Terms and conditions

These terms and conditions govern the sale of Gift Cards on the website https://shop.laquacollection.it/ and regulate their use. The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for instance, following legislative or regulatory changes or changes to the functions of the Site. These modifications will be communicated to Users via the Site with a specific notice. The online sale of products on the Site is governed by the rules of the Consumer Code (Legislative Decree No. 206/2005) and the Electronic Commerce Code (Legislative Decree No. 70/2003).

ART. 1 DEFINITIONS

For the purposes of this contract, the following terms shall have the meanings indicated:

  • Seller: Ca.Pri S.r.l. with registered office in Italy, Orta San Giulio (NO), 29016, Via Giuseppe Fava 18, VAT / Tax Code: 01938520036, Email: capridrlorta@legalmail.it
  • Terms and Conditions or Contract: The set of these contractual clauses that determine and define the relationships between the Seller and the Customer.
  • Platform or Site: The Site https://shop.laquacollection.it/
  • Users: Any subject who accesses the Site and continues to browse.
  • Customer: Any subject who makes a purchase through the Site.
  • Consumer: The natural person who acts for purposes unrelated to professional or entrepreneurial activities.
  • Professional: The natural or legal person who acts in the exercise of their entrepreneurial and commercial activities and who purchases with a VAT number.
  • Services: Sale of Gift Cards.
  • Purchase Order or Order: The purchase proposal made by the User through the Site’s procedures, particularly via the Cart.
  • Purchase: The paid acquisition from the day the purchase is concluded.

 

ART. 2 OBJECT

These Terms and Conditions of Sale concern the Gift Cards and are valid between the Seller and any User who makes a purchase on the Site, whether as a Consumer or as a Professional under the current regulations. If any of the conditions are null or ineffective, such nullity or ineffectiveness will not extend to the remaining clauses of these terms and conditions.

 

ART. 3 PRODUCT DESCRIPTION

“Gift Card” refers to a prepaid card, physical or electronic, issued by Ca.Pri SRL. The Site sells Gift Cards for oneself or other beneficiaries. All Gift Cards are nominative and will be sent via email in a downloadable PDF format. Gift Cards can be used for experience packages and tasting menus as detailed in each card and cannot be used to purchase other Gift Cards. The Customer acknowledges and accepts that the Gift Card is valid only for the associated structure and cannot be modified in any way, and in case of loss or theft, the Gift Card will not be replaced. Each Gift Card is valid for 6 months from the date of purchase. After six months, if the Gift Card has not been used, it will not be possible to receive a refund or renew the Gift Card for an additional period. The Customer must directly interface with the structure for requests such as event dates, reporting any intolerances, and other requests. The Customer acknowledges and accepts that the Gift Card cannot be converted into money and it is not possible to use multiple Gift Cards in the same order.

 

ART. 4 PRICES AND ADDITIONAL COSTS

The prices of the Products are displayed in euros and may change. In such cases, the prices published at the time of the Order on the online store are considered.

 

ART. 5 REGISTRATION

To purchase a Gift Card on the Site, the User may register, entering their personal data. Upon registration, the User guarantees that they:

  • Are of legal age and legally capable;
  • Possess the necessary requirements for registration as requested at the time of registration;
  • Observe all applicable legal and contractual norms related to these Terms and Conditions;
  • Are the legitimate owner of the data entered, which must be true, correct, and updated. All data transmitted will be treated with the utmost respect for privacy regulations. The Seller will use them to complete orders, and only if explicit consent is given, the data may also be used to provide information about initiatives, such as news or promotional discounts.

 

ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User can purchase the Gift Cards by following the purchase procedures provided on the Site. At the time of purchase, the Customer must follow all instructions on the specific page of the Site and, after reviewing the Terms and Conditions, particularly regarding the exercise of the right of withdrawal and the Privacy Policy, select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in effect at the time of the Order and available on the Site. The contract between the Seller and the Customer is concluded upon acceptance of the Order by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer via email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of the orders received and may refuse or not process purchase orders that are incomplete or incorrect. If the Customer needs to change the name associated with the Gift Card, they can do so within a maximum of 48 hours from the purchase. The Seller will inform the Customer of any inability to accept the orders received as soon as possible from the moment the Customer has transmitted the Order and will refund any amounts already paid by the Customer. Any right of the Customer to compensation or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the partial or total non-acceptance of an Order by the Seller, is excluded.

ART. 7 PAYMENT METHODS

The payment methods available on the Site are:

  1. PayPal
  2. Credit Card

ART. 8 RIGHT OF WITHDRAWAL

The Customer can exercise the right of withdrawal for Gift Cards not yet activated within 14 days from the date of purchase. To exercise this right, simply inform the Supplier of the desire to withdraw from the purchase by communicating this intention to the address of the associated structure, which will be present in the communication received along with the Gift Card in PDF format. Alternatively, the contact section of our website can be consulted. The Supplier commits to refund the amount due within 14 days from the receipt of the communication.

ART. 9 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the brand, the domain name, the related subdomains, and all related intellectual and industrial property rights are the exclusive property of the Seller, reserved to it and will not be transferred or licensed in any way to the Customer. Therefore, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit on other websites, transfer, or otherwise make available to third parties the Site and/or the Site Contents without the prior express and formal approval of the Seller.

ART. 10 NON-EXERCISE OF A RIGHT

The non-exercise of a right by the Seller does not represent any waiver to act against the Customer or third parties for the violation of commitments undertaken. The Seller reserves the right to enforce its rights in any case, within the allowed terms.

ART. 11 PROCESSING OF PERSONAL DATA (PRIVACY)

The Personal Data provided or acquired will be processed based on principles of fairness, legality, transparency, and confidentiality in accordance with current regulations. The Seller, as the Data Controller, processes the Users’ Personal Data adopting appropriate security measures to prevent unauthorized access, disclosure, modification, or destruction of the Personal Data. The processing is carried out using IT and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. User data is collected to execute pre-contractual measures; to fulfill obligations arising from the contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests made to the Data Controller by the User; to send information and promotional offers, including through the newsletter service based on the freely expressed consent of the User; for soft spam purposes for promotional communications concerning purchased Products without the need for the User’s express and prior consent, as provided for by art. 130, 4th paragraph, Privacy Code as amended by Legislative Decree No. 101 of 2018. Therefore, the Customer is invited to carefully read the privacy policy on personal data processing (Privacy Policy) in accordance with EU Regulation 679/2016, as well as the use of cookies with the relative consent to the processing where required (Cookie Policy).

ART. 12 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are entirely governed by Italian law. Any disputes arising in connection with the validity, interpretation, execution, and resolution of the online contracts between the Consumer Customer and the Seller will be the exclusive competence of the court of the judge of the place of residence of the Consumer (the so-called consumer forum). Any disputes arising in connection with the validity, interpretation, execution, and resolution of the online contracts between the Professional Customer and the Seller will be the exclusive competence of the Court of Novara.

ART. 13 DISPUTE RESOLUTION

Pursuant to article 49 paragraph 1 letter V of Legislative Decree No. 206/2005 (Consumer Code), the Consumer Customer may use the Joint Conciliation Procedure (ADR). Under art. 14 of Regulation 524/2013, in case of a dispute, the Consumer Customer can file a complaint through the EU ODR platform.

ART. 14 COMMUNICATIONS

For further information of any kind, you can contact the Seller at the following contacts: https://shop.laquacollection.it/en/contact/ 

In accordance with articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read carefully and to accept all the clauses of these Terms and Conditions of Sale.