Cesare Charter Portofino snc - VAT number 02251840993, with registered office in Molo Umberto I - Portofino (GE) 16034 - Italy, telephone number +39 342 14 15 161, email address prenotazioni@cesarecharterportofino.it , (hereinafter the “Owner”) makes available to all visitors (hereinafter the “User” or the “Users”) the possibility of accessing and using the website cesarecharterportofino.it (hereinafter the “Application”) which is its exclusive property, and which offers work spaces in shared environments (hereinafter the “Services” or individually the “Service”).
Please read these terms and conditions (hereinafter the “Terms”) regarding the relationship between the User and the Owner (hereinafter together described as the “Parties”) carefully before using the Application. By using the Application, the User accepts the Conditions and undertakes to comply with them. Otherwise, the User may not use the Application.
The Owner may modify or simply update, in whole or in part, the Conditions. The modifications and updates will be binding as soon as they are published on the Application. The User is therefore invited to view the Conditions each time he or she accesses the Application and it is recommended to print a copy for future reference.
In order to use some 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 (www.cesarecharterportofino.it/privacy-policy) and these Conditions. The User is responsible for safeguarding his/her access credentials.
It is understood that in no case may the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.
Registered Users may stop using the services at any time, deactivate their accounts or request their cancellation through the Application interface, if possible, or by contacting the Owner directly at the email address prenotazioni@cesarecharterportofino.it .
The Owner, in the event of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.
The purchase of one or more Products through the Application is permitted both to Users who are consumers and to users who are not consumers. Pursuant to art. 3, paragraph 1, letter a) of Legislative Decree 206/2005 (“Consumer Code”), we remind you that consumers are natural persons who, in relation to the purchase of the Products, act for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out. The purchase is permitted to natural persons only on condition that they are at least eighteen years of age. The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Application and the actual Product may arise. Furthermore, any photographs of the Products present on the Application do not constitute a contractual element, as they are merely representative. The Products, prices and conditions of sale of the Products, within the limits of their availability, do not constitute an offer to the public; therefore, they must always be considered indicative and subject to express confirmation via email or by viewing the order confirmation page by the Owner, after checking the availability of the chosen Product.
The User expressly grants the Owner the right to accept even only partially the order placed (for example in the case in which not all the Products ordered are available). In this case the contract will be considered perfected in relation to the Products actually sold. The Owner reserves the right to modify, at any time, the price of the Products. It is understood that any modifications will not in any case affect contracts already concluded before the modification.
The selling prices of the Products are gross; any other possible tax to be paid by the User will be indicated before the confirmation of the purchase.
Payment for the Products can be made using the methods indicated on the Application at the time of purchase and described in the next point of these terms.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the cardholder, password, etc.). If such third-party tools deny payment authorization, the Owner will not be able to provide the Products and will not be responsible for any delay or failure to deliver.
All payments made on the Application use the PayPal platform as an intermediary and guarantor for the transition from the User to the Owner and no personal data related to the User's payment methods (card numbers and expirations, passwords) is acquired and saved by the Application within its spaces. The payment transition through PayPal gives rise to some specific codes that the Application receives at the end and saves in its spaces with reference to the purchases made, in order to be able to carry out protection and verification operations on the relationship between the Parties at times following the purchase.
The Contract stipulated through the Application is considered concluded when the User receives, via e-mail and/or by viewing a page of the Application, the formal confirmation of the order through which the Owner accepts the order sent by the User and informs him that he can proceed with the fulfillment of the same. The Contract is concluded in the place where the registered office of the Owner is located.
The Owner reserves the right to refuse an order:
At the time of payment at our office, a regular receipt will be issued as proof of the purchase and the payment made.
The commercial invoice, if requested by the User, will be sent by the Owner. The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner with every broader indemnity in this regard.
The User who for any reason is not satisfied with the purchase of digital Products (not supplied on a material medium) or services may withdraw from the contract at any time by accessing the personal page useful for managing their reservation with the details and credentials received at the time of request, or by sending a telephone communication to the number +39 342 14 15 161, or by email to prenotazioni@cesarecharterportofino.it acknowledging and accepting the following refund conditions:
- 100% refund for operations and communications carried out more than 48 hours after the date and time of use of the booked, confirmed and paid service;
- 50% refund for operations and communications carried out between 48 hours and 24 hours from the date and time of use of the booked, confirmed and paid service;
- no refund for operations and communications carried out within 24 hours of the date and time of use of the booked, confirmed and paid service;
The contents and/or materials available on the Application are made available under the terms of this license “Creative Commons Public Licence CC BY-NC 3.0 IT” (“License”). The contents and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the contents and/or materials available on the Application that is not authorized under this License and/or other applicable laws is prohibited.
The Owner grants the User the rights listed below provided that the User agrees to comply with the terms and conditions of this License.
The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, transform the contents and/or materials available on the Application with any means and format, but not for commercial purposes, provided that the authorship is acknowledged and the User provides a link to the license and indicates if any changes have been made. The full license can be consulted at this address: https://creativecommons.org/licenses/by-nc/3.0/it/legalcode
The Application is provided on an “as is” and “as available” basis and the Owner does not provide any express or implied warranty in relation to the Application, nor does it provide any warranty that the Application will be able to meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any 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 entirely beyond the will of the Owner or due to force majeure.
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend itself in court, which may arise in response to damages caused to other Users or third parties, in relation to the Content uploaded, to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
In no event shall the limit of liability of the Owner be greater than double the cost paid by the user for the service used.
The Application may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third-party sites that provide services through the Application. In these cases, the general conditions for use of the site and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
The Owner shall not be held liable for failure or delay in fulfilling its obligations hereunder, due to circumstances beyond the reasonable and foreseeable control of the Owner. The fulfillment of the obligations by the Owner under these Conditions shall be deemed suspended for the period in which the Force Majeure Events occur. The Owner shall take any action within its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of Force Majeure Events.
Specifically, in the event of failure to perform the service for reasons such as:
- sea force 3 and above;
- wave greater than 0.8 meters
- rain
Solutions such as:
- 100% refund of the payment made for the reservation sent, confirmed and paid;
- the possibility of agreeing to perform the service on a new later date
No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
If any provision of these Terms is found to be illegal or invalid, it will be deemed not to be part of the General Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
The Owner reserves the right to modify, at any time, these Conditions by giving specific notice on the Application. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions.
These Conditions, without exception, including those that follow, apply exclusively to the Products sold online and to the services used only online. For all other relationships with Cesare Charter Portofino snc, please refer to the contracts stipulated directly with the "Customer"
The protection and processing of personal data will be in accordance with the Privacy Policy, which can be consulted on the dedicated page
These Conditions and all disputes regarding the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the user-consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in arts. 18, 19 and 20 of the civil procedure code.
The consumer resident in Europe must be aware of the fact 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 in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, the European consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
