These General Conditions of Contract (GTC) govern the distance sale of NFT Experience Tickets
for home games of Parma Calcio 1913, carried out by Nodalblock S.L.U.
(hereinafter known as “OARO”) in the name and on behalf of the organizer of the
event as well as the contract for the provision of services, necessary and
accessories for the sale of such NFT Experience Tickets, lent by OARO.
2. Scope of application:
2.1 The offer and sale on the Website
of OARO and Services constitute a distance contract governed by Chapter I,
Title III (articles 45 et seq.) of the Consumer Code and by Legislative Decree
9 April 2003, n. 70, containing the discipline of electronic commerce.
2.2 These GTC may be amended at
any time. Any changes will be in force from the moment of their publication on
the Site in the "Terms and conditions of purchase" section, present
in the footer of each page of the Site. Users are therefore invited to
regularly access the Site and to consult, before making any purchase, the most
up-to-date version of the GTC.
2.3 The applicable GTC are
those in force on the date of transmission of the purchase order for an
Admission Pass. Before proceeding with the conclusion of the Contract, the user
is required to carefully read all the information that OARO provides on the
Site, both before and during the purchase procedure, and to examine and approve
these GTC, by selecting the appropriate box made available to the user during
the purchase procedure and before the conclusion of the Contract.
2.4 These GTC do not regulate
the sale of products and/or services by parties other than OARO that are
present on the Site through links, banners, or other hypertext links. Before conducting
commercial transactions with these subjects, it is necessary to check their
conditions of sale. OARO is not responsible for the provision of services and /
or for the sale of products by such subjects. On the websites that can be
consulted through these links, OARO does not conduct any control and / or
monitoring. OARO is therefore not responsible for the contents of such sites or
for any errors and / or omissions and / or violations of the law by them.
3. Purchases on the site
3.1 The purchase of NFT
Experience Tickets on the Site can only take place after registration on the
Site in the manner referred to in art. 4 below and is allowed both to users who
are Consumers and to users who do not hold this quality. Natural persons are
allowed to purchase only on condition that they are at least 18 years old.
3.2 OARO reserves the right to
refuse or cancel orders that come from (i) a user with whom it has an ongoing
legal dispute; (ii) by a user who has previously violated these GTC and/or the
conditions and/or terms of the Contract; (iii) by a user who has been involved
in fraud of any kind and, in particular, in fraud relating to credit card
payments; (iv) by users who have issued false, invented, fantasy, incomplete or
otherwise inaccurate identification data and / or in any way not corresponding
to the truth or referred to third parties or who have not promptly sent OARO
the documents requested by the same as part of the procedure referred to in
Articles. 11.1.2 and 11.1.3 that follow or have sent you invalid documents; (v)
by a user who has violated the prohibition referred to in art. 5.2 below.
4. Registration on the Site
4.1 Registration on the Site is
free. To register on the Site and create the relevant account, the user must
fill out the appropriate form, entering their personal data in the requested
form, as well as an e-mail address and password, and click on the
"REGISTER NOW" button. It is absolutely and strictly forbidden for
the user to enter, for the purpose of registration on the Site, personal data
of third parties, false, invented, fantasy data and/or, in any way, not
corresponding to the truth.
4.2 Each user can only take
advantage of one registration on the Site. It is therefore absolutely and
strictly forbidden for the user to create multiple accounts on the Site
referable to the same person, natural and / or legal, and / or companies and /
or bodies of any kind, also using data corresponding to the truth. In case of
violation of this prohibition, without prejudice to the provisions of art. 4.2
above OARO reserves the right to close all accounts referable to the same
person, natural and / or legal, and / or to the same company and / or to the
same body. The user also undertakes to indemnify and hold harmless OARO from
any damage, compensation obligation and/or sanction deriving from and/or in any
way connected to the violation by the user of the prohibition referred to in
this article 5.2.
4.3 Registration on the Site
allows the user to conduct, among other things, the following activities: -
check the status of the most recent orders and view the archive of all orders placed;
- manage your personal data and modify them at any time; - change your password.
4.4 The registration credentials
(e-mail address and password) allow the user to make purchases on the Site and
to conduct, among others, the activities referred to in art. 4.3 above. They
must therefore be preserved with extreme care and attention. Furthermore, they
can only be used by the user and cannot be transferred to third parties. The
user undertakes to keep them secret and to ensure that no third party has
access to them.
4.5 The user guarantees that the
personal data provided to OAOR, during the registration procedure on the Site
or, at any other time and/or occasion of its relationship with TicketOne, are
complete, truthful and referred to the user and undertakes to hold TicketOne
harmless and indemnified from any damage, compensation obligation and/or
sanction deriving from and/or in any way connected to the violation by the user
of the guarantee referred to in this article and/ or the violation of the rules
on registration on the Site and / or on the conservation of registration
credentials.
5. Information aimed at the conclusion
of the contract
5.1 In accordance with
Legislative Decree 9 April 2003, n. 70 containing provisions on electronic
commerce, OAOR informs the user that:1. to conclude the purchase contract for
an Entrance Ticket on the Site, the user must fill out an order form in
electronic format and send it to OARO, electronically, following the instructions that will appear
from time to time on the Site;2. if required, the order form must be sent
within the maximum time indicated on the Site;3. the contract is concluded when
the order form reaches the OARO server;4. before proceeding with the
transmission of the order form, the user can identify and correct any data
entry errors by following the instructions on the Site at the different stages
of the purchase;5. once the order form has been registered, OARO will send the
Customer, to the e-mail address indicated, the order confirmation containing: a
summary of the general and particular conditions applicable to the contract,
the essential information relating to the Ticket purchased, a detailed
indication of the price, the means of payment used, the delivery costs and any
additional costs, the delivery time as
well as information relating to Customer Service contacts that the user can
contact to request assistance and / or submit complaints. The order
confirmation e-mail, which contains a link to the GTC, constitutes the
confirmation of the contract concluded on a durable medium pursuant to art. 51,
paragraph 7, Consumer Code; the Customer acknowledges and acknowledges that, by
sending this e-mail, OARO has fulfilled the documentation obligations incumbent
on it and that, therefore, the Customer is bound by the Contract and is, in
particular, required to pay the Total Amount, regardless of receipt of the
order confirmation e-mail, which depends on third parties and / or factors that
are beyond the sphere of control of OARO (eg e-mail provider it uses the
user);6. the order form will be filed in the OARO database for the time
necessary for the execution of the same and, in any case, within the terms of
the law.
5.2 In accordance with Law no.
145 of 20 December 2018, amending art. 1, paragraph 545 et seq. of Law 232/206
(Budget Law 2017), OARO informs the user that to conclude the purchase contract
he must verify his telephone number using the validation code One Time Password
(OTP), transmitted to him by SMS. This verification can be performed during
registration, as indicated above in point 5.5, or during the processing of the
first purchase order.
5.3 The languages available to
users for the conclusion of the contract are Italian and English. Customer
Service can communicate with users in the same languages.
6. Availability of NFT Experience
Tickets
6.1 With regard to the NFT Experience Tickets that can be
purchased through the Site, OARO reports, and the user acknowledges that, in
relation to home games of Parma Calcio 1913: the package of NFT Experience Tickets
that can be purchased through the Site (so-called Tickets) allotment is
entirely determined by OARO.
6.2 NFT Experience tickets purchased through the site must be used by the
individual purchasing the ticket. The ticket cannot under any circumstances be
resold, gifted, or transferred to another individual.
7. Purchase Orders
7.1 The Contract is decisively
conditional on non-payment of the Total Amount. If such payment does not take
place, the contract will therefore be considered terminated by right. Of this
termination and the consequent cancellation of the order, the user will be
immediately notified immediately after the transmission of the order, through
the Site.
7.2 The ownership of the NFT
Experience Tickets will be transferred to the user at the time of conclusion of
the Contract. In the case of home delivery and/or collection at the Event Site,
the risk of loss or damage to the NFT Experience Tickets, for reasons not
attributable to OARO, will be transferred to the user when the user or a third
party designated by him and other than the carrier, physically comes into possession
of the NFT Experience Tickets.
7.3 In order to send an order for an
Admission Ticket through the Site, the user must carefully read and approve, by
selecting the appropriate box made available to him during the purchase
process, these GTC.
8. Payment methods
Payment of NFT Experience Tickets purchased through the Site can be made using
the payment methods indicated in the following paragraphs and/or any additional
ones indicated on the Site itself. OARO reserves the right to apply, for
security reasons, limitations and exclusions to the payment instruments that
can be used by the Customer for the payment of the Entrance NFT Experience
Tickets. Payment instruments not available in relation to a specific order
and/or a specific Ticket will not be viewable and/or selectable by the user
during the purchase process. In case of termination of the Sales Contract and
in any other case of reimbursement, for any reason, the amount of the refund
will be credited to the same means of payment used by the Customer for the
initial transaction; If this is not possible, the refund will be made by bank
transfer. OARO will ask the Customer for the bank details necessary to make the
refund.
9. Payment by credit card
9.1 Payment for NFT Experience Tickets purchased on the Site
can be made using credit cards. The credit cards accepted are indicated on the
left side of the home page of the Site and in the "Payment" phase of
the purchase process. The charge of the Total Amount due by the user to OARO is
made at the time of transmission of the order.
10. Method of collection and
delivery of the NFT Experience Tickets The delivery of the
10.1 Delivery via digital ticket to be loaded onto your smartphone
("E-ticket").
10.2 The access control system
will authorize the entry of only 1 Ticket equivalent to one single barcode. Any
copies and / or fraud resulting from improper use of the same will be
prosecuted according to law and not attributable to OARO or the Organizer. The
Organizer will not allow access to any duplicate NFT Experience Tickets under
any circumstances.
11.1 The Admission Ticket is an
admission ticket exclusively for the Event for which it was issued, for the
individual it is issued to, on the day and time indicated therein. The
Organizer has the right to refuse access to the Event Location for
irregularities of the Entry Ticket and to conduct checks on the person for
security reasons. If it appears that the Ticket has been stolen, duplicated, or
obtained in contrast with these GTC and / or the law, the Holder of the
Entrance Ticket may not be authorized by the Organizer to access the Event
Place or may be forced to abandon it. If the Admission Ticket has been lost, in
the same way, access to the Event Place will not be allowed. In any case, OARO
will not replace the Ticket if it is lost, lost, deteriorated, damaged, or
destroyed or if the Ticket has been stolen or is even partially illegible as
presented by the Customer not perfectly intact.
11.2 OARO may at any time cancel, at
the request of the Organizer and/or the authorities responsible for the
protection of public order and safety, for technical and/or organizational
reasons other than those referred to in art. 12 below and, therefore, in the
context of an Event that is not canceled, an Entrance Ticket already issued or
a purchase order relating to an Entry Ticket already made. In this case, the
Customer will be entitled to a refund of the Total Amount paid, including the
Pre-sale, Service Fees, and Additional Charges.
12.1 OARO, as a mere supplier of the OARO Services, as well as
a subject acting in the name and on behalf of the Organizer in relation to the
sale of NFT Experience Tickets, is not, in any case, responsible for any
postponement or cancellation of the Event by the Organizer. In case of
postponement or cancellation of the Event by the Organizer, OARO will
communicate to the Customer, in the name and on behalf of the Organizer, the
initiatives taken by the Organizer in relation to the refund or replacement of
the NFT Experience Tickets relating to the postponed or canceled Event.
13.4 The refund will be made by
crediting the credit card or other payment method used by the Customer during
the purchase.
13.5 NFT Experience Tickets for
cancelled Events cannot be exchanged for NFT Experience Tickets for other
Events.
14. Limitations of liability and
rights of OARO
14.1 Except in the case of willful misconduct or
gross negligence, OARO cannot be held responsible for expenses and damages,
direct and indirect, of any nature, suffered by the Customer in relation to the
sale of NFT Experience Tickets.
14.2 OARO reserves the right to
withdraw, modify, suspend, or interrupt any function or service rendered by the
same in relation to the sale of NFT Experience Tickets, where this is necessary
or appropriate for technical and / or organizational reasons, without prejudice
to the fulfillment of any Contract already concluded.
15. Prohibitions
15.1 NFT Experience Tickets may not be
resold for consideration, gifted, or transferred. NFT Experience Tickets must
be used by the individual purchasing the ticket.
15.2 Furthermore, the NFT Experience Tickets cannot constitute
the prize of prize events, falling or not falling within the scope of
application of Presidential Decree 430/2001 or other prize or promotional
initiatives (such as, by way of example, competitions or lotteries. The
Customer declares that he will not use the NFT Experience Tickets in violation
of this provision and undertakes to hold OARO harmless and indemnified from any
damage that may derive from the violation of this warranty.
16. Applicable Law and
Jurisdiction
16.1 The Contract is subject to Italian law. This is without prejudice to the
application to Consumer users who do not have their habitual residence in Italy
of any more favorable and mandatory provisions provided for by the law of the
country in which they have their habitual residence.
16.2 It is recalled that in the
case of a Consumer user, for any dispute relating to the application, execution,
and interpretation of these GTC or the Contract, the court of the place where
the user resides or has elected domicile is competent.
17. Alternative Dispute
Resolution and Netcomm21.1
Dispute Resolution pursuant to art. 141-sexies, paragraph III, Consumer Code, OARO
informs the Consumer user that, in the event that he has submitted a complaint
to OARO, as a result of which, however, it has not been possible to resolve the
dispute that has arisen, OARO will
provide him with information on the Alternative Dispute Resolution body or
bodies for the out-of-court resolution of disputes relating to obligations
arising from a contract concluded on the basis of these GTC (cc.dd. ADR
entities, as indicated in Articles. 141-bis et seq. of the Consumer Code),
specifying whether it intends to make use of these bodies to resolve the
dispute itself.
17.1 OARO also informs the Consumer
user that a European platform for the online resolution of consumer disputes
(so-called ODR platform) has been established. The ODR platform is accessible
at the following address http://ec.europa.eu/consumers/odr/ . Through the ODR
platform, the Consumer can consult the list of ADR entities, find the link to
the website of each of them and start an online dispute resolution procedure in
which he is involved.
17.2 Finally, OARO informs the
Consumer user that, if he has submitted a complaint to OARO, but has not been
satisfied with the outcome of the same or has not received a response within
the period referred to in art. 19.2 above or, in any case, within 30 days, may
initiate the joint conciliation procedure established by the Netcomm Consortium
and the Consumer Associations, to which OARO adheres. The user can find more
information on this procedure as well as the link to the relevant regulation at
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl
. The Consumer user can send the request for participation in the Netcomm
joint conciliation exclusively by fax, to the number 02/87181126 or, by e-mail,
to the conciliazione@consorzionetcomm.it address. 21.4
The user who resides in a member state of the European Union other than Italy,
may also access, for any dispute relating to the application, execution and
interpretation of these GTC, the European procedure established for small
claims, by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that
the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2.000,00. The text of
the regulation can be found on the website www.eur-lex.europa.eu21.5 In any case, the rights
of Consumer users to appeal to the competent ordinary judge for the dispute
arising from these GTC or from the Contract are reserved, whatever the outcome
of the out-of-court settlement procedure as well as the possibility, if the
conditions are met, to promote an out-of-court resolution of disputes relating
to consumer relationships. using
procedures referred to in Part V, Title II-bis of the Consumer Code.
