Terms and conditions of sale and use

Preamble and definitions

Section 1 – General Terms and Conditions of Sale (GTC) for online purchases

Article 1.1: Order placement procedure and contract formation

The Purchaser can place online purchases of Experiences directly via the internet on the Website www.viverevaltellina.it.

The order placement procedure on the Website includes, in particular, the following steps:

• The Purchaser selects one or more Experiences on the Website;
• To proceed with the order, the Purchaser must:
  • place the order as a "guest," without needing to create an account, by filling in the necessary fields for order submission;
    or
  • place the order by creating/logging into their account by clicking on the link provided for that purpose.

Creating an account automatically grants access to a personal space, allowing the Purchaser to manage orders, any Experiences, and personal information specified in the personal space.

The Purchaser guarantees, in this regard, that all information provided to Vivere Valtellina will be accurate and not misleading. The Purchaser undertakes to update their information through their personal space in case of changes. The Purchaser is informed and accepts that the information entered for the purpose of creating or updating their account serves as proof of their identity. The information entered by the Purchaser is binding upon confirmation.

Furthermore, the Purchaser undertakes to keep their username and account password confidential. Any action performed with the Purchaser's username and password will be considered as performed by them, and the Purchaser remains solely responsible. The Purchaser therefore expressly releases Vivere Valtellina from any responsibility in case of abusive or fraudulent use by third parties of their identification elements and/or their account. In case of loss, theft, or any fraudulent use of their username and/or password, the Purchaser must immediately inform Vivere Valtellina to obtain a replacement.

• After selecting whether to place the order as a "guest" or "with an account," a summary document containing all selections, the total price of the selected Experiences, details, and the payment method will allow the Purchaser to verify the details of their order and make any necessary changes before final registration.
• The registration of the order will be made after acceptance of these GTC. The sale will be considered final only after acceptance of the payment method used and receipt of the full price by Vivere Valtellina.

For payments by bank card, the contract will be definitively concluded after the payment is accepted by the bank.

Vivere Valtellina reserves the right to cancel or refuse orders from a Purchaser with whom a dispute exists regarding the payment of an outstanding previous order, or in case of serious suspicion of a fraudulent order.

After final confirmation of the order, Vivere Valtellina will send an order confirmation email to the Purchaser, including all relevant information, and shortly thereafter a second email containing the Gift Voucher as an attachment, with a personalized and unique coupon code.
By printing and/or saving this email, the Purchaser will have a means of proof of the order placed.

The Gift Voucher for the order must be kept by the Purchaser and, if necessary, transmitted to the Beneficiary. The email containing the Gift Voucher will be requested by Vivere Valtellina as proof of purchase in case of fraud, theft, loss, non-activation, exchange, dispute with the Partner, and any other request related to the Experience.

Article 1.2: Prices and payment conditions

Article 1.2.1: Price

The prices of the Experiences displayed on the Website are those in force on the day of the order.

Article 1.2.2: Payment conditions

Payment for the order can be made, at the Purchaser's choice, by bank card or Paypal in the following ways:

• By bank card (Debit Card, Visa Card, Eurocard/Mastercard, Amex, Postepay, Google Pay, Apple Pay): by directly indicating the card number, its validity date, and the security code on the back of the card in the space provided. The full amount of the order will be debited from the bank card on the day of the order. Vivere Valtellina reserves the right to suspend any order processing in case of non-authorization of payment by the bank. The Website allows the Purchaser to transmit their banking details confidentially and securely at the time of order (secure and encrypted SSL entry).
• With Paypal: this payment method will only be offered to the Purchaser if they choose to pay by bank card. They will simply need to access their Paypal account, if they already have one, or create a Paypal account by following the procedures indicated.

Article 1.3: Right of withdrawal

Pursuant to articles 52 et seq. of Legislative Decree no. 206/2005 ("Consumer Code"), the Purchaser may withdraw from the Online Purchase contract, without having to provide any reason or pay penalties, within fourteen (14) days from the day on which the Purchaser or Beneficiary acquires possession of the Experience.

The Purchaser may exercise the right of withdrawal:

• By downloading the withdrawal form from the link below and sending it, duly completed and signed, by email to info@viverevaltellina.it;
  or
• by writing an email to inform Vivere Valtellina of the clear and unambiguous decision to withdraw from their online purchase.

In any case, the Purchaser will not have to return the Experience by mail.
The Purchaser must communicate the following information:

• Their surname and first name;
• The order number;
• The name of the Experience in question;
• The coupon code shown on the Gift Voucher;

Download the withdrawal form here.

Once the withdrawal communication, complete with all information, is received by Vivere Valtellina, the latter will promptly send the Purchaser a confirmation of receipt of the withdrawal on a durable medium (email).

Any withdrawal made in accordance with the conditions of this article will result in a refund of all sums paid, within fourteen (14) days from the date on which the Purchaser informed Vivere Valtellina of their decision to withdraw.

The refund will be made (without charge to the Purchaser) using the same payment method used for the initial transaction, unless prior explicit agreement of the Purchaser for another refund method.

After the Purchaser exercises the right of withdrawal, the Experience can no longer be used.

Section 2 – General Terms of Use (GTU)

Article 2.1: Conditions for using Gift Experiences

Article 2.1.1: Activation of Gift Vouchers

Gift Vouchers are valid for 12 months from the date of purchase.

The Gift Voucher must be used no later than the expiry date: beyond this date, it cannot be accepted or refunded.

To be used, they require activation by the Partner providing the Experience, who must be aware of the alphanumeric coupon code shown on the Gift Voucher.

Vivere Valtellina will not respond to any claims related to an activation issue if the Purchaser/Beneficiary does not provide any proof of payment.

Article 2.1.2: Partner Offers

The Gift Voucher entitles the holder to use the Service offered by the Partner; the booking must be made directly with the Partner, by contacting them via the method indicated on the Gift Voucher.

The photographs and editorial content presented in the Experiences are merely indicative, do not constitute any contractual promise, and may be subject to change. Therefore, Vivere Valtellina cannot be held responsible for any discrepancies with the actual state of the Partners' facilities. Any partial or total reproduction of the content of the Experiences is prohibited.

Finally, it is recalled that the Partner is always responsible for the correct execution of the Service, and Vivere Valtellina is only responsible in cases provided for by applicable law. Where necessary, Vivere Valtellina will do its best to try to find an amicable solution to disputes between the Beneficiary and the Partner.

It is also specified that Vivere Valtellina cannot be held responsible for any losses/damages/thefts suffered by the Beneficiary during the Experience. The Beneficiary is invited to contact the Partner in case of any dissatisfaction regarding the Service.

The Purchaser / Beneficiary is obliged to keep the Gift Voucher carefully and that in case of theft or loss, the Gift Vouchers cannot be replaced.

Vivere Valtellina is not responsible for the accuracy or completeness of data made available by third parties.

Article 2.1.3: Conversion of the Voucher into another Experience
The Beneficiary (or the Purchaser, if different) may request the conversion of the Gift Voucher into another Experience among those available on the Website at the time of the request, under the following conditions:
a) the request must be submitted in writing to Customer Service contact details before the Voucher's expiry and before booking/confirming the original Service with the Partner;
b) conversion is allowed only once per Voucher, unless otherwise authorized in writing by Vivere Valtellina;
c) if the price of the substitute Experience is higher, the Beneficiary must pay the difference before the new voucher is issued;
d) if the price of the substitute Experience is lower, no cash refund of the difference is provided, nor automatic issuance of residual credit, unless expressly provided otherwise by Vivere Valtellina;
e) conversion is subject to the availability of the substitute Experience and the acceptance of the interested Partner;
f) once conversion is authorized, the original Voucher is cancelled and replaced by a new voucher, subject to the conditions of the substitute Experience and its relative validity period;
g) monetary refunds are excluded in any case, without prejudice to mandatory rights provided by applicable law.

Article 2.1.4: Availability and provision of Partner offers

Unless otherwise indicated on the Partner's page and on the Gift Voucher of the Experience offered, the Gift Voucher is valid every day of the week, according to actual availability, and the Partner's opening days and hours. The Purchaser is therefore invited to consult the Partner's page before proceeding with the purchase.

The provision of the chosen Service will only be possible upon presentation through the method chosen by the Partner and indicated on the Gift Voucher.

The provision of the Service will occur after the Partner verifies the validity of the Gift Voucher.

Article 2.1.5: Partner Insurance

The Partners selected by Vivere Valtellina have declared to the latter that they hold professional liability insurance for sufficient amounts for the provision of the Services, possess all authorizations and titles that allow them to carry out their activity regularly, and in any case comply with the legislative and regulatory provisions applicable to them.

However, the Beneficiary is invited to obtain sufficient insurance coverage, particularly for the practice of certain sports activities considered "at risk." The Beneficiary is reminded that the provision of Services in good safety conditions does not exempt them from observing elementary caution rules for sports activities, especially those considered "at risk." The Beneficiary accepts the consequent risks.

Article 2.1.6: Gastronomy and alcohol

The Beneficiary is duly informed that when the Service included in an Experience comprises a meal, its menu is agreed upon in advance between the Partner (restaurant, hotelier) and Vivere Valtellina. Furthermore, the Beneficiary will not be able to choose the meal freely from the restaurant/hotel's "à la carte" menu.

For all practical purposes, it is reminded that in accordance with the provisions of article 14-ter of Law no. 125/2001 and subsequent amendments, the sale and administration of alcoholic beverages to minors under 18 years of age is prohibited. Therefore, the Beneficiary guarantees to be 18 years old at the time of using the Service if it includes the provision of alcoholic beverages.

Vivere Valtellina reminds that alcohol abuse is dangerous for health. Consume in moderation.

Article 2.2: Validity period and special conditions applicable to certain Gift Experiences

Gift Vouchers are valid for 12 months from the date of purchase.

Vivere Valtellina reserves the right to integrate and/or modify the list of Experiences or to cease their dissemination at its sole discretion at any time.

In case of commercial discontinuation of an Experience before its final validity date, the Beneficiary may still use the Experience within the validity period of the Gift Voucher, when possible. Or directly agree with the Partner on an equivalent and/or alternative Experience.

In the event of the Partner ceasing the activity offered, Vivere Valtellina will fully reimburse the Buyer. The reimbursement will be made (without charges to the Buyer) using the same payment method used for the initial transaction, unless the Buyer explicitly agrees to another reimbursement method.

Article 2.3: Online booking of stays

Article 2.3.1 Booking of stays

Bookings for Services that include a stay can only be made directly with the Partner, using the booking method indicated on the gift voucher.

Section 3 – Common provisions for the GTC (online and in store) and the GTU

Article 3.1: Customer Service - Complaints

Information requests and complaints, particularly concerning the purchase, refund, exchange, and operation of Experiences, should be addressed to Vivere Valtellina:

• by email to info@viverevaltellina.it;
  or
• through our Website, by consulting the "Contact Us" section.

Article 3.2: Legal guarantee of conformity

Within the framework of the provision of Services, Vivere Valtellina acts as a business intermediary for the Partners, offering Beneficiaries of Gift Vouchers the opportunity to enjoy an Experience. Its responsibility is therefore limited to that of its status as a business intermediary, and the Partner remains solely responsible for the execution and conformity of its Service.

The Buyer and the Beneficiary are reminded that they benefit from the legal guarantee of conformity under the following terms:

The legal guarantee of conformity is provided for by articles 128 et seq. of the Consumer Code).

- For Experiences: if the Experiences are not compliant (for example, if they do not correspond to the description given on the Website or to the order placed), the Buyer/Beneficiary has the right to obtain the restoration of conformity of the good through replacement, without any expense to them, or if such remedy is not possible (cf. art. 130, paragraph 7, of the Consumer Code) they may obtain an appropriate reduction in price or the termination of the sales contract.

The Buyer/Beneficiary forfeits the rights provided for in art. 130, paragraph 2, of the Consumer Code if they do not report the lack of conformity to Vivere Valtellina within 6 (six) months from the date of purchase. The action aimed at asserting a lack of conformity not maliciously concealed by Vivere Valtellina is time-barred after 12 (twelve) months from the delivery of the Gift Voucher.

For the purposes mentioned above, the Buyer/Beneficiary must contact Vivere Valtellina Customer Service by email at info@viverevaltellina.it or through the "Contact Us" section of the Website, providing their details (surname and name), the order number, and the coupon code present on the Gift Voucher in question.

The legal guarantee of conformity applies regardless of any commercial guarantees that may be offered conventionally and the nature of the product.

– For Services: the Beneficiary must contact the Partner in question directly, who is solely responsible for the proper execution and conformity of their Service.

Article 3.3: Privacy Policy

Article 3.3.1 Personal data protection

To learn about the characteristics of the personal data protection policy implemented by Vivere Valtellina, the User, the Buyer, and the Beneficiary are expressly invited to review the Privacy Statement available on the Website https://www.viverevaltellina.it/pages/privacy-policy

Article 3.3.2 Cookies

To learn more about the use of Cookies, the User, the Buyer, and the Beneficiary are expressly invited to review Vivere Valtellina's Cookie Policy available on the Website www.viverevaltellina.it/pages/cookie-policy

Article 3.4: Intellectual Property

The elements characterizing the Experiences, including, but not limited to, texts, photographs, images, icons, logos, as well as the Vivere Valtellina brand, are the full and exclusive property of Vivere Valtellina. It is strictly prohibited to use in any way, including, by way of example, to reproduce, represent, modify, transmit, publish, adapt, on any medium, by any means, or to exploit in any way, all or part of these elements without the prior written authorization of Vivere Valtellina.

The Website is an intellectual work protected by intellectual property law. The Website and every element composing it (such as trademarks, logos, texts, etc.) are the exclusive property of Vivere Valtellina, its partners, or third parties and are subject to intellectual property protection.

By accessing the Website, the User, Buyer, and Beneficiary are therefore granted a limited license to use the Website for browsing purposes only, on a non-exclusive basis and solely for private use.

Therefore, the reproduction of documents published on the Website is possible only for informational purposes and for strictly personal and private use.

Any reproduction or modification, in whole or in part, of the Website or any of its constituent elements belonging to Vivere Valtellina or third parties, on any medium, for purposes other than personal and private use, and in particular for commercial purposes, is expressly prohibited, unless prior written authorization has been obtained from Vivere Valtellina or the third parties holding the rights to the work. Any operation in violation of the above exposes the User, Buyer, and/or Beneficiary to criminal and civil liability.

Vivere Valtellina also uses images and/or videos from image banks such as Shutterstock, Canva, Freepik, etc., for the illustration of Experiences, its Website, and any communication support, without this list being exhaustive. In this regard, it is specified that Vivere Valtellina holds a license to use these images and/or videos from image banks, which allows it to use them for the intended purpose. Therefore, it is reminded that these elements from image banks are subject to third-party copyright and that it is forbidden to use, reproduce, or modify them partially or entirely, unless the relevant rights have been obtained.

Article 3.5: Entirety of the contract

The failure of Vivere Valtellina, at any given time, to exercise any of the clauses of these General Conditions cannot be interpreted as a waiver to subsequently enforce said clauses and the rights and faculties deriving therefrom.

In the event that one of the agreements of these GTC/GTU should be declared void or considered ineffective, the validity of the other provisions will not be called into question.

Article 3.6: Applicable law and dispute resolution

These General Conditions and the contract concluded upon an order for Experiences, including issues concerning their validity, interpretation, execution or withdrawal therefrom, are subject to Italian law. It should be noted that the online purchase of Experiences is subject, among other things, to the provisions of the Consumer Code, Part III, Title III, Chapter I, on distance contracts.

Regarding any disputes, the Parties undertake, before initiating any legal action, to seek in good faith an amicable solution within a period of thirty (30) days. The Buyer or Beneficiary must therefore first submit their complaint in writing to the Customer Service of Vivere Valtellina by filling out the form available on the Website in the Contacts section or by contacting Vivere Valtellina via email at info@viverevaltellina.it.

In the event of an inability to reach an amicable agreement, the dispute will be referred to the competent Italian jurisdiction according to the applicable laws in force.

Article 3.7: Legal notices

The website www.viverevaltellina.it is published by the company Ibex Group Srl, an Italian Limited Liability Company.

Registered Office:

Via Lavizzari 16
23100 Sondrio
VAT no. 01022820144