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The present document sets out the terms and conditions of use of the website https://timeadventures-escaperoomroma.it/ which offers Escape Room services provided by the owner of the Application.
To allow for a full understanding and acceptance of these terms and conditions, the following terms, in singular and plural, shall have the meanings as indicated below:
The use of the Application implies the User’s acceptance of the Conditions. If the User does not wish to accept the Conditions and/or any other notes, legal notices, or information published or referred to therein, they may not use the Application or its related services.
The Conditions may be modified at any time.
The applicable Conditions are those in effect at the time of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to vary, at its discretion, at any time, even after the User’s registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, by communicating to the User, if necessary, the relevant instructions.
All Products offered through the Application are described in detail on their respective product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies, or small differences may occur between what is published on the Application and the actual Product. Additionally, any images of the Products are for representation purposes only and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Consumer Users.
For individuals, purchases are allowed only if they are of legal age. For minors, every purchase and/or request for the supply of Products through the Application must be assessed and authorized by parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User shall be considered a contractual proposal for purchase, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order without the latter being able to object or complain for any reason whatsoever.
The sales contract for the Products shall be deemed concluded upon acceptance by the Owner of the User’s contractual proposal. The Owner shall accept the User’s contractual proposal by sending the order confirmation to the email address provided by the User, containing the order date, User’s data, Product characteristics and availability, price or price calculation method, any additional charges and taxes, delivery address, delivery times and any delivery charges, methods to exercise the right of withdrawal or its possible exclusion, and the warranty.
The sales contract for the Products shall not be considered effective between the parties in the absence of what is indicated in the preceding point.
In the event that the Product is not available, the Owner shall inform the User of the new delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract shall be deemed concluded with respect to the Products accepted by the Owner.
The User undertakes to verify the accuracy of the data included in the order confirmation and to immediately communicate any errors to the Owner and shall retain a copy of their order, the corresponding confirmation, and the Conditions.
To access the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the corresponding registration form and fully accept the privacy policy. ( https://timeadventures-escaperoomroma.it/?truendo_open=privacy_policy) and the Conditions.
The User is responsible for safeguarding their login credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and ensure that no third party has access to them, and to immediately inform the Owner in case of suspected or known unauthorized use or disclosure.
The User warrants that the personal information provided during the registration process is complete and accurate and agrees to hold the Owner harmless and indemnified from any damage, liability, and/or sanction arising from and/or in any way connected to the User’s violation of the rules on registration for the Application or the storage of registration credentials.
The registered User may discontinue the use of the Application at any time and deactivate their account or request its deletion through the Application interface, if possible, or by sending a written communication to the email address timeadventuresroma@gmail.com.
For each Product, the price inclusive of VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate the price in advance, the methods of calculating the price are provided.
Additionally, all possible taxes, additional charges, and delivery costs will be indicated, which may vary depending on the destination, chosen delivery method, and/or payment method used. If such cost items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and all additional costs. It is understood that any price changes will not affect contracts already concluded before the modification.
The User agrees to pay the price of the Product in the times and ways indicated in the Application and to provide all necessary data if requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, cardholder name, password, etc.).
If these third-party tools deny authorization for payment, the Owner cannot provide the Products and cannot be considered responsible in any way.
To the User who wishes to receive the invoice, billing information will be requested. The information provided by the User for invoicing purposes shall be relied upon for the issuance of the invoice, and the User declares and warrants that such information is true, releasing the Owner from any further liability in this regard.
Physical Products (including any physical goods with digital elements) will be delivered to the address provided by the User, using the methods and within the timeframe chosen or indicated on the Application and specified in the order confirmation. If not specified otherwise, the delivery terms specified in the order confirmation indicate the usual period of time required to deliver the Product from the moment it is handed over to the courier.
In the event that it is not possible to provide the requested Products, timely notice will be given to the User via email, indicating when they are expected to be delivered or the reasons that make the supply impossible.
If the User does not wish to accept the new deadline or delivery becomes impossible, they may request a refund of the amount paid, which will be promptly credited using the same payment methods used by the User for the purchase, at the latest within 14 days from the date on which the Owner becomes aware of the refund request.
Upon receipt of the Product, the User is required to verify its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no cost. Once the delivery document is signed, the User may not raise any objections regarding the external characteristics of the delivered Products.
The Owner shall not be liable to any party or third parties for damages, losses, and costs incurred as a result of non-performance of the contract due to force majeure.
The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address timeadventuresroma@gmail.com, by using the optional withdrawal form provided in the following article or any other written statement.
In the case of separate delivery of multiple Products ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal starts from the day the last Product was received.
In the event of withdrawal, the User must return the Product to the Owner without undue delay and in any case no later than 14 days from the date on which they communicated their decision to withdraw from the contract. The User shall bear only the direct cost of returning the Product, unless the Owner has declared to bear such costs.
In the event of a properly exercised withdrawal, the Owner will refund the payments received from the User using the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days from the day the User communicated their decision to withdraw from the contract.
The Owner is not obliged to refund delivery costs if the User has expressly chosen a delivery method other than the least expensive type of delivery offered by the Owner.
Unless the Owner has offered to collect the Product themselves, they may withhold the refund until they have received the Product or until the Consumer User has provided evidence of having returned it.
The Owner will not accept returns if the Product is found to be malfunctioning due to improper use, negligence, damage, physical, aesthetic, or superficial alterations, tampering, improper maintenance or wear and tear, or absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging them for the shipping costs.
The right of withdrawal from the sales or supply contract of the Products by the User is excluded with regard to:
For further clarification, please contact the Owner at the email address timeadventuresroma@gmail.com.
The User may withdraw by using the following form, which must be completed in its entirety and sent to the email address timeadventuresroma@gmail.com before the expiration of the withdrawal period:
By this letter, I hereby communicate my withdrawal from the sales or supply contract related to the following product __________
Order number:_______
Order date: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________
Consumer Users are entitled to the conformity warranty, as provided for by articles 129 and following of the Consumer Code, for all physical Products sold through the Application, except for the exclusion cases provided for by article 128 of the Consumer Code.
The Owner is liable to the Consumer User for any lack of conformity that manifests within two years from delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is presumed to have existed on that date, unless such assumption is incompatible with the nature of the Physical Product or the nature of the lack of conformity.
If the Consumer User intends to avail themselves of the remedies provided by the conformity warranty, they must send a written communication to the email address
The Owner will provide prompt feedback and indicate to the Consumer User the procedure to follow.
For matters not covered by this clause, Articles 128 to 135-septies of the Consumer Code and articles of the civil code regarding the formation, validity, and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, apply.
The User may upload Content to the Application, provided that it is not unlawful (i.e., obscene, threatening, defamatory, pornographic, abusive, or otherwise illegal, or infringing on the privacy, intellectual property rights, and/or industrial property rights of the Owner and/or third parties), misleading, or otherwise harmful to the Owner and/or third parties, or containing viruses, political propaganda, commercial solicitation, mass emails, or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold harmless the Owner from any damage, loss, or expense.
The User guarantees that the Content is submitted to the Application through their account by individuals of legal age. For minors, the submission of Content must be assessed and authorized by parents or those exercising parental responsibility.
The User is solely and exclusively responsible for the use of the Application regarding the functions of publication, consultation, management of Content, and contact between Users, and is therefore the sole guarantor and responsible party for the correctness, completeness, and legality of the Content and their own behavior.
It is prohibited to use an email address that is not owned by the User, use personal data and credentials of another User in order to appropriate their identity, or otherwise falsify the origin of the Content.
The Owner is unable to ensure precise control over the Content received and reserves the right at all times to delete, move, or modify those that, at its sole discretion, appear unlawful, abusive, defamatory, obscene, or infringing on copyright and trademarks or otherwise unacceptable.
Users grant the Owner a non-exclusive right to use the submitted Content, without geographical limitations. Therefore, the Owner may, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, broadcast, create derivative works, host, index, store, annotate, encode, modify, and adapt (including, without limitations, the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) sent by the User, even through third parties.
The submitted Content will not be returned, and the Owner shall not be liable to Users for the loss, modification, or destruction of the transmitted Content.
It is expressly prohibited, except with the explicit authorization of the Owner: i) the use of automatic ad posting systems, except those expressly authorized, ii) serial publication and/or management of ads on behalf of third parties by any means or method, iii) reselling the Owner’s services to third parties.
All content of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations, are protected by copyright law and trademark law. The Application may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner for publication in the Application. Except for strictly personal uses, copying, altering, distributing, publishing, or using the Content without specific authorization from the Owner is not permitted.
The Application is provided “as is” and “as available,” and the Owner makes no explicit or implicit warranties regarding the Application, nor does it provide any warranty that the Application will meet Users’ needs or that it will be uninterrupted, error-free, or free from viruses or bugs.
The Owner will strive to ensure that the Application is available continuously 24 hours a day, but cannot be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.
The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for malfunctions or disruptions related to the use of the internet network beyond its own control or that of its suppliers.
Furthermore, the Owner shall not be liable for damages, losses, and costs incurred by the User due to non-performance of the contract for reasons not attributable to it, with the User being entitled only to the possible full refund of the price paid and any related charges incurred.
The Owner assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment, as it does not come into contact with the payment data used (credit card number, cardholder name, password, etc.)
The Owner shall not be liable for:
In no event shall the Owner be liable for an amount exceeding twice the cost paid by the User.
The Owner shall not be liable for the non-performance or delayed performance of its obligations due to circumstances beyond the reasonable control of the Owner, including force majeure events or, in any case, unforeseen and unforeseeable events, and in any case, independent of its will.
The performance of the obligations by the Owner shall be deemed suspended for the period during which force majeure events occur.
The Owner shall take any action within its power to identify solutions that allow for the proper performance of its obligations despite the persistence of force majeure events
The Application may contain links to third-party websites/applications. The Owner does not exercise any control over them and, therefore, is not responsible in any way for the content of these websites/applications.
Some of these links may redirect to third-party websites/applications that provide services through the Application. In these cases, the general conditions for the use of the website/application and the enjoyment of the service prepared by the third parties will apply to the individual services, for which the Owner assumes no responsibility.
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://timeadventures-escaperoomroma.it/?truendo_open=privacy_policy
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions shall be referred to the jurisdiction of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to resort to a judge other than that of the “consumer court” pursuant to Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19, and 20 of the civil procedure code.
The application of provisions that are potentially more favorable and mandatory under the law of the country where they have their habitual residence, particularly concerning the term for exercising the right of withdrawal, the term for returning Products in case of exercising such right, the methods and formalities of communication of the same, and the legal warranty of conformity, is reserved for Consumer Users who do not have their habitual residence in Italy.
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides a tool for alternative dispute resolution. This tool can be used by the Consumer User to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the online contract. The platform is available at the following address: ec.europa.eu/consumers/odr/
Date: 09/10/2023
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