Autore: Daria Venuto – Cat: Ristoranti Romantici a Roma
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These General Contract Conditions (GTC) govern the remote sale and, where compatible and not otherwise derogated, the remote sale of services carried out by Elegance Cafè s.r.l.
The following definitions apply to these GTC, it being understood that definitions in the plural will apply to the relevant singular term and vice versa:
Consumer Code: indicates Legislative Decree 6 September 2005, n. 206.
Consumer: means the Customer who is a natural person acting for purposes other than any entrepreneurial, commercial, artisanal or professional activity he or she may carry out.
Elegance Cafè Services Contract: means the contract entered into between Elegance Cafè and the Customer for the provision of Elegance Cafè Services, governed by these GTC and the information provided on the Site prior to the conclusion of the contract, also pursuant to and for the purposes of Articles 49 et seq. of the Consumer Code.
Sales Contract: means the contract concluded between the Customer and Elegance Cafè for the sale of services, governed by these GTC and the information provided on the Site prior to the conclusion of the contract, also pursuant to and for the purposes of Articles 49 et seq. of the Consumer Code.
Customer: means the person who purchases the Entrance Ticket from Elegance Cafè remotely – via the Website or non-remotely, at the Elegance Cafè Point of Sale.
Contract: means the Elegance Cafè Services Contract and the Sales Contract.
Event Location: indicates the set of buildings and lands that constitute the locations where a specific Event will take place.
Holder of the Entry Ticket: means the person who legitimately holds, in accordance with these General Contract Conditions, an Entry Ticket purchased by the Customer.
Elegance Cafè Sales Points: indicates the Elegance Cafè sales location.
Site: means the elegancecafe.it website, owned and operated by Elegance Cafè.
Elegance Cafè: means Elegance Cafè s.r.l., a limited liability company, with registered office at Orazio, 31 – 00100 Rome (Italy); tel. +39-06-57284458, which acts in its own name and on its own behalf under the Sales Agreement.
Entrance Ticket: indicates the document, including in digital format, issued by Elegance Cafè which authorizes the Holder of the Entrance Ticket to access the Event Venue.
3.1 The offer and sale of Entrance Tickets on the Site constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Consumer Code and by Legislative Decree no. 70 of 9 April 2003, containing the rules on electronic commerce.
3.2 These GTC may be modified at any time. Any changes will be effective upon their publication on the Site in the “Terms and Conditions of Purchase” section, located in the footer of each page of the Site. Users are therefore invited to regularly access the Site and consult the most up-to-date version of the GTC before making any purchase.
3.3 The applicable GTC are those in effect on the date the purchase order for an Entrance Ticket is submitted. Before concluding the Contract, the user is required to carefully read all the information that Elegance Cafè provides on the Site, both before and during the purchase process, and to review and approve these GTC by selecting the appropriate box made available to the user during the purchase process and before concluding the Contract.
3.4 These GTC do not govern the sale of products and/or services by parties other than Elegance Cafè that are present on the Site via links, banners, or other hypertext links. Before conducting commercial transactions with these parties, you should check their terms and conditions. Elegance Cafè is not responsible for the provision of services and/or the sale of products by these parties. Elegance Cafè does not carry out any checks and/or monitoring of the websites accessible via these links. Elegance Cafè is therefore not responsible for the content of these sites nor for any errors and/or omissions and/or violations of law by them.
4.1 The purchase of Entrance Tickets on the Site can only be made after registering on the Site in accordance with the procedures set forth in Article 5 below and is permitted to both users who are Consumers and users who are not Consumers. Purchases are permitted to natural persons only if they are 18 years of age or older.
4.2 Elegance Cafè reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these GTC and/or the conditions and/or terms of the Contract; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) users who have provided false, invented, fictitious, incomplete or otherwise inaccurate identification data and/or data that in any way does not correspond to the truth or refers to third parties or who have not promptly sent Elegance Cafè the documents requested by the latter as part of the procedure referred to in Articles 11.1.2 and 11.1.3 below or who have sent invalid documents; (v) a user who has violated the prohibition referred to in Article 5.2 below.
5. Registration on the Site
5.1 Registration on the Site is free. To register on the Site and create an account, the user must complete the appropriate form, entering the personal data requested therein, as well as an email address and password. The user is strictly prohibited from entering, for the purposes of registering on the Site, the personal data of third parties, false, invented, fictitious, and/or otherwise untrue data.
5.2 Each user may only register on the Site once. It is therefore strictly prohibited for users to create multiple accounts on the Site for the same individual, whether natural or legal, and/or for companies and/or entities of any kind, even through the use of truthful information. In the event of a violation of this prohibition, without prejudice to the provisions of Article 4.2 above, Elegance Cafè reserves the right to close all accounts for the same individual, whether natural or legal, and/or for the same company and/or entity. Users further agree to indemnify and hold Elegance Cafè harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way connected to the user’s violation of the prohibition set forth in this Article 5.2.
5.3 Registration on the Site allows the user to carry out, through the reserved and personal account, among other things, the following activities:
– check the status of your most recent orders and view the archive of all orders placed;
– manage your personal data and modify it at any time;
– change your password;
– manage subscription to the “Newsletter” service;
– take advantage of the dedicated services that may be activated from time to time by Elegance Cafè.
5.4 The registration credentials (email address and password) allow the user to make purchases on the Site and to perform, among other things, the activities referred to in Article 5.3 above. They must therefore be kept with extreme care and attention. Furthermore, they may only be used by the user and may not be transferred to third parties. The user undertakes to keep them confidential and to ensure that no third party has access to them. The user also undertakes to immediately inform Elegance Cafè, by contacting them at the contact details in Article 19 below, in the event that he or she suspects or becomes aware of any misuse or improper disclosure of the same.
5.5 The user guarantees that the personal data provided to Elegance Cafè, during the registration process on the Site or, at any other time and/or occasion of his/her relationship with Elegance Cafè, are complete, truthful and refer to the user himself/herself and undertakes to hold Elegance Cafè harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the user’s violation of the guarantee referred to in this article and/or to the violation of the rules on registration on the Site and/or on the storage of registration credentials.
6. Information aimed at concluding the contract
6.1 In compliance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, Elegance Cafè informs the user that:
1. To conclude the purchase contract for an Entrance Ticket on the Site, the user must complete an electronic order form and send it to Elegance Cafè electronically, following the instructions that will appear from time to time on the Site;
2. if applicable, the order form must be sent within the maximum time indicated on the Site;
3. the contract is concluded when the order form reaches the Elegance Cafè server;
4. Before submitting the order form, the user may identify and correct any data entry errors by following the instructions on the Site at various stages of the purchase process;
5. Once the order form has been submitted, Elegance Cafè will send the Customer an order confirmation to the email address provided. The confirmation will contain: a summary of the general and specific terms and conditions applicable to the contract, essential information regarding the purchased Ticket, a detailed indication of the price, the payment method used, delivery costs and any additional costs, the delivery time, as well as information regarding the Customer Service contacts to whom the user can contact for assistance and/or complaints. The order confirmation email, which contains a link to the GTC, constitutes confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, of the Consumer Code; the Customer acknowledges and recognises that, by sending this email, Elegance Cafè has fulfilled the documentation obligations incumbent on it and that, therefore, the Customer is bound by the Contract and is, in particular, required to pay the Total Amount, regardless of receipt of the order confirmation email, which depends on third parties and/or factors that are outside the sphere of control of Elegance Cafè (e.g. the email provider used by the user);
6. The order form will be stored in the Elegance Cafè database for the time necessary to process it and, in any case, within the legal timeframes. The user may access the order form and/or related data through their personal account.
6.2 The languages available to users for contract conclusion are Italian and English. Customer Service is able to communicate with users in the same languages.
7. Data protection
To ensure the smooth running of ticket sales, elegancecafe.it requires basic information such as the name, address, telephone number, and email address of the ticket purchaser. elegancecafe.it complies with Italian data protection law when processing customer data. elegancecafe.it processes, uses, and stores customer data if and to the extent necessary or appropriate for the performance of its services, particularly for ticket sales, ensuring technical and operational security, providing and maintaining the website, and for invoicing and collection purposes. elegancecafe.it stores—in addition to customer data—the date of the order and shipment of the goods for internal order control purposes. elegancecafe.it may entrust the processing of customer data to third parties, such as an external operator of the elegancecafe.it website or a payment collection service. Elegancecafe.it ensures that the data is processed by third parties only to the extent authorized by the company itself. The complete privacy policy can be viewed at elegancecafe.it/privacy
The ticket categories for each event and/or each event date are described on the event page. Seat selection will be automatically generated by the server.
9.1 The Price of the Tickets is indicated on the Site in relation to each category of Tickets on the page of each Event (“Price of the Tickets” or “Price”). The Price is also shown on the Ticket, which is, however, specifically indicated during the purchase process and, in particular, in the order summary that the user views before proceeding to the conclusion of the Contract (“Order Summary”), together with the total amount that the user is required to pay in relation to a specific order and which is constituted by the Price of the Tickets (“Total Amount”).
9.2 Elegance Cafè reserves the right to change the price of Tickets at any time. However, in the case of purchases made through the Site, the price charged to the user will be the one indicated on the Site on the page for each Event and in the Order Summary. Any changes (either increases or decreases) subsequent to the order being submitted will not be taken into account. In particular, any lower price applied by the Organizer to Tickets of the same type or to Events to be held on a particular date after the Customer’s purchase will not entitle the Customer to a refund of the difference.
10.1 The Contract is subject to termination upon non-payment of the Total Amount. Failure to pay the Total Amount will result in the Contract being automatically terminated. The user will be notified of such termination and the resulting cancellation of the order immediately after placing the order, via the Site.
10.2 In order to send an order relating to an Entrance Ticket via the Site, the user must carefully read and approve, by selecting the appropriate box made available to him/her during the purchase process, these GTC.
Payment for Tickets purchased through the Site may be made using the payment methods indicated in the following paragraphs and/or any additional methods indicated on the Site itself. For security reasons, Elegance Cafè reserves the right to apply limitations and exclusions to the payment methods that the Customer may use to pay for Tickets. Payment methods not available for a specific order and/or Ticket will not be viewable and/or selectable by the user during the purchase process. In the event of termination of the Sales Contract and in any other case of refund, for any reason, the refund amount will be credited to the same payment method used by the Customer for the initial transaction; if this is not possible, the refund will be made by bank transfer. TicketOne will ask the Customer for the bank details necessary to process the refund.
11.1.1 Payment for Tickets purchased on the Site can be made using major credit cards: VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, JCB, DINERS, DISCOVER, and POSTEPAY. Accepted credit cards are indicated in the “Payment” section of the purchase process. The Total Amount owed by the user to Elegance Cafè is charged upon order submission.
For electronic payments, Elegance Cafè uses appropriate third-party gateways with high security standards, specifically: PayPal (https://www.paypal.com), Stripe (https://www.stripe.com), GooglePay (https://pay.google.com), and ApplePay (https://www.apple.com/it/apple-pay/).
Elegance Cafè does not process or store customer payment data in any way or form.
11.1.2 To ensure the security of payments made on the Site and to protect against fraudulent use of credit card data, the 3D-Secure procedure introduced by European Directive 2366/2015 (SPD2) is applied. More specifically, the 3D-Secure procedure requires that browser data, credit card data, address data (billing address, email address), as well as the transaction amount and currency, be transferred to the credit card issuer. This institution processes the data received to determine the fraud risk of the transaction, taking into account the amount and the calculation result. Where necessary, depending on the findings, the credit institution may request authentication of the payment transaction from the credit card holder, for example, via a transaction authentication number or via an app.
11.1.3 Furthermore, in order to ensure the security of payments made on the Site and prevent possible fraud, Elegance Cafè reserves the right to ask the user, via email, to send, via the same means, a copy of the front and back of his or her identity card and, if the order is made in a different name than the cardholder, the cardholder’s identity card. The document must be valid. The request email will specify the deadline by which the document must be received by Elegance Cafè. This deadline will, in any case, not exceed 5 business days from receipt of the user’s request. The order will be suspended pending the receipt of the requested document. The user is required to send the requested documents within the indicated deadline.
11.1.4 If Elegance Cafè does not receive such documents within the timeframe specified in the request email, or if it receives expired or invalid documents, the contract will be automatically terminated pursuant to art. 1456 of the Italian Civil Code, and the order will consequently be cancelled, without prejudice to Elegance Cafè’s right to compensation for any damages it may incur as a result of the user’s non-compliant behavior. Termination of the contract, of which the user will be notified via email no later than 5 working days after the deadline for sending the documents requested by Elegance Cafè, will result in the cancellation of the order and the consequent refund of the Total Amount, if paid, by crediting the same payment method used. If Elegance Cafè promptly receives the valid requested documentation, the delivery terms applicable to the order will start from the date of receipt of such documentation.
11.1.5 Elegance Cafè uses a secure payment service that uses the SSL security protocol. Confidential credit card information (card number, cardholder name, expiration date, security code) is encrypted and transmitted to the payment processor. Elegance Cafè therefore never accesses or stores the credit card information used by the user to pay for Admission Tickets, except in the case, limited to the cardholder information, referred to in Articles 11.1.3 and 11.1.4 above.
12. Exclusion of the right of withdrawal from the Contract
Elegance Cafè informs the Customer that, since the Contract concerns the provision of leisure services that it undertakes to provide on a specific date, the right of withdrawal provided for by Article 52 of the Consumer Code does not apply to the Contract, pursuant to Article 59, paragraph 1, letter n) of the Consumer Code. The Customer may therefore not exercise this right in relation to the purchase of Entrance Tickets.
13.1 Without prejudice to the provisions of the preceding articles, in all cases of discrepancies between the Entrance Tickets and those purchased, the Customer may contact Elegance Cafè at the contact details indicated in Article 19 below. Elegance Cafè will respond to the request no later than 15 working days after receipt and, in any case, in sufficient time to allow the Customer to participate in the Event.
14.1 All Ticket Holders must have a valid Ticket to access the Event Venue. The provisions of these GTC and all other provisions applicable to the Client as well as the provisions applicable to the Event apply to them.
14.2 The Ticket constitutes access exclusively to the Event for which it was issued, on the day and at the time indicated therein. Elegance Cafè reserves the right to refuse access to the Event Venue due to irregularities in the Ticket and to carry out checks on the person for security reasons. If the Ticket is found to have been stolen, duplicated, or obtained in violation of these GTC and/or the law, the Ticket Holder may not be authorized by Elegance Cafè to access the Event Venue or may be forced to abandon it. Tickets issued cannot be reprinted. Similarly, if the Ticket is lost, access to the Event Venue will not be permitted. In any case, Elegance Cafè will not replace the Entrance Ticket if it is lost, misplaced, deteriorated, damaged or destroyed or if the Entrance Ticket has been stolen or is even partially illegible because the Customer presented it in a damaged condition.
14.3 Elegance Cafè may cancel, at any time, at the request of the authorities responsible for safeguarding public order and safety, for technical and/or organizational reasons other than those set forth in Article 16 below and, therefore, in the context of an Event that is not canceled, an Entry Ticket already issued or a purchase order relating to an Entry Ticket already placed. In this case, the Customer will be entitled to a refund of the Total Amount paid.
15.1 Entrance Tickets cannot be resold for a fee in the context of the professional performance of a commercial activity, even if not organised as a business, without the express consent of Elegance Cafè if it specifically prohibits the transfer of ownership based on nominative principles.
16.1 You can request information, send communications or forward complaints by contacting Elegance Cafè customer service:
– through the website, or by email at info@elegancecafe.it
– or to the contact details indicated, in addition to art. 2 of these GTC, in the “Contacts” section of the Site.
16.2 Elegance Cafè will respond to complaints by email and/or telephone within the timeframe set out in Article 14 above.
17.1 The Contract is subject to Italian law. Any more favorable and mandatory provisions of the law of the country in which they have their habitual residence may apply to Consumer Users who do not have their habitual residence in Italy.
17.2 Please remember that in the case of a Consumer user, any dispute relating to the application, execution and interpretation of these GTC or the Contract shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
18.1 Pursuant to art. 141-sexies, paragraph III, of the Consumer Code, Elegance Cafè informs the Consumer user that, in the event that he has submitted a complaint to Elegance Cafè, following which, however, it has not been possible to resolve the dispute that has arisen, Elegance Cafè will provide him with information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these GTC (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
18.2 Users residing in a European Union member state other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these GTC, the European procedure established for small claims disputes, pursuant to Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed €2,000.00, excluding interest, fees, and costs. The text of the regulation is available on the website www.eur-lex.europa.eu
18.3 In any case, the rights of Consumer users to bring any dispute arising from these GTC or the Contract before the competent ordinary court are reserved, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promoting an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
19.1 During the Covid-19 health emergency, Elegance Cafè is adapting its purchasing, event venue access, and refund procedures, which may therefore be subject to limitations and restrictions, in accordance with both the regulatory dynamics currently in force adopted by the Government/Legislator to address it, and the decisions taken by Elegance Cafè based thereon.
19.2 If a scheduled event cannot be held due to the regulatory provisions adopted by the Government/Legislator to address the Covid-19 health emergency, Elegance Cafè, pursuant to art. 88 of Legislative Decree no. 18 of 17 March 2020 (‘Cura Italia Decree’), as subsequently amended, may choose, as appropriate, to refund the Tickets purchased for the cancelled event via voucher, arranging for the refund itself.