General Terms and Conditions of Contract
GENERAL INFORMATION
Introduction
1.1 The sale of products and services conducted online on the website www.palazzogiustiniani.com (hereinafter also referred to as “Site”) is governed by these general terms and conditions (“Contract” or “General Terms” or “Conditions”).
1.2 Before submitting a purchase order, the User of the Site is required to carefully read these General Terms and the Privacy Policy published online and available here.
1.3 Submitting the purchase order implies full knowledge and express acceptance of these General Terms without any reservations, as well as an agreement that they prevail over all previous versions or specific terms generated by the User, including email exchanges.
1.4 The applicable General Terms of Sale are those available on the Site at the time the purchase order is sent.
1.5 These General Terms are available in the Italian language.
1.6 These General Terms may be modified following legislative interventions or at the Seller’s discretion; therefore, Users are encouraged to periodically review the Terms.
1.7 The Seller reserves the right to refuse or cancel orders coming from:
(I) Users with whom there is an ongoing legal dispute;
(II) Users who have previously violated these General Terms and/or internal regulations;
(III) Users involved in any type of fraud, particularly credit card fraud or scalping;
(IV) Users who have provided false, fabricated, incomplete, or otherwise inaccurate identification data, or data referring to third parties, or who have not submitted the required documents in a timely manner as part of the payment procedure or have submitted invalid documents.
2. Definitions
2. General Information
2.1 The products subject to these General Terms are sold by MPG srls, a simplified limited liability company based in Piazza Dei Caduti, 3, Sogliano Cavour 73010 (LE) (hereinafter also referred to as “Seller” or “Holder”).
Contact email for complaints, returns, or cancellations: info@palazzogiustiniani.com
Address for returns or cancellations: MPG srls, Piazza Dei Caduti, 3, Sogliano Cavour 73010 (LE)
2.2 The Access Tickets offered on the Site are sold by the same company mentioned in point 2.1 (hereinafter also referred to as “Seller”).
2.3 These General Terms do not govern the sale of products and/or the provision of services by parties other than the Seller, even if present on the Site via hyperlinks, advertising, links, or banners. The Seller is therefore not responsible for the sale of products or provision of services by such parties. Before conducting transactions with third-party vendors, the User must verify their respective terms of sale.
3. User Status and Definitions
3.1 By browsing the Site and submitting a purchase order, the User declares and warrants:
4. Nature of the Contract and Applicable Legislation
4.1 The sale of products offered on the Site constitutes a distance contract between the Seller and the User.
4.2 If the User is a Consumer, the applicable provisions of Legislative Decree No. 206/2005 (“Consumer Code”) and subsequent amendments apply, as well as the provisions of the Civil Code and special laws for Professional Users, if applicable, as well as those related to services provided by information society services and e-commerce as per Legislative Decree No. 70/2003 and subsequent amendments.
5. Service Usage and Data Entry
5.1 The purchase of Access Tickets is possible only after completing the relevant forms.
5.2 The User must fill in the purchase form, providing all required information truthfully and completely, and accept the Privacy Policy and these General Terms by checking the appropriate boxes.
5.3 The User can request updates, modifications, or deletions of the information provided by sending an email to the Seller at the above address.
5.4 Once purchase requests are received and accepted, they cannot be modified unless the Seller agrees and the goods have not yet been shipped.
5.5 In the case of abnormal requests, such as excessive quantities of products purchased or frequent purchases, the Seller reserves the right to take necessary actions to prevent irregularities, including suspending, not accepting, or canceling orders.
5.6 The purchase of the Access Ticket must be made by individuals over the age of 18. The system does not allow online purchase transactions by individuals under 16 years of age.
6. Terms of the Offer
6.1 Prices and availability of Access Tickets on the Site are subject to change by the Seller without prior notice.
7. Purchase Procedure
7.1 Each order request sent by the User constitutes an offer to purchase products.
7.2 The User is responsible for providing a valid email address and periodically checking their email inbox.
7.3 Upon receiving the order request, the User will receive an “Order Confirmation Email” containing information regarding the Access Tickets, the chosen Event, billing details (if requested), the total amount paid, and the payment method used.
7.4 The Sales Contract is deemed concluded when the User receives the email confirmation and provided that the payment has been successfully processed. If the payment is successful, the system will display the purchase receipt online, indicating “Payment Confirmed – Transaction Completed” or similar confirmation of the purchase.
7.5 In the absence of the “Order Confirmation Email,” the sales contract cannot be considered validly concluded.
7.6 After completing the transaction, the User will receive an email confirming the purchase, specifying the assigned seats, the amount paid, and the method of collecting the Access Ticket. The Seller disclaims any responsibility for failure to deliver the confirmation email due to incorrect or invalid data provided by the User in the online registration form.
8. Prices
8.1 The price of the Access Tickets is as indicated on the Site and is in Euros. It may include any Service Commissions. If there is an obvious pricing error, the User will be immediately informed and will have the option to confirm the order at the correct price or cancel it. If the Seller cannot contact the User, the order will be canceled and the User refunded. There is no obligation to provide Access Tickets at a lower price if the price error is evident.
8.2 The Seller may offer special promotions during the year. If a promotion is active, or if the User has a discount or promotional code, it can be applied at the time of payment by entering the discount code.
8.3 The total amount due from the User for the Access Ticket, including the Face Value and any Service Commission, will be specified immediately before the purchase and must be accepted by the User to complete the transaction.
9. Invoices
9.1 The details for the invoice will be based on the information provided by the User when the order is processed.
9.2 No changes to the invoice will be possible after it has been issued.
10. Product/Service Availability
10.1 The Seller ensures real-time availability of the Access Tickets in the electronic catalog.
10.2 In the event that an order exceeds the available quantity, the Seller will notify the User via email or another means (e.g., phone, if provided by the User) that the Access Ticket is no longer available and will refund the amount.
11. Event Cancellation or Postponement. Service Disruptions
11.1 In case of an event canceled or postponed by the Seller, or in case of service disruptions related to the Event and/or the Contract, the User must contact the Seller to request a refund for the Face Value of the Access Tickets purchased.
11.2 The Seller, not being the event organizer or provider, cannot be held responsible for any changes to the Event’s program and advises Users to check the official site or communication channels for updated information.
11.3 The Seller is not responsible for any inconvenience, damage, or disruption experienced by the User due to event cancellations or delays. Refunds for the Face Value must be requested from the Event organizers.
12. Right of Withdrawal
12.1 The Seller informs the User that, according to the regulations governing contracts between professionals and consumers, the right of withdrawal from the contract (as per Articles 52-59 of the Consumer Code) is not applicable to services related to leisure or cultural events, which are subject to specific scheduling, timing, and ticketing rules. Therefore, once the User has purchased an Access Ticket, the contract cannot be canceled or refunded, except in cases of event cancellation or force majeure.
13. Limitations of Liability
13.1 The Seller will not be liable for any damages that may arise to Users from the use of the Site, including computer viruses, omissions, service interruptions, and software failures, including damage to the User’s computer equipment.
13.2 Although the Owner strives to ensure that the information provided on the Site is correct, they do not guarantee that such information is accurate or complete unless expressly required by applicable laws or regulations.
13.4 The Owner may make any modifications to the materials on the Site, services, and prices described at any time and without notice, communicating such changes to the Users in the same manner in which the information was originally provided.
13.5 In case of doubt regarding the information provided through the Site, the User is required to contact the Seller to confirm the information before submitting an order request.
13.6 The Seller assumes no liability for service disruptions caused by force majeure if they are unable to execute the order within the time frame set out in the Contract.
13.7 The Seller will also not be responsible for any damages, losses, and costs incurred by the User as a result of the non-execution of the Contract due to causes not attributable to the Seller.
13.8 The Seller assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards or other payment methods at the time of payment, provided that they have taken all reasonable precautions based on the best knowledge and experience available at the time.
13.9 The Seller disclaims any responsibility for malfunctions arising from or related to the deactivation of cookies in the User’s browser.
13.10 The Access Tickets remain the property of the Seller until the Buyer has paid the total amount due.
13.11 The Seller is not obliged to replace the Access Ticket if it is lost, misplaced, damaged, destroyed, stolen, or rendered unreadable due to being tampered with.
13.12 The Access Ticket must be kept and presented in the event of a fiscal check.
14. Access to the Service
14.1 Although the Owner makes efforts to ensure that access to the Site is available 24 hours a day, they are under no obligation to do so and are not liable to the User if the Site is unavailable at any time or for any period of time.
14.2 The transmission of information over the Internet is not entirely secure. Although the Seller adopts the legal measures prescribed to protect the information entered, they cannot guarantee the security of the data transmitted to the Site. Therefore, transmission is made at the User’s own risk.
14.3 The Seller reserves the right to add or remove functionalities or features, or to temporarily or permanently suspend or interrupt the provision of the Service.
15. Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site and its Services without the express written permission of the Seller.
16. License of Use
16.1 It is not allowed to use the materials from the Site for commercial purposes without obtaining express written permission from the Owner.
16.2 The Site may not be used, nor may any of its parts be reproduced or stored on any other website, nor can it be included in any system or service, whether public or private, for the electronic retrieval of information, without the prior written authorization of the Seller.
16.3 Any rights not expressly granted on the Site are reserved.
17. Copyright
17.1 The Seller owns all rights related to the graphic and conceptual content of the Site.
17.2 All trademarks on the Site, whether figurative or nominative, as well as other signs, trade names, service marks, trade names, commercial names, illustrations, images, and logos that appear on the Site are and remain the exclusive property of the Seller and are protected by applicable trademark laws and international treaties.
17.3 The User agrees not to use the trademarks, trade names, service marks, and other logos, as well as product and service names from the Site, in any way without prior written authorization from the Seller.
18. Privacy
18.1 The personal data related to visiting the Site and purchasing Access Tickets and services are processed by the Seller as the data controller in accordance with the privacy policy available on the Site under the “Privacy Policy” section, which is hereby fully incorporated and which the User acknowledges having read and understood, also by accepting these General Terms.
18.2 For any requests regarding the processing of personal data or complaints, the User must contact the Seller at the email address above.
19. Modifications
19.1 The Seller reserves the right to make changes at any time, notifying the User by publishing them on the Site.
19.2 Any changes to these General Terms will apply to individual Users according to the time frame. Events that occurred or legal relationships concluded before the new general conditions came into effect will be fully governed by the previous version.
19.3 It is recommended to print a copy of these General Terms for future reference. A copy is available in PDF format.
19.4 The User who continues to use the Site after the publication of changes agrees unconditionally to the new general terms.
20. Dispute Resolution
20.1 All disputes arising from this contract may be referred to an attempt at conciliation with the Mediation Organization chosen by the Consumer from those listed at the following link: https://www.mise.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/odr-risoluzione-dispute-online, and governed according to the Mediation Regulation adopted by it, or at the link http://ec.europa.eu/consumers/odr. Through the ODR platform, the Buyer can submit a complaint regarding an online Contract and thus activate the online dispute resolution procedure.
20.2 If the parties wish to resort to ordinary judicial authority, the jurisdiction will be determined by the legal address of the Buyer if they are a Consumer, or of the Seller if the Buyer is a professional.
21. Invalidity
If any clause of these General Terms is found to be invalid, unlawful, or ineffective, such clause will be removed to the extent strictly necessary, and the remaining clauses will remain unaffected and remain in full force.
22. Governing Law and Jurisdiction
22.1 These General Terms and all disputes regarding the execution, interpretation, and validity of individual sales or service contracts are governed by Italian law.
22.2 If the User is not classified as a “Consumer,” any disputes related to the interpretation, execution, invalidity, etc., of these Terms and the individual sales or service contracts concluded will be subject to the exclusive jurisdiction of the Court of Bologna.
22.3 Issues related to the use of the Site are governed by Italian law. Users accessing the Site agree to comply with this regulation. In particular, the Seller does not guarantee that the content of the Site complies with the laws in other countries. Access to the Site is expressly prohibited from locations where the content is considered illegal. Users bear full responsibility for any breach of such prohibitions