General conditions of sale

Preamble

This information notice is provided for the sites https://www.fieradeltartufo.org and https://www.vinumalba.com (both referred to hereinafter as “Website“).

On the Website, tickets for the International Alba White Truffle Fair and the National Vinum Fair (“Products“) are available for sale.

The Products are offered for sale on the Website by Ente Fiera di Alba, with registered office in Alba (CN), Piazza Medford no. 3 (12051) and registered in the “Registro delle Imprese di Cuneo”, with VAT no. 02945590046 (“Website Owner” and “Seller“). For the purposes of selling the Products, the Seller makes use of the services and software platform made available by the company TicketOne spa, with registered office in Milan, Via Fabio Filzi 24.

Article 1. Scope of application

1.1 Any sale on the Website shall constitute a distance contract governed by Chapter I°, Title III° (Art. 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code“) and by Legislative Decree No. 70 of 9 April 2003, regulating the rules on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Website. You are therefore invited to access the Website regularly and to check the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.5 The present General Terms and Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may appear on the Website, also through links, banners or other hypertext links. Before entering into commercial transactions with such parties, it is necessary to check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller has no control and/or monitoring over the websites that can be accessed via such links. The Seller is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law on their part.

1.6 You should carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Website.

1.7 Sending the purchase order shall constitute acceptance of these General Terms and Conditions of Sale.

Art. 2. Purchase of entrance tickets on the Website

2.1 The purchase of entrance tickets on the Site:

  • shall take place after your registration on the Website
  • it is allowed both to users acting as consumers and to users acting as professionalsi. Pursuant to Article 3(1)(a) of the Consumer Code, it is hereby recalled that any individual acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer; whereas pursuant to Article 3(I)(c) of the Consumer Code, any individual or legal entity acting in the exercise of their trade, business, craft or profession, or an intermediary thereof, is a professional.

2.2 The Seller is entitled to set a maximum limit on the number of entrance tickets that can be purchased per person on the Website.

2.3 Entrance tickets that can be purchased on the Website cannot be duplicated and are valid only for the date and time specified thereon.

2.4 In order to ensure the validity of reduced-price tickets, it is necessary to show an identity document or any other document proving entintlement to the reduced price. In the event that, on entering the event, the holder of the reduced-price ticket is not in possession of such a document, he/she will be asked to pay the full price, adding the remaining unpaid amount. Therefore, purchasers of reduced-price tickets are requested to show an identity document or other proof of entitlement to the reduced price when entering the event.

2.5 In the event of purchases, regardless of who and where they come from, that appear to be anomalous in relation to the quantity and/or frequency of the purchases, the Seller and/or Website Owner reserves the right to take all necessary action to stop such irregularities.

2.6 The Seller reserves the right to refuse or cancel tickets that come from:

  • a user with whom the Website Seller has an ongoing legal dispute;
  • a user who has previously breached the General Terms and Conditions of Sale;
  • a user who has been involved in criminal offences;
  • a user who has provided false, incomplete or otherwise inaccurate identification data or who has failed to send back on time to the Seller the necessary documents or who has sent invalid documents.

2.7 Under no circumstances people who intend to buy Products for the purpose of subsequent resale may not make purchases on the Website. It is therefore prohibited for such persons to register on the Website and make purchases on it.

Art. 3. Website registration

3.1 In order to register on the Website, you have to fill in the specific form, entering the following data:

  • Name
  • Surname
  • address
  • birthdate
  • phone number
  • email
  • password

3.2 You hereby agree to inform the Website Owner immediately if you suspect or become aware of any misuse or improper disclosure of your Website access credentials.

3.3 The user registered on the Website guarantees that the personal information provided by them is complete and truthful and agrees to hold the Seller harmless and indemnified against any damage, indemnity obligation and/or sanction arising from and/or in any way related to the user’s violation of the rules on Website registration or on the storage of registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Website Owner’s right to proceed to disable the user’s account.

Art. 4. Information concerning the contract conclusion

4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 setting forth provisions on electronic commerce, the Seller hereby informs you that:

  • to finalise the purchase of entrance tickets on the Website, you will have to fill in an order form in electronic format and submit it electronically to the Website Owner, following the instructions that will appear on the Website from time to time
  • the contract is finalised when the order form reaches the Website Owner’s server
  • once the order form has been received, the Website Owner will send you an e-mail to your address confirming the purchase of admission tickets that shall include:
    • the Seller’s data;
    • information related to the purchase details;
    • an indication of the price and any taxes;
    • right of withdrawal or exclusion thereof;
    • means of payment used.

Art. 5. Product Description

5.1 The description of the Products provided by the Website is for illustrative purposes and must therefore be understood as approximate.

5.2 The Products sold are those described on the pages of the websites www.fieradeltartufo.org and www.vinumalba.com. The data indicated therein may be subject to change and updating from time to time, also for the purpose of further improving the customer service. Images and descriptions of events on the website may vary and are therefore to be considered purely illustrative and not binding.

Art. 6. Prices

6.1 All prices of the Products published on the Website are inclusive of Value Added Tax.

6.2 Any commissions and/or pre-sale fees shall be clearly specified during the purchase process on the Website and on the entrance ticket.

6.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, while it is understood that the price charged to you will be the price shown on the Website at the time your order was placed and that any subsequent price changes (whether up or down) after the order has been placed will not be taken into account.

Art. 7. Payment methods

7.1 The Website Owner accepts the following circuits:

• VISA
The charge will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued a debit authorisation.

In accordance with Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are hereby informed that you may be required to complete the purchase process by successfully satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the identity of the user (in order to meet this criterion, the user must be registered on the Website at the time of the purchase transaction) and the contextual knowledge of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Website.

The confidential payment card data (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Website Owner. The Website Owner therefore never has access to and does not store, even if you choose to store such data on the Website, the data of your payment card used to pay for the Products.

Art. 8 Right to withdrawal

8.1 In the event of a purchase on the Website, unless otherwise indicated, you are not entitled to the right to withdrawal as provided for by Article 52 of the Consumer Code with reference to the Products chosen. This is because the Website provides services relating to leisure activities, with a specific date or period of performance. Therefore, under no circumstances is a refund provided by the Seller in the event that the consumer waives the right to use the entrance tickets purchased on the Website to access the event.

Art. 9. Legal Guarantee

All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (“Legal Guarantee“).

To whom it applies

The Legal Guarantee is addressed to consumers only. Therefore, it applies only to users who have made a purchase on the Website for purposes other than any entrepreneurial, commercial, handicraft or professional activity carried out.

When it applies

The Seller shall be liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of such delivery. The lack of conformity must be reported to the Seller.

Unless proven otherwise, it shall be presumed that the lack of conformity that becomes apparent within one year after delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Whereas, after the thirteenth month following the Product delivery, it shall be totally up to the consumer to prove that the lack of conformity already existed at the time of delivery of the Product.

In order to benefit from the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate for the consumer, for the purposes of such proof, to keep the purchase invoice or any other document that can prove the date on which the purchase was made (e.g. payment card statement) and the delivery date.

In the event of termination of the contract, the Seller shall return to the consumer the total amount paid, which includes the purchase price of the Product, the shipping costs and any other additional costs. In the event of a price reduction, the Seller shall refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller shall not be liable in the event of any damage, of whatever nature, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer’s instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.

Art. 10. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Contracts finalised through the Website are governed by Italian law. This is without prejudice to the application to consumer users who do not have their regular residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their regular residence.

10.2 We would like to remind you that in the case of consumer users, the Court of the place where the user resides or has elected domicile shall be competent for any dispute related to the application, execution and interpretation of this document. In the case of professional users, the Court of Cuneo shall have jurisdiction over any dispute relating to the application, execution and interpretation of this document.

10.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who qualifies as a consumer pursuant to Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that they have filed a complaint directly against the Seller, as a result of which it has nevertheless not been possible to resolve the ensuing dispute, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes related to obligations arising from a contract made in accordance with these General Sales Terms and Conditions (ADR bodies, as set forth in Art. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.

10.4 The Seller also informs the user who has the status of consumer as defined in article 3, paragraph 1, letter a) of the Consumer Code that a European platform for online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be viewed at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can check the list of ADR bodies, find the website link of each of them and start an on-line dispute resolution procedure for the dispute in which they are involved.

10.5 In any event, the consumer’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law shall remain unaffected, irrespective of the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.

10.6 A user residing in a member state of the European Union other than Italy may, furthermore, have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, EUR 5,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.

Art. 11. Access to the event areas

11.1 In order to ensure proper entrance procedures and to avoid delays in the running of events and shows, users are required to be at the entrance gate of the event 15 minutes before starting time. For the “Palio degli Asini” (Donkey Palio) and “Rievocazione Storica” (Historical Re-enactment events), the gates open two hours before the start of the show. Access to the events is granted within 15 minutes before the beginning, after which empty seats may be reallocated.

11.2 Spectators who, during the “Palio degli Asini” and “Rievocazione Storica” events, are found to occupy a seat other than the one shown on their entry ticket may be expelled from the event area.

11.3 Before you access the entry gates to the “Palio degli Asini” and “Rievocazione Storica” events, we inform you that you will have to undergo security checks by security service staff by means of walk-through and/or hand-held metal detectors or brief visual checks (art. 5 lett. C of Ministerial Decree 06/10/2009) carried out at the pre-filtering gates. The security staff is also authorised to request inspections and not to allow entry with any prohibited objects into the event area.

11.4 The Seller may refuse entry to the event to those who:

  • are clearly in an altered state (it is forbidden to enter and remain in a state of intoxication or under the influence of drugs)
  • engage in aggressive behaviour
  • do not allow their bags and backpacks to be checked upon request by the security staff.

11.5 It is prohibited to bring into the event area:

  • weapons, explosive material, pyrotechnic devices, smoke bombs, signal flares, stones, knives or other sharp or cutting objects;
  • bicycles, skateboards, rollerblades and hoverboards;
  • remote-controlled drones and aeroplanes;
  • drugs, poisons, harmful items and flammable material;
  • plastic bottles whose size is bigger than 0.5 litre and any other glass or plastic bottles, flasks, containers or objects, and any other blunt objects that may cause harm to oneself or others (e.g. motorbike helmets, coolant bottles and glass perfume bottles).

11.6 Inside the event area, it is also forbidden to

  • damage or tamper, in any way whatsoever, with any structures, infrastructures and services;
  • climbing on balustrades, railings, partitions and other structures not meant for public use;
  • display signs, banners, flags, documents, drawings, printed material and banners showing propaganda to political, ideological or religious doctrines, allegations or concepts encouraging racial, ethnic or religious hatred, and which may disrupt the smooth running of the show or the visibility of other spectators;
  • leave objects or materials unattended and which may obstruct escape routes or cause alarms;
  • engage in any aggressive acts.

Art. 12. Customer service and complaints

You can ask for information, send communications, request assistance or file complaints by contacting the Seller via e-mail, at the following address: info@fieradeltartufo.org / info@vinumalba.com.

The Seller shall respond to complaints submitted within 2 days of their receipt.