Terms and conditions
The following are the terms and conditions under which the Data Controller offers users access to its services available on the website https://www.fattoriabelvedere.it.
1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the meaning indicated below:
Holder:
Fattoria Belvedere in Morara Marzia,
via Piombarola 1 / A, 40068 Castel dei Britti, San Lazzaro di Savena (BO),
VAT 03256221205,
C. F. MRRMRZ68L63A944G,
phone +39 340 4867821,
e-mail address: marzia.morara68@gmail.com.
Application:
the website https://www.fattoriabelvedere.it, managed by the Owner, which offers a website about the Belvedere Farm, with E-commerce functionality for booking rooms;
Products:
the products and / or services offered through the Application;
User:
the person who accesses the Application, without distinction of legal nature and purpose
pursued, interested in the Products offered through the Application;
Consumer:
natural person acting for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
Conditions:
this contract which governs the relationship between the Owner and the Users and the sale or
the delivery of the Products offered through the Application.
2. Conclusion, conclusion and effectiveness of the Conditions
The contract for the purchase of the Products is concluded by completing and sending the order form. This form contains the ordering and order details, the price of the purchased Product, any additional accessory charges, the methods and terms of payment, the times for the performance of the Product, and the existence of the right of withdrawal as well as the consent to the processing of personal data.
When the Owner receives the order from the User, he sends a confirmation e-mail or a printable confirmation web page and order summary, in which the data referred to in the order will also be displayed. previous point.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
The Owner may modify or simply update these Conditions in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders sent by Users after the date of notification of modification of the Conditions. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future reference.
3. Registration
In order to use certain features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and accept the privacy policy in full (https://www.fattoriabelvedere.it/policy-privacy ) and these Conditions. The User has the responsibility to keep his / her login credentials.
It is understood that in no case will the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of the access credentials of the Users.
4. Account cancellation and closure
Registered Users can stop using the Products at any time and deactivate their accounts or request deletion through the Application interface, if possible, or by sending a written communication to the e-mail address marzia.morara68@gmail. com, or by calling Customer Service at +39 340 4867821.
The Owner, in the event of a breach by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User’s account at any time and without notice.
5. Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who are Consumers and to Users who do not have this quality.
According to the art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 (“Consumer Code”) we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out may be considered as Consumers.
The purchase of natural persons is only permitted on the condition that they have reached the age of eighteen.
The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may emerge. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User attributes expressivly the holder has the right to accept even partially the order placed (for example in the event that there is not the availability of all the ordered products). In this case the contract will be deemed finalized in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
1. when the Product is not available;
2. when the authorization to charge the cost of the Product to the User is denied;
3. when, at the time of purchase, a price that is obviously incorrect and recognizable as such is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
6. Prices and payments
The Owner reserves the right to modify, at any time, the price of the Products. It is understood that any changes will not in any case affect the contracts already concluded before the change.
The sales prices of the Products are inclusive of VAT, if due; any other tax payable by the User will be indicated before confirmation of the purchase.
The User undertakes to pay the price of the Product purchased within the times and methods indicated in the Application and to communicate all the data necessary to enable the correct supply of the Products.
Any refund to the User will be promptly credited by one of the methods proposed by the Owner and chosen by the User and, in the case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself. .
The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of holders, passwords, etc.).
Should these third party tools deny payment authorization, the Data Controller will not be able to provide the Products and will not be liable for any delay or failed delivery.
7. Billing
The user who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the information provided by the User which he declares and guarantees will be true, releasing to the Holder any wider indemnity in this regard will prevail.
8. Methods of execution of digital products and / or services
Digital Product means any product in digital format not supplied on a physical medium.
Service means the commitment to perform a specific service in favor and / or on behalf of the User.
The Owner will provide the Products (digital products and / or services) to the User, in the manner and within the term chosen by them or indicated on the Application or in the order confirmation. In the event that the Owner is unable to provide the Product within the prescribed period, it will be promptly notified via e-mail to the User, indicating when it is expected to be able to supply the Product or start the service or of the reasons that make the service itself definitively impossible.
If the User does not intend to accept the new term or the service has become impossible, he can request a refund which will be promptly credited by one of the methods proposed by the Owner and chosen by the User and, in the case of exercise of the right of withdrawal, at most within 30 days from the date on which the Data Controller became aware of the withdrawal.
Except as specifically provided for by the Owner in the previous points, to be considered expressly referred to herein, he undertakes to supply the Product with the utmost diligence, good faith and correctness.
9. Right of withdrawal of digital products and / or services
The User who for any reason is not satisfied with the purchase of digital products (not supplied on a physical medium) or services can withdraw from the contract within the term of 14 days starting from the day of conclusion of the contract, sending a written communication to the e-mail address marzia.morara68@gmail.com or by calling Customer Service on 39 340 4867821, including the identification data necessary to identify the purchase.
If the User decides to withdraw within the aforementioned deadline, the Owner will reimburse all payments received by the User without undue delay and, in any case, no later than 30 days from the day on which the User has informed the Owner that he / she wishes to withdraw. from the contract.
The Holder will reimburse the price of the Product in the same payment methods used by the User.
10. Optional form to exercise the right of withdrawal
Optionally, the User can withdraw by using the following form, which must be completed in its entirety and sent to the e-mail address marzia.morara68@gmail.com, before the expiry of the withdrawal period:
With this form I communicate the withdrawal from the sales contract a concerning the following goods / services:
________________________________________________________________________________
Order number: ___________________________________________________________________
Ordered on: ______________________________________________________________________
Name and surname: ________________________________________________________________
Address: _______________________________________________________________________
E-mail associated with the account from which the order was placed:
_______________________________________________________________________________
Date: ___________________________________________________________________________
11. Industrial and Intellectual Property Rights
The Data Controller declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the materials and content available on the Application.
These Conditions do not grant the User any license for use relating to the Application and / or individual Contents and / or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
Any reproductions in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property right of the Owner.
12. Exclusion of the Guarantee
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
13. Limitation of Liability
The Data Controller cannot be held liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of the failure to execute the contract for reasons not attributable to him, as the User is only entitled to a full refund of the price paid and any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if he proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any company controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend oneself in court, which may arise in the event of damage caused to other Users or third parties, in relation to the Uploaded Content or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
1. any losses that are not a direct result of the breach of contract by the Owner;
2. any loss of business opportunity and any other loss, even indirect, if any
suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenue, presumed profits or savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issue of incorrect tax documents due to errors in the data provided by the User, being
the latter being the only person responsible for the correct insertion.
In no case will the Data Controller be held responsible for a sum greater than double the cost paid by the User.
14. Force majeure
The Data Controller cannot be held responsible for the failure or late fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such , by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of third-party products, services or applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Holder will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of events due to force majeure.
15. Connection to third party sites
The Application may contain links to third party sites. The owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may link to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
16. Waiver
No waiver by either party of an article of these Terms will be effective unless it is expressly declared to be a waiver and is communicated in writing.
17. Invalidity of individual clauses
If any provision of these Terms is illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the maximum extent permitted by law.
18. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at https://www.fattoriabelvedere.it/policy-privacy.
19. Applicable law and competent court
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, except for the right of the User -consumer to appeal to a different judge from that of the “forum of the consumer” ex art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria of the articles 18, 19 and 20 of the civil procedural code.
20. Online dispute resolution for consumers
The European resident Consumer must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool.
This tool can be used by the Consumer to resolve non-judicially any dispute relating to and / or arising from contracts for the sale of goods and services stipulated on the network. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract entered into with the Owner. The platform is available at the following address:
http://ec.europa.eu/consumers/odr/