GENERAL TERMS AND CONDITIONS OF SALE
1. SCOPE AND EXECUTION OF THIS AGREEMENT
1.1 These general terms and conditions of sale (hereinafter, the “Conditions of Sale”) govern all the sales and execution of any service by Damanhur Welcome & University s.n.c. di Sandra Alberganti, with registered office in Via Pramarzo, 3 -10080 Baldissero C.se (TO), VAT no. 11034870011, commercial register of Torino no. 1182653 (hereinafter, the “Seller”) through the Internet website www.welcome.damanhur.org (hereinafter, the “Online Shop”).
1.2 The relationship governed by this Conditions of Sale will be subject to the provisions set forth by the Legislative Decree no. 70/03 (so called “Decree on the Information Society and the Electronic Commerce”), the Legislative Decree no. 196/03 (“Privacy Code”) and the EU Regulation no. 2016/679 (“General Data Protection Regulation” or “GDPR”), the Directive 1999/44/EC and the Legislative Decree 206/05 (“Consumer Protection Law”), to the extent the contracting party (the “Client”) is a consumer according to the Consumer Protection Law.
1.3 The agreement executed with the Seller through the Online Shop (the “Contract”) is a distance contract. The display of the services on the Online Shop is an invitation to offer. Each order sent through the Online Shop will be a contractual offer to the Seller for the purchase of the services detailed therein and it is subject to Seller’s approval according to clause 3 below. The Contract shall be considered as executed upon the receipt, by the Client, of the declaration of acceptance of the order or, in any case, the execution of the ordered services.
2. ACCEPTANCE OF THESE CONDITIONS OF SALE
2.1 These Conditions of Sale shall be read carefully by the Client before placing an order with the Seller for the purchase of any service displayed on the Online Shop (the “Services”) and shall be explicitly agreed before sending the order through the procedure provided by the Online Shop.
3. CHOICE OF SERVICES, PLACING OF ORDERS, PRICE AND FINALIZATION OF THE AGREEMENT
3.1 The Online Shop displays the Services which are available for purchase together with the relevant price (including legally applicable VAT) and information on the relevant expected initial date (the “Expected Date”), on the contents of the Services, etc.
3.2 The Online Shop provides for a specific procedure for placing purchase orders. In no cases the Seller will accept orders submitted in any manner other than the full and correct completion of the procedure made available on the Online Shop. Those fields whose completion is mandatory are highlighted during the ordering procedure.
3.3 Those Services which have been selected by the Client for purchase in the Online Shop will be temporarily stored in a personal shopping basket for the time of the Client’s visit of the Online Shop. Such temporary storage is not a booking: the Seller does not ensure that the Services stored in the personal shopping basket will be available at the ordering.
3.4 The Client may verify the content of the personal shopping basket and the relevant details at any time during the visit of the Online Shop. In order to send an order to the Seller, the Client shall:
(i) verify the content of its personal shopping basket;
(ii) express his/her intention to purchase by clicking the proper buttons on the personal shopping basket page;
(iii) complete the provided order form;
(iv) specify a means of payment among those available;
(v) expressly accept this Conditions of Sales;
(vii) submit his/her purchase offer by clicking the proper “ORDER AND PAY” or “ENROLL”.
3.5 The submitted order is a contractual offer subject to Seller’s confirmation and implies the obligation of the Client to purchase the Services specified therein according to the terms and conditions detailed in the order itself and those set forth by these Conditions of Sale.
3.6 Applicable prices are those displayed in connection with the ordered Services on the Online Shop upon the submission of the order. All prices are in Euros and include legally applicable VAT.
3.7 Once the order is submitted, the Client will be requested to provide all the information being necessary to finalize the payment through the means selected by the Client. Once completed the payment, the Client will receive a message confirming the receipt of his/her order and containing all the details of the contract, including Seller’s details (including contact details), the selected Services, the relevant quantities, the unit and overall prices, the information on the right of withdrawal, where applicable (the “Order Confirmation”). Order Confirmation is a simple acknowledgement of the receipt of Client’s order and not acceptance of the same.
3.8 Client’s order are processed during normal business hours (i.e. from 9AM to 4PM) and on Italian working days; those orders which are submitted in different times will be processed on the subsequent working day.
3.9 The Client is entitled, without prejudice to the right of withdrawal, where applicable, to cancel his/her order at any time before receiving the Order Acceptance (as defined under clause 3.10 below).
3.10 The Contract is actually concluded and becomes effective between the parties upon the receipt by the Client of a communication from the Seller confirming the acceptation of the order and the availability of the Services (the “Order Acceptance”); otherwise, the Contract shall be deemed executed upon the execution of the ordered Services.
3.11 Seller has the faculty not to accept Client’s order as well as to accept an order only partially. Order Acceptance details the Services for which the order has been accepted. Client’s order will be deemed to be not accepted if no Order Acceptance incur within 14 days as of the receipt of Client’s order.
4. AVAILABILITY AND CANCELLATION
4.1 As soon as the Client’s order is processed, the Seller informs the Client if any of the ordered Services turn out to be unavailable. In such a case, the order will not be accepted with respect to those Services being unavailable.
4.2 The Seller has the final right to cancel the Services with a prior notice of 15 days before the Expected Date.
4.3 In case, notwithstanding the Client has receipt of the Order Acceptance, one or more Services included in an accepted order turned out to be unavailable or cancelled by the Seller, the Seller will inform the Client accordingly and will propose, alternatively, to modify or cancel the accepted order. In case of cancellation, the Seller shall, at the customer’s choice, confer to the Client a credit corresponding to the sum paid to the Seller, that can be used for the purchase of a different Service, or refund the Client for the price of the purchased Service that has been canceled.
4.4 In no case will any costs incurred by the Client for the purchase of air tickets or for other means of transport or for the booking of hotels and other accommodation and/or accommodation facilities, as well as any other additional expenses incurred by Client be refund by the Seller.
5. TERMS OF PAYMENT
5.1 The payment of the purchase price shall be paid by credit card, or by Pay Pal or by wire transfer. The Seller accepts only the credit cards listed on the website.
5.2 Invoices, where applicable, will be sent only electronically (in pdf format) according to the details provided by the Client.
In case the Client wants to receive the invoice, the Client shall select the relevant option before placing the Order.
6. EXCLUSION OF THE RIGHT OF WITHDRAWAL
6.1 Please note that according to the Consumer Protection Law, in case of distance contracts, the right of withdrawal of consumers does not apply to contracts having as object services such as accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a certain date or by a specific date thereafter.
As a consequence, the right of withdrawal does not apply to the Services commercialized on the Online Shop, since they consist of courses, webinars, visits and schools which are provided on a certain date.
7.1 The Customer, in giving his consent to the conclusion of the contract, declares to have well understood the content of the visits, courses, webinars, visits and schools. The Seller declines any and all liability where the contents of the courses, webinars, schools or visits do not meet the expectations of the Customer.
7.2 The Seller and or its employees and independent contractors do not practice a health care profession, therefore no Service constitutes in any form a diagnosis or a therapy, conventional or unconventional.
7.3 The Seller will not be liable for the failure of the Services or its cancellation due to an unpredictable event independent of its will, such as natural calamities, riots, national strikes, fires, etc. In this case, The Seller will try to adopt solutions that make it possible to avoid, or at least limit, the consequences of force majeure.
These Conditions of Sale are governed by and construed in accordance with the laws of Italy. It remains understood and agreed that any and all claim howsoever connected with the scope of these Conditions of Sale shall be submitted to the non-exclusive jurisdiction of the Courts of Ivrea (TO), which means that the Client may bring a claim to enforce his/her consumer protection rights in connection with these Conditions of Use either in Ivrea or in the place where the Client is domiciled.
In addition, it is worth informing that the European Commission provides an out-of court alternative dispute resolution platform which is accessible at the website http://ec.europa.eu/odr.