TERMS OF SERVICE
Please read these Terms of Service carefully before using the services of Marketing Italia s.r.l. and before proceeding with the purchase of any type of Naples Pass. With the use of the services of Marketing Italia s.r.l., or by making any purchase, you fully accept these Terms of Service and agree to be aware of its complete content.
Reporting approach: to report problems or poor service, buyers must communicate by e-mail firstname.lastname@example.org or by sending a registered letter to our registered office address in Naples: at Galleria Umberto I n. 27.
ART.1 - CONCEPTS
1.1) The following concepts and the following definitions are used in the Contract:
- Contract or Agreement: this Contract for the purchase and sale of the Naples Pass in addittion to the Artecard, allows you to have access to discounts and promotions at the best places in Naples, as well as free access to sites of interest and discounts on public transport .
- Services of Marketing Italia s.r.l.s .: the "Naples Pass" App interface, which the company provides to the user to perform all the authorized operations and the monitoring of the instruments used to place orders. The agreement is concluded electronically via the "Naples Pass" app and is electronically agreed between the company and the registered user
ART. 3 - PRIVACY AND COOKIES
ART. 4 - SUBJECT OF THE CONTRACT
4.1) The display of products present in the Marketing Italy s.r.l. services constitutes an invitation to offer. The Naples Pass App is designed to purchase securities that allow access to discounts and promotions at the best places in Naples, as well as free access to sites of interest and discounts on public transport.
4.2) To order a product you only need to register in the App, select the desired product, put it in your cart and complete the order by paying the purchase price by Paypal.
If you want to buy one or more products shown on the App, you can select them one by one, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your shopping cart and submit the order. The products will be sold as described in the relevant information sheets. The image accompanying the description of a product may not be fully representative of its characteristics. All the information supporting the purchase are intended as simple general information material, not referable to the real characteristics of a single product.
4.3) Your order will be considered as your purchase contract proposal addressed to Marketing Italia s.r.l. for the listed products, each considered individually. The Sales Contract with Marketing Italia s.r.l. will only be concluded with the payment of the purchase price. With the payment of the purchase price and the conclusion of the contract, Marketing Italia s.r.l. will add the products you purchased immediately in your personal area.
4.4) The Naples Pass purchased by you, which is for 3, 7 or 365 days, is effective immediately after purchase and will be registered in the name of the registered user, until the end of the validity period on the third, seventh or the three hundred and sixty-fifth day that follows up to the purchase, respecting the hour in which the purchase took place. In the case of a transfer, the Naples Pass will be re-registered to the person to whom it has been transferred. In case of the purchase of more than one "Naples Pass", the duration of all passes will begin to run simultaneously, without any possibility of refund. The complete list of the affiliated activities and the relative discount offered to Naples Pass holders is available in the "Naples Pass" App, available on the Google Store and App Store. Show your Naples Pass as soon as you enter the affiliated business, the discount will not be applied if the activity has already issued the tax receipt. Once you have shown your Naples Pass your code will be scanned by the operator who will verify its validity, if your Naples Pass is invalid, the discount will not be applied.
4.5) Differently from the Naples Pass, the Campania> 3-day artecard also applies to transport (only in physical card format), therefore the digital version is not a valid travel document. It is a personal and non-transferable card, it must be endorsed on admission to each site and must be shown to the service staff on request. Campania> artecards Transportation and Places must be withdrawn in physical card format at the collection points indicated in the App, immediately after the purchase of the digital version of the Naples Pass. For the purposes of the effective date of its validity, it is necessary to stamp it at first use. It expires at midnight on the last day of its validity period. For applicable conventions, it is necessary to consult the "Naples Pass" App. Campania> artecard 7 days does not apply to transport, it is digital only, and enjoys the same guidelines as the "Naples Pass" referred to in the previous points, with the exception of the period of validity that will always expire at midnight on the seventh day after activating it.
4.6) You agree to receive electronic invoices from Paypal in relation to the transaction made. No other tax document will be issued by Marketing Italia s.r.l.
4.7) With this agreement, you accept that Marketing Italia s.r.l. generates gains and profits from the transactions on its platform. The company takes a commission for processing each order for a percentage of the value of the products.
ART. 5 - RIGHT OF WITHDRAWAL AND LEGAL CONFORMITY GUARANTEE
5.1) Pursuant to and in accordance with art. 59 of Legislative Decree 206/2005, it is conventionally excluded the right of withdrawal for the existence of the conditions set out in lett. d) and o) for the said Article. Notwithstanding any other request made by the user after direct contact with Marketing Italia s.r.l.
5.2) Given the characteristics of the product sold by Marketing Italia s.r.l., the legal guarantee of conformity provided by Legislative Decree no. 206/2005 is not applicable.
ART. 6 - PRICES AND AVAILABILITY
6.1) All prices include VAT applied by law
6.2) Information on the availability of the products we sell can be listed on the App, as well as on the presentation page of each product. The product page contains all the information that we own. Once your order is received, we will notify you as soon as possible at your e-mail address, if some of the products you have ordered are not available at the moment and, if possible, when they are available again.
ART. 7 - COPYRIGHT AND RIGHTS ON DATA BANKS
7.1) All content that is present or made available through the Marketing Italy s.r.l. Services in the form of texts, graphics, logos and any other tools present in the software used, is the property of Marketing Italia srls, or its content providers, and are protected by Italian laws and international laws on copyright and rights on the databases. The list of all the content present or made available through the Marketing Italia s.r.l. Services is the exclusive property of Marketing Italia s.r.l. and is protected by Italian, EU and international laws on copyright and database rights.
It is not permitted to extract and / or systematically reuse parts of the Marketing Italia s.r.l. services without the express written consent of Marketing Italia s.r.l. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) to re-use any substantial part of any Marketing Italia s.r.l. services, without our express written consent. You cannot even create and / or publish your own database that reproduces substantial parts (eg prices and product lists) of the Marketing Italia s.r.l. Services without the express written consent of Marketing Italia s.r.l. and its suppliers.
ART. 8 - TRADEMARKS AND PATENTS
8.1) All graphics, logos, page headers, icon buttons, characters, and service marks included or made available through any of the Marketing Italia s.r.l. Services are trademarks, distinguishing marks or patents of Marketing Italia s.r.l. or its licensors, suppliers, publishers, owners or other service providers.
8.2) The trademarks, identification marks or patents of Marketing Italia s.r.l. can not in any way be used in relation to products or services that do not belong to Marketing Italia s.r.l., in such way that it generates confusion among customers or in any way that may denigrate or discredit Marketing Italia s.r.l., damaging its commercial reliability. All other trademarks or patents that are not owned by Marketing Italia s.r.l. and that appear on any of the Marketing Italia s.r.l. services are the property of their respective owners, being sponsored or reproduced by Marketing Italia s.r.l. on the basis of specific legally signed agreements.
ART. 9 - LICENCE FOR ACCESS TO MARKETING ITALIA s.r.l. SERVICES
9.1) On condition that you comply with these Terms of Service, and that you pay any applicable fees, Marketing Italia s.r.l. or its content providers grant you a limited, non-exclusive, non-transferable and non-sublicensable licence to access the Marketing Italia s.r.l. Services and the software owned by Marketing Italia s.r.l. for your personal, exclusive and non-commercial use. This licence does not include any right of resale or commercial use of each Marketing Italia s.r.l. service or its contents, nor does it include the right to collect and use lists, descriptions or prices of products, make derivative use of Marketing Italia s.r.l. services or their contents, make any kind of download or copy of account information for the benefit of another dealer or use data mining, robots or similar data acquisition and extraction devices. All rights not expressly granted by these Terms of Service remain with Marketing Italia s.r.l. or its licensors, suppliers, publishers, owners or other service providers. You may not reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial or non-commercial use, not even exclusively personal, the Marketing Italia s.r.l. Services, in whole or in part, without our express written consent. You may not framing or use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page settings, or format) of Marketing Italia s.r.l. without our express written consent. You may not use any meta-tags or any other "hidden text" using the name or trademarks of Marketing Italia s.r.l., without our express written consent. You must not use, in any way, the Marketing Italia s.r.l. Services in an improper manner.
9.2) You may only use the Marketing Italia s.r.l. Services within the limits of the law. Violation of the Terms of Service will result in the immediate and definitive revocation of the authorisation or licence issued by Marketing Italia s.r.l., with possible legal consequences in both civil and criminal law.
ART. 10 - SOFTWARE TERMS NAPLES PASS APP
10.1) In addition to these Terms of Service, the software (including any updates/upgrades or patches, and the relevant documentation) that Marketing Italia s.r.l. makes available to the User from time to time in relation to the Marketing Italia s.r.l. Services shall be subject to the following terms:.
- Use of the Marketing Italia s.r.l. Software You may only use the Marketing Italia s.r.l. Software for the purpose of using the Marketing Italia s.r.l. Services within the limits of the Terms of Service. You may not incorporate any part of the Marketing Italia s.r.l. Software into your programs or build portions of them in combination with your programs, you may not in any way transfer the Marketing Italia s.r.l. Software for use in connection with another service, or sell, rent, lease, distribute, sublicense, or otherwise dispose of any rights in the Marketing Italia s.r.l. Software, in whole or in part. You may not use the Marketing Italia s.r.l. Software for any unlawful purpose. We may cease to supply the Software Marketing Italia s.r.l. and may revoke your right to use the Software Marketing Italia s.r.l. at any time. Your right to use the Software Marketing Italia s.r.l. will be automatically revoked, without notice from us, in the event of your failure to comply with the provisions of this Article and the Terms of Service. The Software Marketing Italia s.r.l. may be subject to the application of additional terms and conditions of third parties, contained in or distributed with certain Software Marketing Italia s.r.l. (or software incorporated into the Software Marketing Italia s.r.l.) indicated in the relevant documentation. Such provisions will prevail in the event of conflict with the Terms of Service. The additional software used in the Marketing Italia s.r.l. Services are the property of Marketing Italia s.r.l., or its software suppliers, and are protected by Italian, Community and international law on copyright and intellectual property.
- Use of third-party services. When you use the Marketing Italia s.r.l. Software, you may also use services provided by third parties, such as providers of a wireless service or mobile phone platform. The use of services provided by third parties is subject to the policies, conditions of use and tariffs of those parties, for which Marketing Italia s.r.l. is not directly or indirectly responsible. .
- Prohibition of "reverse engineering".You may not copy, modify, reverse engineer, decompile or disassemble, or in any other way intervene on the Marketing Italia s.r.l. Software, in whole or in part, or create derivative works from or of the Marketing Italia s.r.l. Software, nor encourage, assist or support other objects to carry out such activities. .
- In order to keep the Marketing Italia s.r.l. Software up to date and operating properly, we may provide automatic or manual updates at any time, even without prior notice. The Software Marketing Italia s.r.l. may be updated at any time.
ART. 11 - YOUR ACCOUNT
11.1) If you use Marketing Italia s.r.l. Services, you must keep your account and password confidential and control access to your computer, and you agree, to the extent permitted by applicable law, to be held responsible for all activities that occur under your account and password without exception.
11. 2) You undertake to take all necessary precautions to ensure the security and confidentiality of your password, and to inform us immediately if you have reason to believe that a third party has knowledge of your password, or may use it without authorisation, even if they have already done so. You undertake to ensure the truthfulness and correspondence of the data and documents that you transmit to us, obliging you to inform us immediately of any change in the information you have provided us with a specific e-mail communication. Marketing Italia s.r.l. è is authorized to request more information about your personal details and to request certificates and/or documents for participation in particular events.
11.3) Marketing Italia s.r.l.
11.3 Marketing Italia s.r.l. reserves the right to prevent access to the app, to suspend or close an account, to remove or modify the contents of the app at our discretion, in case of violation of the applicable legal provisions, the Terms of Service.
11.4) Using the control panel and the services provided by the Company, it is forbidden for the registered User to send advertising information without the consent of the recipient (spam). Spam" consists of commercial communications (e.g. e-mails intended to advertise the products, services or image of companies) or personal communications that are sent automatically and without the consent of the recipient.
11. 5) The registered user agrees not to discredit the Company, not to provide false or distorted information about the Company or its services, not to create an obstacle to the activities of the Company and its users, and to follow the other requirements of this Agreement in the terms and conditions stated above. You will be held responsible for causing, or being able to cause, malfunction, interruption of service, damage to Marketing Italia s.r.l. Services and its functions, for acting for fraudulent or illegal purposes, and for causing any disturbance or damage.
11. 6) The registered user agrees to comply with all the rules established for the use of the services provided by the Company and assumes all responsibility for loss or damage suffered by Marketing Italia s.r.l. as a result of abuse in the use of the Marketing Italia s.r.l. Services.
ART. 12 - MARKETING ITALIA s.r.l. AND THIRD-PARTY ACTIVITIES
12.1) Marketing Italia s.r.l. does not assume any responsibility for the relationship between the User and third parties, nor for the contracts concluded between them or their correct execution, and does not operate in any way as an agent and/or representative of the latter..
ART. 13 - SERVICE AND MAINTENANCE
13.1) Our objective is to ensure that access to Marketing Italia s.r.l. Services is provided without interruption, 24/7, and that transmissions are error-free. However, for reasons beyond our technical means due to the nature of the Web, uninterrupted access and the absence of errors or bugs in transmission cannot be guaranteed. In addition, access to the Marketing Italia s.r.l. Services may also be occasionally suspended or limited to allow for repairs, maintenance, patching, or the introduction of new activities or services. Marketing Italia s.r.l. will try to limit the frequency and duration of these suspensions and limitations as much as possible, trying to ensure a regular notice and a due temporal distance between these activities. Marketing Italia s.r.l. will not be liable for any loss that is not a consequence of our breach of these Terms of Service, for any loss of profit (including loss of earnings, revenue, contracts, deemed savings, data, goodwill or unnecessary expenses), or for any other indirect or consequential loss that was not reasonably foreseeable, either by you or by Marketing Italia s.r.l., at the time you started using our Services.
ART. 14 - APPLICABLE LAW AND COURT OF JURISDICTION
14.1) The present Terms of Service shall be governed by and construed in accordance with Italian law and expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You agree, and we agree in turn, to submit to the jurisdiction of Italy, and in particular to the non-exclusive jurisdiction of the Court of Naples. As a consumer, you may bring an action before the Italian courts or the courts of the European Union Member State in which you are resident or domiciled to initiate a dispute in relation to these Terms of Service.
ART. 15 - MODIFICATIONS TO THE SERVICE OR VARIATIONS TO THE TERMS
15.1) We reserve the right to unilaterally modify the Marketing Italia s.r.l. Services, and these Terms of Service, at any time. You will be subject to the policies and Terms of Service in force from time to time at the time you use the Marketing Italia s.r.l. Services and/or place an order, unless the legislative changes are expressly retroactive (in which case, they will apply to orders placed previously). Marketing Italia s.r.l. will inform the User of changes to these Terms, publishing this information on the App. The effective date of these new Terms will be the date of publication of the changes on the App. 15.2) If the user does not agree with the changes described, he/she must inform Marketing Italia s.r.l. by registered post within seven days of the date of publication of the changes, expressing any contrary wishes. In the event that no communication reaches Marketing Italia s.r.l. within this period, the user is deemed to have agreed to the change in terms and conditions.
ART. 16 - FORCE MAJEURE OR STRONG CASE
16. 1) The parties are not responsible for the partial or total non-fulfilment of the obligations deriving from this Agreement, if this is caused by force majeure that has arisen after the conclusion of this Agreement as a result of extraordinary events (such as natural disasters, wars, military actions of any kind, earthquakes, hurricanes, etc.) that the parties could not foresee or prevent with reasonable measures, or that result from a fortuitous event.
16.2) If either party is unable to fulfil its obligations in whole or in part as a result of the circumstances referred to in the first paragraph of this Article, the deadlines for performance under this Agreement shall be extended for a period of time equal to the duration of the persistence of such circumstances.
16.3) Each party shall have the right to withdraw from this Agreement if the circumstances last longer than twelve months. 16.4) A party that is unable to fulfil its obligations due to the circumstances referred to in the first paragraph of this Article shall immediately inform the other party, indicating the nature of the circumstances and their possible impact on the contractual obligations.
ART 17 - ABSENCE OF ACTION AND WAIVER TO ACT
17.1) In the event of non-fulfilment by you of these Terms of Service, Marketing Italia s.r.l. reserves the right to take action against the registered User for non-fulfilment of the commitments assumed by him/her in signing this Contract. The absence of action, or our inactivity in this sense, does not represent our implicit waiver to act in any case.
ART. 18 - MINORS
18.1) We do not sell products to minors. The products mentioned in the App are only available to residents of countries where the offer of such products is permitted by law. If you are under 18 years old in Italy, you cannot buy products from Marketing Italia s.r.l.. In other cases, you will only be able to make purchases under the supervision and authorisation of a guardian or curator.
18.2) To the extent permitted by law, Marketing Italia s.r.l. declines all responsibility if the product delivered does not comply with the legislation of the country of delivery other than Italy.