GENERAL CONDITIONS OF USE AND SALE

GENERAL CONDITIONS OF USE AND  SALE

Last updated 5 July  2019

 

Article 1 – General provisions

1. By browsing and/or purchasing products and services on the website www.martinarando.com (hereinafter, the “Website”), the User fully and unequivocally accepts these General Conditions of Use and Sale, as well as the Privacy Policy and the Cookie Policy adopted by the Website itself and viewable by means of a specific link in the footer.

 

2. The products and services offered by the Website are provided by Martina Rando (hereinafter, the “Supplier”), a sole proprietorship with registered office in Italy, Via Luisa Battistotti Sassi n. 13 – Milan 20133 (Tax code: GLTMTN91S59L682W; VAT number: 09848190964; REA registration number: MI – 2557767).

 

3. The Supplier, for any request, assistance, communication, complaint, can always be contacted by email at the following addresses: Info@claudiac52.sg-host.com and martinagalatirando@pec.it.

 

Art. 2 – Subject matter

1. These General Conditions of Use and Sale govern – on the one hand – the conditions of sale of products and services offered through the Website and – on the other – the conditions of use of the Website itself.

 

2. The provision of services or the sale of products by parties other than the Supplier, which are present on www.martinarando.com through links, banners or other hypertext links are not, however, subject to these General Conditions of Use and Sale. Therefore, the User who intends to place orders and purchase products and services from parties other than the Supplier must verify their conditions of use and sale and their privacy policies. The Supplier therefore remains extraneous both to e-commerce transactions concluded between Users of www.martinarando.com and third parties and to the provision of services by parties other than the Supplier himself, not representing in any way, in these transactions, the selling party and assuming no responsibility for the contract of sale and its proper performance.

 

Art. 3 – Website and Account Registration

1. In order to purchase and use the services and products of the Website – which may also be used via an App for mobile devices – the User must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form. In this way, the User will be assigned an Account to which he can access by entering his email, which will be valid as a username, as well as his own password.

 

2. The User accepts to take all necessary precautions to ensure that his credentials remain secure and confidential and also undertakes to inform the Supplier immediately if he has reason to believe that his username and / or password are known by any third party or if his username and / or password are, or are likely to be used without authorization. The User must control access to his/her computer and devices and accepts, to the extent permitted by applicable laws, to be held responsible for all activities relating to his/her Account, with the obligation to indemnify the Supplier from any claim made by third parties for any reason whatsoever by virtue of the use of his/her username and password on www.martinarando.com or on the relevant App. The User must ensure that all data provided is true and complete and must immediately notify the Supplier of any change in the information provided during registration.

 

3. The User, in using the services and products offered by the Website, shall not: A) cause interruptions, damages or malfunctions to the services and products themselves and/or to the functions of the Website; B) pursue fraudulent purposes or in any case commit illegal activities; C) cause disturbance or prejudice of any kind; D) communicate data and information that are untrue, not up to date and/or correct; E) violate the laws on intellectual property and/or these General Conditions of Use and Sale. In the above cases, the Supplier may at any time and without prior notice suspend and/or close the Account, blocking the User’s access to the Website and the App, and not granting the User any refund. 

 

4. The User, without specifying the reason, can request at any time the closure of his Account, by sending an email to the Supplier. Such request is not subject to any penalty nor to the recognition of a refund to the User. The Supplier, upon receipt of the request, will promptly close the Account.

 

Art. 4 – Age requirements 

1. All Users who access the Website and/or purchase products and services through the Website declare that they are of legal age. Minor Users may register on the Website and obtain an Account only after obtaining the consent of their parents or the person legally representing them. Under no circumstances can children under thirteen years of age register on the Website.

 

Art. 5 – Conclusion of the contract 

1. The presentation of products and services on the Website constitutes a contractual proposal for purchase.

 

2. If the User wishes to buy a product/service offered by the Website, he/she may select it and add it to his/her shopping cart. During the purchase phase, the registration referred to in art. 3 of these General Conditions of Use and Sale must take place, unless the User has previously registered with the Website.

 

3. Once the product has been added to the shopping cart, the User will see a page indicating the product selected. To continue with the purchase procedure, the User must click on the button at the bottom left “Complete the order”. On the next page, the User must register by entering his/her personal data (name, surname, country of origin, email address). The user will also see a summary of the order, indicating the payment method to be selected (Paypal system, credit card, etc..) and a reference to these General Conditions of Use and Sale. At this point, to submit the order to the Supplier, the User must click on the button at the bottom left “Buy now” and will be directed to the payment provider, and then be redirected to the Website once the purchase is complete.

 

4. The User’s order will be considered as acceptance of purchase addressed to the Supplier for the selected product/service. The contract will be considered concluded when the Supplier receives the User’s order electronically, after verifying the correctness of the data relating to the order itself.

 

5. The order form – displayed immediately before the conclusion of the purchase contract and containing summary information about the essential characteristics of the product / service ordered, the price (including all applicable taxes or duties), the method of payment, the reference to these General Conditions of Use and Sale, etc.. – will be stored in the Supplier’s database for the time necessary to process the order and in any case within the terms of the law and will be made available to the User in the User’s Account.

 

6. Before clicking on the “Buy now” button and submitting the order form to the Supplier, the User may identify and correct any errors in the insertion of the data contained therein.

 

7. By making any purchase, the User confirms that he/she is fully and unconditionally aware of and accepts these General Conditions of Use and Sale, as well as the Privacy Policy and further information contained in www.martinarando.com, also referred to via links. The User undertakes to observe the above provisions in his relations with the Supplier.

 

8. Once the contract is concluded, the Supplier will send the User, by e-mail, a receipt of the purchase order with all the information already contained in the order form displayed before proceeding with the purchase (order number, product purchased, reference to these Terms and Conditions, etc..). The User, with a request to be sent by email to the address of the Supplier, may also receive an electronic invoice of the purchase made. The Supplier will provide the services and products of the Website only after verifying the actual and final credit of the amount in his favor.

 

9. The language available to conclude the contract with the Supplier is Italian or English.

 

Art. 6 – Product prices and payment 

1. The prices of products and services offered through the Website are inclusive of VAT and any other applicable taxes and are specifically indicated on the Website.

 

2. Prices of products and services may be updated. Therefore, before completing the purchase procedure, the User must ascertain the final sale price.

 

3. For the payment of the price of the products and services, the User may adopt one of the tools indicated in the order form (PayPal system, Stripe etc.). In no case will the User be charged higher costs than those actually incurred by the Supplier, in relation to the payment instrument chosen by the User.

 

Art. 7 – Right of withdrawal and Guarantees

1. The User has a maximum of fourteen (14) days from the date of conclusion of the contract with the Supplier to exercise the right of withdrawal without penalty and without giving any reasons, in accordance with applicable law. To this end, the User will communicate his willingness to withdraw by email to the Supplier at Info@claudiac52.sg-host.com, in which he will indicate his username and attach a copy of the document proving the purchase or invoice.

 

2. The User could not exercise the right of withdrawal in the cases provided for by applicable law and, in particular, by way of example and not limited to, in the case of the supply of digital content (including applications, software, ebooks, MP3, video, audio, etc..) through a medium that is not material (for example, a CD or DVD). In such cases, the User accepts the loss of the right of withdrawal as a result of the start of the execution of the contract, or the opening of the file with the aforementioned digital content.

 

3. If the User correctly and legitimately exercises his right of withdrawal, the Supplier will refund him for all payments made in relation to the product and/or service purchased. This refund will be made using the same payment system used by the User to make the purchase. The refund procedure will be activated as soon as possible and, in any case, within fourteen (14) days from the date on which the Supplier received the communication relating to the exercise of the right of withdrawal.

 

4. All products sold on www.martinarando.com are covered by the legal warranty of twenty-four (24) months for defects of conformity, in accordance with applicable law. The legal guarantee – to which the Supplier, as the selling party, is obliged – guarantees the goods against conformity defects with respect to the sales contract if such defects occur within two (2) years from the date of delivery of the goods. The User shall in any case be required to report the lack of conformity of the product within two (2) months of its discovery, at the address Info@claudiac52.sg-host.com. In the event of a lack of conformity, the User has the right to request the repair or replacement of the product, at no cost in either case. If the above remedies are not possible or excessively onerous, the User will be entitled to a reduction in the price paid or termination of the contract of sale, pursuant to art. 130 of the Consumer Code (Legislative Decree 6 September 2005 no. 206).

 

Art. 8 – Products and services of the Website

 

1. The Website offers the User the following products and services:

 

– Program #READYSETYOGA: SPLITS EDITION. This is an interactive yoga guide, in .html format, accessible via the Mobile App and Website, online and offline, with specific login credentials (username and password) provided during registration and upon payment. Access to the guide will be allowed simultaneously on up to two devices (for example, on a PC and smartphone or on a PC and tablet, etc.).

 

– Video files containing yoga classes and communication of events such as masterclasses, workshops, trips, etc., to which the User can subscribe according to the instructions provided from time to time by the Website. 

 

– Links to other sites for the purchase of products (for example, the book SMART YOGA purchased on Amazon and Ibs), subject to the provisions of Art. 2.2 of these Terms of Use and Sale. 

 

Art. 9 – Intellectual property rights

1. All the contents of the Website, such as, for example, images, photographs, audio files, documents, drawings, figures, logos, digital downloads, data collections and any other material, in any format, published on www.martinarando.com, as well as the characteristics of the Website itself (menu, web pages, colours, graphics, fonts, design, icon buttons, software, etc.) are protected by copyright and by any other intellectual property right of the Supplier.

 

2. It is not permitted to extract and/or reuse in any way or form, in whole or in part, temporarily or permanently, any substantial part of www.martinarando.com. Therefore, the User is in no case authorized to make use, in any way and form, of the contents of the Website and each individual work of it because they are protected by copyright and any other intellectual property right. For example, the User may not alter or, in any other way, modify the contents of the Website, or copy, reproduce, transfer to third parties, publish or license them.

 

Art. 10 – Suspension/interruption of the provision of services/products/Closure of the Website 

1. The Supplier reserves the right to prevent access to the Website and/or the services and products offered by the Website, to suspend or permanently close an Account, to remove or modify the contents of the Website at its discretion, if it has reason to suspect the existence of security problems and/or the violation of the applicable  relevant legal framework, these General Conditions of Use and Sale, the applicable guidelines or policies, or if such events occur. The Supplier will also suspend access to the Website at any time in order to offer new products and/or services, to comply with legal and/or regulatory provisions, and to make changes such as to make www.martinarando.com more efficient and usable or to enrich it with content.

 

2. Of the measures referred to in paragraph 1, the Supplier will immediately communicate on its home page or in any other suitable way for the purpose.

 

3. The Website may be permanently closed for reasons relating to the Supplier. In this case, all products and services available only through www.martinarando.com or App (online and offline) will continue to be available to Users who have completed the purchase for a period of two years from the conclusion of the last contract of sale.

 

Art. 11 – Changes to the Terms and Conditions

1. The Supplier reserves the right to modify and/or supplement these General Terms and Conditions of Use and Sale, also in consideration of possible regulatory changes. The new General Conditions of Use and Sale shall take effect from the date of publication on the Website. Therefore, the User will be subject to the terms of the General Conditions of Use and Sale in force from time to time when browsing www.martinarando.com.

 

2. The invalidity, nullity and/or inapplicability for any reason of any provision of these General Conditions of Use and Sale will not affect the validity and effectiveness of the other provisions. 

 

Art. 12 – Governing law and jurisdiction 

1. These general conditions of use and sale are governed by Italian law and in particular by Legislative Decree 6 September 2005 No 206, Consumer Code, and Legislative Decree 9 April 2003 No 70 on certain aspects relating to electronic commerce.

 

2. In the event of disputes or controversies arising from the purchase of Products and/or Services through the Website and/or from these Terms of Use and Sale and for the resolution of any conflict, the parties are subject to the exclusive jurisdiction of the Court of Milan, unless the User is qualified as a “Consumer” and in this case the court of the city where the User has his residence or domicile will be competent.

 

3. The European Commission also provides a platform for alternative out-of-court dispute resolution (article 14, paragraph 1, Regulation (EU) 524/2013), accessible on the website http://ec.europa.eu/odr.

 

Art. 13 – Disclaimer on content

1. The Supplier does not warrant in any way that the contents of the web site are appropriate legal or lawful in other Countries outside Italy. Nonetheless, in the event that such contents are considered to be lawbreaking or illegal in some of these Countries, please do not access this web site and, where you regardless choose to access it, we hereby inform you your use of the services provided by www.martinarando.com shall be your exclusive and personal responsibility. The Supplier has also adopted measures to ensure that the content of www.martinarando.com is accurate and does not contain any incorrect or out-of-date information. The Supplier cannot be held liable in any way for the completeness and accuracy of the content, except for its liability for gross tort and intentional negligence and as otherwise prescribed for by the law.