TERMS AND CONDITIONS FOR ONLINE DONATIONS

Art. 1 – Definitions

For the purposes of this document, the following definitions shall apply:

  • “Foundation”: the “Fondazione Acqua dell’Elba – Ente Filantropico”, with registered office in Marciana Marina (LI), Via Aldo Moro no. 69, a Third Sector Entity registered with the RUNTS and the final beneficiary of all fundraising activities.
  • “Company”: “ACQUA DELL’ELBA S.R.L. SOCIETA’ BENEFIT”, with registered office in Marciana Marina (LI), Via Aldo Moro no. 69, acting as technical partner and promoter of certain fundraising initiatives in support of the Foundation, in furtherance of its public benefit purposes.
  • “Supporter”: any individual or legal entity making a donation or participating in a fundraising initiative in support of the Foundation.
  • “Donation” or “Liberal Donation”: any non-reciprocal contribution made by the Supporter directly in favor of the Foundation.
  • “Foundation Website”: the institutional website of Fondazione Acqua dell’Elba.
  • “Company Website”: the e-commerce website www.acquadellelba.com and other commercial channels managed by the Company.

Art. 2 – Purpose and Scope

These Terms and Conditions govern donations (hereinafter also referred to as “Liberal Donations”) made in favor of Fondazione Acqua dell’Elba and other forms of contribution to fundraising initiatives promoted by the Foundation, including those carried out in collaboration with the Company.

Making a donation or participating in any of the initiatives described below implies full and unconditional acceptance of these Terms and Conditions.

Art. 3 – Ways to Support the Foundation

The Supporter may contribute to the Foundation’s activities through the following methods:

3.1 Direct Donations (Liberal Donations)

Donations may be made online through the accepted payment methods (e.g., credit card, PayPal, bank transfer) on the Foundation Website.
Such contributions constitute Liberal Donations and are entirely allocated to the pursuit of the Foundation’s institutional purposes, as provided for in its bylaws.
Donations are voluntary in nature and are non-refundable.

3.2 Cause-Related Marketing Initiatives

The Company may promote initiatives whereby, upon the purchase of specific products through the Company’s sales channels, the Company undertakes to make a predetermined donation to the Foundation.

In this case:

  • The donor is the Company, not the Supporter/final customer.
  • The Supporter’s purchase is the condition triggering the Company’s donation.
  • This transaction does not constitute a tax-deductible donation for the Supporter.
  • Communications relating to such initiatives will clearly specify the product involved, the amount donated by the Company, and the duration of the campaign.

3.3 Donation During Checkout on the Company Website (Checkout Charity)

During the purchasing process on the Company Website, the Supporter may be offered the voluntary and optional opportunity to add a Donation of a predefined or freely chosen amount to their cart in favor of the Foundation.

Pursuant to the agreements between the Parties, the technical structure ensures that such amount is credited directly and in full to the Foundation’s bank account.

Accordingly, such contribution constitutes, for all intents and purposes, a direct Donation from the Supporter to the Foundation.

3.4 Purchase of Foundation Products (Merchandising)

The Foundation may offer for sale, directly or through partner channels, low-value goods (e.g., Via dell’Essenza passport, pins, patches), the proceeds of which are entirely allocated to financing its activities of general interest.

This transaction constitutes the purchase of goods and not a Donation. Therefore, the amount paid by the Supporter represents the price of the goods and is not tax-deductible as a liberal donation.

3.5 “Friends of the Foundation” Program

The Supporter may obtain the honorary status of “Friend of the Foundation” or “Supporter of the Foundation” by making a specific Donation through dedicated channels, under the terms set forth in the Foundation’s Regulations.

Such contribution is intended as a liberal donation supporting the Foundation’s projects.

The status of “Friend” or “Supporter” is symbolic and honorary in nature and does not confer membership rights or any other material consideration.

3.6 Conversion of Loyalty Program Points

Where provided for under the Company’s loyalty program, the Supporter may choose to convert loyalty points into a monetary value that the Company undertakes to donate to the Foundation.

Also in this case:

  • The donor is the Company.
  • By choosing the conversion, the Supporter waives a personal benefit in order to trigger a donation by the Company.
  • This transaction does not constitute a tax-deductible donation for the Supporter.

Art. 4 – Transparency and Allocation of Funds

In accordance with the principles of truthfulness, transparency, and fairness, the Foundation undertakes to use all funds collected, net of direct transaction costs, exclusively for the pursuit of its civic, solidarity, and social utility purposes, as defined in its bylaws.

The Foundation also undertakes to periodically report on the use of funds through its institutional communication channels.

Art. 5 – Tax Benefits

Cash liberal donations made in favor of Fondazione Acqua dell’Elba, as a Third Sector Entity, may benefit from tax incentives (tax deductions or deductions from taxable income) in accordance with applicable laws.

In order to benefit from such incentives, the donation must be made through traceable payment systems (e.g., bank transfer, credit/debit card, PayPal).

These benefits apply exclusively to direct, traceable, and non-reciprocal Donations, such as those described in Sections 3.1, 3.3, and 3.5 above.

Purchases of products (Art. 3.4) and initiatives where the donor is the Company (Arts. 3.2 and 3.6) do not entitle the Supporter to tax benefits.

A donation receipt will be sent to the email address provided by the donor. Donors are advised to retain the receipt and payment documentation for tax return purposes.

This document does not constitute tax advice.

Art. 6 – Information Regarding the 5x1000 Tax Allocation

Where included in the relevant ministerial lists, the Foundation may be designated as a beneficiary of the Italian “5x1000” IRPEF tax allocation.

Choosing to allocate the 5x1000 to the Foundation is a voluntary and free act that taxpayers may perform when filing their tax return by indicating the Foundation’s Tax Code in the relevant section.

Such choice does not constitute a donation, but rather a different allocation of a portion of taxes due.

Art. 7 – Processing of Personal Data

The personal data provided by the Supporter shall be processed by the Foundation in compliance with Regulation (EU) 2016/679 (GDPR) and applicable national legislation.

The purposes of processing include the administrative management of donations, issuance of receipts, compliance with legal obligations, and, subject to consent, the sending of institutional communications regarding the Foundation’s activities.

For further details, please refer to the full privacy policy available on the Foundation Website.

Art. 8 – Governing Law and Jurisdiction

These Terms and Conditions shall be governed by Italian law.

Any dispute arising in connection with the interpretation or execution of this document, where the Supporter qualifies as a “consumer,” shall fall under the exclusive jurisdiction of the court of the Supporter’s place of residence or domicile.

Art. 9 – Amendments and Communications

The Foundation reserves the right to amend these Terms and Conditions at any time.

Any amendments shall become effective upon publication on the Foundation Website.

Art. 10 – Final Provisions

The Foundation reserves the right to amend these Conditions at any time. Any amendments shall become effective upon publication on the Website.

Making a Donation implies full and unconditional acceptance of these General Terms and Conditions.