Terms and conditions under which Memo srl offers users access to its services available on the www.lovesouthitaly.it website.
Terms and Conditions
The terms and conditions under which Memo Srl offers users access to its services available on the website www.lovesouthitaly.it are described below.
In order to enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
Owner: Memo Srl, with registered office in Corso Cavallotti snc, Civita 87010, Italy, VAT no. 03545010781, REA CS-242464, share capital €90,000, telephone +39 0981 78
6322, e-mail address email@example.com , PEC address firstname.lastname@example.org;
Application: the website www.lovesouthitaly.it, operated by the owner, which offers E-commerce for the purchase of tourist packages/tours/advertising space for companies;
Products: the products and/or services offered through the Application;
User: the person accessing the Application, regardless of the legal nature and purpose pursued, interested in the Products offered through the Application;
Consumernatural person acting for purposes unconnected with any commercial, craft or professional activity carried on;
Third Party Suppliermeans the natural or legal person who, acting in the exercise of his or her commercial, craft or professional activity, sells and/or supplies Products via the Application;
ConditionsThis is the contract governing the relationship between the Controller and the Users and the sale or supply of the Products offered through the Application.
2. Relations between Holder, Third Party Provider and Users
These Terms exclusively govern the relationship between the Application Holder and Users and do not apply to the relationship between Users and Third Party Providers.
The Application connects Third Party Providers with Users interested in purchasing goods and/or receiving services.
The Holder is not a party to the relationship that will be established between Users and Third Party Providers. Any contract entered into between Users and Third Party Providers is not subject to these Conditions and shall not entail any liability on the part of the Owner in any respect.
3. Stipulation, conclusion and effectiveness of the Conditions
The Product purchase contract is concluded through the exact completion and sending of the order form. This form contains the details of the ordering party and of the order, the price of the Product purchased, any additional charges, the terms and conditions of payment, the timeframe for the provision of the Product, and the existence of the right of withdrawal as well as consent to the processing of personal data.
As soon as the Controller receives the order from the User, it shall send a confirmation e-mail or display a printable web page confirming and summarising the order, on which the data referred to in the preceding paragraph shall also be set out.
The Conditions shall not be deemed effective between the parties in the absence of the provisions of the preceding paragraph.
The Owner may amend or simply update all or part of these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of the notice of change to the Conditions. The User is therefore invited to review the Terms each time he/she accesses the Application and is advised to print a copy for future reference.
In order to use certain features of the Application, Users must register
providing, truthfully and completely, all the data requested in the relevant form
The User is obliged to
guard their access credentials.
It is understood that under no circumstances may the Controller be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, for whatever reason, of Users' access credentials.
5. Account deletion and closure
Registered Users may stop using the Products at any time and deactivate their accounts or request their deletion through the Application interface, if possible, or by sending a written notice to email@example.com , or by calling Customer Service at +39 0981 78 6322.
The Owner reserves the right to suspend or terminate the User's account at any time and without prior notice in the event of a breach by the User of these Terms or of applicable legal provisions.
6. Purchases on the Application
The purchase of one or more Products via the Application is permitted both to Users who are Consumers and to Users who are not Consumers.
Pursuant to Article 3, | paragraph, lett. a) of Legislative Decree 206/2005 ("Consumer Code"), please note that natural persons who, in relation to the purchase of Products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, shall be considered Consumers.
Natural persons are only allowed to purchase if they are eighteen years of age or older.
The Owner undertakes to describe and present the Products sold on the Application in the best way possible. Nevertheless, there may be some errors, inaccuracies or small differences between the Application and the actual Product. Furthermore, any photographs of the Products on the Application do not constitute a contractual element, as they are only representative.
The User expressly grants the Holder the right to accept even only part of the order placed (e.g. in the event that not all the Products ordered are available). In this case the contract shall be deemed to have been concluded in respect of the Products actually sold.
The Holder reserves the right to refuse an order: 1.when the Product is not available;
2. when the authorisation to charge the User for the Product is denied;
3. when an obviously incorrect and recognisable price is indicated at the time of purchase. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
7. Prices and payments
The Holder reserves the right to change the price of the Products at any time. It is understood that any changes shall in no case affect contracts already concluded prior to the change.
| sale prices of the Products are inclusive of VAT, if due; any other taxes to be paid by the User will be indicated prior to confirmation of the purchase.
The User undertakes to pay the price of the Product purchased at the times and in the ways indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible.
Any reimbursement to the User shall be credited promptly by one of the methods proposed by the Controller and chosen by the User and, in the event of the exercise of the right of withdrawal, at the latest within 30 days from the date on which the Controller became aware of the withdrawal.
All payment-related communications take place using a connection protected by an appropriate encryption system. The Holder guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the applicable data protection regulations.
The User who wishes to receive the invoice will be asked for the invoicing data. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.
9. Method of execution of digital products and/or services
Digital product means any good in digital format not supplied on a tangible medium.
Service means the undertaking to perform a certain service for and/or on behalf of the User.
The Owner will provide the Products (digital products and/or services) to the User, in the manner and within the term chosen by the User or indicated on the Application or in the order confirmation. In the event that the Controller is unable to supply the Product within the deadline, the User will be notified promptly by e-mail, stating when it is expected to be able to supply the Product or begin the service or the reasons that make the service definitively impossible.
If the User does not wish to accept the new term or if the service has become impossible, he may request a refund, which shall be credited promptly by one of the methods proposed by the Controller and chosen by the User and, in the event of the exercise of the right of withdrawal, within a maximum of 30 days from the date on which the Controller became aware of the withdrawal.
Without prejudice to what is specifically provided for at the Holder's charge in the preceding points, to be understood as expressly referred to herein, the Holder undertakes to supply the Product with the utmost diligence, good faith and fairness.
The Application offers subscription Products. In this case, payments commence on the date specified at the time of subscription.
Subscriptions are automatically renewed annually. The renewed subscription shall extend for a period of time equal to the original period. Users may deactivate the automatic renewal by registered letter with return receipt or by certified e-mail at firstname.lastname@example.org , to be communicated at least 30 days before the expiry of the publication period. through the Application's interface, if possible, or by contacting the Owner directly at the e-mail address email@example.com or by calling the Customer Service at +39 0981 78 6322.
11. Right of withdrawal of digital products and/or services
If for any reason you are not satisfied with the purchase of digital products (mon supplied on a tangible medium) or services, you may withdraw from the contract within a period of 14 days from the day on which the contract was concluded by sending a written communication to firstname.lastname@example.org or by calling the Customer Service at
+39 0981 78 6322, including the identification details necessary to identify the purchase.
If the User decides to withdraw within the aforementioned period, the Controller shall reimburse all payments received from the User without undue delay and, in any event, no later than 30 days from the day on which the User informed the Controller of his intention to withdraw from the contract.
The Holder shall refund the price of the Product in the same manner of payment used by the User.
12. Optional form to exercise the right of withdrawal
Optionally, the User may withdraw using the following form, which must be completed in full and sent to the e-mail address email@example.com before the expiry of the withdrawal period:
I hereby give notice of withdrawal from the sales contract for the following goods/services: Order number:
Ordered on: Name and Surname: Address:
E-mail associated with the account from which the order was placed:
13. Creative Commons Licence
| content and/or materials available on the Application are made available on the basis of
the terms of this licence 'Creative Commons Public Licence CC BY- NC 3.0 EN'.
("Licence"). | contents and/or materials available on the Application are protected by the right
copyright, the other rights conferred by copyright law (neighbouring rights, rights
databases, etc.) and/or other applicable laws. Any use of the contents and/or
of materials available on the Application that is not authorised under this
Licence and/or other applicable laws is prohibited.
The Holder grants the User the rights listed below on condition that the User agrees to comply with the terms and conditions set out in this Licence.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, transform the contents and/or materials available on the Application by any means and in any format, but not for commercial purposes, provided that the paternity is acknowledged and the User provides a link to the licence and indicates whether any modifications have been made. The full licence can be consulted at this address: https://creativecommons.org/licenses/by-nc/3.0/it/legalcode
14. Exclusion of Warranty
The Application is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will be uninterrupted or error-free or that it will be free of viruses or bugs.
The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable 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 entirely beyond the Owner's control or for events of force majeure.
15. Limitation of Liability
The Holder shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its own control or that of its subcontractors.
Furthermore, the Holder shall not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any additional charges incurred.
The Holder assumes no liability for any fraudulent and unlawful use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the purchased services, if he proves that he has taken all possible precautions in accordance with the best knowledge and experience at the time and in accordance with ordinary diligence.
The User agrees to indemnify and hold harmless the Owner (as well as any subsidiary or affiliated companies, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred in defending itself in court, which may arise from damages caused to other Users or third parties, in relation to the Content uploaded or to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Holder shall not be liable for:
1. any losses that are not a direct consequence of the breach of contract by the Holder;
2. any loss of business opportunity and any other loss, including indirect loss, that the User may suffer (such as, but not limited to, commercial losses, loss of revenue, income, profit or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuance of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for correct input.
In no event shall the Holder be liable for more than double the amount paid by the User.
16. Force majeure
The Controller may not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the Controller's reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, beyond the Controller's control, such as, by way of example but not limited to, failures or interruptions to telephone or power lines, the Internet network and/or other transmission instruments, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties.
The fulfilment of obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.
17. Links to third-party sites
The Application may contain links to third-party sites. The Owner exercises no control over them and is therefore in no way responsible for the content 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 use of the site and use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
No waiver by either party of any article of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated in writing.
19. Invalidity of individual clauses
Should any provision of these Conditions be unlawful or invalid, it shall not be deemed part of the Conditions and this shall not affect the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
21. Applicable Law and Jurisdiction
These Conditions and all disputes concerning their execution, interpretation and validity shall be subject to Italian law and the exclusive jurisdiction of the courts of the place where the Holder is established.
If the User is a consumer within the meaning of Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer's right to bring an action before a judge other than the "consumer forum" pursuant to Article 66 bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set out in Articles.
18, 19 and 20 of the Code of Civil Procedure.
22. Online dispute resolution for consumers
The consumer resident in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the
Consumer to settle out of court any disputes relating to and/or arising from contracts of sale of goods and services concluded online. Accordingly, the Consumer may use this platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address: http://ec.europa.eu/consumers/odr/