Conditions of Sale

GENERAL CONDITIONS OF SALE FOR SERVICES OFFERED BY THE GRAND TOUR ITALIA PARK ON THE SITE www.grandtouritalia.it

INDEX

1. DEFINITIONS 2
2. GENERAL PROVISIONS AND IDENTIFICATION 2
3. HOW TO CREATE AN ACCOUNT AND COMPLETE THE SALES CONTRACT 3
4. RESERVATIONS AND SERVICE PURCHASE VOUCHER 4
5. INTELLECTUAL PROPERTY OF GTISRL 4
6. PAYMENTS 5
7. ACCESS TO THE SERVICES 5
8. WITHDRAWAL 5
9. CUSTOMER ASSISTANCE 6
10. LIMITATION OF LIABILITY 6
11. PRIVACY 6
12. MODIFICATION AND UPDATE OF THE GENERAL CONDITIONS OF SALE 6
13. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION 7

1- DEFINITIONS

For the purposes of these General Conditions of Sale, the terms with a capital letter will have the meaning indicated below:
1.1 GSC: these General Conditions of Sale.
1.2 Consumer Code: Legislative Decree 6 September 2005, n. 206 and subsequent amendments and additions.
1.3 Sales Contract: means the contract stipulated between the User and GTI Srl concerning the purchase and sale of the Services by the User.
1.4 GTI or the Seller: means GTI Srl, VAT number and no. registration in the Company Register 03409851205, with registered office in Bologna, Via Paolo Canali n. 8, 40127, Economic Administrative Repertoire (REA) n. 517089, cap. soc. 1,000,000.00 euros, PEC [*].
1.5 Park: the exhibition venue within which the Services offered by GTI under the GRAND TOUR ITALIA brand are provided, i.e. in Bologna in via Paolo Canali n. 8.
1.6 Services: the various services offered by the Seller under the GRAND TOUR ITALIA brand, such as in particular tastings, cooking courses, multimedia exhibitions, tours, packages, various events, catering services, which can be booked and/or purchased on the Site.
1.7 User: the person who books and/or purchases one or more Services on the Site or in any case the person who browses the Site in order to purchase and/or book one or more Services.
1.8 Voucher or Access Ticket: the voucher for the purchase of the Services or the ticket or other document that legitimizes the User to use the Services purchased once they have accessed the Park.

2- GENERAL PROVISIONS AND IDENTIFICATION

2.1 The GCS regulate the offer and sale of the Services through the Site by GTI.
2.2 GTI carries out its business of selling the Services both towards Users who have the status of consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, both towards subjects who do not hold this capacity, provided that the latter are at least 18 years of age. In order to verify the existence of the minimum age required by law, GTI reserves the right to ask for the tax code or other identification document. If it turns out that the User who intends to forward to GTI a purchase order for one or more of the Services is under the age of 18, the latter will be prohibited from continuing with the purchase process and forwarding the order itself.
In any case, if for any reason, even of a technical nature, the purchase order should still be sent, it will be immediately resolved pursuant to art. 1456 cc, given its opposition to the GCS and/or current legislation. The User will be promptly informed via e-mail of the cancellation of the order and, where payment has already been made, GTI will refund the total amount due, consisting of the purchase price of the Service, shipping costs, if applied, and from any other additional costs, as indicated in the order form, with the methods and timing indicated in relation to the specific payment method used.
2.3 The offer and sale of Services through the Site constitutes a distance contract governed by Legislative Decree no. 9 April 2003. 70, containing the regulations on electronic commerce and, for Users who have the status of consumers, by the articles. 45 et seq. of the Consumer Code.
2.4 In order to purchase one or more of the Services offered on the Site it is necessary to first read, carefully examine and understand the GCS which are made available and downloadable at the following link . By sending the purchase order for the Service, the GCS are considered read, known and fully accepted by the User.
2.5 For anything not expressly regulated by the GCS, the provisions of the internal regulations adopted by GTI, which can be consulted on the Site, which include in particular the General Conditions of Use of the Site, the General Regulations of the Park, the Privacy Policy, apply. These regulations constitute an integral part of the Sales Contract concluded between GTI and the User and are considered accepted by the User at the time of sending the purchase order for the Service. GTI invites the User to regularly consult the General Conditions of Use of the Site, the General Conditions of Sale, the General Regulations of the Park, the Privacy Policy as they may be subject to changes and/or revisions over time.

3- HOW TO CREATE AN ACCOUNT AND COMPLETE THE SALES CONTRACT

3.1 The Services may be purchased directly online through the Site or through third-party partners who will be indicated on the Site itself. To purchase one or more Services it is necessary to register on the Site and create an account; these activities are both free.
3.2 To complete the registration and creation of the personal account it is necessary to fill in a specific form, entering your personal data as requested within the same form, as well as an email address and a password.
3.3 When creating the account, the User is prohibited from indicating personal data of third parties, false, invented, imaginary data, or in any case not corresponding to the truth. Therefore, the User guarantees that the personal data provided to GTI during the registration procedure on the Site or, at any other time and/or occasion of his relationship with GTI, are complete, truthful and refer to the User himself and undertakes to hold GTI harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the User of the provision referred to in this article.
3.4 The registration credentials (email address and password) allow the User to make reservations and/or purchases of the Services on the Site. They must, therefore, be kept with extreme care and attention. Furthermore, they can only be used by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them. The User also undertakes to immediately inform GTI by contacting it at the contact details indicated in the General Conditions of Use of the GTI Site in the event that he suspects or becomes aware of any improper use or disclosure thereof.
3.5 The publication of the Services displayed on the Site does not constitute a contractual proposal by the Seller, but an invitation to offer. The sending of the order by the User to the Seller, therefore, has the value of a contractual purchase proposal.
3.6 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, GTI informs the User that for the conclusion of the Sales Contract with GTI, the User must complete a specific order form within the possible deadline indicated on the Site.
3.7 The Sales Contract of the Service(s) offered on the Site is considered concluded between GTI and the User when the User receives confirmation of acceptance from GTI via e-mail which includes: (a) the summary of the general and/or specific conditions applicable to the Sales Contract; (b) information relating to the essential characteristics of the Services purchased; (c) detailed indication of the price, the payment method used and any additional charges; (d) the Customer Service contacts to which the User can contact in order to request assistance and/or submit complaints.
3.8 The User expressly acknowledges and recognizes that, having sent this e-mail, GTI has observed the documentation obligations required by law and that, therefore, the User is bound by the Sales Contract and is, in particular, required to pay of the expected price.
3.9 A summary of the order will be archived in the Seller's database for the period of time necessary to process the orders and, in any case, within the terms of the law.
3.10 GTI reserves the right to refuse or cancel orders that come from: (i) a User with whom it has an ongoing legal dispute; (ii) a User who has previously violated these GCS and/or the conditions and/or terms of the Sales Contract; (iii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card or other payment instruments; (iv) a User who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent GTI the documents requested by the same or who has sent invalid documents; or (v) in any case a User who is under the age of 16 (sixteen) and does not have the consent of those who have parental responsibility. Furthermore, in the case of purchases, from anyone, which are anomalous in relation to the quantity and/or frequency of the same, the Seller reserves the right to take all the actions necessary to put an end to the irregularities.

4- RESERVATIONS AND ACCESS TICKETS. SERVICES PURCHASE VOUCHER

4.1 The User who books a Service via the Site is obliged to show up on the booked date and time. It is the obligation of the person who books to behave in good faith and diligence in accordance with current legislation.
4.2 The User is required to notify GTI well in advance in the event of cancellation of the booking. Otherwise, the Service provider may request, at its discretion, the payment of a sum equal to the value of the booking itself.
4.3 To have access to the Services, the User must have a valid Service Purchase Voucher which is issued by GTI to the User once the purchase phase of the Service(s) has been completed. At the end of the sale, the User has the possibility to print the Services Purchase Voucher or in any case he can present the dematerialized Services Purchase Voucher directly on his smartphone.
4.4 Under no circumstances will GTI be able to replace the Services Purchase Voucher if it is lost, lost, damaged, damaged or destroyed or if the Services Purchase Voucher has been stolen or is even partially illegible.
4.5 Under no circumstances can the Voucher for the Purchase of Services purchased in advance on the Site by GTI be transferred for consideration nor can it be the subject of intermediation.
4.6 In the event of an error in the purchase procedure carried out via order, it is necessary to promptly contact GTI at the contact details indicated in the General Conditions of Use available on the Site.

5- INTELLECTUAL PROPERTY OF GTI

5.1 All materials that GTI grants to Users for the use of the Services, as well as all the contents of the Site or Services, such as, by way of example, trademarks, distinctive signs, domain names, works, texts, illustrations, articles, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including colors , the web pages, graphics, diagrams, tools, fonts and design of the Site, as well as the Services, diagrams, layout, methods, processes, functions and software (the “Materials”), are the exclusive property of GTI or granted to it for use, as well as protected by copyright and other intellectual and/or industrial property rights of the Seller.
5.2 It is not permitted to carry out, in any form and/or with any method and/or for any purpose, in whole and/or in part, any of the following operations concerning the Site and/or the Services and/or the Materials: reproduce, publish, extract, disclose, transmit, download, make available to the public, republish, distribute, remove, delete, add to, or otherwise modify, create and/or use derivative or otherwise inspired works, sell and/or take part in any capacity in the sale, unless obtaining the express written consent of the Seller and, where necessary, of the other holders of the rights indicated by it.
5.3 Any downloads or copies, where authorized in writing by GTI, do not imply the acquisition by the User of any right, title or interest in the Materials and/or the Services.
5.4 For anything not expressly regulated by these GCS regarding intellectual and industrial property, the provisions of the General Conditions of Use made available on the Site and the applicable laws apply.

6- PAYMENTS

6.1 All prices of the Services and any products offered through the Site are expressed in euros and are inclusive of Value Added Tax (VAT).
6.2 To pay the price of the Services, the User may follow one of the methods indicated in the order form.
6.3 In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiration date) will be forwarded via a protected banking circuit to a remote electronic payment service provider, without third parties being able to have access to it in any way. Furthermore, this information will never be used by GTI, except to complete purchase transactions, or if it is necessary to prevent or report to the police forces or other competent authorities the commission of fraud through the Site.
6.4 With reference to the Services purchased on the Site by the User, the relevant price, as indicated in the order form, will be charged to the User's current account at the time of order confirmation. The products purchased within the Park will instead be paid for at the cash register of the relevant Region/restaurants/bars, as required by the General Regulations of the Park published on the GTI Website.
6.5 During the purchasing process of the Service(s), it is possible to request the issuing of an invoice. To issue this document it is necessary to enter an Italian billing address complete with tax data. If the invoice is not requested when placing the order, it cannot under any circumstances be requested at a later time.
6.6 The Seller reserves the right to change the price of the Services at any time, without notice, it being understood that the price charged to the User will be that indicated on the Site at the time the order is placed and that no account will be taken of any variations (increasing or decreasing) subsequent to the transmission of the same.

7- ACCESS TO THE SERVICES

Once the Sales Contract between the User and GTI has been concluded, and the payment for the Service has been made by accessing your account in the forms indicated in these GSC, the User comes into possession of the Services Purchase Voucher which he/she will have to show once done. access to the Park to use the Services.

8- WITHDRAWAL

Pursuant to art. 59, co. 1, letter. n) of the Consumer Code, the right of withdrawal recognized to the consumer based on articles. 52 et seq. of the same Consumer Code is not applicable to the type of transactions carried out by the User for the purchase of the Services. In fact, the User is expressly informed that the Sales Contract has as its object the provision of services relating to free time to be performed on a specific date or period of time and that therefore, by virtue of the exception mentioned above, it cannot be considered to have no right of withdrawal.

9- CUSTOMER ASSISTANCE

9.1 In order to allow the User quick contact with GTI and effective and timely communication, GTI indicates to the User that he may request any information by writing to the email address info@grandtouritalia.it. On the basis of the GCS, the User is informed that the written correspondence between GTI and the User, which bears the date and time of the relevant messages, will be kept on a durable medium within the legal terms.
9.2 GTI will respond within 10 (ten) working days of receipt of the same or, in any case, in the shortest possible time. Times may vary based on the number of requests to be processed.
9.3 In the presence of any additional means of electronic communication that guarantee the User to be able to maintain written correspondence with GTI which bears the date and time of the relevant messages, on a durable medium, it will also provide the information relating to this other means.

10- LIMITATION OF LIABILITY

10.1 Without prejudice to what is otherwise provided pursuant to current legislation, GTI cannot be held responsible in any case, and therefore the User cannot make any claim for compensation against it, for the Services, for non-fulfilments, disservices and/or delays related to causes not attributable to GTI and/or due to circumstances beyond GTI's control and/or to causes of force majeure such as, by way of example and not limited to, pandemics, natural disasters, adverse weather conditions, fires, floods, earthquakes, strikes, sabotage, incorrect functioning and/or breakdowns and/or interruptions and/or defects of any other type of telephone lines, electricity lines and communication networks including the internet and/or the related connection. However, in the event that one or more of these events occur which make GTI unable to provide one or more Services to the User, GTI may reimburse the User with consequent re-crediting of the price of the Service(s) to the current account. from which the payment was made by the User or by other methods that will be promptly communicated.
10.2 The User acknowledges and accepts that GTI's liability cannot exceed the sums paid by the User to GTI for the purchase of the Services. In any case, what is otherwise provided for pursuant to current legislation remains unchanged.
10.3 The GCS do not regulate the sale of products and/or services rendered by parties other than the Seller who are present on the Site, including via links, banners or other hyperlinks.
10.4 Before carrying out commercial transactions with these subjects it is necessary for the User to verify their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.

11- PRIVACY

11.1 The User can obtain information on how their personal data is processed by accessing the Privacy Policy section in the footer of the Site.
11.2 The User is also invited to read the General Conditions of Use of the GTI Site which contain important information on the functioning of the Site and on the IT and security systems adopted, which can also be found in the footer of the Site.

12- MODIFICATION AND UPDATE OF THE GENERAL CONDITIONS OF SALE

The GCS are made available to the User and accessible at any time through the General Conditions of Sale section in the footer of the Site. Any changes and/or additions to them will come into force upon their publication in that section. Users are, therefore, invited to regularly access this section and to consult, download and save, before making any purchase, the most updated version of the General Conditions of Sale.

13- APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION

13.1 The GCS are regulated by Italian law and in particular by the Consumer Code as well as by the legislation on distance contracts and by Legislative Decree no. 9 April 2003. 70 on certain aspects concerning electronic commerce and subsequent amendments.
13.2 The GCS are subject to Italian jurisdiction. For any dispute arising and/or in any case originating from the same, the Court of Bologna has exclusive jurisdiction, without prejudice to the provisions of the art. 13.3 below.
13.3 In the event that the User is a consumer, the Court of the place where the User resides or has elected domicile is competent for any dispute relating to the application, execution and interpretation of the GCS.
13.4 In the event of disputes between the Seller and a consumer, arising and/or in any case originating from the GCS, full membership and acceptance of the CAM conciliation service which is an independent and institutional service, provided by the Chamber is guaranteed from now on. Arbitration of the Bologna Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way. For more information on the regulation or to send a conciliation request, visit the website https://www.bo.camcom.gov.it/it/artigianato-e-mediazione/servizi.
13.5 For the User who qualifies as a consumer, if the legal conditions exist, it is also possible to resort to the alternative dispute resolution bodies referred to in the articles. 141 ter and 141 decies of the Consumer Code.
13.6 GTI also informs the User who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code which was established, pursuant to Regulation (EU) 2013/524, a European platform for the online resolution of disputes with consumers (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform the consumer User will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
13.7 The User who resides in another member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of the GCS, the European procedure established for small claims, by the Regulation (EC) n. 861/2007 of the European Parliament and of the Council, of 11 July 2007 (subsequently amended by Regulation (EU) No. 2421/2015, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, euro 5,000.00 on the date the competent court receives the application form.
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Pursuant to articles 1341 and 1342 of the Civil Code, the User declares to have read and specifically accept the following articles of the GCS: 2.2 (General provisions and identification); 3.3, 3.4, 3.5 and 3.10 (How to create an account and complete the Sales Contract); 5. (Intellectual property of GTI); 6. (Payments); 8. (Withdrawal); 10 (Limitation of liability); 12 (Modification and updating of the General Conditions of Sale); 13 (Applicable law, competent court and dispute resolution).

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