Terms of Service
CONTRACT FOR THE ONLINE SALE OF TRAINING COURSES
This contract for the online sale of training courses (hereinafter the “Contract”), is signed following registration in the reserved area of the website www.vinemasterpruners.com.
FOREWORD
1. The training courses covered by these conditions are offered for sale by Preparatori d’Uva S.r.l.,based in Via Papa Giovanni 62, 33040 Corno di Rosazzo (UD) – Italy, Tax Code and VAT number IT02298100302, email info@vinemasterpruners.com, Company Register no. UD – 250188
2. Prior to the online purchase of the product (with simultaneous obligation to pay for the same in full) the Customer is required to express, in point and click mode, his/her consent to these conditions of sale, which in this way are recognised and approved also pursuant to articles 1341 and 1342 of the Italian Civil Code, together with the provisions governing the procedures for registration, access, navigation and use of the website www.vinemasterpruners.com
3. The Customer expressly authorises Preparatori d’Uva S.r.l. to use the email address provided during registration in relation to the activities relating to the contract and to any communication regarding the execution of this contract.
4. These general conditions may undergo changes and/or updates at any time by Preparatori d’Uva S.r.l., which will communicate them through the normal communication channels on the website.
5. The Customer declares to have read, prior to the online purchase of the Product, all the
information contained in the “Course Sheet”, accessible on the website and outlining the main characteristics of the Course, the geographical address and identity of the Supplier, the price and the payment methods.
1) DEFINITIONS
1.1 “Online sales contract”: The sales contract relating to the Courses, concluded by Preparatori d’Uva S.r.l. and the Buyer as part of a remote sales system via digital transmission tools, organised by Preparatori d’Uva S.r.l.;
1.2 “Buyer”: The person who makes the purchase, as per this contract, for personal, commercial or professional purposes;
1.3 “Consumer”: The natural person who acts for purposes unrelated and/or not referable to any entrepreneurial, commercial, craft or professional activity, or who acts for purposes that do not fall within the framework of each of the aforementioned activities;
1.4 “Professional”: Any natural or legal person who acts within the framework of his/her/its commercial, industrial, craft or professional activity, putting in place a deed of purchase within the profession carried out and/or relating to the same;
1.5 “Supplier”: The legal person (Preparatori d’Uva S.r.l.) providing the training service, identifying it with its name, trademark or other distinctive sign;
1.6 “Product”: The e-learning training course;
1.7 “Distance contract”: The contract concluded between the Supplier and the Customer without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of remote communication;1.8 “Website”: The Internet site www.vinemasterpruners.com , where the Products are offered for sale.
2) OBJECT OF THE CONTRACT
2.1 With this contract, respectively, Preparatori d’Uva S.r.l. sells and the Purchaser remotely purchases, through digital transmission tools, the Products indicated and offered for sale on the website https://www.vinemasterpruners.com academy, consisting, by way of example but not limited to, of multimedia documents available online, on-demand courses and training courses in e-learning mode.
2.2 The access to services and the purchase of Products provided by Preparatori d’Uva through the website www.vinemasterpruners.com grant the buyer a limited, non-exclusive, non-transferable access license to the contents of the website and the right to follow the courses purchased through the e-learning platform.
2.3 The on-demand multimedia products (together with any deeds, presentations and related
documents), depending on the situation, are made accessible to the buyer in video streaming mode and, possibly and only partially, also via live webinars through the e-learning platform, for a period of 12 months from the date of purchase.
2.4 Access to the e-learning platform is made available after purchase following the assignment of appropriate authentication credentials whose character, also in the case of a corporate purchase, is individual and “personal” and cannot be transferred to third parties.
2.5. The obligation of confidentiality of the credentials remains with the Buyer, who will be held responsible for any disclosure or duplication of the material sold by unauthorised third parties.
Therefore, the Buyer undertakes not to provide his/her/its credentials (username, password…) to third parties, assuming full responsibility for all activities that may be carried out with such credentials, except in cases of force majeure outside the control of the Buyer who applies due diligence and ethical principles in the processing and management of the credentials.
2.6. All products and contents, including digital ones, of the website www.vinemasterpruners.com (such as, by way of example, news, images, photos, videos, sounds, trademarks, logos, domain names, application software, databases, graphic layouts, etc.) are the exclusive and confidential property and/or ownership of Preparatori d’Uva S.r.l. and their use by third parties is prohibited.
2.7. In addition to the provisions of point 2.4, the Buyer is expressly forbidden to share, in any form, with other subjects the material referred to in this contract as well as expressly forbidden to use, in relation to the object of this contract, any instrument suitable for the recording of the Courses to create an archive, even for personal or internal purposes only.
2.8. The Buyer, once having read the technical requirements necessary for a correct operation of the platform and/or for a correct display of the multimedia products, releases Preparatori d’Uva S.r.l. from any responsibility in case of malfunctions of the platform and/or missing or poor quality display of the contents due to the device used or installed software being non-compliant with the requisites or poor connectivity/Internet connection.
3) TERMS OF CONCLUSION OF THE CONTRACT – DELIVERY TIMES
3.1. The contract between Preparatori d’Uva and the Buyer is concluded electronically through the Internet, after user registration.
3.2. Pursuant to art. 1326 of the Italian Civil Code, this remote contract is intended as concluded when Preparatori d’Uva S.r.l. becomes aware of the Customer’s subscription to the training offer, manifested with his/her/its online registration to the Course or in any case to the selected Product with the following methods:
a) selection of the Products by the user and insertion in the cart;
b) provision of the requested identification and contact data;
c) selection and acceptance of the payment method.
Once the registration procedure has been completed and the full payment of the related price has been made, the Customer receives the order confirmation and the credentials necessary to access the electronic learning platform, where any downloadable and printable study material are available, along with video lessons and exercises.
3.3. The following are shown on the Buyer’s printable web page in which the order confirmation referred to in the previous point is provided:
• the details of the Customer and the order;
• the purchased Product, the costs and any additional accessory charges, taxes and fees;
• the methods and terms of payment;
• the email address to which all communications relating to the purchased Product will be sent, including access credentials and, where applicable, the address of the website from which to download the material;
• the times and conditions of use of the purchased Product;
• aspects relating to the right of withdrawal, where relevant.4) METHOD OF PAYMENT AND REFUND
4.1 Any payment by the Purchaser can only be made by means of one of the methods indicated on
the specific web page of Preparatori d’Uva S.r.l., i.e. only by credit card (Visa and/or Mastercard), Paypal platform or bank transfer.5) PRICES
5.1 All sales prices of the products contained within the website www.vinemasterpruners.com are expressed in euro and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, also in relation with art. 1341 of the same code.
5.2 The sale prices, referred to in the preceding point, include VAT and any other tax, if due. Further costs and any additional charges not included in the purchase price will be indicated and calculated in the purchase procedure before the order is placed by the Buyer and are also described in the web page that summarises the order.
5.3 The prices indicated for each of the Products offered to the public are valid until the date indicated in the catalogue.
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.