Terms and conditions of sale
The general conditions of sale and use hereby set out (hereinafter “General Conditions”) are applicable only to the Italian territory and to all the sales and services (hereinafter “Product”) given by TARGET MOTIVATION S.r.l – Via Circonvallazione, 28 – 30171 Mestre Ve – P.IVA 0205767071, through its web site www.italianmate.com (“Web site” or “Italian Mate”). Administrative authorization REA n. 193787. Insurance policy 1/72444/319/104240424.
In accordance to, and as to the effects of art. 7 and 12 of the Italian Law Decree N. 702003, TARGET MOTIVATION S.r.l. communicates to the users the following information: the person in charge of giving the service as object of the General conditions is TARGET MOTIVATION S.R.L. – Via - Via Circonvallazione, 28 - 30171 Mestre VE - P.Iva 02057670271; pec targetmotivation@legalmail.it, registered at the Chamber of Commerce of Venice, social capital 100.000,00 (as follows “Target Motivation”).
The general conditions will be applicable also to the types of products, which will be provided in the future by Target Motivation through Italian Mate, except if otherwise provided during the registration or for the first supply of the new product.
The user is kindly asked to print out a copy of the general conditions and/or save it on a long-lasting support.
SPECIAL ANNOUNCEMENT TO USERS. The registration on the site Italian Mate is allowed only to users as individuals, who have the legal age. “Users” are human beings, who access Italian Mate not with the possible intention to perform commercial, entrepreneurial or professional goals and who are members of Italian Mate. The dispositions of the Dlgs. n. 206 del 6.9.2005 (“Consumer Code”) will be therefore applicable, as well as the provisions generally applicable to the supplied service by Target Motivation through Italian Mate as for del Italian law Decree. n. 70 del 9.4.2003, on electronic commerce.
1. Subject
1.1. The following general terms and conditions of sale rule the offer and the sale of products (as hereinafter defined) on the site www.italianmate.com provided by Target Motivation.
1.2. The purchase of products is only allowed to registered users, who:
a) have examined the information given about processing of personal data;
b) have accepted the general conditions;
c) have created an account on Italian Mate, as described underneath.
1.3 The general conditions of sale can be changed any time, withheld the right of withdrawal by the user, as described in nr. 1.5. Possible changes and/ or new conditions will be enforceable once published on the site in the section “Terms and conditions”. Therefore we invite users to access the site on a regular basis in order to verify the updated general conditions.
1.4. The general conditions applicable are those in force at the moment the order of purchase is processed.
1.5. If the user does not accept the amendments of the general conditions, he/she will have the right of withdrawal, giving a written notice, through a registered letter or an e-mail with a 7 days’ notice.
1.6. The continued use of the service as mentioned in paragraphs 1.2. determines the willingness to accept the general conditions.
1.7. These general conditions do not rule the sale of products and/or the supply of service by subjects other than Target Motivation or any other subject mentioned in the site through a link, banner or other connection. Before undertaking a business deal with these subjects the user has to verify their conditions of sale. Target Motivation is at all times not responsible for the supply of services and/or the sale of products by those subjects. The information given on the web sites referred to by Target Motivation are not checked by it. Target Motivation is hereby not responsible for the contents of these sites neither for possible mistakes and/or omissions and/or violations of any law by those.
2. Subscription
2.1. For the purchase of the products it is necessary to subscribe on the site, creating an account and accepting the general conditions. The lack of acceptance of the General Conditions will have as consequence the inability to purchase on Italian Mate.
2.2. The registration on the site is for free. For the registration the user has to fill out the registration form with its name, last name, an e-mail address and a password, a zip code, the social number and the cell phone number (hereinafter “Registration Credentials”). The registration will be confirmed through a mail sent to the provided address given by the user.
2.3. The Registration Credentials have to be used exclusively by the user and cannot be transferred to third parties. In case an unusual use is noticed the user has to inform immediately Target Motivation. The Registration Credentials can be changed by the user at any time, accessing the site in the section “Login”.
2.4. The user guarantees that the Registration Credentials given during the registration process on the site are complete, correct and truthful. The user undertakes to hold harmless Target Motivation for any indemnification requested. The user is personally liable for any fine due to the infringement of the site’s registration rules. The user is the only responsible for the access on the site, through the registration credentials and is liable for any damage incurred by Target Motivation or any third party’s wrongful use, the loss, the pillage by others, thus the missing of an adequate secrecy of the registration credentials. All the operations carried out by the means of the Registration Credentials are considered to be done by the user to whom the registered credentials refer.
2.5 The user has to do a single registration. Multiple registrations on Italian Mate will be cancelled by Target Motivation.
2.6. Target Motivation reserves the right to refuse, under its own discretion, the subscription of any user.
2.7. The user will in any event cancel its own subscription through the mailing of an e-mail to the address support@italianmate.com
3. Pre contractual information
In accordance to the Italian Law Decree 9 April 2003, n. 70, which sets out the provisions on electronic commerce, Target Motivation informs the user as follows:
- In order to purchase one or more products on the site, the user has to fill in the electronic order form, and follow the instructions on the site through the diverse phases of the purchase until the final submission to Target Motivation;
- the contract is finalized once Target Motivation registers the order form, before verifying the accuracy of the order as well as of the payment;
- before sending the order form the user has the possibility to identify and correct possible mistakes of the data provided, by following the instructions of the site and those given during the different stages of the purchase; once the order form has been registered, Target Motivation will send to the e-mail address given by the user a confirmation e-mail, which gives a recap of the general conditions, the characteristics of the purchased product, the details of the price, the payment device selected, the means of the right of withdrawal, the possible shipping costs and eventual additional costs and the assistance services, moreover the voucher which is sent to the user attached to a separate email. It is recommended to save the received e-mail as a proof of purchase and/or to memorize it on a long-lasting support;
- the order form will be stored in Target Motivation’s database for the time needed for the execution of the order and as required by law. The user may check his order consulting the page “My orders and VOUCHER” on Italian Mate, where the list of made orders will appear.
4. Terms and conditions of purchase.
PRODUCTS: Target Motivation offers through its site Italian Mate the chance for their users to purchase travel experiences, such as for examples, organized tours, touristic guides, restaurant reservations and transportation, tickets for museums, theaters and /or to access certain installations or exhibitions and/or to take advantage of services for the free time or travelling options offered by third parties. Target Motivation declines any responsibility connected to the adequacy of the service given by the supplier or as for consequences connected to the use of services of a third supplier.
We kindly ask the user to read carefully the description and the details of each product and to verify that the conditions reach his wishes.
4.1. The details and information of the products are indicated in the site’s section “description of the product” and “details”. In this section the user can also see the price of each single product.
4.2. The products can be:
- IMMEDIATELY AVAILABLE, the availability of the product is confirmed by Target Motivation at the same time of the submission of the order form. This type of products can be booked until 3 days before the selected tour.
- CUSTOMIZED FOR YOU, the availability of the product is confirmed by Target Motivation within 3 days from the submission of the order form. This type of products can be booked until 4 days before the selected tour.
4.3. Target Motivation reserves the right to offer to its users so called “special offers” products, subject to a limited time and under certain conditions, as showed on Italian Mate from time to time.
4.4. With the submission of the order form the user declares to have entirely read and understood the “description of the product” and the “details” of the selected product.
4.5. PRICE: all prices mentioned on the site are expressed in euro (€) and are comprehensive of VAT. For each product, the price in the product list is intended for a single person. The final price of the chosen product will be displayed by the user once he/she will have selected date, time, number of participants and any other additional request. The user will be charged with the price of the product indicated in the site at the moment the order is submitted. Target Motivation reserves its right to not confirm the order of users, with whom there are pending disputes or in cases provided for by art. 5. It is understood that the user will be charged with the final price, showed after the selection of the product in the shopping cart. Prices indicated on the site by “starting from” are meant as indicative.
4.6. PURCHASE PROCEDURE: in order to submit the purchase of one or more products, the user has to complete the online order form (to be considered a contractual proposal) and send it electronically to Target Motivation as set out precisely in the following art. 4.8. By forwarding an Order form to Target Motivation, the user declares (a) to have read in full and to have understood the “description of the product” and the “details” of the product and (b) to unconditionally accept the provisions of the General Conditions and (whenever applicable) the terms and conditions of sale of the supplier as set out in the product sheet and/or communicated by Target Motivation. The user is kindly asked to read carefully the cancellation policy, which is set out in the following art. 9, before making a reservation. In case the user does not comply with the timetable and/or the terms indicated for the product, no refund will be due.
4.7. BOOKING PROCEDURE: In order to submit an order of purchase of one or more products on the site, the user has to select the product and fill in the online form, which has to be considered as a contractual proposal (Order form). The Order form is composed of:
- one page “recap of the order”, which recaps the principle conditions of the product the user has chosen;
- one page “register”, which sets out the personal information required;
- one page, which lines out the billing address;
- a recap of the process and the time for the receiving of the voucher;
- and one page that identifies the details of the paying method.
Before submitting the Order form the User will visualize and accept the principle characteristics and conditions of the ordered product, the price (comprehensive of VAT).
By submitting an Order form to Target Motivation, the User accepts unconditionally and undertakes to comply with provisions of the present General Conditions and the conditions applicable to the selected product.
4.8 ORDER MANAGEMENT: once the order form is submitted, Target Motivation will contact the supplier and:
- In case of IMMEDIATELY AVAILABLE product it will issue the voucher of the selected product, according to the terms indicated in the form of the product and in any case within 3 days from the date of receipt of the Order form.
- In case of a CUSTOMIZED FOR YOU product, Target Motivation will check the availability of the product with the supplier and within 3 days from the date of receipt of the Order form will send an e-mail to the User confirming or not the availability of the product. It is understood that the price of the TAILOR MADE product will be charged on the paying method indicated by the user simultaneously to the submission of the confirmation of the availability of the requested product. The mail acknowledging the receipt will include also the voucher of the selected product. The invoice will be issued by Target Motivation within 30 days from the receipt of the payment.
5. Payments
5.1. Target Motivation accepts the following payment methods:
- Credit card through the circuits of VISA, MATERCARD, and American Express, which payments will be subject to a secure connection server-to-server through the use of the Protocol SSL (Secure Sockets Layer) with a 128 bit coding.
- Paypal
5.2. All the financial details (such as credit card number or the date of expiry) are sent through a coded protocol to Banca Stella (a supplier of paying services) and third parties may not access to such data. These details are not used by Target Motivation, except for the conclusion of the procedure of purchase or to reimburse in case of cancellation or to signal fraud cases to the police.
5.3. At the moment of the submission of the Order form:
A) for the IMMEDIATELY AVAILABLE PRODUCTS: no price will be charged on the credit card used by the user for the payment. The price will be charged only when (i) the information of the credit card or whatever other payment given by the user will be verified and (ii) the company that issued the credit card or any other payment method used by the User, will have given the authorization for the charge, (iii) the supplier will have confirmed the availability of the selected product to Target Motivation as set out in the previous article.
B) for the products CUSTOMIZED FOR YOU: (i) a reservation of payment equal to the price of the selected product will be done, the price will not be charged on the paying method selected by the user, but simply “freezed” (ii) subsequently to the reservation of payment, Target Motivation will verify with the supplier the availability of the selected product (iii) in case of availability of the selected product tailor made, Target Motivation will proceed in order to confirm the charge of the price on the payment method indicated by the user. In case the product should not be available as mentioned in point (i) it will “unlock” the reservation and no amount will be charged.
5.4. In case of lack in payments, Target Motivation will charge the subsequent managing of the credit collection on the User and will refuse the order of purchase, giving notice through e-mail.
5.5. Target Motivation reserves the right to not accept under its own discretion certain payment methods.
5.6. In case of wrong data or/and the inability to proceed with the monetary transaction, the payment will not be possible and therefore the order will not be processed.
6. Voucher
6.1. A single voucher will be issued for every single purchase of product.
6.2. The Voucher will indicate: the information about the user who has purchased the product, the recap of the characteristics and details of the product, moreover the direct contact of Target Motivation (Italian Mate) which shall be used in case of problems.
6.3. IT IS MANDATORY to show up at the Meeting Point indicated with a printed copy of the Voucher (proving the purchase of the product). This Voucher shall be showed andor delivered to the supplier at the Meeting Point, as indicated in the Voucher. If no printed out copy of the Voucher is shown, the service will be denied and it will be impossible to use the purchased product. Target Motivation will not refund, pay back or compensate in any way the purchase in case the voucher is not handed out. The user has to show a valid ID when using the Voucher.
7. Disclaimer
7.1 Target Motivation shall not be held responsible for the services given by suppliers. To the maximum amount allowed by the applicable law, the user hereby agrees to exclude the liability of Target Mediation for any costs, expenses, loss or damages arising, directly or indirectly, due to a breach of the supplier and/or any event in any way related to the service given by the supplier.
In no circumstance Target Motivation will be liable for any contractual breach by the supplier of the product/s and for any loss, damage, expenses, claims of any kind suffered by the user and/or third parties and arising out of acts and/or omissions by the supplier of the product.
7.2. Purchasing a product, the user agrees and approves the binding conditions as indicated, as well as the policy of cancellation and no-show.
7.3. The user shall show up at the date and time indicated in the Order form in order to enjoy the product. No refund shall be due, in case of delayed or missing presentation. In case the user wants to cancel his/her reservation, possible arising costs for the cancellation can be charged as foreseen by the policy of cancellation under article 9, or as differently indicated in the details of the product. We recommend reading carefully the policy of cancellation and no-show before submitting the reservation.
Target Motivation, will not be liable in any case for delays and/or failures to perform contractual obligations caused by unavoidable events beyond the party’s control (force majeure), such as, and only as examples, natural disasters, hostility, riots, terrorist acts, revolutions, any action by a governmental authority (such as the withdrawal of authorizations or licenses), accidents, flooding, epidemic, explosions, bad weather conditions, interruptions of a public service (such as gas, light, water, telephone), restructuring of the touristic venue decided by the owner, strike, clamp or boycott, embargo and siege.
8. Conclusion of the purchase
8.1. An order is to be considered as submitted when Target Motivation receives the electronic Order form and the therein indicated information is verified and held as correct.
8.2. The contract is effective and binding when- after the payment is authorized through the site – Target Motivation sends the Voucher to the User.
9. Termination by the user and request of modification
User’s right of withdrawal and amendment request.
9.1 Except as otherwise provided, the users right of withdrawal is excluded for the Products, pursuant to the applicable law.
9.2 IMMEDIATE AVAILABILITY PRODUCTS: the user has the right of withdrawal from the agreement only where provided for in the Product’s data sheet, according to what herein below provided:
- request of cancellation of the reservation before payment: reservations cancelled before the payment is finalized are free of charge(no cancellation fee).
- request of cancellation of the reservation after payment:
- If the user cancels at least 7 days in advance of the scheduled departure, there is no cancellation fee.
- If the user cancels between 3 and 6 days in advance of the scheduled departure, there is a 50% cancellation fee.
- If the user cancels within 2 days of the scheduled departure, there is a 100% cancellation fee.
9.3 CUSTOMIZED FOR YOU PRODUCTS: the user does not have the right of withdrawal and the user has no right to be refunded of the price already paid.
9.4 Products already booked cannot be amended except as otherwise herein provided.
9.5 In case the user wishes to amend one or more Products, after the booking has been finalized, he may contact the customer service through the form “contact us” on Italian Mate. Target Motivation will try to make any reasonable efforts in order to try to fulfill user’s request, but does not grant that amendments will be accepted.
10. Claims
10.1. Every lack in the execution of the product shall be immediately notified by the user to the supplier, in order to let Target Motivation, the supplier, the local representative or the guide promptly find a remedy. Therefore the user has to communicate with no particular formality, but immediately and already while using the purchased product, the missing requirements.
10.2. In case the supplier is not able to solve the problem in an adequate manner, the user has to claim it, either by registered mail or with any other tool which may guarantee the certain prove of receiving it by Target Motivation. The notice shall be sent as soon as possible and therefore not later than 10 working days from the date of the termination of the usage of the product.
11. Particular conditions applicable to products qualified as holiday packages
11.1. A holiday package pursuant to the Code of tourism, art. 34 comma 1 is a “holiday packages are trips, holidays, circuits all inclusive, touristic cruises, resulting from the combination by anybody and in any way achieved, of at least two of the following elements, sold and offered to be purchased at an average price:
a) transport
b) accommodation
c) touristic services not ancillary to transportation nor the accommodation pursuant to art. 36, which represent, for the satisfaction of the recreational purpose of the tourist, a significant part of the holiday package.”
11.2. In case the product chosen by the user falls into the category of holiday packages, as mentioned above, the additional conditions of this art. 11 shall apply.
Amendment or cancellation of the holiday package before departure
i) In the event, before departure, Target Motivation has the necessity to change significantly one or more elements of the holiday package, it will immediately give notice to the user by mail and suggest the possible types of changes and the possible variation of the price.
ii) Whenever the user shall refuse the suggested changes as mentioned in point i), he or she may withdrawal without the payment of any penalty and he/she has the right to use another holiday package whenever Target Motivation is able to provide it, otherwise he/she will be refunded of the amount already paid according to art. 42 of the Code of Tourism.
iii) The user shall communicate his or her decision to Target Motivation within two working days from the moment he or she has received the notice as stated at point i). In absence of it within the due time, the suggested proposal by Target Motivation shall be intended as accepted.
iv) In case Target Motivation cancels for any reason, except for fault of the user, the holiday package before the departure, he/she shall receive a refund as set out by law, for the price paid for the holiday package. No refund is applicable in case the cancellation is due to the fact that the minimum number of participants eventually requested is not reached or because of force majeure or an accident has taken place.
11.3. Amendments to the holiday package after the departure
Whenever after the departure, Target Motivation is not able to provide, for any reason, except for fault of the user, an essential part of the services agreed, it will provide adequate alternative solutions for the prosecution of the organized journey without having any further consequence for the user, or it will refund the user an amount equal to the difference between the cost of the originally agreed services and those performed. Whenever no alternative solution shall result, or the solution suggested by Target Motivation is refused by the user because of reasonable and rightful reasons, Target Motivation will provide without any additional charge of price, a transportation similar to the original one as to bring back the user to where the departure was or to any other place agreed, compatibly with the availability of transports and space. Target Motivation will also refund the user of an amount equal to the difference between the cost of the originally foreseen service and those performed until the early return.
11.4 Replacement
The user who renounces can be replaced by another person, if: a) Target Motivation has been informed in writing at least 4 working days before the agreed date for the departure, and being informed also on the reason for the replacement and the identification information of the substitute; b) the substitute has to fulfill the conditions set out by (art. 39 Cod. Tour.).; c) the related services or other services given in substitution can be carried out after the replacement; d) The substitute reimburse the organization of all the additional expenses due to the replacement, in the amount notified before the replacement. The user and the substitute are solidly liable for the payment of the entire price as well as all the expenses mentioned in letter d) of this article.
11.5. For all what may be missing, reference is made to the Code of Tourism.
12. Suspension of the Service
12.1. Target Motivation reserves its right to temporarily suspend, without any previous communication, the distribution of the service for the time strictly necessary for the technical operations and/or necessary to improve the quality of the given services.
12.2. Target Motivation may, in any moment, interrupt the service whenever there are security reasons or the violation of privacy, giving notice to the user.
13. Contents of the site and intellectual property rights
13.1. The contents of the site Italian Mate, as examples but not limited to work, images, photographs, dialogues, lyrics, sounds and videos, documents, drawings, pictures, logo and any other material, in any possible dimension, published on the site, included menu, web pages, graphic, colors, schemes, instruments, character and design of the web, diagrams, layouts, methods, processes, functions of the software, are protected by copyright and any other intellectual property right of Target Motivation and of any other parties who might be entitled. It is strictly forbidden to reproduce, amend, duplicate, copy, distribute, sell or any other exploitation of images, of the contents of the site if not previously authorized in written form by Target Motivation. Moreover it is strictly forbidden the use of the contents of the site for commercial purposes.
13.2. In any case the user cannot alter, change, modify or adapt the site, nor the material given by Target Motivation.
14. Final provisions, applicable law and court of jurisdiction.
14.1. This General Conditions are ruled by Italian law.
14.2 The sale agreement between the User and Target Motivation is meant as concluded in Italy and ruled by the Italian law. For disputes concerning the interpretation, execution or resolution of the present General Conditions or of single purchased products, and in case the user is a consumer, as defined in the Italian Consumer Code, the exclusive court of jurisdiction will be his/her municipality or his/her residence whenever it is on the Italian territory; in any other case, the jurisdiction will be exclusively the court of Venice, and any other authority or jurisdiction shall be excluded.
14.3 In accordance with art. 14 of the UE Regulation 524/2013, the user is informed, that in case of litigation, he or she may submit a claim through the platform ODR of the European Union as on the following link http://ec.europa.eu/consumers/odr/. The platform ODR is an access point for the users, who prefer to solve the disputes that may arise from online contracts of sale or services on a extrajudicial path. In connection to that the electronic address of Target Motivation is support@italianmate.com.