TERMS AND CONDITIONS
Date of last update: 6 May 2019
The Platform is an online marketplace that allows Experts-Sellers to create announcements related to their Experiences and to Buyers to inform themselves and book these Experiences directly with the Experts-Sellers. You understand and accept that Gusto Artigiano is not part of any contract stipulated between Experts-Sellers and Buyers, but limits itself to putting them in relation for the purpose of concluding such a contract, without any obligation of collaboration, dependence or representation with respect to them. Gusto Artigiano has no control over the conduct of Experts-Sellers, Buyers and other Users of the Site, the Application and Services or any Experience and excludes any liability in this regard within the maximum limits permitted by law.
If you do not intend to accept one or more of these Conditions, you cannot use our Services.
- GENERAL CONDITIONS OF USE
These Conditions govern the access and use of the Service by the User through the www.italiadelight.it Platform.
Gusto Artigiano S.R.L.S., company with registered office in Rome (RM), Via Ivrea 28, registered in the Rome register of companies, REA RM-1488506, VAT 13997011005, has full ownership and exclusive management of the Platform.
“Gusto Artigiano Srls” (Owner): simplified limited liability company with registered office in Rome (RM), Via Ivrea 28, VAT 13997011005;
“Platform” (Website or Marketplace): portal of Gusto Artigiano operating at www.italiadelight.it;
“Users”: subjects (Experts-Sellers and Buyers), natural persons who enter the Platform to use the Services of the same, having accepted these Conditions;
“Expert-Seller”: all professionals and companies in the tourism-cultural, agribusiness or food and wine sector that create an Announcement through the Platform;
“Buyer”: the natural person over 18 years (B2C Buyer) or the company (B2B Buyer) who accepts the General Terms and Conditions of Use, has access to the platform and is interested in concluding purchase contracts with the Experts-Sellers;
“Announcement”: every single activity offered by the Experts-Seller through the Site;
“Experience”: all the tourist-cultural, agri-food or food and wine activities selected by the Buyer among the Announcements offered by the Expert-Seller on the Platform;
“Price of Experience”: the sum owed by the Buyer to the Expert-Vendor for the Experience. The amount of this price is determined exclusively by the Expert-Seller, and not by Gusto Artigiano. The Price of Experience is intended to include all taxes (e.g. VAT) as well as tax and social security contributions that will remain the responsibility of the Expert-Seller;
“Total Price of Experience”: indicates the sum of the Price of Experience and the Service Fee;
“Service Fee”: indicates the Online Payment Costs and the Italia Delight Commission;
“Online Payment Costs”: indicates the costs that the Third Party Payment Institute charges to the Expert-Seller for the use of the online Payment Service, calculated as a percentage of the Total Price of Experience. The Third Party Payment Institution withholds these Costs from the Total Price of Experience;
“Italia Delight Commission”: indicates the costs that Gusto Artigiano charges to the Expert-Seller for the use of the Service calculated as a percentage of the Total Price of Experience. This Commission is included in the Total Price of Experience and is charged to the Expert-Seller during the payment phase of the Experience itself;
“Conditions”: General Terms and Conditions of Use that legally govern the operation of the Site;
“Consumer”: any natural person who uses the Platform for purposes unrelated to any business, commercial, craft or professional activity carried out;
“Professional”: any natural or legal person who uses the Platform in the exercise of its business, commercial, craft or professional activity;
“Registration”: action through which the User accepts the Conditions of the Site and obtains access to all the functions of the same;
“Credentials”: identifiers of User ID and password chosen by the User when registering on the Site;
“Content”: indicates all the contents that Gusto Artigiano makes available within the Website, Application and Services and makes it available to Users in the form of text, graphics, images, music, software, audio and video;
“Event”: set of activities proposed by Gusto Artigiano through its personal profile;
“Marketplace Service” (Services): the Service granted by Gusto Artigiano via the online Platform that allows Experts-Sellers to publish Ads and Buyers to book Experiences;
“Transactions”: contracts that the Experts-Sellers conclude with the Buyers for the purchase of Experiences;
3. ITALIA DELIGHT SERVICES
Gusto Artigiano provides a Platform through which Experts-Sellers and Buyers can connect online and negotiate the booking of Experiences directly between them. Unless expressly indicated otherwise on the Site, the responsibilities of Gusto Artigiano are limited to making the Platform and the relative Services available.
The Platform and the Services can be used to facilitate the publication of Announcements and the booking of Experiences. These Experiences are included in the Announcements of the Site, the Application and the Services by the Experts-Sellers. You can view the Announcements as an unregistered Buyer; however, to book an Experience, you must register as a User. Only Experts-Sellers who have been enabled to use this feature by Gusto Artigiano can create Announcements, according to the methods established by the latter.
When Users make or accept a booking through www.italiadelight.it, they will establish a direct and binding contractual relationship in legal terms between them. From the time of booking, Gusto Artigiano does not participate or perform any intermediation activity in this relationship, limiting itself to facilitating the use of the Marketplace.
Gusto Artigiano has no responsibility for the contract stipulated between Expert-Seller and Purchaser, its execution and does not act as an Expert-Seller’s agent.
The Site, the Application and the Services are intended to be used to facilitate the interaction between Experts-Sellers and Buyers as well as the booking of Experiences directly between them. Gusto Artigiano has no control and does not guarantee the content included in the Announcements nor the existence, quality, safety, suitability or legality of any Experience. Gusto Artigiano excludes any liability in relation to all Announcements and Experiences. Consequently, any reservation will be made at the User’s sole risk.
Users have no right to collect and use lists, descriptions or pricing experiences, make derivative use of Italia Delight Services or their contents, make any type of download or copy of account information for the benefit of another retailer or use Data Mining, robots or similar data acquisition and extraction devices.
4. CONDUCT AND OBLIGATIONS OF THE USER
The User undertakes to use the Site, the Application and the Services exclusively for lawful purposes and in accordance with these Conditions, assuming all consequent responsibilities in this regard and obliging themselves to hold Gusto Artigiano free from any third party claim in relation to them.
If Gusto Artigiano finds that a User has made use of the Platform and /or the Service contrary to the applicable law or the Conditions, or in case of reporting by the Public Authority or third parties, Gusto Artigiano may, in its sole discretion, adopt any useful measure to limit harmful consequences, including the suspension/cancellation of the User’s account.
In relation to the use of the Platform, it is forbidden for the User, whether for himself or on behalf of others, to engage in the following conduct:
- violate or circumvent applicable laws or regulations, contracts with third parties, third party rights or our Conditions;
- use the Platform for illegal, unlawful, unauthorized purposes or which may harm third-party rights, including industrial / intellectual property rights, privacy rights, etc.;
- impersonate the identity of others, hide one’s identity or provide false information directly or indirectly;
- contact an Expert-Seller for any purpose other than asking questions related to a booking or an Experience;
- recruit, or otherwise solicit Experts-Sellers or other Users, to join third-party services competing with Gusto Artigiano, without the prior written consent of the same;
- use the Platform for the distribution of unsolicited commercial messages (spam) and, in any other way, bypass Gusto Artigiano by forwarding personal data and/or Content (e-mails, telephone numbers, websites, etc.) to other Users of the Platform ;
- use the Platform for propaganda, sponsorship, advertising or for purposes, even indirectly, for commercial purposes;
- publish, send or otherwise distribute unlawful, defamatory, harassing, threatening, religious, racist, obscene, vulgar, sexual, pornographic, violating the dignity of persons or the rights of children, and ultimately everything that violates the law current or any behaviour that causes or constitutes a crime;
- interfere with or damage the Platform, the Application and the Services, as well as spreading viruses or other files that could cause damage or limit the functioning of the Services or of software and hardware, even by third parties;
- copy, adapt, modify, alter in any way any information contained on the Platform;
- violate the rights of third parties or otherwise cause damage to third parties or other Users.
The User acknowledges and accepts the sole responsibility for all the Content published by him/her, obliging himself/herself to hold Gusto Artigiano free from any third party claim in relation to them.
The publication of the User Content on the Platform takes place without any prior activity or control by Gusto Artigiano; consequently, the publication does not imply any approval and does not constitute an endorsement, certification or guarantee by the latter. Gusto Artigiano will not be responsible for User Content, including those present in the Ads or, by way of example only, of their legality, truthfulness, correctness, respect for the rights of others, industrial and/or intellectual property rights, and the rules on the subject of protection of personal data. Gusto Artigiano will also not be responsible for any loss or cancellation of User Content.
The Owner reserves the right, at any time and without prior notification, to modify or suspend the User’s account and to deny access and use of the Platform Services in the present and in the future, if the User violates the above rules, or Gusto Artigiano may reasonably suspect that the User has violated any of the aforementioned.
Gusto Artigiano reserves the right to link the visibility of the Expert-Seller’s profile to the actual presence of one or more Experiences related to the profile itself.
By uploading any Content on the Platform, the User grants Gusto Artigiano a non-exclusive license, valid throughout the world, perpetual and free, to use the User Content, including but not limited to, for commercial purposes.
5. SUITABILITY FOR USE OF SERVICES
The Site, Application and Services are intended for persons aged 18 or over (or in any case subjects with the capacity to act in their country of reference).
By accessing or using the Platform, the User declares and guarantees to be of age and to have the legal capacity necessary to book the Experiences.
6. REGISTRATION OF THE USER
The Platform is accessible for viewing some content without the need for Registration.
In order to fully utilise the functionality of the Site and access its Services (e.g. publish or book an Experience), it is necessary to register and create an account.
Registration can take place:
- using your account on external social network websites (e.g. Facebook);
- directly through the Platform Registration process.
Registration for the Expert-Seller can only and exclusively take place through point b).
By authenticating to the Site through third parties (point a), the User authorises Gusto Artigiano to access and use the information shared through that service, to use and store the User Credentials in order to allow access to the Platform. The required data are, among others, the name and surname as well as an active email address. During the Registration process, the User will be required to create a User ID and Password necessary to access the Services. At the end of the procedure, the User will receive a confirmation email containing the Credentials. We advise you to keep this email and not to pass on the information it contains to third parties.
Users will have access to their profile, through which they will manage their personal data, experiences, as well as all other information and content associated with the profile itself and the services offered.
In order for the User to use the Platform, the Application and the Services, Gusto Artigiano will create the account and the profile page of such User, based on the personal data provided to him. The User cannot have more than one active account. The User agrees to: 1) provide truthful, complete and accurate data during the registration process and update such data to keep them truthful, complete and accurate; 2) keep the Credentials and prevent their use by unauthorised third parties; 3) notify Gusto Artigiano of any unauthorised use of the account.
You acknowledge and agree that you are solely responsible for any activity or action related to your account, whether or not you have authorised such activities, relieving Gusto Artigiano from any and all liability.
Gusto Artigiano has the right not to activate or suspend the account of a User if it deems, in its unquestionable judgment, that the conduct of the same may result in a prejudice for Gusto Artigiano or for third parties.
By registering and adhering to the Service, the Expert-Seller declares to comply with the obligations (including but not limited to administrative, tax, labour and security) and declares to be in possession of all the licenses, permits and authorizations necessary to propose the Experiences.
The Expert-Seller is solely responsible for any consequences that may arise from the violation of these obligations. Furthermore, the Expert-Seller declares that the Experience is real and exists. Users therefore understand that Gusto Artigiano is not responsible for what is offered in the Experiences as it does not carry out any type of preventive verification on the Announcements, their content and the Experiences themselves.
7. CREATION OF ADS
When creating an Announcement through the Platform, the Expert-Vendor must provide complete and accurate information on the experience to be published, indicate the requirements that apply (e.g. minimum age, competence or physical suitability), economic conditions and any other relevant information.
The Announcements will be published through the Site, the Application and the Services. Buyers can book the Experiences through the Site, the Application and the Services based on the information provided in the Announcements.
When a Buyer requests a booking through the Platform, the Expert-Seller agrees not to be able to ask the Buyer to pay a higher price than indicated in the booking request.
The Expert-Seller is solely responsible for all published Announcements; consequently, the Expert-Seller declares and guarantees that the Ads published will comply with all applicable laws, rules and regulations and with fiscal requirements, and in no way harm third-party rights.
Users acknowledge and agree that Gusto Artigiano is limited to linking the parties for the conclusion of the contract, in the absence of any collaboration, dependency or representation with respect to them. Any agreement concluded between Users is an agreement between the Expert-Seller and the Buyer; Gusto Artigiano is not part of this agreement. Users authorise the Third Party Payment Institution to withhold, receive and disburse funds in accordance with their payment instructions.
Users acknowledge and accept that Gusto Artigiano does not carry out any kind of preventive control on the Announcements, their content and the activities proposed by the Expert-Sellers.
8. BOOKING METHOD AND ECONOMIC CONDITIONS
A) Determination of the Price of Experience
The Expert-Seller is solely responsible for setting the Price of Experience. It varies based on: number of participants, type and duration of the Experience. The Total Price of Experience will be indicated to the Buyer before sending the booking request to the Expert-Seller.
B) Booking of the Experience and completion of the Transaction
The Expert-Sellers are the only ones responsible for the fulfilment of any booking confirmed through the Site, the Application and the Services. The Buyer acknowledges and agrees that, by making the reservation through the Platform, it will conclude a contract with the Expert-Seller and that the responsibility for fulfilling the obligations of this agreement falls on the latter, and not on Gusto Artigiano; the latter is not to be considered in any way part of said agreements and, except for payment obligations pursuant to these Conditions, excludes any liability deriving from or relating to such agreements.
Registered Buyers can book the announcements of the Experiences provided through the Service.
When a reservation is requested, the Expert-Seller receives a notice and is required to confirm or refuse such a reservation within twenty-four (24) hours via the Platform, being understood that for this purpose holidays will not be counted.
At the time of booking an Experience, the Third Party Payment Institute will collect the Total Price of Experience through one of the payment methods available.
If the requested reservation is not confirmed by the Expert-Seller, any amount collected by the Third Party Payment Institute will be returned to the Buyer and any pre-authorization of the Buyer’s payment method, where applicable, will be cancelled.
If the booking is confirmed by the Expert-Seller, the User authorises the Third Party Payment Institute to charge the Total Price of Experience of any requested booking confirmed by the Expert-Seller, by debiting the payment method provided within the booking procedure.
When the Buyer makes a booking request, the Third Party Payment Institution, in the name and on behalf of the Expert-Seller, makes a pre-authorisation using the payment method for the Total Price of Experience.
At the end of the booking procedure, the Buyer will receive, via the email used at the time of registration, the Italia Delight Voucher, which will indicate a unique code (called the “booking code”) and the essential information relating to the Experience.
The Buyer must necessarily present to the Expert-Seller, who directly delivers the Experience, the Voucher relating to the Experience, printed on paper or displayed on a Tablet or Smartphone. The reservation cannot be honoured without the presentation of the valid voucher. For security reasons, upon presentation of the Voucher, it may be necessary to present a valid ID with photo and sign (or send via e-mail) the Voucher.
Gusto Artigiano will also send the Expert-Seller an email confirming the reservation.
Gusto Artigiano, although not involved in commercial transactions, provides its Users with an agile and secure payment system through the Platform.
Users recognise the Third Party Payment Institution, as technical intermediary in the name and on behalf of Users, mandate pursuant to art. 1704 c.c. for the management of receipts and Economic Transactions as well as for the management of cancellations and complaints. Users are required to accept the Third Party Payment Terms and Conditions.
The Seller-Expert accepts that the payment of the Price of Experience made by a Buyer through the Third Party Payment Institution will be considered as a payment made to him/her directly.
The payment of the Price of Experience, already authorised by the Buyer while sending the booking request, is processed by the Third Party Payment Institute, upon confirmation of the Experience reservation by the Expert-Seller. Following the crediting of the Price of Experience, the Third Party Payment Institute will issue an invoice for the amount of the Costs for Online Payments debited to the Expert-Seller.
During the booking process, the Buyer may use the payment methods accepted by the Platform, including credit cards, debit cards and prepaid cards. We can remove or add cards or other payment methods accepted at any time without notice.
In the case of payment transactions not recognised by the Purchaser, the latter must follow the procedure established by each credit card issuing company with regard to the reimbursement and/or reversal of transactions that have already taken place (so-called Chargeback), excluding responsibility on the part of Gusto Artigiano, who in the context of this business relationship merely puts in contact Expert-Seller and Buyer, but is extraneous to the conclusion of the deal.
For the purposes of requesting reimbursement or reversal of payments made by credit card or similar services, the Expert-Seller is here considered equivalent to the discipline of the commercial entrepreneur and any disputes and/or requests for documentation, useful for the purposes of requesting reimbursement or reversal of the disputed amounts by the Purchaser, must take place against him/her.
The Third Party Payment Institute transfers the Price of Experience (Total Price of Experience minus the Service Fee) to the Expert-Seller immediately upon confirmation of the booking or, at the latest, at least twenty-four (24) hours after the conclusion of Experience (except in the case of reimbursement to the Buyer). The time required for the Expert-Seller to receive payments may vary depending on the timing of the bank’s institution.
The Expert-Seller acknowledges to the Third Party Payment Institution, as technical intermediary, mandate for the management of receipts and Economic Transactions as well as for the management of cancellations and complaints. Gusto Artigiano is not responsible for Transactions, any fraudulent use of credit cards, the quality of the Experiences provided by Expert-Sellers, and will evaluate through its internal team, any complaints and refund procedures.
The Seller-Expert accepts that the payment of the Price of Experience, made by a Buyer through the Third Party Payment Institution, will be considered as a payment paid to him/her directly.
The Expert-Seller agrees to: 1) allow the Buyer to cancel the reservation; 2) reimburse the Purchaser through the Third Party Payment Institute that percentage of the Price of Experience defined in the refund policy. Each Expert-Seller understands that the obligation of the Third Party Payment Institution to pay the Expert-Seller is subject and conditional upon receipt of payment by the Buyer. The Third Party Payment Institute does not guarantee payments to Experts-Sellers in case of non-receipt, by the same, of the relative amounts due from the Buyers.
9. SERVICE FEES AND OTHER COMMISSIONS
As a fee for the use of the Platform, Gusto Artigiano provides for the payment of Service fees. The Third Party Payment Institute collects these Service Fees and, where applicable, may also charge taxes such as VAT in connection with Online Payment Costs and the Italia Delight Commissions. The Third Party Payment Institute deducts the Online Payment Costs from the Total Price of Experience before paying the compensation to the Expert-Seller as described in these Conditions. The Italia Delight Commission is included in the Total Price of Experience.
The Third Party Payment Institute will initiate the payment to the Expert-Seller of the balance of the Experience by bank transfer to the current account indicated in the Expert-Seller’s account.
The Third Party Payment Institute may apply or deduct the costs of processing the foreign currency on or from any payment made or received in currencies other than Euro.
Unless otherwise provided in these Conditions, Commissions are non-refundable.
10. CANCELLATIONS, WITHDRAWAL AND REFUNDS
A.1) Issues of the Buyer
A Buyer’s Problem materialises when one of the following circumstances occurs:
- the Buyer does not show up on the agreed place and date for the Experience;
- the Buyer arrives with a delay greater than 10 minutes from the beginning of the Experience;
- the Buyer concludes the Experience in advance for his/her own choice.
In the event that the Purchaser is responsible for one of the problems listed above, he/she will not be entitled to any refund.
Gusto Artigiano may decide, in some circumstances and at its sole discretion, that it is necessary to cancel a reservation made through the Platform.
A.2) Cancellation and withdrawal by the Purchaser
- Cancellation within 72 hours
The Purchaser who books an Experience on the Platform has the right to cancel the reservation already paid within 72 hours from the time and from the date on which the Experience was started. The exercise of this faculty within the terms indicated implies the obligation for Gusto Artigiano to immediately update the availability of the Experience on the Platform, allowing other Buyers to be able to make the reservation.
The Buyer understands and accepts that the refund is calculated as a percentage of the Price of Experience. At this percentage, the transaction management costs, quantifiable in 5% of the total amount transacted, will have to be deducted.
If the Buyer intends to cancel a reservation, he/she can do so by accessing his private area or by contacting Gusto Artigiano directly at the email email@example.com.
- Cancellation over 72 hours
The Buyer who, after having booked an Experience on the Platform, cancels it after the deadline indicated in the previous point A.2) a., will lose all rights, including the reimbursement of the amount paid at the time of booking.
If the Buyer intends to cancel a reservation, he/she can do so by accessing his/her private area or by contacting Gusto Artigiano directly at the email firstname.lastname@example.org.
A.3) Problems due to the Seller-Expert and reimbursement for the Buyer
A Problem due to the Seller-Expert materialises when one of the following circumstances occurs:
- the Expert-Seller does not show up at the place and date agreed for the Experience;
- the Expert-Seller realises a Discordant Experience from what is described on the Site.
The Purchaser is given the opportunity to report a complaint with a simultaneous request for reimbursement upon the occurrence of one of the problems due to the aforementioned Expert-Seller.
The request for reimbursement with the reasons will be automatically forwarded to the Expert-Seller who, having assessed the request, will accept or deny reimbursement no later than 48 hours from the notification of the opening of the complaint.
After 48 hours, the request for reimbursement is tacitly accepted by the Expert-Seller and the Buyer will be entitled to reimbursement of the Total Price of Experience with the exception of transaction management costs quantifiable in 5% of the total amount transacted.
Gusto Artigiano undertakes to promptly notify via e-mail any requests for complaints in order to facilitate proper management by the Expert.
Gusto Artigiano is not responsible in the event that the Expert-Seller decides to deny the reimbursement to the Buyer by not acknowledging the reasons produced by the Buyer. By denying the complaint, the Expert-Seller assumes all responsibility for any claims for compensation made by the Buyer.
To submit a valid claim for an Experience Problem, the Buyer must meet each of the following conditions:
- report to Gusto Artigiano the Problem by sending an email to email@example.com;
- provide information regarding the Problem that emerged within twenty-four (24) hours of the start of such Experience and respond to all requests for additional information by the Expert-Seller;
- demonstrate that they have not caused, directly or indirectly, this Problem as a result of actions, omissions or negligence.
If the Purchaser does not consider himself/herself satisfied with the quality of the Experience, he/she cannot request reimbursement from the Expert-Seller, but he/she may make it known by writing a review on the Expert-Seller, who is aware that a high score of his/her own reviews is directly related to an increase in bookings.
B.1) Cancellation and withdrawal by the Expert-Seller
The Expert-Seller may cancel and update, without any penalty, the availability of the Experiences not yet booked by the Buyer.
The Expert-Seller is allowed to cancel bookings, confirmed and paid on the Platform, only in case of justified reason related to causes of force majeure, such that the Experience is not usable.
For cases of justified reason related to force majeure, we mean exclusively those extraordinary cases that go beyond the reasonable control of the Expert-Seller, such as, for example: adverse weather conditions, natural disasters, interruption of electricity supply , strikes. The particularity of these events allows the Expert-Seller to be able to cancel, through the personal back-office or via an email to firstname.lastname@example.org, bookings starting 48 hours before the time and the start date of the Experience.
In the event that the Expert-Seller exercises this right, and for the proposed Experiences, some reservations have already been made by a Buyer, the latter will be fully reimbursed for the Total Price of Experience paid at the time of booking.
The Expert-Seller undertakes to report, through the personal back-office or via an email to email@example.com, the Experience as not performed specifying the causes of force majeure intervened. Gusto Artigiano reserves the right to implement all the necessary checks in order to prevent any fraudulent behaviour towards Users.
Furthermore, in the event that the Expert-Seller is unable to provide the booked Experience on the same day, he/she undertakes to offer the Buyer further proposals aimed at the use of the Activity in an alternative manner, for example change of the execution date using the voucher sent by Gusto Artigiano during the first booking.
If, as a result of this communication, the Buyer renounces his/her reservation and does not want to take advantage of another Experience offered by the Expert-Seller, he/she will be entitled to a refund of the Total Price of Experience. The Expert-Seller agrees to accept the Refund request that will be requested by the Buyer through the Platform system.
B.2) Refunds for the Expert-Seller
If the Purchaser is not present in the place and on the date agreed for the Experience, the Expert-Seller will be entitled to 100% refund.
The Seller-Expert understands and accepts that the refund is calculated as a percentage of the Price of Experience.
C) Specific conditions for Expert-Sellers
The Expert-Seller undertakes to comply with the following conditions:
- the Expert-Seller renounces to indicate in the communications, instructions, messages that he/she will send to the Buyers through the Platform his/her address and telephone contact, email and any information suitable to promote direct contact with the Buyer;
- The Expert-Seller undertakes to reimburse the Purchaser the Total Price of Experience in the event of incorrect behaviour and/or Problem (for example: cancellation of reservations starting from forty-eight (48) hours before the appointment, failure to presence in the place and on the agreed date, duration of the Experience far less than established or discordant with what is described on the Site of Gusto Artigiano);
- The Expert-Seller guarantees Gusto Artigiano the Parity Rate (the price on the Site, for the same type of offer, must be better or equal to that possibly proposed on its website and/or third party websites).
D) Adverse weather conditions
In the event of adverse weather conditions that make the Experience dangerous or not feasible, the Expert-Seller may propose an alternative date for its performance. If the Expert-seller is unable to provide the Purchaser with an alternative date, the Expert-Seller will reimburse the Purchaser 100% of the Total Price of Experience.
No reimbursement is envisaged in the event that the User cannot participate in an Event purchased through the Platform.
11. EXCLUSION OF LIABILITY
By choosing to use the Site, the Application and the Services, the User agrees to assume any risk.
Unless expressly indicated in these Conditions, Gusto Artigiano’s obligations are limited to making the Platform and the Service connected to it available.
The User acknowledges and accepts that Gusto Artigiano provides the Service exclusively without being a party to the Transactions and, consequently, has no responsibility for the fulfilment of the obligations assumed by the Users through the Platform.
The User is solely responsible for all communications and interactions with other Users of the Platform, for evaluations regarding the identity of the other Users and for the suitability of the Ads accessed through the Platform; Gusto Artigiano does not verify the truthfulness of the information provided by Users for registration or Announcements. Therefore, Gusto Artigiano will not be responsible for any damage or injury deriving from interactions between Users, including, by way of example only, the obligations deriving from the Transactions, the prejudices deriving from the non-compliance of the Experience with what was agreed or the non-completion of the Experience.
Any indication published on the Platform regarding Users does not constitute an endorsement, certification or guarantee by Gusto Artigiano on their identity and their reliability. Users undertake to always adopt due diligence and care in booking and accepting the Experiences, in finalising the Transactions and, in general, in the interactions between them.
Gusto Artigiano has no control over the contents published or exchanged by the Users, including their existence, quality, safety, suitability and legality. It declines all responsibility in relation to the Announcements and Transactions perfected through the Service, of which it is not a party and cannot in any way be held responsible. Gusto Artigiano cannot guarantee the availability and accessibility of the Platform and the Services by any person or at any time or in any geographical area, but will undertake, to the extent reasonably possible, to maintain the availability of the Platform and the functionality of the Services.
Gusto Artigiano will not be liable in the event that the malfunctioning of the Services or of the Platform depends on: 1) unauthorised or incorrect use of the same by the User; 2) failure or partial operation of the user’s computer or equipment; 3) malfunctions of the Internet or telephone network; 4) in general, from any event not directly attributable to Gusto Artigiano or to its employees; 5) unauthorised access to the information system of Gusto Artigiano by third parties; 6) force majeure or in any case not directly dependent on Gusto Artigiano.
Gusto Artigiano is not responsible for the failed or improper performance of the service by the Expert-Seller. Consequently, the Buyer acknowledges and accepts that, at the time of execution of the service, only the general conditions applied by the Expert-Seller who supplies the Experience will apply.
Gusto Artigiano is in no way responsible for the possible absence or revocation of the authorisations, licenses, concessions or other administrative measures necessary for the performance of the activities offered by the Expert-Seller through the Platform.
12. LIMITATION OF LIABILITY
Gusto Artigiano will not be held liable to Users or third parties for direct, indirect, consequential, incidental, special or punitive damages or for any loss, including therein, without claiming to be exhaustive, loss of benefits, income, profits, of contracts, business interruption, loss or corruption of data, whatever the cause and regardless of whether it occurs in the contract or for civil offense, negligence included.
In no case the responsibility of Gusto Artigiano deriving from or connected to these Conditions, whether in a contract, civil or other, can exceed the amount of commissions obtained by Gusto Artigiano in relation to the use of the Service in the 3 (three) months immediately prior to the event that gave rise to the claim.
Gusto Artigiano explicitly excludes any warranty, express or implicit, including, without limitation, any guarantee of merchantability, quality, suitability for a particular purpose, quiet enjoyment or non-infringement and any guarantee that arises during negotiations or derives from commercial customs.
Gusto Artigiano does not guarantee that the Platform will meet the User’s requirements or that its operation is available on an ongoing, safe and error-free basis.
14. INTELLECTUAL PROPERTY AND BRANDS
The Platform and the Contents present in it, including the texts, the graphic material, the logos, the images, the photographs, the music, the sounds, the videos, the marks, the web pages, the page headers, the characters, the icon buttons, the source code, the databases, the software, and any other material published in any format, are the exclusive property of Gusto Artigiano, its licensors or third parties who grant the relative intellectual property rights.
The reproduction, modification, duplication, copying, distribution, sale, or in any case the exploitation of the images and the Contents of the Platform is not permitted without prior written authorisation from Gusto Artigiano and any other owner. It is however forbidden to use the Website Content for any commercial and/or advertising purpose. Any violation of this provision may result in criminal or civil penalties.
In no case may the User adapt, modify, change or alter the Platform or the Contents made available by Gusto Artigiano.
The Platform may contain links to other websites and third party resources, which are not under the control of Gusto Artigiano. The User acknowledges and accepts that Gusto Artigiano is not responsible for the availability and accuracy of these websites or resources or for the Contents, products, services present or made available on them.
The links to these websites or resources does not imply the approval or endorsement by Gusto Artigiano of the sites and their content, nor does it imply any form of guarantee. The User acknowledges his/her exclusive responsibility and assumes all risks arising from the use of such websites or resources.
16. REVIEWS, PHOTOGRAPHS AND VIDEOS
Users can create, upload, publish, send, receive and store Content. By making available any Content through the Platform, the User grants Gusto Artigiano a non-exclusive, valid worldwide license, free, irrevocable, perpetual, sublicensable and transferable to access, use, store, copy, modify, create derivative works, distribute, publish, transmit, disseminate, otherwise exploit such Content in order to provide and/or promote the Platform.
The User recognises and agrees not to publish or distribute Content or any material covered by copyright without the express consent of the owner of the right itself, as well as to be solely responsible for all Content made available through the Platform, exempting Gusto Artigiano from any legal action arising from or related to violations of this provision.
17. DURATION OF THE CONTRACT AND WITHDRAWAL
The contract between the Users and Gusto Artigiano for the use of the Platform, the Application and the Services is for an indefinite period, with effect from the moment in which Gusto Artigiano has accepted the User’s registration.
The User can withdraw from the contract at any time by sending a written notice to firstname.lastname@example.org. Gusto Artigiano may terminate the Service and this Agreement, for any reason and at any time, with two (2) months written notice.
The Experts-Sellers who have any remaining bookings in progress with the Buyers must, in any case, carry them out in the time and manner offered.
With the cancellation of the account, Gusto Artigiano has no obligation to return the Contents to the User, including for merely simplification, the reviews or feedback.
For the processing of personal data, separate privacy information is provided on the Platform, to which reference is made.
19. ASSIGNMENT OF THE CONTRACT
The User may not assign or transfer these Terms, by law or otherwise, without the prior written consent of Gusto Artigiano. Any attempt by the User to assign or transfer these Conditions without such consent will be null and void. Gusto Artigiano may assign or transfer the rights in his favour provided by these Conditions. Without prejudice to the foregoing, these Conditions will be binding and will be effective between the parties, their successors and authorised assignees.
20. NOTIFICATIONS AND COMMUNICATIONS
Any notification or other authorised communication or request referred to in this document, including those concerning changes to these Conditions, will be in writing and will be made by Gusto Artigiano via e-mail to the address provided by the User, by telephone, through the agreed technology and available (e.g. Skype, Whatsapp, etc.) or through publication on the Platform.
Regarding notifications by e-mail, the date of receipt will be considered the date on which this notification is transmitted. Communications to Gusto Artigiano should be sent to the addresses available in the Contact Us section.
Gusto Artigiano advises the Expert-Seller to take out adequate insurance for the Experiences indicated in the Announcements.
The original text of these Conditions is in Italian, but could be translated into other languages. The translated version is intended for merely illustrative purposes and, therefore, without legal value. In the event of inconsistencies or discrepancies between the Italian text of these Terms and the translations in other languages, the Italian text will prevail and will be the version to rely on.
Gusto Artigiano reserves the right to modify the Site, the Application and the Services as well as to change these Terms and any accessory documents, at any time and without prior notification.
If these Terms are changed, Gusto Artigiano will publish these changes on the Platform and/or give the User notification of this change by e-mail. The “Date of last update” at the beginning of these Conditions will be modified accordingly. The changes will be effective from the moment they are published on the Platform. Changes to these substantive Terms will be notified by email to the address provided by the User during registration.
Where the User does not intend to accept these changes, he/she may at any time stop using the Platform and the Services in question requesting the cancellation of his/her account. By continuing to access or use the Platform or the Services, the User proves that he/she accepts to be bound by these modified Conditions.
24. APPLICABLE LAW AND JURISDICTION
These Conditions are regulated and must be interpreted according to Italian law.
The User and Gusto Artigiano agree that any dispute, claim or dispute arising from or related to these Terms or their violation, resolution, application, interpretation and validity or use of the Platform, Application and Services are governed by arbitration, having its headquarters and governed by the regulation of the Arbitration Chamber at the Chamber of Commerce of Rome.
For disputes that cannot be compromised in arbitration, the Court of Rome will be exclusively competent, without prejudice to the mandatory forums provided for by Italian law.