General conditions of Sale

Art. 1 – General provisions

The user browsing this area accesses the Genius Hotel, accessible via the url: www.geniushotel.it. Browsing and transmitting a purchase order on the site implies the acceptance of the Data Protection Conditions and Policies adopted by the site indicated therein.
These General Conditions of Sale apply to the provision of services with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 amended by D. Legislative Decree No. 21/14 and Legislative Decree 70/03) by

Company Genius Hotel Sas
Head office: S.P. 231 Km 32.00, Corato 70033 Ba
VAT number: 05340460723
Registered in the REA, number ________

The user is required, before accessing the services provided by the site, to read these General Terms and Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
The user is invited to download and print a copy of the purchase form and of these General Terms of Sale whose terms Genius Hotel reserves the right to change unilaterally and without notice.
It is possible to use the site and therefore access services provided by the same and to purchase these in the following languages:

Italian English French

Art. 2 – Object

These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for services on Genius Hotels and do not govern, instead, the supply of services or the sale of products by parties other than the seller that are present on the same site via links, banners or other hypertext links.
Before placing orders and purchasing products and services from different parties, we suggest checking their sales conditions.

Art. 3 – Conclusion of the contract

To conclude the purchase contract, it will be necessary to complete the form in electronic format and transmit it following the relative instructions.
It contains the reference to the General Sales Conditions, the information on each service purchased, the payment methods that can be used, the conditions for exercising the right of withdrawal.
Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
The buyer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the “Booking, Book” button at the end of the wizard.
Once the contract is concluded, the seller takes charge of the order for his evasion.

Art. 4 – Registered users

In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his personal data correctly and truthfully.
Once registered, the user will receive a confirmation email in the email provided by him. The confirmation must be communicated at the latest within 48 hours. After this period, in the absence of confirmation, Genius Hotel will be released from any commitment to the user.
The confirmation will in any case exempt Genius Hotel from any liability regarding the data provided by the user. The user undertakes to promptly inform Genius Hotel of any variation of his data at any time communicated.
If the user then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, Genius Hotel will have the right not to activate or suspend the service until the relative deficiencies are rectified.
At the first request to activate a profile by the user, Genius Hotel will assign the same username and password. The latter acknowledges that these identifiers constitute the system for validating user access to the Services and the only system suitable for identifying the user that the acts performed by means of such access will be attributed to him and will have binding effect against him.
The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to sell them even temporarily to third parties.

 

Art. 5 – Methods of payment and prices

The price of the services will be the one indicated from time to time on the site, except where there is an obvious error.
In case of error Genius Hotel will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, Genius Hotel will not be obliged to supply the sold goods at the lower price incorrectly indicated.
The site prices are inclusive of VAT. Prices may change at any time. The changes do not apply to orders for which an order confirmation has already been sent.
Once the desired services are selected, they will be added to the shopping cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
Payment can be made via:

Credit card, ATM,

Art. 6 – Delivery

The services provided by the website will be delivered to the customer immediately and in any case no later than 30 days from the purchase made on the site.
The services will be available online or sent to the email address provided by the customer at the time of purchase.
If delivery cannot take place for reasons not attributable to any of the parties, the user will be fully reimbursed for the payment.

Art. 7 – Transfer of risk

The risks relating to the products will be borne by the buyer starting from the time of delivery. The ownership of the products is considered acquired as soon as the complete payment of all the amounts due in relation to the same, including the shipping costs, or at the time of delivery, if this occurred at a later time, is received.

Art. 8 – Warranty and commercial compliance

The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, in accordance with the provisions of Italian legislation.
If the purchaser has entered into the contract as a consumer, any natural person acting on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid provided that the defect occurs within 24 months from the date of product delivery; that the buyer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter; that the online return form is completed correctly.
In the event of non-compliance, the purchaser who entered into the contract as a consumer will be entitled to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or resolution of the contract relating to the disputed goods and the consequent return of the price.
All return costs for defective products will be borne by the seller.

 

 

Art. 9 – Withdrawal

In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
The user who intends to exercise the right of withdrawal of the purchase can send an email, indicating the order number and name of the user, to:

hotelgenius@pec.it

The purchaser must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not mandatory.
The goods can be returned at any point of sale or collection present on the Italian territory, as will be indicated on the web page at the time of purchase.
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the reimbursement until receipt of the goods or until the demonstration by the buyer of having sent back the goods.
The right of withdrawal will not apply if the services and products of Genius Hotel are included in the categories of art. 59 of Legislative Decree 206/2005.
The site will make the refund using the same payment method chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for the repayment.

 

Art. 10 – Data processing

By using the site, you authorize the processing of your personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, concerning the protection of individuals with regard to the processing of personal data and the free circulation of such data.
The data controller is Scaringella Gennaro.
The data controller, appointed by the owner, is Scaringella Gennaro.
The data will be processed at SP 231 km 32.00.
The data processing takes place exclusively in electronic form, using IT tools and supports to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
The processing of the data provided by users with regard to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
The purpose of the use of such data is the execution of the purchase order and payments, the communication of the data to third party providers of payment services, of shipping as well as informational contacts about the activities and services of the site, commercial offers from affiliated companies and commercial partners.
The provision of data and consent to the processing for the purposes set out in the contract or to process the order and its payment is necessary for the conclusion itself and for the execution of the contract therefore the refusal to provide such data or to provide the consent to the relative treatment has as consequence the impossibility for the user to buy the products and the services of the offers.
The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to its processing may result in the user being unable to receive such additional services.
The user always has the right to have his data updated, rectified or integrated, the deletion, transformation into anonymous form or blocking of data processed in violation of the law including those for which storage is not necessary in relation to the purposes for which the data was collected or subsequently processed, the attestation that the operations were brought to the attention, also with regard to their content, of those to whom the data was communicated or disseminated, except in the case where such fulfillment proves impossible or involves the use of means manifestly disproportionate with respect to the protected right.
The user has the right to object, in whole or in part to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of collection and to the processing of personal data concerning him for the purpose of sending advertising or sales material direct or for carrying out market research or commercial communication.
The user can also revoke the consent to the processing of his / her data previously given to Genius Hotel at any time.
All rights provided by EU Regulation 2016/679 can be exercised by the user, by writing to the following email: info@geniushotel.it
At the first visit, the user will be asked to choose their own language and will offer the possibility to save the language of preference. To this end, the user authorizes the use of identification codes c.d. cookies, i.e. small files sent from your internet server and recorded on your computer’s hard drive.
The hard drive collects information on the user’s language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.

 

Art. 11 – Safeguard clause

In the event that one of the clauses of these General Terms and Conditions of Sale were void for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.

Art. 12 – Contacts

Any request for information can be sent by e-mail to the following address info@geniushotel.it, by telephone to the following telephone number: 0808987454, and by mail to the following address:

SP 231 Km 32.00 Corato 70033 Bari

Art. 13 – Applicable law and competent court

These General Terms and Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the purchaser. Consequently the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law.
Any disputes concerning and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the purchaser is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.

These conditions have been drawn up on 06/25/2019.