BETWEEN
EXTRAORDINARY s.r.l. Unipersonale, with registered offices in Bergamo (BG), Via San Giovanni Bosco 50, 24126, ITALY Tax and VAT no. 03638520167, in the person of its legal representative Claudio Belotti, (“EXTRAORDINARY”)
AND
the User, aged over 18, requesting the electronic commerce service offered by EXTRAORDINARY, (the “User”) (hereinafter jointly referred to as the “Parties”)
PREAMBLE
A. EXTRAORDINARY is a services company operating in training and coaching, owner of the Website www.claudiobelotti.it, from which it offers a free information and e- commerce service to sell its courses to the public, as described below;
B. in order to provide the service in question, EXTRAORDINARY offers the User (i.e. a person registering for free events or placing orders) an electronic system that can be activated using a form on the Website www.claudiobelotti.it;
C. use of the operations is subject to correct use of the internet, devices and software involved by the User.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS
Article 1 – Definitions
1.1 For the purposes of the Contract, the Parties agree and declare that the following terms shall have the meaning specifically assigned to them: • My Orders: the User page that provides a summary of orders made via the Website, including the total prices of the orders. • Contract: this Contract. • Access Data (for registration): the User data entered to compile the Website registration forms in order to access the Website services. • Service: the e-commerce service provided to the User by EXTRAORDINARY via the Website, for selling its courses. • Website: the collected, individual or groups of Websites used by EXTRAORDINARY for e-commerce, as cited in preamble point A. • User: a person who accesses the Website.
Article 2 – Efficacy of the preamble and any annexes
2.1 The preamble and any annexes (signed by the Parties) are an integral part of the Contract together with the other clauses.
Article 3 – How the service is carried out
3.1 With regards to use of the Website, when a User enters their data, they agree: (a) to provide accurate, up-to-date and complete information about themselves where such information is necessary in order to complete the Website registration forms; (b) to manage and update registration data and any other information provided to the Company in a timely manner, in order to ensure that it is accurate, up-to-date and complete; (c) to monitor and store their access data securely; (d) to inform the Website immediately about any unauthorised use of their account or other security breaches; (e) to accept full responsibility for all activity carried out on their account; (f) to accept all the risks of unauthorised access to registration data and any other information provided to EXTRAORDINARY.
3.2 Users access the customer area of the Website, and log in with their personal credentials (their Username – which is the email address provided by the User on registration – and the CPassword that they created at the time of registration.
3.3 The User will always be able to access their personal page on the Website, “My Orders”, where they can view their orders.
Article 4 – Conclusion and efficacy of the contract
4.1 With this agreement, the Parties expressly agree that the order form and presentation of the services offered on the EXTRAORDINARY Website shall be deemed to constitute a proposal, in the form in which they are offered to the public, while filling in and uploading the form by the User and payment for the services required (or the promise to pay in the case of orders paid by bank transfer), shall be deemed to constitute acceptance.
4.2 This agreement is therefore deemed to have been entered into when EXTRAORDINARY has received the message on its server that a valid order has been placed by the User after the User has sent their acceptance, as defined in the previous article.
Article 5 – Terms of withdrawal and amendment of the contractual proposal
5.1 EXTRAORDINARY reserves the right to amend, suspend or interrupt the service (or parts or content thereof) offered on the Website, at any time and without notice. In this case EXTRAORDINARY shall not be held liable towards the User, except in the case of wilful misconduct or negligence. Where possible, EXTRAORDINARY shall notify the User in advance of any amendment, suspension or interruption of the service on the Website. Cessation of the service shall not in any case prejudice any orders already placed by the User.
Article. 6 – Charges – Payment
6.1 The amount indicated to the User for the courses ordered and added to their cart shall be paid for the service offered by the Website. It is understood that the price (inclusive of VAT) will always be displayed on any page where the User has viewed the description of an individual course on the Website. The total charged for the order shall be inclusive or net of VAT depending on the User’s country of origin and whether they have registered as a private individual or as a company. The application or otherwise of VAT is in accordance with the law applicable in Italy at the time this contract was drafted. In any case, the final total that the User will pay will be clearly displayed to the User on their screen before they confirm and send their order to EXTRAORDINARY. It is therefore understood that payment of the amount due to EXTRAORDINARY for the order shall be made before the course is made available. It is understood that said charges may change in time. Users are therefore invited to check the Website for any changes. In any case, the amount shown to the User immediately before they place their order with EXTRAORDINARY cannot be changed by EXTRAORDINARY for that order, unless with just cause and with a prior request for a further confirmation of the order by the User.
6.2 The User shall pay the above charges due to EXTRAORDINARY solely using the payment methods available on the Website. The User is responsible for the prompt payment of all charges and agrees to provide EXTRAORDINARY or a trusted intermediary indicated by the latter (e.g., PayPal) with a valid payment card in order to pay all the charges.
Article 7 – Cost of accessing the service
7.1 The costs of the telephone lines and internet connection and any equipment necessary for connecting to the services offered by EXTRAORDINARY shall be borne by the User.
Article 8 – Website rights
8.1 The Website (e.g., its graphics, design and trademarks) is protected by the laws protecting copyright, trademarks, patents and other property, and any other applicable laws.
8.2 The Website owner makes the Website and its content available to the public (in interactive, on-demand form), and with this agreement grants the User an unlimited license to copy and view the Website pages (with the exclusion of any software codes), solely for their personal use and in order to use the services. Therefore any other or additional rights outside of those indicated in the clauses of the Contract shall not be deemed to have been granted to the User, unless otherwise agreed in writing between the User and the rights holder.
Article – Use of the website for non-commercial purposes
9.1 The services offered by the Website have been designed for personal use by registered users, and may not be used for any commercial purpose, except as specified on the Website or expressly authorised in writing by the same.
9.2 Users (whether registered or not) may inform the Website of any breaches of the above by third parties.
Article 10 – Prohibited activities
10.1 The Website reserves the right, at its absolute discretion, to consider and undertake the most appropriate legal action against anyone breaching the terms of this rule, including reporting the breach to the competent authorities. The following is a list providing examples of illicit or unauthorised activities on the Website and when using the Website services:
a) unlawful activities under national and international law, including offences relating to child pornography/pornography, scams, the exchange of obscene material, unlawful traffic, gambling, threats and harassment, spamming and spimming, the dissemination of viruses or other damaging files;
b) advertising or promotional messages targeting any users, whether registered or not, promoting the purchase or sale of any product or service by means of the Website services, except as expressly authorised by the Website;
c) the use of any information obtained by means of the Website services for the purpose of contacting, publicising, promoting or selling products or services to other users, whether registered or not, without their explicit consent;
d) any automated use of the system, including the use of scripts for sending comments and messages;
e) interference, interruptions or overloading of the Website services or the networks or the services connected to the Website services;
f) attempts to impersonate another user or another person.
10.2 The User therefore undertakes not to copy, reproduce, alter, or disclose the content of the Website, except as provided for under this agreement, without the express written authorisation of the Website or third-party holders of the rights over such content.
Article 11 – Information about the right to withdraw, when it does not apply and how to exercise it
11.1 A User who is a natural person and who enters into the Contract in their capacity as a consumer pursuant to Italian Legislative Decree 206/2005 (i.e. is not acting for purposes relating to any entrepreneurial or professional business they may carry out) has the right to withdraw from the Contract without providing a reason and without penalty no later than ten (10) working days from conclusion of the Contract (meaning receipt of the User’s electronic order by EXTRAORDINARY), by sending a registered letter with return receipt to EXTRAORDINARY. Alternatively, providing the relevant conditions apply, the right to withdraw may be exercised by sending an email again no later than ten (10) days, providing a registered letter with return receipt is sent within the following forty-eight (48) hours to confirm that the right to withdraw has been exercised. The notice of receipt is not however an essential condition for proving that the right to withdraw has been exercised.
11.2 A User who is a consumer may not however exercise the right to withdraw from the provision of services if these have already started to be provided within ten (10) days from conclusion of the Contract (meaning receipt of the User’s electronic order by EXTRAORDINARY), pursuant to Article 55(2)(a) of Legislative Decree 206/2005. Acceptance of these terms and conditions implies the consumer’s consent to provision of the service before the ten (10) days provided for by law for withdrawal from the Contract. Article 55(2)(c) of Legislative Decree 206/2005 in any case applies, as in this case the goods cannot be returned, and therefore the right to withdraw under article 64 of Legislative Decree 206/2005 cannot be applied.
11.3 In the event that the consumer User exercises the right to withdraw, the Parties shall be deemed to be free of their respective obligations under the Contract. Reimbursement shall be free of charge and made as soon as possible, and in any case within 60 days of the date on which EXTRAORDINARY was informed that the User had exercised their right to withdraw.
Article 12 – Liability of EXTRAORDINARY
12.1 EXTRAORDINARY declines any responsibility for the online or offline behaviour of users of the Website services (whether registered or not).
12.2 EXTRAORDINARY declines any responsibility for errors, omissions, interruptions, cancellations, faults, operating or transmission delays, or breakdowns in the lines of communication, theft, destruction, unauthorised access or deterioration in relation to the services offered by EXTRAORDINARY via the Website and in relation to any problem or technical malfunction of networks or telephone lines, online processing systems, servers or providers, IT equipment, software, e-mail errors or errors in the playback software due to technical problems or high levels of internet traffic affecting the Website services or a combination of such services.
12.3 The Website services are supplied based on their technical availability; the Website does not guarantee their continuous, certain provision, without errors or interruptions; the Website cannot guarantee or promise the achievement of specific results following use of the services, beyond that agreed in the Contract. EXTRAORDINARY will make every reasonable effort to protect the information provided by the User with reference to the provision of its services. However, the User is aware and accepts that the provision of such information is at the User’s sole risk, and EXTRAORDINARY cannot accept any liability for losses or responsibilities with regard to such information.
Article 13 – Law applicable to the contract and dispute resolution
13.1 The Parties expressly agree to apply Italian substantive and procedural law to the Contract, and to the relationships it governs, arising, deriving or in any case related thereto, including with reference to the execution, termination, cancellation of the Contract. Therefore, the ordinary Italian judicial authorities shall have jurisdiction over any disputes concerning this relationship.
Article 14 – General provisions
14.1 The User declares under their own responsibility that they are over 18 years of age.
14.2 This Contract cancels and replaces any previous oral or written agreement on the same subject between the Parties. Any change to the Contract published online and sent by email to the User shall only be valid and binding if it is not disputed by the User within 60 days of its publication online on the website belotti.it.
14.3 In the event that any of the provisions of this agreement should be deemed invalid, this shall not affect the applicability of the remaining provisions.
14.4 The Parties shall elect their domicile for any judicial notices and their email for any other purpose relating to the contract, including for the sending of communications. Each Party shall promptly inform the other Party of any change to their domicile and/or email address.
14.5 The judicial authority of the location of the registered offices of EXTRAORDINARY shall have jurisdiction for any disputes arising over this relationship.
14.6 The existence of any other contracts or agreements between EXTRAORDINARY and the User shall not create any link with this agreement, each remaining separate and autonomous, unless a contract or agreement refers explicitly and functionally to another, but always within the limitations of a correct, literal interpretation of the same.
14.7 The preamble and any annexes are an integral part of this Contract, and have equal legal effect.
14.8 The User declares that they have read, understand and fully accept these contractual conditions and undertake to store it in writing or other long-lasting media available and accessible to them.
* * * In accordance with and for the purpose of articles 1341 and 1342 of the Civil Code, the User declares that they have understood and accept the clauses of the Contract.
