GENERAL CONDITIONS OF SALE
- Adherence to the general conditions of sale
Before making any online purchase, through the procedure described below, we invite you to carefully read these general terms and conditions of sale (hereinafter referred to as the ‘GTC’), which are understood to be known and applied as of right, with the acceptance of the services and conclusion of the contract digitally.
The conclusion of the online sales contract, and therefore all the operations related and connected to the purchase of the services described and offered below, presuppose the understanding, acceptance and adherence to the GTCS set out below, in whatever form and manner of acceptance is expressed.
- Identification of the Seller and its eShop
These GTCS are applicable for all services available and as described below, as well as for each transaction managed through the website with the Domain marked https://palazzoutini.com/ (hereafter ‘the Website’) as well as regulating the offer and sale of hotel room reservation and catering services (‘Services’ for brevity) offered by the company ‘PALAZZO UTINI S.R.L.’, at its facilities located in – 43015 – Noceto (PR), Via Gramsci n. 6, VAT no.: 03059310346 and having the following PEC address: palazzoutini@pec.it (hereafter ‘Seller’).
- Definitions
For the purposes of these GTCS by way of example and not exhaustively, the following definitions are provided, which the Parties declare to know and accept:
o Customer: a natural or legal person registered as a user on the Site, or who intends to register, who has joined the purchase procedure via the Site in order to use the Services.
o E-Commerce Contract: means a sales contract under which the Seller, or its intermediary, offers goods or services through a website, or other electronic means, places an order for such goods or services on such website, or other electronic means organised by the Seller (Art. 4 EU Reg. 524/2013);
o Consumer or user: the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (Art. 3(I)(a) of the Consumer Code)
o Professional: the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary (art. 3, paragraph I, lett. c, of the Consumer Code).
- Services promoted online
According to these GTCs, the Seller sells and the Customer purchases, via telematic and digital procedures, the Services as offered, displayed and described on the ‘Website’ of which the Customer declares to know or be aware. The description of the Services is directly available and usable on the Website at this web page https://palazzoutini.com/.
In order to make purchases on the Website it is necessary to complete and finalise the procedure for the conclusion of the contract referred to in point 5 below, by entering the data and information requested from time to time. The contract of sale is concluded when the order reaches the Seller’s server.
The Customer undertakes to inform the Seller immediately if one suspects or becomes aware of any misuse or undue disclosure of any information entered by them on the Website.
The Customer guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, indemnity obligation and/or penalty arising from and/or in any way connected with the breach of this undertaking. The Customer undertakes to inform the Seller immediately if any misuse or improper disclosure of the Website access credentials is suspected or becomes known.
- Procedure for concluding the Contract
The contract between the Seller and the Customer shall be concluded exclusively online and in the following manner. After accessing the Website, the Customer shall follow the procedures/instructions indicated to formalise the purchase and thus the order.
Before confirming the order, a summary sheet will be displayed. The Customer must check that all data (product, price, shipping costs, additional charges, payment method, shipping and delivery) are correct and proceed with the order confirmation. Through the order confirmation, the Customer also undertakes to check and validate his personal data before sending it. The correct and timely communication of the Customer’s personal data is a necessary condition for the punctual execution of the Contract by the Seller who, failing this, cannot process the Customer’s order.
Following the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s data; (ii) characteristics of the Service purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) means of payment used. The order implies an obligation to pay. By confirming the order, the Customer accepts the obligation to pay as well as these GTC.
The computer system will notify the Customer in a short time that the order has been registered, forwarding specific confirmation by e-mail (order receipt).
The receipt does NOT constitute acceptance of the purchase proposal. The Seller has the right to accept or reject the order sent by the Customer, without the latter having any rights and/or claims of any kind, for any reason whatsoever, including compensation, for non-acceptance of the order. The Contract shall be concluded only when a separate email (or message in the communication centre on the Site) is sent accepting the purchase proposal, which shall also contain information regarding shipment and delivery date (shipment confirmation).
- Prices and payment terms
On the Website, prices are understood to include VAT.
The Seller reserves the right to change the price of the Services, at any time, without prior notice, it being understood that the price charged to you shall be the price indicated on the site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order shall not be taken into account.
All prices of the Services are in Euros and the applicable prices are those indicated on the Website at the time the contract is concluded.
- Methods of Payment
This article describes the payment methods accessible and admissible for a valid and effective conclusion of the Contract. This is without prejudice to the Customer’s right to define further and different commercial conditions with the Seller. Specifically, through the contract conclusion procedure provided on the Site, the Customer may purchase services exclusively by payment card or bank transfer.
If the payment is made by payment cards, the debit will be made only after (i) the data of the payment card used for the payment have been verified and (ii) the issuer of the payment card used by the Customer has issued the debit authorisation. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the Customer is informed that one may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the user’s identity (in order to meet this criterion, the user must be registered on the Website at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Website. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if one chooses to store such data on the Website, the data of the payment card used to pay for the Service.
The credit and/or debit cards possibly accepted on the Website are:
– VISA.
– MasterCard.
– Discover.
– JCB.
– American Express.
- Payment of Deposit and Cancellation of Reservations.
In order for the contract to be validly and effectively concluded, the Seller requires the advance payment of a deposit. The payment of the deposit shall be made at the time of conclusion of the contract and corresponds to the payment of 50 % of the price due, with payment of the balance no later than the date of entry or benefit of the Service.
This deposit shall be deemed a confirmation and, in the event of cancellation or default by the Client, the deposit shall be returned only in accordance with the following terms and conditions.
The cancellation of bookings and the consequent return of the Deposit is admissible under the following conditions:
For bookings relating to standard services offered by the Seller:
- free of charge if the cancellation of the booking takes place in a period of not less than 30 days prior to the date of stay;
- by paying a cancellation fee of 10% of the total amount due, if the cancellation occurs in a period of not less than 15 days prior to the date of stay;
- by paying a cancellation fee of 50% of the total amount due, if the cancellation is made in a period of less than 15 days prior to the date of stay.
For bookings relating to services on promotion offered by the Seller, the Client does not have the option of cancelling the booking and will be charged the full amount of the service.
- Applicable law
These GTCS are governed by Italian law and the Italian Civil Code. Therefore, for anything not expressly regulated in these GTCS, reference is made to the definitions and provisions set out in EU Regulation 524/2013 and Legislative Decree 206/2005 Consumer Code, where applicable and compatible with the mandatory and binding provisions of this contract.
- Non-attributable defaults
The Seller shall not be liable for non-performance or delayed performance of the services covered by these GTCs if this is due to inefficiency caused by force majeure or unforeseeable circumstances or in any case not attributable to the Seller’s gross negligence, except for the cases referred to in Article 1229 of the Italian Civil Code; consequently, no compensation shall be due to the Customer, who shall only be entitled to the full refund of the price and any additional charges requested and agreed.
In any case, the Customer shall not be entitled to claim damages in excess of the price of the Services requested.
- Out-of-Court Settlement of Disputes
If the Customer has submitted a complaint directly to the Seller, following which it has not been possible to settle the dispute in an amicable manner, the Parties undertake and obligation to undertake an out-of-court dispute resolution procedure, before the Alternative Dispute Resolution body or bodies identified in the European platform for online resolution of consumer disputes (c. so-called ODR platform), which can be consulted at the following address http://ec.europa.eu/consumers/odr. Through this platform, the Client will be able to consult the list of ADR bodies, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
Only if this alternative dispute resolution procedure is unsuccessful, the Client may bring an action.
- Jurisdiction
Any dispute that may arise regarding the interpretation, validity, effectiveness or execution of these GTC shall be settled exclusively by the Italian Jurisdiction and the Court of Parma shall have exclusive jurisdiction.