These terms and conditions are applicable to all sales contracts signed between any Purchaser buying a “Ferrari Driving Course” at the online internet store at store.ferrari.com/events (hereafter the “Purchaser”) and
triboo digitale s.r.l., legal offices in Milan, Viale Sarca 336, Edificio 16, Italy,
shared capital euro 42.678,00 entirely paid in, REA MI 1901658,
VAT code and Registry of Businesses of Milan number 02912880966
company subject to management and coordination activity
of the parent company Triboo SpA,
legal offices in Milan, Viale Sarca 336, Edificio 16, Italy,
shared capital euro 10.000.000,00 entirely paid in,
REA MI 1907817, VAT code and Registry of Businesses of Milan number 02800840965
(hereafter the “Supplier”)
triboo digitale s.r.l. is appointed by Ferrari S.p.A., Via Abetone Inf. 4, 41053 Maranello (MO), Italy (hereafter FERRARI) to sell “Ferrari Driving Courses” (hereafter “Ferrari Driving Courses”) on sale in the “Events” section on the e-commerce website (internet) at http://store.ferrari.com/ .
When a sales contract is signed, the website will be used exclusively by the Supplier, whereby it is understood that FERRARI is the sole holder of all rights to the domain, (domain name) , logos, trademarks and copyrights used on the website and products.
The Ferrari Driving Courses are sports and racing pilot courses organised by FERRARI on the circuit in Fiorano, Varano Melegari or other International Circuits with different expertise levels and theory and practical coaching. The courses are held over 2 days by professional driver coaching teams, staffed by expert and highly qualified drivers who specialise in coaching at top racing levels. All the instructors-drivers have vast international experience in this field. A number of FERRARI cars will be available to participants during the 2013 “Ferrari Driving Courses”. Participants will also be able to drive their own Ferrari cars on the circuits at the end of the course.
1. Content of the general sales conditions
The following general sales terms and conditions apply to the sale of Ferrari Driving Courses by the Supplier to the Purchaser via the online store at store.ferrari.com/events.
All contracts are regulated by the version of the general sales terms and conditions published on the website at the time the contract in question is signed (see Art. 3).
The term “Purchaser” refers to any natural or legal person making such purchases for scopes and purposes unrelated to the business activity of the same.
No amendments to the general sales terms and conditions proposed by the Purchaser will be deemed valid unless accepted in writing by the Supplier.
2. Contract sections and geographical area
The store.ferrari.com online store is destined for use by all parties, whether individuals or companies. All claims related to the website must be forwarded to the Supplier.
Ferrari clients who intend to purchase a place on a Ferrari Driving Course in 2013 can fill in the Application Form and effect full payment to the Supplier via the website, bank transfer or by credit card.
3. Finalising the contract
The information on the Ferrari Driving Courses published on the store.ferrari.com/events website, for instance technical information on the course programmes, is not mandatory and subject to change at any time, unless specifically indicated as binding.
The sale of Ferrari Driver Courses on the store.ferrari.com/events is not binding for the Supplier and is not an offer to the public, but simply an 'invitatio ad offerendum' (invite to place an order). The purchase order submitted by the Purchaser represents an irrevocable and binding request. The purchase order will be accepted by the Supplier via an order confirmation sent by e-mail. The order confirmation shall state the applicable sales conditions, the course dates, the main elements of the contract (price, payment method), the compiled order form and the data registration instruments used by the Supplier, along with any correction procedures applicable to the contents of the order.
The Contract will be finalised and come into effect when the Purchaser receives the Order Confirmation.
The order and order confirmation documents will be deemed as received when the interested parties are able to access the electronic messages.
If the Purchaser does not receive confirmation of his order, or any other form of communication from the Supplier within 24 hours from sending his order, the Purchaser should promptly contact the Supplier by e-mail at the following address: email@example.com.
4. Ferrari Driving Course Registration
The Purchaser can register for a Ferrari Driving Course on the web on the condition that the former actually owns a Ferrari car and is registered as an owner or dealer on the www.ferrari.com website. Full payment shall be effected before attending the Ferrari Driving Course, as illustrated on the order confirmation.
The Purchaser can book a place on a course, effecting full payment by bank transfer or credit card.
Payment by bank transfer will only be deemed valid if effected within 5 working days from the day the Purchaser receives the order confirmation.
If the Purchaser decides to pay by credit card, the website will automatically open the web pages of the Bank authorised to handle “online” payments; the Purchaser is required to enter all credit card information to which only FERRARI and the Supplier have access.
The Supplier reserves the right to check the general information provided by the Purchaser for accounting reasons.
If payment is effected by credit card, the total price will be charged to the Purchaser’s card when the contract has been finalised.
5. Restrictions for course participants
Participation at a Ferrari Driving Course on a specific date is subject to availability. The number of participants at each course can vary according to the level of expertise of the course in question.
Please note that youngsters under 16 years of age are not permitted to access the circuit.
The Ferrari Driving Course prices are those indicated on the website the day on which the order is sent, before the actual order confirmation is issued.
These prices are VAT inclusive.
All costs are listed separately before the order is sent and again on the order confirmation sent by e-mail.
The Ferrari Driving Course price includes 2 days on the circuit, 2 evening meals, accommodation for 2 nights, meals at the circuit, transfer from the hotel to the circuit and Ferrari Driving Course customised gifts. Each participant can be accompanied by one or more persons who will have the opportunity to attend a special guest programme at an additional cost.
Payment by bank transfer will only be deemed valid if effected within 5 working days from the day the Purchaser receives the order confirmation. Please send a copy of the payment document (transfer receipt) to the following e-mail address: firstname.lastname@example.org.
The booking will be cancelled if payment is not effected within the established deadline.
If the person effecting the payment is not the person who will actually attend the course, this information must be provided as soon as possible to the following address to avoid problems of an administrative nature: email@example.com.
The Supplier may propose other payment methods in the relative section on the store.ferrari.com website. The credit card information shall be sent to GeoTrust, via Torino, 48 - 20123 Milan - Italy ( www.geotrust.com), the company assigned to manage credit card payments by the Supplier.
All credit card data sent to Verisign Italy S.r.l. during the order processing phase is protected against unauthorised access by a 128 bit SSL (Secure Socket Layer) system.
All current browsers support SSL encryption. This data is protected and can not be accessed by any third parties, including the Supplier and FERRARI.
8. Withdrawal rights
The Purchaser hereby agrees and acknowledges that, in accordance with Art. 55 of the Consumer Rights Code (Legislative Decree n. 206 dated September 6, 2005 et seq.) he/she is not guaranteed withdrawal rights.
For further information please contact: firstname.lastname@example.org.
9. Cancellation or changes in Event dates by FERRARI
Should any changes be made to the selected course schedule, in relation to the date or time of the specific course, no refunds will be granted to the Purchaser. If FERRARI cancels the event, the Purchaser will be entitled to take part in another Ferrari Driving Course in the future, but no refunds will be available. No refunds will be granted by the Supplier in the event that the course attended by a Purchaser does not meet the expectations of the latter.
FERRARI is the sole and exclusive party responsible for the Ferrari Driving Courses. In this respect, the SUPPLIER hereby declares that FERRARI has take out a special course insurance to safeguard and protect the Purchaser against incidents that could occur during activities on the circuit, and foresees the following compensation:
- up to € 516,456.00 in the event of death or permanent disability;
- maximum amount of € 51.65 per day for temporary disability;
- maximum amount of € 15,493.71 for refunds of medical costs related to the incident.
The Purchaser acknowledges that, should an incident occur, the same shall forward all claims for compensation directly to FERRARI, who undertakes to indemnify and hold the Supplier harmless against all direct or indirect adverse consequences, however related to the Ferrari Driving Courses.
All contents of the store.ferrari.com/events online store are protected by copyright. All rights reserved to FERRARI.
It is prohibited to reproduce all or any part of the website contents, transfer any parts using electronic or traditional methods, amend, tag or exploit such contents for public or commercial purposes without express written authorisation from FERRARI in advance.
12. Governing Law
12.1. Ferrari Driving Course purchase terms and conditions are governed by Italian law.
12.2 All disputes arising pursuant to these “General sales terms and conditions” shall be the exclusive jurisdiction of the Italian Court of Law, in accordance with the Consumer Code (Legislative Decree n. 206 dated September 6, 2005). All professional business disputes between the Parties will be the exclusive jurisdiction of the Court of Milan.
13. Conclusive clauses
If any clauses in these general sales terms and conditions are found to be invalid, or subsequently become invalid, this will have no impact on the other clauses in the general sales terms and conditions or purchase contract; the invalid clause shall be replaced by a valid clause whose content reflects as far as possible the original intent and economic purposes of both Parties or following specific legal agreements.
The Supplier reserves the right to amend all or part of these general sales terms and conditions at any moment in time.
The general sales terms and conditions can be found on the website at: http://store.ferrari.com/events.
The Ferrari Driving Course programme and dates may be subject to change by the organisers due to organisational, technical or other reasons which are not foreseeable and hence beyond the control of the Supplier; in these cases no refunds or exchanges will be available to the Purchaser.
The Supplier is under no circumstances liable for damages to the Owner’s car whilst driving on the tracks at Fiorano, Varano Mugello or any other circuit, on the condition that the damage is caused by lack of vehicle maintenance or damages for which the Purchaser is responsible.
14. Data Security
All possible precautions have been taken to protect user date against loss, destruction, falsification, manipulation and improper use by third parties.
The Supplier uses Verisign services.
Verisign (http://www.verisign.com/) guarantees:
- maximum levels of online reliability and security to all users and consumers visiting the website.
that all information sent via the web browser and other means and devices will be treated as strictly confidential
For further information on the legal requirements of processing and protection of personal data, please read the Privacy Code published on the website.