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OLIVIEROTOSCANISTUDIO SRL

TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE

This website is owned by the company OLIVIEROTOSCANISTUDIO SRL (tax code – VAT no.: 10594630153), in the person of its pro tempore legal representative Mr. Oliviero Toscani, registered with the Companies’ Register of _______ and is aimed at distance selling and, to the extent compatible and not otherwise exempted, non-distance selling of tickets for cultural events, workshops and cultural entertainment meetings (hereinafter the ‘Products’) via the Internet. The Website is designed, created and managed directly by OLIVIEROTOSCANISTUDIO SRL and allows the Users to view the Products that can be purchased through the Website, to use a delivery service of the same and to pay the amount due to the Company for the purchase of the selected Products.

In this document, OLIVIEROTOSCANISTUDIO SRL will be indicated with the name of toscanicircus.com, which is the distinctive sign under which it carries out the sale activities on the website.

The Company, as part of its fairness and transparency policy, invites each user of the website (hereinafter the ‘user’), before carrying out any transaction through the website itself, to carefully read these general conditions governing the services offered through the website (hereinafter the ‘general conditions’), the ‘assistance’ section, any additional conditions listed in the various sections of the website, the special conditions governing the use of individual services, including any document which is referred to by these or any other note, legal notice, policy or disclaimer published on the website which shall be deemed to be an integral and substantial part of these general conditions. If the user does not intend to accept these general conditions and/or any other note, legal notice, policy or disclaimer published on the website or referred to therein, the user is requested not to use the website or its services.

Some of the events on this website are managed by ASSOCIAZIONE CULTURALE TOSCANICIRCUS

1. Terms and conditions of use of the website

This document defines and governs the general terms and conditions of use of the Website and the Services provided through it to the User by OLIVIEROTOSCANISTUDIO SRL, as identified above. Each User who makes a purchase on the Website is required to print or save an electronic copy of these General Conditions. The use of the Website by each User shall be subject to the terms of these General Conditions, even if the User does not use any of the Services or features available therein.

In these General Terms and Conditions, in addition to the terms defined elsewhere, the terms listed below shall have the meaning ascribed to each of them.

In particular:

Website: means the Internet website that can be reached at the address: toscanicircus.com as well as all the internet addresses (e.g. URLs, domain names and pages) and/or the relevant application software for the use of the Services that the Company controls or manages and which are used to offer or provide the Services as well as all the mirrors, replacements and backups and all the webpages included in the websites.

Company: means OLIVIEROTOSCANISTUDIO SRL, as identified above.

Service(s): means individually or collectively any service and all of its associated functions offered on the Website either free of charge or for a fee and offered directly by the Company or by third parties with the Company’s contribution. Unless otherwise specified, the term Service includes all services, including payment services and functions made available to Users through the Website.

User: means the Visiting or Registered or Occasional User and in general anyone who uses or intends to use or benefit from the Services or the Website.

Visiting User: means the User browsing the Website and/or using the functions and/or Services made available to all Users without registering on the Website or subscribing to any Service.

Registered User: means the User who registers on the Website by providing his/her personal data in order to obtain access to the use of the Service for the supply of the Products.

Occasional User: means the Registered User who activates the Occasional Service under the conditions set out below.

Event: the above term refers to cultural events, workshops and meetings of cultural entertainment to which the holder of the admission ticket (purchased ticket) is entitled to have access.

Products: means the Products sold by the Company through the Website to Users and in particular cultural events, workshops and cultural entertainment meetings.

Ticket Holder: the person who lawfully holds, in accordance with these general terms and conditions, a ticket purchased by the customer.

Admission Ticket: indicates the document, also in digital format issued by OLIVIEROTOSCANISTUDIO SRL, which entitles the holder of the ticket to access the event venue.

2. Scope of application

The offer and sale on the website of admission tickets and services offered by OLIVIEROTOSCANISTUDIO SRL constitute a distance contract governed by Articles 45 et seq. of the Italian Consumer Code and Italian Legislative Decree no. 70 of 2003, regulating e- commerce.

These terms and conditions of sale may be amended at any time and any changes will be in force from the time they are published on the website in the ‘Terms and conditions’ section. Users are therefore invited to access the website regularly and to consult the most up-to-date version of these conditions before making any purchase.

The conditions of sale applicable are those in force from the date of transmission of the order to purchase an admission ticket. Before concluding the contract, the user is required to carefully read all the information provided on the toscanicircus.com website, both before and during the purchase procedure and to examine and approve the following conditions by selecting the appropriate box made available to the user during the purchase procedure and prior to concluding the contract.

These general conditions of sale do not govern the sale of products and/or services by entities other than OLIVIEROTOSCANISTUDIO SRL that are present on the website through banner links or other hypertext links.

Prior to entering into business transactions with such entities, it is necessary to check their conditions of sale.

OLIVIEROTOSCANISTUDIO SRL is not liable for the supply of services and/or the sale of products by these entities. OLIVIEROTOSCANISTUDIO SRL does not control or monitor the websites that can be consulted through these links. OLIVIEROTOSCANISTUDIO is therefore not liable for the contents of such websites nor for any errors and/or omissions and/or breaches of the law committed by them.

3. Website Purchases

The purchase of Admission Tickets on the Website may only take place after registration on the Website in accordance with the procedures set out in these conditions and is permitted both to users who are Consumers and to users who are not Consumers. Natural persons are permitted to purchase tickets only if they are 18 years of age or older.

OLIVIEROTOSCANISTUDIO SRL reserves the right to refuse or cancel orders that come from a user with whom it has an ongoing legal dispute; from a user who has previously breached these general conditions of sale and/or the conditions and/or terms of the Contract; from a user who has been involved in any type of fraud and, in particular, in fraud related to credit card payments; from users who have issued false, invented, fictitious, incomplete or however inaccurate identification data and/or data that in any way does not represent the truth or refers to third parties or persons who have not sent in a timely manner to OLIVIEROTOSCANISTUDIO SRL the documents requested by the same, or who have sent invalid documents; from a user who has breached the prohibitions provided for the registration phase.

4. Website registration – Activation of services

Registration to the website is free of charge. In order to register on the website and create an account, the user must fill in a specific form, enter the personal data requested, as well as an e-mail address and a password, and click on the registration button.

The user is prohibited from entering personal data of third parties, or data that is false, invented or fictitious data or which does not represent the truth in any way whatsoever for the purposes of registration.

Each user may only register once on the website.

The user will therefore be prohibited from creating more accounts on the website referring to the same natural and/or legal person and/or company and/or entity of any kind, even through the use of data representing the truth. In the event that this prohibition is infringed, OLIVIEROTOSCANISTUDIO SRL, reserves the right to close all accounts referring to the same natural and/or legal person and/or company and/or entity. The user also agrees to indemnify and hold OLIVIEROTOSCANISTUDIO SRL harmless from any damages, compensatory obligations and/or penalties arising from or in any way related to the infringement committed by the user of the prohibition referred to in this point.

Registration to the website will enable the user, through his/her own confidential and personal account, to check the status of the most recent orders and to view the list of orders placed; to manage his/her personal data and to modify it at any time; to change his/her password; to manage the subscription to the Newsletter service; to use the specific services that can be activated by OLIVIEROTOSCANISTUDIO SRL.

The registration credentials that enable the user to perform the activities described above, must be carefully stored and can be used only by the user and not by third parties. The user agrees to keep them secret and undertakes to inform OLIVIEROTOSCANISTUDIO SRL in the event that he/she suspects or becomes aware of any misuse or improper disclosure of the same.

The user warrants that the data provided to OLIVIEROTOSCANISTUDIO SRL during the registration process to the website or at any other time and/or occasion during his/her relationship with OLIVIEROTOSCANISTUDIO SRL is complete, true and refers to the user and he/she agrees to indemnify and hold OLIVIEROTOSCANISTUDIO SRL harmless from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the user’s breach of the warranty referred to in this section and/or breach of the rules for the website registration, and/or storage of credentials.

5. Pre-contractual information – information for the conclusion of the contract.

In accordance with the provisions on electronic commerce, toscanicircus.com hereby communicates that, in order to conclude the contract for the purchase of one or more Services on the Website, the User will be asked to fill in an order form in electronic format and to electronically forward it to info@toscanicircus.com, following the instructions which will appear on the Website and which will be displayed during the various purchase stages. The contract shall be deemed to be concluded when toscanicircus.com registers the order form filled in by the User, upon having verified that the data regarding the order is correct and when the User has received confirmation at the e-mail address provided at the time of Registration. The User will be able to identify and correct any errors in data entry before transmitting the order form, following the instructions from time to time shown on the Website and which will be displayed during the different purchase stages. Following the registration of the order, toscanicircus.com, shall be required to send, to the e-mail address indicated by the User, a confirmation notification which will contain a summary of the Service purchased, a detailed indication of the price, the selected payment method, shipping costs and any additional costs and the procedures for exercising the right of return. The order form will be catalogued in the database of toscanicircus.com, in accordance with law for the time necessary for the carrying out of the Order.

Once the order form has been registered, OLIVIEROTOSCANISTUDIO SRL shall send to the Customer, at the e-mail address indicated, the confirmation of the order containing: a summary of the general and special conditions applicable to the contract, the most important information related to the purchased Admission Ticket, the detailed indication of the price, the payment method used, the delivery costs and any additional costs, the delivery date as well as the information relating to the Customer Service contacts to which the user can turn to request assistance and/or make complaints.

The order confirmation e-mail, which contains a link to the general conditions of sale, represents the confirmation of the contract concluded on a durable medium pursuant to Article 51(7) of the Italian Consumer Code; the Customer acknowledges and recognizes that, by sending this e-mail, OLIVIEROTOSCANISTUDIO SRL has fulfilled its obligations to provide documentation and that, therefore, the Customer is bound by the Contract and is, in particular, required to pay the total amount, irrespective of the receipt of the order confirmation e-mail, which is the result of third parties’ actions and/or factors that are outside the sphere of control of OLIVIEROTOSCANISTUDIO SRL (e.g. the user’s e-mail provider).

The order form shall be stored in the database of OLIVIEROTOSCANISTUDIO SRL for the time required for its fulfilment and, in any event, in accordance with the law. The user will be able to access the order form and/or its relevant data, through his/her personal account.

In accordance with Italian Law no. 145 of 20 December 2018, amending Article 1, paragraph 545 et seq. of Italian Law no. 232/206 (the Italian Budget Law 2017), OLIVIEROTOSCANISTUDIO SRL hereby informs the user that, in order to conclude the purchase contract, he/she must verify his/her telephone number using the One Time Password (OTP) validation code that is sent to him/her by SMS. This verification can be performed during registration, or during the processing of the first purchase order.

The available languages for users to conclude the contract are Italian and English. The Customer Service is able to communicate with users in these languages.

6. Availability of services or admission tickets

With regard to the Admission Tickets that can be purchased through the Website, OLIVIEROTOSCANISTUDIO SRL hereby informs the user, and the user acknowledges and recognizes, that in relation to certain types of Event:

a) the package of Admission Tickets that can be purchased through the Website is entirely determined by the Organizer, that will determine the number, price and type of Admission Tickets to be offered for sale on the Website, also establishing whether the number of tickets that can be purchased by users on the Website through their account is unlimited or whether there is a maximum number of tickets that can be purchased per account and, in such a case, specifying such number;

b) additional admission tickets may be provided in view of the subsequent availability of Admission Tickets, which the Organizer will communicate to OLIVIEROTOSCANISTUDIO SRL;

c) the Organizer, at its discretion, may also ask OLIVIEROTOSCANISTUDIO SRL to offer for sale a certain number of Admission Tickets (of the type and at the price indicated by the Organizer) to certain specified types of users;

d) it is not possible to purchase Admission Tickets for which the type, on the webpage accessed by the user once the date of the Event has been selected, is marked as ‘Not available’;

e) the type of Admission Tickets for which, on the webpage accessed by the user once the date of the Event has been selected, is not marked as ‘Not available’ can be added to the shopping cart, but only purchased if their actual availability is verified;

f) multiple users may attempt to purchase the same type of Admission Tickets in respect of the same Event (‘Same Admission Ticket’) at the same time;

g) pressing the ‘Tickets’ button generates a request to the OLIVIEROTOSCANISTUDIO SRL server;

h) all requests to the Server generated and related to the Same Admission Ticket are processed in chronological order, according to the time in which the request was received by the Server;

i) the purchase of the type of Admission Tickets selected by the user may therefore only take place if the required type of Admission Tickets is still available at the time the request is received by the server, taking into account the actions of other users whose request for the Same Admission Ticket arrived at the server prior to the user’s request;

j) the fact that a type of Admission Tickets that was first displayed to the user as ‘Not available’ is subsequently displayed to the user as eligible for inclusion in the shopping cart, depends on the actions of users who have placed the Same Admission Ticket in the shopping cart and have not completed the purchase; in this case, the system will then put the Admission Ticket for which the purchase process has not been completed back on sale, in accordance with the rules outlined above.

7. Information on Admission Tickets

The types of Admission Tickets for each Event and/or for each date of the Event are described on the webpage dedicated to the Event. Where possible, the user will be able to select the seat, within the desired type, in accordance with the procedures outlined on the website. The specific Admission Ticket(s) that the user inserts in the shopping cart and purchases, if any, will therefore be those resulting from the allocation or selection mechanisms illustrated above. All information on the specific Admission Tickets assigned and/or selected is provided to the user immediately following the assignment and/or selection, throughout the purchase process and, in particular, in the order summary and, in the event that the Contract is concluded, in the order confirmation. Prior to concluding the Contract, the user may, at any time, change the seats assigned to him/her or selected by him/her.

As it is not an exclusive distribution network nor the entity in charge of sales decisions relating to a given Event, OLIVIEROTOSCANISTUDIO SRL shall not be responsible for the type of seats offered for sale by the Organizer and therefore cannot ensure that the Admission Tickets that may be purchased through the Website represent, for each type, the very best available at the time of purchase by the Customer or that better seats are not offered for sale by the Organizer at a later date.

8. Price and cost of services, admission tickets

The Price of the Admission Tickets is the Price shown on the Website in respect of each type of Admission Ticket on each Event page. The Price is also displayed on the Admission Ticket. The user can obtain information on the breakdown of the Price by clicking on the appropriate link on the webpage which he/she will access after having selected the date of the Event. The Price of Admission Tickets does not include the Service Fees and any Additional Charges, which are in any event specifically indicated during the course of the purchase process and, particularly, in the order summary that the user views before concluding the Contract (‘Order Summary’), together with the total amount that the user is required to pay in respect of a specific order and which is made up of the Price of Admission Tickets, in addition to the Service Fees, plus any Additional Charges.

The Price of the Admission Tickets, indicated on the Website in relation to each type of Admission Tickets on the webpage for the Event, is the latest price communicated to OLIVIEROTOSCANISTUDIO SRL by the Organizer. The Organizer reserves the right to change the Price of Admission Tickets at any time, it being understood that in the case of purchase through the Website, the price that shall be charged to the user shall be the price indicated on the Website on the page for each Event and in the Order Summary and that no account will be taken of any changes (whether increases or decreases) following the sending of the order. In particular, any lower price that may be applied by the Organizer, subsequent to the Customer's purchase, to the same type of Admission Tickets, or in respect of Events to be held on a particular date, shall not entitle the Customer to be refunded the difference.

On each sale transaction and as remuneration for the Services, OLIVIEROTOSCANISTUDIO SRL shall apply service fees according to the agreements with the Organizers and, in any event, at its discretion (‘Service Fees’). The Service Fees due in relation to each Admission Ticket and/or each order shall be specifically indicated during the purchase process and, in particular, in the Shopping Cart and in the Order Summary, together with the Total Amount. If the Contract is concluded, they shall also be indicated in the order confirmation e-mail.

The following charges may be added to the Price of the Admission Tickets and the Service Fees, according to the choices made by the user: the delivery costs of sending the Admission Tickets to the user's home and/or printing them at home; the costs of gift wrapping; and/or any insurance premium (‘Additional Charges’).The amount of each of the Additional Charges, if applicable, will be specifically indicated to the user in the Shopping Cart and Order Summary, together with the Total Amount. If the Contract is concluded, such amount will also be indicated in the order confirmation e-mail.

The Price, Advance Sale Charges, Service Fees and Additional Charges are expressed in Euros and include VAT.

9. Purchase Orders

The Contract shall be terminated if the Total Amount is not paid. In the event that such payment is not made, the contract shall be deemed to be automatically terminated. The user will be immediately notified of such termination and the consequent cancellation of the order following the transmission of the order via the Website.

Ownership of the Admission Tickets shall be transferred to the user upon conclusion of the Contract. In the case of home delivery and/or collection at the Event Venue, the risk of loss or damage of the Admission Tickets, for reasons not attributable to OLIVIEROTOSCANISTUDIO SRL, will be transferred to the user at the time when the user or a third party designated by the user and other than the carrier, takes physical possession of the Admission Tickets. In order to send an order for an Admission Ticket through the Website, the user must read carefully and approve, by ticking the appropriate box made available to him/her during the purchase process, these general conditions of sale.

10. Methods of payment

The payment of Admission Tickets purchased through the Website can be made by paypal and credit card. OLIVIEROTOSCANISTUDIO SRL reserves the right to apply, for security reasons, limitations and exclusions to the payment instruments used by the Customer for the payment of the Admission Tickets. The payment instruments that are not available in relation to a specific order and/or a specific Admission Ticket, will not be viewable and/or selectable by the user during the purchase process. In the event of termination of the Contract of Sale and in any other case of refund, for any reason whatsoever, the amount of the refund will be credited to the same means of payment used by the Customer for the initial transaction; in the event that this is not possible, the refund will be made by bank transfer. OLIVIEROTOSCANISTUDIO SRL will ask the Customer for the necessary bank details in order to make the refund.

11. Methods of collecting and delivering admission tickets

The user is responsible for verifying the conditions of the Admission Ticket delivered to him/her. It is understood that the risk of loss or damage of the Admission Tickets, for reasons not attributable to OLIVIEROTOSCANISTUDIO SRL, will be transferred to the Customer at the time in which the Customer, or a third party designated by him/her and other than the carrier, comes into physical possession of the Admission Tickets. The Customer is recommended to verify that the Admission Tickets received refer to the Event for which the Customer has purchased them as well as the correctness of the date, category, type of seats and number of the Admission Tickets received. In the event of a discrepancy between the Admission Tickets received and those purchased, the Customer may contact OLIVIEROTOSCANISTUDIO SRL at the addresses indicated in these general conditions. OLIVIEROTOSCANISTUDIO SRL will respond to the request within the time limit specified in Section 13 of these conditions. The Customer is also requested to check that the packaging in which the Admission Tickets are contained is intact, undamaged, nor wet or otherwise altered, and he/she is invited, in his/her interest, to indicate on the transport document of the carrier, any anomaly, if any, accepting the packaging with reservation. Receipt without reservation of the Admission Tickets shall not entitle the Customer to take legal action against the carrier in the event of loss of or damage to the Admission Tickets, except in the event that the loss or damage is due to wilful misconduct or gross negligence on the part of the carrier and except in the case of partial loss or damage cannot be recognized at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging presents obvious signs of tampering or alteration, the Customer is recommended to promptly notify OLIVIEROTOSCANISTUDIO SRL, contacting it at the addresses indicated in these general conditions of sale.

If the user choses delivery by the Print at home method, he/she may print out the purchased Admission Tickets immediately using a standard printer in either black and white or colour. In the event that the user wishes to use this method of delivery, where available, the user must adopt all the technical specifications set out on the Website for the printing of the Admission Tickets. Users are reminded that, in any event, in order to use the ‘Print at home’ delivery method, they must use a PC on which the ‘Adobe Acrobat Reader’ program has been installed and updated to version 7.0.8 or higher and on which any previous versions of the same program have been uninstalled.

The choice of the ‘Print at Home’ delivery method may result in the user being charged a service fee, the amount of which is indicated in the relevant section and in the Order Summary. The Customer who, where available, has chosen ‘Print at Home’ as the delivery method, may proceed to print the Admission Tickets immediately after purchasing them or subsequently, by accessing his/her account with his/her login credentials.

The access control system will authorize the entry of only 1 Admission Ticket equivalent to 1 single bar code. Possible photocopies and/or frauds deriving from an improper use of the same may be prosecuted in accordance with the law and neither OLIVIEROTOSCANISTUDIO SRL nor the Organizer shall be liable thereof. The Organizer will not allow access to any duplicate Admission Tickets under any circumstances.

If the user chooses the e-ticket delivery option, he/she can load the digital ticket onto his/her smartphone without having to print it out.

If the user chooses this method, the user may be charged a service fee, the amount of which is indicated in the relevant section of the Order Summary.

The Customer who, where available, has chosen E-tickets as the delivery method can access the Admission Tickets immediately after purchasing them or subsequently, by accessing his account with his/her login credentials.

The access control system will authorize the entry of only 1 Admission Ticket equivalent to 1 single bar code. Possible copies and/or frauds deriving from an improper use of the same may be prosecuted in accordance with the law and neither OLIVIEROTOSCANISTUDIO SRL nor the Organizer shall be liable thereof. The Organizer will not allow access to duplicate Admission Tickets under any circumstances.

In case it is expressly provided, OLIVIEROTOSCANISTUDIO SRL may make available to the user also the Collection at the Event Venue. In this case, the Customer will be able to collect the Admission Tickets at the Event Venue or at the Designated Location, only on the day of the Event and only starting from at least one hour before the beginning of the Event, unless otherwise indicated to the user during the purchase process, prior to concluding the Contract. If the user chooses to Collect his/her Admission Tickets at the Event Venue, he/she will not be charged any costs. In order to collect the Admission Tickets, the Customer must show the order confirmation e-mail.

12. Right of withdrawal – exclusion. 

OLIVIEROTOSCANISTUDIO SRL informs the customer that, since the contract concerns the provision of services related to leisure that the organization undertakes to provide on a specific date, the contract, pursuant to Article 59(1)(n) of the Italian Consumer Code, does not apply the right of withdrawal provided by Article 52 of the Italian Consumer Code. The customer may not therefore exercise this right in relation to the purchase of the admission tickets.

13. Differences between Admission Tickets received and those purchased

Without prejudice to the provisions of the foregoing, in all cases of discrepancy of the tickets compared to those purchased, the Customer may contact OLIVIEROTOSCANISTUDIO SRL at the addresses indicated in these general conditions of sale. OLIVIEROTOSCANISTUDIO SRL will reply to the request within 15 business days from the receipt of the request and, in any case, in reasonable time to allow the Customer to attend the Event.

14. Admission Tickets and Events

All Admission Ticket Holders must have a valid Admission Ticket to enter the Event Venue. The provisions of these terms and conditions and all other provisions applicable to the Customer as well as the provisions applicable to the Event shall apply to them.

The Admission Ticket constitutes a ticket exclusively for the Event for which it has been issued, on the day and at the time indicated therein. The Organizer has the right to refuse access to the Event Venue due to irregularities in the Admission Ticket and to carry out checks on the person for security reasons. In the event that the Admission Ticket is found to have been stolen, duplicated or obtained in breach of these general terms and conditions of sale and/or the law, the Admission Ticket Holder may not be authorized by the Organizer to enter the Event Venue or may be required to leave it. Issued Admission Tickets cannot be reprinted. Similarly, in the event that the Admission Ticket has been lost, access to the Event Venue shall not be permitted. In any event, OLIVIEROTOSCANISTUDIO SRL shall not replace the Admission Ticket if it is mislaid, lost, deteriorated, damaged or destroyed or if the Admission Ticket has been stolen or is only partially illegible or that it was not perfectly intact when presented by the Customer.

At the request of the Organizer and/or the authorities responsible for the protection of public order and safety, OLIVIEROTOSCANISTUDIO SRL may at any time cancel an Admission Ticket that has already been issued or a purchase order relating to an Admission Ticket that has already been made, for technical and/or organizational reasons other than those referred to in Section 15 of these conditions and, therefore, as part of an Event that is not cancelled. In such case, the Customer shall be entitled to a refund of the Total Amount paid, including the Advance Sale Charges, Service Fees and Additional Charges, but excluding the Home Delivery charge, if the delivery of the Admission Ticket has already taken place at the time of the cancellation of the order and/or the Admission Ticket.

 15. Postponed or cancelled Event

OLIVIEROTOSCANISTUDIO SRL as mere supplier of the Services, as well as an entity that acts in the name and on behalf of the Organizer in relation to the sale of Admission Tickets, shall not, in any event, be responsible for any postponement or cancellation of the Event by the Organizer. Should the Event be postponed or cancelled by the Organizer, OLIVIEROTOSCANISTUDIO SRL shall inform the Customer, in the name and on behalf of the Organizer, of the measures taken by the Organizer in relation to the refund or replacement of the Admission Tickets relating to the postponed or cancelled Event. The Customer is reminded that the Organizer, in case of cancellation of the Event, reserves the right to retain the Advance Sale Charges and that, also in this case, OLIVIEROTOSCANISTUDIO SRL is entirely unrelated to the Organizer’s decisions. Without prejudice to the fact that the Organizer shall be solely responsible for deciding whether or not to refund the Advance Sale Charges, the Customer acknowledges, also for the purposes of awareness of his/her purchasing decision, that any advance sale fees retained by the Organizer shall not exceed 13% of the total price of the Admission Ticket.

Without prejudice to the foregoing, in case of cancellation or postponement of the Event by the Organizer, in no event may the Customer request from OLIVIEROTOSCANISTUDIO SRL the reimbursement of the Service Fees and/or the cost of Home Delivery or Delivery by Print at home or Delivery by E-Ticket and/or the cost of the gift wrapping and/or any insurance premium, if incurred, as these amounts constitute remuneration for the provision by OLIVIEROTOSCANISTUDIO SRL of the Services and are independent from the subsequent provision by the Organizer of the services relating to the Event.

Should the Event be cancelled, OLIVIEROTOSCANISTUDIO SRL shall refund the Customer, in the manner and with the timing decided by the Organizer, only if it has been specifically authorized to perform this refund and to the extent that it has received the necessary funds from the latter.

In particular, where the Organizer authorizes OLIVIEROTOSCANISTUDIO SRL to proceed with the refund, it will provide on its online channels the information regarding the procedure for making the refund request; it will indicate the sole method of submitting the request. In order for the request to be accepted and the refund to be paid, the procedure indicated, which will take the form of submitting the request on a specific online platform, shall be carried out correctly by the consumers within the timeframe established by the Organizer.

In order to provide refunds of Non-electronic Admission Tickets, it should be noted that, in accordance with the applicable domestic tax regulations, it is necessary that the same are returned to OLIVIEROTOSCANISTUDIO SRL by registered mail with return receipt to be sent to the address Piazza Guerrazzi, 8 - 57023, Cecina (LI), or according to another method indicated on the Website provided with reference to the specific Event for which the refund is requested. If the consumer does not comply with this requirement, the refund will not be issued to him/her.

The refund will be made by crediting the credit card or other method of payment used by the Customer during the purchase process, in case of purchase on the Website, or by bank transfer to the current account indicated by the Customer in case of purchase at the Point of Sale. The refund is made net of the Service Fees and/or the cost of Home Delivery or Delivery by Print at Home or Delivery by E-ticket and/or the gift wrapping and/or the insurance premium, if any. This operation will be indicatively shown from the month following the completion of the refund operation. In any case of cancellation and/or postponement of the Event, the Customer may still contact the Organizer to assert all his/her rights.

Admission Tickets for cancelled Events cannot be exchanged for admission tickets for other Events.

16. Limitations of liability

Except in the case of wilful misconduct or gross negligence, OLIVIEROTOSCANISTUDIO SRL shall not be held liable for direct or indirect expenses and damages of any kind suffered by the customer in connection with the sale of the admission tickets.

OLIVIEROTOSCANISTUDIO SRL reserves the right to withdraw, amend, suspend or interrupt any function or service rendered by it in relation to the sale of admission tickets, where this is necessary or appropriate for technical and/or organizational reasons, without prejudice to the fulfilment of any contract already concluded.

The Company declines all liability for information, data and any technical or other inaccuracies that may be contained in the Website.

Any disputes relating to the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours from delivery by writing to the e-mail address: info@toscanicircus.com or via the ‘Contact Us’ section, documenting the dispute also with photographic material.

The Company shall not be liable for any damages resulting from the inability to access the Services due to issues relating to the network, providers or telephone and/or telematic connections over which it has no control, including the failure and/or defective functioning of the User’s electronic equipment.

The Company undertakes no liability for content created or published on third party websites to which the Website has a hypertext link. The User who decides to visit a website linked to the Website does so at his/her own risk, assuming the burden of taking all necessary measures against viruses or other malware.

17. Safeguard clause

In the event that one of the clauses of these General Terms and Conditions of Sale is void for any reason whatsoever, this will not affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.

18. Prohibitions

Admission Tickets may not be resold for a consideration in the context of the professional performance of commercial activities, even if not organized as a business, without the express consent of the Organizer and in any event where the Organizer specifically prohibits the transfer of ownership on the basis of the basis of named registration.

Furthermore, the Admission Tickets cannot constitute the prize of prize events, irrespective of whether or not it falls within the scope of Italian Presidential Decree no. 430/2001 or other prize or promotional initiatives (such as, for example, competitions or lotteries), except in the case of prior written authorization issued by the Organizer or OLIVIEROTOSCANISTUDIO SRL, if it is authorized by the Organizer. The Customer warrants that he/she will not use the Admission Tickets in breach of this provision and undertakes to hold OLIVIEROTOSCANISTUDIO SRL harmless and indemnified from any damages that may arise from the breach of such warranty.

19. Assistance and Complaints

It is possible to request information, send communications or forward complaints by contacting the customer service of OLIVIEROTOSCANISTUDIO SRL, through the website, by accessing the appropriate section, or at the addresses indicated.

OLIVIEROTOSCANISTUDIO SRL will respond to complaints by e-mail and/or telephone, within the period specified in Section 13 of these conditions.

20. Disputes – Governing law

The contracts concluded between the users of the Website and toscanicircus.com shall be governed by Italian law. Users who are not normally resident in Italy are subject to the application of any more favorable and binding provisions of the law of the country in which they are normally resident.

It should be noted that if the user is a consumer, any dispute relating to the application, execution and interpretation of these general conditions of sale or of the contract shall be settled by the court of the place where the user resides or has elected address for service.

Users who qualify as a consumer in accordance with Article 3(1)(a) of the Italian Consumer Code, is informed that if he/she has made a complaint to the website toscanicircus.com, following which it has not been possible to find a settlement solution, the website toscanicircus.com will provide information regarding the Alternative Dispute Resolution bodies for the out-of-court dispute settlement relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale.

Users who qualify as consumers under Article 3(1)(a) of the Italian Consumer Code are also informed that a European platform for the online settlement of consumer disputes has been set up and can be consulted at http://ec.europa.eu/consumers/odr.  

Lastly, OLIVIEROTOSCANISTUDIO SRL informs the user that if he/she has filed a complaint but has not been satisfied with its outcome or has not received a reply within the terms provided by these conditions of sale, or within 30 days, he/she may initiate the joint conciliation procedure established by the appropriate Consumer Associations to which OLIVIEROTOSCANI adheres.

This is without prejudice, in any event, to the consumer’s right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary courts.

Users residing in an EU member state other than Italy may, in addition, have access to the European Small Claims Procedure established by Council Regulation (EC) No 861/2007 of 11 July 2007 for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale.

For further information on these instruments, the Customer may still contact the Company on the ‘contacts’ page.

21. Provisions relating to the Covid-19 epidemiological emergency period.

During the Covid-19 epidemiological emergency, OLIVIEROTOSCANISTUDIO SRL, adjusts its purchasing processes, access to the places of events and reimbursement, which therefore may be subject to limitations and restrictions, following both the ever-changing pro tempore legislation adopted by the Government to deal with it and the decisions taken by the organizers on the basis of the same. OLIVIEROTOSCANISTUDIO SRL will inform consumers of these continuous adjustments through information published on the website in the appropriate sections, as well as on the sales page of the individual event which is from time to time affected.

In the event that a scheduled event is not held due to the regulations adopted by the Government to deal with the Covid-19 epidemic, the event organizer may choose, depending on the case, whether to refund the admission tickets purchased for the event not held by means of vouchers, automatically providing for the refund operations or through the sales channels provided.