Terms and Conditions
This document contains the general terms and conditions on the basis of which users are offered the use of the website www. welcometoitalia.com which offers tourism promotion at the Italian level.
To enable full understanding and acceptance of these terms and conditions, the following terms, in singular and plural, shall have the meanings set forth below:
- Owner: Proedi Comunicazione srl, with registered office in Via Ezio Biondi, 1, 20154 Milan, VAT / Tax Code 07749100157
- Application: the website www. welcometoitalia.com
- Products: the experiences provided to the user by the Owner and the experiences provided through the Application by a third party provider.
- User: any person who accesses and uses the Application
- Consumer User: the natural person over 18 years of age who concludes a contract for purposes unrelated to his or her business, commercial, artisan or professional activity, if any
- Non-consumer user: the natural person of age or legal entity that concludes a contract for the performance or needs of its business, commercial, craft or professional activity
- Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of their business, commercial, craft or professional activity
- Content: any textual or multimedia element present on the Application, such as ads, advertisements, reviews, images, etc.
- Conditions: this contract governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
- Relationships between Owner, Third Party Supplier and Users
The Application hosts a platform managed by the Owner that allows to put in contact Users interested in the Products offered by the Owner and the Third Party Supplier.
On the Application, Users can then purchase and/or request the supply of both Products supplied by the Owner is Products supplied by Third Party Suppliers. In the Application is always clearly indicated if the Product is supplied by the Owner or by a Third Party Supplier.
When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, having to be considered as mere manager application technician. Therefore, the eventual contract stipulated between Third Party Suppliers and Users is not subject to these Terms.
The terms and conditions of each Third Party Supplier are made available on the Product page or on the Third Party Supplier’s sheet. Therefore, before doing business with such third party, you should verify its terms and conditions of sale or supply published on the Application.
- Scope of the Conditions
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notice, legal notice, information published or referred to therein, he/she may not use the Application or the related services.
The Conditions can be changed at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time even after the User’s registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, if necessary, the relevant instructions.
- Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery time, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published on the Application and the real Product may be highlighted. Moreover, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are allowed to both Consumer and Non-Consumer Users.
To the natural persons the purchases and/or the requests of supply are allowed only on condition that they are of age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for purchase and/or supply request, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not accept the User’s order without the User being able to object or complain about anything for any reason and/or reason whatsoever.
The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the time of supply and execution, the method of exercising the right of withdrawal or its possible exclusion and the warranty.
The contract of sale or supply of the Products shall not be considered effective between the parties in default of what indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new delivery or supply terms, asking if he intends to confirm the order or not. It is understood that the contract will be finalized with regard to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
The User is responsible for keeping his or her access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of misuse or undue disclosure of them.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction arising from and/or in any way related to the User’s violation of the rules on registration to the Application or on the preservation of registration credentials.
- Account cancellation and closure
You may terminate your use of the Application at any time and deactivate your account or request its deletion through the Application interface, if possible, or by sending a written notice to email@example.com.
In case of violation by the User of the Terms or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
- Prices and payments
For each Product is indicated the price including VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the price calculation methods are indicated.
In addition, will be indicated all possible taxes, additional charges that may vary depending on the method of payment used. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the time and manner indicated in the Application and to communicate any necessary data that may be requested.
The Application uses third party tools for the processing of payments and does not in any way come into contact with the payment data provided (credit card number, holder name, password, etc.).
Should these third party instruments deny the authorization to pay, the Owner will not be able to supply the Products and will not be considered in any way responsible.
The User who wishes to receive the invoice will be asked for the billing information. The information provided by the User, which he declares and guarantees to be true, will be used as the basis for issuing the invoice, releasing the Owner of any indemnity in this regard.
- Methods of providing services
The Owner will provide the services to the User, in the manner and within the period indicated on the Application and reported in the order confirmation.
If it is not possible to provide the services requested within this period, the User will be promptly notified by e-mail, indicating when it is expected to be possible to provide them or the reasons why it is impossible to provide them.
If the User does not wish to accept the new deadline or if the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the request for refund.
For any other detail, such as date change policy, cancellation, please refer to the single sheet of each product.
- Exclusion of the right of withdrawal of non-consuming users
The Non-Consumer User is not entitled to withdraw from the contract of sale or supply of the Products. The User expressly recognizes that the indication in the order of a VAT number automatically qualifies him/her as a non-Consumer User, for which there is no right of withdrawal.
- Right of withdrawal of Consumer Users from the purchase of services
Only the Consumer User who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written notice to the e-mail address of the third party supplier with copy knowledge to firstname.lastname@example.org.
In case of withdrawal exercised correctly, the Owner will reimburse the Consumer User the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated to withdraw from the contract.
In case of a request for the provision of a service, the Consumer User acknowledges and agrees to lose the right of withdrawal after the full provision of the service if the service has started with his express agreement and with the acceptance to lose the right of withdrawal after the service has been performed, pursuant to art. 59, letter a) of the Consumer Code. In addition, the Consumer User acknowledges and agrees to lose the right of withdrawal if he has requested that the service begin during the withdrawal period, pursuant to art. 51, paragraph 8.
If the service has not been fully performed and the Consumer User wants to withdraw from the contract, he is still obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Owner an amount proportional to what has been performed until the moment in which he exercised the right of withdrawal.
- Exclusion of the Consumer User’s right of withdrawal
The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is relatively excluded:
- the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of execution
In cases of exclusion of the right of withdrawal, the Owner will return the purchased Products to the User, charging the shipping costs.
For further information please contact the Owner at the e-mail address email@example.com
- Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights related and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or nominative trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content related to the Application are and remain the property of the Owner or its licensors and are protected by the laws in force on trademarks and related international treaties.
The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise regulated.
Any reproduction in any form of the explanatory texts and the Contents of the Application, if unauthorized, will be considered an infringement of the Owner’s intellectual and industrial property rights.
- Warranty Disclaimer
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 the Owner provide any guarantee that the Application will meet the Users’ needs or that it will never be interrupted or error free or that it will be free of viruses or bugs.
The Owner will make every effort to ensure that the Application is available continuously 24 hours a day, but cannot be held liable in any way 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 completely beyond the Owner’s control or due to force majeure events.
- Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet network beyond his or her control or that of his or her suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to perform 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 does not assume any responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, name of the owner, password, etc.).
The Owner will not be responsible for:
- any loss of commercial opportunity and any other loss, even indirect, suffered by the User that is not a direct consequence of the breach of contract by the Holder
- incorrect or unsuitable use of the Application by Users or third parties
- the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
Under no circumstances can the Owner be held liable for a sum exceeding double the cost paid by the User.
- Force Majeure
The Owner may not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the Owner’s reasonable control due to force majeure events or, in any case, unforeseen and unforeseeable events beyond its control.
The performance of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
- Link to third party sites
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may link to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by third parties will apply to the individual services, for which the Owner assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
Any dispute relating to the application, execution and interpretation of these Conditions will be referred to the Court of Milan.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the procedures and formalities for its communication and the legal guarantee of conformity.
- Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and the provision of services stipulated on the Internet. Consequently, the Consumer User may use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/