall be responsible for any costs incurred to connect to the Site via the internet, including any telephony costs incurred by the Buyer with their service provider.

2. The P ZERO™ Experience Packages features and important rules for the access to the Circuit

2.1. The P ZERO™ Experiences Packages are sold by the Seller with the features described on the Site and in accordance with the Conditions published on the Site, at the time the order is sent by the Buyer, with the exclusion of any other terms or conditions.

2.2. The Seller reserves the right to amend all or part of these Conditions, at any moment in time, and as its own discretion without giving any notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to orders placed from that date onwards.

2.3. Sales prices, the P ZERO™ Experience Packages sold on the Site and/or the characteristics of the same, are subject to change without notice and, therefore, the Seller does not assume any responsibility in the event of changes in the contents of the PZERO Experience Package and/or program variations. Such changes only apply to orders placed after the date of the contents change. In any case, the Buyer is advised to check the final purchase price, before submitting the order, pursuant to Clause 3 below.

2.4. Users from all over the world can access this Site; however, the P ZERO™ Experience Packages, available on the Site, can only be purchased by users who request their execution in Italy.

2.5. The possibility of accessing the Circuit, following the purchase of a P ZERO™ Experience Package, will be allowed only to Buyers (i) who are legitimate owners of the cars belonging to a list published by Pirelli on the website and who (ii) have a driving license in the course of validity, issued for at least 36 (thirty six) months and not subject to suspension or other sanctioning measures.

The access to the Circuit will not be allowed to people other than the Buyers, nor to cars other than those indicated in the list published by Pirelli.

2.6. The access to the Circuit by each Buyer is subject to:
(i) the acceptance and the related subscription by the Buyer of the Circuit regulation;
(ii) the subscription of the P ZERO™ Experience regulation,(inclusive of the Covid-19 Safety and Hygiene Measures) which will be provided by PIRELLI and which can be read and downloaded here;
(iii) the unconditional subscription by the Buyer of the indemnity documents that the Circuit, PIRELLI and the car manufacturers will ask the Buyer to sign.
Click here to read and download the indemnity documents of the Mugello Circuit and PIRELLI;
(iv) the subscription of the anti Covid-19 self declaration which can be read and download here.

3. PZERO Experience Package purchase procedure – Conclusion of each individual purchase contract

3.1. Each order submitted by the Buyer to the Seller via the Site has the value of a contractual proposal and is subject to these Conditions which form an integral part of the purchase order and which the Buyer, by placing the order, fully accepts without any reservation. Before proceeding with the purchase of the PZERO Experience Packages by placing an order with the Seller, the Buyer must carefully read and fully accept the Terms and Conditions, print off a copy of the same by clicking on the “print” function on his/her computer and save or keep a copy of the same for their own records.

3.2. The Buyer's purchase order is accepted by the Seller with the dispatch to them, at the e-mail address they provided to the Seller before confirming the purchase, of an e-mail confirming the order, which will contain a link to the text of these Conditions, a summary of the order made, including detailed price information, and a description of the PZERO Experience Package ordered. The Buyer's order, Seller's confirmation of the Order, and the Conditions applicable to the relationship between the Parties, will be archived electronically by the Seller in their IT systems, and the Buyer may request copies by sending an e-mail to Customer Service.

3.3. A contract for the purchase of the PZERO Experience Packages is made when the Seller sends an e-mail to the Buyer confirming that the order has been accepted ("Order Confirmation").

4. Selection procedure and purchasing of the P ZERO Experience Packages

4.1. The P ZERO™ Experience Packages presented on the Site may be purchased by the Buyer's selection of the P ZERO™ Experience Package of interest, and its placement in the virtual purchase basket. One (1) P ZERO™ Experience Package may be purchased with each order. Each P ZERO Experience Package purchased must mandatorily include the Buyer, and, optionally, up to 3 accompanying persons (hereinafter the "Companions"), in compliance with the P ZERO™ Experience regulation. The name of the Buyer cannot be changed after the purchase and no other person will be permitted to drive the vehicle.

4.2. After having selected the PZERO Experience Package, to complete the purchase of the P ZERO™ Experience Package in its basket, the Buyer will be invited to provide his/her personal data as well as the personal data of the Companions, where present in order to complete the order and enable the contract to be finalised. The Buyer will see a summary of the order to be processed, indicating, specifically, the day of the Event, the price, the name of the Buyer, the names and the number of people accompanying the Buyer, if any, the model and licence plate of the vehicle, and the Buyer's own e-mail address: after having read them carefully, the Buyer must then expressly approve these Conditions and the specific clauses (including the documents indicated in paragraphs 2.5 and 2.6), by checking the appropriate box (check-box) on the Site and finally the Buyer will be asked to confirm his/her order with the "PURCHASE" button. The order will then be definitively sent to the Seller and will produce the effects described in the above Clause 3.2 of these Conditions. The Buyer may pay by credit card, and will therefore be required to provide the relevant information through a protected connection. For accounting and administration purposes, the Seller reserves the right to check the personal information provided by the Buyer. The amount of the purchase will be debited when the Seller sends the order confirmation to the Buyer. The information provided by the Buyer at the time the order is transmitted will be used for invoicing.

5. Delivery and use of the P ZERO™ Experience Package

5.1. Upon conclusion of the P ZERO™ Experience Package purchase procedure, the Buyer will receive an e-mail, at the address he/she has indicated, containing the alphanumeric code and name of the natural person who owns the P ZERO™ Experience Package (coinciding with the Buyer), who will drive the vehicle at the Circuit, the day of the Event, the number of people and names accompanying the Buyer, if any, and the model and licence plate of the vehicle authorised to access the track (hereinafter, the “Pass”).

5.2. To be able to use the P ZERO™ Experience Package, the Buyer must show the Pass at the entry to the Circuit on the day of the Event, and comply with the provisions of clauses 2.5 and 2.6 of these Conditions.

5.3 If the Buyer is absent on the day of the Event, the right to use the P ZERO™ Experience Package will be lost, without possibility of reimbursement.

6. Prices

6.1. The price of the PZERO Experience Packages is as indicated on the Site at the time the Buyer sends the order. Prices include VAT (at 22%).

6.2 The prices of the PZERO Experience Packages do not include the costs of board and lodging, travel to and from the Circuit, or any costs not expressly specified.

6.3 The Buyer must pay the Seller the total price, as stated in the order and in the order confirmation sent by e-mail from the Seller to the Buyer.

7. Payments

7.1. Payment of the price of the PZERO Experience Packages purchased through the Site must be made at the same time the Seller sends the order confirmation to the Buyer. The Buyer expressly accepts that execution of the contract by the Seller will only start after the price of the P ZERO™ Experience Package purchased is credited to the current account of the Seller.

7.2. Payment must be made by credit card, at the conditions described below.

7.3. During the payment procedure, the Buyer will be transferred on a protected site to the operator that provides acquiring services for the Seller. The data transmitted will be sent in protected mode, by encrypting the information with a 128 bit or higher SSL (SecureSocketLayer) system. Not even the Seller can access this information.

7.4. The Seller will promptly transmit to the Buyer, in electronic format to the e-mail address provided by the latter, the tax receipt for the purchase made, or an electronic invoice, if requested.

8. Cancellation – Conditions for refund imbursement

8.1. Should the Event be cancelled due to force majeure (including any epidemic or pandemic) or organisational, safety, weather-related reasons, orders issued by authorities and/or any unavailability of the Circuit, the Buyer will not be entitled to any refund.

This clause does not affect the terms of clause 8.3 herebelow, specifically providing for a right of refund. 

8.2. Should the Buyer be prevented from participating to the Event due to order(s) issued by local or national authorities (by way of example bans or border closures), the Buyer will be entitled to choose between a full refund or a voucher to be used in one of any P ZERO™ events taking place in Europe by the end of 2021. Any other reimbursement is expressly excluded.

8.3 In the event that the Buyer wishes to cancel his/her participation in the P ZERO™ Experience Package, the Buyer’s entitlement to any refund will be as follows:

• - cancellation 30 days or more prior to the date of the P ZERO™ Experience Package: 100% refund
• - cancellation between 14 to 29 days prior to the date of the P ZERO™ Experience Package: 50% refund
• - cancellation of 13 days or less prior to the date of the P ZERO™ Experience Package: no refund.

8.4. Cancellation has to be communicated by sending an e-mail to the Customer Service.

In case the Buyer is entitled to a refund, the Seller shall refund the relevant amount without undue delay and in any event no later than 14 days from the communication of cancellation. The Seller will make such refunds using the same means of payment used by the Buyer to purchase the P ZERO™ Experience Package. The effective time of the reimbursement depends on this payment circuits and the Seller is not responsible for the effective time of the reimbursement.

9. Exclusion of the withdrawal right – Exclusion of liability

9.1. The Buyer may not exercise the right of withdrawal pursuant to the combined provisions of article 49, subsection m), and article 59, subsection n), of legislative decree 206/2005 (hereinafter, the "Consumer Code").

9.2 The Seller has no liability for (i) non-receipt by the Buyer of the documentation on the PZERO Experience Package acquired, or due to (ii) non- or partial- utilisation of the PZERO Experience Package due to incorrect information provided by the Purchaser (for example, incorrect e-mail address, incorrect specification of the model and/or licence plate of the vehicle or information regarding the Buyer) or (iii) due to cancellation of the event to which the P ZERO™ Experience Package acquired pertains for reasons not imputable to the Seller.

10. Intellectual Property Rights

10.1. The Buyer acknowledges that he or she is aware that all trademarks, names and other distinctive signs, including - without limitation - the “PIRELLI” letters and logo trademark, the “P ZERO™” trademark as well as any images, photographs, written text or graphics used on the Site or relating to PZERO Experience Packages are and remain the exclusive property of Pirelli & C. S.p.A., Pirelli Tyre S.p.A. or their respective owners, as the case may be (jointly and severally, the “Owners”), with no rights arising on the part of the Buyer in relation to the same as a result of access to the Site and/or purchase of the PZERO Experience Packages.

10.2. Unless prior specific consent is granted in writing by the Owners, no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.

11. Personal data of the Buyer and protection of privacy

11.1. To be able to proceed to process the order and the conclude the contract based on these Conditions, some personal information of the Buyer will be requested through the Site, as indicated in Clauses 4.3 and 7. The Buyer acknowledges that the personal data he/she themselves provides for the purpose of the purchase will be collected and used for the uses indicated in the Seller's Privacy Policy.

11.2. The Buyer declares and guarantees that the data provided during the purchasing process are correct and true

11.3 For any other information relating to the processing of the personal data of the Buyer and the Companions, please refer to the Privacy Policy.

12. Security

12.1 Although the Seller has adopted measures to protect personal data against any loss, falsification, handling, and misuse by third parties, given the technical features and limitations on the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the Buyer on the Site, even after the Buyer has authenticated access (login), will not be accessible or viewable by unauthorized third parties.

12.2 With regard to credit card payments, the Seller adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

13. Applicable law, conciliation and jurisdiction

13.1 Each purchasing contract entered into between the Seller and the Buyer pursuant to these Conditions shall be governed by and construed in accordance with Italian Law and, in particular, for Consumers, in accordance with Italian Legislative Decree 6 September 2005 no. 2016 (the Italian Consumer Code), with specific reference to the provisions related to distance contracts and, also for the Professionals, in accordance with Italian Legislative Decree 9 April 2003 no. 70 regarding some aspects of the electronic commerce. In any case, the rights eventually attributed to the Consumers by mandatory provisions of aws, when applicable, are reserved.

13.2 In case of any disputes arising between the Seller and a Consumer, the Seller guarantees its participations to a friendly conciliation attempt which each Consumer may promote before “RisolviOnline”, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce, which consents to achieve a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe manner on the web. For further information concerning the “RisolviOnline” regulation or in order to send a conciliation request, please visit www.risolvionline.com. 13.3 As an alternative to the conciliation attempt referred to in the preceding Clause 12.2, the Consumer, in order to resolve any dispute arising between the latter and the Seller, might also access the European Online Dispute Resolution platform (the European ODR Platform). The European ODR Platform has been developed and is managed by the European Commission, in accordance with Directive no. 2013/11/EU and Regulation EU no. 524/2013, in order to facilitate an independent, impartial, transparent, efficient, rapid and just resolution of out-of-court disputes relating to contractual obligations arising out of online sale or service contracts between a consumer residing in the European Union and a professional established within the EU, through the intervention of an ADR (“Alternative Dispute Resolution”) body, to be selected from a list available thereof. For more details on the European Union ODR Platform or to start, through the latter, an ADR procedure relating to a purchasing contract entered into between the Seller and the Consumer please visit http://ec.europa.eu/odr. The Seller's electronic email address to be provided in the EU ODR Platform is the following: pirellityre.pecri@pec.pirelli.it.

13.4 In the event that the Consumer or the Seller does not adhere to one of the conciliation attempts referred to in clauses 12.2 or 12.3 above or such attempt has a negative outcome, the dispute shall be deferred to the jurisdiction of the Court where the Consumer has his or her residence or domicile.

13.5 In case of disputes arising between the Seller and a Professional, the same shall be deferred to the exclusive jurisdiction of the Courts of Bologna.

13.6 This English translation is made only in order to facilitate the understanding of this Terms and Conditions. In the event of any discrepancy between the Italian version and this English translation, the Italian version shall always prevail.

1. Subject matter

1.1. These General Terms and Conditions (hereinafter "GTCs") apply to the purchase of the "P ZERO™ Experience Package" (hereinafter "P ZERO™ Experience Package") via the website https://pzeroexperience.pirelli.com/en-ww/circuit/hockenheimring  (hereinafter "Website") by "Consumer" and "Trader" within the meaning of the following section 1.2, which entitles the buyer (as defined below) to take part in a track day on the circuit of the Hockenheimring (hereinafter "Circuit") with their own car, which has the characteristics specified on the Website. Dates and relevant information available for the use of the P ZERO™ Experience Package are published on the Website.

1.2. Each P ZERO™ Experience Package is sold by Pirelli Deutschland GmbH with its registered office at Höchster Straße 48-60, 64747 Breuberg/Odw., Germany Commercial register HRB 71623, value added tax DE111607952, (hereinafter "PIRELLI"). The parties involved in the purchase of the P ZERO™ Experience Package are PIRELLI as seller (hereinafter referred to as the "Seller") and those parties for whom the purchase of the P ZERO™ Experience Package does not form part of the operations of its company in accordance with Section 1 of the German Consumer Protection Act (hereinafter referred to as the "Consumer") or for which the purchase does form part of the operations of its company (hereinafter referred to as the "Trader") as buyer (consumers and entrepreneurs are individually referred to as the "Buyer" and collectively as the "Buyers"). The Seller and the Buyer shall, where applicable, be collectively referred to as the "Parties".

In accordance with these GTCs, the Buyer is the registered owner of the P ZERO™ Experience Package, who – as indicated during registration/the purchase process - will be the person who will drive the car on the Circuit.

1.3. Any contact by the Buyer in connection with and/or in relation to the purchase of the PZERO™ Experience Package, including, but not limited to, any notification, demand or enquiry regarding the purchase and/or delivery of the PZERO™ Experience Package, etc. shall be made to the addresses specified on the Website in accordance with the methods described therein or to the email address pzeroexperience.germany@pirelli.com (hereinafter referred to as "Customer Service").

1.4. All purchases are subject to the GTCs published on the Website at the time the Buyer places the order.

1.5. If one or more sales are made to a Trader, they are subject to these GTCs whereby and notwithstanding the provisions of the same:

• (a) any protections that mirror or satisfy mandatory statutory provisions in favour of Consumers shall not apply;
• (b) in the event of a dispute between the Seller and a Trader, sections 12.2 - 12.4 of the GTCs relating to disputes between the Seller and a consumer shall not apply.

1.6. By submitting the order, the Buyer agrees that the confirmation of the details of the order placed and these GTCs will be sent by email to the address provided when registering on the Website or during the purchase transaction.

1.7. Buyers must be at least 21 years of age and have sufficient legal capacity to purchase one or more P ZERO™ Experience Packages on the Website.

1.8 The Buyer shall bear all costs incurred in connection with the Website via the Internet, including all telephone costs incurred by the Buyer from its service provider, with the exception of telephone costs incurred when a Consumer contacts the Seller after concluding the contract and which are higher than the basic rate at its service provider.

2. Characteristics of the P ZERO™ Experience Package and important rules for accessing the Circuit

2.1. Each PZERO™ Experience Package is sold by the Seller with the characteristics described on the Website and in accordance with the terms and conditions published on the Website at the time the Buyer places the order, to the exclusion of any other terms and conditions.

2.2. The Seller reserves the right to amend these GTCs, in whole or in part, at any time and at its sole discretion, without notice to the users of the Website. All changes take effect on the day they are published on the Website and only apply to orders placed from this date.

2.3. The selling price of and/or characteristics of the PZERO™ Experience Package offered on the Website are subject to change without notice and therefore the Seller accepts no liability in the event of changes to the contents of the PZERO™ Experience Package and/or the programme. Such changes only apply to orders placed thereafter. The Buyer is always recommended to check the final purchase price before placing the order in accordance with section 3 (see below).

2.4. The Website is accessible to users from all over the world; however, the P ZERO™ Experience Package offered on the Website can only be purchased by users who request the provision of the services provided for in the P ZERO™ Experience Package in Austria.

2.5. Access to the Circuit after the purchase of the P ZERO™ Experience Package is only granted to Buyers (i) who are lawful owners or proprietors of the cars included in a list published by Pirelli and (ii) who have a valid driving license that has been issued for at least 36 (thirty six) months and who are not subject to a suspension or other penalty. No access to the Circuit itself will be granted to persons other than Buyers or vehicles not included in the list published by Pirelli and a pre-registered companion (see sections 2.6 and 4 below).

2.6. The Buyer/driver is granted access to the Circuit under the following conditions:
(i) He has read and unconditionally accepted the Driver's Approval, which can be viewed here;
(ii) He has read and unconditionally accepted the photo/video sharing, which can be viewed here;
(iii) He has read and unconditionally accepted the P ZERO™ Experience Regulations, which can be viewed here;
(iv) He has read, completed and unconditionally accepted and signed the COVID-19 self-declaration on the day of the P ZERO™ Experience on-site. Due to the constant changes in regulations as a result of the pandemic, the exact requirements of this self-declaration will only be established closer to the date of the P ZERO™ Experience. The Buyer will be informed by the Seller in advance of the P ZERO™ Experience about the content and any requirements (potentially the need for a negative test, etc.).

2.7. A companion is granted access to the Circuit under the following conditions:
(i) If the companion is a driver, which he may still decide on-site – but only to perform "test drives" or "hotlaps" with the carmaker's vehicles (but not with the Buyer's registered vehicle), if he (a) has a valid driver's licence that has been issued for at least 36 (thirty-six) months and is not subject to suspension or other penalty, and (b) is at least 21 years of age, the companion must read and unconditionally accept the Driver's Approval, which may be viewed here;
(ii) If the companion is not a driver, he must be at least 14 years of age (on the day of the P ZERO™ Experience) and another companion be present who is at least 18 years of age and is a legal guardian for the minor (parents are liable for their children on-site) in order to ensure that the minor is also looked after while the driver is driving;
(iii) He has, regardless of his age, read and unconditionally accepted the P ZERO™ Experience Regulations, which can be viewed here;
(iv) He has, regardless of his age, read and unconditionally accepted the photo/video sharing, which can be viewed here;
(v) He has, regardless of his age, fully completed and unconditionally accepted and signed the COVID-19 self-declaration on-site on the day of the P ZERO™ Experience. Due to the constant changes in regulations as a result of the pandemic, the exact requirements of this self-declaration will only be established closer to the date of the P ZERO™ Experience. The Buyer will be informed by the Seller in advance of the P ZERO™ Experience about the content and any requirements (potentially the need for a negative test, etc.).

2.8. With regard to the declarations referred to in the preceding paragraphs, these can only be recognised if a parent or legal guardian also signs the declaration. Access to the Circuit cannot be granted without the signature of a legal guardian.

3. Purchase of the P ZERO™ Experience Package – conclusion of each individual purchase contract

3.1. Any order submitted to the Seller by the Buyer via the Website constitutes a contractual offer and is subject to these GTCs, which form an integral part of the order and which the Buyer fully accepts without reservation by placing the order. Before proceeding with the purchase of the P ZERO™ Experience Package by placing an order with the Seller, the Buyer must carefully read, complete and fully accept the GTCs and the documents referred to in sections 2.5 (i) and 2.6-2.8 online, print a copy thereof by clicking on the "Print" function on his computer and save or retain a copy thereof for his own records. Companions who are not drivers can also fill in the documents on-site and sign them there. In this case, however, the above rules must be checked in advance by the Buyer so that the Buyer can ensure that their companions on-site also meet the necessary requirements.

3.2. Acceptance of the Buyer's order shall be effected by the Seller sending an order confirmation to the email address provided to the Seller prior to the confirmation of the purchase, which shall include a link to the text of these GTCs, the documents referred to in sections 2.5 (i) and 2.6, a summary of the order placed, including detailed price information, and a description of the P ZERO™ Experience Package ordered. The Buyer's order, the Seller's order confirmation and the GTCs applicable to the contractual relationship between the Parties shall be electronically stored by the Seller in its IT systems and the Buyer may request copies thereof by sending an email to Customer Services.

3.3. A contract for the purchase of the P ZERO™ Experience Package is concluded when the Seller sends the Buyer an email confirming acceptance of the order ("Order Confirmation").

4. Selection and purchase of the P ZERO™ Experience Package

4.1. The P ZERO™ Experience Package offered on the Website can be purchased by the Buyer by selecting the P ZERO™ Experience Package of interest and placing it in the virtual shopping cart. One (1) P ZERO™ Experience Package can be purchased per order. Every P ZERO™ Experience Package purchased must include the Buyer and optionally up to three companions (hereinafter referred to as "Companions") in accordance with the P ZERO™ Experience Regulations. The name of the Buyer cannot be changed after the purchase and no other person is entitled to drive the vehicle.

Before the Buyer can place an order, he must pre-register on the Pirelli websites intended for this purpose and provide the personal data required therein. The user then clicks on "anmelden" (register) and receives an email in which he clicks on "jetzt Anmeldung bestätigen” (confirm registration now). Clicking on the button in the email takes the Buyer to the landing page https://pzeroexperience.pirelli.com/en-ww/circuit/hockenheimring where he can select and purchase his P ZERO™ Experience Package.

4.2. Once the P ZERO™ Experience Package has been selected, the Buyer is requested to provide his personal data and, if applicable, the personal data of the companions in order to conclude the order and enable the contract to be concluded. The Buyer is shown a summary of the order to be processed, specifying in particular the day of the Event, the price, the name of the Buyer, the number and names of the companions, if applicable, as well as the model and registration number of the vehicle. The Buyer shall, after carefully reading these GTCs and the documents referred to in sections 2.5 (i) and 2.6, expressly accept them by ticking the appropriate boxes (checkboxes) on the Website. Finally, the Buyer will be asked to confirm his order by clicking on the "JETZT ZAHLEN" (pay now) button. The order is then finally sent to the Seller and triggers the consequences described in section 3.2 of these GTCs. For settlement and administrative purposes, the Seller reserves the right to verify the personal data provided by the Buyer. The purchase amount is debited when the Seller sends the order confirmation to the Buyer. The information provided by the Buyer when submitting the order will be used for invoicing.

5. Delivery and use of the P ZERO™ Experience Package

5.1. Upon completing the purchase process of the P ZERO™ Experience Package, the Buyer will receive a confirmation email at the address provided with the order number, the name of the natural person to whom the P ZERO™ Experience Package belongs (in accordance with the Buyer) and who will drive the vehicle on the Circuit, the date of the Event, if applicable the number and name of the companions and the model and licence plate number of the vehicle registered for the Circuit (hereinafter referred to as the "Pass").

5.2. In order to use the P ZERO™ Experience Package, the Buyer must present the Pass at the entrance to the Circuit on the day of the Event and comply with sections 2.5 and 2.6 of these GTCs.

5.3. Should the Buyer be absent on the day of the Event, the right to use the P ZERO™ Experience Package expires without the option of a refund.

6. Prices

6.1. The price of the P ZERO™ Experience Package corresponds to the price displayed on the Website at the time the Buyer places the order. Prices include value added tax (in the amount of 9%).

6.2. The prices of the P ZERO™ Experience Package do not include costs for accommodation and meals, travel to and from the Circuit or other costs not expressly stated.

6.3. The Buyer shall pay the Seller the full price as stated in the order and confirmed in the order confirmation sent by the Seller to the Buyer by email. In the event of a discrepancy between the price stated in the order and the price stated in the order confirmation, the price stated in the order shall apply.

7. Payments

7.1. Payment of the price of the P ZERO™ Experience Package purchased through the Website must be made at the same time as the Seller confirms the order to the Buyer. The Buyer expressly agrees that performance of the Contract by the Seller shall only commence after crediting the purchase price for the purchased P ZERO™ Experience Package to the Seller's current account.

7.2. Payment must be made by credit card under the conditions set out below.

7.3. During the payment process, the Buyer is forwarded to a protected website to the operator providing clearing services to the Seller. The transmitted data is sent in protected mode by encrypting the information with a 128-bit or higher SSL (SecureSocketLayer) system. Not even the Seller can access this information.

7.4. The Seller shall immediately send the Buyer the tax receipt for the purchase made or, on request, an electronic invoice in electronic form to the email address provided by the Buyer.

8. Cancellation - refund conditions

8.1. PIRELLI reserves the right to cancel the day on which the PZERO Experience takes place for organisational, safety or weather reasons, due to orders from authorities, or if the Circuit is no longer available and/or for reasons of force majeure (including an epidemic or pandemic). In this case, the Buyer is not entitled to a refund of the amount paid.

This clause does not affect the provisions of section 8.3, which in particular provide for a right of refund.

8.2. Should the Buyer be prevented from attending the Event due to orders from local or national authorities (e.g. bans or border closures), the Buyer is entitled to choose between a full refund or a voucher to take part in a P ZERO™ Experience that will be held in Europe during 2022. Any other refund is expressly excluded.

8.3. In the event that the Buyer wishes to cancel his taking part in the P ZERO™ Experience Package, the Buyer is entitled to a refund as follows:

• Cancellation 30 days or more before the date of the P ZERO™ Experience package: 100% refund
• Cancellation between 14 and 29 days before the date of the P ZERO™ Experience package: 50% refund
• Cancellation 13 days or less before the date of the P ZERO™ Experience package: no refund

8.4. Cancellation must be notified by sending an email to Customer Services.

If the Buyer is entitled to a refund, the Seller must refund the corresponding amount immediately and in any case no later than 14 days after notification of the cancellation. The Seller shall make such a refund using the same means of payment (credit card) as the Buyer used to purchase the P ZERO ™ Experience Package. The effective time of reimbursement depends on this payment cycle and the Seller is not responsible for the effective time of reimbursement.

9. Exclusion of the right of withdrawal – exclusion of liability

9.1. The Buyer has no right of withdrawal in accordance with section 18 (1) clause 10 of the German Remote and External Business Act.

9.2 The Seller is not liable for (i) the Buyer's failure to receive the P ZERO™ Experience Package documents for reasons not attributable to the Seller or its vicarious agents or for (ii) the non- or partial use of the P ZERO™ Experience Package due to incorrect information provided by the Buyer (for example, incorrect email address, incorrect model and/or license plate number of the vehicle or incorrect information concerning the Buyer) or (iii) the cancellation of the Event belonging to the P ZERO™ Experience Package for reasons not attributable to the Seller or its vicarious agents.

10. Intellectual property rights

10.1. The Buyer acknowledges that Pirelli & C. S.p.A., Pirelli Tyre S.p.A or, as the case may be, their respective owners (collectively and individually, the "Owners") have exclusive rights of use over all trademarks, names and other marks, including, but not limited to, the "PIRELLI" word and figurative mark, the "P ZERO™" brand, as well as any images, photos, written texts or graphics used on the Website or relating to the P ZERO™ Experience Package, without the Buyer having any rights in this regard from accessing the Website and/or purchasing the P ZERO™ Experience Package.

10.2. The Website's content may not be reproduced, transmitted, modified or used for any purpose, in whole or in part, by electronic or conventional means, without the prior express written consent of the Owners.

11. Buyer's personal data and privacy

11.1. In order to process the order and conclude the contract on the basis of these GTCs, some of the Buyer's personal data is requested via the Website, as specified in sections 4.2 and 7. The Buyer acknowledges that the personal data he has provided for the purpose of the purchase will be collected and used for the purposes stated in the Privacy Policy.

11.2. The Buyer represents and warrants that the data provided during the registration and purchase process is true and accurate.

11.3. Further information on how the Buyer's personal data is processed can be found in the Privacy Policy.

12. Safety

12.1. Although the Seller has taken measures to protect personal data from loss, falsification, handling and misuse by third parties, the Seller cannot guarantee that the information or data entered by the Buyer on the Website, even after the Buyer has authenticated access (login), will not be accessible or visible to unauthorised third parties due to the technical features and restrictions on the protection of electronic communication via the internet.

12.2. With regard to credit card payments, the Seller uses technical systems to ensure the highest level of reliability, security, protection and confidentiality when transferring information over the internet.

13. Applicable law, arbitration and jurisdiction

13.1. Any purchase agreement concluded between the Seller and the Buyer on the basis of these GTCs is subject to German law, and,
in particular for Consumers, in accordance with the German Consumer Protection Act, the provisions applicable to consumer contracts.

13.2. Sale and sale outside the premises with particular reference to the provisions on distance contracts and, also with regard to entrepreneurs, in accordance with the German E-commerce Act, which regulates some aspects of electronic commerce. In any case, the rights which may be attributed to Consumers through mandatory statutory provisions are reserved.

13.3. The Consumer can access the European Online Dispute Resolution Platform (European ODR Platform) to resolve disputes between himself and the Seller. The European ODR Platform has been developed and is managed by the European Commission in accordance with Directive 2013/11/EU and Regulation EU 524/2013 to facilitate an independent, impartial, transparent, efficient, fast and equitable resolution of out-of-court disputes relating to contractual obligations arising from online purchase or service contracts between a Consumer established in the EU and a Trader established in the EU through the involvement of an ADR body ("Alternative Dispute Resolution") to be selected from an available list of the same. For more details on the European Union's ODR platform or to initiate an ADR procedure in relation to a purchase agreement concluded between the Seller and the Consumer on the ODR platform, please visit http://ec.europa.eu/odr. The Seller's electronic email address which would need to be provided on the EU ODR platform is pzeroexperience.germany@pirelli.com.

13.5. In the event that the Consumer or Seller does not take part in any of the arbitration attempts referred to in the preceding sections 13.3 or such an attempt results in a negative outcome, the dispute shall fall within the jurisdiction of the court in whose jurisdiction the Consumer resides or at the discretion of the Consumer in whose jurisdiction the Seller has his registered office.

13.6. Disputes between the Seller and a Trader fall under the exclusive jurisdiction of the courts in Frankfurt am Main.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PLACE AN ORDER: THEY EXPLAIN THE BASIS UPON WHICH YOU WILL ENTER INTO A LEGALLY BINDING CONTRACT AND SET OUT EACH PARTY‘S OBLIGATIONS.

1. Subject

1.1. These general terms and conditions of sale (hereinafter these “Terms and Conditions”) shall apply to the purchase, by users falling within the definition of “Buyer”, pursuant to the following section 1.2, through the website https://pzeroexperience.pirelli.com/en-ww/circuits/thermalclub (hereinafter the “Site”) of a package named “P ZERO™ Experience” (hereinafter the "P ZERO™ Experience Package") which will entitle the Buyer (as defined below) to participate, at the Thermal Club Circuit (hereinafter the "Circuit") to a day on track (hereinafter the “Event”) with Buyer‘s own car having the characteristics indicated on the Site. The date available for the use of the P ZERO™ Experience Package and the relevant descriptions are published on the Site.

1.2. Each P ZERO™ Experience Package is sold by Pirelli Tire LLC, with headquarters at 100 Pirelli Drive, Rome GA 30161 (hereinafter "PIRELLI"). The parties involved in the purchase of the P ZERO™ Experience Package via the Site shall be PIRELLI, as seller (hereinafter the "Seller") and the party who purchases the P ZERO™ Experience Package for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereinafter the "Consumer"), or in relation to the profession, business, trade or craft conducted by that party (hereinafter the "Merchant") as the buyers (the Consumer and the Merchant shall individually be referred to as the “Buyer” and jointly as the “Buyers”). The Seller and the Buyer, as the case may be, shall be referred to jointly as the "Parties".
Pursuant to these Terms and Conditions, the Buyer is the registered owner of the P ZERO™ Experience Package, and will be the one who will drive the car – as indicated during the registration/purchase – at the Circuit.

1.3. Any communication by the Buyer, in connection with and/or in relation to the purchase of the P ZERO™ Experience Package, including, but not limited to, any notifications, claims or requests concerning the purchase and/or delivery of the P ZERO™ Experience Package, etc., shall be made to the addresses and in accordance with the procedures indicated on the Site or to the email address pzeroexperience.usa@pirelli.com (hereinafter the "Customer Service").

1.4. All purchases are regulated by these Terms and Conditions published on the Site at the time the order is submitted by the Buyer.

1.5. If one or more sales are made to a Merchant, the following shall not apply to Merchant:

• (a) terms and conditions that are in favor of the Consumer only;
• (b) provisions relating to disputes between the Seller and a Consumer.

1.6. Buyers must be aged 21 or older in order to make purchases of one or more P ZERO™ Experience Packages on the Site and have legal capacity.

1.7. The Buyer shall be responsible for any costs incurred to connect to the Site via the internet, including any costs incurred by the Buyer with their internet service provider.

2. P ZERO™ Experience Packages feature and important rules for the access to the Circuit

2.1. Each P ZERO™ Experiences Package is sold by the Seller with the features described on the Site and in accordance with the Terms and Conditions published on the Site, at the time the order is sent by the Buyer, with the exclusion of any other terms or conditions.

2.2. The Seller reserves the right to amend all or part of these Terms and Conditions and any other terms published on the Site, at any moment in time, and in Seller‘ss sole discretion without giving any notice to users of the Site. Any amendments shall become effective on the date on which they are published on the Site, but will only apply to orders placed from that date onwards.

2.3. Sales prices of the P ZERO™ Experience Package sold on the Site and/or the characteristics of the same, are subject to change without notice and, therefore, the Seller does not assume any responsibility in the event of changes in the contents of the P ZERO™ Experience Package and/or program variations. Such changes only apply to orders placed after the date of the contents change, provided that any changes to date or cancellation of the the P ZEROTM Experience Package events are subject to section 8. In any case, the Buyer is advised to check the final purchase price, before submitting he order, pursuant to section 3 below.

2.4. Users from all over the world can access this Site; however, the P ZERO™ Experience Package, available on the Site, can only be purchased by users who request the the P ZERO™ Experience Package for performance in the United States of America and otherwise met the requirements set forth in these Terms and Conditions and the P ZERO™ Experience Regulations.

2.5. The possibility of accessing the Circuit, following the purchase of a P ZERO™ Experience Package, will be allowed only to Buyers, and each Buyer represents that (i) Buyer is the legitimate owners or possessors of the cars selected by Buyer during their Order registration from the list published by PIRELLI on the Site and (ii) Buyer will have a valid driving license, issued for at least 36 (months) months prior to the relevant P ZERO™ Experience Package event and not subject to suspension or other sanctioning measures.
Access to the Circuit will not be allowed to people other than the Buyers (and their Companions) using the cars identified in their Order registration on the Site.

2.6. The access to the Circuit by each Buyer is subject to:
(i) the prior reading and acceptance, signature and delivery to Seller by the Buyer of the Drivers' waiver and releases which can be seen here (3) or provided at the Circuit;
(ii) the prior reading and acceptance signature and delivery by the Buyer of the P ZERO™ Experience Regulations, which can be seen here (4).

3. P ZERO™ Experience Package purchase procedure – Conclusion of each individual purchase contract

3.1. Each order submitted by the Buyer to the Seller via the Site has the value of a contractual proposal and is subject to these Terms and Conditions which form an integral part of the purchase order and which the Buyer, by placing the order, fully accepts without any reservation. Before proceeding with the purchase of the P ZERO™ Experience Package by placing an order with the Seller, the Buyer must carefully read and fully accept the Terms and Conditions, as well as the documents referenced under section 2.5 and section 2.6, and keep a copy of the same for their own records.

3.2. The Buyer's purchase order is accepted by the Seller with the dispatch to Buyer, at the e-mail address Buyer provided to the Seller before confirming the purchase, of an e-mail confirming the order, which will contain a link to the text of these Terms and Conditions, the documents referenced under section 2.5 and section 2.6, a summary of the order placed, including detailed price information, and a description of the P ZERO™ Experience Package ordered. The Buyer's order, Seller's confirmation of the Order, and the Terms and Conditions applicable to the relationship between the Parties, will be archived electronically by the Seller in its IT systems, and the Buyer may request copies by sending an e-mail to ptna.credit@pirelli.com.

3.3. A binding contract for the purchase of the P ZERO™ Experience Package is made effective when the Seller sends an e-mail to the Buyer confirming that the order has been accepted ("Order Confirmation").

4. Selection procedure and purchasing of the P ZERO™ Experience Packages

4.1. The P ZEROTM Experience Package presented on the Site may be purchased by the Buyer's selection of the P ZEROTM Experience Package of interest, and its placement in the virtual shopping cart. One (1) P ZEROTM Experience Package may be purchased with each order. Each P ZEROTM Experience Package purchased must mandatorily include the Buyer, and, optionally, up to 3 accompanying persons (hereinafter referred to as “Companion(s)”), in compliance with the P ZERO™ Experience Regulations (5)
The name of the Buyer cannot be changed after the purchase and no other person will be permitted to drive the vehicle.

4.2. After having selected the P ZERO™ Experience Package, the Buyer will be invited to provide Buyer’s personal data, as well as personal data of the Companions, if any, in order to complete the order and enable the contract to be finalized. The Buyer will see a summary of the order to be processed, indicating, specifically, the day of the Event, the price, the name of the Buyer, the number and name of the Companions, if any, and the model and licence plate of the vehicle: after having read them carefully, the Buyer must then expressly approve these Terms and Conditions and the documents referenced under section 2.5 and section 2.6, by checking the appropriate boxes (check-box) on the Site and finally the Buyer will be asked to confirm Buyer‘s order by clicking the "PAY NOW” button. The order will then be final and sent to the Seller and will produce the effects described in the above section 3.2 of these Terms and Conditions. For accounting and administration purposes, the Seller reserves the right to check the personal information provided by the Buyer. The amount of the purchase will be debited when the Seller sends the order confirmation to the Buyer. The information provided by the Buyer at the time the order is transmitted will be used for invoicing.

5. Delivery and use of the P ZERO™ Experience Package

5.1. Upon conclusion of the P ZERO™ Experience Package purchase procedure, the Buyer will receive an Order Confirmation e-mail, at the address Buyer has indicated, with the purchase order number, the name of the natural person who owns the P ZERO™ Experience Package (which must be the Buyer and who will drive the vehicle at the Circuit), the day of the Event, the number and names of Companions, if any, and the model and licence plate of the vehicle authorized to access the Circuit (hereinafter, the “Pass”).

5.2. To be able to use the P ZERO™ Experience Package, the Buyer and Companions must show the Pass at the entry to the Circuit on the day of the Event, and comply with the provisions of sections 2.5 and 2.6 of these Terms and Conditions.

5.3. If the Buyer is absent on the day of the Event, the right to use the P ZERO™ Experience Package will be lost, without possibility of reimbursement, as set forth in section 8 below.

6. Prices

6.1. The price of the P ZERO™ Experience Packages and any applicable taxes are as indicated on the Site at the time the Buyer places the order. Final amounts to be paid include any applicable taxes.

6.2 The prices of the P ZERO™ Experience Packages do not include the costs of board and lodging, travel to and from the Circuit, or any costs not expressly specified.

6.3. The Buyer must pay the Seller the total price, as stated in the order and confirmed in the Order Confirmation sent by e-mail from the Seller to the Buyer. In the event of a discrepancy between the price stated in the order and the price stated in the Order Confirmation, the price stated in the order shall prevail.

7. Payments

7.1. Payment of the price of the P ZERO™ Experience Package purchased through the Site must be made at the same time the Seller confirms the order to the Buyer. The Buyer expressly accepts that performance of the contract by the Seller will only start after the price of the P ZERO™ Experience Package purchased is credited to the account of the Seller and all procedures set forth herein for Buyer to complete for the purchase of the P ZERO™ Experience Package have been completed. Payment of the price of the P ZERO™ Experience Package alone does not entitle any person to attend the Event or exercise any of the rights to which a Buyer is entitled hereunder upon completion of all procedures set forth herein.

7.2. Payment must be made either by (i) credit card directly by Buyer or through Buyer’s submission of a credit card authorization form to Seller or (ii) by Buyer’s submission of a Coupon Code evidencing payment of registration and any applicable fees by a third party, under the terms and conditions described below.

7.3. During the credit card payment procedure, the Buyer will be transferred onto a protected site to the operator that provides acquiring services for the Seller. The data transmitted will be sent in protected mode, by encrypting the information with a 128-bit or higher SSL (SecureSocketLayer) system. Other than credit card authorization forms submitted to Seller, Seller cannot access this information.

7.4. The Seller will promptly transmit to the Buyer, in electronic format to the e-mail address provided by the latter, the receipt for the purchase made, or an electronic invoice, if requested at ptna.credit@pirelli.com.

8. Cancellation – No refund for Force Majeure event

8.1. Should the Event be cancelled or the Buyer prevented from participating in the Event due to circumstances beyond Seller’s control, including but not limited to order(s) issued by local or national authorities related to epidemic, pandemic, organizational, safety, weather-related reasons, and/or any unavailability of the Circuit, the Buyer will not be entitled to any refund but may opt for a voucher as set forth in Section 8.2 below. 

8.2. Should any of the circumstances set forth in 8.1 above occur, the Buyer may, within 30 days of the date the Event was scheduled to start, send an email with the reference line VOUCHER and their first and last name to pzeroexperience.usa@pirelli.com to request a voucher for entry to attend a future P ZERO™ Experience Package Event within the United States that is held within 24 months of the originally scheduled P ZERO™ Experience Package Event date. If the Buyer requests a voucher set forth herein, Buyer may cancel its participation in the rescheduled P ZERO™ Experience Package Event pursuant to Section 8.3 below with respect to the new Event date.

8.3. If the Buyer wishes to cancel its participation in the P ZERO™ Experience Package Event for reasons other than as set forth in Section 8.1, the Buyer must send an e-mail with the reference line CANCELLATION and their first and last name to pzeroexperience.usa@pirelli.com. Entitlement to any refund of the purchase price of the P ZERO™ Experience Package and the amount of any application refund will subject to receipt by Seller of the e-mail set forth in this Section 8.3 by 11:59 pm Eastern Standard Time as follows:

• • request for cancellation 30 days or more prior to the start date of the P ZERO™ Experience Event: 100% refund of the purchase price of the P ZERO™ Experience Package;;
• • request for cancellation between 14 and 29 days prior to the start date of the P ZERO™ Experience Event: 50% refund of the purchase price of the P ZERO™ Experience Package;
• • request for cancellation 13 days or less prior to the start date of the P ZERO™ Experience Event: no refund.

8.4. Refunds requested after the Event has been cancelled shall not be valid. If the Buyer is entitled to a refund of the purchase price of the P ZERO™ Experience Package, the Seller shall refund the relevant amount within 30 days from the communication of cancellation. The Seller will make such refunds using the same means of payment used by the Buyer to purchase the P ZERO™ Experience Package, provided that payments made with a Coupon Code will not be refunded to Buyer. The effective time of the reimbursement depends on the payment cycle of the payment service; Seller is not responsible for the effective time of the reimbursement.

8.5. Seller is not responsible for any costs, fees, expenses or liabilities incurred by the Buyer for any travel, lodging or other costs associated with travel to or attendance at the P ZERO™ Experience Event, whether associated with their initial purchase of the P ZERO™ Experience Package or in relation to cancellation or rescheduling of Buyer’s attendance through the use of a voucher as set forth in Section 8.2 above.

9. Exclusion of the withdrawal right – Exclusion of liability

9.1 The Seller has no liability due to (i) non-receipt by the Buyer of the documentation on the P ZERO™ Experience Package acquired due to reasons not imputable to the Seller or its agents or (ii) non- or partial utilzation of the P ZERO™ Experience Package due to incorrect information provided by the Buyer (including, but not limited to, incorrect e-mail address, incorrect specification of the model and/or licence plate of the vehicle or information regarding the Buyer or Companions or regarding Driver’s license) or (iii) cancellation of the Event for reasons not imputable to the Seller or its agents.

10. Intellectual Property Rights

10.1. The Buyer acknowledges that it is aware that all trademarks, names and other distinctive signs, including - without limitation - the “PIRELLI” letters and logo trademark, the “P ZERO™” trademark as well as any names, images, photographs, written text or graphics used on the Site or relating to P ZERO™ Experience Package are and remain the exclusive property of Pirelli & C. S.p.A., Pirelli Tyre S.p.A. or their respective owners, as the case may be (jointly and severally, the “Owners”), with no rights arising on the part of the Buyer in relation to the same as a result of access to the Site and/or purchase of the P ZERO™ Experience Package.

10.2. Unless prior specific consent is granted in writing by the Owners, no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.

11. Personal data of the Buyer and protection of privacy

11.1. To be able to proceed to process the order and to enter into the contract based on these Terms and Conditions, the Buyer is required to provide certain personal information of the Buyer through the Site, as indicated in sections 4.2., 7 and 8. The Buyer acknowledges that the personal data Buyer provides for the purpose of the purchase will be collected and used for the purposes indicated in the Privacy Policy (7).

11.2. The Buyer hereby declares and guarantees that the data provided during the registration and purchasing process is truthful, complete and accurate.

11.3. For any further information on how the personal data of the Buyer are processed, please refer to the Privacy Policy (8).

12. Security

12.1. Although the Seller has adopted measures to protect personal data against any loss, falsification, handling, and misuse by third parties, given the technical features and limitations on the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed or provided by the Buyer on the Site, even after the Buyer has authenticated access (login), will not be accessible or viewable by unauthorized third parties.

12.2. With regard to credit card payments, the Seller directly and through its agents adopts technological systems consistent with customary industry practices with respect to levels of reliability, security, protection and confidentiality in the transmission of information via the internet.

13. Applicable law and dispute resolution

13.1 These Terms and Conditions supersede any other agreement between Buyer and Seller to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Manhattan, New York, New York. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same terms and conditions as other business documents and records originally generated and maintained in printed form. WHERE PERMITTED UNDER APPLICABLE LAW, BUYER AND THE SELLER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE SUBJECT MATTER HEREOF IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY PARTICIPATING IN P ZERO™ EXPERIENCE PACKAGE YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE AGAINST THE SELLER.