1. Object
These general conditions of online sale (hereinafter "Conditions
Generali ") govern the subscription sales of the services, as follows
defined, offered by the company APCOA Parking Italia S.p.A., with registered office in
Mantua, Via Renzo Zanellini 15, C.A.P. 46100, P.I. 01578450205, R.E.A.
167044, C.C.I.A.A. of Mantova n ° 0117650217 - Telephone: +39 0376 345000 -
Fax: +39 0376-345001 (hereinafter "APCOA"), and concluded remotely through the
following Internet site shop.apcoa.it (hereinafter the "Site").
The customer (hereinafter the "Customer") is required, before submitting the purchase order
(hereinafter "Order"), to carefully read these general conditions,
given that placing the order implies knowledge and acceptance.
The customer, by accepting these general conditions, also accepts the
parking regulations, available on the site and at the entrance to the area
break.
These general conditions are governed by the forecasts on sales a
distance, contained in Chapter I of Title III of Part III of the Code of
Consumption (Legislative Decree no. 206/2005) and by the rules on trade
electronic pursuant to Legislative Decree no. 70/2003.
The general conditions may undergo changes, always available on the site
in the "Terms and conditions" section, it being understood that the customer's purchase,
validated by Apcoa, in accordance with the provisions defined herein
general conditions, will be governed by the general conditions in force at the time of
conclusion of the contract.
2. Service
2.1. The service, which is the subject of the subscription, consists in making it available
of parking areas (hereinafter "Parking Areas") at the car parks managed by Apcoa
available on the Site.
2.2. The customer acknowledges and accepts that the service will be offered without any
custody and surveillance of the parked vehicle, therefore there is no Apcoa
responsible in case of theft or damage.
2.3. Apcoa will communicate to the customer a code of
purchase to be provided when collecting the subscription cards.
2.4. The service purchased by the customer through subscription is not transferable
and is valid only for the duration of the subscription. The customer also acknowledges
that the season ticket purchased does not give the right to reserve a parking space
fixed fixed.
2.5. The rates for the season tickets for the parking areas are available on the Site.
Rates are subject to change.
2.7. Apcoa cannot be held responsible if the customer, for reasons
not attributable to Apcoa cannot access the car park.
2.8. Customers equipped with a telepass device, in order to avoid an additional charge
of the parking fee operated through this payment system, will have to
take care to communicate the number of your telepass device to Apcoa
at the address info@apcoa.it and to obscure the relevant device - using
the appropriate telepass mask - until confirmation is received by
Apcoa of the successful registration of the device. Apcoa, in fact, will not respond
of the aforementioned further charge made by telepass.
3. Conclusion of the Agreement
3.1. For the purpose of placing the order, the customer must (i) select the dates he has a
layout; (ii) enter any data necessary for billing; (iii) if
consumer customer, pursuant to art. 5.1, declare that you have received the
information pursuant to art. 49 of Legislative Decree no. 206/2005 (hereinafter "Code of
Consumption ") including those relating to the exercise of the right of withdrawal; (iv)
accept these general conditions; (v) confirm acknowledgment
of the information on the processing of personal data (Article 13 of the EU Regulation
n. 679/2016 concerning the protection of individuals with regard to the
processing of personal data.); (vi) accept the parking regulations. In
compliance with the provisions of art. 51, paragraph 2, of the Consumer Code,
Apcoa guarantees that, at the time of placing the order, the customer will recognize
expressly that the order implies the obligation to pay.
3.2. The forwarding of the Order by the Customer constitutes a proposal
contract for the purchase of the Service (without prejudice to the possibility, for the
Consumer customer, as indicated in the following art. 5.1, to be able to exercise the
right of withdrawal pursuant to art. 52 of the Consumer Code).
3.3. The contract between the customer and Apcoa is concluded with the receipt by the
customer, of the APCOA acceptance e-mail of the Customer Order. APCOA
may not accept the customer's order in the event:
- unsuccessful payment (for example, following
the impossibility of debiting the fees on the customer's credit card);
- the customer has previously defaulted against Apcoa.
Apcoa will notify the customer of any non-acceptance of the order
to the e-mail address provided by the latter during registration.
3.4. With the e-mail of acceptance of the order, Apcoa, in confirming to the customer
the conclusion of the contract, will indicate the following information:
- a summary of the main characteristics of the Service purchased;
- the total price of the Service including taxes or fees;
- a purchase code.
4. Fees
4.1. The fees due for each service purchased will be
specifically indicated in the summary screen in euros and inclusive of
all applicable taxes or duties.
4.2. The customer who chooses to purchase the service on the site can have a
provision of one or more tariff categories available at the time of submission
of the order. The selection of the rate and service chosen by the customer will entail
the acceptance by the latter of the tariff rules applied.
4.3. Without prejudice to the provisions of article 5 below on the basis of art.
52 of the Consumer Code, the customer accepts that the rates are not
refundable. Only with reference to certain tariff categories / service for
which may be indicated on the site and / or in the relative conditions of
use of the service the refundability of the same, it will be possible to obtain the
reimbursement of the amount paid under the conditions and in the manner provided for on the site e
following the instructions described in the specific conditions of use of the relative
service.
5. Right of withdrawal pursuant to art. 52 of the Consumer Code
5.1. If the customer is a consumer, as defined in Article 3 of the Code
del Consumo, he has the rights referred to in art. 52 and ss. of the Code of
Consumption, as amended by Legislative Decree of 21/02/2014 n. 21, and will be able to
withdraw, without indicating the reasons and without charges against you, within 14
(fourteen) days from the day of receipt of the acceptance e-mail (of
hereinafter "Withdrawal Period").
The right of withdrawal is exercised by sending, before the expiry of the period
as indicated above, of a notice of withdrawal by paper mail
addressed to APCOA Parking Italia S.p.A., Via Renzo Zanellini 15, 46100
Mantua.
The communication can alternatively be sent - within the same deadline
at info@apcoa.it.
5.2. It is understood that the right of withdrawal referred to in the previous art. 5.1. Sara
excluding:
- in the event that the service has been fully performed before the
expiry of the withdrawal period, provided that the execution has begun
with the agreement of the customer;
- in the event that the notice of withdrawal, although forwarded in the period of
withdrawal, has been sent on a date and time after the date and time scheduled for
the start of the provision of the service (for example, date and time of issue of the
subscription card).
5.3. Following the correct exercise of the right of withdrawal, as outlined
in art. 52 and ss. of the Consumer Code, the customer will be refunded the
sums paid in favor of Apcoa, without undue delay and in any case not
more than 14 (fourteen) days from the day Apcoa will be informed of the
customer's decision to withdraw. The customer will not have to incur any costs
as a consequence of the refund.
5.4. In the event that the customer were to purchase more services, the withdrawal will be
effective in relation to the services that the customer will specifically indicate in the
notice of withdrawal. It is understood that the customer who purchases a package
of services (e.g. season ticket with contract relating to more cards and / or more seats
auto) may exercise its withdrawal only with reference to the package
services and not in relation to the individual services that make up the package.
6. Communications and complaints
6.1. For any need or complaint related to the purchase of the service on the site,
the customer can contact Apcoa at the following e-mail address: info@apcoa.it
7. Applicable law and competent court
7.1. If the customer is a consumer, as defined in Article 3 of the Code
del Consumo, for all disputes that may arise in this regard
to the interpretation of these general conditions, territorial jurisdiction
it will be up to the judge of the place where the consumer has his residence or domicile
elective, if located in the territory of the Italian State. In all other cases, for
any dispute relating to the execution and interpretation of this
contract, the Court of Mantua will have exclusive jurisdiction.
7.2. These general conditions are governed by Italian law.
7.3. For anything not expressly provided for in this contract, it is done
reference to the rules dictated by the Civil Code book IV, title II.