Terms & Conditions
These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through sellers) made available online, through any mobile device, by email. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a purchase, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the privacy statement and cookies).
These pages, the content and infrastructure of these pages, and the online purchase service provided on these pages and through the website are owned, operated and provided by QUALYTALY.COM and are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
" QUALYTALY.COM," "us," "we" or "our" means QUALYTALY.COM, a limited liability company incorporated under the laws of Italy, and having its registered address at Cortili street , 70038, Terlizzi (Bari), Italy.
"Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by QUALYTALY.COM.
"Service" means the online selling service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers/Sellers on the Platform.
"Supplier" means the provider/seller of products and/or services available for online purchase on the Platform.
SCOPE OF OUR SERVICE
Through the Platform, we (QUALYTALY.COM and its affiliate partners) provide an online platform through which Suppliers can advertise their products and service, and through which visitors to the Platform can make such purchase. By making a reservation through QUALYTALY.COM, you enter into a direct (legally binding) contractual relationship with the Supplier/Seller with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your purchase, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.
When rendering our services, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an Extranet through which they are fully responsible for updating all prices, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the price and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
PRICES, CROSSED-OUT RATES AND BEST PRICE GUARANTEE
The prices on our Platform are highly competitive. All prices, including shipping costs, are displayed including VAT/sales tax if applicable and excluding any taxes related to the customers’ shipping destination country - inland taxes (such as excise) and border taxes.
Sometimes cheaper prices are available on our Platform for a specific product or service, however, these prices made available by Suppliers may carry special restrictions and conditions. Please check the relevant product and service conditions and details thoroughly for any such conditions prior to making your purchase.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual prices may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
PRIVACY AND COOKIES
FREE OF CHARGE
Our Service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (purchase) fees to the rate.
Suppliers pay a commission (being a small percentage of the product price (e.g. product)) to QUALYTALY.COM after the end user has completed the purchase of the service or product of the Supplier.
CREDIT CARD OR BANK TRANSFER
If applicable and available, certain Suppliers offer the opportunity for purchases to be paid (wholly or partly and as required under the payment policy of the Supplier) to the Supplier during the purchase process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, QUALYTALY.COM facilitates (through third-party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Supplier (QUALYTALY.COM never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodations provider through a third-party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Supplier will in each case constitute a payment of (part of) the purchase price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For all prices or special offers, anticipated payment will be required for bank transfer (if foreseen as payment method by Partner/Seller) or credit card; please note that your credit card may be pre-authorized or charged (sometimes without any option for refund) upon purchase. Please check the product details thoroughly for any such conditions prior to making your purchase.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges you the deductible because of unauthorized transactions resulting from a purchase made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customers@QUALYTALY.COM). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card purchases made using QUALYTALY.COM's secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
ACCESSING AND USING THE SITE
We remind you that is your duty and responsibility to ensure the protection of electronic devices and tools used by you for surfing the Internet, taking and using all appropriate measures, devices and security software to ensure safe surfing. In particular, QUALYTALY.COM, as permitted by law, provides no guarantees as to the absence of risks deriving from spyware, viral, fraudulent software or in any case software intended to damage, infect, violate and gain inappropriate access to the User's electronic devices and computer tools ("trojan", "worms", "logic bombs", "denial-of-service attacks", etc.).
QUALYTALY.COM, as permitted by law, also declines responsibility or liability for any damage, infection from virus, unauthorized access and intrusion, identity theft, "phishing" and other fraudulent conduct, on electronic devices and tools used by the User or third parties to browse the Site.
The User is also obliged not to make improper use of contact data (for example, physical or email addresses, phone numbers, etc.) and of any Contents found on the Site. By way of example, it is therefore prohibited from sending any advertising, promotional materials, or any other form of solicitation that is not authorized or requested in advance by the recipient. It is also forbidden to attempt to gain unauthorized access to the Reserved Area of the Site and to any Site server, database or application.
Access to and browsing the Site's Reserved Area for the Purchase of Offers is allowed only for Users that have registered and obtained the Login Credentials to the Reserved Area.
To register the User must be an adult under Italian law. When Registering the User shall assume any and all civil and criminal law liability in respect of false statements and information relating to age.
Login Credentials give the User a unique identification. The User then has the obligation to keep Login details confidential and secret and to keep them with due care, assuming any and all liability in the event of loss, theft, deletion or improper use by third parties due to negligence and carelessness.
In particular, by continuing to browse the Site, you agree to observe the following procedures and security measures:
- keep Login Credentials confidential, secret, guarded and protected;
- never reveal Login Credentials to third parties or allow them to use them;
- do not write, record, or save Login Credentials in any way or form;
- never leave your computer or other electronic device unattended while you are browsing the Site.
Should you find out or suspect that your Login Credentials have been lost, or been disclosed or read, or are being accessed by someone other than you, you must immediately notify QUALYTALY.COM as specified in the Privacy section of the Site.
QUALYTALY.COM may in any case refuse Registration or cancel an existing Registration at its discretion, without having to give advance warning to the User or provide reasons for the non-Registration. QUALYTALY.COM is also entitled, at its sole discretion and at any time, to disable or to replace the Login Credentials of one or more Users.
CANCELLATION and RIGHT of WITHDRAWAL
Notwithstanding the provisions on return and right of withdrawal, customer can cancel unexecuted orders by contacting Customer Service at the following e-mail: email@example.com. In case of cancellation, the payment will be refunded using, where possible, the same payment channel by which it was placed the order.
Orders can be canceled also without having to specify the reasons for doing so but in such case, cost of the order management will be charged.
Order cannot be canceled once the shipping is initiated.
Pursuant Italian ‘Consumer Code’ - Legislative Decree no. 206/2005 -, the Customer is entitled to withdraw from the purchase contract, without any penalty and without having to specify the reasons for doing so, within the terms and according the procedere set out in the articles.
Please note that the right of cancellation can be exercised within 14 working days of the receipt of goods purchased or within 14 working days of the time of purchase in the case of the provision of services contacting by mail to that effect to the Customer Service (firstname.lastname@example.org).
Once received the said email and the Seller has checked compliance with the 14-day requirement mentioned above, the Seller, through its Customer Service, will send an email to the Customer explaining the steps to be followed in order to return one or more products (see ‘Returned Products’).
Returned Products must reach Seller within 14 days from receipt by the Customer of the email containing instructions on how begin the "return process".
Once it has received the said products, Seller will start a refund procedure, provided that the products have been sent within the 14-day period mentioned above (either the postmark date or the date of collection by a courier shall serve as proof of dispatch), are in perfect condition and complete with the original packaging.
If an order includes several Products, the Customer may exercise his/her right of withdrawal with regard to one or more of said Products, provided that the Customer specifies in the notice of withdrawal which Products he/she intends to return. In this case, the refund will be provided as per above.
In consideration of the characteristics of the products, it is excluded under and for the purposes of Article 59, paragraph 1, letter e) of the Italian Consumer Code, the ability for the customer to exercise the right of withdrawal in the following cases:
- orders of Products that are fresh or stored at a controlled temperature; .
- orders of Products that are made to measure or clearly customized; .
- orders of Products that are liable to deteriorate or expire rapidly; .
- orders of sealed Products that do not lend themselves to being returned for reasons of hygiene or protection of health or that have been unsealed after delivery;
and moreover the right of withdrawal do not apply in the case of
• use and / or partial opening of the Product and / or its packaging;
• damage to the product for reasons other than transportation.
In such case, if sent to the Seller, the Products will remain in storage at the warehouse of the Seller to the Customer for collection at your expense and expenses.
The returns procedure is initiated only following a request by the Customer to exercise the right of withdrawal or following a request for return of a non-compliant product (defective, damaged, not edible – in the case of food products –, etc.), within 14 working days of the receipt of goods purchased or within 14 working days of the time of purchase in the case of the provision of services contacting by mail to that effect to the Customer Service (email@example.com).
In any case, following a request from the Customer, the Seller will ensure that the necessary conditions for initiating the returns procedure have been met.
Following the beginning of the return process, Seller will send the Customer an email containing instructions on how to return the product(s) in question.
If the product(s) are being returned due to the Customer exercising his/her "right of withdrawal", Customer may deliver to the Seller’s warehouse the goods or let the Merchant have a courier collect the product(s) in question at a location specified by the Customer, provided that such location is in Italy. The Customer shall agree to having the product(s) collected by the courier at the specified location on a working day. Client pays return costs.
If the product(s) are being returned due to the “guarantee for non-compliant product”, Customer may deliver to the Seller’s warehouse the goods or let the Seller have a courier collect the product(s) in question at a location specified by the Customer, provided that such location is in Italy. The Customer shall agree to having the product(s) collected by the courier at the specified location on a working day. Client pays return costs if not clearly stated by the Seller in the confirmation return mail as returns “free of charge”
The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the Customer or a copy of the consignment note attached to the package when first received by the Customer. Under no circumstances will C.O.D. or carriage forward packages be collected.
The shipping, until the certificate of receipt in the warehouse indicated by the Seller is under the full responsibility of the customer.
Once returned the goods/product, the Seller will verify the conformity of the return and will authorize reimbursement. The customer will receive an e-mail confirming the acceptance of the return request.
Payments will be refunded using, where possible, the same payment channel by which it was placed the order.
CORRESPONDENCE AND COMMUNICATION
By completing a purchase, you agree to receive (i) an email giving you information on your to your order, and (ii) an email which we may send to you promptly after your purchase inviting you to complete our customer review form. Please see our Privacy and Cookies Policy for more information about how we may contact you.
QUALYTALY.COM disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. QUALYTALY.COM cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure your purchase, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against QUALYTALY.COM or in respect of the Service must be promptly submitted, but in any event within 14 working days of the receipt of goods purchased or within 14 working days of the time of purchase in the case of the provision of services contacting by mail to that effect to the Customer Service. Any claim or complaint that is submitted after the 14 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of prices and availability, we strongly suggest to make screenshots when making a purchase to support your position (if needed).
RANKING, PREFERRED PROGRAM, STARS AND CUSTOMERS’ REVIEWS
The default setting of the ranking of Suppliers/Partners on our Platform is is created through a fully automated ranking system (algorithm) and is based on multiple criteria.
The completed customer review may be (a) uploaded onto the relevant Supplier's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by QUALYTALY.COM at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by QUALYTALY.COM. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The customer review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your purchase as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including prices, availability, Seller’sratings and products/services’ details) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, strike, force majeure or any other event beyond our control.
Whether or not the Supplier has charged you for your product or service, or if we are facilitating the payment of the product/service) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (product/service) price to the relevant tax authorities. QUALYTALY.COM is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (product/service purchase) price to the relevant tax authorities. QUALYTALY.COM does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that QUALYTALY.COM may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as QUALYTALY.COM at its discretion sees fit. You are granting QUALYTALY.COM a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as QUALYTALY.COM at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Sellers) due to QUALYTALY.COM publishing and using these photos/images. QUALYTALY.COM does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of QUALYTALY.COM. QUALYTALY.COM disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by QUALYTALY.COM at any time and without prior notice.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by QUALYTALY.COMQUALYTALY.COM, its suppliers or providers.
QUALYTALY.COM exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the customers’ reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the customer’s reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including customer reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or customer reviews, you hereby assign, transfer and set over all such intellectual property rights to QUALYTALY.COM. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with italian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
The original Italian version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Italian version and any other language version of these terms and conditions, the Italian language version to the extent permitted by law shall apply, prevail and be conclusive. The Italian version is available on our Platform (by selecting " Italian " language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
ABOUT QUALYTALY.COM AND THE SUPPORT COMPANIES
The online purchase service is rendered by QUALYTALY.COM, which is a private limited liability company, incorporated under the laws of the Italy and having its offices at Via Cortili s.c., 70038 Terlizzi (Bari) Italia and registered with the trade register of the Bari’s Companies Houseunder registration number REA 580612, Bari’s Companies House Register’s number and tax code 07772780727, VAT registration number IT07772780727.
QUALYTALY.COM has its headquarters in in Terlizzi (Bari) Italia and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of QUALYTALY.COM. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain or host the Platform). The support companies do not have any power or authority to render the service, to represent QUALYTALY.COM or to enter into any contract in the name of, for or on behalf of QUALYTALY.COM. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of QUALYTALY.COM. QUALYTALY.COM does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in in Terlizzi (Bari) Italia.