This document sets out the general terms and conditions on the basis of which the use of the website is or is restricted to users.
https://www.primaverabeach.it/ which offers online booking of sunbeds, parasols and deckchairs.
1. Definitions
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and the
plural, will have the meanings indicated below:
Owner: Dromo s.r.l., with registered office in Via Santa Teresa 42/3 - 45010 Rosolina (RO), VAT number / Tax code 01559720295,
RO-417750, fully paid-up share capital € 10.000,00, address PEC dromo@lamiapec.it
Application: the website https://www.primaverabeach.it/
Products: the services provided to the user by the Owner
User: any person who accesses and uses the Application
Consumer User: a person of legal age who concludes a contract for purposes unrelated to his or her activity.
entrepreneurial, commercial, artisan or professional possibly carried out
Conditions: this contract that governs the relationship between the Owner and the Users and the sale or supply of the Products or erected by the Owner through the Application.
2. Scope of application of the Conditions
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the
Conditions and/or any other notes, legal notices, disclosures published or referred to therein may not use the Application or the
related services.
The Conditions can be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a
Product.
Before using the Application, the User must read the Terms carefully and save or print them for future reference.
consultations.
The Owner reserves the right to change at its own discretion, at any time even after the User's registration,
the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality
and the management of the Application, communicating to the User, where necessary, the relevant instructions.
3. Purchase or supply request through the Application
All Products or erected through the Application are described in detail in the relevant product pages (quality,
characteristics, availability, price, delivery time, ancillary charges, etc.). There may be some errors, inaccuracies or
small amount of erences between what is published on the Application and the actual Product. In addition, any images of the Products are only
representative and do not constitute a contractual element.
Purchases and/or requests to supply one or more Products through the Application are allowed to Consumer Users.
Purchases and/or requests for supply are allowed only on condition that they are of legal age. For
minors any purchase and/or request for supply of Products through the Application must be screened and authorized by the
parents or parental responsibility.
The order of the Products through the Application constitutes an invitation to or redirection and the order sent by the User will be valid as a proposal.
purchase contract and/or supply request, subject to confirmation and/or acceptance by the Owner in accordance with the following provisions
described below. Therefore, the Owner will have, at its own unquestionable judgement, the right to accept or not the User's order
without the latter being able to object or complain on any grounds whatsoever.
The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the proposal.
User's contract . The Owner will accept the User's contractual proposal by sending the order confirmation.
to the e-mail address indicated by the User or by displaying an order confirmation web page,
in which the date of the order, the User's data, the characteristics and availability of the Product, the price or the
the methods for calculating the price, any additional charges and ancillary taxes, the delivery and execution times, the methods for
exercise the right of withdrawal or its possible exclusion and warranty.
The contract of sale or supply of the Products is not considered and is not valid between the parties in default of what is indicated in the point
previous.
If the Product is not available, the Owner will inform the User of the new delivery or supply terms,
asking whether or not you intend to confirm the order. It is understood that the contract shall be deemed to be finalized with regard to the Products.
accepted by the Owner.
The User undertakes to ensure the correctness of the data contained in the order confirmation and to communicate immediately to the
Owner any errors and will keep copies
4. Registration
In order to take advantage of the functionality of the Application, Users must register by providing, in a truthful and complete manner, all data
required in the relevant registration form and accept in full the privacy policy ( https://www.primaverabeach.it/) and the
Conditions.
The User is responsible for keeping his or her own access credentials which must be used exclusively by the User and not
may be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to
inform the Owner immediately if he suspects or becomes aware of any improper use or misuse
disclosure of the same.
The User warrants that the personal information provided during the registration process is complete and truthful and will
undertakes to indemnify and hold harmless the Owner harmless from any damage, obligation to pay compensation and/or sanction deriving from and/or in
any way related to the User's violation of the rules on Application registration or retention
of the registration credentials.
5. Account cancellation and closure
The Registered User can stop using the Application at any time and deactivate or request the use of the Application at any time.
deletion through the Application's interface, if possible, or by sending a written communication to the email address
info@primaverabeach.it or by calling customer service at 0426-664179.
In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to
suspend or terminate your account at any time and without notice.
6. Prices and Payments
For each Product is indicated the price including VAT, if due. Where the nature of the Product makes it impossible to
calculate it in advance, the way the price is calculated is indicated.
In addition, will be indicated all possible taxes, additional charges that may vary depending on the method of payment
used. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses
will be charged to the User.
The Owner reserves the right to charge, at any time, the price of the Products and any additional costs. Remains
on the understanding that any change in price will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data
possibly required.
All communications relating to payments shall be made using a connection protected by an appropriate system of
security. The Owner guarantees the storage of this information with an additional level of security and in accordance with
the provisions of the current regulations on the protection of personal data.
7. Invoicing
The User who wishes to receive the invoice will be asked for the billing information. For the issuance of the invoice, the
information provided by the User that he or she declares and guarantees to be true, releasing to the Owner any and all information that he or she may provide.
...he's indemnified you in that regard.
8. Methods of providing services
The Owner will provide the services to the User, in the manner and within the term indicated on the Application and reported in the confirmation.
of order.
In the event that it is not possible to provide the requested services within this period, we will promptly notify you by e-mail.
to the User, with an indication of when it is expected to be possible to provide them or the reasons that make the provision impossible.
If the User does not wish to accept the new deadline or the provision has become impossible, he/she can ask for a refund of
how much paid that will be credited promptly in the same payment methods used by the User for the purchase to the
maximum within 14 days from the date on which the Cardholder became aware of the redemption request.
9. Right of withdrawal of Consumer Users from the purchase of services
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without any reason.
penalty and without specific meat the reason within a period of 14 days from the date of conclusion of the contract, through
the sending of a written communication to the e-mail address info@primaverabeach.it, using the optional withdrawal form provided in the
subsequent article or any other written statement.
In case of withdrawal exercised correctly, the Owner will refund to the Consumer User the payments received, in the same
payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days after
date on which the User has given notice to withdraw from the contract.
In the event of a request for the provision of a service, the Consumer User acknowledges and agrees to lose the right of withdrawal after the
full provision of the service if the service has commenced with your express agreement and your acceptance to lose the right to
withdrawal after the service has been performed, pursuant to Article 59, letter a) of the Consumer Code. In addition, the Consumer User
acknowledges and agrees to lose the right of withdrawal if it has requested that the service commence during the period of
withdrawal, pursuant to Article 51, paragraph 8.
Where the service has not been fully performed and the Consumer User wishes to withdraw from the contract,
he remains in any case obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Owner an amount of money
proportional to what has been carried out up to the time when the right of withdrawal was exercised.
No refunds will be made due to bad weather and/or date changes/variations of any kind.
10. Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be filled in in every part and sent to the following e-mail address
info@primaverabeach.it before the expiry of the withdrawal period:
I hereby communicate the withdrawal from the contract of sale or supply of the following product __________.
Order number:_______
Ordered the: _______
Name and Surname: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
11. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights related and/or erent to the Application and/or
to the Contents available on the Application. Therefore, all trademarks, guratives or names and all other signs, trade names,
service marks, word marks, trade names, illustrations, images, logos, related content
the Application are and remain the property of the Owner or its licensors and are protected by the applicable trademark laws and by the
related international treaties.
The Terms do not grant the User any license to use the Application and/or individual content and/or materials therein.
available, unless otherwise regulated.
Any reproduction in any form of the explanatory texts and Contents of the Application, if not authorized, will be
considered as infringements of the intellectual and industrial property right of the Owner.
12. Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in
related to the Application, nor provides any guarantee that the Application will meet Users' needs or that it will not have
never interrupts or will be free of errors or will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available uninterruptedly 24 hours a day, but will not at any time
way to be held responsible if, for any reason, the Application is not accessible and/or operational in any
at any time or for any period. Access to the Application may be suspended temporarily and without notice in case of
system failure, maintenance, repairs or for reasons completely beyond the Owner's control or due to force events
major.
13. Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of wilful intent or gross negligence, for disservices or malfunctions.
connected to the use of the Internet beyond your or your suppliers' control.
Furthermore, the Owner will not be liable for damages, losses and costs suffered by the User as a result of the failure to execute the
contract for reasons not attributable to him, since the User is only entitled to a full refund of the price paid, if any.
and any ancillary charges incurred.
The Owner does not assume any responsibility for any fraudulent and illegal use that may be made by third parties of the
credit cards and other means of payment, at the time of payment, if you can prove that you have taken all possible precautions in
based on the science and experience of the moment and ordinary diligence.
The Owner will not be responsible for:
any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that
are not a direct consequence of the breach of contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or data due to errors in the data provided by the User, the latter being the only one
responsible for the correct insertion
In no case can the Owner be held liable for a sum exceeding double the cost paid by the User.
14. Force Majeure
The Cardholder shall not be held liable for failure or delay in the performance of his obligations, for
circumstances beyond the Controller's reasonable control due to force majeure events or, in any case, unforeseen events
and unpredictable and, in any case, independent of his will.
The performance of the obligations by the Holder shall be considered suspended for the period during which events of force occur.
major.
The Owner shall do everything in his power to identify solutions that allow the correct fulfilment of the
own obligations despite the persistence of force majeure events.
15. Link to third party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them,
therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may link to third party sites/applications that provide services through the Application. At
in these cases, the general conditions for the use of the site/application and for the use of the service will apply to the individual services
prepared by third parties, for which the Owner assumes no responsibility.
16. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page
https://www.primaverabeach.it/
17. Applicable law and place of jurisdiction
The Conditions are subject to Italian law.
For Consumer Users any dispute relating to the application, execution and interpretation of these Conditions will be
The same shall be given to the Court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State,
without prejudice to the Consumer User's right to bring an action in a court other than the "consumer's forum" pursuant to art. 66 bis of the Code
of Consumption, competent for territory according to one of the criteria set out in Articles 18, 19 and 20 of the Civil Procedure Code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of the following provisions
possibly more favourable and mandatory provided for by the law of the country in which they have their habitual residence in
in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for the return of Products, in case of
exercise of this right, the manner and formality of its communication and the legal guarantee of conformity.
18. Online dispute resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established a
online platform that provides an alternative dispute resolution tool. This tool can be used
by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods
and provision of networked services. Consequently, the Consumer User may use this platform for the termination of any
dispute arising from the online contract. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date 16/04/2020
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