GENERAL TERMS AND CONDITIONS OF SALE (GENERAL CONDITIONS)
I. Purpose of service and definitions
I.1 Tavole Italiane s.r.l. (hereafter the “Company”) is a company operating in the spheres of entertainment, amusement and so-called local liveability services, offering culinary tours and wine and food tasting events in selected restaurants (“Tavole Romane Food Tours”, and hereafter only “Food Tours” or “Food Tour” when referring to a single service).
I.2 The Company makes use of the support of persons (hereafter “Tour Leaders”) that have the job of guiding the aforementioned Food Tours. For Food Tours that include a visit to artistic-cultural heritage sites, the Tour Leader will be a licensed tourist guide certified with the Province of Rome.
I.3 A “Consumer” is a person that purchases the right to participate in one or more “Food Tours” for non-professional ends, as well as any person, possibly to be named, that meets all the conditions required to use the service, on behalf of whom the main contracting party pledges to acquire, without being paid to do so, the aforementioned “Food Tour”.
I.4 ”Microbusinesses” (“microimprese”), in accordance with art. 18, paragraph 1, lett. d) bis of Legislative Decree n. 206/2005 (so-called “Consumer’s Code”), are defined as the: “entity, partnership or associations, which, regardless of the legal form are engaged in economic activities and other activities on an individual or family basis”.
I.5 By purchasing and/or participating in “Food Tours” offered by the Company through the website http://www.tavoleromane.it/ and relative subfolders (hereafter the “Site”), the “Consumer” confirms that he has read, understood and agreed to these contract general terms and conditions (“General Conditions”) governing relations between the Consumer and the Company for the purchase of Food Tours.
I.6 This agreement may be entered into solely through the Site, consequently via the “Internet” with an online sales system called “e-commerce”, and a payment system based on the PayPal digital channel. The contract shall be stipulated by the Company, registered office in Rome, and the Consumer making the purchase online for reasons not connected with his professional, commercial or entrepreneurial activity (pursuant to the provisions of art. 3 of the so-called Consumer Code, Legislative Decree 206/2005).
I.7 The purchase is deemed to be complete upon reception of an email, confirming the purchase and including the invoice, (hereafter “Voucher”) on the part of the Company coming from the email address email@example.com (hereafter “Email address”), containing details of the purchased service and data regarding the receipt. The purchase confirmation notice sent by the Company provides a link to these General Conditions.
I.8 The Company reserves the right to modify and/or add to the General Conditions at any time. Any new General Conditions will take effect from the time of publication on this html page of the Site, and will apply only to sales completed at a later date. For purchases already effected, the version given in the link of the purchase confirmation notice shall be applicable.
I.9 Food Tours can be viewed online at the Site in specific factsheets (hereafter “Catalogue”) from which the Consumer can choose the Food Tour to be purchased in a given area, date and time. The Consumer may purchase the Food Tour he wishes and effect the payment for himself or for persons to be named.
After the purchase the Consumer will receive two email messages: one confirming Paypal authorisation of the payment and another confirming the service order and relative payment from the Company, with issue of a Voucher.
The prices of Food Tours are given in the Catalogue and, unless otherwise stated in writing, are inclusive of VAT.
III. Payment methods
The Consumer must follow the payment procedure indicated on the Site. The payment is via PayPal’s online payment gateway, one of the world’s most used instruments for the purchase of goods and services via e-money, thanks in part to the security measures adopted.
Upon completion of the order the Consumer is directed to the PayPal page. The amount of the order is charged to the PayPal account or the selected payment instrument following the relative payment procedure.
For each transaction the Client will receive an email confirming the payment from PayPal and subsequently a Voucher from the Company to the email address communicated by the Consumer, who hereby authorises its sending. The agreement shall be deemed to be complete upon reception of the confirming Voucher. The email automatically sent by PayPal is thus not in itself sufficient to ensure that the Company has received the order correctly. The Voucher from the Company gives the Date and Time when the Food Tour will take place, an ID code (“Object code”) to be used for every subsequent communication with the Company and the data entered by the Consumer. The Consumer undertakes to check the correctness of entered data and to promptly communicate any corrections and/or changes via email to the contacts specified in art. X (Complaints and other communications).
Payments shall be in Euro.
The Company shall not be held liable for possible Site transmission and communication errors deriving from the technological infrastructure used, hosted c/o Aruba S.p.A. (service called “Hosting Linux”) or deriving from the PayPal payment channel. If no email is sent by the Company, the service should not be considered to have been purchased; in such cases the Consumer is advised to contact the Company to seek an explanation.
During the booking and payment procedure the Consumer is required to expressly agree to the conditions of use and privacy policies of PayPal (for a relative description go to the site https://www.paypal.com/), which are independent from those of the Company, and are in addition to the present general conditions with regard to payments.
If the order is cancelled, the full or partial amount will be refunded, when applicable (refer to art. IV and art. V), using the same instrument used by the Consumer for the PayPal payment. It is possible to cancel the order until it attains “Confirmed” status, after which only the refund procedure can be followed in accordance with the provisions of art. V.
If he uses a PayPal account the Consumer may check the order status by logging onto the personal area and clicking on “Management of Accounts and Orders”. Once the request to cancel the transaction has been made, under no circumstances may the Company be held liable for possible damage, direct or indirect, caused by delays in releasing the amount allotted by PayPal.
Details of the Consumer’s credit card are handled solely by PayPal, and are not given to the Company at any time during the payment procedure.
IV. Consumer’s cancellation options and penalties
The Consumer may cancel and/or revoke the purchase by communicating this intention in writing.
The amount paid will be refunded in full if the communication is received at least ten 10 days before the date on which the Food Tour is scheduled to take place.
In the event of cancellation and/or revocation in the period from 10 days to 2 days prior to the date of the Food Tour, the Company will refund 50% of the amount paid.
In the 48 hours prior to the Food Tour no refund will be given in the event of cancellation and/or revocation.
Refunds shall be effected via PayPal within the time frames governed by conditions agreed upon directly by the Consumer and PayPal at the time of authorisation of the payment.
The communication should be sent to the Company’s email address, indicating:
- The number of registered persons and relative names for whom the cancellation is requested
- Name of the booked Food Tour, date of booking and scheduled Tour date
- Service code
- Amount paid
The cancellation is deemed to be complete only when a confirming email from the Company is sent.
V. Cancellation and changes on the part of the Company
The Company is entitled to cancel and/or change the details of a Food Tour in the following cases:
a) failure to reach a minimum number of participants as indicated in the Catalogue
b) reasons of force majeure
c) unforeseeable circumstances
d) sudden unavailability of the Tour Leader in the 24 hours prior to the Food Tour
If the event is cancelled for one of the above reasons the amount paid for the purchase will be refunded in full.
Under no circumstances will the cancellation of the event entitle the Consumer to file damage claims or seek an indemnity other than that paid for the cancellation.
Possible cancellations and/or changes will be communicated by the Company as soon as possible via the contacts (email and telephone) specified by the Consumer at the time of the PayPal payment.
Even if it is not possible to contact or notify the Consumer prior to the scheduled time of the Food Tour, only the amount paid by the consumer will be refunded.
VI. Right of withdrawal
The Consumer is not entitled to withdraw from the transaction pursuant to the provisions of art. 55, paragraph 1, letter b), of Legislative Decree 20 of 6/9/2005 (so-called Consumer Code), however he is entitled to cancel the purchase further to article X below.
VII. Obligations of the Consumer and guarantees given
During the staging of the Food Tour participating Consumers must carry valid ID documents, and will have to maintain conduct in keeping with generally agreed rules of civil behaviour, and with State, regional and/or local laws and by-laws.
The Company and Tour Leaders reserve the right to exclude from the Food Tour any Consumer that, in their personal, indisputable and subjective opinion, fails to comply with the above social rules.
The Consumer shall guarantee, assuming any and all liability and releasing the Company and related Third Parties involved in the provision of Services from any harmful consequence, that the data provided at the time of acceptance of these general conditions are truthful and make it possible to know the true identity of the Consumer that has purchased the Food Tour and of the Consumer participating in the Tour, and also undertakes to immediately inform the Company in writing via email of any changes to the data provided.
If purchasing for another person, to be named, the Consumer undertakes to inform the Consumer participating in the Food Tour of these General Conditions, which shall be deemed to have been read, understood and agreed upon by the latter.
VIII. Limitations of liability
The Consumer hereby declares he is in good health and does not suffer from minor or serious physical or mental illnesses, dysfunctions or disabilities that would expose him to the risk of damage or activity limitations during the performance of activities offered by the Company.
The Consumer fully appreciates and accepts the risks associated with his participation in Food Tours, which include, by way of example and not exhaustively, exposure to adverse weather, theft, indigestion, consequences resulting from lowered food tolerance, injuries (again by way of example injuries caused by inappropriate behaviour of Consumer or other participants, automobiles, other means of transport or pedestrians).
The Consumer hereby grants the Company and the Company duly accepts the irrevocable right to use, directly or indirectly by means of third parties, photographs, images and/or videos taken during Food Tours for all commercial and non-commercial ends, without any obligation towards or remuneration of the Consumer, without prejudice to the Consumer’s right to expressly ask not to be filmed or photographed, or to move away from the zones where photographs, videos, etc. are being taken.
The Consumer will take part in Food Tours at his own exclusive risk. Now and in the future, the Consumer shall unconditionally absolve from any and all liability the Company, its shareholders, directors, collaborators, partners and suppliers in relation to all complaints, legal actions, damage claims, debts, costs and expenses deriving from or relating to participation in Food Tours, even if damage is caused by negligence, carelessness and/or lack of expertise of the Company or of any other party involved through the Company.
The Company shall not be held liable for any damage caused by the Consumer to persons and/or things (including artistic heritage items) and/or places (including restaurants and eateries in general) due to deliberate or accidental actions.
The Company shall not be held liable for possible Site errors or omissions, and reserves the right to make due changes in such circumstances. The texts, photographs, images and videos contained on the Site are purely indicative, and may not always correspond to what the service actually offers. Accordingly the Company may not be held liable for any errors deriving from this explanatory information. The Company also guarantees the correctness of the event venue, time and duration of the service.
No point of these limitations of liability can be removed or modified without the express written consent of the Consumer and of an official representative of the Company (shareholder and/or director vested with due powers).
IX. Complaints and other communications
For all complaints, information, suggestions and any other communication please contact the Company, preferably via email, at: firstname.lastname@example.org. For communications in Certified Email (PEC) mode the relative email contact is: email@example.com.
The Consumer hereby agrees that that notifications and communications regarding all online services are effected by the Company in digital format (email), acknowledges their complete validity and expressly agrees not to refuse to acknowledge the content of declarations sent and/or received in digital format.
Tavole Italiane s.r.l. is a company governed by Italian law, based in Rome in (VAT number and Tax code 11480301008 R.E.A. RM – 1305897).
X. Applicable law
This contract is governed by Italian law. It is drafted in Italian; reference should be made to the Italian version even though it has been translated in English for informative purposes. All possible efforts have been made to ensure that the translation is correct.
In accordance with Legislative Decree 206/2005, for civil disputes regarding the validity, efficacy and execution of this contract, indisputable territorial competence lies with the Court of the Consumer’s place of residence or of domicile, if located in the Italian State, or with the Court of Rome if located outside the Italian State.
XI. Levelling of microbusinesses (“microimprese”) to Consumers
In accordance and in effect of art. 18, paragraph 1, letter d) bis of D.Lgs. n. 206/2005, these General Conditions are totally applicable also for microbusinesses, as above defined, that are levelled to Consumers also in terms of protections provided for by the Consumer’s Code (“Codice del consumo”).
In accordance with Articles 1341 – 1342 of the Civil Code the Consumer hereby declares he has specifically read and agreed to the clauses in the following articles of the online service of Tavole Italiane s.r.l.:
art. III Payment Methods, art. IV Consumer’s cancellation options and penalties, art. V Cancellation and changes on the part of the Company, art. VI Right of withdrawal, art. VII Obligations of the Consumer and guarantees given, art. VIII Limitations of liability, art. IX Complaints and other communications, art. X Applicable law.
Last updated by Tavole Italiane s.r.l. on 19th of May 2013