These Terms and Conditions govern the sale of the Services on the elenabelotti.com Site and on the elenabelotti application platform.
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Service provider: Elena Belotti based in Brusaporto (BG) 24060 at via C. Battisti n.24 VAT number 04401220167 mail: firstname.lastname@example.org
General Terms and Conditions: the set of these contractual clauses that determine and define the relationship between the Supplier and the Customer
Website and mobile application: elenabelotti
Services: subscription sales of growth and training courses on mental and spiritual awareness, Consultancy, Online events, products such as fragrances or essences for environments, original music for meditation and relaxation, Cosmic Consciousness School Path, Professional Courses.
Purchase: the onerous purchase of the aforementioned Service from the day of conclusion of the purchase
Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.
Cart: the phase of the purchase procedure in which the User makes his purchase proposal, selecting the payment methods
Material: all the material present in the platform
Download: the transfer, usually of files, from a remote computer to a local one.
Courses: the courses organized and promoted by the Supplier
Customer: any person who purchases the Service or Product sold through the Site and the mobile application
Participant: generally the Professional or Consumer who has purchased a Course or the Supplier's Path
Consumer: the natural person who acts for purposes unrelated to professional or entrepreneurial activity
Professional: one who acts for professional or business purposes
User: any person who has access to the website
ART. 2 OBJECT OF THE CONTRACT
These Terms and Conditions of sale concern the Services referred to in the following article and are valid between the Provider and any User who makes a purchase on the Site or on the mobile application. Any tolerances by the Supplier to behaviors that are in violation of the provisions of these conditions do not constitute a waiver of the rights that are due to this party based on the aforementioned. If one of the conditions turns out to be null or ineffective, any nullity or ineffectiveness will not extend to the remaining contractual clauses.
ART. 3 DESCRIPTION OF THE OFFER
The Supplier offers free of charge:
- access to one-shot courses that can be used independently by the User, without time limits or deadlines;
- access to the Podcast directory
The Supplier offers for sale:
- Growth and training courses on mental and spiritual awareness that can be used independently by the user, without time limits or deadlines;
- Individual counseling
- Online and / or live events
- Room fragrances or essences
- Original music for meditation and relaxation,
- Cosmic Consciousness School Path.
This path is divided into various levels of awareness growth. For each level access is provided to recorded courses, pdf files, audio files, video slides that can be used independently by the user, without time limits or deadlines. There is one webinar per month to be able to discuss courses or other topics related to them with the Provider.
- Professional courses.
These Courses have the objective of making the Participants learn the innovative method of the supplier. There are various types of pre-recorded specialized courses and / or live web which have as their object from massage to meditation. These Courses provide for professional tests with direct individual interviews with the Supplier to verify the techniques learned by the Participant. At the end of the complete path, the Certificate of participation is issued.
ART. 4 DURATION OF THE SERVICE
Access to the Services is guaranteed until the mobile application is deleted from your device or account.
ART. 5 PRICES
The price of the Services and Products are shown in euros in each corresponding section and are to be understood as excluding VAT. The Supplier reserves the right to change the price, at any time, without notice, it being understood that the price charged to the User will be that indicated on the site at the time the order is placed and that any changes will not be taken into account ( increasing or decreasing) subsequent to the transmission of the same.
ART. 6 REGISTRATION METHOD
After installing the mobile application on their device, the User must make a specific registration, through which to enter their personal data requested. The User is responsible for their truthfulness and correctness.
At the time of registration and at the time of entering data, the User guarantees to:
- be of age and legally capable;
- observe all legal and contractual provisions applicable to these Terms and Conditions;
- be the legitimate owner of the data entered, to be considered true, correct and updated.
Upon registration, the User will be asked to provide certain data such as name, e-mail address and password. The e-mail address provided during registration allows the Provider to notify the User of all messages relating to the Services in general. It is forbidden to use temporary emails for registration.
ART. 7 PURCHASE PROCEDURE
The User may purchase all the Services or Products offered for sale by the Supplier, as described, by following the envisaged purchase procedures.
The Contract stipulated between the Supplier and the Customer must be considered concluded with the confirmation of the purchase by the Supplier.
The acceptance of the Order will be communicated by the Supplier to the Customer by means of an email, sent to the email address communicated during the execution of the Order.
ART. 8 PAYMENT METHODS
Once the Order has been placed, the Customer undertakes to pay the requested price, with advance payment and in a single solution.
The expected payment method is:
At the time of payment, the User's browser will be directed to a secure server page with SSL encryption by entering his username and password. In this way only Paypal will be in possession of the User's data which will not be visible in any way by the Supplier.
Credit / debit card
If the User chooses to pay by credit card, the amount is charged directly to the same (Visa, Visa Electron, Mastercard) or to a prepaid card (PostePay, PayPal, etc.). User information is confidential as no financial information is saved. A confirmation e-mail will be sent to each transaction performed.
ART. 9 TIMES / SHIPPING / DELIVERY OF THE PRODUCT
At the time of shipment of the package, the tracking number will be sent by email, which will allow you to follow the entire route of the shipment by going to the carrier's website. The shipping costs and delivery times are specified on the Product detail page, which are estimated in 3/5 working days. The Seller delivers the purchased products by specialized carriers or the Italian Post Office. At the time of delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order Confirmation. In the event that a product arrives that has been damaged during transport or different from what was ordered, it is possible to request its replacement by sending an email to: email@example.com , After receiving the Customer's report, the availability of the ordered product will be checked and its replacement will be carried out. If this is not possible because the product is no longer available, the Customer can choose whether to replace it with equivalent products or request the total.
ART. 10 MATERIAL RIGHTS
All the material prepared by the Supplier will remain the property of the same. The Supplier grants the Participant the possibility to view the material for the sole purpose of personal use, without the possibility of copying it, disseminating it, reusing it, selling it as well as any other action not expressly provided for and specifically agreed with the Supplier. Following the purchase of the Service, the Participant does not acquire any rights on the contents prepared by the Supplier. All rights not expressly granted are reserved. Any behavior contrary to these Terms and Conditions on the part of the Participant legitimizes the Supplier to immediately exclude him from the platform and to act in the appropriate locations and in the appropriate ways.
ART. 11 OBLIGATIONS OF THE SUPPLIER
The Supplier undertakes to guarantee access to the platform only to all those who have duly registered.
The Supplier undertakes to guarantee access to the Services offered to those who have correctly completed the purchase procedure.
It is the Supplier's obligation to make available to the Participant his own reserved area in which his personal data and further information relating to the courses selected and purchased will be reported.
It is the Supplier's obligation to set up the system so that the Participant can access, within the established terms, the course material and download it for the slides or in streaming mode for the videos, regardless of how they are carried out, in any moment (always in compliance with the terms indicated) and, for the courses used, until the Participant requests the cancellation of their profile or uninstalls the mobile application from their device.
ART. 12 OBLIGATIONS OF THE USER / PARTICIPANT
The Participant undertakes to use the interaction services offered by the Supplier for the sole purpose of comparison with regard to the issues covered by the Service purchased and the issues dealt with by the Supplier, as any form of contact aimed at promoting goods or services must be considered prohibited and, more in general, any spamming activity, unfair competition, sharing of external links, sharing of videos or further activity or behavior that violates the regulations in force or that could annoy other members in any way. The Participant assumes all responsibility from now on for any illegal content, contrary to morality, morality and violating the rights of others. In the event of a breach of this obligation, the Provider may exclude the Participant from the Service with immediate effect without having to return the sums paid and the Participant will no longer be able to register on the platform.
All Users must use the site in strict compliance with these Terms and Conditions.
The User undertakes not to use the site and related services for purposes that are illegal or contrary to these terms and conditions of use, or in ways that could damage its functionality, making it unusable, causing overload, deterioration and / or interference with the use of the same by other Users.
Any behavior from which unauthorized access to the site, to the Service sold by the Supplier, to other accounts, systems or networks connected to the same through hacking operations, password forgery or other means is prohibited, even for mere attempts.
ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Supplier are protected and safeguarded by the current laws on copyright and industrial and intellectual property. By way of non-exhaustive example, content must be understood as: the domain name, its sub-domains, trademarks, method, all texts, any graphic and / or text representation in general, photographs, videos. All intellectual and industrial property rights relating to them are the exclusive property of the Supplier, are reserved to it and are not and will not be transferred except under express license to the Participant. Therefore, the User or the Participant will not be able to reproduce, duplicate, copy and redistribute, also retransmit on other websites, transfer or otherwise make available to third parties for any reason whatsoever or in any case use for purposes other than storage and / or consultation the contents of the Supplier, without the prior express and formal approval of the Supplier.
ART. 14 IMAGE ACQUISITIONS
During the course of the online or live courses, images may be acquired, including those of a portrait nature, which show the Participant. More precisely, the Supplier may take photographs (in the case of classroom courses) or screenshots (in the case of online courses), directly or by making use of third parties operating in the interest and on behalf of the Supplier, who will acquire all the derived and consequent rights on the photographic material thus created.
The photographic shots, taken during the course signed up by the participant, will be used by the Supplier to document the course as well as to promote the activities carried out, also through their publication on the Supplier's website / mobile application, as well as on the social channels of the same, brochures. or by inserting it in documents intended for dissemination.
To this end, the Supplier will request specific authorization from the Participant shown in the images for their use for the aforementioned information and promotional purposes according to the conditions indicated below:
- The images will be processed by the Supplier in compliance with the legislation on the protection of personal data;
- The images collected will not be used in ways that could compromise the personal and professional dignity and decorum of the person concerned;
- No compensation or other financial recognition for the Participant derives from the release.
ART. 15 WITHDRAWAL
The Consumer can exercise the right of withdrawal within 14 days from the date of his purchase. To exercise this right within 14 working days from the date of purchase, it is sufficient to notify the Supplier of wanting to withdraw from the purchase in whole or in part by means of a communication to the address: firstname.lastname@example.org the Supplier undertakes to pay the sum in the event due as a refund within 14 days of receiving the notification.
In the event of a Service purchase, the Consumer acknowledges and expressly accepts that in the case of execution of the provision of the Service before the expiry of 14 days from the date of its purchase, he will not be able to exercise the aforementioned withdrawal pursuant to Legislative Decree n. 206 of 2005.
In case of purchase of Products within the term of 14 days, the Consumer must arrange, using a shipping method of his choice, for the shipment of the goods reinserted in their original packaging, intact and in perfect condition complete with all its parts, including the presence of any guarantee seal and carefully packaged at the Supplier's headquarters. The only expenses required are those relating to the return of the Product. Upon receipt of the goods, once the integrity of the returned Product including the guarantee seal has been verified, within and no later than 14 days, the Supplier will refund the cost of the goods shipped. The costs incurred for the return of the goods are excluded from the reimbursement.
The Professional is not granted the right of withdrawal.
ART. 16 REFUNDS
No refunds are made on purchases of courses, services and events of any kind, kind and form; it is at the discretion of the Seller to provide a voucher or to replace the service.
ART. 17 LEGAL PRODUCT WARRANTY
In case of receipt of non-compliant or defective Products, the Consumer has the right to the legal guarantee of 24 (twenty-four) months. In case of receipt of non-compliant or defective Products, the Consumer must notify the Supplier via e-mail within 2 months from the discovery of the lack of conformity, specifying whether he wishes to replace the Product or if he wishes to have a reduction in the price of the Product. Beyond this term, the Supplier, therefore, will not be liable for any lack of conformity found by the Consumer. In case of replacement of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair, are the same as the original product and will be prescribed in any case within 24 (twenty-four) months from delivery.
In case of replacement of the Product, the Supplier will contact the carrier who, compatibly with its availability, will collect the goods.
In order to take advantage of the guarantee, it is necessary to show the purchase documents.
If the replacement is impossible or excessively expensive, the Consumer may request, at his choice, the reduction of the price or the termination of the contract. It is understood that in determining the amount of the reduction or the sum to be returned, the use of the goods will be taken into account and that a minor defect, for which it was not possible or is excessively burdensome to carry out the remedies for repair or replacement , does not give the right to terminate the contract. The Producer is responsible for all products sold made by third parties and is also responsible for the truthfulness and completeness of the information contained in the documentation attached to the products themselves.
The Professional does not have the right to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, so in the case of defects in the Products sold that make them unsuitable for use or that are such as to appreciably decrease their value, the same may request the price reduction or the termination of the sale in the cases provided for by the same Civil Code and to this end must notify the Supplier of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year from delivery.
In both cases, the Professional can contact the Seller by email.
ART. 18 DISCLAIMER OF LIABILITY
The Supplier's responsibility is understood within the limits of the obligations assumed with these Terms and Conditions and of the sum paid at the time of purchase;
The Supplier is not responsible for the behavior of the Users and the information shared by them;
The User guarantees that he will use the website and the application according to the conditions and for the Services established and offered by the Provider, excluding any use that has illegal purposes or purposes contrary to the provisions of these Terms and Conditions of use and in any case with modalities that could damage it, make it unusable, overload or deteriorate it or interfere with the use of the same by other Users;
The Supplier is not responsible for the purchase of the Users and / or the access of the same in the members area, to the extent permitted by applicable law.
The Supplier is not responsible to Users or subjects directly or indirectly connected to them for delays, disruptions or suspensions of the platform;
The Supplier is not responsible for the increase or failure to increase business by the Participant's activity, for failure to achieve the desired results in the face of investments and costs incurred and for any damage deriving from the Services offered as they do not offer guarantees. explicit or implicit of any kind and do not guarantee any achievement of results in the care of the body and health. In this case, no reimbursement action can be taken against the Supplier;
The Participant exempts the Supplier from any liability, including towards third parties, deriving from the use of the information contained in the Video Courses that do not constitute or replace a medical or health or psychological or psychiatric suggestion or other activity with similar connotations.
The Supplier will not be held responsible for omissions or errors that may be contained in the materials, nor for any violation of the rights of others and damages, even indirect, consequential to it, or for other damages of any kind, also resulting from loss of the right of use, loss of information or loss of earnings or deriving from breach of contract, negligence or other harmful actions, deriving from or in any way connected to the use or information contained in the platform.
ART 19 CANCELLATION OF THE COURSE
In case of cancellation of the Course, the Provider will refund the entire fee paid by the Participant or in agreement with the same to pay a bonus of the same amount for the purchase of other courses.
ART. 20 FAILURE TO EXERCISE A RIGHT
Failure to exercise a right by the Supplier does not represent any waiver of action against the Customer or against third parties for the breach of commitments undertaken. The Supplier therefore reserves the right to assert its rights in any case, within the terms granted.
ART. 21 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and resolution between the contracts entered into online by the Consumer with the Supplier will be the exclusive competence of the court of the judge of the consumer's place of residence (so-called consumer court). In the case of a Professional, the territorial jurisdiction is exclusively that of the Court of Bergamo.
ART. 22 PROCESSING OF PERSONAL DATA
ART. 23 DISPUTE RESOLUTION
According to article 49 paragraph 1 letter V of Legislative Decree n. 206/2005 (Consumer Code) the Consumer can make use of the Joint Conciliation procedure (ADR). Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer may submit a complaint via the ODR platform of the European Union. For more information contact the Supplier.
ART. 24 COMMUNICATIONS
For further information of any kind, it is possible to contact the Supplier by e-mail at the following address: email@example.com
Pursuant to art. 1341 and 1342 cc, the User declares to have carefully read and expressly accept all the clauses of these Terms and Conditions of sale and in particular those of articles 10, 12, 13,14,15, 17, 18, 19 and 20