General Conditions of Sale, in force since:14/07/2023
This information is provided for the site https://www.italianwithgrace.com/(Site).
Seller's data: Italian With Grace, Based in: P.za Carmine 2, Pavia 27100 (PV), Email firstname.lastname@example.org(Seller or Vendor)
Service sold on the Site: Language courses(Service).
Art. 1 Scope
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Should it be made possible by the Site, entering your tax code during a purchase implies that you are acting as a "Consumer". It is reminded that an individual is considered a Consumer if they are acting for purposes unrelated to any entrepreneurial, commercial, professional, or craft activity they may engage in. If, however, there is the option to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional". A Professional is defined as an individual or legal entity that acts in the exercise of their own entrepreneurial, commercial, craft or professional activity, or as an intermediary. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them.
1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects it is necessary to verify their conditions of sale. The Seller is not responsible for the supply of services and/or the sale of products by such subjects.
1.7 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by the same.
1.8 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.9 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.
1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current.
1.12 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected. The Seller may organise competitions and prize operations reserved for users of the Site. The regulations of each contest or prize operation will be available in a special section of the Site. Where the prizes consist of discount vouchers, purchase vouchers or equivalent forms, they may in no case be converted into money.
Art. 2 Purchases on the Site
2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, inserting the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.
2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 In order to send a purchase order it it is necessary to read and approve these General Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 After each order on the Site, you will receive an order confirmation email. The order confirmation email shall contain at least the following information: (i) Seller's data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.7 Payment of a deposit is not required to use the services offered for sale on the Site.
Art. 3 Prices
3.1 On the Site:
3.2 The Seller reserves the right to change the price of the Services, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the same.
3.3 The purchase contract is resolutively conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will be cancelled accordingly.
Art. 4 Means of payements
4.1 This article describes the payment methods available on the Site. The user may in any case contact the Seller for further information.
4.2 The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.4 Payment by bank transfer is not possible on the Site.
4.4 On the Site you can make purchases using coupons and/or vouchers. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances may coupons be converted into cash.
Art. 5 Right of withdrawal
5.1 We invite you to read with particular attention to this article, which governs the right of withdrawal.
5.2 The right of withdrawal is the right of the Consumer to terminate the purchase contract without being obliged to provide a reason. You may exercise this right within 14 calendar days from the conclusion of the contract. If you purchased as a Professional the right of withdrawal does not apply, unless otherwise agreed with the Seller. Possible exceptions to the right of withdrawal are set out in this article 5. If there are no exceptions to the right of withdrawal, this article 5 is fully applicable. In cases of withdrawal, the Seller shall refrain from using any content, other than personal data, that has been provided by you or created by you during the content of the digital content or digital service, except when such content (i) is of no use outside the context of the digital content or digital service provided by the Seller; (ii) relates solely to your activity during the use of the digital content or digital service provided by the trader; (iii) has been aggregated by l Seller to other data and cannot be disaggregated or can only be disaggregated with disproportionate effort; (iv) has been generated jointly by you and other persons, who continue to make use of it after termination of the contract. Except as set out in sub-paragraphs (i), (ii) and (iii) above, the Seller shall, at your request, make available any content, other than personal data, provided or created by you during the use of the digital content or digital service provided by the Seller. You are entitled to retrieve such digital content from the Seller free of charge and without hindrance, within a reasonable period of time and in a commonly used and machine-readable format. In the event of termination of the contract, the Seller may prevent any further use of the digital content or digital service by you, in particular by making such digital content or digital service inaccessible or deactivating your account, without prejudice to (i), (ii) and (iii) above.
The Seller refrains from using any content, other than personal data, that has been provided or created by the Consumer during the use of the digital content or digital service provided by the Seller, except when such content: (i) has no utility outside the context of the digital content or digital service provided by the Seller; (ii) solely relates to the Consumer's activity during the use of the digital content or digital service provided by the Seller; (iii) has been aggregated by the Seller with other data and cannot be disaggregated or can only be disaggregated with disproportionate efforts; (iv) has been jointly generated by the Consumer and other individuals, and if other consumers can continue to use it.
With the exception of the situations described in points (i), (ii), and (iii) of the preceding paragraph, the Seller, upon the Consumer's request, makes available to the Consumer any content, other than personal data, provided or created by the Consumer during the use of the digital content or digital service provided by the Seller. The Consumer has the right to retrieve such digital content from the Seller free of charge and without hindrance, within a reasonable timeframe and in a commonly used and machine-readable format.
In the event of contract termination, the Seller may prevent any further use of the digital content or digital service by the Consumer, in particular by making such content or service inaccessible or by deactivating the Consumer's user account, subject to the provisions outlined in the preceding paragraphs.
5.3 The seller informs you that the withdrawal is excluded for services performed before the expiry of the period of 14 days, with your express agreement to lose the right of withdrawal. For partially performed Services, the exclusion of the right of withdrawal shall apply with reference to the Services already performed.
Art. 6 Legal Warranty of Conformity
6.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
6.2 The Seller is responsible towards the Consumer for any defect of conformity of the Service that appears within two years from the purchase. The action directed to assert the defects not fraudulently concealed by the Seller is prescribed, in any case, in the term of twenty-six months from the performance of the Service. In case of lack of conformity of the Service, the Consumer has the right to the restoration of the conformity, or to receive a proportional reduction of the price, or to the resolution of the contract on the base of the conditions established by the articles 135-bis and following of the Code of the Consumer. We invite the Consumer to view articles 128 and following of the Consumer Code.
6.3 If you purchased as a Professional, the above articles do not apply.
Art. 7 Out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
7.1 The Seller informs the user who has the status of Consumer that, in the event that he has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the extra-judicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Sales Conditions (ADR bodies), specifying whether or not he intends to make use of such bodies to resolve the dispute itself.
7.2 The Seller also informs the user who is a Consumer that a European platform for the online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and initiate a procedure for the online resolution of the dispute in which he/she is involved.
7.3 In any case, the right of the consumer user to refer the dispute arising from these General Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, is not affected.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No 861/2007 of the Council, 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.
Art. 8 Customer service
8.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Foreword, or by using the contact form eventually present on the Site.
8.2 The Seller shall answer in an approximate time of 2 days.
Art. 9. Material published on the Site
9.1 Any material published on the Site is protected by copyright law no. 633 of 1941 as amended. Without authorisation from the Seller or the third party copyright holder, it is forbidden to copy, publish, modify or use in any way and for any purpose any material published on the Site.
9.2 Pursuant to the provisions of Legislative Decree No. 26 of 7 March 2023, the Site allows the publication of reviews by users. The Seller does not guarantee that the reviews published always come from consumers who have actually purchased or used the Service purchased on the Site. Among the reviews published on the Site some may have been solicited, for example by sending a discount voucher. In this case, this circumstance is duly indicated on the solicited review. In addition, reviews may be published that originate from sponsorship or a relationship with a professional (e.g. influencer); this circumstance is also duly disclosed on the relevant review.
9.3 The tool for posting reviews is developed in-house by the Seller and does not rely on an external service. For more information on how the tool works, please contact the Seller at the contact details given in Article 1.
Art. 10. Applicable law. Jurisdiction
10.1 Contracts of purchase concluded through the Website are governed by what is indicated in these General Conditions of Sale and, as provided for, by the Italian Consumer Code.
10.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the competent court is the place where the user resides or has elected domicile. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document is instead competent the Court where the Seller is located in accordance with what is provided in the Introduction.
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