Where in these General Terms and Conditions terms are referring to natural persons appear only in the masculine or feminine form, they shall equally refer to men and women
1. Subject
1.1. These general terms and conditions of sale (hereinafter the “Conditions”) shall apply to the purchase, by users falling within the definition of “Consumers” and of “Professionals”, pursuant to the following Clause 1.2, through the website https://pzeroexperience.pirelli.com/en-ww/circuits/redbullring (hereinafter the “Site”) of a package named “P ZEROTM Experience” (hereinafter the "P ZEROTM Experience Package") which will entitle the Buyer (as defined below) to participate, at the Red Bull-Ring Circuit (hereinafter the "Circuit") to a day on track (hereinafter the “Event”) with his/her own car having the characteristics indicated on the Site.
The date available for the use of the P ZEROTM Experience Package and the relevant descriptions are published on the Site.
1.2.Each P ZEROTM Experience Package is sold by Pirelli GmbH, with registered office at Lemboeckgasse 47 A, 1230 Wien, Austria, Vat No: ATU14205803 (hereinafter "PIRELLI").
The parties involved in the purchase of the P ZEROTM Experience Package via the Site shall be PIRELLI, as seller (hereinafter the "Seller") and the party, who purchases the P ZEROTM Experience Package not for the operation of his/her business pursuant to Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) (hereinafter the "Consumer"), or for the operation of his/her business (hereinafter the "Professional") as the buyers (the Consumer and the Professional shall individually be referred to as the “Buyer” and jointly as the “Buyers”). The Seller and the Buyer, as the case may be, shall be referred to jointly as the "Parties".
Pursuant to these Conditions, the Buyer is the registered owner of the P ZEROTM Experience Package, who will be the one who will drive the car – as indicated during the registration/purchase - at the Circuit.
1.3. Any communication by the Buyer, in connection with and/or in relation to the purchase of the P ZEROTM Experience Package, including, but not limited to any notifications, claims or requests concerning the purchase and/or delivery of the P ZEROTM Experience Package, etc., shall be made to the addresses and in accordance with the modalities indicated on the Site or to the email address pzeroexperience.centraleurope@pirelli.com (hereinafter the "Customer Service").
1.4. All purchases are regulated by the Conditions published on the Site at the time the order is submitted by the Buyer.
1.5. If one or more sales are made to a Professional, the Conditions shall apply but, notwithstanding the provisions of the same:
1.6. When the purchase order is transmitted, the Buyer accepts that confirmation of the information on the order made, and on these Conditions, sent to them via e-mail to the address they provided during registration on the Site, or during the purchase process.
1.7. Buyers must be aged 21 or over in order to make purchases of one or more P ZEROTM Experience Packages on the Site and have legal capacity.
1.8. The Buyer shall be responsible for any costs incurred to connect to the Site via the internet, including any telephony costs incurred by the Buyer with their service provider, with the exception of telephony costs resulting from a Consumer contacting the Seller after the conclusion of the contract that are higher than the basic rates provided by their service provider.
2. The P ZEROTM Experience Packages features and important rules for the access to the Circuit
2.1. Each P ZEROTM Experiences Package is sold by the Seller with the features described on the Site and in accordance with the Conditions published on the Site, at the time the order is sent by the Buyer, with the exclusion of any other terms or conditions.
2.2. The Seller reserves the right to amend all or part of these Conditions, at any moment in time, and as its own discretion without giving any notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, but will only apply to orders placed from that date onwards.
2.3. Sales prices of the P ZEROTM Experience Package sold on the Site and/or the characteristics of the same, are subject to change without notice and, therefore, the Seller does not assume any responsibility in the event of changes in the contents of the P ZEROTM Experience Package and/or program variations. Such changes only apply to orders placed after the date of the contents change. In any case, the Buyer is advised to check the final purchase price, before submitting the order, pursuant to Clause 3 below.
2.4. Users from all over the world can access this Site; however, the P ZEROTM Experience Package, available on the Site, can only be purchased by users who request the execution of the P ZEROTM Experience Package in Austria.
2.5. The possibility of accessing the Circuit, following the purchase of a P ZEROTM Experience Package, will be allowed only to Buyers (i) who are legitimate owners or possessors of the cars belonging to a list published by PIRELLI (1) and who (ii) have a driving license in the course of validity, issued for at least 36 (thirty six) months and not subject to suspension or other sanctioning measures.
The access to the Circuit will not be allowed to people other than the Buyers, nor to cars other than those indicated in the list published by Pirelli.(2)
2.6. The access to the Circuit by each Buyer is subject to:
(i) the unconditional prior reading and subscription by the Buyer of the Drivers' release which can be seen here here (3);
(ii) the unconditional prior reading and subscription by the Buyer of the P ZEROTM Experience Regulations, which can be seen here (4).
3. P ZEROTM Experience Package purchase procedure – Conclusion of each individual purchase contract
3.1. Each order submitted by the Buyer to the Seller via the Site has the value of a contractual proposal and is subject to these Conditions which form an integral part of the purchase order and which the Buyer, by placing the order, fully accepts without any reservation. Before proceeding with the purchase of the P ZEROTM Experience Package by placing an order with the Seller, the Buyer must carefully read and fully accept the Conditions, as well as the documents referenced under section 2.5 (i) and section 2.6, print off a copy of the same by clicking on the “print” function on his/her computer and save or keep a copy of the same for their own records.
3.2. The Buyer's purchase order is accepted by the Seller with the dispatch to them, at the e-mail address they provided to the Seller before confirming the purchase, of an e-mail confirming the order, which will contain a link to the text of these Conditions, the documents referenced under section 2.5. (i) and section 2.6, a summary of the order placed, including detailed price information, and a description of the P ZEROTM Experience Package ordered. The Buyer's order, Seller's confirmation of the Order, and the Conditions applicable to the relationship between the Parties, will be archived electronically by the Seller in its IT systems, and the Buyer may request copies by sending an e-mail to Customer Service.
3.3. A contract for the purchase of the P ZEROTM Experience Package is made when the Seller sends an e- mail to the Buyer confirming that the order has been accepted ("Order Confirmation").
4. Selection procedure and purchasing of the P ZEROTM Experience Packages
4.1. The P ZEROTM Experience Package presented on the Site may be purchased by the Buyer's selection of the P ZEROTM Experience Package of interest, and its placement in the virtual purchase basket. One (1)
P ZEROTM Experience Package may be purchased with each order. Each P ZEROTM Experience Package purchased must mandatorily include the Buyer, and, optionally, up to 3 accompanying persons (hereinafter referred to as “Companion(s)”), in compliance with the P ZEROTM Experience regulation (5). The name of the Buyer cannot be changed after the purchase and no other person will be permitted to drive the vehicle.
4.2. After having selected the P ZEROTM Experience Package, the Buyer will be invited to provide his/her personal data, as well as personal data of the Companions, if any, in order to complete the order and enable the contract to be finalised. The Buyer will see a summary of the order to be processed, indicating, specifically, the day of the Event, the price, the name of the Buyer, the number and name of the Companions, if any, and the model and licence plate of the vehicle: after having read them carefully, the Buyer must then expressly approve these Conditions and the documents referenced under section 2.5 (i) and section 2.6, by checking the appropriate boxes (check-box) on the Site and finally the Buyer will be asked to confirm his/her order by clicking the "PAY NOW” button. The order will then be definitively sent to the Seller and will produce the effects described in the above Clause 3.2 of these Conditions. For accounting and administration purposes, the Seller reserves the right to check the personal information provided by the Buyer. The amount of the purchase will be debited when the Seller sends the order confirmation to the Buyer. The information provided by the Buyer at the time the order is transmitted will be used for invoicing.
5. Delivery and use of the P ZEROTM Experience Package
5.1. Upon conclusion of the P ZEROTM Experience Package purchase procedure, the Buyer will receive a confirmation e-mail, at the address he/she has indicated, with the purchase order number, the name of the natural person who owns the P ZEROTM Experience Package (coinciding with the Buyer), who will drive the vehicle at the Circuit, the day of the Event, the number and names of Companions, if any, and the model and licence plate of the vehicle authorised to access the track (hereinafter, the “Pass”).
5.2. To be able to use the P ZEROTM Experience Package, the Buyer must show the Pass at the entry to the Circuit on the day of the Event, and comply with the provisions of clauses 2.5 and 2.6 of these Conditions.
5.3. If the Buyer is absent on the day of the Event, the right to use the P ZEROTM Experience Package will be lost, without possibility of reimbursement.
6. Prices
6.1. The price of the P ZEROTM Experience Packages is as indicated on the Site at the time the Buyer sends the order. Prices include VAT (at 20%).
6.2. The prices of the P ZEROTM Experience Packages do not include the costs of board and lodging, travel to and from the Circuit, or any costs not expressly specified.
6.3. The Buyer must pay the Seller the total price, as stated in the order and confirmed in the order confirmation sent by e-mail from the Seller to the Buyer. In the event of a discrepancy between the price stated in the order and the price stated in the order confirmation, the price stated in the order shall prevail.
7. Payments
7.1. Payment of the price of the P ZEROTM Experience Package purchased through the Site must be made at the same time the Seller confirms the order to the Buyer. The Buyer expressly accepts that execution of the contract by the Seller will only start after the price of the P ZEROTM Experience Package purchased is credited to the current account of the Seller.
7.2. Payment must be made by credit card, at the conditions described below.
7.3. During the payment procedure, the Buyer will be transferred on a protected site to the operator that provides acquiring services for the Seller. The data transmitted will be sent in protected mode, by encrypting the information with a 128-bit or higher SSL (SecureSocketLayer) system. Not even the Seller can access this information.
7.4. The Seller will promptly transmit to the Buyer, in electronic format to the e-mail address provided by the latter, the tax receipt for the purchase made, or an electronic invoice, if requested.
8. Cancellation – No refund for Force Majeure event
8.1. Should the Event be cancelled due to force majeure or as provided in the P ZEROTM Experience Regulations (6), the Buyer will not be entitled to any reimbursement.
This clause does not affect the terms of clause 8.2 herebelow, specifically providing for a right of refund.
8.2. In the event that the Buyer wishes to cancel his/her participation in the P ZEROTM Experience Package, the Buyer’s entitlement to any refund will be as follows:
8.3 Cancellation has to be communicated by sending an e-mail to the Customer Service.
In case the Buyer is entitled to a refund, the Seller shall refund the relevant amount without undue delay. The Seller will make such refund using the same means of payment (credit card) used by the Buyer for purchase of the P ZEROTM Experience Package. The Buyer will receive, within [14] days from his/her communication of cancellation, an email from Seller informing that the authorization to the refund has been transmitted to the payment circuit used by the Buyer for the purchase. The effective time of refund will depend on such payment circuit and no responsibility will be attributable to the Seller for the effective time refund.
9. Exclusion of the withdrawal right – Exclusion of liability
9.1. The Buyer has no right of withdrawal pursuant to Section 18 (1) (10) of the Austrian Act on Distance Selling and Sales Off Premises (Fern- und Auswärtsgeschäfte-Gesetz).
9.2. The Seller has no liability for (i) non-receipt by the Buyer of the documentation on the P ZEROTM Experience Package acquired for reasons not imputable to the Seller or his vicarious agents (Erfüllungsgehilfen) or due to (ii) non- or partial- utilisation of the P ZEROTM Experience Package due to incorrect information provided by the Purchaser (for example, incorrect e-mail address, incorrect specification of the model and/or licence plate of the vehicle or information regarding the Buyer) or (iii) due to cancellation of the event to which the P ZEROTM Experience Package acquired pertains for reasons not imputable to the Seller or his vicarious agents (Erfüllungsgehilfen).
10. Intellectual Property Rights
10.1. The Buyer acknowledges that he or she is aware that all trademarks, names and other distinctive signs, including - without limitation - the “PIRELLI” letters and logo trademark, the “P ZEROTM” trademark as well as any images, photographs, written text or graphics used on the Site or relating to P ZEROTM Experience Package are and remain the exclusive property of Pirelli & C. S.p.A., Pirelli Tyre S.p.A. or their respective owners, as the case may be (jointly and severally, the “Owners”), with no rights arising on the part of the Buyer in relation to the same as a result of access to the Site and/or purchase of the P ZEROTM Experience Package.
10.2. Unless prior specific consent is granted in writing by the Owners, no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.
11. Personal data of the Buyer and protection of privacy
11.1. To be able to proceed to process the order and to conclude the contract based on these Conditions, some personal information of the Buyer will be requested through the Site, as indicated in Clauses 4.2., 7 and 8. The Buyer acknowledges that the personal data he/she provides for the purpose of the purchase will be collected and used for the purposes indicated in the Privacy Policy (7).
11.2. The Buyer hereby declares and guarantees that the data provided during the registration and purchasing process are truthful and accurate.
11.3. For any further information on how the personal data of the Buyer are processed, please refer to the Privacy Policy (8) .
12. Security
12.1. Although the Seller has adopted measures to protect personal data against any loss, falsification, handling, and misuse by third parties, given the technical features and limitations on the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the Buyer on the Site, even after the Buyer has authenticated access (login), will not be accessible or viewable by unauthorized third parties.
12.2. With regard to credit card payments, the Seller adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
13. Applicable law, conciliation and jurisdiction
13.1 Each purchasing contract entered into between the Seller and the Buyer pursuant to these Conditions shall be governed by and construed in accordance with Austrian Law and, in particular, for Consumers, in accordance with the Consumer Protection Act (Konsumentenschutzgesetz), the provisions related to consumer contracts, the Act on Distance
13.2 Selling and Sales Off Premises (Fern- und Auswärtsgeschäfte-Gesetz) , with specific reference to the provisions related to distance contracts and, also for the Professionals, in accordance with the E- Commerce Act (E-Commerce-Gesetz) regarding some aspects of the electronic commerce. In any case, the rights eventually attributed to the Consumers by mandatory provisions of laws, when applicable, are reserved.
13.3 In case of any disputes arising between the Seller and a Consumer, a friendly conciliation attempt may be promoted by each Consumer before either “Internet Ombudsmann”, an independent and institutional service provided by the Austrian Institute for Applied Telecommunication (Österreichisches Institut für angewandte Telekommunikation), or “Schlichtung für Verbrauchergeschäfte” an independent and institutional service provided by the Association “Arbitration for Consumer Transactions” (Verein “Schlichtung für Verbrauchergeschäfte”) which consents to achieve a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe manner on the web. For further information concerning the “Internet Ombudsmann” regulation or in order to send a conciliation request, please visit www.ombudsmann.at. For further information concerning the “Schlichtung für Verbrauchergeschäfte” regulation or in order to send a conciliation request, please visit (www.verbraucherschlichtung.at).
13.4 As an alternative to the conciliation attempt referred to in the preceding Clause 13.2, the Consumer, in order to resolve any dispute arising between the latter and the Seller, might also access the European Online Dispute Resolution platform (the European ODR Platform). The European ODR Platform has been developed and is managed by the European Commission, in accordance with Directive no. 2013/11/EU and Regulation EU no. 524/2013, in order to facilitate an independent, impartial, transparent, efficient, rapid and just resolution of out-of-court disputes relating to contractual obligations arising out of online sale or service contracts between a consumer residing in the European Union and a professional established within the EU, through the intervention of an ADR (“Alternative Dispute Resolution”) body, to be selected from a list available thereof. For more details on the European Union ODR Platform or to start, through the latter, an ADR procedure relating to a purchasing contract entered into between the Seller and the Consumer please visit http://ec.europa.eu/odr. The Seller's electronic email address to be provided in the EU ODR Platform is the following: pzeroexperience.centraleurope@pirelli.com.
13.5 In the event that the Consumer or the Seller does not adhere to one of the conciliation attempts referred to in Clauses 13.2 or 13.3 above or such attempt has a negative outcome, the dispute shall be deferred to the jurisdiction of the Court where the Consumer has his or her residence or domicile, or at the choice of the Consumer the Court where the Seller is domiciled.
13.6 In case of disputes arising between the Seller and a Professional, the same shall be deferred to the exclusive jurisdiction of the Courts of Wien.
13.7 This English translation is made only in order to facilitate the understanding of these Conditions. In the event of any discrepancy between the Austrian version and this English translation, the Austrian version shall always prevail.
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