Privacy and Cookies Policy

1. PRELIMINARY REMARKS

The purpose of this Privacy Policy, drafted according to art. 13 of the Regulation (EU) 2016/679 (hereinafter, “Regulation”) is to describe the management methods of the website en.longevitylee.com (hereinafter, “Website”) with respect to the processing of its users’ personal data. 

Personal-data processing shall mean any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. 

This information on privacy practices only refers to the Website and not to other websites of different managers, which the user might have viewed through specific links that are present in the Website.

The personal-data processing shall be characterized by the principles of fairness, lawfulness, transparency, limitation of purposes and storage, minimization and accuracy, integrity and confidentiality, as well as by the principle of accountability provided for in art. 5 of the Regulation. Therefore, the personal data shall be processed in compliance with the legal provisions of the Regulation and with the duties of confidentiality envisaged in it.
 

2. DATA CONTROLLER

The Data Controller shall be L.E.E. Longevity Energetic Experience srl, we premises at Amandola (FM), Contrada Santa Maria, 2 - CAP 63857 - email [email protected], [email protected]
 

3. TYPE OF PROCESSED DATA

3.a. Browsing Data

During their normal activity, the computer systems and software procedures that run the Website acquire some personal data whose transmission is implicit in the use of Internet communication protocols. This is not information gathered in order to associate it to identified interests. Yet, by its nature it could, through processing and association with data held by third parties, allow to identify users. This category of data includes IP addresses or the domain names of the computers utilized by users who connect to the Website; URI (Uniform Resource Identifier) addresses of the requested resources; the time of request; the method used to submit the request to the server; the size of the file obtained in answer; the numeric code indicating the state of the answer sent by the server (success, error, etc.), and other parameters relevant to the user’s operating system and environment.

This data shall be used with the only purpose of drawing statistical and anonymous information about the use of the Website and of controlling its correct functioning; of allowing – given the architecture of the used systems – the correct supply of the services; and for security reasons and responsibility check in case of hypothetical computer crimes damaging the Website or third parties. Normally, this data is canceled after sixty days.

No other data resulting from the web service will be communicated or disseminated.

 

3.b. Data supplied freely by the user 

The Website gives users the possibility to voluntarily supply personal information through specific forms. Subject to specific provisions in a separate paragraph, this Privacy Policy shall be deemed to be rendered also for the processing of the personal data supplied through the Website on a voluntary basis. 

In particular, in the “Contact Forms” section, interested users may send to the Data Controller specific requests, subject to the communication of their contact information and other personal information needed to process the request.

The personal data supplied by users shall be communicated to third parties only if such communication shall be necessary in order to comply with said users’ requests.

 

3.c. Third-party data freely supplied by the user 

It could happen that, in using some of the Website’s services, the personal data of third parties, sent by you, gets processed. With respect to this hypothesis, you shall act as an autonomous data controller, assuming all relevant legal obligations and responsibilities. In this respect, you shall fully indemnify the Data Controller against any disputes, claims, and requests for damages ensuing from or connected with the processing, etc., addressed to the Data Controller by any third parties, whose personal data has been processed through the Data Controller’s use of the Website’s functions in breach of the applicable rules and regulations that protect personal data. 

In any case, if you supply or in any other way process third parties’ personal data when using the Website, you guarantee as from this moment – assuming all relevant responsibilities – that this particular case of processing is founded on a sound legal basis, compliant with art. 6 of the Regulation that legitimizes the data processing in question.

 

3.d. Data derived from cookies

Cookies are text files that the website sends to the users’ terminals, where they can be memorized through the browser for a varying time period. The memorization of cookies makes it easier for users to navigate through the web pages allowing their customization; guarantees the Website’s user efficiency; and favors the operativeness of the functionality that characterize it.

The Website uses cookies for the technical purposes of browsing, and analytical cookies to improve and monitor the way it is utilized by users.  Furthermore, through the use of cookies we count the clicks on “Like” plug-ins and what Website content has been shared or referenced. Also, the type of reference used to reach the Website is analyzed: for instance, an email campaign or a link from a website of reference, in order to evaluate the effectiveness of our promotions and advertising campaigns.

Moreover, third-party cookies may be on the Website to allow a simplified use of the Website and the supply of further services and additional functionality. These cookies are entirely managed by such third parties, in particular by kajabi. For further information relevant to the use and purposes of third-party cookies, and how to disable them, users are invited to view in the setting link placed in the banner at the footer of the page ("show details")

Users have always the possibility to inhibit the utilization of cookies, except for the strictly technical ones, by changing the browser settings. Browsers are commonly preset to automatically accept all cookies. Users have the possibility to choose whether to enable or to disable the use and memorization of cookies through the browser configuration options. Some browsers allow to define different settings depending on the type of cookies. The following are links to the main browsers:

Mozilla Firefox
https://support.mozilla.org/it/kb/Gestione%20dei%20cookie

Google Chrome
https://support.google.com/chrome/answer/95647?hl=it

Internet Explorer
http://windows.microsoft.com/it-it/windows-vista/block-or-allow-cookies

Safari 6/7 Mavericks
https://support.apple.com/kb/PH17191?viewlocale=it_IT&locale=it_IT

Safari 8 Yosemite
https://support.apple.com/kb/PH19214?viewlocale=it_IT&locale=it_IT

Safari su iPhone, iPad, o iPod touch
https://support.apple.com/it-it/HT201265

 

Once informed by the banner, by continuing to navigate through the Website users agree to the Terms of use. Through the banner users can also disable cookies, which could prevent, or compromise, the correct visualization of the Website, the correct use of the applications contained in it and of the customization functionality.
Lastly, one should remember that the Website might contain links to other websites, which have their own information on privacy practices and relevant cookies that might differ from the information on privacy practices adopted by kajabi that, therefore, cannot be answerable for them.
 

4. PROCESSING METHOD

The processing shall take place through automated instruments (e.g., using electronic procedures, and hardware and software) and/or manually (e.g. on paper) for the strictly necessary time to fulfill the purposes for which the data has been gathered and, in any case, in agreement with current applicable laws and regulations.

 

5. PURPOSES OF THE DATA PROCESSING

The personal data shall be processed, with your consent if needed, for the following purposes, when applicable:

1. allow the supply of the requested services (e.g.: request for contact, estimates, information, documentation, etc.), and browsing through the Website;
2. respond to specific requests sent to the Data Controller;
3. discharge any obligations provided for by current laws or EU regulations, or fulfill requests from government authorities;
4. statistical purposes or other similar purposes described in the section “Data derived from cookies” under point 3.d. above.

As provided for in art. 130.4 of the Legislative Decree 196/03 (Personal Data Protection Code), en.longevitylee.com may use the email address supplied by you to offer the direct sale of similar services, in the absence of your opposition and up to the moment when you express such opposition, which can be expressed at any moment and without need for justification. With the exception of this case, the data shall not be used to send any unsolicited material and shall not be communicated to any third parties other than the Data Processors who are bound by contract to the Data Controller.

 

6. LEGAL BASIS FOR THE DATA PROCESSING

The legal basis for the personal data processing for the purposes under section 5.a. and 5.b. above is art. 6.1 lett. b) of the Regulation (“[…] processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract”) as such processing is necessary towards the delivery of the services or to respond to the requests coming from the data subject. Submitting the personal data for these purposes is optional, but failure to submit it, if any, may result in the impossibility to activate the requested services or to respond to the data subject’s requests.

The processing or your personal data envisaged in section 5.c. above is a legitimate processing of personal data according to art. 6.1 lett. c) of the Regulation (“[…]processing is necessary for compliance with a legal obligation to which the controller is subject”).

The processing under section 5.d. above of data that can abstractly result in being possibly referable to the data subject, thus assuming the nature of personal data according to the GDPR, has its legal basis in article 6.1 lett. f) of the Regulation (Legitimate interest of the data controller in being able to have the availability of elements that allow to evaluate the effectiveness of the website in terms of image and business capacity), also given the possibility to inhibit the use of cookies in the simple manner described with precision in this Website’s information on privacy practices.

 

7. PERSONAL DATA RECEIVERS

Your personal data may be shared, for the purposes under section 5 above, with: 

1. any parties (jointly referred to as “Receivers”) typically acting in the capacity of data processors, i.e.: i) persons or companies or professional firms and offices that provide assistance and counseling to the Data Controller in administrative and legal matters with respect to the supply of the services; ii) any parties with whom it is necessary to interact for the supply of the services (e.g., the hosting providers that operate in the capacity of data controllers); iii) any parties charged with carrying out technical maintenance work (including the maintenance of network equipment and electronic communication networks);
2. any parties, bodies, or authorities to whom it is mandatory to communicate your personal data by law, by order of the public authorities, or in case of notification to investigate complaints and identify the source of the messages received by the users; 
3. any persons authorized by the Data Controller who are needed to carry out activities that are strictly related to the supply of services, who are committed to confidentiality or have an adequate legal obligation of confidentiality (e.g., employees).

 

8. OPTIONAL SUBMISSION OF DATA 

Except for what has already been specified concerning browsing data, users are free to supply their personal data. Failure to submit it may result in the impossibility to use the services offered on the Website. 

 

9. TRANSFER OF PERSONAL DATA

The Data Controller has no intention to transfer your personal data outside the European Union and the European economic space.

 

10. STORAGE TIME

Personal data processed for the purposes under section 5.a. and 5.b. shall be stored for the time that is strictly needed to fulfill those purposes. In any case, as this processing is carried out in order to supply the services, the Data Controller shall keep personal data for the time period allowed by the Italian laws and regulations in order to safeguard its interests. 

Personal data processed for the purposes under section 5.c. shall be stored for the time period provided for by the specific obligation or by applicable laws and regulations. 

Personal data processed for the purposes under section 5.d. shall not exceed 24 months of storage time, subject to supervened needs to retain it (e.g., legal protection in legal controversies).

 

11. RIGHTS OF INTERESTED PARTIES

At any time, according to the procedures and within the limits provided for by current laws and regulations, according to articles 7 and 15-22 of the Regulation, you have the right to ask the Data Controller to access your personal data, correct or erase it, or oppose its processing; you have the right to request the processing to be limited in the cases provided for by art. 18 of the Regulation; and to obtain the data that concern you, in a structured format, commonly used and readable with an automatic device, in the cases provided for by art. 20 of the Regulation. 

You have also the right to withdraw your previous consent at any moment, without prejudice to the legitimacy of the data processing based on the consent given prior to your withdrawal. 

Requests are to be sent in writing to the following address: [email protected]

In any case, you shall always have the right to file a complaint with the competent Supervisory Authority (Garante per la Protezione dei Dati Personali), as provided for by art. 77 of the Regulation, if you should feel that the processing of your personal data is contrary to current laws and regulations.

 
AMENDMENTS AND ADDITIONS

The Data Controller can modify or simply update this Privacy Policy, entirely or in part, also as a consequence of changes in the laws and regulations relevant to personal-data processing. Such modifications and updates of the Privacy Policy shall be notified to the users on the Website’s homepage. In order for you to be continuously updated on the information we gather and the use we make of it, we invite you to regularly visit this section so that you can view the most recent and updated version of this Privacy Policy, as indicated in the editing date below.

 Last updated November 10, 2020

 

General Terms of Use 

These General Terms of Use (hereinafter, “Terms”) have the purpose of regulating the procedures for using the website named en.longevitylee.com (hereinafter, “Website”), in all of its parts, and the Contents published in it.

The term “Contents” shall mean, by way of example but not limited to, texts, images, photographs, dialogues, music, sounds, videos, documents, drawings, logos, trademarks and domain names, and any other material, in any format, including the web pages, graphics, colors, fonts and Website design, layout, and the functions and software that are part of it.

The Website is property of L.E.E. Longevity Energetic Experience srl, (hereinafter the "Company") that shall have the power, at any time, to modify the present Terms entirely or in part. Therefore, users are advised to regularly access this section in order to check the most recent amendments and updates, paying attention to the editing date below. In case of partial or total disagreement with the following Terms, users are invited not to use the Website.

The present Terms only refer to the Website and do not apply to other web sites that the user may have viewed through links accessible from the Website.

For general information concerning the services supplied by the Company, it is possible to send an email to [email protected]. For any other legal information about Privacy and Cookies, please visit the relevant section on the Website.
 

1. User Responsibilities

The user shall be considered sole responsible for the use of the Website and its contents. The Company accepts no responsibility for the unlawful utilization of the Website and its contents by the user, except for the Company’s responsibility for malicious intent and serious misconduct.

By way of example, but not limited to, the user shall be the sole responsible for: 

• the communication of incorrect or false information and data; or the communication of data relevant to any third parties without their explicit agreement; or for the incorrect use of said information and data.
• any damages to computer systems or loss of data resulting from data-transmission or download operations. In particular, the Company accepts no responsibility for any damages from failure to gain access to the services present on the Website or for any damages caused by viruses, damaged files, interruption of service, erasure of contents, problems related to the network, to providers, or to telephone and/or telematic connections.
• the safekeeping and correct use of the credentials given for access to reserved services, if any; and any ensuing harmful consequence or prejudice to the Company or any third parties.

 

2. Intellectual Property Rights

The contents present on the Website are protected by the current laws and regulations concerning copyrights and industrial rights.

The Company states that it is the owner and/or licensee of all intellectual property rights relevant to the contents available on the Website and that, when necessary, it has obtained the authorization to use and reproduce said contents. The Company also states that it has received from the holders of said rights the guarantee of the title to these rights and the consequent indemnification against any liabilities resulting from the use of said contents in case of third-party claims. In any case, the Company is willing to remove such contents if duly notified and given evidence of the fact that they breach any third-party rights. 

The user shall not be granted any user license with respect to the contents, unless otherwise expressly provided.  The user is authorized to download, copy and/or share and reproduce the contents available on the Website only when expressly indicated. The use of the contents is exclusively allowed for the purpose of personal training and/or information and upon condition that the authorship of the contents and the indication, requested by the Company, of any other circumstance are duly observed and acknowledged. The use of the contents is not permitted for commercial purposes.

Any use that differs entirely or partly and in any way from the use expressly allowed and/or indicated on the Website and/or connatural with the type of contents it refers to is prohibited, unless previously agreed upon in writing by the Company.

The user shall have the right to carry out only those transitory or accessory acts that are an integral and essential part of the Website’s visualization and that are functional to the use of the contents and services offered through the Website.

 

3. Trademarks and Domain Names

The Company is the exclusive owner of the registered trademark L.E.E. Longevity Energetic Experience and the domain name en.longevitylee.com

Any other distinguishing marks and features present on the Website and belonging to any third-party proprietors are used within the Website for the sole purpose of differentiating the relevant products and services.

The Company and the owner/s of the trademarks that are present on the Website have the right to the exclusive use of the respective trademarks. Therefore, the user is not authorized to use them, unless previously agreed upon by the Company and by the owner/s of said trademarks.

Any use that is not authorized and, therefore, not compliant with the law is expressly prohibited and shall determine serious legal consequences.

 

4. Links to Third-Party Web Sites

From the Website it is possible to connect through hyperlinks to other web sites. The user is thus invited to pay particular attention to the fact that those websites are not the Company’s property or responsibility, as they are completely managed by other parties. It is therefore necessary to verify and eventually accept the relevant privacy-protection and cookies policies. Consequently, the Company disclaims any responsibility for any request and/or submission of personal data to any third-party websites.
 

5. Links to the Website

A user interested in activating any hyperlinks to the Website shall contact the Company at the email address [email protected] in order to obtain the prior authorization to do so. 

The activation of deep linking (such as deepframes or deeplinks) to the Website, as well as the unauthorized use of meta-tags are prohibited without the Company’s prior consent.

 

6. Website Contents

The Company has adopted every measure to avoid the publication on the Website of contents that can be considered harmful to human rights and to the dignity of persons, in all of its forms and expressions, and/or prejudicial to third-party rights.

Furthermore, the Company has adopted every precaution to assure its users that the Website contents are accurate and contain information that is correct and updated to the date of their publication, disclaiming any responsibility for the accuracy and completeness of the contents published on the Website.

The Company further undertakes to ensure a continuous and functional access to the Website; however, it cannot guarantee its users that the Website will operate with continuity, without interruption, and in the absence of errors or malfunctioning due to the Internet connection.

For any problems found in using the Website, please contact the following email address: [email protected], as well as your Internet service provider.

These General Terms of Use are governed by the Italian law.

Last updated: November 10, 2020

GENERAL TERMS OF SALE

1. Preliminary Remarks

1. According to the current laws concerning electronic commerce (legislative decree 9 April 2003, nr. 70, implementing the Directive 2000/31/EC) and consumer protection (leg. Decree 6 September 2005, nr. 206 – Codice del Consumo, the “Code of Consumption,” amended by the Leg. Decree 21 Feb. 2014, nr. 21), these general terms of sale (hereinafter referred to as the “Terms”) regulate the relationships established through the agreements for the purchase of products, digital contents, video streaming services, and live streaming services that have been entered into through the website www.longevitylee.com (hereinafter referred to as the “Website”) between L.E.E. s.r.l. (hereinafter referred to as the “Seller”) and every user (hereinafter referred to as the “Buyer”) who navigates through the Website and intends to purchase the products, the digital contents, and/or the services offered on the Website.
2. The Buyer may or may not be qualified as “consumer” according to the provisions of the above-mentioned Codice del Consumo. According to art. 3, paragraph 1, lett. a) of the Codice del Consumo, a “consumer” is defined as the physical person who acts for purposes outside the entrepreneurial, commercial, artisanal, or professional activity that he or she might exercise.
3. The Seller cod. fisc. 02433680440, p. iva 02433680440 has legal premises at Amandola (FM), Contrada Santa Maria, 2 - 63857 Italy, certified e-mail address: [email protected].
4. The Website is property of the Seller, who is sole holder of the right to use the relevant dominion names, trademarks, and distinguishing features. For further and more detailed information, the Buyer is invited to consult the “Terms of Use” published on the Website. 
5. These Terms shall be deemed to have been fully examined, understood, and accepted by the Buyer at the moment of completing the purchase orders made on the Website. Failure to accept these Terms shall not allow the Buyer to use the products, digital contents, and services offered on the Website.

 

2. Subject Matter of the Agreement

The products, digital contents, video streaming services, and services in live streaming that are the subject matter of the contracts are the ones presented, described, and offered in the Website’s homepage and/or in the Website’s web pages. 

2.2 The Buyer can carry out the purchase by registering on the Website by filling out a special form dedicated to a specific product, digital content, video streaming service and/or live streaming service.

2.3 The Buyer has the possibility to view the information sheet of each product, digital content, video streaming service or live streaming service containing the indication of the main traits, availability, and price in Euros. The images used to describe the products may not have a full and real correspondence because of the graphic settings and of the technical features of the computer devices or systems used by the Buyer to view the Website. The published images shall be deemed to be representative within the limits of normal tolerance. In order to present digital contents, video streaming services, and live streaming services, images will be used merely by way of illustration and example.

2.4 At any time and without prior notice the Seller may remove and/or modify products, digital contents, video streaming services, and live streaming services, without any liability towards the Buyer. For the purposes of the purchase, the description of the products, digital contents, video streaming services, and live streaming services contained in the purchase order shall apply.
 

3. Registration on the Website

The Buyer can browse through the Website as a registered user after having created a personal account. The creation of an account on the Website takes place according to the following procedure: (i) insert personal and contact information (first name, last name, address, telephone number, e-mail address); (ii) choose and insert a safe password; (iii) view and accept the Privacy Policy and the Terms of Use; (iv) if so desired, agree to the commercial communication service relevant to the Seller’s products, digital contents, services, and activity; (v) confirm the inserted data and the intention to register on the Website through the s.c. “point and click” method (i.e. by placing a “flag” on non-preselected boxes and/or clicking on a specific key – e.g. “Register”) (“Registration”). 

 3.2 The Registration allows the Buyer to benefit from additional Website functionality and exclusive services that are subsequent to the purchase, such as, for example, the possibility to create a product wishlist, to memorize one’s access data, to access the history of the purchase orders, etc.

3.3 The Registered Buyer acknowledges the strictly confidential nature of his/her own account and access data (username and password) and undertakes to keep said data confidential; to avoid making it available to third parties, also by occasionally changing the password and using safe passwords (e.g. 8-digits alphanumeric code with at least one special digit and using capital and lower-case letters); and to avoid leaving his/her device unattended with the active account, releasing the Seller from any liability for acts or facts carried out fraudulently by the registered Buyer and/or third parties who have accessed the account by means of the registered Buyer’s malicious or negligent conduct.

 

4. Procedure for the Execution of the Agreement

In order to make and complete the purchase of the products, digital contents, video streaming services, and/or live streaming services through the Website, the Buyer, by observing the telematic procedure required by the Website, shall (i) access the Website section relevant to the product, digital content, video streaming service, and/or live streaming service in which he/she is interested; (ii) fill out the invoicing sheet by inserting his/her personal data and the necessary information for shipping or downloading; (iii) after having viewed the summary of the order, with the possibility of modifying it, and after having accepted these Terms and selected the desired payment method, make the payment and send the order to the Seller. 

4.2 The agreement between Buyer and Seller shall be deemed to be executed after the Seller shall have accepted the purchase order and the Buyer shall have received a communication confirming the order at the email address supplied during the procedure required by the Website.

4.3 The communication confirming the purchase order shall contain the summary of the data supplied by the Buyer and the moment of purchasing, the purchase order number, the indication of the purchased products, digital contents, video streaming service and/or live streaming services, their respective price, the cost of shipping expenses, if any, and the shipping address, and a link that enables the Buyer to view and print a copy of the Terms.

4.4 If the product, digital content, video streaming service, and/or live streaming service selected by the Buyer is not available for sale, the Seller shall inform the Buyer, who will have the power to cancel the order and obtain the reimbursement of the amount paid to the Seller. The timing for the reimbursement from the Seller may vary according to the payment method chosen by the Buyer upon completing the purchase order. 

4.5 At the moment of the purchase, the Buyer declares that he/she is of age and guarantees the correctness of the submitted data, releasing the Seller from any responsibility resulting from the impossibility to perform the obligations ensuing from the closed agreement. The inexact or incomplete indication of the data submitted by the Buyer shall not imply for the Seller the obligation to carry out the order until the needed correction shall have been made. 

4.6 The Seller shall have the power to refuse or cancel the orders sent by Buyers with whom a legal controversy is in progress and/or who have previously infringed on these Terms and/or are involved in frauds of different types (e.g., credit card cloning).
 

5.   Prices and Payment Methods

The prices of products, digital contents, video streaming services, and/or live streaming services indicated on the Website are VAT included and do not include shipping costs, if any, which shall be charged to the Buyer and are expressly indicated and added to the price of the selected product, digital content, video streaming service, and/or live streaming service upon completing the purchase procedure. 

5.2 Payment can be made through the following methods and systems https://en.longevitylee.com/subscrictions-longevity-energetic-experience-howard-y-lee

5.3 At any moment shall the Seller have the power to modify the prices of products, digital contents, video streaming service, and/or live streaming services offered on the Website and/or in the different pages of the Website itself. Invoicing is always on the basis of the prices indicated on the Website at the moment the purchase is completed and in the communication that confirms the purchase order sent by the Seller to the Buyer.
 

6.   Product Shipping and Delivery

The purchased products shall be delivered in Italy and abroad at the address indicated by the Buyer during the purchasing procedure within no more than 30 (thirty) days from the date when the Buyer has received the communication confirming the order. The indicated delivery term shall be considered as merely indicative and not essential. The Seller can avail itself of the postal service or express courier for the shipping and delivery of the products.

6.2 The shipping costs, to be entirely borne by the Buyer, are additional with respect to the price of the product being sold and are indicated at the moment in which the relevant order is confirmed.

6.3 At the moment of shipping, an email will be sent to the Buyer with the indication of the shipping company in charge of delivery and of the number identifying the shipping, through which the Buyer will be able to check the shipping status. 

6.4 In case of withdrawal from the agreement or termination thereof, the shipping costs will be entirely reimbursed to the Buyer together with the product price; however, the cost of returning the product shall be borne by the Buyer.
 

7.   Download of the Digital Contents and Use of the Video Streaming Services and Live Streaming Services

The Buyer can download the digital contents and use the video streaming services and the services in live streaming after the agreement entered into with the Seller is executed.

7.2 After having confirmed the purchase order, the Seller shall send a subsequent email to the Buyer with the instruction and credentials needed to do the download of the digital contents and/or to access the purchased video streaming services and/or live streaming services. The download of the digital content and/or the beginning of the video streaming or of the live streaming by the Buyer shall entail the immediate beginning of the performance of the agreement.
 

8.   Guarantees and Conformity

The Buyer acknowledges that the material relevant to products, digital contents, video streaming services, and/or live streaming services (e.g., photographs, images, descriptions) is published on the Website exclusively for the purpose of informing about their essential characteristics. Photographs, images, and descriptions shall not be binding by contract.

8.2 In compliance with the current national and European laws and regulations concerning consumer protection, the Seller shall guarantee the conformity of the products, digital contents, video streaming services, and/or live streaming services to the ones described in the Website. 

8.3 The Seller shall be responsible towards the Buyer for any non-conformity of the product and digital contents that exist at the moment of delivery or download and that manifest themselves within 2 (two) years from such delivery or download, upon condition that the Buyer will have notified the Seller within 2 (two) months from the date in which the defects have been found, subject to forfeiture. 

8.4 The Seller shall be notified with a communication to the email address [email protected]

8.5 In order to avail him/herself of the legal guarantee, the Buyer shall contact the Seller and shall follow the procedure that the Seller shall indicate, providing evidence of the purchase, of the product delivery, or of the download of the digital content, of the existence of a defect, and of the date said defect has been verified. To this purpose, throughout the guarantee period the Buyer shall keep the communication confirming the purchase order, the receipt of the purchase, and any documents attesting to the date of the product delivery or of the download of the digital content and, if requested, shall gather and send photographic documentation of the defect complained about. 

8.6 The non-conformity exists when the purchased product or digital content (i) is not suitable for the use that goods of the same type are normally intended for and/or (ii) is significantly different from the description on the Website, subject to the provisions of article 2.3.

8.7 In case of a non-conformity duly reported within the above-mentioned time period, the Buyer shall have the right:

1. a) as primary option, to the substitution of the product or digital content free of charge; 
2. b) as secondary option, to a price reduction or to the termination of the purchase agreement, at the Buyer’s discretion, if the substitution is impossible or excessively expensive.

The remedy requested by the Buyer shall have to be met within 60 days from the date in which the notification of the complaint is received.

8.8 However, it shall not be permitted to terminate the purchase agreement if the non-conformity is small and if it will not have been possible, or if possible, it will have turned out to be too expensive, to carry out the remedies provided for in article 8.7 a). 

8.9 In light of the checks made by the Seller on the documentation envisaged in article 8.5 above, the Seller reserves the right to request the product to be returned in order to verify, at Seller’s own discretion, the existence of the reported defect. 

8.10 To the Buyer who is not legally qualified as “consumer” shall apply the provisions relevant to the defect of the sold good, the guarantee for the lack of promised and essential qualities, and the other guarantees provided for by the Italian Civil Code with the relevant expiry terms, forfeitures, and limitations.
 

9.   Seller’s Responsibilities

The Seller undertakes to do everything in the Seller’s power to supply the products, digital contents, video streaming services, and/or live streaming services offered on the Website. The Seller shall not be responsible for any disservices and/or failed delivery of any products, digital contents, video streaming services and/or live streaming services offered on the Website due to force majeure or fortuitous events, including ones dependent on the malfunction or interruption of the Internet network, if it is not possible to perform the purchase order within the time period indicated in these Terms. 

It remains understood that the extension of the situation of force majeure beyond 90 (ninety) days will allow the Buyer to withdraw from these Terms and/or from any sales agreements relevant to the products, digital contents, or any ongoing video streaming services and/or live streaming services, it being understood that no compensation or indemnity shall be due by the Seller, with the exclusion of the reimbursement of the price and shipping expenses borne by the Buyer, which will take place according to the payment method chosen by the Buyer at the moment of completing the purchase order. 

9.2 In addition to the hypotheses of force majeure or fortuitous events, the Seller shall have the power to interrupt the supply of digital contents, video streaming services and/or live streaming services, giving notice to the Buyer, if there will be founded reasons to believe in the possibility of security problems and/or of problems with the protection of confidentiality rights.

9.3 The Seller guarantees the conformity of the products and digital contents to the safety standards established by the current national and European laws and regulations. The Seller accepts no responsibility for damages, including indirect damages, to persons and/or goods caused by the products and/or digital contents and/or resulting from the use of the products and/or the digital contents that differs from normal use.

9.4 The Seller shall not be responsible for the damages that could derive to persons and/or goods from the performance of the product delivery services, from the download of the digital contents, and from the video streaming and live streaming services.

9.5 The digital contents, video streaming services and/or live streaming services offered on the Website are produced so as to guarantee the compatibility with the most common operating systems and the main browsers. The Buyer must possess some essential minimum hardware and software requirements that are generally met in a normal, standard home system. The Buyer shall also adapt his/her hardware and software system in case it becomes necessary as a consequence of Website updates relevant to the supply of digital contents and online services. 

9.6 The Buyer acknowledges that the activities that are the subject matter of the digital contents, of the video streaming services, and of the live streaming services described and offered in the Website are not a classical or alternative medical therapy, nor have any diagnostic and/or medical validity. The Seller shall be released from any responsibility deriving from the Buyer’s physical and/or psychological fitness to the practice of the activities that form the subject matter of the digital contents, video streaming services, and live streaming services described and offered in the Website.
 

10.   Right to Withdraw

As provided for by art. 52 of the Codice del Consumo, the Buyer who qualifies as consumer shall have the right to withdraw from the agreement, without the application of any penalty and without any obligation to specify the reason for such withdrawal, within 14 days from: 

1. a) in case of an agreement for the sale of digital contents, video streaming services, and/or live streaming services, the date the agreement is executed and upon condition that, prior to that time, the Buyer has not downloaded the digital contents and/or used the video streaming and/or live streaming services; 
2. b) in case of product sales agreement, from the date of delivery.

10.2 In order to exercise the right of withdrawal, the Buyer shall communicate to the Seller his/her intention to withdraw from the agreement through written notice sent to the e-mail [email protected], within the above-mentioned deadline for the withdrawal.

10.3 In the case of the right to withdraw from a product sales agreement:

1. a) according to art. 57 of the Codice del Consumo, the Buyer shall send the received products back to the Seller within 14 days from the date in which the Buyer has notified to the Seller the Buyer’s will to withdraw from the agreement.
2. b) the products will have to be returned whole, in their original package and complete with the relevant tax documentation. The shipping expenses for returning the goods shall be borne by the Buyer. The products shall be sent to the Seller’s following address: Contrada Santa Maria, 2 - 63857 Amandola (FM).
3. c) as a consequence of the right to withdraw, the Buyer shall be freely reimbursed all amounts paid to the Seller. The reimbursement shall be done by the Seller using the same means of payment chosen by the Buyer at the moment he/she completed the purchase order, subject to any different agreement intervened between the Seller and the Buyer.
4. d) The Seller shall make the reimbursement within 14 days from the date in which the Seller shall have been informed by the Buyer of the latter’s intention to withdraw from the agreement.

10.4 In case the right to withdraw is exercised with respect to an agreement for the purchase of digital content, video streaming services, and/or live streaming services:

1. a) the Seller must make the reimbursement within 14 days from the date in which the Buyer informed the Seller about his/her intention to withdraw from the agreement, subject to the verification that he/she has not downloaded the digital content and/or has not used the video-streaming services or live-streaming services that have to be returned. 
2. b) consequently to the exercise of the right to withdraw, the Buyer shall be entitled to the free reimbursement of all the amounts paid to the Seller. The reimbursement shall be done by the Seller using the same means of payment chosen by the Buyer at the moment of executing the purchase order, subject to any different agreement intervened between the Seller and the Buyer.

10.5 Should the Buyer fail to exercise the right to withdraw in compliance with the provisions of these general terms, and, in the absence of such provisions, in compliance with the law, the agreement may not be considered terminated and the Buyer shall have no right to the reimbursement of the amount paid to the Seller.

10.6 The valid exercise of the right to withdraw shall terminate the Seller and Buyer’s obligations to perform the agreement entered into for the purchase of products, digital contents, video streaming services, and live streaming services.

 

11. Exclusion of the Right to Withdraw

According to art. 59 of the Codice del Consumo, the right to withdraw is excluded in service agreements after the service is fully performed, if the performance has begun with the Buyer’s expressed agreement and the acceptance of the loss of the right to withdraw from the online sales agreement after the Seller’s full performance of the sales agreement.

11.2 The right to withdraw is excluded in the case of supply of custom-made products; of sealed products that are not suited to be returned for sanitary reasons or reasons connected to the protection of health that have been opened after delivery; of products that risk deteriorating or rapidly expire; or in the case of supply of sealed audio or video recordings (e.g., a DVD or music CD) or of sealed computer software that have been opened after delivery. The supply of audio or video recordings shall be deemed to have been opened after the removal of the SIAE seal. 

11.3 Moreover, the right to withdraw is excluded in the further hypothesis envisaged in art. 59, paragraph 1, lett. o) of the Codice del Consumo in case of sale of digital contents, video streaming services, and/or live streaming services by means of a non-material medium, if the performance of the agreement has started with the consumer’s expressed agreement and acceptance of the fact that in this case the Buyer would lose the right to withdraw.

 

12.   Applicable Law and Jurisdiction

These Terms are governed by the Italian substantive law, excluding any reference to other national laws or collections of international laws. 

12.2 In any controversies relevant to the present Terms and/or sales agreements and to the services, including their performance, interpretation and/or cessation for any reason, the Court of Law of the Buyer Consumer, if located in the Italian territory, shall have jurisdiction.  In all other cases, the Court of Law of Bologna shall have exclusive jurisdiction.

12.3 Subject to the provision of article 12.2 above, the Seller reminds the Buyer that, according to article 14 of the Regulation 2013/524 (EU), and without binding obligation, the Buyer may find any useful information to access the online settlement of controversies (s.c. ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

12.4 In the case of a Buyer who is not a consumer, the Court of law with jurisdiction shall be determined by applying the rules provided for in the Italian Civil Procedure Code.

13.   Contacts
    13.1 For any request for information or assistance and to present any complaints, the Buyer may send an email to the email address [email protected] or send by regular mail a communication on paper to the address Amandola (FM), Contrada Santa Maria, 2 - CAP 63857.

14.   Privacy and Data Processing

14.1 The personal data submitted by the Buyer at the moment of purchase, including the payment data, shall be processed for the purposes and according to the procedures indicated in the Privacy Policy adopted by the Seller and made available for viewing in the relevant section of the Website.

 

15.   Miscellaneous Provisions

15.1 These Terms may be modified by the Seller at any time in adjustment to and observance of the provisions contained in the current laws and regulations in the sector. Any modifications and new terms shall be in force as from the moment of their publication on the Website in the relevant section where the date of the last update is indicated.

15.2 In any case, the Terms that rule the relationship between the Seller and the Buyer are the ones adopted at the date in which the agreement is executed and the ones indicated through the link in the communication confirming the purchase order sent by the Seller to the Buyer.

15.3 These Terms consist of the totality of the clauses that constitute them. If one or more provisions should be considered as invalid or declared as such according to laws, regulations, or as the result of a decision by a Court of Law having jurisdiction, the other provisions shall continue having full power and effectiveness.

15.4 Any matter not explicitly ruled in these Terms shall be ruled by the Italian Codice del Consumo and Civil Code.

Last updated: January 05, 2021