General sales conditions
1. GENERAL PROVISIONS
These General Sales Conditions rules the purchase contract between “BergamoXP di Davide Lumassi”, hereinafter referred to as “BergamoXP”, and the customer for what concern the purchasing of the products and services published on the website at the URL: https://www.bergamoxp.com.
BergamoXP data are:
Company: BergamoXP by Davide Lumassi
Registered office: Via Canero 14, Ponteranica, Bergamo
VAT number: IT 04343360162
Registered at REA: BG – 466159
The navigation on the website and the transmission of a purchase order imply the acceptance of the following conditions.
Before accessing the products and services offered by the site, the user is required to read these general sales conditions, which are generally and unequivocally accepted at the moment of purchase.
BergamoXP considers itself authorized to modify or integrate these general conditions of sale at any time, also in consideration of any regulatory changes, without having to give prior notice. These changes will be binding for customers only from the moment they are published on the website https://www.bergamoxp.com, and will not have retroactive effect.
2. PURCHASE ORDER
The order will be considered concluded only with the receipt by BergamoXP of the expected payment.
BergamoXP will not be able to process orders for services that were no longer available at the time of the order. In this case, the order itself will not be processed and the reasons will be communicated by e-mail. In this case, the purchase contract will not be concluded so BergamoXP will refund the customer the amounts that have come into its possession in reference to the purchase contract not completed.
No Customer right is recognized to request for compensation for damages as well as to any liability for direct or indirect damages to persons or things caused by the non-acceptance of an order, even partial.
3. TECHNICAL DATA
BergamoXP, before the planned activity, will communicate by email to the customer:
- Time and meeting place.
- Any equipment provided.
- What is recommended to take with you.
- Approximate duration of the activity.
4. PRICES AND PAYMENT METHOD
All fee indicated are expressed in Euros. Prices include VAT.
The age are always to be understood in years not completed.
Payment can be made in the following ways:
- Credit Card (via Stripe Gateway).
- Bank transfer in advance.
5. CANCELLATION CHARGES
The customer has the right to withdraw from the purchase of the business. However, the customer who withdraws from the contract before the scheduled activity, for any reason, will be charged a penalty as follows:
- If done at least 7 days before the start of the booked activity, there is no cancellation fee.
- If carried out between 3 and 6 days before the start of the booked activity, there is a cancellation fee equal to 50% of the amount paid.
- If done up to 2 days before the start of the booked activity, there is a cancellation fee equal to 100% of the amount paid.
The communication of the withdrawal must take place through the channels specified in point 8 of this general condition of sale. If no notice of withdrawal is made, a penalty equal to 100% of the amount paid will be always charged.
6. OBLIGATIONS OF THE CUSTOMER
Those who participate in the activities organized by BergamoXP, declare under their own responsibility or that of the assisted minor:
- To be physically and mentally able and disease-free, suitable for the outdoor experience in general. To be in good health and that I have no physical and / or psychological impediment to sports. Not to suffer from heart disease of any kind, arterial hypertension, syncope or fainting of any kind, deficit of the bone, musculotendinous and / o articulating such as to reduce physical efficiency and self-rescue. Not to suffer from respiratory diseases such as asthma, and / or emphysema, central and / or peripheral neurological diseases (paralysis, paresis, epilepsy) psychosis and / or important neurosis. Not to be pregnant and not under the influence of drugs, medicine and / or alcohol. I therefore take responsibility for having made the necessary medical checks.
- To observe the common rules of good behavior and prudence and all the indications provided by the person in charge. Otherwise, I may be called to answer for all damages caused by non-compliance with these rules, both towards BergamoXP staff, other participants, and any third parties;
- To exonerate, therefore, BergamoXP and its technicians (guides, masters, instructors, companions) from any liability and compensation, except in the case of willful misconduct or gross negligence demonstrated and evident, for physical and material damage which occurred before, during and after the activity, even if caused by unrelated third parties or other participants;
- Any responsibility of the accompanying persons in case of damage deriving from unsuitable physical conditions is strictly excluded;
7. ESCLUSION FROM THE ACTIVITIES
BergamoXP staff has the right to exclude from the scheduled activity those who:
- Do not have the necessary equipment required for the activity.
- Shows a precarious state of health and a physical preparation not suitable for the type of activity.
- Do not comply with the instructions given.
- Endanger their own safety or that of others by making reckless and irresponsible actions.
- Decide to leave the group voluntarily, in the presence of witnesses.
The exclusion from the activity relieves BergamoXP and its staff from any responsibility towards the participant in question. If the participant is a minor, the parent or whoever takes his place, will also be excluded.
The participant who voluntarily decides to abandon the excursion will not be entitled to a refund of the participation fee.
9. COLLECTION, PROCESSING AND PROTECTION OF PERSONAL DATA
10. JURISDICTION AND DISPUTE RESOLUTION
The Italian law governs this general condition of sale and the contract for the purchase and sale of services. In particular, following laws are valid and applicable: art. 1341 and following, art. 1469 bis, as well as art. 1470 and ss. of the Civil Code and the Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I.
For any dispute related to the online sales contract or to these General Conditions that may arise between BergamoXP and the Customer, the Court of Bergamo is competent;