GENERAL CONDITIONS OF SALE OF GOODS AND SERVICES
OF HI-PERFORMANCE S.R.L.
THE USER/CUSTOMER IS INVITED TO SAVE AND KEEP
THESE CONDITIONS OF SALE
1. SELLER's data: The owner of this website and its registered trademark is Hi-Performance S.r.l.
with registered office in Via Cesare Fracassini, 4, Rome, Tax Code and VAT No. 05600831001, registered in the Register of Companies of Rome, REA RM-905414, tel. +39 06 36005152 +39 06 36005152 , Fax +39 06 36000752, website http://www.hiperformance.it ("Website") Email [email protected] ("Hi-Performance" or "Company").
2. Conclusion of the contract:
The offer and sale on the 'websites' constitute a distance contract governed by Italian law: Consumer Code (art. 45 et seq. of Legislative Decree 6 September 2005, n. 206) which implemented the European Directive 97/7/EC and the Electronic Commerce Law (Legislative Decree 9 April 2003, n. 70) which implemented the European Directive 2000/31/EC. The purchase contract is validly concluded by means of electronic transmission and is considered concluded when the customer, having completed the IT form, sends the purchase order with the 'click' of his mouse (so-called "point and click"). Placing the order implies the conclusion of the purchase contract and the obligation to pay the price of the good/service.
3. Purchase of goods or services: :
For natural persons, the purchase of goods and services on the 'websites' is permitted only on condition that they are eighteen (18) years old. The customer will be asked to indicate their name, surname, e-mail address and telephone number. The Customer guarantees that the personal data provided are complete, truthful and undertakes to indemnify and hold the Company harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the falsity of the data provided. The Company sells to the customer, who purchases, the good or service selected by pressing the virtual negotiation button (so-called "point and click"). Following completion of the purchase, the Company will send the customer a purchase receipt via email containing the essential information on the good or service purchased, the price, the payment methods chosen and the conditions applicable to the purchase that the customer will have to preserve. If the good or service chosen by the customer is no longer available, the Company will propose a replacement with another good or service with equivalent characteristics, without prejudice to the customer's right to communicate his withdrawal from the contract within the terms and methods indicated in the article relating to the right of withdrawal. The Company reserves the right to refuse or cancel orders that come from a user who has previously violated the conditions and/or terms of a contract and/or who has sent false, invented, incomplete or otherwise inaccurate identification data and/or in in any way untrue or referring to third parties or having sent invalid documents.
4. Characteristics of the good or service:
All the characteristics of the good or service for sale are indicated on this website or on the Company's website. The goods or services have educational purposes but not therapeutic or curative purposes or other similar purposes. The Company does not guarantee the result of personal, professional and financial growth achieved by the authors and/or trainers since the latter have achieved important results as a result of years of study and applications. The customer assumes full responsibility for their personal, economic and financial choices as well as is aware of the risks associated with any form of investment.
DIGITAL PRODUCTS are those intangible goods or media that can be sold without being physically shipped. These products are intangible goods, which the customer/user, following payment, can immediately dispose of since they are available in streaming. The digital products will be available on the platform and the customer/user will be able to use them for the time indicated by the commercial offer to which have subscribed.
5. Price of the good or service:
The purchase price includes VAT, taxes, duties, any delivery costs and what is expressly indicated in the description of the good contained on the website; the price does not include anything not expressly indicated (e.g. travel, food, accommodation, etc.). The price can be paid by bank transfer, PayPal, Postepay or credit card. If delivery of the goods is expected, this will take place at the address indicated by the customer at the time of purchase. PROMOTIONAL OFFERS that provide for forms of payment deferral and/or price reduction are conditional on the customer respecting the payment terms; late payment will void the extension and/or reduction granted and the customer will be required to immediately pay the full price according to the Company's price list. PAYMENT: The customer is obliged to pay the price of the purchased good, unless he has exercised the right of withdrawal - if existing for the type of purchased good - in the manner and within the terms indicated in the art. 9. Failure to pay the established price will give rise to the right of the Company (i) to take action to obtain payment of the price or (ii) to terminate this agreement with immediate effect, (iii) not to allow participation in the course and/or to the purchased good and (iv) to retain any sum already received as partial compensation and/or compensation for damages suffered.
THIRD PARTY ORGANIZATION: For some national and international events the Company is a commercial DISTRIBUTOR and therefore, the type of seats sold, the postponement or cancellation of the course and the ticket refund procedure depend exclusively on decisions of the Organizer, without any intervention and responsibility of the Company. In these cases the Company only sells tickets in the name and on behalf of the course organizer and is not responsible for any postponement or cancellation of the course. In the event of postponement or cancellation of the course (i) the Company will communicate to the customer, in the name of the Organizer, the initiatives taken by the Organizer in relation to the reimbursement, in any form, of the tickets relating to the course and (ii) in no case , the customer may ask the Company for reimbursement of the tickets and service commissions and/or the costs of ancillary services (e.g. ticket delivery, translation and/or any premium for insurance coverage) if incurred, these amounts being remunerative of the supply by the Service Company and independent of the subsequent provision by the Organizer of the service relating to the course. Before proceeding with the purchase, the customer can view the terms and conditions of purchase on the course organizer's website.
ORGANIZATION OF HI-PERFORMANCE - POSTPONEMENT OR CANCELLATION OF THE COURSE: The Company may postpone the date and/or change the location of the course and/or cancel the course at any time for serious reasons (e.g. health protection and/or safety needs safety) and in such cases the Company may (i) 'transfer' the course to digital which will therefore be held in this way, without the customer's right to any indemnity and/or compensation or, in the absence of transfer to digital, the customer will have entitled exclusively to a voucher of an amount equal to the cost incurred for the course to be used within 18 months for the Company's products and services. IMPOSSIBILITY TO PARTICIPATE: In case of impossibility to take part in the course for serious reasons, within thirty (30) days before the start of the course, the customer may communicate in writing to the Company the intention to (i) transfer his participation to other person whose data (Name, Surname, Place, Date of birth, Residence, Tax code) will be indicated in the same communication or (ii) postpone his participation to another edition of the same course or at a different course, in the event that the Company does not held the same course again. In such cases, an integration of the cost of the different edition of the course or of the different course may be provided, according to the Company's price list and of any administrative costs and additional services that may be necessary to give rise to said transfer and/or postponement. AUTHORIZATION TO USE YOUR IMAGE: Also pursuant to European Regulation (EU) 2016/679 and Italian law such as Legislative Decree 196/2003 and Law no. 633/1941, the customer expressly authorizes the Company to freely use the photographs and/or images and/or audio-video footage portraying him, including on social media, for both promotional and commercial purposes, renouncing any related financial compensation. SIMULTANEOUS TRANSLATION SERVICE: In courses with foreign language trainers there may be a simultaneous translation service for a fee or included in the price depending on the commercial offer and to carry out this service the participant must use infrared headphones made available from a technical partner who requires, as a condition for use, that the participant releases credit card details as a guarantee in case of loss or damage to the headphones. PROHIBITION OF AUDIO-VIDEO FILMING: The customer is prohibited from making audio and/or video recordings of the course in order to protect the privacy of other participants and to respect the image rights of the trainer.
7. Training products (periodicals):
The customer who has purchased access to the digital training products has the right to access the contents of the platform for a duration commensurate with the type of subscription chosen. The customer will be able to pay by direct debit on their credit card in a single annual or monthly advance payment. The contract will be renewed for periods of the same duration (annual or monthly) unless the customer withdraws on the platform within the periodic expiry of the contract by expressing his refusal to renew.
The products and services offered by the Company are protected by copyright. The name of the website, the Company, the Trainer and the business partners cannot be used. The trademark, logo and any other distinctive sign present on the website is the property of the Company and cannot be used in any way or by any means. None of the contents of the website may be copied, reproduced, transferred, published or distributed in whole or in part. The customer may not copy, transfer, publish, distribute or disseminate the goods or services by any means, whether in whole or in part. All rights are owned by the Company and are reserved.
9. Right of withdrawal (art. 52 of the Consumer Code):
When a customer to whom the Company issues an invoice purchases a course, the course is considered purchased and carried out for staff training purposes. The customer-natural person who has purchased the tickets for personal purposes ("consumer") and not as a commercial entrepreneur, professional or craftsman, has the right to withdraw from the contract, without indicating the reasons, through an explicit declaration (containing Name, Surname , Place, Date of birth, Residence, Tax code, Indication of the goods/services purchased subject to withdrawal, Date of order and receipt of the goods, Signature) of the decision to withdraw which you must send before the withdrawal period expires (14 days ) starting from the day of conclusion of the contract or, in the case of contracts for the periodic delivery of goods, from the day on which the client acquires physical possession of the first good. The Company, within fourteen (14) days from the date on which it became aware of the withdrawal exercise, will refund the amount paid by the consumer for the good/service for which the withdrawal was exercised, without any additional charge. In the case of the sale of material goods (and therefore other than digital contents, e-books etc.) the reimbursement may be suspended until the goods are received. For the purpose of exercising the withdrawal, the consumer customer is required to return the intact goods to the Company within fourteen (14) days from the date of communication of the withdrawal, with the burden and expenses at his/her own expense. The Customer is responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves.
EXCLUSION OF THE RIGHT OF WITHDRAWAL: The customer renounces the right of withdrawal and therefore cannot exercise the right of withdrawal in the cases provided for by the art. 59 of the Italian Consumer Code (Legislative Decree 6 September 2005, n. 206) and therefore in the case (i) of supply of digital content with a non-material support (e.g. files downloaded via the internet or sent via email, e. book, streaming, download, etc.) the customer waives the right of withdrawal from the moment the customer receives the digital content (ii) supply of services whose execution began before the deadline for the exercise of withdrawal, (iii) the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned, (iv) the supply of sealed audio or video recordings or sealed computer software that has been opened after delivery (e.g. CDs, DVDs, audio-video courses etc.), (v) of supply of newspapers, periodicals and magazines and (vi) with regards to Courses, Seminars, Events and similar, the Company informs the Customer who, having the Purchase Contract as its object the provision of services relating to free time (digital courses open to the public) with a commitment to provide such services on a specific date or in a pre-established period, to the Contract, pursuant to the art. 59, first paragraph, letter. n) of the Italian Consumer Code, the right of withdrawal does not apply and therefore even in these latter cases the Customer WILL NOT BE ABLE TO EXERCISE THE RIGHT OF WITHDRAWAL.
10. Exclusion from liability:
The Company cannot be held responsible for damages, direct or indirect, of any nature, suffered by the Customer in relation to participation in a course. The customer participates in the courses under the guidance of specialized trainers. The Company is not responsible either for compensation or for damages for the failure and/or poor functioning of the Site and/or for disservices and/or interruptions of services due to force majeure and not dependent on its will such as to prevent, in whole or in part, from fulfilling the contract with the customer within the agreed times or ways. The Company also does not guarantee the continuity of the online service as this is linked to the correct functioning of the national and international data and telephone networks and the correct functioning of the servers and other electronic devices that make up the internet network system; for this reason the Company cannot in any way be considered responsible either for compensation or for damages and/or default due to the malfunctions caused by the incorrect or non-functioning of the systems just mentioned. The Company undertakes to fulfill the commitments undertaken towards the customer as soon as the correct functioning of the Site and/or the internet is restored. Furthermore, the Company is not responsible for the malfunctioning of the services offered due to the non-conformity and/or adequacy of the devices with which the customer is equipped. The Company will not be responsible if the digital good/product is deleted or the platform on which the purchased good is located, for any reason, is closed or ceased after the period foreseen by the commercial offer to which the customer has subscribed.
The customer, who declares to be 18 years old (+ 18 years), with the conclusion of the contract, with participation in prize competitions or by downloading free material and content from the Company's websites, declares to have carefully read the information provided for by the art. 13 and 14 of EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free circulation of such data, present on the site and to have expressed consent to their processing. The data provided by the customer will be used by the Company - data controller - according to the principles of correctness, lawfulness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality for the purpose of executing this order and keeping updated the customer. Therefore, the data may also be processed for direct advertising marketing purposes on products and/or services of the Company, its brands and its commercial partners, even with automated methods as well as for the purposes of developing products and services, also being able to make use of an automated decision-making process, including, sometimes, profiling. Your data will be processed both manually and electronically and will be communicated to third parties in relation to the obligations related to the correct performance of the contract. The customer may at any time exercise the rights provided for in articles 15 et seq. of EU Regulation 2016/679.
12. Applicable law and competent court:
This contract is governed by ITALIAN LAW (art. 1321 et seq. of the Civil Code, Legislative Decree 9 April 2003, n. 70 Electronic Commerce Code and Legislative Decree 6 September 2005 , n. 206 Consumer Code). The Customer undertakes to amicably settle any dispute that may arise in relation to this contract and therefore it is expected that any dispute will be the subject of a PREVENTIVE MEDIATION OR CONCILIATION ATTEMPT in order to reach an amicable solution. EXCLUSIVE COURT OF ROME. In the absence of a successful outcome of the mediation or conciliation, the Court of Rome will have exclusive jurisdiction for any dispute. For disputes in which a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out ("consumer") is a party, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the natural person/ consumer, if located in the territory of the Italian State. Digital and message recordings constitute evidence in the event of any disputes.