Condiciones de venta

Condiciones de venta

Updated May 2021

GENERAL INFORMATION

Seller's details.
The entry tickets covered by these General Conditions are put up for sale by the Pro Marostica Association (hereafter also "Pro Marostica") with its registered office located in Marostica (VI), Piazza Castello n. 1, C.F. 91006230246 and P.IVA 00898120241, here below as seller;

- pec address:  marosticascacchi@pec.marosticascacchi.it
- ordinary e-mail address: info@marosticascacchi.it
- telephone number: +39 0424.72127
- e-mail address to make complaints: info@marosticascacchi.it

The clauses of this contract may be amended as a result of legislative action; we therefore invite you to periodically read these conditions included in the footer of the Site. The provisions applicable to these Terms of Sale are those provided for by Legislative Decree No. 206 of 6.9.2005 ("Consumer Code") in addition to those in general applicable to the type of service provided pursuant to Legislative Decree no. 70/2003 on information society services and e-commerce, as well as the rules provided for by the Civil Code.
Before submitting the purchase proposal, you declare that you have read these General Terms of Sale and, in particular, the pre-contractual conditions as described below, and to accept them all unconditionally. The Buyer's request to purchase the Ticket implies the unreserved acceptance of any of these General Terms of Sale that override all previous or specific versions generated by the Buyer, including the exchange of e-mail messages.
For the purposes of the execution of this contract, the Pro Marostica Association avails itself of the company Planet S.r.l. Sistemi Informatici, P.I. 04809530480, with its registered office located in Campi Bisenzio (FI), San Piero a Ponti, Via Allori n. 5, which manages the online reservation system called “Ticka" on behalf of the first.
The Contract, as defined below, may be finalized, at the buyer's choice, in any of the languages in which the Terms are available on this Site. Registration on the Site is allowed only to consumers natural persons who are of age.
The applicable General Conditions of Sale are those present on the Site at the time of the request of the Ticket.
These Terms of Sale do not govern the sale of products and/or services by subjects other than the Pro Marostica Association who are present on the Site through links, banners, or other hyperlinks. Before making commercial transactions with such subjects, it is necessary to verify their conditions of sale. The Pro Marostica Association declines all responsibility for the provision of services and/or for the sale of products by such subjects.

1. DEFINITIONS

1.1. "E-commerce" means "any trade relationship between two or more entities that is achieved remotely by electronic means".
1.2. The term "Consumer" means the natural person who makes the purchase for purposes unrelated to any commercial, craft or professional activity carried out. Below is called "Buyer/User".
1.3. The expression "Seller" means the subject indicated in the epigraph that sells the Tickets to the Event and that, unless otherwise specified, coincides with the Organizer.
1.4. The term "Site" means the Website www.marosticascacchi.it
1.5. The expression "Entry ticket" means the ticket, not named, also in digital format, issued by the online sales circuit on the Website.
1.6. The expression "Ticket" means the voucher with the assignment of the seat issued by the Organization upon presentation of the Entry Ticket.
1.7. The expression "Event" means the event, show or representation to which the bearer of the Entry Title has the right of access.
1.8. The expression "Organization/Bull" or “Production" means the organizing entity of the Event whose identification details are above.

2. SUBJECT MATTER OF THE CONTRACT

2.1. With this Agreement of Sale (hereafter the "Contract") the Seller sells, and the Buyer remotely purchases through electronic tools, the non-nominative ticket to attend the Event.
2.2. Entry Tickets, subject to different provision made explicit by the Organization at the time of purchase in the online procedure, are not named.
2.3. The Tickets can be purchased on the website page, which contains the catalogue and availability.

3. PROCEDURES FOR THE CONCLUSION OF THE CONTRACT

3.1. There is a prior registration procedure on the Website. To formalize his proposal for the purchase of the Entry Tickets referred to in article 2 above, the Buyer must follow the procedures reported within the Site itself, filling in the relevant order form.
3.2. This contract shall be concluded exclusively through the Internet. The Buyer, after selecting the number of Tickets he wants to buy and having clicked on "Buy" realizes a proposal addressed to the Seller.
3.3. The Contract ends only after the Seller has verified the correctness of the data reported, i.e., the payment has been validated, and therefore has accepted the proposal by starting execution pursuant to art. 1327 c.c.. The start of execution coincides with when the order will be processed.
3.4. The submission of the request by the Buyer will therefore involve the obligation to pay the Ticket. An order confirmation webpage will then appear. At the same time, an e-mail confirming the purchase made will be sent to the address indicated by the Buyer. This e-mail will contain information about the essential characteristics of the goods or services, the details of the payer and the order, the ID code of the Entry Ticket and the date, the price of the Ticket (in Euro and including VAT), and the means of payment used for the purchase.
3.5. As soon as the payment is received, thus having concluded the contract, the Seller will take charge of the purchase order. The place of conclusion of the contract is that of the Seller's registered office.
3.6. By electronic transmission of the order, the Buyer declares to accept the Privacy Policy and the General Conditions of Sale expressly and unconditionally and to observe them in relations with the Seller.
3.7. To submit an order relating to an Entry Ticket through the Site, the User must carefully read and approve, by selecting the box made available to him during the purchase procedure, these General Conditions.

4. HOW TO CORRECT DATA ENTRY ERRORS BEFORE FORWARDING

4.1. Before proceeding to the transmission of the purchase proposal through the online procedure, the User can identify and correct any errors in the insertion of data by recompiling the appropriate field. 4.2. With reference to the technical means made available to the Buyer to identify and correct data entry errors, the system, before formulating the purchase proposal, automatically reports any errors resulting from the failure to indicate the mandatory data in the various fields of the online purchase procedure. During this process it is also always possible to consult these Terms of Sale as well as get assistance by contacting the telephone number +39 0424.72127 or by writing to the email address info@marosticascacchi.it

5. HOW TO FILE THE CONTRACT

5.1. The Seller advises the Buyer to keep a copy of these General Terms of Sale in digital or paper format.
5.2. The Seller informs the Buyer that each order sent is kept in digital format on the server according to confidentiality and security criteria. In addition, to ensure that it is stored in a "durable medium", a copy of the general conditions of sale is present in the "General Terms of Sale" section in PDF format and is freely downloadable.

6. PAYMENT ARRANGEMENTS

6.1. Any payment for the Tickets purchased by the Buyer can only be made through the payment methods indicated as possible on the Site at the time of purchase.
6.2. All orders placed, before being processed, are subject to verification of authenticity directly by the relevant card issuing institutions, to protect the Buyer. With this form of payment, once this procedure has been completed, the Buyer will have generated a purchase proposal that will be confirmed by e-mail, with the assignment of a specific "order number" that he will have to use in any further communication with the Pro Marostica Association.
6.3. In the event of termination of the Sales Agreement and in any other case of reimbursement, in any case, the amount of the refund will be made by bank transfer. To this end, the Pro Marostica Association will ask the Buyer for the bank details necessary to make the refund.

7. PRICES

7.1. The sales prices of the Tickets displayed and indicated within the Site are expressed in Euro.
7.2. The costs of shipping paper tickets by postal service, if expressly provided at the time of purchase, are paid by the Buyer. Likewise any additional charges, if expected, will be charged to the Buyer.
7.3. The prices indicated on each Ticket are valid until the date indicated on the Site or until their modification, it being understood that the price will be the one indicated at the time of purchase.
7.4. The price of the Tickets will be the one indicated from time to time on the Site unless there is an obvious error. If this happens, the Buyer will be informed immediately, and the option will be granted to confirm the order at the right amount or cancel it.
7.5. Discounts and promotions: if a promotion is active and, if the Buyer is in possession of a discount code or personal promotion, it is possible to use it at the time of payment by entering the discount voucher code in the appropriate section and confirming it by clicking on the appropriate button. If addressed to all potential Buyers, discounts and promotions may be disclosed through dedicated communications or through the Website's web pages.
7.6. The following price reductions are provided for the event "The Living Chess Game of Marostica":
a) for minors from zero to 2 years old (i.e., up to 1 year and 364 days) the Admission Ticket is free of charge;
b) for minors from 2 years of age (i.e., by "birthday" also if coinciding with the day of the show) up to 12 years of age not completed (i.e., up to 11 years and 364 days) it is possible to purchase the Entry Ticket at a reduced price.
The Organization reserves the right to request the presentation of the child's identity card at the time of access to the entertainment area and for the duration of the show. If it appears that the Ticket has been purchased by circumventing the rules indicated above, the Organization will have the right to request the integration of the ticket price.
7.7. The Organizer reserves the right to change the Price of the Tickets at any time. Notwithstanding in the case of purchase through the Website, the price that will be charged to the Buyer will be the one indicated on the Site and on the page relating to the purchase of the Securities and in the summary of the order and that any changes increasing or decreasing, following the transmission of the order, will not be considered. In particular, any lower price that, after the purchase by the User, was applied by the Organizer to Tickets of the same type or regarding Events to be held on a particular date, will not give the Customer the right to refund the difference.

8. TAX INFORMATION

8.1. Price applied to customers residing in Italy: the prices of the Tickets that are published on the Site are indicated including VAT and including any pre-sales rights fixed and applied by the Seller himself.

9. DELIVERY TIMES

9.1. The Ticket is automatically generated by the online procedure, delivered (immediately after payment) to the inbox indicated by the Buyer and made immediately available for printing. For this purpose, the delivery must be said to have been fulfilled by the delivery of the Ticket to the Buyer's e-mail box indicated in the purchase procedure.

10. AVAILABILITY OF ENTRY TICKETS

10.1. The Seller ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the possibility to purchase the Entrance Tickets.
10.2. The admission tickets available are those indicated on the Site at the time of consultation. The place is chosen by the Buyer among the free ones and available at the time of purchase.
10.3. After selecting the required number of Tickets and clicking on "Buy" a request is generated to the server. All requests generated in this way are processed in chronological order based on when the purchase requisition arrives at the Server. The purchase of the Titles can therefore be refined only if at the time when the User's request reaches the Server there is still the availability of them, considering the requests for Titles made by other users simultaneously. If there is no more availability of Tickets, no charge will be charged to you.

11. PURCHASE ORDER

11.1. The contract shall be resolutely conditional on non-payment of the total amount. If such payment does not take place for that amount, the contract will be terminated in law. Of this resolution and the consequent cancellation of the order, the User will be immediately notified.
11.2. Ownership of the Tickets will be transferred to you at the time of conclusion of the contract.

12. RIGHT OF WITHDRAWAL

12.1 The Organization informs the User that, having the contract for the provision of services concerning the leisure activities that the Organization undertakes to provide on a specific date, the right of withdrawal provided for by Art. 59, Co. I, point n) of Legislative Decree no. 206/2005 does not apply. Therefore, the Buyer will not be able to exercise this right in relation to the Entry Tickets purchased.

13. LIMITATIONS OF RESPONSIBILITY

13.1. The Seller assumes no responsibility for disruptions attributable to force majeure, if he fails to execute the order within the time limits provided for in the contract.
13.2. The Seller cannot be held liable to the Buyer, except in the case of malicious misconduct or gross negligence for disruptions or malfunctions related to the use of the Internet and the Site outside its control.
13.3. The Seller will also not be liable for damages, losses and costs suffered by the Buyer as a result of the non-execution of the contract due to his not being attributable.
13.4. The Seller assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards and other means of payment, when paying for the purchased products, if he proves that he has taken all possible precautions based on the best science and experience of the moment based on ordinary diligence.
13.5. Under no circumstances may the Buyer be held liable for delays or mispayment if he proves that he has done so within the time and manner indicated by the Seller.
13.6. The Seller reserves the right to make changes to the Site and/or rectify these legal conditions whenever necessary, without the need to give notice.
13.7. The Seller guarantees that his Site is protected according to the international standards provided for the Internet. For use, if correct, the Buyer is protected from viruses.
13.8. The Seller disclaims all responsibility for any malfunctions arising and/or related to the deactivation of cookies in the User's browser.
13.9. It is up to the Buyer to verify the conditions of the Entry Ticket that has been given to him. The risk of loss or damage of the same, due not attributable to the Seller, is transferred to the Buyer when the buyer, or a third party designated by the same and different from the carrier, physically enters into possession of the Tickets. It is therefore recommended that the Buyer verify that the Entry Tickets received refer to the Event for which the Customer purchased them as well as the correctness of the date, category, type of seats and number of Tickets received. In case of mismatch between the Entry Tickets received and those purchased, the Buyer can contact the

Seller at the following contact details:
- email address:  info@marosticascacchi.it
- telephone number: +39 0424.72127

13.10. Except in the case of malicious misconduct or gross negligence, the Organizer cannot be held responsible for expenses and for damages, direct and indirect, of any kind suffered by the Buyer in relation to the sale of Tickets.

14. TICKET AND PARTICIPATION TO THE EVENT

14.1. To access the venue of the Event, all subjects must be provided with a valid Ticket.
14.2. The Ticket is the access ticket only for the Event for which it was issued, on the indicated day and time. The Organization therefore reserves the right to refuse access to the event venue for irregularities of the Entry Ticket, as well as to order you to abandon the Event and/or carry out checks for security reasons.

15. EVENT POSTPONED OR CANCELLED DUE TO BAD WEATHER

15.1. In case of bad weather, the Event may be cancelled at the discretion of the Organizer. Cancellation will never take place before the scheduled time for the start of the Event.
If the weather conditions do not allow the timely start of the Event, the Organizer may, at his own unquestionable judgment, postpone the representation up to 90 minutes before declaring the cancellation of the same.
Communications regarding the postponement, cancellation, or suspension of the Event, as well as the Decisions of the Organizer regarding the refund or replacement of the Tickets, will be made public through the website www.marosticascacchi.it, as well as through verbal communication through the speakers that may be present on site.
15.2 If the Event is cancelled after the start of the event, any right to refund the Tickets will be void.
If the cancellation takes place within the first 30 minutes of the start of the Event, the Buyer will be entitled to purchase another ticket, of the same category, with a 50% reduction on the nominal sale price (net of taxes and rights), for another representation, if expected, of the same Event and the same season.
The purchase request must be submitted in good time to be able to witness the scheduled replication for the same season.
In the show "The Living Chess Game" the beginning of the Event coincides with the reproduction of the sequel.
15.3. If the Event is cancelled before the start of the event, the Buyer will be entitled to exchange his Ticket with another of the same category for another representation, if expected, of the same Event and the same season.
The trade-in will take place through a request to be made directly at the Organizer's Ticket Office or by filling in the appropriate online form within a reasonable period to be able to participate in any replication.
To obtain the trade-in you must hand over or attach the Entry Ticket.
The Organizer reserves the right to verify that the same Ticket has not already been refunded pursuant to point 15.4 before granting the trade-in.
15.4 Alternatively, if there are no other replicas of the same Event or the Buyer does not opt for the trade-in, the Buyer may request a full refund of the Ticket within 4 days from the date of the Event cancelled directly at the Organizer's Ticket Office or by filling in the appropriate online form.
To obtain a refund, you must hand over or attach the Entry Ticket.
The Organizer reserves the right to verify that the Entry Ticket for which the recast is asked has not already been traded in pursuant to point 15.3.
After ascertaining the right to obtain a refund, the same will be paid exclusively by bank transfer to the coordinates that will be communicated by the Buyer.
In any case, only the nominal selling price indicated in the ticket will be refunded, net of taxes and fees that have burdened the Ticket.
15a. POSTPONEMENT EDITION 2020 CAUSE OF COVID- 19 HEALTH EMERGENCY
15a. 1. The edition of La Partita a Scacchi a Personaggi Living, originally scheduled for the days 11-12-13 September 2020 and then for the days 10-11-12 September 2021, is suspended and postponed to 09-10-11 September 2022 in the face of the Covid-19 health emergency.
15a .2. In accordance with Art. 36, paragraph 4, of Law No. 69 of 21.05.2021 converting Decree Law No. 41 of 22.03.2021 (so-. "Support Decree"), tickets purchased for the 2020 and 2021 editions remain valid and are automatically assigned to Entrance Tickets to be used in 2022 for the same performance (Friday evening, Saturday evening, Sunday afternoon, Sunday evening) and for the same seat already assigned.
15a .3. Alternatively, the Spectator, who has purchased an Entry Ticket for the 2020 edition, is entitled to apply for reimbursement in the manner referred to in art. 183, paragraph 11, point b), D.L. n. 34/ 2020 as converted by Law No. 77/ 2020. In this case, the Buyer will be able to take advantage of a voucher of the value of the Ticket to be used exclusively for the purchase of other Tickets to the Event that will be held on 09- 10- 11 September 2022. The request must be made through the channels indicated on the website www.marosticascacchi.it.

16.PROHIBITIONS

16.1. Entry tickets may not be resold for consideration in the context of the professional performance of commercial activities, even if not organized in the form of a company, without the express consent of the Organizer and in any case if the Organization specifically prohibits the transfer of ownership according to the principles of registration (if they exist for the type of Entry Ticket).
16.2. The Buyer declares that he will not use the Entry Tickets in violation of this provision.

17. COMPLAINTS

For any complaint, the Buyer can contact the e-mail address: info@marosticascacchi.it

18. FINAL BUYER

The products for sale included on the Site are intended for the Final Consumer Buyer, identified pursuant to art. 1.2. of these General Conditions.

19. LACK OF CONFORMITY AND GUARANTEES

19.1. Without regard to the provisions of the articles preceding, in all cases of differences in the Entry Tickets compared to those purchased, the User may contact the Organization at email address info@marosticascacchi.it or at the telephone number +39 0424.72127, which will meet the request at the latest within the 15-day deadline and, in any case, in a useful time to allow the User to participate to the Event.
19.2. There is no lack of conformity if, at the time of conclusion of the contract, the Buyer was aware of the defect and could not ignore it with ordinary diligence.

20. EXPRESS TERMINATION CLAUSE

Any obligation not fulfilled by the Buyer in accordance with the procedures provided for in these contractual conditions entails the termination of the contract pursuant to and for the effects referred to in art. 1456 c.c..

21. PRIVACY

The Buyer may obtain information on the processing of personal data in the privacy section by clicking on the link contained in this specially prepared Site.

22. SETTLEMENT OF DISPUTES

22.1. All disputes arising from this contract may be devolved to an attempt to reconcile with the Mediation Body chosen by the Consumer among those present in the following link: http://www.sviluppoeconomico.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatori/controversie-di-consumo/adr-resolution-alternativa-controversies and regulated according to the Conciliation Regulation adopted by it or at the link http://ec.europa.eu/consumers/odr. Through the ODR platform, the Buyer can submit a complaint relating to a Contract concluded online and thus activate the online dispute resolution procedure.
22.2. If the parties intend to bring the matter before the ordinary judicial authority, it is the one corresponding to the Seller's Registered Office.

23. APPLICABLE LAW AND JURISDICTION

23.1. This contract is governed by Italian law.
23.2. The issues related to the use of the Site are regulated by Italian law. Users who access the Site, declare to accept such regulation. In particular, the Seller does not guarantee in any way that the content of the Site complies with the regulations in force in other countries. Access to the Site is expressly prohibited from places where its contents are considered illegal. Buyers assume full responsibility for any transgression of such prohibitions.
23.3. The seller does not offer any guarantee that the information published on its Site will be complying with the laws provided by the Buyer's country of residence.

24. AGE REQUIREMENTS

Minors (under the age of eighteen or otherwise minors under the law of their country) cannot buy online on this Site. Underage users are therefore advised not to subscribe to any service.

25. AVAILABLE LANGUAGES

The languages available for these General Terms of Sale on the Website are Italian and English.

In accordance with and for the effects referred to in Articles 23 and 10 of the Directive, the Court of First Rules of Law of the European Treaty must be held to 1341 and 1342 c.c. and pursuant to Art. 33 and 36 Dlgs 206/2005 the Buyer declares to have read carefully and expressly accept the content of the following clauses: 13. Limitations of liability; 20. Express termination clause; 22. Settlement of disputes (Mediation Body and Judicial Authority); 23. Applicable law and jurisdiction.