GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions govern the drafting and the execution of trade agreements entered into on the website www.giftbox.baglionihotels.con (hereinafter referred to as “The Website”).
The means by which these agreements are reached classifies them as Remote Sales Contracts in terms of Part III, Heading III, Article I, Section II of Leg. Dec. No. 206, dated 6.9.2005 (hereinafter referred to as the “Consumer Code”) whose regulations, where not subsequently derogated, clarified or supplemented, shall be deemed to refer hereto.
The information provided herein is that required in terms of art.52 of the Consumer Code.
1. Identification of the Professional
The supplier of the goods, and therefore also the “professional” in terms of the aforesaid legislation, is Casaleggio Associati, with Registered Offices situated at No. 6, Via Morone, 20121, Milan, VAT Reg. No. IT04215320963.
2. Basic nature of the Goods
The products sold via the Website are of the “giftbox” type, consisting of vouchers that entitle the user to utilise hotel services provided by the “Baglioni Hotel” chain. Each product is clearly identified and, where necessary, its specific features and peculiarities are described in the relative descriptive charts posted on the Website.
3. Price of the Goods
Similarly, the price of the goods is indicated in the respective descriptive chart for each product.
4. Delivery Costs
The delivery costs are charged out to the Client in the form of a once-off amount of € 10,00 (ten/00), inclusive of VAT, for each order, irrespective of the number and type of product included therein.
5. Method of Payment
The currently accepted methods of payment include online payments via credit card or PayPal:
– only Visa and MasterCard credit cards are currently accepted for payment. The Client is required to enter all the relative information directly on the bank website, which guarantees the total security and confidentiality of the transaction in question. The credit card account is not debited immediately, but only at a later stage at the initiative of Casaleggio Associati s.r.l. personnel and within the limits authorised by the client. This ensures that the credit card account is only debited when the goods are actually shipped and, in the event of only partial delivery of what was ordered, the client will only be charged for the goods actually shipped. The purchase can only be made by the cardholder him/herself, whose name and address must match those of the addressee. Casaleggio Associati will also accept orders to be shipped to someone other than the cardholder, but only after having confirmed such order with both the purchaser and the addressee and, in any event, reserving the right, at its sole discretion, to request additional guarantees from the purchaser or to reject the order;
– PayPal, an eBay Group Company, is a quick and safe payment system. Having selected this payment option, the purchaser is redirected to the PayPal website, where he/she will be able to access his/her own account by entering his/her personal e-mail address and password. When the purchaser opts to pay via PayPal, the amount is debited directly to the linked credit card or debit card account. PayPal protects the purchaser’s details in that no financial information is transmitted. After every transaction processed in this manner, PayPal sends the purchaser an e-mail confirming said transaction. The amount is debited to the PayPal account as soon as the order is received. In the event that the order is cancelled, the debited amount will be credited back to the client’s PayPal account.
A purchase receipt is issued after the payment has been transferred successfully. The tax receipt is sent to the Client exclusively via e-mail since no provision has been made for said documentation to be issued and sent off in hardcopy format.
6. Product delivery method
The ordered products are shipped via a courier commissioned by Casaleggio Associati s.r.l., to the addressee and to the delivery address specified by the Client on the order form. Once the goods have been handed over to the courier for delivery, the Client will receive a shipping confirmation e-mail. Deliveries are made during normal office hours from Monday to Friday, excluding public holidays and the annual holiday period from 8 to 23 August. Delivery shall be deemed to have been completed when the goods are handed over to the client at the address specified on the order form.
In the event that the addressee is not available at the specified address, the courier will leave a card for the addressee, providing the details required to set an appointment for delivery at a time that suits the addressee. Should the addressee fail to contact the courier within 5 working days after the failed delivery attempt, to arrange a new delivery time, the courier will arrange to return the goods to Casaleggio Associati s.r.l. In such case, the purchase agreement shall be deemed to have been cancelled for reasons pertaining to the client, in which case Casaleggio Associati s.r.l. will arrange to refund the price paid for the item/s, less the cost of storage at the local courier’s premises and the subsequent cost of return delivery, without the application of any penalties or other levies.
The client will be advised via e-mail regarding the cancellation of the transaction and the refund of the amount paid.
Any refunds will be credited via the payment method that the client originally used to make the purchase.
The client is required to check the condition of the delivered goods. Should the product packaging display any obvious signs of tampering or damage, the Client must either refuse to take delivery thereof or, should he/she decide to accept delivery thereof, make a note on the delivery slip indicating the defect encountered and he/she must immediately inform Casaleggio Associati’s Customer Service Department accordingly at the following address: email@example.com
7. Sales abroad or to Livigno or other free trade zones
VAT will in any event be charged on any goods ordered for delivery to foreign countries, to Livigno or to other free trade zones and no VAT refunds may be requested from Casaleggio Associati s.r.l.
8. Right to cancel
In terms of the provisions of art. 64 and subsequent articles of the Consumer Code, the consumer Client (in other words an individual who orders the goods for non-business purposes or who does not provide a VAT Registration Number) shall have the right to cancel the purchase contract for whatever reason and without providing any explanation, subject to the terms and conditions specified below.
In order to exercise this right, the client shall send off a notification in which he/she unequivocally indicates his/her decision to cancel the contract, this within 14 days after the date of receipt of the goods. Said notification may be sent, within the aforesaid deadline, via registered mail with proof of receipt or via telegram, telex, e-mail or fax, to the following address:
Casaleggio Associati s.r.l.
Via Morone 6
Telefax 02 89011466
In order not to lose the right to cancel the order, the Client must return – understood to mean delivery of the goods to the postal services or to the courier – all of the goods purchased as part of the order in question, since partial returns of certain of the goods only shall not be acceptable, to:
“Giftbox Baglioni Hotels”
c/o Casaleggio Associati s.r.l.
Via Morone 6
The costs involved in returning the goods included in the contract being cancelled shall be borne by the Client.
The basic integrity of the goods to be returned remains a fundamental requirement for exercising the right to cancel. In particular, giftboxes returned not in their original packaging and/or cellophane cover, or with the activation code scratched, shall not be deemed to be acceptable.
Having determined that the Client has indeed met the applicable cancellation requirements (timeliness of notification and the return of the goods and the integrity thereof), Casaleggio Associati will arrange to refund the total amount paid, without any additional charges, by crediting the same account originally used to pay for the goods ordered.
Casaleggio Associati s.r.l. guarantees that the giftboxes purchased via the Website are marketed by agreement with the Baglioni Hotels Group and are fully valid and usable at any time during the entire period of validity as indicated on each respective product description chart.
The type of hotel services included in each giftbox, as well as the quantity thereof and their whether or not they match the description contained in the actual giftboxes or shown on the Website are understood to be guaranteed exclusively by Baglioni Hotels and Casaleggio Associati s.r.l. shall not accept any responsibility whatsoever in this regard.
10. Remote Internet access charges
The utilisation of an Internet connection to gain access to the Website in order to finalise purchases shall not involve any charges to Casaleggio Associati s.r.l. and shall only be subject to the tariffs negotiated between the client and his Internet service provider.
11. Duration of the validity and the price of the offer
The products described on the Website are presumed to be available at the time of order placement and offered for sale at the prices displayed on the Website at that time and as indicated in the shopping cart summary at the time of closure.
Any change in the product prices that may occur between the time that the order is placed and when the services are utilised shall not be applicable to the Client.
In the exceptional event that one of the ordered products is no longer available from the warehouse, Casaleggio Associati s.r.l. will not process the order and will not debit any charges to the Client and will, in the event that said charges have already been debited, arrange to refund the price paid by crediting the same account originally used to pay for the purchase in question.
12. Validity of the General terms and conditions of sale – Amendments
Casaleggio Associati reserves the right to amend these General terms and conditions of sale; such amendments shall not apply to any contracts already finalised or in the process of being executed.
15 July, 2015