Art. 1 – Background.
These terms and conditions, together with the regulations present on the platform and any documents indicated within this contract (hereinafter “Contract”), govern the relationship that is finalized between Giorgio Facchinetti (C.F. FCCGRG91L22F205S), owner of a sole proprietorship with VAT number 09020930963 and registered office in 20068 Peschiera Borromeo (MI), via Fratelli Cervi no.
16/1 and the User.
On the other hand, these conditions do not regulate the provision of services or the sale of products by third parties and/or parties other than Giorgio Facchinetti, who are present on the platform through links, banners or other hypertext links.
Article 2 – Subject matter and nature of the contract.
2.1 The subject of the Contract is the service offered, within the restricted area of the website giorgiofacchinetti.com (hereinafter also the “Platform”) and accessible at the URL https://academy.giorgiofacchinetti.com/. The service consists of the provision by Giorgio Facchinetti to the User of Online Training Courses pertaining to various aspects of bartending and spirits blending.
The entire service will be provided under the terms set forth in this contract, in the pages of the site, and in any regulations made known from time to time.
2.2 Within the site, in the course section, there is an information sheet that describes in detail the individual course indicating: its title, number of lessons, duration, subject matter of individual lessons, materials made available to users, course objectives, price, and instructor where the course integrates live webinar mode.
2.3 Purchased Online Services have no time limits on User use and/or enjoyment, except for scheduling one-on-one webinars.
Art. 3 – Definitions.
In addition to the terms that will be better explained later in this Agreement, the following are the most recurring definitions:
“Contract” means this contractual terms and conditions agreement between Giorgio Facchinetti and the User;
“Training courses” means any educational content, of any discipline offered on the Platform by Giorgio Facchinetti to Users.
“Parties” means jointly Giorgio Facchinetti and the User;
“Platform”: website of Giorgio Facchinetti with domain giorgiofacchinetti.com;
“Registration” means enrollment in the Platform by the User;
“Service”: provision of Training Courses;
“User” (or Buyer): the person of any nationality (with or without VAT number) who purchases the service of providing one or more Online Training Courses, after registering with the Platform.
Art. 4 – Registration.
4.1 The User, in order to use the Service, must first register in the manner specified in the Platform.
Registration to the Platform is free of charge and is necessary to purchase and to view courses.
4.2 To register, the User is required to fill in the appropriate form, entering the required personal data (first name, last name, cell phone number, e-mail and password) and, finally, click on the appropriate button confirming registration placed at the bottom of the form.
The User must provide accurate and true personal data.
It is strictly forbidden to enter false, invented, third-party and/or in any way untrue personal data.
Upon completion of the registration process, the User will receive an e-mail confirming his/her registration.
4.3 After completing the registration process, the User will already be logged into his/her personal account, upon acceptance to the link received by email for email confirmation.
Through the personal account created with registration, the User can purchase courses, view courses already purchased, update personal data, manage privacy settings, and take advantage of extra features made available to users.
4.4 Users may access their account by entering authentication credentials (e-mail address/username and password).
The use of the Service is strictly personal.
The transfer to third parties, for any reason whatsoever, of access credentials to the Service is prohibited.
The User agrees to retain these credentials and keep them secret.
Art. 5 – Prices.
5.1 The prices of the Courses offered on the Site are quoted in Euros, include VAT and are the prices in effect at the time the Order is placed by the User.
5.2 Giorgio Facchinetti reserves the right to change the price of the courses at any time, it being understood that the User will be charged the price of the course indicated in the order summary, and displayed by the User prior to the transmission of the order itself, and that no account will be taken of any changes (upward or downward) after that time.
Art. 6 – Purchase and payment methods.
6.1 To proceed with the purchase, the User must select the Course of his/her interest within the Platform and complete the appropriate procedure.
Payment for courses purchased on the Platform can be made by credit card.
The User can freely choose the payment method from those indicated in the purchase procedure.
– Purchase by credit card:
For payments by credit card, Giorgio Facchinetti uses the Nexi service, so the relevant data will not be in the possession of the Company, but will be processed only by the Payment Service Manager.
Following successful payment, the User will find the course active in his/her personal account, in the section https://academy.giorgiofacchinetti.com/, and will be able to start the course fruition.
In the event that the payment is not successful, the order will be considered terminated pursuant to Art.
1456 c.c.
– Purchase through PayPal:
For payments through the Paypal circuit, the relevant data will not be held by the Company, but will be processed only by the Payment Service Manager.
Following the successful completion of the payment, the User will find the course active in his/her personal account, in the section https://academy.giorgiofacchinetti.com/, and will be able to start the course fruition.
In the event that the payment is not successful, the order will be considered terminated pursuant to Art.
1456 c.c.
6.2 The User enters into a contract with Giorgio Facchinetti when, having concluded the order of the Service and accepted the terms and conditions with the point and click, he/she makes the payment in money by paying the amount provided for the Course in the manner indicated on the Platform.
The User, by confirming the purchase, declares that he/she has read the information sheet of the Course as well as all the information regarding the use of the Service.
6.3 Giorgio Facchinetti will issue tax receipts or invoices for each purchase and send it to the User’s e-mail address or through the SDI system.
For the purposes of the issuance of the tax receipt/invoice, the data provided by the User during the purchase procedure are authentic; therefore, the User is required to complete the check-out form by entering exact, complete and true data.
The User is responsible for the accuracy, truthfulness and completeness of the data provided.
6.4 The User agrees to indemnify and hold harmless Giorgio Facchinetti from any damages, compensatory obligations and/or penalties that may arise and/or be imposed on the same where such information is not accurate and/or not complete and/or not true.
Article 7 – Terms of Service.
The service provision of the Course shall be activated in accordance with the necessary time dependent on resources and in any case in the shortest possible time.
The User declares that he/she is aware and accepts that the deadlines for the activation of the aforementioned service, if any, are to be considered merely indicative.
Any slowdown of the Platform can never be considered as a delay in the activation of the said service.
In the event that the provision or making available of the Service should take place in such an organizational or logistical manner as to entail a longer timeframe for provision than that indicated, Giorgio Facchinetti reserves the right to inform the User of a longer deadline for activation.
Article 8 – Certificate of Attendance.
Giorgio Facchinetti issues, where applicable, a certificate of attendance that attests only to participation in the course purchased; it is specified that any knowledge acquired by the User is not attested.
The certificate of attendance does not constitute qualification or specialization required by specific regulations.
Article 9 – Right of Withdrawal.
9.1 If the contract is between Giorgio Facchinetti and a private consumer, the provisions of Leg.
n.
206/2005 (Consumer Code) shall apply.
It is recognized that the User has the right to withdraw within 14 days of ordering the Course.
In order to exercise the right of withdrawal, the User must not have viewed more than 10 % of the Course.
The User will no longer be able to request withdrawal if he/she has exceeded the 10 % viewing limit and/or if more than 14 days have elapsed since ordering the Course.
The User can check the viewing percentage of the Course from the progress bar.
9.2 The User may inform Giorgio Facchinetti of its decision to exercise the right of withdrawal by sending communication by e-mail, containing its references or by writing in the contact form on the Platform.
Subsequently, upon receipt of the notice of Withdrawal and verification of the existence of the requirements for obtaining a refund, Giorgio Facchinetti will activate the refund procedure without delay and, in any case, within 15 working days from the date on which the request for withdrawal was received.
Giorgio Facchinetti will also delete the course from the User’s account; therefore, the User will no longer have access to the course content.
Art. 10 – Contract Duration and Account Termination.
10.1 Unless otherwise specified, this Agreement will be valid indefinitely.
The User may request the cancellation of his/her account at any time, without specifying reasons, by sending a request to the e-mail address info@giorgiofacchinetti.com.
It is specified that the termination of the account entails the deletion of the services, products or courses purchased by the User.
10.2 Giorgio Facchinetti reserves the right to suspend and/or terminate the User’s account if the User:
(a) violates or has violated, even partially, these conditions of use;
b) provides or has provided, totally or partially, untrue, incomplete, incorrect data and information;
c) uses or has used the site for illegal purposes and/or in an illegal manner;
d) violates or has violated copyright and/or intellectual property rights of third parties and/or the provider.
Article 11 – User’s Responsibilities.
The User is responsible for any activity that occurs through his/her account and expressly agrees not to sell, transfer, or assign his/her account to any third party.
The User further represents that all information provided at the time of registration is true, accurate, current, and complete and agrees to keep said information current at all times.
You are responsible for the safekeeping and security of your access keys.
It is prohibited to use the Service for illegal or unauthorized purposes.
The User agrees to comply with all laws, rules and regulations applicable to the use of the Platform.
Article 12 – Changes and updating of conditions i contract.
Giorgio Facchinetti reserves the right, at its sole discretion, to change these Terms and Conditions.
From time to time, except where it is not necessary to make changes for legal, administrative or unforeseen and imminent danger reasons, Giorgio Facchinetti will provide at least 15 days’ notice before the updated Terms become effective.
Said notice of at least 15 days shall apply only in the event of changes affecting the content or meaning of the previous Terms and Conditions, in order to allow the User to possibly terminate the agreement within 15 days of receiving notice of a change by sending the request to cancel the account to info@giorgiofacchinetti.com.
The User may tacitly waive the 15-day notice period by continuing to use new services.
The User agrees that he/she will receive notifications regarding the updated Terms by posting them in e-mail (to the address provided during registration on the Platform when logging in) and that use of the Service after the effective date of the updated Terms constitutes acceptance of them.
The updated Terms will be effective upon their release, or such later date as may be specified within them, and will apply to your use of the Service from that time forward.
Article 13 – Intellectual Property.
13.1 Giorgio Facchinetti’s name and logo may not be copied, imitated or used, without the prior written permission of the owner.
13.2 All Courses of any discipline offered on the Platform are protected by Copyright and ownership belongs to Giorgio Facchinetti.
You may not reproduce, copy, sell or otherwise distribute, rent or lease, transmit, sub-license or otherwise transfer any rights in the Course content and/or any part thereof.
Article 14 – Limitations of Liability.
Under no circumstances shall Giorgio Facchinetti be held liable for any loss or damage of any kind (including, but not limited to, damages for loss of profits, loss of goodwill, loss of data, injury, consequential damages, lost profits, loss of chance, infringement of rights) that is directly or indirectly attributable to:
(a) the Platform;
(b) the content of the website “giorgiofacchinetti.com”;
(c) the activities of the Parties;
(d) the improper use of the Service;
(e) any action taken in connection with an investigation by Giorgio Facchinetti or by public authority;
(f) violations of copyright or intellectual property;
(g) any errors or omissions in the operation of the Service;
(h) any damage to users’ computers, mobile devices, or other equipment or technology, caused by security breaches, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays, network failures, or any other technical malfunction;
(i) erroneous data provided by Parties advertising their business; (l) erroneous data provided by other Platform users advertising their business.
Article 15 – Interruption of Service.
Giorgio Facchinetti provides a 24-hour “flat” type of service.
However, there will be occasions when the service may be interrupted, such as, but not limited to, in the event of maintenance or upgrade, for emergency repairs, due to disruptions to the telecommunications connection.
The User accepts such circumstance.
Article 16 – Applicable Law and Jurisdiction.
16.1 All disputes arising out of or otherwise connected with the interpretation, application or termination of this Contract shall be subject to Italian Law.
16.2 The Parties agree to submit any dispute to the exclusive jurisdiction of the Court of Milan.
In compliance with art.1341 c.c., the User declares that he/she has carefully read all the articles of the above extended contract and approves them unconditionally, with particular reference to Articles. 10 (Duration of the contract and termination account.), 11 (User’s responsibilities.) 12 (Changes and updating of the conditions i contractual.), 14 (Limitations of liability.), 16 (Applicable law and jurisdiction.).