GENERAL TERMS OF ONLINE SALE
ANDALO GESTIONI S.R.L.
Latest update: [03.12.2021]
1.1 The following general terms and conditions (GTC) regulate remote purchases, through the navigation on the web portal www.andalo.life of products, entrance tickets and packages of treatments and services, afferent to and provided by the facilities of the park located in the municipality of Andalo (TN), called Andalo Life, managed by Andalo Gestioni S.r.l.
1.2 The WEBSITE is the only web portal where it is possible to conclude a DISTANCE SALE CONTRACT with ANDALO GESTIONI concerning the PRODUCTS.
1.3 The offer and sale of PRODUCTS through the WEB SITE constitute a distance sale regulated by the Legislative Decree n. 206 of 2005 (the "Consumer Code") Chapter I, title III, as amended by Legislative Decree 21/2014 as well as by Legislative Decree n.70 of 2003, regulation of electronic commerce, which transposed the European Directive 2000/31/EC, so-called E-Commerce Directive.
1.4 The user of the WEBSITE undertakes to read these GTC in full before proceeding with the purchase of the PRODUCTS. The purchase of PRODUCTS through the WEBSITE assumes that these GTC have been fully understood and accepted without reservation.
2.1 Except as defined elsewhere, the terms and expressions listed below in quotation marks, in bold capital letters, have the meaning attributed below, without distinction between the use of the singular or plural:
- "CLIENT": indicates the subject, natural or legal person, who purchases the PRODUCTS on the WEBSITE under the validity of these GTC;
- "CONSUMER": indicates the CUSTOMER who is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, who can be defined as a consumer pursuant to art. 3 of the CONSUMER CODE;
- "DISTANCE SALE CONTRACT": indicates the contract concerning the distance sale of the PRODUCTS offered on the WEBSITE, which is concluded between the CUSTOMER and ANDALO GESTIONI and is governed by these GTC as well as by the pre-contractual information provided on the WEBSITE;
- "PARTIES": indicates jointly ANDALO GESTIONI and the CUSTOMER;
- "ENTRANCE TITLE": indicates the document (ticket/subscription) that entitles the holder to access ANDALO LIFE to use, within the terms specified therein, the related purchased PRODUCTS.
3. SCOPE OF APPLICATION OF THESE GTC
3.1 The DISTANCE SALE CONTRACT is governed by the GTC in force on the date of signing it.
3.2 These GTC do not regulate the sale of services or products by parties other than ANDALO GESTIONI that may possibly be present on the WEBSITE through links, banners or other hypertext links. ANDALO GESTIONI is not responsible for the supply of services and/or for the sale of products by such subjects. ANDALO GESTIONI does not carry out any checks and/or monitoring on the websites that can be consulted through these links, therefore it is not responsible for the contents of these sites or for any errors and/or omissions and/ or violations of the law by them.
3.3 These GTCs can be modified at any time by ANDALO GESTIONI. Any changes will be effective from the moment of their publication on the WEBSITE in the "Terms of sale" section. Users of the WEBSITE are therefore invited to consult the updated version of the GTC before making any purchase.
4. PRE CONTRACTUAL INFORMATION
4.1 The following pre-contractual information is also provided pursuant to art. 49 of the CONSUMER CODE, where applicable.
4.2 The types and main characteristics of the PRODUCTS are indicated on the WEBSITE and can be viewed by the user of the WEBSITE before proceeding with the purchase.
4.3 With reference to each PRODUCT offered on the WEBSITE, the following information is available:
- the availability (in the case of a ticket with reservation/access with limited entry);
- the total price, inclusive of all charges borne by the CUSTOMER, including any shipping costs;
- the duration of the PRODUCT, to be understood as the date or period in which the CUSTOMER will be able to use the PRODUCT;
- the methods of payment, delivery (if any) and execution;
- contact information to communicate with ANDALO GESTIONI.
The user acknowledges that ANDALO GESTIONI reserves the right to change the characteristics and prices of the PRODUCTS, as well as the related information published on the WEBSITE without prior notice.
4.4 The company and contact information of ANDALO GESTIONI are as follows:
Andalo Gestioni S.r.l.
Registered Office: Viale del Parco n. 1 - 38010 Andalo (TN)
C.F. e P.I.: 02214180222
Tel. +39 0461/585776
4.5 CUSTOMERS may send communications or complaints to the aforementioned contact addresses.
ANDALO GESTIONI will respond to complaints by e-mail and/or by telephone at the latest within 15 working days of receipt of the same.
5. PURCHASE PROCEDURE
5.1 In order to purchase the PRODUCTS offered on the WEBSITE, the user is required to follow the guided procedure until its completion, which will appear on the screen and will require the compilation and subsequent transmission to ANDALO GESTIONI of an order form in electronic format.
5.2 The purchase of the PRODUCTS offered on the WEBSITE by individuals is reserved for those over 18 (eighteen) years of age.
5.3 ANDALO GESTIONI reserves the right to refuse or cancel orders that come from:
- a user with whom there is a dispute;
- a user who has previously violated the GTC of the WEBSITE;
- a user who has been involved in fraud of any kind and, in particular, in fraud related to payments by credit card or touting;
- a user who has released identification data that is false, invented, fictional, incomplete or in any case inaccurate and/or in any way not corresponding to the truth or referred to third parties or who has not promptly sent ANDALO GESTIONI the documents requested by the same as part of the payment process or that has sent invalid documents.
5.4 Immediately before the transmission of the order form, the wizard will ask the user to verify the data entered therein, confirm the PRODUCTS selected for purchase, complete any mandatory fields not filled in and indicate the payment methods, as best possible, as specified in the following art. 6. The user will therefore have the opportunity to correct any compilation errors before sending the order form to ANDALO GESTIONI.
Please note that the PRODUCTS having as their object access to ANDALO LIFE at a predetermined date and time, once purchased, will not be subject to changes in date and time.
It is also specified that the PRODUCTS having as their object access to ANDALO LIFE on an open date or free shift are valid for 6 (six) months from the date of the conclusion of the DISTANCE SALE CONTRACT.
5.5 Once the correctness of the order has been verified, the user can proceed with the payment.
5.6 The REMOTE SALE CONTRACT will be considered concluded when the request generated by the user through the use of the virtual button "Confirm order" and the contemporary order form have been received by the server hosting the WEBSITE, regardless of any failure to receive the CONFIRMATION E-MAIL referred to in the following point.
5.7 The order form relating to the DISTANCE SALE CONTRACT will be stored on the ANDALO GESTIONI servers for the entire period of validity of the ENTRANCE TICKET, and in any case within the terms of the law for exercising the right of withdrawal, where applicable.
5.8 The DISTANCE SALE CONTRACT is definitively conditional on the failure to complete the payment procedure for the price of the purchased PRODUCTS.
5.9 Once the DISTANCE SALE CONTRACT has been concluded, ANDALO GESTIONI will send to the email address indicated by the CUSTOMER during the guided procedure, an email confirming the receipt of the order (the "CONFIRMATION E-MAIL" ), which will summarize:
- the number of the order, automatically generated by the system;
- the essential characteristics of the purchased PRODUCT;
- detailed indication of the price, the method of payment used and any delivery costs;
- the conditions applied to the order, with indication of a link to the GTC;
- the terms for exercising the right of withdrawal, where applicable;
- contact information in case the CUSTOMER intends to request assistance or make complaints.
5.10 A .pdf file is attached to the CONFIRMATION E-MAIL bearing the ENTRY TICKET related to the purchased PRODUCT, registered to the holder of the MEANS OF PAYMENT (as defined below) used to complete the purchase.
5.11 If the ENTRY TICKET differs from the purchased PRODUCT, the CUSTOMER must contact ANDALO GESTIONI without delay in the manner referred to in the previous article, which will recontact the CUSTOMER as quickly as possible, and in any case within 15 (fifteen) days.
6. PRICE AND METHODS OF PAYMENT
6.1 The price of each PRODUCT indicated on the WEBSITE is the final price for the CUSTOMER, is expressed in Euros and is inclusive of VAT.
6.2 Should ANDALO GESTIONI decide to lower the prices of the PRODUCTS offered on the WEBSITE, the CUSTOMER who previously purchased the same PRODUCT at a higher price will not have any right to obtain a refund of the price difference.
6.3 ANDALO GESTIONI accepts the following means of payment: i) credit card of the Visa, MasterCard, Maestro circuits; or ii) Paypal (the "MEANS OF PAYMENT").
6.4 The order price will be debited at the conclusion of the purchase procedure.
6.5 At the end of the purchase procedure, a page will appear that will confirm the completion of the DISTANCE SALE CONTRACT and will anticipate the subsequent sending of the CONFIRMATION E-MAIL.
6.6 If the payment authorization is denied by the institution that issued the Payment Method (the "ISSUING INSTITUTE"), the DISTANCE SALE CONTRACT must be considered automatically terminated and, if the PRODUCT concerns the access to ANDALO LIFE, ANDALO GESTIONI will not send the CUSTOMER any ENTRANCE TICKET. The Parties mutually agree that ANDALO GESTIONI cannot be held responsible for the refusal of the authorization to pay by the ISSUER.
- USE AND VALIDITY OF ENTRANCE TICKETS
7.1 Each ENTRANCE TICKET allows access to ANDALO LIFE only on the dates, times and to use the services expressly indicated on it. CUSTOMERS accept and acknowledge that ANDALO GESTIONI may refuse access to ANDALO LIFE to persons who do not exhibit suitable ENTRY TICKETS.
7.2 ENTRANCE TICKETS may be printed with the aid of a normal printer or exhibited at the ANDALO LIFE cash desks directly from a mobile device.
7.3 ENTRANCE TICKETS in paper format must be kept in good condition by the CUSTOMERS. CUSTOMERS accept and acknowledge that ANDALO GESTIONI is not required to replace damaged ENTRY TITLES.
7.4 ANDALO GESTIONI will not allow access to ANDALO LIFE to subjects who have illegible, counterfeit, stolen or unreadable ENTRANCE TICKETS.
7.5 It is also specified that the validation and access control system to ANDALO LIFE allows the use of ENTRANCE TICKETS for one time only, by scanning the relevant QR code. ANDALO GESTIONI will not, for any reason, allow entry to anyone showing ENTRANCE TITLES that have already been validated.
7.6 ENTRANCE TICKETS must be kept for the entire duration of use of the purchased PRODUCTS, so that they can be shown in case of checks.
7.7 With specific reference to the nominal ENTRANCE TICKETS, which allow the holder to use the PRODUCTS for a specified time (subscriptions), ANDALO GESTIONI will deliver to the holder, on the occasion of the first access, a special bracelet with "RFID tag" technology that will replace the paper ENTRANCE TICKET, which allows the holder to access ANDALO LIFE. ANDALO GESTIONI reserves the right to verify the identity of the bracelet owner at the entrance, by requesting to show a valid identification document accompanied by a photograph.
8. LIMITATIONS OF LIABILITY - PROHIBITIONS
8.1 Users of the WEBSITE acknowledge and accept that ANDALO GESTIONI undertakes no obligation to keep the WEBSITE continuously online, and that ANDALO GESTIONI cannot therefore be held responsible for any impossibility for users to purchase the PRODUCTS due to the momentary interruption or suspension of the WEBSITE.
8.2 Without the prior written consent of ANDALO GESTIONI, the PRODUCTS and/or ENTRANCE TICKETS cannot be sold for consideration in the context of the professional performance of a commercial activity, even if not organized as a business, and in any case in all cases in which ANDALO GESTIONI has specifically prohibited the transfer of ownership based on principles of nomination or in the face of promotions aimed at certain target audiences or markets.
8.3 In the absence of prior written authorization issued by ANDALO GESTIONI, the PRODUCTS and/or ENTRANCE TICKETS cannot constitute the reward for prize events organized by CUSTOMERS or third parties, whether or not they fall within the scope of application of Presidential Decree 430/2001 nor of other rewarding or promotional initiatives such as, but not limited to, competitions or lotteries. The CUSTOMER undertakes to hold ANDALO GESTIONI harmless and indemnified from any prejudice, compensation obligation or sanction that may derive from the violation of this provision.
9. RIGHT OF WITHDRAWAL
9.1 With reference to the PRODUCTS having as their object access to ANDALO LIFE, it is specified that, since they are part of the category of "services relating to leisure time activities for which a specific date or period of execution is envisaged" of which to art. 59, co. 1, lett. n) of the CONSUMER CODE, the right of withdrawal provided for by art. 52 of the CONSUMER CODE itself does not apply.
9.2 With reference to PRODUCTS other than those referred to in the previous point, the CONSUMER has a period of 14 (fourteen) days to withdraw, without having to provide any reasons and without having to incur costs other than those referred to in articles 56, par. 2 and 57 of the CONSUMER CODE. In this regard, the regulations set out in the CONSUMER CODE apply.
11. APPLICABLE LAW - JURISDICTION - EXTRA-JUDICIAL RESOLUTION OF DISPUTES
11.1 These GTC are governed by Italian law.
11.2 Any dispute concerning the DISTANCE SALE CONTRACTS governed by these GTC that should arise between ANDALO GESTIONI and non-CONSUMER CUSTOMERS will be subject to the exclusive jurisdiction of the Court of Trento.
If, on the other hand, a dispute concerning the DISTANCE SALE CONTRACTS governed by these GTC should arise between ANDALO GESTIONI and a CONSUMER, the Judge of the place where the CONSUMER resides or has elected domicile, if located in the national territory, will be competent.
11.3 It is without prejudice to the possibility, where the conditions exist, that the CONSUMER promotes the out-of-court 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. To this end, ANDALO GESTIONI informs the CONSUMER, pursuant to art. 141-sexies, co. III of the CONSUMER CODE, that the European Commission has set up an online dispute resolution platform, usable by CONSUMERS residing in a country of the European Union, Norway, Iceland or Liechtenstein, accessible at the following Internet address https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT (the "ODR PLATFORM"), through which the consumer can consult the list of out-of-court dispute resolution bodies and initiate an online dispute resolution procedure.
11.4 The CUSTOMER who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these GTC, the European procedure for small claims contemplated by the Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, the sum equal to Euros 2,000.00. The text of the regulation is available at the following Internet address https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_it.htm.
12. PROPERTY RIGHTS
12.1 The logos, distinctive signs and all contents, information and materials present on the WEBSITE are the exclusive property of ANDALO GESTIONI and cannot be reproduced, neither in whole nor in part, transferred (by neither electronic nor conventional means), modified, connected or otherwise used for any purpose without the prior written consent of ANDALO GESTIONI.