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ANDREA CABASSI

GENERAL CONDITIONS OF CONTRACT FOR THE USE OF THE CONSULTING/COACHING SERVICE IN AUDIO-VIDEO FORMAT AND CONNECTION

ART. 1 – PREMISES

1.1. These General Terms and Conditions of Contract govern the services and the services of consulting / coaching at a distance provided by Andrea Cabassi and are governed by the provisions on distance contracts contained in Chapter I of Title III of Part III of the Consumer Code Italian Legislative Decree 2016/2005 and by the rules on e-commerce in Italian Legislative Decree no. 70/2003.

1.2. The user is required, before proceeding to the activation of the services, to read carefully these General Conditions. The activation of services involves the full acceptance, without reservation, of these General Conditions.

1.3. The General Conditions may be subject to change and the most updated version will always be available on the site www.andreacabassi.com in the “Terms and Conditions” section. Andrea Cabassi reserves the right to modify these General Conditions at any time, without notice, and the same will be effective towards the User from the date of publication on the site.

1.4. The User accepts and recognizes that all communications, notices, conditions, agreements, information and any possible revision thereof will be provided in electronic form and in any case will be deemed to meet the requirement of written form when required by law.

Art. 2 – SUBJECT OF THE CONTRACT

2.1. The service is aimed at consulting/coaching services provided by Andrea Cabassi in audio and video format through the Internet.

2.2. Andrea Cabassi’s services are intended to offer the User a motivational path and a set of advice, guidance, exercises, tools and suggestions based on the author’s experience.

2.3. The service is provided only to Users over 18 years of age in two ways: a) through live audio-video connection between the User and Andrea Cabassi; b) through the vision of videos made by Andrea Cabassi and made accessible to the User.

2.4. The consulting / coaching services are provided through sessions lasting 30 minutes or multiples and can be purchased individually or cumulatively by the User, in unlimited numbers. Occasionally, and at the sole discretion of Andrea Cabassi, may be provided free consulting / coaching sessions for promotional and informational purposes.

2.5. The service may also provide for the electronic transmission of documentation, models or files, which will remain in any case the exclusive property of Andrea Cabassi, being forbidden to disclose them by the User.

Art. 3 – ACTIVATION OF THE SERVICE

3.1. The activation of the consulting/coaching services takes place through the platform www.squarespacescheduling.com. On this platform the User, having read these General Terms and Conditions of Contract and the privacy policy also published in the “Terms and Conditions” page of the website  www.andreacabassi.com, will be able to:

  • view and choose the dates and times of availability for remote audio-video connection sessions with Andrea Cabassi;
  • make the payment.

After having chosen the date and time and made the payment, the User will receive an email confirmation of the booking.

3.2. For viewing videos made by Andrea Cabassi, the operation that the user can make on the platform  www.squarespacescheduling.com is instead only the payment, after which the video will be made available immediately.

3.3. Sending the request for activation of services in the manner provided above is equivalent to a declaration of acknowledgement, consent and acceptance of the content of the privacy policy and these Terms and Conditions.

3.4. In the request for activation of services, the User must indicate:

  1. a) Name and Surname (mandatory data*);
  2. b) Home address (mandatory data*);
  3. c) Tax Identification Number (mandatory data*);
  4. d) Email address (mandatory data*);
  5. e) Phone number (optional data*).

3.5. For occasional free consulting/coaching sessions, if and when provided, on the platform of the website www.squarespacescheduling.com, having read these General Terms and Conditions and the privacy policy also published on the “Terms and Conditions” page of the website www.andreacabassi.com, the User will be able to:

  • view and choose the dates and times of availability for remote audio-video connections with Andrea Cabassi;

3.6 For the occasional free consulting/coaching sessions, when provided, the only mandatory data that will be required from the User are those indicated in points a), d) and e) of art. 3.4.

3.7. The lack of response from Andrea Cabassi, fifteen days after the request for the free session, shall be considered as unavailability of the service.

Art. 4 – PAYMENT AND CONCLUSION OF THE CONTRACT

4.1. After payment according to the terms provided for in Articles. 3.1 and 3.2, Andrea Cabassi will issue a regular digital invoice, which will be sent to the User in a courtesy copy in .pdf format or other non-editable format, printable by the User.

4.4. The Contract between the parties is concluded and perfected only when Andrea Cabassi receives the payment of the fee from the User. Only from that moment will arise for Andrea Cabassi the obligation to perform the requested service.

Art. 5 – EXECUTION OF THE CONTRACT

5.1. The date and time of conducting sessions of consulting / coaching through audio-video remote connection are chosen by the user in the manner prescribed by Art. 3.1 and 3.5.

5.2. It is still possible for the user to request the shift of the date and time provided through the appropriate tool of rescheduling on the platform www.squarespacescheduling.com, which can be accessed through the button that will appear in the email confirmation of the reservation provided for in Art. 3.1 or by email communication to be sent to staff@andreacabassi.com at least 24 hours before the date initially scheduled. In this case Andrea Cabassi will inform the User of the date and time for the new remote audio-video connection.

5.3. The consulting/coaching sessions through remote audio-video connection will be made through the platforms SKYPE, MEET, TEAMS, ZOOM. It will be care of the User to equip himself with an internet connection, microphone, earphones or headphones, a webcam to connect to his personal computer, smartphone or other device and one of the following messaging software, all downloadable for free: SKYPE, MEET, TEAMS, ZOOM.

5.4. Viewing-only sessions of videos made by Andrea Cabassi are accessible to the User at any time. Once viewed, the video will no longer be available to the User.

5.5. The User undertakes:

  1. a) not to use the service in order to make communications that cause damage, harassment or disturbance to third parties,
  2. b) not to use the service for the dissemination of defamatory, obscene, profane, racist, pornographic material and contrary to morality,
  3. c) not to use the service in violation of the rules on protection of confidentiality,
  4. d) not to allow the use of the service to unauthorized third parties,
  5. e) to protect their computer systems from access by unauthorized third parties or viruses.

5.6. The User acknowledges that Andrea Cabassi has exclusive ownership of all parts of the site www.andreacabassi.com, such as logos, images, text, as well as video content and any documents, models or files that may come into possession during the execution of the contract: it follows, in application of Law 633/1941 (Law on Copyright) the absolute prohibition of use, even commercial, by third parties, total or partial reproduction, reprocessing and transmission in any form and by any means.

Art. 6 – CONSUMER WITHDRAWAL

6.1. The User who qualifies as a “consumer” under the Italian Legislative Decree no. 206/2005 (i.e. a natural person who contracts for purposes unrelated to his business or professional activity) has the right to freely withdraw from the contract within 14 days from the conclusion of the same.

6.2. The right of withdrawal is exercised by sending, within the period provided, an email communication to staff@andreacabassi.com.

6.3. All Users who make use of the right of withdrawal within the prescribed period will not be charged any penalty.

6.4. The user who has exercised his right of withdrawal will receive from Andrea Cabassi an email request for IBAN bank details for the return of sums paid, which will take place within 15 days.

6.5. The user is aware and accepts that the right of withdrawal applies only to the consulting/coaching sessions not yet used. In the case of the purchase of multiple sessions as a package that provides for a discounted fee compared to the single purchase, the withdrawal will determine the application of the full price on the sessions already used and, as a result, the refund will be made only for the difference of the higher fee paid.

Art. 7 – RESPONSIBILITY

7.1 The User assumes all responsibility and liability for the content and forms of communications made through the use of the consulting/coaching service, relieving and indemnifying Andrea Cabassi from any action of any kind brought by third parties against the User.

7.2 Andrea Cabassi will not be liable in the event of:

  1. a) malfunctions and delays caused by force majeure, unforeseeable circumstances, by the User and third parties;
  2. b) incorrect use of the service by the User, malfunctions and total or partial interruption of the local access service, remote audio/video connection platforms or call termination provided by the telecommunications operator.

7.3 Andrea Cabassi is not in any way responsible for the improper use of the consulting/coaching service and any other information or service however provided.

ART. 8 – EXPRESS TERMINATION CLAUSE

8.1. Constitute, by way of example and not exhaustive, just cause for termination of the Contract governed by these Terms and Conditions, pursuant to Art. 1456 Civil Code: the communication by the User of false data, the disclosure by the User of content protected by intellectual property rights, the use of the service by the User for commercial purposes or for competitive purposes, allow the use of the service to unauthorized third parties.

Art. 9 – USER RECIPIENTS AND PRIVACY PROTECTION NOTICE

9.1. Andrea Cabassi will use the data provided by the User in accordance with the provisions of Regulation (EU) 2016/679 of 27.04.2016 (GDPR) and will make exclusive reference to the contact details provided by the User at the time of the request for activation of the service: it will therefore be the User’s responsibility to communicate any change in the same.

9.2. Sending the request for activation of the service, according to the procedures indicated in art. 3.1., constitutes a declaration, by the User, that he/she has read the privacy policy published on the “Privacy Policy” page of the website www.andreacabassi.com, as well as acceptance and prior consent to the processing of personal data provided, e-mail address and any telephone number provided.

9.3. The User may exercise the rights under the cited GDPR by sending an email to staff@andreacabassi.com.

ART. 10 – MODE OF STORAGE OF THE CONTRACT

10.1. Pursuant to art. 12 of Italian Legislative Decree 70/2003 Andrea Cabassi informs the User that the documentation relating to and underlying each contract is stored in digital format and / or hard copy in accordance with the rules on taxation and taxation and those relating to information security and protection of personal data.

ART. 11 – COMPETENT COURT

11.1. If the User qualifies as a consumer as indicated in art. 5, the court with territorial jurisdiction to hear any dispute arising from the contract will be the residence or domicile of the User pursuant to Art. 33, paragraph 2, letter u) of Italian Legislative Decree 206/2005.

11.2. In the event that the User does not have the quality of consumer is competent exclusively the Court of Parma, Italy.

ART. 13 – MANIFESTATION OF CONSENT EXPRESSED IN POINT AND CLICK MODE

Art. 13.1 with the booking of one or more sessions on the platform www.squarespacescheduling.com as and better described in art. 3, the User is required to express his consent in Point and Click mode and his acceptance of these General Conditions of Contract, which are assumed to be recognized and approved under Articles. 1341 and 1342 of Italian Civil Code.