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VARIATIONS OF T&C
The present T&C define and regulate the general conditions of use of the Website and the Services provided to the User by GUARRACINO Eventi Società Cooperativa, as identified above, represented by the legal representative pro tempore (the "Company").
The use of the Website by each User, whether a Visitor User, a Registered User, an Occasional User, or a Subscriber, is subject to the terms and conditions of these T&C, even if the User does not utilize any of the Services or functionalities available therein.
For the purposes of this contract, the term "T&C" refers to the set of general rules for the use of the Website and the Services as well as the specific conditions governing the use of individual Services, including any document referred to herein or any other note, legal notice, information, or disclaimer published on the Website.
The Privacy Policy, the "Support" section, and any additional conditions listed in the various sections of the Website are to be considered an integral and substantial part of these T&C.
In these T&C, in addition to the terms defined elsewhere, the terms listed below will have the meaning attributed to each of them.
In particular:
Website – refers to the website accessible at the address www.guarracino.eu, but also all internet addresses (e.g., URLs, domain names, and pages) and/or the related application software for the use of the Services that the Company controls or manages and that are used to offer or provide the Services, as well as all mirrors, replacements, and backups and all web pages included in the sites.
Company – refers to GUARRACINO Eventi Società Cooperativa, as identified above.
Service – refers individually or collectively to any service and all functions associated with it offered on the Website either for free or for a fee and offered directly by the Company or by third parties with our contribution.
The term Service includes, in the absence of specifications, the Website and all paid services, functions, features offered within and made available to Users.
User – collectively refers to the Visitor User or Registered User or Occasional User or Subscriber and, in any case, anyone who uses or intends to use or utilize the Services or the Website.
Visitor User – refers to the User who browses the Website and/or uses the functionalities and/or Services made available to the general public without registering on the Website or subscribing to any Service.
Registered User – refers to the User who registers by providing personal information to obtain access to the use of the Service accessible only after registration on the Website.
Occasional User – refers to the Registered User who activates the Occasional Service under the conditions indicated in these T&C.
Products – the Products sold through the Website to the Users.
VARIATIONS OF T&C
The Company reserves the right to update, supplement, and modify in whole or in part the terms of these T&C and each of the documents referred to herein, including the Privacy Policy, the Services and their respective features, as well as, by way of example and not exhaustively, the fees for the use of the Services published therein.
The User undertakes to periodically review the same, while the Company will take all reasonably necessary and appropriate steps to inform the User, through the Website itself, of any changes to the T&C and/or the Services, as indicated below.
The changes to the T&C and/or the related Services will be effective from the moment of publication on the Website and will apply only to sales concluded thereafter.
The Company will inform Users of changes to these T&C or to the functionalities/limitations of the Services and/or their costs by publishing them on the Website and, for Registered Users, by sending a specific communication to the User's email address provided at the time of registration on the Website and/or subsequently.
The changes and updates will be deemed accepted by the Users by accessing the Site or using the Website after the changes have been published on the Website itself.
If the User does not agree with the changes made, they are invited not to use the Website and, if they are a Registered User, they may withdraw from the contract and proceed to delete their account in the "My Profile" section of the Website by clicking on "Delete Profile."
AGE AND RESIDENCE
The Website and the Services offered are intended for Users residing in the Italian Territory who have reached the age of 18 (eighteen).
The Service is provided automatically by computerized systems.
The User who intends to register or subscribe to the Service by proceeding with the Registration and subsequently selecting the Services guarantees that they are of legal age and that the personal data provided are truthful, correct, updated, and refer to the person who enters them or are entered with the consent of the third party, assuming full responsibility for the correctness and truthfulness of the information provided.
In the event of any changes to the data provided by Users, it will be the responsibility of the latter to inform the Company of the updates as soon as possible.
REGISTRATION ON THE WEBSITE. ACTIVATION OF SERVICES
Browsing some sections of the Website and using the Service offered within the Website are also accessible to Visitor Users for free.
The Company reserves the right to allow, even temporarily, Visitor Users to use the Service or access some areas normally reserved for Registered Users, Occasional Users, and/or Subscribers.
For the full and complete enjoyment of the Service offered by the Website, registration on the Website is necessary.
Registration Methods on the Website: In order to use the Services, the User is required to register by providing some personal information (hereinafter, the "Registration"), indicating a valid personal email address, and creating their own personal account (hereinafter, the "Profile"), following the registration procedure illustrated from time to time at the time of Registration, to allow the Company to have a sufficient purchasing profile to provide the Services.
Access to the Website is only allowed by using the username and password chosen during Registration.
The Registered User may at any time access their Profile to update or modify the entered data, including information related to their preferences. It is understood that the Registered User will be solely responsible for the truthfulness and updating of such information.
If the User does not complete the registration or authentication procedure after providing the email address and/or other data requested for Registration, the User may receive a limited number of communications inviting them to complete the registration process and describing the service for which the registration procedure was started, without prejudice to the User's right to withdraw from the contract and cancel from the Website by writing to info@guarracinoeventi.it with the subject "Cancellation Request."
The Registered User undertakes to provide a personal email address, which they guarantee to legitimately own and regularly access.
The Registered User also undertakes to promptly update their registered email address in the Account in case of changes.
Profiles registered with email addresses belonging to subjects other than the Registered User or with temporary email addresses may be deleted by Guarracino Eventi without notice. Guarracino Eventi also reserves the right to validate accounts where Guarracino Eventi has reason to believe the provided email addresses are not valid.
Activation of Occasional Service or Subscription Service: Following Registration on the Website by the Registered User, the Registered User will have the option to select the Services offered by the Website to be used as indicated in Article 5 (The Services).
In the case of selection of the Occasional Service or Subscription Service, for activation, the Registered User must indicate the delivery path for the Products purchased occasionally or by subscription.
Upon selection of the delivery path, the Registered User will be contacted by the Company for the final activation of the selected Services.
SERVICES: The Service offered by Guarracino Eventi to Registered Users, Occasional Users, and Subscribers is a service that allows: viewing the Products purchasable through the Website; selecting the Products that the User intends to order and purchase, either occasionally (Occasional Service) or by subscription (Subscription Service); using the Product transport service to the delivery address indicated by the User; paying the amount due to the Company for the purchase of the Products offered through the Website.
The Service can be purchased either occasionally (the "Occasional Service") or by subscription, that is, continuously and upon activation request by the Registered User until the Subscriber User requests suspension or deactivation or the supply ceases for other reasons highlighted below (the "Subscription Service").
SUSPENSION - DEACTIVATION AND CANCELLATION OF SERVICES
If the Subscriber User wishes to Suspend, Deactivate the subscription, or Delete the profile and the Occasional User wants to delete the profile, they must access their Account (section "My Profile" on the Website) and select the appropriate option "Suspend the Subscription" or "Deactivate the Subscription Service" or "Delete Profile" following the relative procedure illustrated from time to time at the time of selecting the option.
Subscriber Users must suspend or deactivate the Service by the weekly order closure date in the reference period indicated on the Website.
PRODUCTS
Public Offer: All Products and prices indicated in the Services constitute a public offer with the limitations and conditions contained in the Website itself and in these T&C.
Graphics: The illustrative photographs of the Products are merely representative and have the sole purpose of presenting the Products.
The Company consequently disclaims any responsibility and provides no warranty regarding the correspondence between the graphical appearance of the Products published on the Website and that of the delivered Products. Prices All prices include VAT.
The cost of delivery and service management is included in the final price of the Products.
ORDER ACCEPTANCE AND CONFIRMATION
The order sent by the Occasional User or Subscriber User will be binding for the Company concerned only if the entire order procedure has been completed regularly and correctly without highlighting any error messages from the Website.
Acceptance of the order entails the immediate charge of the amount for the Occasional User and the recurring charge on the credit card for Subscriber Users.
Upon acceptance of the order, the Registered User will receive confirmation via email and will view in their "Profile" the order placed and confirmed with a summary of the ordered Products and related prices.
For each order placed, Guarracino Eventi will issue an invoice for the shipped Products, which will be sent to the Registered User by email (pursuant to and for the purposes of Articles 14 of DPR 445/00 and Legislative Decree 52/2004).
The data provided by the Registered User at the time of the order will be included in the relevant invoice, without any changes being possible after the invoice has been issued.
DELIVERIES
Delivery: The Company will arrange the transport of Products to the address indicated by the Registered User through Carriers.
Unless explicitly agreed in writing, delivery requires the presence of the Registered User or their representative at the address.
Personnel will limit delivery to the curbside in front of the house door to ensure low costs and times for all Occasional Users and Subscribers.
For any anomalies found, the User can contact the Company by writing to info@guarracinoeventi.it or through the "Contact Us" section, specifying the anomaly and documenting it with photographic material.
The Company undertakes to execute the order in good faith and to fulfill, or ensure that all obligations set forth herein are fulfilled with the utmost diligence in the spirit of solidarity and self-organization that characterizes and should characterize all activities and services offered and used by Users through the Website.
The Company will not be responsible for any delays occurring during transport.
Likewise, the Company cannot be held responsible for any loss, damage, incorrect or missed delivery caused by events and/or causes of force majeure or fortuitous events, such as but not limited to: natural disasters, adverse weather conditions (such as intense snowfall), possible strikes (by its own or other employees), transport accidents, explosions, or any other cause, similar or different, occurring beyond the Company's control and not attributable to it, even pre-existing, that prevents or aggravates the total or partial execution of the contract.
COMPENSATION AND PAYMENT METHODS:
PAYMENT via the PAYPAL Payment System: The Registered User, at the time of activation of the Occasional Service or Subscription Service, as indicated in paragraph 4.3, must fill in all the fields required online by the Payment System.
The Subscriber User, in case of changes, must promptly update their data.
The credit card data provided to the PAYPAL Payment System by the Occasional User or Subscriber User will not be processed directly by the Company, as indicated in the Privacy Policy.
Additional Information and Service Suspension
The Company reserves the right to request additional information or the sending of copies of documents proving the ownership of the card used from the Occasional User and the Subscriber User.
The Company reserves the right not to accept the purchase order and/or to withdraw immediately from these T&C as provided in Article 14 (Termination. Service Cessation) if the Occasional User or Subscriber User does not provide the information and/or copies of documents proving the ownership of the card used for the payment of the ordered Products.
Without prejudice to the Company's right to withdraw immediately from these T&C as provided in Article 14 (Termination. Service Cessation), the Company also has the right to suspend, in whole or in part, the Occasional Service or Subscription Service in the event of unavailability of the necessary amounts for the purchase of the ordered Products as provided in paragraph 10.2, letter b.
In any case, the Company cannot be held responsible for any fraudulent use of credit cards by third parties at the time of payment for Products purchased on the Website.
LIABILITY
The Company undertakes to implement the regulations related to the cold chain and, in general, the quality standards related to the Products exclusively until the moment of delivery at the place indicated by the Occasional User/Subscriber User; any liability related to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the user is excluded.
The Company disclaims any responsibility for the information, data, and any technical or other inaccuracies that may be contained on the Website.
The Company disclaims any responsibility for the information provided/acquired directly by individual Producers.
Any disputes related to the execution of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours following the Delivery by writing to info@guarracinoeventi.it or through the "Contact Us" section, documenting the dispute with photographic material.
The Company will not be responsible for any damages resulting from the inaccessibility of the Services due to network problems, providers, or telephone and/or telematic connections over which it has no control, or the malfunctioning and/or defective functioning of the User's electronic equipment.
The Company assumes no responsibility for content created or published on third-party sites to which the Website has a hyperlink ("link").
The User who decides to visit an internet site linked to the Website does so at their own risk, assuming the burden of taking all necessary measures against viruses or other malware.
USER OBLIGATIONS
The User undertakes not to use the Website or related Services for illegal purposes or not contemplated in these T&C.
The User may not use the Website or related Services in a way that damages or otherwise impairs the Website or interferes with the use and enjoyment of the Website by other Users.
The Registered User must keep their Account access credentials confidential and is responsible for any use of the Website made by anyone accessing it using their credentials.
The Registered User undertakes in any case to:
(i) not use machines, algorithms, software, or other automatic functions to generate page or material recalls;
(ii) not generate page recalls through "chain letters," emails, or other means, through which a person or group of people is asked to visit a page and (iii) immediately notify the Company in case of suspected security breach of their Account.
TERMINATION. SERVICE CESSATION
The Company reserves the right to notify the User of the prohibition of access and use of the Website and the Services, or part thereof, at any time and with immediate effect, in case of violation by the User of the obligations provided in Articles 10 (Compensation and Payment Methods) and 12 (User Obligations).
Access to the Website may also be temporarily interrupted in case of technical problems or to ensure maintenance. Such interruptions will be communicated on the Website if possible.
The Company may make improvements and/or changes to the Website and Services at any time, as necessary for technical reasons or to comply with current regulations.
The Company also reserves the right to cease, in whole or in part, the provision of Services at any time with reasonable notice to allow Occasional Users and Registered Users to enjoy the orders sent.
In such cases, the Company will promptly notify Registered Users, Occasional Users, and Subscribers by email and, in general, Users, by notice on the Website.
PRIVACY POLICY
The Company will process Users' personal data in compliance with privacy laws as detailed in the privacy information notice, Privacy Policy, available in the respective section of the Website.
APPLICABLE LAW. DISPUTES
These T&C, including the documents referred to therein and other legal notes published on the Website, and generally the relationships between the Company and the Users of the Website are governed by Italian law and must be interpreted accordingly.
Any disputes connected and related to the use of the Website and the Services contemplated therein are subject to Italian jurisdiction and the mandatory and exclusive territorial jurisdiction of the Court of Milan within the limits allowed by the Consumer Code (Legislative Decree 206/2005) expressly for consumer protection.
Specific approval of the T&C pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code. Pursuant to and for the purposes of Articles 1341–1342 of the Civil Code, the parties declare that they have read and understood, and thus expressly approve, Articles 2 (Amendment of the T&C), 4 (Registration on the Website, Activation of Services), 6 (Suspension – Deactivation of Services), 7 (Products), 8 (Order Acceptance and Confirmation), 9 (Deliveries), 10 (Compensation and Payment Methods), 11 (Liability), 12 (User Obligations), 13 (Termination. Service Cessation) and 15 (Applicable Law. Disputes).
By issuing their final authorization for registration, therefore, the User fully and explicitly approves, without any reservation, the aforementioned clauses identified in the previous paragraph.