General Terms and Conditions of Sale
updated on 05.02.2021
(the General Terms and Conditions)
1. Summary of the main terms and conditions of sale
These Terms and Conditions govern the offer and sale of the Products (as defined below) on the website www.cuoredimarche.it and on other web addresses that redirect to cuoredimarche.it (cuoredimarche.it or the Site) and, if present, on the heart-brand App (the App) created on behalf of Unione Montana Potenza Esino Musone by Expirit Srl.
We invite you to carefully read all the General Terms and Conditions before placing your order, as the following is only a summary of the main terms and conditions of sale.
- PEOPLE AUTHORIZED TO PURCHASE: only adults and consumers can be customers of the Site and the App (the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out)
- PRODUCTS OFFERED (Products): Unione Montana Potenza Esino Musone sells vouchers to redeem tickets, or tickets issued by museums, cultural institutions, theaters and tour operators (the Supplier) or by third parties to access the Supplier’s facilities and exhibitions and / or to use leisure or travel services offered by the Provider (the Provider Service). The Products may also include tickets for leisure or travel services provided directly by Unione Montana Potenza Esino Musone (including travel packages, which in any case may be subject to additional terms and conditions) and additional services auxiliary to the Supplier’s Products. . In this case, the Unione Montana Potenza Esino Musone – henceforth referred to as the Unione Montana – is considered as a Supplier under these Terms and Conditions. Unless otherwise provided, in relation to any purchase that may be made on the Site and on the App, Unione Montana acts as agent or reseller of the Supplier or third parties or as a service provider, and Unione Montana declines all responsibility for the adequacy of the Supplier’s Service or for the consequences deriving from the use of the Supplier’s Service.
- PRODUCTS AND PRICES: the products are described on the “product description” page on the Site and App. The prices are indicated in euros and always include VAT.
- PURCHASE PROCEDURE: to send a purchase order for one or more Products, you must complete the online Order Form (to be considered a contractual proposal) and send it electronically to Unione Montana. By sending an Order Form to Unione Montana you declare (a) to have fully read and understood the “product description” of the Supplier’s Service e (b) to unconditionally accept and undertake to comply with the provisions of these General Terms and Conditions and (where applicable) the terms and conditions of sale of the Supplier (the Service Conditions). We recommend that you carefully read the cancellation policies and for those who do not use the purchased products of the relevant Supplier before making your reservation. YOU MUST ARRIVE AT THE TIME INDICATED FOR THE SUPPLIER’S SERVICE PRODUCT PURCHASED, no refunds are due in the event of non-delivery or non-punctual presentation.
- ORDER MANAGEMENT: once an Order Form has been sent, the Unione Montana and / or the Supplier will send you your electronic ticket or will notify you via e-mail of the place where to collect your paper ticket or will provide you with the address of the place where the paper copy of your ticket will be available for collection.
For any information you can contact the Customer Care of the Montana Union at the following e-mail address: firstname.lastname@example.org
2. Scope of application
2.1 The Products are offered for sale only to (a) consumers (pursuant to Legislative Decree no. 206/2005), that is, any natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; (b) adults (under the laws of their respective countries).
The Montana Union has the right to refuse to process orders from subjects other than consumers and any other order that does not comply with these General Terms and Conditions.
The Unione Montana sells on the Website and App:
(a) Voucher to redeem tickets to use the Supplier’s Service as an agent or reseller of the relevant Supplier or third party (hereinafter Mode A);
(b) Access to the Supplier’s platform to purchase tickets to use the Supplier’s Service (hereinafter Mode B);
(c) Tickets for leisure or travel services organized by Unione Montana and any other Product sold directly by Unione Montana (hereinafter Mode C).
The Service is operated directly by Unione Montana only if specified.
A. Rules common to Modes A, B and C
3. Product information and prices
3.1 The details and information relating to the Supplier’s Service and the Product are indicated in the “product description” on cuoredimarche.it. In this section you can also see the price of the Product, which will be visible in the currency selected from those available and will include IVA. Please ensure that all pricing information on the Site is correct before placing an order.
3.2 In accordance with the provisions of art. 7-ter of the Legislative Decree n. 633/72, VAT is applied to the invoice both to persons resident for tax purposes in Italy and to consumers who are not fiscally resident in Italy.
3.3 By submitting your order, you declare that you have fully read and understood the “product description” of the Service of the selected Supplier and Product.
4.1 The Montana Union is solely responsible for the sale of Products that it has supplied in its name and on its own behalf (Mode C). In any other case, the Montana Union has no responsibility for the Services of the Suppliers, which are provided exclusively by the relevant Supplier. To the fullest extent permitted by applicable law, you agree to exclude Union Montana’s liability for any cost, expense, loss or liability you may incur in any breach of the Terms of Service by a Supplier other than Unione Montana. and / or any event in any way connected to the service provided by such Supplier.
4.2 By purchasing a Product you accept and approve the relevant Conditions of Service, including the Supplier’s policy on cancellation and for those who do not use the purchased products (“no-show”), and any additional conditions that the Supplier may apply to your booking or during your visit.
You must report to the Supplier’s Service on the day and at the time indicated in your Order Form. No reimbursement is due in case of non-presentation or non-punctual presentation. If you wish to cancel your booking, please be aware that cancellation fees may be charged in accordance with the Provider’s applied cancellation and no-show policies. We recommend that you carefully read the Provider’s cancellation and no-show policies before submitting your booking.
5. Booking procedures
5.1 To send a purchase order for one or more Products on the Site and App, you must select the Product and fill out the online form, which must be considered as a contractual proposal (the Order Form). The Order Form consists of a “customer information” page containing personal information and a second page that allows you to provide your payment details (please refer to Article 5 attached hereto). The Order Form also includes the main characteristics of the ordered Product, the unit price (including VAT) and a link to the Terms of Service.
In accordance with the provisions of art. 7-ter of the Legislative Decree n. 633/72, VAT is applied to the invoice both to persons resident for tax purposes in Italy and to consumers who are not fiscally resident in Italy.
5.2 To send your details and complete the Order Form, you must register on the Site or provide your personal data for the single purchase (by filling out the registration / order form with your personal data or by logging in through a social network account in your possession). The user declares and guarantees that all information relating to personal data provided during the registration / order process is up-to-date, complete, accurate and truthful. The user authorizes the Unione Montana to verify the correctness of personal data and any other information provided and undertakes to collaborate with the Unione Montana during these checks.
5.3 By submitting an Order Form to the Montana Union, you unconditionally accept and undertake to comply with the provisions of these General Terms and Conditions and the Service Conditions. A brief summary of the main Terms of Service and a link to their extended version are available on the Site and App at any time.
5.4 The Order Form is stored in our database for the time necessary to process your order and for the time required by law. You can consult the Order Form on your personal page of the Site or App, “Profile” section.
6.1 Before sending the Order Form, you are required to provide information to process your payment through the payment method selected from those available (for example, credit card information).
6.2 All financial details (i.e. credit card number or validity date) are sent via encrypted protocol to Adyen BV (a payment service provider) and where applicable to Stripe or Paypal or other payment service providers available from time to time on the Site and App, without third parties having access to them. These details are not used by Unione Montana except to complete the procedure relating to your purchase or to make refunds in the event of cancellations, in accordance with the exercise of the right of withdrawal, or to report cases of fraud to the police authorities.
7. Conclusion of the sale
An order is considered sent when the Unione Montana electronically receives your Order Form and the information indicated therein is verified and considered correct.
The contract is considered concluded when – against an authorized payment through the Site or App – Unione Montana (if Methods A and C) or the Supplier (if the Mode B) sends you the voucher or e-ticket.
If the payment is made directly to the Unione Montana bank account, and therefore the Unione Montana directly sends you the invoice or receipt of payment, you will see in the relevant invoice or receipt issued by the Unione Montana the indication and details of the sums received on behalf of the Supplier and the service fees paid directly to Unione Montana or, if Mode C applies, the sums received by Unione Montana on its own behalf.
9. Terms and conditions for promotions and special offers
DISCOUNT CODE: A discount code entitles you to a discount for a certain period of time under certain conditions, as specified by us in the banner.
USE OF A DISCOUNT CODE: The discount code can only be used on the website www.cuoredimarche.it and is applied during the purchase process. Different codes cannot be used simultaneously or associated with other promotions. The discount code cannot be applied to previous bookings; furthermore, this code can only be used via an online payment method. Any remaining balance on the discount code after use cannot be transferred or withdrawn.
CANCELLATION OF A DISCOUNTED RESERVATION: If you cancel or choose not to use a discounted reservation, you are not entitled to a discount or reinstatement of the promotion. If you change a discounted booking, you will not be entitled to a refund of the discount or a reinstatement of the promotion. All refunds are determined by the specific business cancellation policy and do not include the discount / promotion amount.
REFUSAL TO REDEEM A DISCOUNT CODE: We may at any time cancel, withdraw or refuse redemption of a discount if we have reason to believe that the code has been used illegally or illegally. In the event that the code is canceled or rejected, no claims can be made against us. We will also refuse to apply a promotional code to a booking if the code has expired, if the products are not included in the promotion, if the code has already been redeemed or if we are unable to provide the quantity of tickets requested. In these cases we will inform you of the correct cost of the reservation before debiting the payment, to give the possibility to confirm the reservation and to accept the terms.
LIMITATION OF LIABILITY: In the event that we cancel, remove, do not apply or refuse the use of a promotional code, we will not be liable for any loss or damage of any kind, whether direct or indirect, including lost profits and the like.
PROMOTION: A promotion refers to a promotional code or discount code for a specific time period (the period in which the promotion is valid). In the event that we decide to cancel, remove, not apply or refuse the application of a promotion, we will not be liable for loss or damage of any kind, whether direct or indirect, including lost profits and the like.
EXCLUDED PRODUCTS: The discount code can only be applied to selected products. The products of the following suppliers are excluded:
B. Provision applicable to Mode A
10. Confirmation of Unione Montana
10.1 With reference to certain Products, as specified in the relative “product description” page, Unione Montana acts as an agent or reseller of the relative Supplier.
10.2 Upon acceptance of the order and an authorized payment through the Site, Unione Montana will send you the voucher directly via email to redeem the ticket from the Supplier or to use the Supplier’s Service directly.
The Supplier’s Service is subject to the Service Conditions prepared by the Supplier (the main conditions of which are made available at any time on the Site and made available again in the confirmation email referred to above).
C. Provision applicable to Mode B
11. Confirmation of the Supplier
11.1 With reference to certain Products, as specified in the relative “product description” page, Unione Montana provides a search engine service to collect information on tickets and offers from Suppliers, and a software application that allows the user to make directly a reservation, or to purchase an order, for the Supplier’s Services, without having to connect again to the Supplier’s website.
11.2 Against a payment through the Site, the Supplier sends you your electronic ticket or informs you via email of the place where your paper ticket is made available to you. If you follow this method, the booking / purchase is made by the user and processed directly by the Supplier. If you follow this method, the booking / purchase is made by the user and processed directly by the Supplier.
The Supplier’s Service is subject to the Service Conditions prepared by the Supplier (available at any time on the Site and on the Supplier’s site).
D. Provision applicable to Method C
12. Confirmation of Unione Montana
12.1 With reference to certain Products, as specified in the relative “product description” page, Unione Montana acts as a Supplier under these General Terms and Conditions.
12.2 Against a payment through the Site, Unione Montana will immediately send you your electronic ticket (in its name and account) or relevant documents to use the requested service.
The services provided directly by Unione Montana are subject to the Conditions of Service prepared by Unione Montana (available at any time on the Site and made available again in the confirmation email referred to above).
E. Final Provisions
Your personal data is processed by Unione Montana for the purpose of supplying the Products. Unione Montana communicates to the Supplier – identified in the “product information” page and in the purchase order – your personal data that are strictly necessary to provide the Supplier’s Service (ie, your name, your email address if necessary to provide the Supplier’s Service and the booking made on www.cuoredimarche.it, and any information relating to such data). Unione Montana and the Suppliers each act separately as data controller of the personal data provided and for the sole purpose of providing the related Services. At any time you can deny your consent to receive the newsletters and updates of Unione Montana relating to products similar to those already purchased. Furthermore, you can give your consent to the receipt of communications for marketing purposes and to carry out market research by the Supplier and allow Unione Montana and the Supplier to conduct market analyzes on your personal data.
The General Terms and Conditions may be changed at any time following the introduction of new laws or regulations or for other reasons. The new General Terms and Conditions are effective from the date of publication on www.cuoredimarche.it. We recommend that you regularly visit this section of the Site in order to check if the most recent and updated General Terms and Conditions have been published.
If Unione Montana decides not to apply any brokerage commission, without prejudice to the debit of transaction costs for online payment, this web portal is configured as a platform therefore it is not chargeable to Unione Montana and subjects connected and delegated to it have no responsibility. inherent in the use of the service, neither in quantitative nor qualitative terms. This responsibility remains with the individual service providers, as presented on the specific pages of the site relating to the purchase of products.
If any provision of these General Terms and Conditions is considered illegal, invalid, ineffective or contrary to the law following a final decision of a competent court, such provision will be removed, and all other provisions of these General Terms and Conditions will be considered fully effective and valid.
Unione Montana reserves the right to transfer and / or assign to a third party any right under these General Terms and Conditions without restriction.
16 Applicable law and competent court
These General Terms and Conditions are subject to Italian law and in particular to Legislative Decree no. 206/2005 relating to distance selling and Legislative Decree no. 70/2003 relating to some aspects of electronic sales. If you are resident in an EU country other than Italy, pursuant to Article 6 (2) of Regulation No. 593/2008, you will also enjoy the protection of the mandatory provisions of the State where you reside.
17 Online dispute resolution
Pursuant to Section 14 of the Regulation (EU) number 524/2013, we hereby inform you that you can resolve disputes related to the purchase of Products on the Site through the ODR online platform managed by the Commission of the European Union and accessible at the following address https : //ec.europa.eu/consumers/odr/main/? event = main.home2.show