General Terms and Conditions of Sale | Neh Experience

General Terms and Conditions of Sale

1 Premises.
These General Terms and Conditions of Sale apply to the Partner and the Customer in connection with the sale of products through the Platform (subject to the User's registration to the Platform or granting of personal data necessary for the purchase, in addition to the express acceptance of the General Terms and Conditions), in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code. The Experiences covered by the Contract of Sale are offered by the individual Partners, organizers of the Experiences, clearly identified on the pages of offer, purchase and notification of the Experience.

NehEx is therefore solely responsible for the development, management and maintenance of the Experience Platform and Sales Service; NehEx is therefore not responsible for any Customer Purchased Experiences, for the execution and/or performance and/or implementation of the related Experiences purchased by Customers on the Platform or, in any case, of any non-compliance or problems that may emerge before, during or after the purchase and performance of the purchased Experience (relating, by way of example, to the quality of the service, its compliance with what is described in the Platform, to accidents occurred in the course of the experience also with regard to any food intolerances and/or allergies, etc.), which are the sole responsibility of the Partner, to which the Customer is obliged to address any claim in this regard (including claims for damages).

On the basis of the foregoing, the User hereby declares that he is aware of and accepts that the purchase of the Experiences takes place directly between the Customer and the Organising Partner of the Experience, NehEx only makes available the Platform on behalf of Partners in order to offer Experience purchase contracts under the terms agreed upon by them. 
In addition to these General Conditions, Any User wishing to purchase the Experiences will therefore have to read and accept any other specific terms and conditions relating to the Experience subject to purchase prepared by the Partners before sending the Purchase Confirmation.

2 Scope of application
These General Conditions of Sale refer to all products that the Partners sell on the Platform. The sale on the Experience Platform by the Partners constitutes a form of distance contract, as regulated by Chapter I, Title III (Articles 45 and ss.) of the Consumer Code and Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce. Any changes to these General Terms and Conditions will be effective upon their publication on the Platform in the "NehEx General Terms and Conditions" section on the Platform; Users are therefore required to consult, before making any purchase, the most updated version of the General Conditions.

3 Ways to Purchase Experiences
To purchase the Experiences, the User must have reached the age of majority, have registered with the Platform in the manner indicated in article 2 of the Platform Terms of Use, and be the holder of one of the payment instruments provided (credit/debit card or payment service provider enabled on the Platform such as Paypal and Satispay). In order to be able to send a Purchase Confirmation for an Experience through the Platform, the User must read carefully and accept, by selecting the appropriate box made available during the purchase process these General Conditions of Sale and any special conditions prepared by the Partner related to the Experience subject to purchase.
The Partner - without prejudice to compensation for any damage suffered - reserves the right to refuse or cancel orders from Users who have issued incorrect, false, or otherwise inaccurate identification data or referred to third parties, or who have registered using illegal means or who have registered multiple profiles, or who have not paid the total amount of the Purchase Confirmation, or who have been involved in fraud of any kind, that have violated the General Conditions, or have a dispute with the Partner and/or with NehEx itself.

4 Conclusion of the Contract
Based on the above, the Customer purchase of the Experience must be made in accordance with the following procedure:
Choice of available Experiences;
Compilation of data and information requested by the Partner and Nehex for the performance of the services provided by the Experiences subject to purchase;
Acceptance of these General Conditions of Sale and acceptance of any special conditions provided by the Partner;
Select the "Pay" button and proceed with the payment of the total amount of the Purchase Confirmation, according to the methods indicated on the Platform;
Sending the Customer an automatic email summary of the purchase made;
The Contract of Sale with the Partner will be concluded only after the payment made by the Customer and the electronic sending of the Purchase Confirmation, which constitutes an acceptance of the purchase proposal formulated by the Partner through the publication of the Experience on the Platform. The summary email referred to in point 5 above will contain a copy (also by hyperlink) of these General Terms and Conditions and the main information regarding the Experiences purchased, which the Customer undertakes to print and store. 

The email summary of the Purchase Confirmation and its printing by the Customer are valid as confirmation of the contract concluded with the Partner following the payment pursuant to art. 51, paragraph 7 of the Consumer Code. The Customer therefore acknowledges and acknowledges that, sent such email, is discharged the obligation of documentation under the aforementioned art. 51. The Customer undertakes to print and keep such documentation as proof of purchase.
If the Customer does not receive any email summary of the Purchase Confirmation within the 48 hours and in any case within the maximum limit that allows the Customer to participate in the Experience, You will be responsible for contacting NehEx Support to check the status of your purchase.

5 Availability and type of Experiences
The Experiences are sold on the Platform according to the methods and timing indicated by the Partners on the Experience page. The amount of Experiences available for sale on the Platform is variable and the power of control over the inventory or availability of Experiences depends exclusively on the Partner. Some experiences will therefore be subject to exhaustion, others may have specific limitations in relation to events outside the control of the Partner (for example, force majeure events, such as pandemics, earthquakes, riots, strikes, etc.). The Partner (nor NehEx, which is not part of the Package Sale Agreement) may in no way be held liable for the occurrence of one or more events that may limit or cancel the availability of the Experiences or limit or prevent participation in the experience, even after the conclusion of the Sales Contract.

In the event of cancellation of the Experience for reasons independent of the will of the Partner, the same will provide - through its authorized representative to collect NehEx - the refund of the Price paid to the Customer, in the manner provided for in art. 12. 
Without prejudice to the preceding paragraph, the User acknowledges and acknowledges that:
the number, price and type of Experiences that can be purchased through the Platform (c.d. allotment) is entirely determined by the Partner;
the Partner also determines the maximum number of Experiences that can be purchased by each individual User on the Platform through their Personal Account;
the number of available seats may also be reloaded in consideration of the additional availability of the Experiences that the Partner provides from time to time to modify on the Platform, and which may therefore undergo changes before and after the Purchase Confirmation;

the Partner, at its discretion, can also offer for sale a certain number of Experiences (of the type and price indicated by the Partner) to certain groups of predetermined users on an earlier date (eg: a day before) or at the same time as the date of the opening of sales to all those who do not belong to that category;
You cannot purchase Experiences where, on the appropriate page of the Platform, the User will see the words "Not available" after choosing the date of the experience;
a plurality of Users may simultaneously make or attempt to purchase the same Experience; in this case the User who first proceeds with the sending of the Purchase Confirmation and with the payment of the total amount requested will be recognized by the system of the Platform as a Customer of that or those Experiences. The purchase of the Experiences selected by the User can therefore only take place if, when the request reaches the Platform server, there is still availability of that specific Experiences, taking into account the actions taken by other Users. However, such actions may not be recognized by the system, in which case the Customer will be offered another Experience or refund, without NehEx being in any way liable for any damages;

6 Methods of transmission of Purchase Orders

In addition to Article 4, Purchase Orders will be transmitted in accordance with the following rules.
Pursuant to Legislative Decree no. 70 of 9 April 2003 on electronic commerce, the Partner informs the User that:
to conclude the contract of purchase of an Experience on the Platform pursuant to art. 3.4, the User must complete the Purchase Confirmation in electronic format present on the Platform and transmit it to the Partner through the Platform electronically, following the instructions that will appear from time to time on the Platform, upon acceptance of these General Conditions of Sale, and make the payment of the total amount of the Purchase Confirmation;
Before transmitting the Purchase Confirmation, the User may identify and correct any errors in data entry following the instructions on the Platform at the different stages of the purchase; neither Partner (nor NehEx) will be liable for any errors made by the User in the execution of the Purchase Order (for example the number of Experiences); the User is responsible for checking the data indicated on the Experience Offering page and the Partner and NehEx do not guarantee the possibility of correcting errors due to causes attributable to the User;

the conclusion of the contract, which occurs with the electronic sending of the Purchase Confirmation by the Customer to the Partner via the Platform, must take place within the maximum time indicated on the Platform, otherwise the information contained in the order form will be lost and the User will have to proceed to the compilation of a new form, removing the Partner from any liability, in the event that in the meantime there are no more Experiences available;
Once the Purchase Confirmation has been sent and the distance sales contract with the Partner has been concluded, the Customer will be sent a summary email of the purchase made on the Platform containing: a summary of the general conditions and details applicable to the contract, the essential information relating to the Experience purchased, with details of the price, the means of payment used, as well as information regarding the customer service contacts that the Customer can contact for assistance.
it remains the Customer’s responsibility to verify in their e-mail account (including junk mail) the receipt of the aforementioned email summary of the Purchase Confirmation, which will be available and stored in the personal area of the Customer. The Customer will be able to access their Purchase Confirmation and/or related data through their "Personal account". The Customer assumes the burden and responsibility of providing its correct email address, exempting the Partner from any liability that may result from sending the email summary of the purchase to an incorrect address, or in case of failure to receive.

7 Experience, conditions and prohibitions
Each Experience purchased by the Customer remains subject to the terms and conditions provided by the Partner, organizer of the experience, and the competent Authorities. You acknowledge that certain activities or services covered by the Experiences may be subject to restrictions, restrictions, displacements and cancellations due to legal provisions or competent authorities. The Partner will make every effort to promptly inform the Customer of any changes to the Experiences. 
The Customer undertakes to follow the indications of the Partners necessary to take advantage of the Experiences purchased, undertaking to present the documentation attesting the purchase of the Experiences referred to in art. 3/4. The Customer may not resell or assign the Experiences to third parties unless expressly permitted by the Partner.
The Experiences may not be used for advertising, promotional purposes for contests or prize events without the permission of the Partner and NehEx. In any case, the use by Customers or third parties of the distinctive signs of the Partner (nor of NehEx) and other industrial property rights is not allowed.

8. Price of Experiences
The price of the Experiences, expressed in Euro and inclusive of VAT, is fixed by the Partner and is that indicated on the Platform in relation to each Experience and includes any consideration, charge or expense due to the Partner for the purchase of the Experiences (hereinafter referred to as "Price"). The Partner delegates NehEx to receive and collect the payment from the Customer, as a collection agent without representation of the Partner
The Customer declares to be aware and to accept that the Partner reserves the right to modify the Price of the Experiences at any time, provided that, in the case of purchase through the Platform, the price that will be charged to the Customer will be that indicated on the Platform in the page dedicated to the Experience and in the summary of the Purchase Confirmation and that will not be taken into account any changes (neither increasing nor decreasing) subsequent to the electronic transmission of the Purchase Confirmation. Any lower price applied by the Partner after the purchase by the Customer will therefore not entitle the Customer to a refund of the difference. In the event of material errors by the Partner in the indication of the Price on the Platform, the Customer will be informed in order to allow him to confirm the correct price (and the consequent refund or charge of the difference)or not to confirm the Contract of Sale. In the event that the Partner does not receive acceptance from the Customer and the payment of any balance within 3 (three) days from the notification, the order must be considered cancelled and the Partner will refund the amount already paid by the Customer.

9 Methods of payment
Payment for Experiences purchased through the Platform may be made by means of the payment methods set out in the following paragraphs and/or any other payment methods that may be indicated on the Platform. The Partner and NehEx reserve the right to apply, for security reasons, limitations and exclusions to the payment methods that the Customer can use to pay for the Experiences. The payment of the price of the Experiences purchased on the Platform can be made through the credit cards indicated on the Platform and in the "Payment" phase of the purchase process. The Price due is charged at the time of transmission of the Purchase Confirmation. The Customer can also make the payment by means of one of the providers used by the Platform for this purpose (e.g. PayPal and Satispay) that are indicated on the Platform and in the "Payment" phase of the purchase process. In order to ensure the security of payments made on the Platform and to prevent any fraud, the Partner reserves the right to ask the User, also through NehEx, to send by email a copy of the identity document in validity and if the holder of the Purchase Confirmation is different from the cardholder, the ID card of the latter. The request email will specify the deadline by which the document must reach the Partner and/or NehEx. Pending the requested document, the order will be suspended.

The User is obliged to send the requested documents within the indicated period, otherwise the order will be considered null and void, without prejudice to the Partner’s right to compensation for any damage that the Partner may incur as a result of the User’s non-conforming behaviour. In case of cancellation of the purchase, the User will be notified by email, and the payment made by the User at the time of purchase will be refunded to the Partner, through NehEx, in the following 14 days. The Platform uses a payment service that requires the payment provider to use the SSL security protocol. Customers accept the terms and conditions for the use of the payment processor service, to which they transmit the necessary data for payment (such as card number, cardholder expiry date, security code).
Therefore, neither the Partner nor NehEx have access to and store the data of the payment instruments used by the User for the payment of the Experiences and any liability in this regard lies with the payment provider. Likewise, neither the Partners nor NehEx may be liable for any fraud or, in general, damage resulting from the payment method chosen by the Customer and its use.

10 Exclusion Right of withdrawal from the Contract of Sale
10.1. The Partner and NehEx inform the Customer and the Customer declares that they are aware and accept that, having the Object Sales Contract, the provision of leisure services that the Partner undertakes to provide on a specific date, pursuant to art. 59, 1st paragraph, lett. n) of the Consumer Code, the right of withdrawal provided for by art. 52 of the Consumer Code. 
By virtue of the right of withdrawal, the user can, up to 14 days after the date of purchase but in any case no later than 7 days before the date of use, cancel the reservation and receive a full refund of the purchase, or use the voucher option. In case of cancellation by the User of the booking of an experience, if the request reaches less than 7 days from the date of use, no refund will be made by NehEx and/or the Partner; if the user requests cancellation within 8 days before the date of use (and no later than 14 days after the purchase of the experience), NehEx will refund the purchase equal to the purchase price (In this case, no amount will be paid to the Partner). To request a refund, the user must make the request by email to Nehex in accordance with the contractual conditions of sale.

 This communication shall contain the following information:
 10.2. optional form to exercise the withdrawal from the contract of purchase of the Experiences
The undersigned, Mr. __________________
- Purchase Code: _____________________ [enter the Purchase Code received by email or available in the user space]
- Purchased on: __________________
- Name and surname of the customer who made the purchase:
- Address of the purchaser:
- Telephone number of the Customer who made the purchase:
I therefore request the refund of the Price paid, equal to Euro _____________________.
- attach the summary email sent after the Purchase Confirmation
- send the notice of withdrawal to
In the event of withdrawal, the Partner will also refund the entire Price paid by the Customer within 10 days by means of its NehEx collection agent.
10.3 The user, up to 7 days from the date of use, may exercise the right to change the date of use by issuing a voucher (automatically produced by the platform in the dedicated user space). The voucher will have a value equal to the purchase price of the same experience and will only be used once on the platform no later than 6 months from the date of issuance of the voucher.

10.4. In the event that the Partner does not update the purchase dates, times and number of available seats of the experiences, and therefore that the Partner cannot offer the user the experience, the partner has the possibility to offer the user the selection of the voucher (as described in Art. 10.3.). If the user does not accept the voucher, the purchase amount will be charged to the partner as a penalty and the user will be refunded.

11 Limitations of liability
Purchases made through the Platform are subject to the rules of the Consumer Code in terms of warranty for defects and differences in products applicable to the type of goods and services purchased from time to time. The Customer is entitled to the rights set out in art. 130 of the Consumer Code and these rights must be exercised within the terms of art. 132 of the same Consumer Code. The Partner’s liability is regulated and identified by law (in particular the Consumer Code) and by these General Conditions and does not extend to cases not expressly provided for by these regulatory and contractual provisions.

12 Force majeure/impossibility occurred
In case of proven impossibility occurred not dependent on Nehex srl or the Partner, the amount already paid will be returned to the user. 
It remains clear that pursuant to art. 1256 c.c., no amount paid will be refunded if the impossibility occurred is attributable even for slight fault to the user.
Art. 13 Voucher and Gift
13.1 Nehex srl has inserted the special function "voucher" that allows the user to enter the platform, after making the reservation, and to take up to 7 days before the use, the issuance of a voucher that will cancel the booking and will allow you to postpone the use for the same experience or for others no later than 6 months from the date of purchase.
13.2 The aforementioned voucher can only be used once and after the new booking has been made it can no longer be used/cancelled/refunded.
13.3 If the new booking has a price lower than the value of the voucher, for the difference in value a new voucher will be issued that can also be used only once. 
13.4 Nehex srl has also included the "gift" option that allows the user to request the issue of a "gift voucher" of the amount he prefers that can be used by any user to book an experience of his choice. This "gift" is not refundable. The gift can be used for 1 time within 12 months of issue.

14 Support and complaints service
You can ask for information, send communications or make complaints to Partners by contacting Partners directly at the contact details provided in the summary email sent following the Purchase Confirmation or through the NehEx customer service dedicated to the Platform:
- by accessing the WhatsApp chat available on the Platform;     
- or to the addresses indicated in these General Conditions and/or in the "Contacts" section of the Platform.
The Customer is aware that NehEX only forwards to the Partner the communications received from the Customer and that it is not in any way responsible for managing and responding to the Customer’s reports and requests to the Partner, being totally unrelated to the Sales Contract and Experience Management.
15 Applicable law and place of jurisdiction
The Contract of Sale is subject to Italian law. In the case of User who has proceeded to purchase Experiences, the consumer protection legislation will apply and for any dispute relating to the application, execution and interpretation of these General Conditions and/or the Contract of Sale is the place of jurisdiction of the place where the Customer resides or has taken his domicile.

16 Processing of personal data
The personal data of the Customers, collected by the Partner for the purposes of the sale of the Experiences as the independent data controller, are processed in accordance with current privacy regulations, in compliance with the privacy policy prepared and made available by the Partner to the Customer.

17 Communications
The User may send communications to the Partner in accordance with the terms of these General Conditions and to the email address indicated in the summary email sent following the Purchase Confirmation.
18 Miscellaneous
If one or more of the clauses of these Terms of Sale are considered invalid and/or invalid for any reason, these provisions shall not affect the validity or enforceability of any of the remaining provisions of these Terms of Sale.

Version June 2023