1 SUBJECT
These General Conditions of Contract govern the distance buying and selling and, to the extent compatible and not otherwise waived, the non-distance buying and selling of services carried out by L'Orologio Società Cooperativa with registered and administrative office in Pontassieve (FI), Via Lisbona 23, registered in the Register of Companies of Florence tax code and VAT number 03142960487 (hereinafter L'Orologio), as well as the contract for the provision of services provided by L'Orologio.
2 DEFINITIONS
The following definitions apply to these General Terms and Conditions.
The Site: means the website www.spoletowelcome.it owned and operated by L'Orologio. Other websites owned and operated by L'Orologio may be redirected on the Site.
Consumer Code: means the Legislative Decree 206/2005.
Consumer or User: means the Customer natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
Contract: means the contract that is concluded between L'Orologio and the Customer and that has as its object the provision of services carried out by L'Orologio. It is governed by these General Terms and Conditions and the information provided on the Site prior to the conclusion of the Contract also pursuant to and for the effects provided for in Articles 49 et seq. of the Consumer Code.
Customer: means the person who buys the Services of L'Orologio at a distance, through the Site, telephone or electronic mail sales or non-distance sales at Museums, Infopoints, Monuments, Bookshops and in general at L'Orologio outlets.
Services: means the services offered for sale by L'Orologio such as the reservation or sale of entrance tickets to museum and/or cultural facilities, educational and/or guided services and/or leisure services managed or organized by L'Orologio.
Purchase: means the procedure whereby the User purchases directly through the Site one or more services by choosing the payment method (bank transfer or credit card)
Reservation: indicates the procedure for which the User books one or more services through the Site or the Call Center channels of L'Orologio and finalizes the payment in deferred mode by bank transfer, postal bulletin or with direct balance at the place of service. The reservation may also relate to free access services.
3 SCOPE OF APPLICATION
3.1 Services are offered for sale or reservation only to: (a) consumers (within the meaning of the Consumer Code), namely any natural person Consumer or User; (b) adults.
L'Orologio has the right to refuse to process orders from parties other than consumers, or any order that does not comply with these General Terms and Conditions.
L'Orologio reserves the right to refuse orders from a user who has violated these General Terms and Conditions, from a user who has provided false, inaccurate, incomplete or mismatched identifying information.
3.2 The offer and sale on the Site of the Services offered by L'Orologio constitute a distance contract governed by Articles 45 et seq. Of the Consumer Code and Legislative Decree 70/2003.
4 PRODUCT INFORMATION AND PRICES
4.1 All details and information about the services are indicated on the pages dedicated to each service. In this section you can also view the price of the service, which will be in Euros and inclusive of statutory VAT.
4.2 In accordance with the provisions of Article 7-ter of Legislative Decree 633/72, VAT is charged on the invoice both to persons resident for tax purposes in Italy and to consumers who are not tax residents in Italy.
5 PAYMENTS
5.1 Payment is made to L'Orologio's bank or postal account.
5.2 For purchases on the Site, payment is handled through the Stripe platform that allows the use of major debit and credit cards (Visa, Mastercard, Maestro, American Express, Diners, Discover, JCB, Union Pay). Payment also can be made by bank transfer or postal bulletin.
Before submitting the Order Form the User is required to provide payment card information.
All financial details (credit card number or validity date) are sent via encrypted protocol to Stripe without third parties having access to them. These details are not used by the Site except to complete the procedure related to the User's purchase or to make refunds in case of cancellations or to report cases of fraud to the competent authorities.
5.3 Reservations with deferred payment can be finalized by bank transfer or postal bulletin.
6 DISCLAIMER
6.1 L'Orologio Cooperative Society is responsible for the sale of the services provided.
6.2 By purchasing or reserving a service, the User accepts and approves the relevant Terms of Service, including the cancellation and no-show policy, and any additional conditions that may apply to the reservation, purchase and performance of the service made by them.
6.3 The User must appear on the day and at the time indicated on the Confirmation/Voucher Form.
6.4 In the event of events beyond the control of L'Orologio or determined by organizational reasons that will be communicated to the Client in a timely manner that totally or partially affect the performance of the service, L'Orologio reserves the right to propose to the Client a service of equal or greater value to be performed on the same day or later.
7 CANCELLATION AND NO-SHOW POLICY
7.1 The cancellation of the reservation must be communicated within the established terms of the deadline for making payment in the Order Form. If by the specified date the Customer does not make payment, the service shall be deemed cancelled without exception or claim against L'Orologio.
7.2 If the service has been confirmed and paid, the cancellation must be communicated at least 5 days in advance of the agreed date for the performance of the service or in the shorter time indicated in the Order Form in the case of services to be performed within 5 days; there is a refund of the payment made with a deduction of euro 10.00 to cover administrative costs. For cancellation received less than 5 days in advance of the agreed date there is a penalty of 50% of the amount paid. If notice is given on or after the date of the visit or the Client does not show up, 100% of the payment made will be withheld.
7.3 There are no refunds for participant absences communicated on the same day of the outing or at a later date or in any case after confirmation/payment has been made.
7.4 If the Client arrives late, the organization will use the right to modify and/or readjust the booked activity according to the time available, or to cancel the activity in case of extreme delay. In any case, there are no partial or full refunds, and in case of delayed payment for schools, an electronic invoice will still be issued accordingly.
It is necessary to arrive at the ticket office or meeting place indicated on the Confirmation Form 15 minutes in advance of the scheduled time.
7.5 In relation to the purchase of admission tickets, the right of withdrawal provided for in Article 52 of the Consumer Code does not apply since the Contract has as its object the provision of services concerning leisure activities that L'Orologio undertakes to provide on a specific date or period of performance.
8 PURCHASE AND RESERVATION PROCEDURES
8.1 Purchases and reservations for services can be made through the Site www.sistemamuseo.it and via the e-mail address published on the product description pages prenotazioni@sistemamuseo.it.
8.2 The Site allows (a) the reservation of a service whose availability in terms of the day of performance and capacity must be confirmed by The Clock by subsequent correspondence and (b) the direct purchase of a service whose availability is already confirmed.
8.3 To submit an order for the purchase of one or more services, the User must view the description of the service on the pages of the Site, select the service, check availability by selecting the date on the calendar and completing the required quantitative data, complete the Order Form through the electronic form and send it to L'Orologio through the electronic procedure. The Order Form consists of a "customer information" section containing personal information and a section that allows you to provide payment information.
8.4 To complete the Order Form, the User must provide the personal information required for the purchase or reservation. User represents and warrants that all personal data information provided during the registration/order process is current, complete, accurate, and true. The user authorizes L'Orologio to verify the accuracy of the personal data and any other information provided and agrees to cooperate with L'Orologio during such verification.
8.5 The Order Form is to be considered a contractual proposal. By submitting the Order Form to L'Orologio you represent (a) that you have fully read and understood the description of the service provided and the General Terms and Conditions of Purchase and (b) that you unconditionally accept and agree to abide by the provisions of these General Terms and Conditions of Purchase. We recommend that you read the cancellation policies carefully before making your reservation.
8.6 Services available for direct purchase can be paid for via major credit cards by the User at the same time as submitting the Order Form. L'Orologio, at the end of the purchase process, will send contextually Confirmation Form / voucher that the User must print and bring with him/her to the place and day established for the performance of the service.
8.7 The services whose availability must be verified by the organization of L'Orologio can be requested and booked by the User. L'Orologio, following the request, verifies the availability of the service and if this is confirmed, will subsequently send The Order Form and directions for making payment including the due date which is equivalent to the date of expiration of the order. Payment may be made by wire transfer or postal bulletin or credit card or, if available, by direct settlement on site at the place of performance of the service. Upon receipt of payment, L'Orologio will send the User a Confirmation of Service or voucher.
8.8 In the event that the User, in a single procedure, chooses an available service that can be purchased directly in addition to a service whose availability must be verified by L'Orologio, the procedure provides that the User, through the Order Form, sends a Reservation that must be collectively screened and verified in availability by L'Orologio. If availability is confirmed, L'Orologio will subsequently send instructions for making payment, which may be made by bank transfer or postal bulletin or credit card or, if available, by direct settlement on site at the place of performance of the service. Upon receipt of payment, L'Orologio will send the User the Confirmation of Service or voucher.
8.9 By submitting the order, the customer declares that he/she has fully read and understood the description of the selected service.
8.10 Upon completion of the purchase process, the User will be sent a confirmation e-mail. The confirmation E-mail will contain in addition to the summary of the purchase, reservation, prices, instructions or additional information necessary to carry out the service, payment methods, also the link to the General Terms and Conditions. It is the User's responsibility to verify that he/she receives the confirmation e-mail correctly, and if he/she does not receive it for any reason unrelated to L'Orologio such as, by way of example, issues related to e-mail service providers or setting junk mail filters, the User may contact customer service aprenotazioni@sistemamuseo.it.
8.11 At the end of the booking process, the request is received by L'Orologio, which will check availability and contact the user through the contact details that the user will have indicated.
8.12 Each purchase/reservation is associated with a unique ID number communicated with the Order Confirmation e-mail that the user is required to keep and communicate to the organization of L'Orologio in the various stages of contact and correspondence. The User is responsible for the confidentiality of the reservation number and data.
8.13 Reservations and orders requested to L'Orologio's reservation channels such as the email address prenotazioni@sistemamuseo.it are handled by the staff of L'Orologio who will contact the User through the contact details that the User will have indicated for the purpose of completing the booking procedure aimed at the purchase.
8.14 The Order Form is kept in the database of the Site for the time necessary to process the User's order and for the time required by law.
9 CONCLUSION OF THE SALE
9.1 An order is considered sent when www.sistemamuseo.it or L'Orologio's reservation department sends the Order Form electronically to the User and the information indicated therein is verified and deemed correct.
9.2 The Contract is deemed to be concluded when against an authorized payment through the Site www.sistemamuseo.itthrough the correspondence booking procedure, the Site or L'Orologio's booking office sends the User an Order Confirmation which is equivalent to a voucher.
10 INVOICING
10.1 Payment is made directly to the bank account of L'Orologio Società Cooperativa, and therefore L'Orologio Società Cooperativa sends the User directly the invoice or receipt of payment.
11 ORDER CONFIRMATION
11.1 Upon payment through the Site, www.sistemamuseo.it transmits to the User at the same time the Order Confirmation which is equivalent to an electronic voucher to use the requested service.
11.2 Upon deferred payment by bank transfer or postal bulletin, upon receipt of the receipt of making the payment that the User must send to the e-mail prenotazioni@sistemamuseo.it, L'Orologio transmits the Order Confirmation which is equivalent to an electronic voucher to take advantage of the requested service.
12 CUSTOMER SERVICE
12.1 For any information, the Customer may contact the following e-mail addresses prenotazioni@sistemamuseo.it. Requests shall be acknowledged as soon as possible and in any case within the next 72 working hours.
13 COMPLAINTS AND REQUESTS FOR REFUNDS
13.1 The provisions and procedures for the right to a refund are regulated in Section 7 of these General Terms and Conditions.
13.2 In the case of events and services cancelled as a result of extraordinary events or the provisions for the containment of Covid19, the specific statutory and regulatory guidance issued by the relevant authorities regarding refunds, issuance and extension of vouchers shall apply.
13.3 To request a refund, the Client may send a request to the e-mail address prenotazioni@sistemamuseo.it. L'Orologio will acknowledge the request within the next 72 working hours to the address provided by the Customer indicating the acceptance or the reasons in case of non-acceptance.
13.4 The Customer may send a complaint to the e-mail address prenotazioni@sistemamuseo.it. L'Orologio will acknowledge the request within the next 72 business hours to the address provided by the Customer.
14 PRIVACY
14.1 For any information regarding the processing of personal data, the User may consult the Privacy Policy at the bottom of each page of the Site.
14. 2 Upon express consent of the User in point A) of the Privacy Policy, the User's personal data are collected "for organizational and administrative purposes related to the conclusion of contracts for the purchase of goods and services provided by the Owner and transmission to partners of L'Orologio and/or suppliers necessary to provide the requested service". In addition, upon the express consent of the user in point B) of the Privacy Policy, the User's personal data are processed for "Marketing Purposes: to send via e-mail, mail and/or sms, instant messaging services and/or telephone contacts, newsletters, commercial communications and/or advertising material on products or services offered by the Owner and detection of the degree of satisfaction on the quality of services."
15 MISCELLANEOUS
15.1 If any provision of these General Terms and Conditions is held to be unlawful, invalid, ineffective or contrary to law as a result of a final decision of a court of competent jurisdiction, all other provisions of these General Terms and Conditions shall be deemed to be in full force and effect.
15.2 L'Orologio Società Cooperativa reserves the right to transfer and/or assign to a third party any rights arising under the Contract.
16 APPLICABLE LAW AND JURISDICTION
16.1 These General Terms and Conditions are subject to Italian Law and in particular to the Consumer Code D. Lgs. 206/2005 with respect to distance sales and D. Lgs. 70/2003 with respect to certain aspects of electronic sales.
16.2 The Consumer Customer is reminded that for distance sales, any dispute, controversy or claim arising out of or relating to these General Terms and Conditions of Sale and the General Terms and Conditions of Contract, or to their breach, termination or validity shall be subject to the jurisdiction of the Court of the place of residence or domicile of the Consumer, if located in the territory of the State.
17 ONLINE DISPUTE RESOLUTION
17.1 The Watch informs that a European platform for online consumer dispute resolution (ODR) has been established.
The platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
Through the ODR platform the consumer can initiate the procedure for online dispute resolution.
