termini-e-condizioni-legal

YOUR CAR, YOUR PEACE OF MIND: A SIMPLE GESTURE FOR YOUR SAFETY!

EMILIA PARK SRL

THE PARKING IS OPEN 24/7

CONTACT

Reporting of public disbursements

emiliaparksrl@gmail.com

Via Rogoredo 128

Via Gaudenzio Fantoli 32Bis

20138 Milan

Paid-up share capital € 30,000.00 - registration with the Milan business register - official archive of the chambers of commerce VAT & tax code 09239200968 registration with the Milan REA no. MI-2077904.

© 2021. Emilia Park srl - VAT 09239200968 - San Donato Milanese - Recipient code: M5UXCR1 Terms and conditions - *Click here for info on the free shuttle - INFORMATION AND CONSENT ON THE PROCESSING OF PERSONAL DATA and OTHER IMPORTANT INFORMATION - Invoice data click here

TERMS AND CONDITIONS

GLOSSARY

Online Sales Contract (hereinafter Contract): The sales contract relating to the Products offered for sale by the Company, in the distance selling system via website;

Company: EMILIA PARK SRL - VIA DI VITTORIO 104/E - SAN DONATO MILANESE - MI;
Buyer: means the consumer, a natural person, who makes the purchase through the Website;
Online Sale: means the sale, by the Company, of parking rights through the World Wide Web, using the telematic system made available by the Company;
Website: means the telematic system made available by the Company to make remote purchases of the Products offered by the same: www.emiliapark.it;
Products: The parking rights for one's own vehicle made available in terms of single space and variable time periods: DAILY, WEEKLY and MONTHLY;

PREMISE

EMILIA PARK SRL (hereinafter the Company) with registered office at VIA UNICA BOLGIANO 6, 20097 SAN DONATO MILANESE, VAT number 09239200968, sells and the Final Consumer (hereinafter the Buyer) purchases with an Online Sales Contract the Products selected and ordered by the Buyer from those listed on the Website and available at the time;
The Buyer guarantees that the purchase of products on the Company's Website is intended for strictly personal use;
All orders that, at the sole discretion of the Company, are deemed fraudulent will be considered null and void;
This Contract, available on the Website, must be carefully reviewed by the Buyer before completing the procedure for purchasing the Products through the Website itself;
In the event that a person without the necessary legal capacity (for example, a minor or a person unable to understand and act) places an Order on the Company's Website, without prejudice to the responsibility of their parents or legal guardians for such Order and the related payment, the Company may refuse to accept the order and cancel it with a consequent refund of the amount paid;

Last Update: Milan 29/03/2020 08:00

1. Subject of the contract

1.1 With this Contract, respectively, the Company sells and the Buyer purchases remotely, through telematic tools made available by the Company, the Products indicated and offered for sale on the Website WWW.EMILIAPARK.IT;

1.2 This Contract is intended to define the rights and obligations of the Parties in relation to the sale of products by the Company to the Buyer. These rights and obligations apply without any limitation to all sales made through the Website;

1.3 The Products for sale through the Website are illustrated on the web page www.emiliapark.it, as described in the relevant information sheets;

1.4 The Online Sales service, governed by this Agreement, is available for purchases to be used at the parking lots located at VIA ROGOREDO 128 and GAUDENZIO FANTOLI 32Bis in MILAN, subject to parking space availability;

1.5 The Company reserves the right to modify this Agreement at any time; however, any sale concluded prior to the change of the Agreement shall be governed by all the conditions regulated by the previous Agreement before any modification, including prices and/or specific promotions;

2. Conclusion of the Contract

2.1 The Contract between the Parties is concluded exclusively through the Company's Website, by the Buyer accessing the address www.emiliapark.it, where, by following the indicated procedures, the Buyer will formalize the purchase proposal for the Products referred to in points 1.1, 1.3, and 1.4;

3. Obligations of the Buyer

3.1 The Buyer undertakes to pay the price of the Products purchased and any ancillary expenses, within the times and in the manner indicated by the Online Sales Contract;

3.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and/or keep these general conditions, which, moreover, will have already been viewed and accepted as a mandatory step in the purchase process, as well as to print the specifications of the product being purchased, in order to fully comply with the requirements of Articles 52 and 53 of Legislative Decree 206/05;

3.3 The purchaser is strictly prohibited from entering false and/or fictitious and/or imaginary personal data and e-mail addresses in the registration procedure necessary to activate, in their regard, the process for the execution of this Contract. The data must be exclusively their own real personal data and not those of third parties;

4. Conclusion and effectiveness of the Contract

4.1 The Contract is concluded by correctly filling out the purchase form and expressing consent to the purchase through payment of the amount due, always after viewing a web page summarizing the order, which shows the details of the Buyer and the order, as well as the price of the Product purchased;

4.2 When the Company receives the order from the Buyer, it sends a confirmation email of the order, printable, which also includes the data referred to in the previous point, except for the copy of the Contract;

4.3 The contract entered into between the Company and the Buyer shall be considered concluded with the acceptance, even partial, of the order by the Company. Such acceptance shall be deemed tacit, unless otherwise communicated to the Buyer by any means;

4.4 The right to use the Products will remain with the Company until the entire payment for the order, including shipping costs, taxes, and any additional charges (where applicable), has been fully paid by the Buyer;

4.5 By placing an order, the Buyer declares that they have read all the information provided to them during the purchase procedure, and fully accept the Contract;

4.6 The Contract shall not be deemed concluded and effective between the Parties in the absence of what is indicated in the previous point;

5. Prices

5.1 The prices of the Products offered for sale on the Website apply in the context of distance selling and may differ from the prices charged on site or in any case from the average market prices applied to certain products;

5.2 All sales prices of the products displayed and indicated on the Website are expressed in Euro and constitute a public offer pursuant to art. 1336 of the Civil Code;

5.3 The sale prices, referred to in the previous point, include VAT where the wording "+vat" is absent;

5.4 Shipping costs and any additional charges (where applicable) will be indicated and calculated during the purchase procedure before the Buyer submits the order;

5.5 The Company may change the sale prices of the Products, shipping costs, and any additional charges at any time and without notice. It is understood that any order received before the price change will retain the related amounts with the previous prices;

6. Payment

6.1.1 Each payment by the Buyer may only be made using one of the methods indicated at the time of purchase;

6.1.2 With regard to payment by credit card, by filling in the appropriate space on the Website, the Buyer authorizes the Company to use their credit card and to charge it for the amount of the expense incurred, including taxes, shipping costs, bank fees, and any mandatory accessory contributions included;

6.1.3 All orders must be paid in Euro, including taxes, transport costs, bank charges, and any mandatory accessory contributions included;

6.1.4 The Company will deliver the invoice or the receipt upon the Buyer's arrival at the parking lot or in the times and ways chosen by the Buyer after the purchase;

6.1.5 The issuance of the fiscal document will be carried out based on the information provided by the Buyer at the time of the order. No changes will be possible after the issuance of the fiscal document itself;

6.1.6 The Buyer undertakes to carefully check the data entered at the time of the order, as this will be used for accounting records;

6.1.7 Any refund to the Buyer will be credited by bank transfer to the account details provided by the buyer, by reversal of the amount paid, or by a purchase voucher to be used for future purchases directly at the parking lot. Refunds will be recognized or re-credited within 30 (thirty) days from acceptance thereof and, in the event of exercising the right of withdrawal, as regulated by Article 10.6 of this Contract;

6.1.8 All communications relating to payments take place on a dedicated Company line protected by an encryption system. The Company guarantees the confidentiality of this information in compliance with the current regulations regarding the protection of personal data;

7. Product Availability

7.1 The Products for sale on the Website are available for as long as they are published and are valid for 12 months from the date of purchase unless otherwise specified;

7.2 The Company ensures, through the telematic system, the processing and fulfillment of orders received in the shortest possible time, compatible with the workload of the Company's staff and availability;

7.3 In the event that, after the Order has been placed by the Buyer, there is a total or partial unavailability of the product, the Buyer will be immediately informed, by the most appropriate means chosen by the Company, of the unavailability of the Product and the total or partial cancellation of the Order;

7.3.1 In case of total cancellation of the Order:

7.3.1.1 The Buyer will be informed of the total cancellation of the Order;

7.3.1.2 The Company will proceed with the full reversal of the amounts paid by the Buyer related to the cancelled order;

7.3.2 In case of partial cancellation of the Order:

7.3.2.1 The Buyer's Order will be modified and will be refunded the amount due according to the procedures described in section 6.1.7;

7.3.2.2 The Buyer will be informed of the partial cancellation of the Order;

7.3.2.3 The available products will be made available to the Buyer;

8. Use of the Product

8.1 The buyer may use the purchased Product by following one of the following methods:

8.1.1 You may arrive at the parking lot after making a reservation (strongly recommended), providing the reservation number received at the time of purchase:

8.1.1.1 via the online form available on the website in the Booking area specifying: NAME - CAR LICENSE PLATE - DATE AND TIME OF ARRIVAL - DATE AND TIME OF DEPARTURE - TELEPHONE CONTACT;

8.1.1.2 phone call using the telephone contacts provided in the Contact Us area specifying: NAME - CAR LICENSE PLATE - DATE AND TIME OF ARRIVAL - DATE AND TIME OF DEPARTURE - TELEPHONE CONTACT;

8.1.1.3 via email to emiliaparksrl@gmail.com specifying: NAME - CAR LICENSE PLATE - DATE AND TIME OF ARRIVAL - DATE AND TIME OF DEPARTURE - PHONE CONTACT;
8.1.1.4 via partner website (Booking area) with PAY AT PARKING payment specifying in the notes the order number of the purchased Product;

8.1.2 You may arrive at the parking lot without a reservation (strongly discouraged). It will only be possible to use the Product if, at the time of the Buyer's arrival, a spot is available for the purchased Product.

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8.2 The parking space is immediately available, unless unavailable, upon notification by the Company via email or telephone call to the Buyer with confirmation of the reservation made according to the procedures described in points 8.1.1;

8.3 The Buyer may withdraw an order by communicating their intention to the Company within 14 days of purchase;

9. Limitations of Liability

9.1 The Company assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the purchased order;

9.2 The Company cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet network beyond its control;

9.3 The Company shall also not be liable for damages, losses, and costs incurred by the Buyer as a result of the non-fulfillment of the contract for reasons not attributable to it, with the Buyer being entitled only to a full refund of the price paid and any ancillary charges paid at the time of purchase;

9.4 The Company assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the Products purchased, provided it demonstrates that it has taken all possible precautions according to the best knowledge and experience of the time and according to ordinary diligence;

9.5 In no case shall the Buyer be held responsible for delays or issues in payment if they can prove that the payment was made within the time and in the manner indicated by the Company;

10. Right of Withdrawal

10.1 The Buyer in any case has the right to withdraw from the Contract entered into, without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt of the Product by email immediately following the purchase, provided that the product has not been used in part or in full.

10.2 In the event that the Company has not fulfilled its information obligations, the period for exercising the right of withdrawal is 90 (ninety) days and starts from the day the Products are received by the Buyer;

10.3 In the event that the Buyer decides to exercise the right of withdrawal, they must notify the Company by means of:

registered letter with return receipt to the address EMILIA PARK SRL, VIA DI VITTORIO 104/E, 20097 – SAN DONATO MILANESE;
email to the address emiliaparksrl@gmail.com;

provided that such communications are confirmed by the Company. The postmark affixed by the post office on the issued receipt shall be considered valid between the Parties;

10.4 The right of withdrawal must in any case be exercised no later than 14 (fourteen) days from the date of receipt of the goods, provided that the product has not been used in part or in full;

10.5 The Company will provide a free refund of the entire amount paid by the Buyer within 30 (thirty) days from receipt of the notice of withdrawal via bank transfer communicated by the buyer only for non-use of the product.

10.7 Upon receipt of the communication by which the Buyer exercises the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article;

11. Termination of the Contract and Express Termination Clause

11.1 The obligations assumed by the Buyer in Article 3 above (Obligations of the Buyer), as well as the guarantee of successful payment that the Buyer must make, are of an essential nature, so that by express agreement, the failure by the Buyer to comply with even one of these obligations will result in the automatic termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial intervention, without prejudice to the Company's right to take legal action for further damages;

12. Privacy Protection and Personal Data Processing

12.1 Hereby, Emilia Park srl, with registered office in San Donato Milanese Via Unica Bolgiano 6, (hereinafter "Data Controller"), as Data Controller, provides information regarding the use of personal data concerning natural persons, pursuant to Legislative Decree 196 of June 30, 2003 and subsequent amendments with Legislative Decree 101 of August 10, 2018 and pursuant to European Regulation no. 2016/679 of April 27, 2016.

The Data Controller informs that the personal data of the data subject will be processed in accordance with the legislative provisions of the aforementioned regulation, according to the principles of fairness, lawfulness, transparency, and protection of your privacy.

12.2 The Data Controller processes personal identification data (for example: first name, last name, company name, tax code, residence and domicile address, date and place of birth, nationality), telephone, marital status, e-mail address, identification document details, bank account identification details (for example IBAN) (hereinafter "personal data" or "data") Purposes of processing.

Personal data are processed for purposes strictly connected to the establishment and/or management of a contractual relationship with you:

• to fulfill pre-contractual, contractual, accounting and tax obligations arising from the relationships with you in place;

• to fulfill the obligations established by law, by a regulation, by community legislation, or by an order of the Authority (such as, for example, in matters of anti-money laundering);

• to exercise the rights of the Data Controller (for example, the right of defense in court).

12.3 The data subject's personal data may be processed either on paper or electronically in ways strictly necessary to achieve the purposes indicated above.

The data will be accessible only to authorized personnel in full compliance with the security measures provided for by current legislation on the protection of personal data.

Personal data may be processed, within the scope of specific assignments given by the Data Controller:

• by employees and collaborators of the Data Controller in their capacity as persons in charge and/or internal managers of the processing.

• by third-party companies or other entities (by way of example: credit institutions, legal, administrative, tax consultants, insurance companies for the provision of insurance services, etc.) that carry out outsourcing activities on behalf of the data controller, in their capacity as external data processors.

12.4 The provision of data, for the purposes indicated above, is strictly instrumental to the execution of contractual relationships; therefore, any refusal or incorrect communication of any of the information requested by the company will have the following consequences:

• the impossibility of establishing, executing, and managing the contractual relationship; in particular, the impossibility of complying with legal requirements regarding the obligations arising from the contractual relationship, including the proper administrative, accounting, and tax management of the company;

• the impossibility of fulfilling specific obligations and/or tasks required by law, regulations, European legislation, and current tax and accounting legislation;

12.5 The data collected and stored by the company Emilia Park srl may be communicated and/or transferred to third parties only to fulfill legal or contractual obligations.

The data will not be disclosed under any circumstances.

12.6 Personal data will be managed and stored on servers located in Italy, within the European Union, and will not be transferred to other non-EU countries. Data retention period of the processed data.

Your personal data, processed for the purposes indicated above, will be retained for the duration of the contract and, subsequently, for as long as the Data Controller is subject to retention obligations for tax purposes or for other purposes provided for by law or regulation.

12.7 With reference to the personal data as identified above, the Regulation grants you the following rights which you may exercise towards the Data Controller: Access (art. 15 EU Regulation no. 2016/679);

• Rectification (art. 16 EU Regulation no. 2016/679);

• Erasure (art. 17 EU Regulation no. 2016/679);

• Restriction (art. 18 Regulation (EU) no. 2016/679);

• Portability (art. 20 Regulation EU no. 2016/679);

• Objection to processing (art. 21 EU Regulation no. 2016/679);

• Withdrawal of consent to processing without prejudice to the lawfulness of processing based on consent acquired before the withdrawal (art. 7 EU Regulation no. 2016/679);

• Right to lodge a complaint with the Data Protection Authority in case of a perceived violation by the Data Controller or the Data Processor of the personal data protection regulations set out in the Regulation.

12.8 The exercise of rights may be exercised at any time by sending:

a registered letter with return receipt: Emilia Park srl VIA DI VITTORIO 104/E San Donato Milanese 20097
a certified email (PEC) to the address: emilia.park@lamiapec.it

12.9 Emilia Park srl via DI VITTORIO 104/E - 20097 - San Donato Milanese (mi) - P.iva09239200968

13. Storage Methods

13.1 Pursuant to art. 12 of Legislative Decree 70/03, the Company informs the Buyer that every order sent is stored in digital/paper form on the server/at the Company's headquarters according to criteria of confidentiality and security;

14. Changes

14.1 The company reserves the right to change this Contract at any time, by publishing on the website www.emiliapark.it the updated version from time to time;

14.2 Any new clauses will be effective for purchases made after the modification has taken place;

15. Applicable law

15.1 This Contract is governed by Italian law. These general conditions refer, for anything not expressly provided herein, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05:

16. Competent court

16.1 Any dispute relating to the application, execution, or interpretation of this Contract stipulated online through the website www.emiliapark.it is subject to Italian jurisdiction;

16.2 For disputes arising between the Parties in relation to this Contract, the court of the place of residence or domicile of the Buyer shall have jurisdiction if located within the territory of the State;

16.3 If the residence or domicile of the Buyer is not located within the territory of the State, the Court of Milan, Italy, shall have jurisdiction.