The terms and conditions below refer to the Bookshop Section (https://www.teatromassimo.it/en/shop/), managed by Giardini del Massimo S.C.A.R.L.
I – Conditions of sale
Art. 1: General Terms
The present Document sets forth the terms and conditions governing the use of the online Bookshop available at https://www.teatromassimo.it/en/shop/ and following web pages as well as the general conditions of sales (Conditions) applying to the sale of products purchased through the above-mentioned Bookshop website, the e-commerce of which is managed by GIARDINI DEL MASSIMO S.C.A.R.L, Via Amari 124, 06983430825, info@giardinidelmassimo.it, 3914169765, listed in the Register of Companies of Palermo as No. PA-429395, whose share capital is equal to: € EUR 10,000.00. For the purposes of this Document, the meaning set forth below shall be attributed to the following expressions:
Consumer and User: “Any natural person acting for purposes unrelated to the business or profession performed”;
Professional: “Any natural or legal person acting in the course of his or her business or professional activity”;
Customer: “Any natural or legal person identified in the purchase order”;
Seller: “Any natural or legal person, whether public or private, using purchase agreements in the course of his or her business or professional activity”;
Purchase agreement: “Any agreement under which a person transfers or undertakes to transfer the ownership of the goods to another person against the payment of an established amount”;
Conditions: “The present Conditions of Sales”.
We reserve the right to change the present Conditions at any time.
Any change will be notified to the customer, who will have the possibility to withdraw within a period of 30 days of being informed, writing an e-mail to the following address: ecommerce@giardinidelmassimo.it.
Art. 2: Scope
1. The present Conditions of Sales cover prices, offers, as well as the execution and acceptance of purchase order of products offered on the Bookshop availabl at https://www.teatromassimo.it/en/shop/ and following pages: typical products, giftware, and publishing products are sold on the website.
2. The present Conditions do not govern the sale of products by third parties other than the Seller, listed on the website through links or banner adverts of third-party advertisers.
Art. 3: Agreement Stipulation/Completion
1. The submission of the purchase order by the Customer entails the acceptance of the present Terms and Conditions.
2. Registration through the creation of an account is required to purchase products. Please see the section referring to the procedure for the registration/creation of an account.
3. To stipulate the agreement and complete the purchase of the selected products, the Customer shall place an order following instructions published on-line.
The Customer shall insert his or her personal data as well as the payment method chosen among the available ones, accept the present Conditions and confirm the order.
At the end of the purchase procedure, the Customer shall click on the “PAY” button to complete the payment.
The agreement will be deemed concluded upon reception of an e-mail by the Customer containing indication of the acceptance of the order and of preparation for shipping of the same.
4. For the correction of errors referring to the inserted date and/or to the selected products, the Customer shall write an e-mail to the address ecommerce@giardinidelmassimo.it specifying the necessary corrections.
Art. 4: Availability
All orders are subject to product availability.
Art. 5: Payment Methods and Prices
1. Products are prices as indicated on the website, errors excepted.
2. Should an error occur, we commit to immediately inform you of the correct price, allowing you to confirm or cancel the order.
3. Prices are expressed in Euro (€), include VAT and all other taxes, as well as customs duties if required by the country of delivery. Additional freight, delivery or postal charges are not included.
Prices may be subject to changes, which will be effective upon their publication on the website and which will not affect orders for which the purchase procedure has already been completed.
4. Payment may be made through PayPal.
Art. 6: Delivery of Products/Provision of Services
1. The Seller commits to carry out the shipment and the delivery everywhere in Italy, including the Republic of San Marino and the Vatican City State, within and outside the EU.
2. Delivery will take place within 13 working days for shipments in Italy, within 10 days for shipments within the EU, and within 25 days for shipments outside the EU.
Information regarding the shipment of a product will be transmitted to the e-mail address provided during registration.
3. The Seller will deliver the order at the address notified by the customer upon confirmation of the order.
4. Shall the customer not be available at the address referred to in the order, the courier will leave a notice and will make a second attempt.
Two delivery attempts are planned in Italy and one abroad. The Customer will receive a tracking number valid from the shipment of the order until its successful delivery. The tracking link will also include information about the first attempt of delivery.
Shall the customer not be available for both delivery attempts in Italy, the courier will contact the customer to arrange for delivery or to choose a collection point.
Shall the customer not be available at the moment of delivery abroad, products will be delivered at a collection point close to the delivery address. The courier will contact the customer to arrange for delivery.
Information will be available at the tracking link, including the place of delivery.
Art. 7: After-Sales Service and Complaints Support
1. The Customer can contact the Seller by writing an e-mail at ecommerce@giardinidelmassimo.it.
2. To file a complaint, the Customer could contact the Seller writing an e-mail at ecommerce@giardinidelmassimo.it. Complaints will be assessed and a reply to the Customer will be sent as soon as possible, but in any case, no later than 30 days of receipt thereof. In the absence of any reply to the complaint, the customer could contact mediation authorities.
Art. 8: Consumer Right of cancellation
1. Pursuant to article 52 ff of Legislative Decree 206/2005, the Consumer (Customer) has a period of 14 days to withdraw from the purchase without incurring any penalty and without giving any reason.
2. The Consumer can exercise his or her right of withdrawal by sending an e-mail with the object “Request for withdrawal” to the address ecommerce@giardinidelmassimo.it. The e-mail shall include the following: Number of the order, date of the order, reason for the withdrawal.
3. Products shall be returned in their original packaging and shall be intact. Refunds will be made only after appropriate assessment of the returned products.
4. We will refund all payments received by the consumer, including delivery costs, within 14 days from the day on which we receive notice of the withdrawal using the same payment method as the one used by the consumer.
5. For the return of products object of the withdrawal, an e-mail should be sent to the address: ecommerce@giardinidelmassimo. Shall the return be accepted; the seller will contact the courier to arrange for the collection of products.
The courier will contact the customer to arrange for return options.
Return costs shall be covered by the Consumer. The Customer shall return products without undue delay and in any case no later than 14 days from the date of notification of the withdrawal.
6. The right of withdrawal is excluded for all cases governed by article 59 of the Legislative Decree 206/2005.
Art. 9: Guarantee of Compliance
1. The Seller is liable to the consumer for any lack of conformity at the moment of the delivery of the product pursuant to Legislative Decree 206/2005.
2. In the event of a lack of conformity, the consumer is entitled to have the product brought into conformity free of charge by repair or replacement, or to have an appropriate reduction made in the price or the contract rescinded.
3. If the purchaser has concluded the agreement as a consumer, the seller is liable for the lack of conformity, should this arise within 24 months from the delivery of the product.
4. To inform the seller of any lack of conformity of the product, the consumer shall keep all documents relating to the purchase of the same product.
5. Complaints may be filed as specified above.
Art. 10: Applicable Law and Jurisdiction
The present general conditions are governed by the Italian law.
To solve possible disputes regarding the present conditions, the competent court shall be that of the place of birth or domicile of the consumer.
If the purchaser qualifies as consumer, after lodging a complaint, he could contact mediation authorities for the settlement of out-of-court disputes.
Furthermore, for the settlement of disputes, the Consumer could have recourse to the out-of-court dispute resolution through the European mediation platform (ODR) available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
The provisions of the Italian Civil Code, Consumer Code, and supranational applicable legislation apply to any other matter not explicitly covered by these conditions.
Art. 11: Risk liability
The Customer will be liable for risks related to the products once they will be in his or her possession after the delivery. The ownership of the products will be effective after the complete payment of all amounts due for the same products, including freight charges, or upon delivery, shall this take place at a different point in time.
II – Terms of Use of the Web Bookshop
https://www.teatromassimo.it/en/shop/
Art. 1: Offer
The Bookshop of the Fondazione Teatro Massimo Website offers products linked to the Teatro Massimo di Palermo, publications, local products, giftware, sold on the website of the Teatro Massimo https://www.teatromassimo.it/en/shop/.
Art. 2: Intellectual Property
1. All contents of the website are owned by us and/or by our licensors and they include, but are not limited to, documents, photographs, graphics, designs, videos, audio tracks, software, trademarks.
2. The stipulation of the present agreement does not entail the transfer of any right to the user. All contents are protected by national and international laws on the protection of intellectual property.
Art. 3: User Registration and Accounts
1. Registration through the creation of an account following instructions published on-line is required to use the website.
To complete the registration, the user shall insert personal data and an e-mail address and shall create a password.
It is the responsibility of the user to preserve the confidentiality of its credentials to prevent the use of the account by third parties.
Moreover, the user will be responsible for all activities carried out from his or her account, unless he or she informs that his or her account is being used by third parties without consent.
2. Only adults over the age of 18 are allowed to register to the website.
3. To close the account, a written request shall be submitted via e-mail to the address ecommerce@giardinidelmassimo.it, explicitly requesting the removal of personal data.
Art. 4: Limitations of Liability
To the fullest extent permitted by applicable law, the Company shall not be liable, under any circumstances, to the customer or any other person for possible damage resulting from the use of the website and/or of the contents or information included in the website itself.
The Company declines any responsibility for any damage resulting from the malfunctioning of the website due to causes not attributable to the Company and/or due to circumstances beyond its control, including, but not limited to, the inaccessibility of the website, damage caused by viruses, service interruption, problems related to the network or to providers, malfunctioning or failure of the host server, unauthorised access.
In any event, nothing contained in these Terms of Use and sales limit our responsibility for fraud or serious negligence or for any other responsibility provided for by the law.
Art. 5: Processing of Personal Data
GIARDINI DEL MASSIMO S.C.A.R.L will process personal data submitted by the Customer in accordance with the requirements of the existing regulations on the protection of personal data and privacy. For specific details on terms for the processing of personal data, please refer to the specific privacy policy available at the following link https://www.iusprivacy.eu/informativa-privacy-info-1005068335.
This document has been updated on July 7, 2023