General Terms and Conditions
FOR ALL SALES MADE THROUGH THE FASTSPRING.COM PLATFORM, THE TERMS AND CONDITIONS OF SALE SET FORTH IN THE ORDER FORM OF THE AFOREMENTIONED PLATFORM (LINK).
THE FOLLOWING GENERAL TERMS AND CONDITIONS OF SALE PRODUCTS AND SERVICES APPLY ONLY TO SALES NOT MADE THROUGH FASTSPRING.COM
These general conditions of sale govern the distance purchase through the website www.valerio.it owned by Start Me Hub S.r.l. or other sites and platforms attributable to it (hereinafter the "Site") of goods and services offered by Start Me Hub S.r.l. These general conditions of sale are drafted in accordance with Legislative Decree No. 206 of September 6, 2005 ("Consumer Code") and its subsequent amendments and additions, and Legislative Decree No. 70 of April 9, 2003 implementing the EU Directive on Information Society services (so-called "E-Commerce Directive").
1.1 For the purposes of these general terms and conditions, the following shall mean (without distinction between use in the singular or plural):
- "Start Me Hub S.r.l." means the supplier of the products and services offered for sale on the Site, or any of its intermediaries, licensees, distributors, resellers, authorized franchisees or any other authorized individual or legal entity that identifies the product or service offered for sale on the Site with the Start Me Hub S.r.l.'s trademarks or other distinctive signs authorized by Start Me Hub S.r.l. or with the trademarks or other distinctive signs of which Start Me Hub S.r.l. is a licensee as an authorized reseller and/or distributor;
- "Customer": is the natural person (consumer or professional, as further defined below) or legal entity that purchases products and/or services on the Site by acceptance of these General Terms and Conditions of Sale;
- "Consumer" means a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity;
- "Distance contract": the contract having as its object the goods and/or services offered on the Site to the consumer or the professional under an organized scheme of distance sales or provision of services without the simultaneous physical presence of Start Me Hub S.r.l. and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself; this definition also includes those of "contract of sale" - that is, any contract under which Start Me Hub S.r.l. transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including contracts having as their object both goods and services - and of "service contract," that is, any contract other than a sales contract under which Start Me Hub S.r.l. provides or undertakes to provide a service to the consumer and the consumer pays or undertakes to pay the price thereof, provided that they are concluded at a distance;
- "Parties": the Start Me Hub S.r.l. and the Client collectively;
- "Product(s)" means the goods offered for sale on the Site through the same purchasable by entering into the relevant distance contract;
- "Professional" means a natural or legal person acting in the exercise of his or her business, trade, craft or profession, or an intermediary thereof;
- "Service(s)" means the services offered for sale on the Site or that may be offered on the Site in the future, which can be purchased by entering into the relevant Distance Contract;
- "Site": overall, it is the website. valerio.it owned by Start Me Hub S.r.l. or other sites and platforms attributable to it where it is possible to enter into a Distance Contract;
- "Technique of distance communication" means any means that, without the simultaneous physical presence of Start Me Hub S.r.l. and the consumer or professional, may be employed for the conclusion of the contract between said parties, including the Site.
1.2 The rules specifically provided for the protection of the Consumer do not apply to the client represented by a Professional, who therefore may not avail himself of the special rights and terms provided by these General Terms and Conditions exclusively in favor of the Consumer, without prejudice to the applicability of the other conditions.
2.1 These General Terms and Conditions of Sale govern the Distance Contracts entered into by means of Distance Communication Techniques (including online mode, through the Site) between Start Me Hub S.r.l. and Customers and concerning the Products and/or Services offered for sale.
2.2 The Distance Contract is governed by the version of the General Terms and Conditions of Sale in effect at the time the Customer submits the order.
2.3 Transactions for the purchase of Products and/or Services online and the conclusion of related distance contracts are subject to the prior acceptance of these General Terms and Conditions of Sale and the registration of the Customer making the purchase.
- CUSTOMER INFORMATION
3.1 Where the distance contract is entered into between Start Me Hub S.r.l. and a Consumer Customer, pursuant to Article 49 of the Consumer Code, the following mandatory information is provided below.
3.2 The identity and registered office and contact details of Start Me Hub S.r.l. as the supplier of the Products and Services offered for sale on the Site are as follows:
Start Me Hub S.r.l.
Registered office: Via Galasso Da Carpi n. 1, 62100 Macerata
Tax Code: IT01935510436
VAT No: IT01935510436
Macerata Companies Register registration number: IT01935510436
Tel. +39 0733 270513
Fax +39 0733 270513
The registered office, in addition to the contact details given in Article 3.5(a), is taken - also in accordance with Article 49(1)(d) of the Consumer Code - as the address at which the Consumer-Customer may send complaints.
3.3 The essential characteristics of the Products and Services are reported within special technical data sheets published on the Site or previously sent to the Customer and that the Customer can view before submitting the purchase offer. Start Me Hub S.r.l. reserves the right to modify/adapt the technical information of the Products and Services even without any prior notice. The following information is also provided within these sheets or related web pages:
- the availability and price, including all taxes and fees charged to the Customer;
- any additional charges and delivery costs, if any, as well as any other additional cost elements as the case may be, to be borne by the Customer (it is specified and informs the Consumer in accordance with Article 57 of the Consumer Code that the cost of returning the Products in the event of the exercise of the right of withdrawal pursuant to Clause 8 below shall be borne by the Consumer);
- The manner of payment, delivery of the good or provision of the service;
- the duration of validity of the various offers and prices (including in the case of promotional sales, specials and/or discounts applied);
- the method of payment, delivery and performance, the date by which Start Me Hub S.r.l. agrees to deliver the Products or perform the Services, and, if applicable, the practitioner's handling of complaints.
3.4 With reference to the right of withdrawal, see clauses 8, 9, 10 and 11 below.
3.5 In addition to the mandatory information above, we also provide below the other information required by both the Consumer Code and Legislative Decree 70/2003 in favor of both Consumer Customers (supplementing in this case those just provided above) and non-consumer Customers (legal persons and professionals): with reference to the contact details that allow Start Me Hub S.r.l. to be contacted quickly and to communicate directly and effectively, including telephone number, fax number and e-mail address, are as follows: Tel. +39 0733 270513 - Fax +39 0733 270513 - E-mail: firstname.lastname@example.org - PEC: email@example.com
3.6 The online publication of these General Terms and Conditions and Article 3 just above shall count as a presentation of information in a durable medium provided to the Consumer Customer pursuant to Article 51 of the Consumer Code.
- INFORMATION DIRECTED TO THE CONCLUSION OF THE DISTANCE CONTRACT
4.1 Article 11 of Legislative Decree 70/2003 requires each provider of goods and/or services to provide Customers with specific information directed to the conclusion of the distance contract. Below Start Me Hub S.r.l. complies with the relevant information obligations towards Customers.
4.2 With reference to the various technical steps to be followed for the conclusion of the contract, on the Site it is possible to follow a guided procedure that at any time allows the Customer to verify and then validate any information entered and to correct errors prior to the temporary submission of the electronic form containing the proposed purchase order and until the conclusion of the Distance Contract.
4.3 With reference to the manner in which the Distance Contract, once concluded, will be archived and how it can be accessed by the Customer, the Customer will find the text in its Control Panel area and will receive an e-mail summarizing the purchase made and the contract thus concluded.
4.4 With reference to the technical means made available to the Customer to detect and correct data entry errors before placing the order, the system for concluding the Distance Contract on the Site requests confirmation of the correctness of the data entered and automatically reports any errors arising from the omission of mandatory data in the various fields of the online order.
4.5 There are no languages available to conclude the contract other than Italian.
4.6 With reference to the indication of dispute settlement instruments, see Article 13 below.
4.7 The clauses and general conditions of the contract proposed to the Customer are and remain at his disposal at all times: storage and reproduction are always possible by saving the web page or by using the copy/paste option. Furthermore, in the e-mail confirming receipt of the order, the General Terms and Conditions of Sale are attached or a link is made available to the Customer where to view and print them.
- CONCLUSION OF THE DISTANCE CONTRACT
5.1 Firstly, Article 51 paragraph 2 of the Consumer Code prescribes that if a distance contract to be concluded by electronic means imposes an obligation on the consumer to pay, the trader must clearly and conspicuously communicate to the consumer the information referred to in Article 3 above, directly before the consumer places the order. In addition, with this paragraph, Start Me Hub S.r.l. fulfills its obligation to ensure that, when placing the order, the Consumer expressly acknowledges that the proposed purchase - where accepted by Start Me Hub S.r.l. - entails the obligation to pay the established price and all specified costs.
5.2 By sending the order proposal, the Customer offers to purchase a Product or Service. The sending of the order proposal does not bind Start Me Hub S.r.l. in any way - unless otherwise stated on the Site - nor can the online offer of Products or Services be understood as a proposal to the public pursuant to art. 1336 civil code. Only where Start Me Hub S.r.l. accepts - specifically and from time to time by explicit communication via e-mail transmitted to the Customer - the proposed order of purchase received from the Customer himself, the conclusion of the Distance Contract will be determined.
5.3 Before sending an order proposal, Customers are invited to ensure that they have read and understood the instructions provided during the purchase order proposal transmission procedure and these General Conditions, since they will be binding once the Distance Contract is concluded with Start Me Hub S.r.l.'s acceptance of the purchase order proposal received. By sending the proposed purchase order to Start Me Hub S.r.l., the Customer acknowledges and declares that he/she has read all the information provided to him/her during the purchase procedure, that he/she is aware that sending the proposed purchase order - if accepted by Start Me Hub S.r.l. - will entail the obligation to pay and that he/she accepts these General Conditions in full. Concurrently with the conclusion of the Distance Contract Start Me Hub S.r.l. will issue the relevant invoice that will be sent together with the ordered product or service. This document is the only documentary evidence that can be used for the exercise of warranty rights relating to the Products or Services sold.
5.4 In the event of acceptance of the proposed purchase order received by the Customer, Start Me Hub S.r.l. will acknowledge receipt of the order received by transmitting its final acceptance and the relevant order confirmation to the e-mail address that the Customer has indicated during registration on the Site. Such acceptance and order confirmation will contain - as required by applicable law - a summary of the general and particular conditions applicable to the Distance Contract already concluded, information on the essential characteristics of the good or service and detailed indication of the price, means of payment, duration of the contract, withdrawal where applicable, any delivery costs and applicable taxes.
- MODE OF PAYMENT - INSTALLMENT
6.1 Start Me Hub S.r.l. accepts only the following forms of payment: Credit card of the American Express, Diners, Visa and Mastercard circuits, Paypal, bank transfer in advance. The amount due will be charged on the date of confirmation of the order. The holder of the order paid by credit card must be the owner of the credit card used. Start Me Hub S.r.l. reserves the right to require the Customer to send a copy of a valid identity document to verify ownership.
6.2 Card information is handled directly by third-party entities that specialize in handling online payments. The information is encrypted through the use of encryption systems that prevent its use by third parties and is sent by the Client directly to the Bank. Start Me Hub S.r.l. does not view or access the related data.
6.3 Start Me Hub S.r.l. reserves the right to verify compliance with the conditions mentioned in this clause by requesting the card-issuing bank to verify the genuineness of the card's ownership. This activity takes about 5 working days. At the end of the same, in case of a positive outcome, we will proceed with the delivery of the order placed.
6.4 In the case of installment payments, failure to pay, within the established terms, two installments, even if not consecutive, entails forfeiture of the benefit of the installment and the right of Start Me Hub S.r.l. to demand immediate payment of the remaining amounts still due.
- REMOTE CONTRACT EXECUTION
7.1 Unless otherwise agreed between the Parties or without prejudice to the cases in which - with adequate notice - Start Me Hub S.r.l. informs the Customer of different timescales about the delivery and execution of the concluded Distance Contract, based on the availability of the Products and Services or based on specific requests of the Customer that entail particular timescales for the execution, delivery and fulfillment of the accepted order proposal - and without prejudice to the cases provided for in the following clause 7.6 which shall not be considered as an extension of delivery times attributable to Start Me Hub S.r.l. - the Distance Contract concluded pursuant to these General Conditions shall be executed within the term indicated in the order confirmation and in any case within a maximum of 15 (fifteen) days from the day following the day on which Start Me Hub S.r.l. transmitted its acceptance to the Customer pursuant to Article 5.4 of these General Conditions.
7.3 The obligation of delivery is fulfilled by Start Me Hub S.r.l. by assigning and communicating to the Customer, through e-mail, the credentials for access to the online platform from which the Customer can download the purchased Products (digital delivery) or can use the purchased Products or Services. If Start Me Hub S.r.l. does not fulfill its obligation to deliver the Products or Services within the agreed term, the Consumer has the burden of inviting it to make the delivery within an additional term appropriate to the circumstances. If the additional period thus granted expires without the products or services having been delivered to it, the Consumer shall be entitled to terminate the Distance Contract.
- CONTRACT DURATION AND RIGHT OF WITHDRAWAL
8.1 The Contract having as its object the provision of Services has a duration equal to the one indicated in the order form and in the order confirmation and is automatically renewed with the frequency indicated therein and under the same conditions, unless terminated in writing to be sent to Start Me Hub S.r.l., at the addresses indicated above in art. 3, by PEC or registered letter with return receipt and with notice of at least 7 (days) days before each expiry date (in case of registered letter with return receipt, the postmark of dispatch will be considered the date of expiry).
8.2 For Consumer Customers only, the exercise of the right of withdrawal is provided for (thus excluded for Customers represented by natural persons professionals and/or legal persons just as all rights and faculties consequent to a valid exercise of the right of withdrawal are excluded for such categories of customers) according to the following terms and conditions.
8.3 The Consumer Customer shall have a period of 14 (fourteen) days to withdraw from the Distance Contract without having to provide any reasons, without incurring any liability and without incurring any costs other than those provided for in the following clauses and subject to the provisions of Article 9 below of these General Terms and Conditions of Sale ("Exclusion of the Right of Withdrawal").
8.4 The withdrawal period referred to in Clause 8.2 shall end after 14 (fourteen) days from the day of the conclusion of the Distance Contract in accordance with Article 5 above.
8.5 Before the expiry of the withdrawal period, the Consumer Customer shall inform Start Me Hub S.r.l. of its decision to exercise its right to withdraw from the Distance Contract. To this end, the Consumer may submit any other explicit statement of its decision to withdraw from the Distance Contract by transmitting it without any formality to any of the addresses indicated in Article 3.2 of these General Terms and Conditions of Sale. The Consumer has exercised his/her right of withdrawal within the withdrawal period if the notice regarding the exercise of the right of withdrawal is sent by the Consumer before the expiration of the withdrawal period. In such cases Start Me Hub S.r.l. will communicate to the Consumer a confirmation of receipt, on a durable medium (being such also an e-mail account and a declared e-mail address), of the exercised withdrawal. The burden of proof regarding the exercise of the right of withdrawal in accordance with this Article shall be on the Consumer.
8.6 The integrity of the Product to be returned as a result of the exercise of the right of withdrawal is an essential condition for the exercise of that right.
- EXCLUSION OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT
9.1 The Consumer Customer shall not be able to exercise the right of withdrawal provided for in Article 8 above in cases of a Distance Contract concerning Products or Services clearly customized or requested with particular specifications by the Consumer Customer.
- EFFECTS OF THE RIGHT OF WITHDRAWAL FROM THE DISTANCE CONTRACT. OBLIGATIONS OF THE PARTIES
10.1 The exercise of the right of withdrawal - within the terms and in the manner specified - by the Consumer Customer terminates the obligations of the Parties:
- - To execute the Distance Contract, where already concluded; or
- - to conclude the Contract in cases where the withdrawal occurs after the order proposal has been sent by the Consumer and before Start Me Hub S.r.l. has accepted said proposal.
10.2 In the event that the right of withdrawal is exercised - within the terms and in the manner specified - Start Me Hub S.r.l. shall reimburse the Consumer Customer for all payments received by the latter, possibly including delivery charges, without undue delay and in any case within fourteen days from the day on which Start Me Hub S.r.l. is informed of the Consumer's decision to withdraw from the contract. The sums shall be deemed reimbursed within the terms if they are actually returned, shipped or re-credited with a value date not later than the expiration of the term previously indicated.
10.3 Start Me Hub S.r.l. shall refund the amounts to the Consumer using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise. The Consumer shall not incur any costs as a result of the refund.
10.4 Start Me Hub S.r.l. may withhold the refund until it has received the returned Products or until the Consumer has demonstrated that it has returned the Products, whichever occurs first.
10.5 The Consumer shall return the Products or deliver them to Start Me Hub S.r.l. or to a third party authorized by Start Me Hub S.r.l. to receive the Products, without undue delay and in any event within fourteen days from the date on which it communicated its decision to withdraw from the Distance Contract. The deadline is met if the Consumer returns the Products before the expiration of the fourteen-day period. The Consumer bears only the direct cost of returning the Products. The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. In fact, the Products must be returned in an intact state of preservation and with original labels - where present - not removed, in the same condition as received, provided with the original packaging and all accompanying documentation. The packaging of the Products must be accurate, in order to safeguard the original wrappings from damage, affixing of writing or labels.
- LOGIN CREDENTIALS
11.1 The Customer is obliged to guard the access credentials to the online platform communicated by Start Me Hub S.r.l. with the utmost care, confidentiality and diligence committing not to communicate them to others. It undertakes to immediately notify Start Me Hub S.r.l. of any theft, loss or loss, total or partial, of the access credentials or only part of them and in any case their possible unauthorized use by third parties. The Customer will be responsible for any damage caused to Start Me Hub S.r.l. and/or third parties in dependence of the failure to comply with the above.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Start Me Hub S.r.l. remains the sole owner of all intellectual and industrial property rights relating to the Products and Services and whatever else has been prepared, realized, developed as a function of the same (such as, purely by way of example: content, processes, names, brands, trademarks, know-how, inventions, software, videos and images) and are not and will not be transferred or licensed under any circumstances to the Customer.
- APPLICABLE LAW AND JURISDICTION
13.1 The contract has been drafted and will be interpreted in accordance with the laws of the Republic of Italy.
13.2 All disputes relating to the interpretation and/or performance of the Contract and these Terms and Conditions shall be within the exclusive jurisdiction:
- of the Court of Macerata (Italy), in case of purchases made by Customers who do not qualify as Consumers; or
- Of the Customer's place of residence or domicile, in case of purchases made by Consumer Customers.
13.3 The Consumer Customer residing in the European Union 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 European Consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently and subject to the foregoing in this article, the Customer who makes purchases as a consumer may use this platform for the resolution of any dispute arising from the online contract entered into with Start Med Hub S.r.l. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
13.4 If certain provisions of the General Terms and Conditions of Sale are found to be invalid or unenforceable, they shall nevertheless be construed to reflect the common intentions of Start Me Hub S.r.l. and the Customers in accordance with the remaining provisions.
Terms and Conditions
GENERAL CONDITIONS OF SALE EVENTS
These general terms and conditions govern the purchase of admission tickets to events organized by Start Me Hub S.r.l. made through the website www.valerio.it or other sites and platforms traceable to it (hereinafter the "Site")
- ACCESS TITLES AND EVENTS
1.1 In order to access and attend the event venue, the customer must purchase an access ticket through the Site.
1.2 The access ticket may not be transferred for consideration or brokered.
1.3 Start Me Hub S.r.l. has the right to cancel an access title and a purchase order executed, at any time, for technical and/or organizational reasons. In particular, any purchase transaction executed, if the relevant payment has not been processed within the specified terms will be automatically cancelled by Start Me Hub S.r.l. In case of cancellation of an access ticket with executed payment, Start Me Hub S.r.l. will refund the amount. In case the customer has received the ticket, the refund can be made only after the return of the title within the indicated terms.
- PAYMENT INSTRUMENTS
2.1 The payment instruments that can be used by the customer are decided by Start Me Hub S.r.l. Credit card payment is handled through specialized third-party entities. The credit cards supported for payment are: VISA, MASTERCARD, AMERICAN EXPRESS, VISA ELECTRON and POSTEPAY. Credit card transaction authorization is immediate and occurs at the same time as order confirmation; however, the actual transaction may be delayed a few days. Customers' credit card information will in no way be managed or stored by Start Me Hub S.r.l., nor by others outside the banking services indicated.
2.2 In cases where the possibility of payment by bank transfer or on a PostePay or Paypal card is indicated, it will be the responsibility of Start Me Hub S.r.l. to notify the customer, once the transaction request is received, of the IBAN or the number of the card on which to make the payment. This payment must necessarily be made within the time indicated.
2.3 In case the payment through PayPal is also active, it may be proposed automatically or it may be necessary to connect through your account and make the payment to the email box communicated to the customer in the transaction confirmation email that Start Me Hub S.r.l. will send at the end of the online purchase procedure. Such payment must necessarily be made within the terms indicated.
- COMMUNICATION CONFIRMATION OF SUCCESSFUL TRANSACTION
3.1 For each successfully completed transaction, a communication of successful transaction will be sent to the e-mail box communicated by the customer during registration. Each communication contains summary data of the event for which the access titles were purchased, summary data regarding payment and delivery methods, customer summary data, and a unique order code for each transaction, which identifies the transaction. You must keep a copy of the confirmation email. On the other hand, in case you receive an email containing digital access titles, it will contain the qrcodes to be presented directly for access.
- RENUNCIATION OF THE PURCHASED TITLE
4.1 Should the customer decide that he/she wishes to give up the previously purchased access title(s), there is no refund, neither of the price of the access titles nor of any additional fees. In fact, it is not possible to exercise the right of withdrawal under the Consumer Code.
- EVENT POSTPONED OR CANCELLED
5.1 Start Me Hub S.r.l. is in no way responsible for any inconvenience caused by changes in the scheduling of an event. In the event that these occur, the customer who purchased the related access ticket shall not be entitled to have their access ticket replaced or be refunded, unless otherwise provided by Start Me Hub S.r.l.
5.2 In case of cancellation of the event, the customer may request a refund of the purchased access ticket related to that specific event. Start Me Hub S.r.l. will provide for the reimbursement operations in the manner and within the timeframe established by itself or, with the consent of the customer, to exchange the same with other access tickets related to other events.
5.3 In any case Start Me Hub S.r.l. will not replace the access ticket in the event that it is lost, lost, deteriorated, damaged or destroyed nor if the access ticket is stolen or has become even partially illegible.
- LIMITATIONS OF LIABILITY AND RIGHTS OF START ME HUB S.R.L.
6.1 Start Me Hub S.r.l. is not responsible in any way for damages, direct and indirect, of any kind, suffered by the customer in relation to the services offered. Start Me Hub S.r.l. also reserves the right to withdraw, modify, suspend or interrupt any function or service for technical and/or organizational reasons.
7.1 Access tickets may not be used for political, commercial, advertising or other promotional reasons (such as, for example, prizes in competitions) unless prior written authorization is obtained from Start Me Hub S.r.l.
- ORGANIZER'S REGULATIONS
8.1 The sale of the admission ticket is made under the conditions indicated by the organizer of the Start Me Hub S.r.l. event, which can be consulted in the special section of the Site dedicated to the event.
8.2 The general conditions of this section must therefore be understood in the case to be supplemented by those referring to the specific event: acceptance of the general conditions therefore implies express acceptance also of the conditions referring to the event when published on the event page; in case of incompatibility between general and special conditions, the latter shall prevail.
- GENERAL RULES.
9.1 Even in the event that any of the rules set forth in these terms and conditions are found to be inapplicable, the others shall continue to be in full force and effect.
9.2 Start Me Hub S.r.l. reserves the right, whenever it deems it necessary, to amend and/or supplement these general terms and conditions.