Welcome to shop.augustushotelresort.com. On this page (and in the documents referred to), you will find the terms and conditions of the service (“General Conditions”) that apply when you order the products (the “Products”) from our website https://shop.augustushotelresort.com (“App”).
We ask you to carefully read these General Conditions before ordering any Article from our App. If you have any questions about these General Conditions, contact shop.augustushotelresort.com at the e-mail address info@augustus-hotel.it before placing an order. If you are a consumer, please note that you have some special rights when ordering products using our App.
For all applicable rights, please refer to Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”).
Your rights are in no way affected by these General Terms and Conditions, which apply in addition to your statutory rights and do not replace them. You confirm acceptance of these General Conditions when you create an account on shop.augustushotelresort.com.
General Information
Shop.augustushotelresort.com (hereinafter, “Seller”) is operated by:
S.E.A.R. srl
Viale Morin 169
55042 Forte dei Marmi
C.F./P.Iva 00213270465
e-mail: info@augustus-hotel.it.
WHEREAS
– the site is intended for commercial transactions between entrepreneurs and consumers (B2C);
– that the expression “General Online Sales Conditions” means the contract of sale of the Seller’s consumer goods concluded between the Seller and the Buyer within the framework of a remote sales system organised by the Seller;
– that the trademark and logo relating to the website are the exclusive property of the Seller;
– these sales conditions govern the online sale between S.E.A.R. srl and the Buyer;
– this introduction is an integral and substantial part of the contract;
The parties agree to the following:
1. Purpose of the contract
1.1. These general terms and conditions, which are made available to the Buyer for reproduction and storage in accordance with Article 12 of Legislative Decree 70 of 9 April 2003, relate to the purchase of products, carried out remotely and by means of an electronic network, through the website belonging to the Seller, with registered office in Viale Morin 169 55042 Forte dei Marmi – Tax code/VAT number 00213270465, e-mail: info@augustus-hotel.it. Tel: +39 0584 787200
1.2. Hereby, respectively, the Seller sells and the Buyer remotely purchases the products indicated and offered for sale on the Seller’s Website.
1.3. The main features of the products referred to in the preceding paragraph are explained on the Seller’s Website.
1.4. The Seller undertakes to supply the selected products – within the limits of their availability – against payment of a fee as set out in Article 3 of this contract.
2. Acceptance of the sales conditions
2.1. All purchase orders shall be forwarded by the Buyer to the Seller through the completion of the indicated purchase procedure.
2.2. The Buyer must examine these general sales conditions online before completing the purchase procedure. Therefore, the Buyer’s submission of the purchase order implies full knowledge of these conditions and their full acceptance.
2.3. By submitting the purchase order confirmation electronically, the Buyer unconditionally accepts and undertakes to observe the general conditions and payment terms described below in dealings with the Seller, declaring that he/she has read and accepted all the information provided by him/her in accordance with the aforementioned rules, also acknowledging that the Seller is not bound to other conditions, unless previously agreed in writing.
2.4. The sale conditions must be expressly accepted by filling in all the sections of the electronic form, following the instructions on the screen and, finally, by checking the boxes marked ACCEPTANCE OF SALE CONDITIONS and PRIVACY POLICY, thereby fully accepting the contents of these documents.
3. Purchasing methods and prices
3.1. The product sale prices on the Website are expressed in Euro and are subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
3.2. The product prices published on the homepage or in the various sections of the Website include VAT. Shipping prices will be calculated and will be visible when the order is placed. The total cost of shipment to the Buyer’s domicile is at the Buyer’s expense, except for exceptions and derogations that will be specifically advertised on the website and/or communicated by e-mail. In any case, the Purchaser is informed of the cost before the purchase order is confirmed.
3.3 The receipt of the order does not bind the Seller until the Seller has expressly accepted the order by e-mail. The Seller shall confirm and formally accept the order received by e-mail containing a summary of the order details, after checking the availability of the chosen product.
3.4. The Buyer expressly grants the Seller the right to accept even only part of the order placed (e.g. if not all the products ordered are available). In this case, the contract shall be deemed to have been concluded for the products actually sold.
4. Conclusion of the contract
4.1. The Contract concluded through the Website is understood to be finalised when the Buyer receives, by e-mail, formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs the latter that it can proceed with its execution. The Contract is concluded at the place of the Seller’s registered office.poter procedere all’evasione dello stesso. Il Contratto si conclude nel luogo in cui è situata la sede legale del Venditore.
5. Payment method
5.1 The Buyer may only pay by one of the methods indicated:
a) NEXI online payment;
6. Delivery method
6.1. The Seller will deliver the selected and ordered products to the Buyer at the address indicated by the latter, in accordance with the procedures specified in the previous Articles, using trusted couriers and/or forwarding agents. Depending on the product selected, deliveries will be made within the terms indicated on the Seller’s website and in the confirmation e-mail sent to the Buyer. If the Seller is not able to deliver within the terms indicated therein, the Buyer will be notified promptly by e-mail. In any case, the products ordered will be sent once payment. The delivery period begins at this point.
6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary information to contact the carrier or forwarding agent to arrange delivery.
6.3. The Seller shall not be liable for delay or non-delivery due to incorrect or incomplete communication of the address by the Buyer.
6.4. Upon receipt of the goods, the Buyer must verify the conformity of the product delivered with the order placed; the delivery documents must only be signed after this verification, except of course for the right of withdrawal provided for in Article 10 of these conditions.
7. Liability restrictions
7.1. The Seller will not be liable for any delay or non-delivery of the products due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that fully or partially prevent the execution of the contract within the agreed time.
7.2. The Seller shall not be liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet that are beyond the Seller’s control.
7.3. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract for the above reasons, the Buyer being entitled only to a refund of any price paid.
7.4. The Seller will not be held liable for any fraudulent or illegal use that third parties may make of credit cards, cheques and other means of payment, when paying for the purchased products, if the Seller proves that it has taken all possible precautions based on the best available knowledge and experience and according to ordinary diligence.
8. Cancellation
shop.augustushotelresort.com may inform you that an order has been cancelled at any time. You will not be charged for any order cancelled by us and we will refund any payment already made using the same method as was used to pay for your order.
9. The Buyer’s obligations
9.1. The Buyer undertakes to pay the price of the product purchased in the time and manner indicated in these General Conditions.
9.2. Once the purchase procedure has been completed, the Purchaser undertakes and is obliged to print and keep these general terms and conditions – which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase procedure – as well as the specifications of the product purchased, in order to fully comply with the conditions of Legislative Decree 206 of 6 September 2005.
9.3. It is strictly forbidden for the Purchaser to enter false and/or invented and/or fictitious data during the registration procedure using the electronic form; personal data and e-mail address must correspond to the Purchaser’s real personal data and not those of third parties or fictitious data. Therefore, the Purchaser assumes full liability for the accuracy and truthfulness of the data entered in the electronic registration form, for the purpose of completing the product purchase procedure.
9.4. The Buyer indemnifies the Seller against any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for their correct entry.
10. Right of withdrawal pursuant to Legislative Decree 206/2005
10.1. The right of withdrawal is recognised only for products covered by Legislative Decree 206 of 6 September 2005
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within a period of 14 (fourteen) days, starting from the day of receipt of the product purchased.
10.3. If the Buyer decides to make use of the right of withdrawal, he/she must notify the Seller, using the standard withdrawal form set out in Annex I Part B of Legislative Decree 21/2014, or by submitting any other explicit statement of his/her decision to withdraw from the contract. The Buyer shall bear the burden of proof relating to the exercise of the right of withdrawal in accordance with this Article.
10.4. The products must be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer informed the Seller of his/her decision to withdraw from the contract. In any case, to be entitled to a full refund of the price paid, the products must be returned intact and, in any case, in a state of preservation sufficient to establish the nature, characteristics and functioning of the products.
10.5. The Buyer may not exercise the right of withdrawal for purchase contracts for products made to measure or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
10.6. The Buyer exercising the right of withdrawal under this article shall bear the direct costs of returning the goods to the Seller.
10.7. The Buyer who exercises the right of withdrawal in accordance with the provisions shall be reimbursed the sums already paid, with the exception of additional costs associated with the type of delivery expressly chosen by the Buyer and other than the least expensive type offered by the Seller. These sums shall be refunded without undue delay and in any case within 14 (fourteen) days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract. Unless the Seller has offered to collect the products directly, the Seller may nevertheless withhold the refund until the Seller has received the products or the Buyer has demonstrated that it has returned the products, whichever is sooner.
10.8. Upon receipt of the notice in which the Buyer informs the Seller that it is exercising its right of withdrawal, the Parties are released from their mutual obligations, subject to the provisions of this Article.
11. Communications
11.1. Without prejudice to the cases expressly indicated or established by legal obligations, communications between the Seller and the Purchaser will preferably take place by means of e-mail messages to their respective e-mail addresses, which shall be considered by both parties as a valid means of communication and evidence of which may not be contested in court simply because they are electronic documents.
11.2. Written communications addressed to the Seller as well as any complaints shall only be considered valid if they are sent to the following address: S.E.A.R. SRL, with registered office in Viale Morin 169 – 55042 Forte dei Marmi (LU), e-mail: info@augustus-hotel.it 11.3. Either party may at any time change his or her e-mail address for the purposes of this Article, provided that he or she notifies the other party thereof in good time and in accordance with the forms laid down in the preceding paragraph.
12. Processing of personal data
12.1. The Purchaser expressly declares that he has read both the notice provided for by Article 13 of Legislative Decree 196 of 30 June 2003 (Privacy Code), as well as pursuant to Articles 13 and 14 of EU Regulation 679/2016 – General Data Protection Regulation (“GDPR”), and the “privacy policy” of the Website.
The rights deriving from the legislation on privacy and the disclosure obligations arising therefrom borne by the Seller are examined “on line”, before the completion of the purchase procedure. Accordingly, the forwarding of the order confirmation implies full knowledge of the same.
12.2. The Seller shall protect the confidentiality of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 196 of 30 June 2003, as modified by Legislative Decree 101/2018 and EU Regulation 679/2016.
12.3. The personal and fiscal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computer, telematic form, according to the methods of processing with the aim of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to best carry out the service requested ( Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
12.4. The Seller undertakes to process the data and information provided by the Buyer confidentially and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to pass them on to third parties. This data may only be disclosed at the request of the judicial authorities or other authorities authorised by law.
12.5. After signing an undertaking of confidentiality for the data, the personal data will only be communicated to persons delegated to carry out the activities necessary for the execution of the contract concluded and communicated exclusively for this purpose.
12.6. The Buyer is entitled to the rights set out in GDPR 679/2016, namely the following rights:
Information, Access to data, Rectification of data, Deletion of data, Restriction of processing, Data portability, Lodging complaints with supervisory authorities, Withdrawal of consent (Any withdrawal of consent does not affect the lawfulness of processing based on consent given prior to withdrawal)
12.7. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. If this is not the case, the Purchaser’s request cannot be processed.
All personal data provided will be processed in compliance with the principles of lawfulness, correctness, pertinence and proportionality, only with the methods, including IT and telematic, strictly necessary to pursue the purposes described above. In any case, personal data shall be kept for a period of time not exceeding that which is strictly necessary to achieve the purposes indicated. Personal data that does not need to be stored or for which storage is not envisaged by current legislation, in relation to the purposes indicated, will be deleted or transformed into anonymous form. Please note that the IT systems used to manage the information collected are configured, from the outset, to minimise the use of data.
12.9. The Data Controller for the collection and processing of personal data is the Seller, to whom the Buyer may address any request at the company’s headquarters.
13. Jurisdiction
The parties undertake to seek a fair and amicable settlement of any disputes arising out of or in connection with this contract.
13.2. Pursuant to the provisions of EU Regulation 524/2013, the Seller informs the Buyer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following website http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for Buyers wishing to settle out-of-court disputes arising from sales or online service contracts. For this purpose, please note that the Seller’s e-mail address is info@augustus-hotel.it
13.3. If the dispute has not been resolved in an amicable manner or by means of an ADR body referred to through the ODR platform, the dispute may at any time be brought before the exclusive jurisdiction of the Court in the district where the Buyer is domiciled, if located in Italy, in accordance with the provisions of Article 66-bis of Legislative Decree 206/05. If the Buyer does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be referred exclusively to the Court of Lucca.
14. LegApplicable law and reference
14.1. This contract is governed by Italian law..
14.2. Anything not expressly provided for herein shall be governed by the provisions of the law applicable to the relationships and cases provided for in this contract and, in any event, by the provisions of the Civil Code and of Legislative Decree 206 of 6 September 2005 (Consumer Code).
15. Final provisions
15.1. This contract abrogates and replaces any previous written or oral agreement, understanding or negotiation between the parties concerning the subject matter of this contract.
15.2. The possible invalidity of certain clauses does not affect the validity of the contract as a whole.
15.3 These general sales conditions have been drawn up in Italian. Should difficulties arise in interpreting them, the parties agree that the Italian version will be considered authentic and effective
