ONLINE SALES GENERAL CONDITIONS
1 – General Information and object of the agreement
These General Terms and Conditions of Sales (hereinafter “General Conditions”) are in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on the services of the information society and electronic commerce and the Legislative Decree n. 206 of 06.09.2005 (so-called Consumers Code), and, in particular, to Chapter I of Title III of Part III (articles 45 to 67), and have as their object the online offer and sale of access (hereinafter the “Entrance Tickets”, also in the singular declination “Ticket”,) to the 2018 edition of the “Porto Cervo Wine Festival” event (hereinafter the “Event”) through the website http: // www. pcwff.com (hereinafter referred to as the “Site”). The Entry Tickets advertised on the Site are sold by Sardegna Resorts s.r.l., with registered office at Casa Il Ginepro, 1 / a 07021 Porto Cervo – Arzachena, C.F. and VAT number C.F. and VAT number n. 03873060960, REA number: SS147867, owner of the Website and managed by it.
2 – Scope of Application
2.1 These General Terms and Conditions apply and govern all sales agreements for entry tickets concluded through the Site with Sardegna Resorts s.r.l., as identified above, hereinafter “the Seller”.
2.2 The General Conditions may be modified at any time; therefore, each User is obliged to consult the aforementioned, before proceeding with each purchase.
2.3 In any case, each sale will be applied the version of the General Conditions in force at the date of sending the purchase order.
2.4 The General Conditions apply regardless of the User’s nationality.
2.5 The User undertakes to examine, before the conclusion of the agreement, these general conditions of sale.
2.6 The on-line publication on the Site of these General Conditions and the confirmation of the purchase order provided through the Website to the User as indicated in the following art. 3.9 and 3.11, are valid as “confirmation of the agreement concluded on a durable medium” pursuant to art. 51, paragraph 7 of Legislative Decree n. 206/2005 (“Consumer Code”).
3 – Purchases on the Website
3.1 The purchase of the Entry Tickets on the Site is reserved exclusively to individuals acting as consumers and who are more than eighteen years old.
3.2 Consumer means any individual acting for purposes unrelated to any commercial, entrepreneurial, handicraft and professional activity carried out (hereinafter also “User”).
3.3 The purchase made through the Website implies full knowledge and acceptance, without reservations, of the General Conditions.
3.4 To purchase online the User must fill in the appropriate login form on the Site;
3.5 It is forbidden for the User to enter data, in whole or partially, untrue; the personal data and e-mail communicated must therefore be personal and real, and not of third parties and/or fancy ones.
3.6 The User, with the completion of the login form, certifies, under his sole responsibility:
- the correctness and truthfulness of the data required for the activation of the service;
- having completed eighteen years of age;
iii. to act as a consumer.
3.7 Once the login form has been filled in, the User must complete the electronic order form prepared by the Vendor and send it electronically, following the instructions shown on the Site.
3.8 As foreseen by the art. 51 paragraph 3 of Legislative Decree no. 206/2005, the specific function for submitting the order shows the specification “Order with pay obligation”.
3.9 To complete each order, the User is required to confirm the payment transaction of Entry Ticket price inserted in the cart; for this purpose, at the end of the procedure when choosing the Entry Ticket and confirming the User’s data, the Site redirects to the page of the company which manages the payment transaction. In this way, the transaction takes place exclusively in the banking company area so the Seller has no access to the data of the buyer’s credit card.
3.10 Orders that do not register the corresponding payment transaction are canceled automatically.
3.11 Upon receipt of confirmation of the validity of the payment method shown in the order and confirmation of the same order, the Seller will send to the User, by e-mail and to the e-mail address provided during login, a written confirmation of the order, as regulated by the art. 51 paragraph 7 of the Legislative Decree n. 206/2005.
3.12 The User is always required to keep the order number that has been communicated by the Seller, as it must be indicated in any communication with the Seller.
3.13 The language available to finalize tickets sale through this site is Italian.
3.14 The User agrees, once the online purchase procedure is completed, to keep the General Conditions which, moreover, would have been already viewed and accepted, as a required step in the purchase procedure.
3.15 In the event of non-acceptance of the order, the Seller will promptly notify the User by e-mail.
4 – Prices, Purchase Conditions and Payment Methods
4.1 The sales prices of the Entry Tickets are those published on-line at the time the order is completed and are inclusive of VAT; prices are expressed in euros.
4.2 Payment of the Entry Tickets can only be made in the following ways: – PayPal;
4.3 The sales price is charged at the time the order is concluded.
4.4 The offer of the Entry Tickets through the Site constitutes an “Offer to the public” pursuant to art. 1336 cc; duly filling in and sending the order through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller has knowledge of the User’s acceptance, represented by the order form above mentioned.
5 – How to receive the Entry Tickets
5.1 The purchased Entry Tickets can be collected at the Event ticket office, on the chosen day, from h.15.00 to h.18.00, upon submition of the following documentation: a) written confirmation of the order referred to in paragraph 3.11; b) copy of the purchaser’s identity document; b) copy of ID of the person in charge of tickets collection, in the event is different from the purchaser.
5.2 In any case, the Vendor will not handle the Entry Ticket in the event that the written confirmation of the order is lost, deteriorated, damaged or destroyed or if the above written confirmation of order has been stolen or is also partially illegible when presented by the customer as not in mint condition.
6 – Termination
6.1 The User acknowledges that the agreement relates to the supply of products and services relating to leisure time, which the Seller undertakes to provide at a specific date or in a period of execution, and therefore, pursuant to art. . 55, paragraph 1) letter b) of the Consumer Code, THE RIGHT OF TERMINATION provided for by art. 52 of the same Code does not apply.
7 – Event postponed or cancelled
7.1 In the case of postponement or cancellation of the Event, the Seller will inform the User about the actions that has been adopted in terms of reimbursement or replacement of the Admission Tickets related to the Event postponed or canceled.
7.2 Entry Titckets relating to the Event can not be exchanged with Entry Tickets related to other Events organized by the Seller.
8 – Privacy
8.1 The Users’ data are processed in compliance with Legislative Decree 196/2003 (Privacy Code), as specified in the information on the processing of personal data given to the User on the Website.
9 – Customer Service, Claims and Communications
9.1. User can contact the following addresses for any further information or assistance or to make claims:
Sardegna Resorts s.r.l., Casa Il Ginepro, 1 / a 07021 Porto Cervo – Arzachena
or ask for more info via email:
Fax:+ 39 (0789) 931707
Telefono: + 39 (0789) 939456
9.2 All communications that according to the General Conditions are made by e-mail will be sent to the address communicated by the User during the Login.
10 – Applicable Law and Competent Court
10.1 The sales agreement concluded pursuant to the General Conditions is governed by Italian law.
10.2 For any controversy that may arise on the interpretation of the General Conditions and the execution of the agreement concluded in accordance with the aforementioned, the Court competent will be the one in the place of residency or domicile of the User, in the event the consumer is resident or domicile in Italian territory. If the User is not resident or has no domicile in Italy, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the agreement concluded pursuant to the aforementioned, the Court of Tempio Pausania wil have exclusive jurisdiction.
11 – Prohibitions
11.1 Entry Tickets may not be used for political, commercial, advertising or other promotional reasons (such as, for example, competitions or lotteries prizes). The User who uses the Entry Tickets in violation of this provision will be responsible for the damages caused by their behavior in any appropriate court.
11.2 It is forbidden for the User to transfer the Entry Titcket against payment and to let the Entry Ticket be the object of any transaction whatsoever.