Terms and conditions
Easy Charter di Matteo Ricci VAT NUMBER 02679340998, with registered office in Via Ghizolfo 21 A - Rapallo (GE) - 16035 - Italy, telephone +39 389 186 66 84 e-mail address firstname.lastname@example.org, (hereinafter the "Owner") makes available to all visitors (hereinafter "User" or the "Users") the ability to access and use the website easycharterliguria.it (hereinafter "Application" ) of its exclusive ownership, which offers workspaces in shared environments (hereinafter "Services" or individually "Service").
Please read these terms and conditions (hereinafter the "Terms") carefully regarding the relationship between User and Owner (hereinafter together referred to as the "Parties") before using the Application. By using the Application, the User accepts the Conditions and undertakes to respect them. Otherwise, the User cannot use the Application.
The Owner may modify or simply update the Conditions, in whole or in part. Changes and updates will be binding as soon as they are posted on the Application. The User is therefore invited to view the Conditions at each access to the Application and it is advisable to print a copy for future consultations.
It is understood that in no case can the Data Controller be held responsible in case of loss, dissemination, theft or unauthorized use by third parties, for any reason, of the access credentials of the Users.
2. Account cancellation and closure
Registered Users can stop using the services at any time, deactivate their accounts or request their cancellation through the Application interface, if possible, or by contacting the Owner directly at the e-mail address email@example.com.
The Owner, in the event of a violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or terminate the User's account at any time and without notice.
3. Purchases on the Application
The purchase of one or more Products through the Application is allowed both to Users who have the quality of consumers, and to users who do not have this quality. Pursuant to art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, are considered consumers. Natural persons are allowed to purchase only on condition that they are eighteen years of age. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may occur. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are only representative. The Products, the prices and the conditions of sale of the Products, within the limits of their availability, do not constitute an offer to the public; therefore, they must always be considered indicative and subject to express confirmation via e-mail or by viewing the order confirmation page by the Owner, after checking the availability of the selected Product.
The User expressly grants the Owner the right to accept even only partially the order placed (for example in the event that there is not the availability of all the Products ordered). In this case, the contract will be considered completed in relation to the Products actually sold. The Owner reserves the right to change the price of the Products at any time. It is understood that any changes will in no case affect the contracts already concluded before the change.
The selling prices of the Products are intense gross; any other tax charged to the User will eventually be indicated before the confirmation of the purchase.
Payment for the Products can be made using the methods indicated on the Application at the time of purchase and described in the next point of these terms.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the holders, password, etc.). Should these third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be responsible for any delay or non-delivery.
All payments that are made on the Application use the PayPal platform as an intermediary and guarantor for the transition from User to the Owner and no personal data related to the User's payment methods (card numbers and expiration dates, password) comes from the Application acquired and saved within its own spaces. The payment transition through PayPal gives rise to some specific codes that the Application receives at the end and saves in its spaces with reference to the purchases made, in order to be able to carry out protection and verification operations on the relationship between the Parties in moments following the purchase.
5. Conclusion of the contract
The Contract stipulated through the Application is understood to be concluded when the User receives, via e-mail and/or by viewing an Application page, the formal confirmation of the order through which the Owner accepts the order sent by the User and informs him that he can proceed with the fulfillment of the same. The Contract is concluded in the place where the registered office of the Owner is located.
The Owner reserves the right to refuse an order:
- 1. when the Product is not available;
- 2. when the Owner does not receive authorization to charge the cost of the Product to the User;
- 3. when at the time of purchase a clearly incorrect and recognizable price is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
At the time of payment at our office, a regular receipt will be issued as proof of the purchase and the balance made
The commercial invoice, if requested by the User, will be sent by the Owner. The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing the Owner in any and all indemnity in this regard.
7. Right of withdrawal of digital products and/or services
The User who for any reason is not satisfied with the purchase of digital products (not supplied on a material support) or services can withdraw from the contract at any time by accessing the personal page useful for managing the reservation with the details and credentials received during the request phase, or by sending a telephone communication to the number +39 340 79 77 774 or by email at firstname.lastname@example.org acknowledging and accepting the following refund conditions:
- 100% refund for operations and communications made more than 48 hours after the date and time of use of the booked, confirmed and paid service;
- 50% refund for operations and communications made between 48 and 24 hours from the date and time of use of the booked, confirmed and paid service;
- no refund for operations and communications made in the 24 hours prior to the date and time of use of the booked, confirmed and paid service;
8. Creative Commons License
The contents and/or materials available on the Application are made available on the basis of the terms of this license “Creative Commons Public License CC BY-NC 3.0 IT” (“License”). The contents and/or materials available on the Application are protected by copyright, by other rights attributed by copyright law (related rights, database rights, etc.) and/or by other applicable laws. Any use of the contents and/or materials available on the Application that is not authorized under this License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the same agrees to comply with the terms and conditions set out in this License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, transform the contents and/or materials available on the Application by any means and format, but not for commercial purposes, provided that authorship is acknowledged and the User provides a link to the license and indicates if any modifications have been made. The complete license can be consulted at this address: https://creativecommons.org/licenses/by-nc/3.0/it/legalcode
9. Warranty Disclaimer
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or which will never have interruptions or be error-free or which will be free of viruses or bugs. The Owner will work to ensure that the Application is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Owner's will or due to force majeure events.
10. Limitation of Liability
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability , including any legal expenses incurred to defend themselves in court, which may arise in the event of damages caused to other Users or third parties, in relation to the Contents uploaded, to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
- 1. any losses that are not a direct consequence of the Owner's breach of the Contract;
- 2. any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- 3. damages or losses deriving from interruptions or malfunctions of the Application due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond the control of the Controller and beyond the scope of control such as, by way of example and not limited to, breakdowns or interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the supply of third-party products, services or applications ;
- 4. incorrect or unsuitable use of the Application by Users or third parties;
- 5. the issue of incorrect tax documents due to errors relating to the data provided by the user, the latter being solely responsible for the correct insertion.
In no case may the Owner's limit of liability exceed double the cost paid by the user for the service used.
11. Linking to Third Party Sites
The Application may contain links to third party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
12. Major force
The Data Controller cannot be held responsible for the failure or delay in fulfilling its obligations hereunder, due to circumstances beyond the reasonable and foreseeable control of the Data Controller. The fulfillment of the obligations by the Owner pursuant to these Conditions will be considered suspended for the period in which the Force Majeure Events occur. The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of Force Majeure Events.
Specifically, in the event of failure to perform the service for reasons such as:
- sea force 3 up;
- wave greater than 0.8 meters
There are solutions such as:
- 100% refund of the payment made for the reservation sent, confirmed and paid;
- the possibility of agreeing to perform the service on a new, later date
No waiver by either party of any part of these Terms will be effective unless it is expressly declared to be a waiver and is given in writing.
14. Invalidity of individual clauses
Should any provision of these Conditions be illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
The Owner reserves the right to modify these Conditions at any time by giving specific notice on the Application. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of modification of the Conditions.
These Conditions, none excluded, including those that follow, apply exclusively to the Products sold online and to the services used only online. For all other relations with Easy Charter Liguria, please refer to the contracts stipulated directly with the Customer"
18. Applicable law and jurisdiction
These Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the user-consumer to bring proceedings before a judge different from that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
19. Online dispute resolution for consumers
The consumer residing in Europe should be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, the European consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/