Terms and Conditions
These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document. The User is asked to read this document carefully. The owner of this Website (the “Owner”) is:
Italian Teaching Srl
Location Cascina Fico 1 27057 Varzi (PV) Italy
VAT number/tax code 02972650184
Owner’s email address: amministrazione@italianteaching.it “This Website” refers to: > this site, including its subdomains and any other site through which the Owner offers the Service; > the Service; The following documents are incorporated into the Referral Terms:
To know at a glance
> The right of withdrawal applies only to European Consumers. > Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users. > Access to this Website is permitted to Users who meet the age requirements specified in these Terms. > Access to this Website and use of the Service by minors is permitted only under the supervision of parents or guardians.
TERMS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Website the User declares to satisfy the following requirements: > There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users; > The User must be at least 13 years old; > The use of this Website by minors is permitted only under the supervision of their parents or guardians;
Registration
To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner. You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of the Users to store their access credentials securely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website. By creating an account the User agrees to be fully responsible for all activities carried out with his access credentials. Users are required to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as for example the User account, login credentials or personal data, have been violated, illicitly disclosed or stolen.
Account closure
The User is free to close his account and cease using the Service at any time, following this procedure: > By contacting the Owner at the contact details in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice in the following cases: > the User has violated these Terms; and/or > access to this Website by the User may cause harm to the Owner, other Users or third parties; and/or > the use of this Website by the User may result in violation of laws or regulations; and/or > in the event of judicial investigations or government proceedings; and/or > if the User account or the use made of it are considered, at the sole discretion of the Owner, inappropriate, offensive or contrary to these Terms. The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.
Contents on this Website
Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result. In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.
Rights to the contents of this Website
The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/distributing to third parties or creating derivative works from the content available on this Website, from allowing third parties to undertake such activities through their User account or device, even without their knowledge. Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain contents available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Owner. The limitations and exclusions provided for by copyright law remain unchanged.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability. The conditions applicable to resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law. It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations or rights of third parties. Therefore, the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities – e.g. e.g. the judicial or administrative authority – whenever the User carries out or is suspected of carrying out: > violations of the law, regulations and/or the Terms; > infringement of third party rights; > acts that may significantly prejudice the legitimate interests of the Data Controller; > offenses against the Owner or a third party.
TERMS AND CONDITIONS OF SALE
Paid products and services
Some of the Products and Services offered on this Website as part of the service are subject to charges. The fees, duration and conditions applicable to the sale of such Products and Services are described below and in the respective sections of this Website.
Description of products and services
Prices, descriptions and availability of Products and Services are specified in the respective sections of this Website and are subject to change without notice. Although the Products and Services on this Website are presented with the greatest accuracy technically possible, the representation on this Website by any means is intended for reference only and does not imply any guarantee regarding the characteristics of the Product/Service purchased. The characteristics of the selected Product/Service will be specified during the purchase procedure.
Purchase procedure
Each phase, from choosing the product and/or service to placing the order, is part of the purchasing procedure. The purchase procedure is divided into 2 phases: > Phase 1: Deposit. The user pays a confirmatory deposit equal to half of the total contribution (excluding VAT) with a price freeze function of the agreed amount. > Phase 2: Balance. The user pays the balance of the agreed sum according to the agreed methods and times. The purchase procedure includes the following steps: > Users are asked to choose the desired Product/Service, to have it appear in the purchase selection, indicating, where possible, quantities and specific characteristics. > Users can check their choice, edit, add or remove items. > Users will be asked to specify their billing address, contact details and a payment method of their choice. > In the event that the purchase involves the delivery of a Product, it may be necessary for Users to indicate a shipping address. > During the purchase process, Users can, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequences. > After providing all the requested information, Users are asked to carefully check the order and can then proceed to checkout. To submit the order, Users are required to accept these Terms and use the respective button or mechanism on this Website, thereby committing to pay the agreed price.
Sending the order
Sending the order involves the following: > Sending the order by the user determines the conclusion of the contract and gives rise to the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page. > In the event that the purchased Product/Service requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User’s obligation to collaborate accordingly. > Once the order has been submitted, Users will be sent a confirmation of receipt of the order. All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them. The prices on this Website include all applicable fees, taxes and charges.
Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure. Some payment methods are linked to additional conditions or involve additional costs. Detailed information is reported in the relevant section of this Website. The payment methods marked as such are managed directly by the Owner. The Data Controller collects and stores the data necessary for the management of payments and for compliance with related legal obligations. To receive further information on the processing of personal data and related rights, the User can refer to the privacy policy of this Website. Any other payment methods, if any, are provided independently by third-party services. In these cases, this Website does not collect any payment information – such as credit card information – but receives a notification from the relevant third-party provider when the payment is successfully completed. In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from failed or rejected payments are the responsibility of the User. If you buy with Afterpay you receive your order immediately and pay in the number of installments you have chosen. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their transferees, and authorize such transfer.
Authorization for future payments via PayPal
In the event that the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User’s PayPal account. In this way this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase. Authorization can be revoked at any time by contacting the Owner or by changing your personal PayPal settings.
Possibility of photo-audio-video recording
In the case of filming taken during the course for informational purposes, before participating in the training you will be asked to sign the photo and video release, which is also necessary for the provision of the training itself.
Reservation of rights of use
Until payment of the full purchase price is received by the Owner, the User does not acquire the rights to use the Products/Services ordered. The organization of the route does not include logistical services relating to the journey or stay. In case of specific needs deriving from motor, cognitive or psychological disabilities, it is required to communicate these needs prior to registration. Participation in the course requires acceptance of the release for the use of images and videos collected during the event, for educational and informative purposes.
If the customer does not intend to sign the release for the use of the images, he will not be able to participate in the journey. The cancellation policy provides for the possibility of postponing participation in the route for which you have signed up if this request is received via email, followed by a response confirming receipt of the request from the Owner, if forwarded at least 7 days before the event. Whether there are proven reasons goes beyond the case just indicated. If necessary, it is possible to reschedule your presence to a later date than expected within the next two months from the date chosen when registering.
Provision of services
The purchased service will be performed or made available within the times indicated on this Website or according to the methods communicated before placing the order.
User Rights
Right of withdrawal
Unless the exception indicated below occurs, the User will be able to enjoy the right of withdrawal within 14 days of the conclusion of the contract, for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
Where the exception indicated below does not apply, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the period of time specified above for any reason and without the need for justification.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User can use the standard withdrawal form available at following address, or send any other explicit declaration of your decision to withdraw from the contract by e-mail to the address: amministrazione@italianteaching.it. For reimbursement purposes, the User is asked to indicate in the communication the name of the Beneficiary and the IBAN to which the sum must be credited. The withdrawal is considered exercised within the terms if the communication relating to the exercise of the right of withdrawal is sent by the User before the expiry of the withdrawal period. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration within 14 days following the date of conclusion of the contract.
Effects of withdrawal
The Owner reimburses, to Users who have correctly exercised the right of withdrawal, all payments received, with the exception of the amount equal to half of the total contribution (excluding VAT) as it is retained as a security. The refund takes place without undue delay and in any case within 15 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the “Bank Transfer” payment method.
The Consumer Customer acknowledges and accepts that in the event of execution starting before the expiry of 14 days from the signing of the contract, he will not be able to exercise the aforementioned withdrawal in accordance with the European legislation envisaged for the consumer.
Exceptions to the right of withdrawal
The right of withdrawal does not apply: > To contracts for the supply of services after the service has been completely performed, the execution having begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract. > To service supply contracts if the service cannot be provided due to the declared impossibility of the Owner to hold the scheduled event on the indicated date, who has the right to change the date of the service to be provided, subject to agreement with the User and compatibly with the available places and the dates of the scheduled events.
Limitation of Liability
Common provisions
The user declares that he is aware that during the in-person training he will be instructed clearly and precisely on the topics of the requested path, being responsible for the assimilation and consolidation of the methods according to the instructions given. Therefore, the obligation of those who provide the service is to be considered an obligation of means and not of result.
No implied waiver
Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver can be considered definitive in relation to a specific right or any other right.
Service Interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other modification, giving appropriate notice to the Users. Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law. Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Website.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property. All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will have effects on the relationship with the User only for the future. Continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must stop using the Service. Failure to accept the updated Terms could result in either party being entitled to withdraw from the Agreement. The applicable previous version continues to govern the relationship until accepted by the User. This version can be requested from the Owner. If required by applicable law, the Owner will specify the date by which the changes to the Terms will come into force.
Assignment of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users. The modification provisions of these Terms apply. The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
Safeguard clause
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.
European users
Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one. In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework. Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not imply nullity of the entire Agreement, unless the void, invalid or ineffective provisions within the framework of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden on one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Competent court
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Dispute Resolution
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably. Although the right of Users to bring legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are asked to contact the Owner at the contact details indicated in this document. The User can address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned. The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts. Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online.