Condizioni di Vendita

 GENERAL TERMS AND CONDITIONS OF SALE ONLINE
 

These general terms and conditions of sale regulate distance selling and buying via the App (hereinafter the “App”) of admission tickets, as defined below, sold by Vittoria Park s.r.l., a company with registered office in Brembate (BG), Via Liguria, 8, Tax Code and VAT no. 04621540162, tel. 0354993911 (hereinafter “Vittoria”) to access the Vittoria Bike Park (hereinafter the “Bike Park”). In particular, the offer and sale of admission tickets via the App constitutes a distance selling contract governed by Legislative Decree no. 206 of 2005 (hereinafter the “Consumer Code ”) in Chapter I, Title III, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70 of 2003 (hereinafter the “General Conditions-”).

 
1.     DEFINITIONS
1.1.For the purpose of these general conditions the following definitions shall apply:
Vittoria: is a company operating in the entertainment sector and manages the Bike Park in Brembate, via Liguria, 1;

Customer: a natural or legal person who buys admission tickets via the App under these General Conditions. For the purposes of these General Conditions, "Customer" also means the natural person who purchases an Admission Ticket (as defined below) free of charge (the, “Visitor”)

Contract: this contract refers to the admission tickets offered via the App to the Customer as part of the distance selling activities without the physical presence of Vittoria and the Customer and only through the use of distance communication means until the conclusion of the Contract itself. 
Parties: Vittoria and the Customer;

Admission ticket: the electronic ticket that entitles the Customer to access the Bike Park during the period and/or day as specified and represented by a QR code. The Admission Ticket is the physical means of taking advantage of the leisure service subject of the contract entered into by the Parties.
 
2.     CUSTOMER INFORMATION NOTICE
2.1.Pursuant to Art. 49 of the Consumer Code the information deemed mandatory for the distance selling contracts entered into between Vittoria and a Customer is summarised below.
2.2.The identity, registered office and contact details of Vittoria in its capacity of supplier of the Admission Tickets on sale via the App are as follows:

Vittoria Park s.r.l.
Registered office: Via Liguria, 8 Bremabte (BG)
Share Capital: 10.000,00 Euro 
Tax Code and VAT no..: 04621540162
Tel. 0354993911
Email: info.vittoriapark@vittoria.com 
PEC: vittoriapark@legalmail.it   
URL: www.vittoria.com
 
2.3.The registered office is assumed - also pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code - as the address for submitting a Customer complaint.
2.4.Vittoria shall respond to complaints by email and/or telephone within 15 working days of receipt at the latest.
2.5.The different types of Admission Tickets are displayed directly on the App; the Customer will be able to view them before the purchase is made.
2.6.Vittoria reserves the right to change/amend the information and prices of the admission tickets, even without prior notice. 
2.7.Each Admission Ticket shall indicate the following information:
1.     availability, since it is a fixed-date ticket and the price including all and any charges due to the Customer;
2.     the validity of the Admission Ticket (such as the date or period of validity);
3.     the procedures concerning the delivery, payment and performance of the purchase contract;
4.     useful information to contact Vittoria.
 
3.     INFORMATION RELATED TO THE CONCLUSION OF THE CONTRACT AND THIRD PARTY LINKS
3.1. The publication in the App of these General Conditions is intended as the presentation of the information (under art. 49 of the Consumer Code) on a durable medium supplied to the Customer under art. 51 of the Consumer Code and by means of the same, Vittoria complies with its obligation to provide such information.
3.2. These General Conditions do not govern the sale of products and/or services by any subjects other than Vittoria, even those who may be visible on the App via links, banners or other hyperlinks. Vittoria is under no circumstances responsible for the provision of services and/or the sale of products by such parties. Vittoria does not control and/or monitor any of the websites accessible via such links, and is not responsible for the contents of such websites or for any errors and/or omissions and/or violations of law by the same.
 
4.     CONTRACT CONCLUSION PROCEDURE
4.1. The Contract between Vittoria and the Customer shall be concluded solely electronically via the Internet in distance selling mode, through the Customer’s access to the App whereby the Customer concludes the purchase of the Admission Ticket following the procedures indicated therein. The Customer is aware that an Internet connection is required in order to access the App, the costs of which are borne by the Customer in accordance with the terms established by the connection provider.
4.2. Vittoria reserves the right to update, integrate or amend these General Conditions at any moment in time. Any changes shall enter into force from the time they are published on the App in the “Terms and Conditions” section. Customers are therefore recommended to access the App and consult the latest version of the General Conditions of Sale before making a purchase. The submission of the order form, as set out below, therefore implies full knowledge of such conditions, and the express and complete acceptance of the same, also under art. 1341 and 1342 of the Italian Civil Code.
4.3. The Customer expressly declares that the scope and purpose of any purchases made are not related to commercial , entrepreneurship or professional business activities.
4.4. In order to complete the purchase of the Admission Ticket via the App, the Customer, whose personal data are processed in accordance with Legislative Decree no. 196/2003 (“Privacy Code”) as amended by Legislative Decree 101/2018, and Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) shall be required to complete an order form in electronic format –– following the wizard that will appear on the App each time, after due registration.
4.5. When completing the order form, the Customer may also book the rental of sports equipment as described in Article 9 below, to which the terms and conditions of this document shall apply, where applicable. 
4.6. Prior to submitting the order form, the Customer will be asked to verify and confirm the accuracy of the data entered; if the system detects any errors related to omissions of data in mandatory fields on the order form, it will automatically notify the Customer. The Customer will also be asked to check the contents of the shopping cart, in a summary of the cart showing the details of the Customer and Vittoria, the price of the Admission Tickets, the price for the rental of any sports equipment, any ancillary charges, the delivery instructions for the Admission Tickets and any sports equipment rented, the terms and conditions of payment, the execution of the purchase contract and the processing of the purchase order.
4.7. Before confirming the purchase order by clicking on the “Go to Checkout” button, a screen containing the General Terms and Conditions will pop-up for the Customer to review. After reading the same, the Customer shall also be obliged to flag the following declarations: “I declare to have read and accept the General Terms and Conditions of Sale” and “I declare to have read and expressly accept the following mandatory clauses: article 2.6 (“Changes in information and prices of Admission Tickets”); article 4 “Contract conclusion procedure); article 5 (“Admission Ticket payment procedure”); article 6 (“Acquisition of Admission Tickets”); Article 7 (“Price and validity of Admission Tickets”); Article 8 (“Liability and prohibited actions”); Article 9 (“Bike Rental Conditions”); Article 10 (“Right of withdrawal”); Article 12 (“Governing Law and Jurisdiction”). By means of these point&clicks, the Customer declares to knowingly accept the content and conditions of the purchase order in question and, in particular, these General Terms, as well as the purchase and payment terms and conditions. Upon confirming the purchase order by clicking on the “Go to checkout” button, the Customer confirms to acknowledge and accept the additional information contained in the App, the cookies policy and the GPDR Information Notice, which can be viewed respectively at the following links: https://www.vittoria.com/ww/en/privacy-policy-vittoria-park
4.8. At this point the Customer may proceed to the payment process, pursuant to art. 5 below, following which the Customer will receive a summary email as illustrated in art. 5.3 below.
4.9. The purchase of Admission Tickets via the App is only permitted to users defined as consumers by the Consumer Code. Natural persons are allowed to purchase such Admission Tickets on the condition that they are 18 years of age, or if between 14 and 18 years of age, provide proof of authorisation by holders of parental responsibility by means of a procedure dedicated to that group of users.
4.10. Vittoria reserves the right to refuse or cancel orders that are placed by (i) a user with whom it has a legal dispute; (ii) a user who has previously violated these General Conditions and/or the terms and conditions of the Contract and/or its Internal Regulations; (iii) a user who has been involved in any kind of fraud, in particular credit card fraud, or ticket touting fraud; (iv) users who have issued false, invented, fictitious, incomplete or otherwise inaccurate identification information, which is in any way inconsistent with the truth or which refers to third parties, or those who have not promptly sent Vittoria the documents requested by the same as part of the payment process or have sent submitted invalid documents.
 
5.     ADMISSION TICKET PAYMENT METHODS
5.1  Payments by Customers must be effected via one of the methods indicated in the App, i.e.:
i.               Credit Card: Mastercard, Visa, American Express, and Maestro only. The name of the order paid by credit card must coincide with the name on the card used for payment;
ii.             PayPal, to use this payment method you must have a PayPal account and follow this procedure:
·      select the PayPal payment method;
·      once you are on the PayPal page, log in and confirm your payment;
·      when payment has been confirmed, you will be redirected to the App to complete your order; 
iii.            Satispay, subject to registration following the relative instructions therein .  
5.2  The total amount due will be charged at the time the order is submitted at the end of the payment process.
5.3  At the end of the transaction, the Customer will receive an email confirming the purchase and relative payment, i.e. an order confirmation containing: the general details of the Admission Ticket, indication of any sports equipment rented, a detailed indication of the price, the method of payment selected and a summary of these General Conditions and details, i.e. the link where they can be viewed and printed; the electronic Admission Ticket purchased (QR code) will be sent as an attachment to the email.
5.4  If payment authorisation is refused, Vittoria will not be able to send the Admission Tickets and shall not be liable for any delay or non-delivery of the same.
5.5  Visitors shall also purchase their Admission Tickets in the manner described in these General Conditions and, in particular, pursuant to art. 5 herein, although the purchase is free of charge, i.e. no exchange of payment. 
 
6.     DELIVERY OF ADMISSION TICKETS
6.1  The purchased Admission Tickets shall be delivered to the Customer in the manner set out in art. 5.3 above (i.e. in electronic format represented by a  QR code), subject to payment of the costs due but without any additional charge. 
 
7.     PRICE AND VALIDITY OF ADMISSION TICKETS
7.1  Unless otherwise stated in the order confirmation, the price specified is that established by Vittoria, published on the App and corresponding to the price indicated on the Admission Ticket itself.
7.2  Since the Admission Tickets are purchased for a specific date, this date can not be changed once they have been purchased.
7.3  In the event of any change in costs or other elements or circumstances affecting the price, Vittoria reserves the right, at its sole discretion, to change the price of the Admission Tickets.
7.4  The Admission Ticket must be kept and presented in the event of any checks conducted during the time spent by Customers at the Bike Park. In the event of any lack of correspondence between the Customer and the name on the Admission Ticket as a result of such checks, Vittoria reserves the right to remove the Customer from the Bike Park.
 
8.     RESPONSIBILITIES AND PROHIBITED ACTIONS
8.1  The Customer acknowledges and agrees that in all cases of any interruption or suspension of the App, for whatever cause or reason, Vittoria shall not be held responsible to the Customer and/or any third party for the non-use and lack of fruition of the same, of which it does not guarantee continuity; accordingly, the Customer hereby acknowledges and accepts that no such claims can be lodged against Vittoria for compensation and/or damages in this regard.
8.2  The Customer is required to consult the Bike Park calendar and opening/closing times on the App. Vittoria reserves the right to change the Bike Park opening/closing dates and time at its own discretion. Vittoria also reserves the right to close, remove or change, or restrict access, at any time, to the Bike Park facilities/features for maintenance, safety and/or other operational reasons. The Customer acknowledges and expressly consents to the fact that he/she shall not be entitled to any refund of the amount paid if the Bike Park is not accessible, for any reason, during the term of the Contract, or if one or more of the facilities/features are closed for maintenance, safety and/or other operational reasons.
 
 
9.     BIKE RENTAL CONDITIONS
9.1  Under these General Conditions, Vittoria also offers the option to the Customer distance purchase the rental service of sports equipment (hereinafter the“Equipment”), as indicated and described on the App. The contract shall be concluded by the Customer by accessing the App and making an Equipment rental booking order as per the procedure below. The rental and collection of the Equipment booked on the App shall take place exclusively at the Bike Park upon presentation of the Admission Ticket which shall also indicate the booking of the Equipment. 
9.2  Before concluding the Equipment rental contract, the Customer undertakes to review the features of the Equipment illustrated on the App.
9.3  Before confirming the purchase order by clicking on the “Go to Checkout” button, if the Customer has selected the Equipment rental service, the following information will be displayed:
(I)   total rental price of the equipment including tax;
(II) payment method  (notwithstanding article 5 above);
(III) duration of the rental contract.
9.4  The rental Equipment available is described on the App.
9.5  Equipment availability refers to the actual availability at the moment in which the Customer makes the booking. However, this availability should be considered as solely indicative given that:
A)   the Equipment may have been booked by other Customers prior to confirmation of the booking, due to the simultaneous presence of several users on the App;
B)   there may be an IT fault whereby Equipment that is not actually available for rental is displayed as available.
9.6  Situations of partial or total unavailability of Equipment may occur also after the sending of the summary email of the purchase effected under art. 4.9 above. In this case, the booking shall be corrected automatically with the elimination of the unavailable Equipment and the Customer shall be notified immediately by email/phone. The Customer will also receive information on how and when any amounts already paid will be refunded.
9.7  The Customer shall return the Equipment at the end of the activity and no later than 1 (one) hour from the validity time of the Admission Ticket.
9.8  The Customer undertakes, on his own behalf and on behalf of the user persons, to ensure that the Equipment is selected and used, in accordance with the requirements of use, paying due care and attention, without endangering any third parties, in accordance with the regulations in force, whereby the same shall not be sub-rented, transferred or pledged in any form or manner. 
9.9  The Customer shall be responsible for looking after and use of the rented Equipment from the time it is collected and until it is returned.
9.10  The Customer shall be deemed solely and exclusively responsible in the event of damage to, theft or loss of the rented Equipment, whatever the reason and/or cause.
9.11  In the event that the Customer does not return all or part of the rented equipment, the Customer shall pay Vittoria the commercial value of the unreturned equipment, in addition to the rental cost. In the event of theft of the rented Equipment, the Customer shall report the incident to the competent authorities and notify Vittoria immediately in writing, notwithstanding the obligation to pay the commercial value of the unreturned equipment.
9.12  The Customer shall report any reservations regarding the condition of the Equipment to Vittoria or to the persons distributing the Equipment at the time of collection. Only claims reported at the time of collection of the Equipment will be accepted.
9.13  The Customer undertakes to return the equipment in the same condition it was at the time of collection, except for effects of normal wear and tear.
9.14  The Customer shall be liable for any damage to the equipment caused by carelessness, negligence, or recklessness. By virtue of such liability, the Customer shall pay Vittoria the costs incurred to clean, repair or fully replace the Equipment. 

 

10.  RIGHT OF WITHDRAWAL
10.1  With regard to the purchase of the Admission Tickets, Vittoria informs the Customer that, as the provision of services relate to leisure activities with a specific date or period of performance, as indicated on the Admission Ticket, pursuant to art. 59 par. 1(n) of Legislative Decree no. 206/05 et seq. the Contract does not envisage any right of withdrawal clause, in accordance with art. 52 of the same. 
10.2  The Customer shall therefore not be entitled to exercise any right of withdrawal on the purchase of any Admission Tickets.
10.3  Furthermore, the Customer shall not be entitled to exercise any right of withdrawal on the purchase of the rental service of any Equipment pursuant to art. 9 above.
 
11.  PROCESSING OF PERSONAL DATA
11.1Vittoria protects the privacy of its Customers and is committed to observing and complying with all applicable laws and regulations regarding the protection of personal data and, in any case, Legislative Decree no. 196/2003 (“Privacy Code”) as amended by Legislative Decree 101/ 2018 of Regulation (EU) 2016/679) (General Data Protection Regulation“ GDPR”).
11.2Vittoria issues specific information to its Customers, which can be found at the following link [•], concerning the processing of personal data collected in its capacity as Data Controller.
 
12.  GOVERNING LAW AND JURISDICTION
12.1The Italian Law is the sole law applicable to the Sales Contracts governed by these General Conditions. In particular, these General Conditions are governed by the Consumer Code with specific reference to the legislation on distance contracts, and Legislative Decree  no. 70 of 9 April 2003 on e-commerce.
12.2For any dispute arising in connection with/in relation to these General Conditions or with orders placed or sales contracts entered into between Seller and Customer, the court granted jurisdiction shall be that identified in Article 66-bis of the Consumer Code, i.e. the court of the consumer’s place of residence or domicile, If located within the territory of the State. 
 
13.  COMMUNICATIONS
13.1Written communications addressed to the Seller shall only be taken into consideration if sent to the following addresses: info.vittoriapark@vittoria.com.
 
14.  UNFAIR CLAUSES.
14.1Under arts. 1341 and 1342 of the Italian Civil Code. the Customer declares to specifically accept the following articles of the General Terms and Conditions of Sale:
article 2.6 (“Changes in information and prices of Admission Tickets”); article 4 “Contract conclusion procedure); article 5 (“Admission Ticket payment procedure”); article 6 (“Acquisition of Admission Tickets”); Article 7 (“Price and validity of Admission Tickets”); Article 8 (“Liability and prohibited actions”); Article 9 (“Bike Rental Conditions”); Article 10 (“Right of withdrawal”); Article 12 (“Governing Law and Jurisdiction”)