Terms and conditions
ART. 1 PREMISES
These general conditions of sale apply to all purchases of services offered which will be made through the apriliaallstars.it e-commerce site (hereinafter the " Site ") by users classified as "consumers" pursuant to article 2, or by any natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. The Site, owned by Piaggio & C. SpA , an Italian company with registered office in Viale Rinaldo Piaggio, 25 56025 Pontedera (PI) , VAT number 01551260506 and registration number in the REA company register of Pisa 124077 (the " Owner "), is managed by Glint Company Srl with registered office in Milan, Viale Cassala 30, 20143, Italy, tax code and VAT number 11198260967 in the Milan Company Register 2586890 (" Glint "). Glint is responsible for the sale, payment processing, refunds and billing for the Services offered through the Site. Purchases of Services made through the Site will involve (collectively referred to as the “ Parties ”) Glint, as the seller (the “ Seller "), and the consumer (the " Buyer ") who proceeds with the purchase of one or more services offered for purposes, therefore, not related to his commercial, entrepreneurial, artisanal or professional activity.- a) the buyer will not have the right of withdrawal pursuant to article 11;
- b) the buyer will not be entitled to guarantees on the Services listed in article 12 or any other legal guarantee;
- c) the buyer will not be granted any other guarantees in favor of the consumer provided by the
Art 2. DEFINITIONS
Buyer: indicates the consumer, or user, a natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (art. 3, letter a, Consumer Code ).
Consumer Code: indicates the reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the " Consumer Code ").
Compliance with the Contract All those goods comply with the Contract in relation to which the following circumstances coexist, if relevant: i) they are suitable for the use for which goods of the same type are usually used; ii) conform to the description made and possess the qualities of the goods presented as a sample or model; iii) present the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or by its agent or representative, in particular in advertising or labelling; iv) are also suitable for the particular use desired by the Buyer and brought to the attention of the Seller at the time of conclusion of the Contract and which the Seller himself has also accepted for conclusive facts (art. 129, paragraph 2, Consumer Code )
Electronic commerce contract: indicates the contract for the sale of goods or provision of services on the basis of which the Seller , or his intermediary, offers goods or services through a website , or other electronic means, and the Buyer (consumer), carries out the order of such goods or services on such website , or by other electronic means organized by the Seller .
Services contract : means any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price thereof.
Sales contract : means any contract according to which the Seller transfers, or undertakes to transfer, ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price.
Event : means the event, show or performance where the Buyer has the right to benefit from/use the purchased Service.
Location of the Event : indicates the set of buildings and lands that constitute the places where a specific Event takes place
Organizer : indicates the organizer of the Event, in the name and on behalf of which Glint acts, whose identification details are reported in the introduction as well as on the Event page of the Site
Service : indicates any service or provision that can be purchased on the apriliaallstars.it website
Seller : indicates the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary (art. 3, letter c, Consumer Code ).
- SALE OF SERVICES PROMOTED ONLINE
3.1 With the Contract the Seller sells to the Buyer, who purchases, via electronic means, the Services offered on the Site to be used during the Event
3.2 The apriliaallstars.it website presents the catalog of online promoted services referred to in the art. 3.1 from the Seller ..
3.3 The Seller is not able to guarantee a timely and exact correspondence between the real consistency of the Services promoted online and the relative representation on the Buyer 's monitor . In the event of discrepancies between the image of the goods visible online and the relevant information sheet, drawn up in writing, only the latter will prevail.
3.4 The applicable conditions are those in force on the date of transmission of the purchase order for Services. Before proceeding with the conclusion of the Contract, the user is required to carefully read all the information provided on the Site, both before and during the purchase procedure, and to examine and approve these conditions, by selecting the appropriate box made available to the the user during the purchase procedure and before the conclusion of the Contract .
- ONLINE CATALOG UPDATE - AVAILABILITY OF SERVICES
4.1 The Seller ensures, through its IT system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sales . The Seller 's electronic catalog indicates in real time the available and unavailable Services. The Seller confirms the registration of the order as soon as possible by forwarding the specific confirmation (so-called Order Receipt) to the Buyer by email.
4.2 If an order exceeds availability, or for other reasons it is not possible to process it, it is the Seller 's responsibility to promptly inform the Buyer of the unavailability of the Service in question and, if possible, the waiting times to obtain it, asking again for confirmation of the the order according to the different timescales indicated by the Seller . This communication will take place via e-mail or telephone.
- DESCRIPTION OF THE TECHNICAL PHASES NECESSARY TO CONCLUDE THE CONTRACT
5.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Glint informs the user that: 1. to conclude the contract for the purchase of Services on the Site, the user must complete an order form in electronic format and send it to Glint, electronically , following the instructions below.
5.2 The Contract between Seller and Buyer will be concluded exclusively online . Once accessed the e-Shop , the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of the Services by filling in the forms prepared by the Seller . If intending to purchase online , the Buyer must duly select the desired Services, one at a time, placing them in the cart configured by the Seller . Once the desired Services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired references to the Seller . Before forwarding, a form will be displayed to confirm the purchase order for the selected Services, with an indication of the relative prices, as well as the options given to the Buyer , who will be responsible for identifying the payment methods for the execution of the Contract . By confirming the order, the Buyer undertakes to check and validate, before sending, his personal data, the Services covered by the Contract , their prices, with any additional costs and/or charges, confirming the methods and terms of chosen payment, the delivery email address, as well as any other data requested. The format of the order confirmation instructs the Buyer in advance about the execution times of the Contract , drawing attention to the right of withdrawal, as well as the other rights reserved by law to the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button - present at the bottom of the web page - by clicking on the " Confirm purchase order with obligation to pay " box , thus forwarding the order to the Seller .
5.3 The online publication of the Services via the Site constitutes a simple invitation to offer so that the Buyer can formulate a purchase proposal ; in this sense the Buyer 's order , previously confirmed by the Buyer, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale , which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be acknowledged by the Seller with receipt to the Buyer 's email address for the sole purpose of confirming its receipt in the Seller 's computer system , which will thus begin to process the order , verifying the data provided by the Buyer , such as the availability of what is requested. The Seller 's receipt does not constitute acceptance of the purchase proposal. This receipt - with attached " Order Number " to be used in any communication with the Seller - presents, in addition to the information required by law , all the above data, which the Buyer will verify again by promptly communicating to the Seller any possible correction of the case. If the incorrect indication of prices or other characteristics of the Services promoted online is found , such as their unavailability, the Seller will promptly notify the Buyer, inviting him to carry out - if still interested - rectification of the order, or prior cancellation of the previous order, new order, according to the methods that will be promptly communicated.
5.4 The Seller has the right to accept, or not, the order sent by the Buyer , without the latter being able to advance rights and/or claims of any kind, for any reason, including compensation, for non-acceptance of the order itself. The Contract will be concluded only when a separate email (or message in the communications center on the Site or equivalent) accepting the purchase proposal is sent.
5.5 As regards the purchase of Services, which do not require shipping, Glint will send the Purchaser, to the e-mail address indicated, the order confirmation containing: a summary of the general and specific conditions applicable to the Contract , the essential information relating to the Service purchased, a detailed indication of the price, the means of payment used, any additional costs, as well as information relating to the Customer Service contacts to which the user can contact to request assistance and/or submit complaints. The order confirmation email constitutes confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, Consumer Code; the Buyer acknowledges and recognizes that, having sent this email, Glint has fulfilled the documentation obligations incumbent on it and that, therefore, the Buyer is bound to the Contract and is, in particular, required to pay the price of the Services plus any Service fees and/or additional costs (“ Total Amount ”), regardless of receipt of the order confirmation email, which depends on third parties and/or factors that are outside the sphere of control of Glint (e.g. email provider used by the user).
5.6 The Contract will not be concluded, remaining void of any effect, if the procedure referred to in this article is not punctually respected.
5.7 The Contract is decisively conditional on non-payment of the Total Amount. In the event that such payment does not occur, the contract will therefore be considered legally terminated. The user will be immediately notified of this resolution and the consequent cancellation of the order immediately after the order has been sent via the Site.
5.8 For any errors, typos or problems in filling in the online formats and, more generally, in carrying out the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the contact details set out in art. . 16.
- PAYMENT OF THE PRICE, TAXES AND ANY ACCESSORY CHARGES
6.1 The Buyer undertakes to pay the requested price for the Services purchased online , according to the times and methods indicated on the Site.
6.2 The prices of the Services promoted through the Site, like any other charge/expense inherent to the invitation to offer , are expressed in Euros.
6.3 Prices include VAT and all other taxes. Any shipping costs, as well as any additional charges, such as customs clearance , if present, although not included in the sales price, will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation , and promptly specified in the order summary ( order receipt ).
- METHOD, TIMELINES AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for the Services purchased online will take place according to the methods chosen by the Buyer, among those expressly permitted by the Seller and promptly specified in the section of the Site . The use of the aforementioned payment methods does not entail any additional burden for the Buyer , without prejudice to any costs borne by the Seller , promptly proven and communicated to the Buyer .
7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer , and, in the event of his withdrawal, within a maximum of 14 days. (fourteen days) from when the Seller received formal notification of the withdrawal. The Seller may, however, postpone the reimbursement until receipt of the goods, or, in any case, until the Buyer has provided adequate proof of having sent it back.
7.3 All communications relating to payments take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
7.4 In order to guarantee the security of payments made on the Site and prevent any fraud, Glint reserves the right to ask the user, via e-mail, to send, via the same means, a front/back copy of their credit card. identity and in the event that the holder of the order is different from the holder of the card, the latter's identity card. The document must be valid. The deadline within which the document must reach Glint will be specified in the request email. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
7.5 In the event that Glint does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, Glint will have the right to terminate the Contract pursuant to and for the purposes of art. 1456 cc, and consequently to cancel the order, without prejudice to Glint's right to compensation for any damage it may incur due to the user's non-compliant behavior. The termination of the Contract , of which the user will be notified by e-mail, no later than 5 working days from the deadline for sending the documents requested by Glint, will result in the cancellation of the order with consequent reimbursement of the Amount Total, if paid, by crediting the same means of payment used and without prejudice, in any case, to Glint's right to compensation for damages.
- DELIVERY METHODS AND TIMES.
8.1 The delivery of the documentation proving the Services purchased on the Site will be carried out via digital ticket with a QR code, to be shown during the Event in order to access the purchased Services.
8.4 The access control system authorizes the use of only 1 Service equivalent to 1 single QR code. Any copies and/or fraud resulting from improper use of the same will be punishable by law and not attributable to Glint or the Organizer. The Organizer will not allow the use of any duplicate Services under any circumstances.
- CONSERVATION/ARCHIVING METHODS OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to art. 12 Legislative Decree. 70/2003, as well as articles. 50-51 Consumer Code , the Buyer is informed that each order sent online will be stored and archived in digital and/or paper format by the Seller , according to adequate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the contact details set out in the art. 16.
- USE OF THE SERVICES AND EVENTS
10.1 The Organizer has the right to refuse access to the Event Location due to irregularities in the document proving the Service and to carry out checks on the person for security reasons.
10.2 Glint may at any time cancel, at the request of the Organizer and/or the authorities responsible for the protection of public order and safety, for technical and/or organizational reasons, a Service already issued. In this case, the Customer will be entitled to a refund of the Total Amount paid.
10.3 Glint, as a mere supplier of the Services, as well as a person acting in the name and on behalf of the Organizer in relation to the sale of the Services, is not, in any case, responsible for any postponement or cancellation of the Event by the Organizer . In the event of postponement or cancellation of the Event by the Organizer, Glint will communicate to the Buyer, in the name and on behalf of the Organizer, the initiatives taken by the Organizer in relation to the reimbursement or replacement of the Services relating to the postponed Event or cancelled.
10.4 Without prejudice to the provisions of the previous point, in the event of cancellation or postponement of the Event by the Organizer, under no circumstances may the Buyer ask Glint for reimbursement of the Service Commissions and/or Delivery costs, being these amounts remunerative of the provision already made by Glint and independent of the subsequent provision by the Organizer of the service relating to the Event.
10.5 In the event of cancellation of the Event, Glint will provide a refund to the Buyer, according to the methods and timing decided by the Organizer, only in the case in which it has been specifically delegated to make such refund and to the extent in which it has received from the latter the necessary supply.
10.6 In particular, where the Organizer delegates Glint to proceed with the refund operations, it will provide on its online channels the information relating to the procedure aimed at formulating the refund request. In order for the request to be accepted and the refund to be paid, the indicated procedure must be correctly carried out by the Buyer within the timescales identified by the Organiser.
10.7 The refund will be made by crediting via bank transfer made to the current account indicated by the Buyer.
10.8 The Services relating to the canceled Events cannot be exchanged with similar Services relating to other Events.
10.9 Any listing on the website of the names of the sportspeople participating in the Event must in any case be considered to be made on an indicative basis, and therefore where one or more sportspeople scheduled as participants does not take part in the Event or is replaced, such failure to participate or replace in any way case may be considered as cancellation of the Event, unless the Event itself is canceled by the Organizer as a whole.
- EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
Glint informs the Buyer that - since the Contract has as its object the provision of services relating to free time that the Organizer undertakes to provide on a specific date - the Contract , pursuant to art. 59, I paragraph, letter. n) of the Consumer Code, the right of withdrawal provided for by the art. does not apply. 52 of the Consumer Code. The Buyer will therefore not be able to exercise this right in relation to the purchase of the Services.
- GUARANTEE OF CONFORMITY, COMPLAINT AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES
12.1 Without prejudice to the provisions of the preceding articles, in all cases of discrepancy between the Services and those purchased, the Buyer may contact Glint at the contact details set out in the art. 16 below. Glint will respond to the request at the latest within 15 working days of receiving it and, in any case, in good time to allow the Buyer to benefit from the purchased Service.
12.2 If the Seller is required to refund the price paid to the Buyer , in whole or in part, the refund will be made, where possible, using the same means of payment used by the Buyer when purchasing the goods, or, alternatively, by bank transfer. It will be the Buyer 's responsibility to communicate to the Seller , already at the time of the complaint/request, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the sum due.
- NON-ATTAINABLE DEFAULTS - UNAUTHORIZED PAYMENTS
13.1 The Seller is not responsible for failure or delayed execution of the Contract if this depends on disservices attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller .
13.2 The Seller assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct, even through slight negligence, of the Buyer with respect to the obligations of custody and promptly inform the issuer of the aforementioned means of payment.
- SPECIFIC HYPOTHESES FOR AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The timely payment of goods purchased online, pursuant to Art. 6.1 of these General Online Sales Conditions , such as the payment of any further charges and/or commitments referred to in Art. 6.3, are essential obligations of the Contract .
14.2 Unless justified by fortuitous circumstances or force majeure, failure to fulfill the aforementioned obligations will result in the legal termination of the Contract pursuant to art. 1456 cod. civil
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO THE SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer 's personal data , guaranteeing full compliance of their processing with the relevant legislation and, in this case, with Regulation 679/2016 as well as with the relevant national regulations ( Privacy Code , as last amended by Legislative Decree. 101/2018).
15.2 For details, please refer to the Privacy Policy and Cookies Policy on the site; we hereby inform you that the personal data provided by the user, acquired through navigation on the Site , will be collected and processed in electronic/IT form, and if necessary on paper, with the following main purposes: i) register the order ; ii) execution of the Contract and related communications; iii) fulfill legal obligations; iv) manage commercial relationships to better carry out the requested services.
- CONTACTS OF THE SELLER AND THE BUYER
16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer, will only be valid if sent via email to the following address _________ _, or to the following certified email address (PEC) _______
16.2 The Buyer indicates, when registering on the Site or in the order confirmation form , his residence or domicile, the relevant telephone numbers and the e-mail address to which communications will be sent by the Seller .
- AVAILABLE LANGUAGES AND SUB-NATIONAL USABILITY OF THE SITE
17.1 The Site and related services can be used in Italian.
17.2 These general online sales conditions are available in Italian. If translated into other languages, the only authentic version will be the one in Italian.
17.3 Accessible from computers , tablets , smartphones or other devices , wherever located, the Site promotes goods and/or services intended mainly for the national market. Orders coming from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the Seller/Manager 's headquarters . The Seller/Manager reserves the right, however, to suspend/terminate, with short notice and without any penalty, any promotion, marketing, sale or supply of goods and/or services through the Site , in the event of legal/legal obstacles. tax/customs, or, in any case, of an objective type (and not subjective connected only to the geolocation of the User ), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third countries.
18 OUT-OF-COURT ONLINE DISPUTE RESOLUTION
18.1 As per EU Regulation 524/2013, the Buyer is informed of the right to defer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to active bodies/companies/offices in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution ), through simple, rapid and economical web procedures (so-called ODR - Online Dispute Resolution ).
For any information on the aforementioned ODR procedures please visit the following site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
18.2 In any case, the rights of the Buyers (consumers) to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Online Sale or from the Contract, regardless of the outcome of the out-of-court settlement procedure as well as the possibility, where the conditions are met, to promote an extrajudicial resolution of disputes relating to consumer relations through the use of the procedures referred to in Part V, Title II-bis of the Consumer Code.
- COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT
19.1 The Contract is subject to Italian law. This is without prejudice to the application to Buyers (consumers) who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
19.2 Please remember that, in the case of a consumer Buyer, for any dispute relating to the application, execution and interpretation of these General Conditions of Online Sale or the Contract, the court of the place where the user resides or has elected domicile is competent.