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6) LIMITATIONS OF LIABILITY
6.1 Preparatori d’Uva S.r.l. assumes no responsibility for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time specified in the contract or indicated in the preceding article.
6.2 Preparatori d’Uva S.r.l. cannot be held liable to the Buyer, for inefficiencies or malfunctions connected to the use of the internet, except in the case of wilful misconduct or gross negligence.
6.3 Preparatori d’Uva S.r.l. will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to the Supplier, being the Buyer entitled, if necessary, only to full refund of the price paid and any accessory charges incurred, which are directly and uniquely related to the service rendered by Preparatori d’Uva S.r.l.
6.4 Preparatori d’Uva S.r.l. assumes no responsibility for any fraudulent or illegal use, by the Buyer or third parties, of credit cards and other means of payment, when paying for the purchased Products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
6.5 Preparatori d’Uva S.r.l. reserves the right to suspend or occasionally limit the use of the service in order to enable repairs, maintenance or the introduction of new activities or services.
7) DEFECT LIABILITY – SUPPLIER’S OBLIGATIONS
7.1 Preparatori d’Uva S.r.l. cannot be held responsible for the consequences of a defective or dangerous multimedia product if the defect/danger is due to the conformity of the product with an imperative legal rule or a binding provision and/or causes not attributable to and independent of the will of Preparatori d’Uva S.r.l., or if the state of scientific and technical knowledge, at the time in which the manufacturer publishes the multimedia product, did not yet allow to consider the product as defective or dangerous.
8) CUSTOMER’S OBLIGATIONS
8.1 The Buyer undertakes, once the purchase and/or online acceptance procedure has been
completed, to print and keep this contract.
8.2 The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory before confirming the purchase.
9) COPYRIGHT PROTECTION
9.1 The Buyer acknowledges that Preparatori d’Uva S.r.l. is the exclusive owner of all parts of the Website, such as, by way of example and not limited to, the logos, images, texts and course contents. Therefore, in application of Law no. 633 of 22 April 1941 (Copyright Law), the commercial use by third parties, the total or partial reproduction, the re-elaboration and transmission in any form and with any method of the aforementioned parts are absolutely prohibited, unless previously authorised in writing by Preparatori d’Uva S.r.l.
9.2 It is forbidden to copy, distribute, publish or otherwise use or exploit the educational material without the prior written consent of Preparatori d’Uva. The Customer, responsible for the conservation and secrecy of the credentials assigned to the same, and owner (as a result of registering for the Course) of a personal and non-transferable right of access to the reserved area of the Platform, therefore undertakes not to allow any third parties to use and/or view, in any way, the services, refraining from carrying out any act that infringes the exclusive and proprietary rights of Preparatori d’Uva, as well as indemnifying and holding Preparatori d’Uva harmless from any claim and/or request deriving from the use and/or abuse by third parties. In case of violation of the prescribed obligations, the contract will be considered terminated by law and Preparatori d’Uva will be free to take legal action to protect any right that has been disregarded, including compensation for damage. Furthermore, if a security problem or unauthorised use is deemed to exist or to be highly probable, Preparatori d’Uva may suspend the use of the credentials provided to the Customer.
10) RIGHT OF WITHDRAWAL
10.1 The Purchaser holding the quality of Consumer consciously and expressly agrees to lose any right of withdrawal from this distance contract, applying the exceptions to the right of withdrawal pursuant to the Consumer Code (Article 59, paragraph 1 letter a) and o) of Legislative Decree no. 206 of 6 September 2005). Indeed, the Consumer, by purchasing the course in e-learning mode, consents to the provision of digital educational content through a non-material support, with the express agreement and with the acceptance of the fact that this circumstance precludes any right of withdrawal. Furthermore, the Consumer agrees to lose his/her/its right of withdrawal from the service, as it is made accessible and usable to the user by electronically sending the authentication credentials (username and password).
11) PERSONAL DATA PROCESSING
11.1 Preparatori d’Uva S.r.l. guarantees full compliance with the provisions of current legislation on the protection of personal data, as better specified in the Privacy Notice submitted to the Customer (https://www.vinemasterpruners.com/privacy).
12) CONTRACT ARCHIVING METHOD
12.1 Pursuant to art. 12 of Legislative Decree no. 70/03, Preparatori d’Uva S.r.l. informs the Buyer that each order sent is stored in digital or paper form at the Preparatori d’Uva S.r.l. headquarters, according to confidentiality and security criteria.
13) COMMUNICATIONS AND COMPLAINTS
Written communications directed to Preparatori d’Uva S.r.l. and any complaints will be considered valid only if sent to the addresses of Preparatori d’Uva S.r.l. indicated herein. The Purchaser indicates in the registration form his/her/its residence or domicile, the telephone number and the email address to which the same wishes the communications from Preparatori d’Uva S.r.l. to be sent.
14) JURISDICTION AND SETTLEMENT OF DISPUTES
For civil disputes, the court of the place of residence or domicile of the consumer/user/customer has exclusive jurisdiction, in accordance with the Italian legislation in force at the time of the conclusion of the contract.
In all other cases, the territorial jurisdiction is exclusively that of the Court of Udine, with the exclusion of any other competent court.
The European Commission provides a platform for the resolution of disputes relating to purchases made online, which the Citizen of an EU Member State can access through this link:
https://ec.europa.eu/consumers/odr/.
This tool can be used by the European Customer for the out-of-court resolution of any dispute arising from the purchase of Products on the website https://www.vinemasterpruners.com .
Alternatively, the Customer may use other methods for resolving disputes at his/her/its choice.
In any case, the consumer/user has the right to appeal to the ordinary judge competent for the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, where the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II – a of the Consumer Code.
15) APPLICABLE LAW
This contract is regulated by the Italian law.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
For the purposes provided for by EU Regulation no. 2016/679 concerning the protection of individuals with regard to the processing of personal data, I inform you that the processing of personal data provided by you and acquired by PREPARATORI D’UVA S.r.l., based in Via Papa Giovanni XXIII 62, 33040 Corno di Rosazzo (UD) – Italy, will be processed in compliance with the provisions of the aforementioned Regulation and the consequent rights and obligations.
1. Who is the DATA CONTROLLER
The data controller is PREPARATORI D’UVA S.r.l., based in Via Papa Giovanni XXIII 62, 33040 Corno di Rosazzo (UD) – Italy, tax code and VAT number IT02298100302, e-mail info@vinemasterpruners.com.
2. Purpose and object of the processing (Why do we collect your personal data and what data do we collect?)
PREPARATORI D’UVA S.r.l., in carrying out the activity of Vine Master Pruners, collects the following personal data through the website www.vinemasterpruners.com:
a) to manage contractual relationships with customers: name, surname, residence, tax code, telephone number, e-mail address and, where necessary and depending on the chosen payment method, bank details.
With the express consent of the data subject, the aforementioned personal data and additional data as described below are also collected, stored, used and processed by PREPARATORI D’UVA S.r.l.:
b) for sending (by ordinary mail, e-mail, sms and mms, social networks) information and promotional communications, newsletters on the initiatives and events organised by Vine Master Pruners, including any invitations to such events, and questionnaires to measure the degree of satisfaction with the services offered.
The provision of data for the purposes referred to in point a) is mandatory and in case of refusal, PREPARATORI D’UVA will not be able to carry out the contractual services requested.
The provision of data for the purposes referred to in point b) is free and optional and subject to your consent. Therefore, any refusal to provide such data will not allow PREPARATORI D’UVA to pursue this purpose and will involve, in particular, only the impossibility of receiving information or advertising material and will not affect the provision of the requested service. You have the right at any time and free of charge to oppose this processing for commercial purposes, both with regard to the initial one and to any subsequent processing.
We will not ask you to provide data falling into particular (“sensitive”) categories, such as data on race, ethnicity, political opinions, religious or philosophical beliefs, etc.).
3. Conditions applicable to the consent of minors
The processing of personal data of minors is lawful if the minor is at least 16 years old. If the minor is under the age of 16, such processing is lawful only if and to the extent that such consent is given or authorised by the holder of parental responsibility.
If we have reason to believe that one of our users is under the age of 16 and that we have obtained his or her personal data without due consent, we will delete that data shortly.
4. On what legal basis do we process your data?
The processing of your personal data is based on one or more of the following legal grounds:
– Contractual services: Your request for contractual services will make it necessary to process the personal data provided;
– Consent: We ask for your consent to provide contact details for sending commercial and promotional communications and newsletters (marketing purposes);
– Legal obligations: When necessary, we will process your personal data to fulfil a legal obligation, including accounting and tax obligations;
– Legitimate interests: To the extent that our use does not harm your rights, we will collect and process your personal data where we have a legitimate interest useful for the purposes of judicial protection and the protection of our services.
5. What are the methods for processing your personal data?
The processing is carried out manually, in both digital and paper form and consists of the collection, registration, organisation, conservation, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction of data.
PREPARATORI D’UVA does not adopt any automated decision-making process, including profiling.
6. Data retention (How long do we keep the data?)
The storage of personal data will take place in paper and/or electronic/IT form and for the time strictly necessary to fulfil the aforementioned purposes, in compliance with current regulations.
For marketing purposes, we keep your data for a maximum period of 8 years, unless otherwise specified by a legal or regulatory provision issued subsequently.
The e-mail contact data for sending the newsletter will be retained until the consent is revoked by the data subject.
Invoices, accounting documents and transaction data are kept for 10 years in accordance with the law (including tax obligations). In the case of exercising the “right to be forgotten” through a request for express cancellation of the personal data processed by the controller, we remind you that the data acquired on electronic supports will be retained, in a protected form and with limited access, solely for the purpose of ascertaining and suppressing crimes, for a period not exceeding 12 months from the date of the request and subsequently they will be securely deleted or irreversibly anonymised.
7. Data communication (Who do we share your personal data with?)
Personal data may only be disclosed to specifically appointed persons authorised for processing and provided with instructions for the correct processing of personal data, also verbally.
The Data Controller of personal data entrusts some parts of data processing to subjects external to its structure, who, in the context of their professional activity, are Data Processors and have declared to comply with the legislation on the protection of personal data. The related name is available upon simple request of the data subject. The outsourced processing concerns the fulfilment of accounting, fiscal and tax (chartered accountants) and administrative obligations, hardware, software and web assistance services, hosting and newsletter management. If the external subjects were not designated as data processors, they would operate as independent data controllers and, as such, would be subject to the provisions of the law. Personal data are not subject to disclosure.
TRANSFER OF DATA ABROAD – The processing of data outside of Italy is not envisaged. In the case of transfer of personal data to countries members of the European Union or to third countries with respect to those of the European Union, it will be communicated to the data subject whether or not there is an adequacy decision by the EU Commission.
8. How do we protect your data?
All personal data will be processed in full compliance with EU Regulation 2016/679 and with the additional regulatory provisions on the protection of personal data and security measures in ways that guarantee their confidentiality and security and with a logic strictly related to the purposes mentioned above.
In any case, we adhere to industry standard practices to safeguard your personal data from unauthorised access, alteration, disclosure, misuse or destruction.
9. What are, in summary, the RIGHTS OF THE DATA SUBJECT:
The data subject can access the personal data provided and exercise the following rights at any time: a) request confirmation of the existence of their personal data; b) obtain information about the purposes of the processing, the recipients or categories of recipients to whom the personal data have been or will be communicated and, when possible, the retention period; c) oppose the processing at any time and also in the case of processing for direct marketing purposes; d) oppose an automated decision-making process relating to natural persons, including profiling, e) ask the data controller for access to their personal data and the correction or cancellation of the same or the limitation of the processing or to oppose the their processing, in addition to the right to data portability; f) withdraw the consent at any time without prejudice to the lawfulness of the processing based on the consent given before such revocation; g) lodge a complaint with the Privacy Authority – www.garanteprivacy.it.
The aforementioned rights can be exercised by submitting a written request to PREPARATORI D’UVA S.r.l., based in Via Papa Giovanni XXIII 62, 33040 Corno di Rosazzo (UD) – Italy or by e-mail to info@vinemasterpruners.it.
THE DATA CONTROLLER
PREPARATORI D’UVA S.r.l
Information updated on 14 January 2021