This document sets out the general terms and conditions on the basis of which users are offered use of the Movery website, which provides a showcase for tourism services, typical products, and hospitality-related places.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
The Application hosts a platform operated by the Owner that allows Users interested in Products offered by the Owner and the Third Party Supplier to be put in contact. On the Application, Users can then purchase and/or request the supply of both Products provided by the Owner and Products provided by Third Party Suppliers. On the Application, it is always clearly indicated whether the Product is provided by the Owner or a Third Party Supplier.
When Products are offered by Third Party Providers, the Owner is not a party to the relationship that will be established exclusively between Users and Third Party Providers and does not assume any responsibility arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Providers and Users is not subject to these Terms.
The terms and conditions of each Third Party Provider are published in the Application under the heading "Third Party Provider Terms and Conditions."
Use of the Application implies User's acceptance of the Terms. If You do not intend to accept the Terms and/or any other notices, legal notices, disclosures posted or referred to therein, You may not use the Application or its services. The Terms may be modified at any time. The applicable Terms are those in effect on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to read the Terms carefully and save or print them for future reference. The Owner reserves the right to vary, at its own discretion, at any time, including after the User's registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time and charges, delivery time, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may become apparent. In addition, any images of the Products are representative only and do not constitute a contractual element. Purchases and/or requests for supply of one or more Products via the Application are permitted to Consumer Users. To individuals, purchases and/or supply requests are permitted only on the condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or not accept the User's order without the User being able to object or complain about anything for any reason and/or title. The contract of sale or supply of the Products shall be deemed concluded with the acceptance by the Owner of the User's contractual proposal . The Holder will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the time of supply and performance, the delivery address, the time and any delivery costs, the way to exercise the right of withdrawal or its possible exclusion and the guarantee. The contract of sale or supply of the Products shall not be deemed effective between the parties in default of the foregoing.
In the event that the Product is not available, the Holder will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract will be deemed to be completed with respect to the Products accepted by the Holder.
The User agrees to verify the correctness of the data in the order confirmation and to immediately notify the Holder of any errors and will keep a copy of its order, its confirmation and the Conditions.
To take advantage of the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy ( https://movery.it/privacy-policy) and the Terms. The User is responsible for guarding its access credentials, which are to be used exclusively by the User and may not be given to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if they suspect or become aware of any misuse or improper disclosure of them.
The User warrants that the personal information provided during the registration process is complete and true and agrees to hold the Owner harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the User's violation of the rules on registration to the Application or retention of registration credentials.
Registered Users may stop using the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written notice to the e-mail address info@movery.it or by calling customer service at 08118521587. In the event of User's violation of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate User's account at any time and without notice.
The price including VAT, if due, is indicated for each Product. Where the nature of the Product means that it is not possible to calculate it in advance, the method of calculating the price will be indicated. In addition, all taxes, additional charges and delivery charges, if any, that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. Where such items of expense cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User. The Owner reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no event affect any contracts already concluded prior to the change.
The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required.
The Application uses third-party tools for payment processing and in no way comes into contact with the payment data provided (credit card numbers, holder's name, passwords, etc.).Should such third-party tools deny payment authorization, the Holder will not be able to provide the Products and will not be held liable in any way.
If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorize such assignment.
Invoicing The User who wishes to receive an invoice will be asked for invoicing information. The information provided by the User, which he/she represents and warrants to be true, will be the basis for the issuance of the invoice, releasing to the Owner every ample indemnity in this regard.
Physical Products and/or digital goods delivered on a tangible medium will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and stated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time customarily required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to supply the requested Products, timely notice will be given by e-mail to the User, including an indication of when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new term or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for refund.
Upon receipt of the Product, the User is required to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to the User. Once the delivery document has been signed, the User may not object to any dispute regarding the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses, and costs incurred as a result of failure to perform due to force majeure.
The Owner will provide the Digital Products to the User, in the manner and within the term indicated on the Application and stated in the order confirmation. In the event that it is not possible to supply the requested Digital Products within this deadline, timely notice will be given to the User by e-mail, stating when it is expected to be able to supply them or the reasons why the supply is impossible. If the User does not wish to accept the new deadline or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund.
Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address info@movery.it, using the optional withdrawal form referred to in the following article or any other written statement. In the case of separate delivery of several Products, ordered by the User Consumer in a single order, the 14-day period for exercising the right of withdrawal shall run from the day on which the last Product was received. In case of withdrawal, the User Consumer shall return the Product to the Holder, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User Consumer shall bear only the direct cost of returning the Product, unless the Holder has stated that it will bear the cost.
In the event of a properly exercised withdrawal, the Holder will refund the payments received from the User, in the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated that he/she wished to withdraw from the contract. The Holder is not obligated to refund delivery costs if the User Consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder, unless he or she has offered to pick up the Product himself or herself, may withhold the refund until he or she has received the Product or until the Consumer User has demonstrated that he or she has returned the Product.
The Holder will not accept a return in the event that the Product is found to be malfunctioning due to improper use, neglect, physical, aesthetic or superficial damage or alteration, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender for shipping costs.
Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract, by sending a written notice to the e-mail address info@movery.it, using the optional withdrawal form referred to in the following article or any other written statement. In the event of a properly exercised withdrawal, the Controller shall refund to the User Consumer the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User has given notice to withdraw from the contract. In the case of a purchase of digital Product, the User Consumer acknowledges and agrees to lose the right of withdrawal if the execution or download of the digital Product has begun with his or her express agreement and acceptance to lose the right of withdrawal after the execution or download has begun, pursuant to Art. 59, lett. o) of the Consumer Code.
The right of withdrawal from the contract of sale or supply of Products by the User Consumer is excluded relatively:
to the supply of sealed Products that are not suitable for return for hygienic or health protection related reasons and have been opened after delivery
For further clarification, please contact the Holder at the e-mail address info@movery.it or by calling customer service at 08118521587.
The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address info@movery.it Before the expiration of the withdrawal period: I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
Order number:_______
Ordered on: _______
First and last name: _______
Address: ______
E-mail associated with the account from which the order was placed: ____________________
Date: __________
The legal guarantee of conformity, provided for in Articles 128-135 of the Consumer Code, is recognized for all Products sold through the Application that fall under the category of "consumer goods," as governed by Art. 128, 2nd paragraph of the Consumer Code: any movable goods, including those to be assembled, except i) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a delimited volume or in a determined quantity, iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Owner has the obligation to deliver to the User Consumer Products that conform to the contract of sale. Products are presumed to conform to the contract if, where relevant, the following circumstances coexist:
are suitable for the use for which goods of the same type are customarily used conform to the description made by the Holder and possess the qualities of the good that the seller has presented to the User Consumer as a sample or model present the quality and performance usual for goods of the same type, which the User Consumer can reasonably expect, taking into account the nature of the Product and, where appropriate of public statements on the specific characteristics of the Products made in this regard by the Holder, the manufacturer or its agent or representative, particularly in advertising or on the labeling are also suitable for the particular use intended by the User Consumer and which has been brought to the knowledge of the Holder by the User Consumer at the time of the conclusion of the contract and which the Holder has also accepted by conclusive facts.
Therefore, any failures or malfunctions caused by accidental events or by the responsibility of the Consumer User or by use of the Product not in accordance with its intended use and/or with the provisions of the attached technical documentation are excluded from the scope of the conformity warranty.
A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months after the date of discovery of the defect.
Unless proven otherwise, it shall be presumed that conformity defects arising within 6 months after delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. After the 6 months, it will be the Consumer User who will be required to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User Consumer has the right to restore the conformity of the Product, without charge. To this end, the User Consumer may choose between the repair of the Product or its replacement.
This right of choice may not be exercised if the requested remedy is objectively impossible or excessively onerous. In addition, the User Consumer shall only be entitled to an appropriate reduction in price or termination of the contract if any of the following situations occur: i) repair and replacement are impossible or excessively onerous; ii) the Owner has failed to repair or replace within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the User Consumer. If the User Consumer wishes to take advantage of the remedies under the Conformity Warranty, the User Consumer should send written notice to the e-mail address info@movery.it or by calling customer service at 08118521587. The Holder will promptly acknowledge the communication of the alleged conformity defect and indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect.
The Owner declares that it is the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or Content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise governed.
Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.
The Application is provided on an "as is" and "as available" basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly beyond the Owner's control or due to force majeure events.
The Holder shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its suppliers. The Holder shall also not be liable with respect to damages, losses and costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to him, the User being entitled only to the eventual full refund of the price paid and any ancillary charges incurred. The Holder assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (credit card number, holder's name, password, etc.) The Holder will not be responsible for:
any loss of business opportunity and any other loss, including indirect losses, that may be suffered by the User that are not a direct consequence of the breach of contract by the Owner incorrect or unsuitable use of the Application by Users or third parties the issuance of incorrect documents or tax data due to errors related to the data provided by the User, the latter being solely responsible for the correct entry
In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.
The Holder shall not be held liable for failure or delay in the performance of its obligations, for circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond its control.
The Holder's performance of obligations will be considered suspended for the period during which force majeure events occur.
The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.
The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications. Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
The protection and processing of personal data will be done in accordance with the Privacy Policy, which can be viewed on page http://movery.it/privacy-policy
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.
It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.
The User Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the User Consumer may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/
The money-back initiative is valid for the 2021-2022 season on all experiences, tours and activities on the platform. Customers who purchase any of these activities, if dissatisfied, may have the option to request a refund of the amount paid at the time of booking under certain conditions.
Dissatisfaction with the service must be reported to customer service no later than the end of the activity. If the activity lasts longer than a single day, it will be possible to request reimbursement no later than 24 hours after the start of the activity.
In order to request reimbursement, it will be necessary to fill out in full the online form to which the customer will have access only after booking the activity. The data communicated with the reimbursement request form will be processed by computer and/or paper media for the sole purpose of managing reimbursement activities. The client must verify that he/she meets all requirements before proceeding with the reimbursement request. In case he/she is not, it will not be possible to receive the refund. Following the submission of the form, a verification will be initiated with the purpose of ascertaining the conditions through an interview with the client and the service delivery partner.
The refund will cover only and only the fee paid by the customer at the time of purchase. All expenses incurred by the consumer outside of the purchased activity are excluded. In the event that equipment or particular clothing is required for the activity and these are paid for by the customer, there is no refund if the activity is denied.
If, however, it is one of our partners who does not have the equipment included and you are excluded from the activity there will be a refund. Reimbursement will be made within 30 business days from the time of notice of dissatisfaction through receipt of a coupon with a value equal to the amount spent.
Following the reported dissatisfaction, the consumer will be made to terminate the purchased activity. Any consumer who refuses to terminate the activity early will no longer be eligible for a refund.
The granting of reimbursement is at the discretion of the Movery staff in charge of control procedures.
Products are excluded from the satisfied or refund policy.
Free Cancellation gives clients the opportunity to cancel without penalty and for any reason a purchased activity, experience, or tour up to a certain number of days prior to the start of the activity with only the insurance charge if any. The number of days are always intended to be business days. In the event that you are the holder of a €25, €50 or €100 voucher and you book activities, it will be possible to request a refund of the same amount as spent through the voucher. The refund will not be made on the voucher but through a bank transaction.
Date 20/08/2021
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