General terms and conditions of sale of the website www.scuoladifallimento.com

These general terms and conditions of sale (“Terms and Conditions”) are made available to consumers and may be printed and stored, in accordance with section 12 of Italian Legislative Decree 70/2003, and they regard the purchase of products, made remotely on-line through the website: scuoladifallimento.com belonging to Scuola di Fallimento S.r.l. a socio unico (a sole member limited company) (“Vendor”), based in Modena (MO), Italy, in Piazza Roma, 30, VAT Reg. number 03861170367.

Clause 1 – Definitions

1.1 On-line sales contract means a remote contract, that is, the legal transaction entered into by and between a final consumer – customer or other professional users and Scuola di Fallimento S.r.l., within a remote sales system organised by the latter, a system that, for the purposes of this contract, exclusively uses remote communication technology known as the Internet.
1.2 Consumer means the natural person, whose personal identifying data have been provided in the registration form available at: http://www.scuoladifallimento.com, who purchases goods and services for purposes that do not involve, directly or indirectly, any professional activity that such consumer may be engaged in.
1.3 Professional user means the natural or legal person, whose personal identifying data have been provided in the registration form available at: http://www.scuoladifallimento.com that purchases goods and services for purposes that involve, directly or indirectly, the professional activity that such consumer may be engaged in.
1.4 Purchaser or user means both the consumer-final customer and the professional user.

Clause 2. Acceptance of the Terms and Conditions of Sale

2.1 These General Terms and Conditions are valid from 22.02.2021 and may be updated, supplemented or changed, obviously having effect from a future date, at any time by Scuola di Fallimento S.r.l., which will communicate such amendments through the pages of its website. The Terms and Conditions set out in the preamble are incorporated into this contract by reference thereto.
2.2 All contracts will be concluded directly through access by the consumer-customer or professional user to the website corresponding to the address: www.scuoladifallimento.com, through which they may purchase the desired goods and/or products, by carefully following the instructions and procedures shown.
2.3 These General Terms and Conditions of sale are required to be read on-line before completing the purchase procedure. The submission of confirmation of the purchase order, therefore, implies full knowledge and acceptance of said Terms and Conditions.
2.4 The consumer-customer and professional user, by sending the electronic confirmation of the purchase order, unconditionally accept and warrant to comply with, in dealings with Scuola di Fallimento S.r.l., the general and payment terms and conditions shown further on, expressly representing to have read and to accept all the instructions provided by the system regarding the order procedure, as well as the aforesaid rules, also acknowledging that the Vendor is not bound by any other terms and conditions unless previously agreed in writing.
2.5 The sales transactions are governed for the consumer by the provisions of Italian Legislative Decree 206/2005 (the Consumer Code), while data protection is governed by Regulation (EU) 679/16 and Italian Legislative Decree no. 196 of 30 June 2003, as amended.

Clause 3 – Sale prices and purchase methods

3.1 The products (intended as goods and services), the prices and Terms and Conditions of sale on the website www.scuoladifallimento.com – within the limits of their availability – constitute for the consumer an offer to the public and, therefore, require, for the contract to be concluded and acceptance by the consumer is manifested both through full completion all sections in the forms on the website, and by checking the boxes with the wording “I expressly accept the terms and conditions of sale”, “I state I have read, understood and accept the unfair clauses” and “I state I have read and expressly accept the wording of the privacy policy”.
3.2 Professional users, on the other hand, submit their purchase offer to the Vendor, by fully completing all sections in the relevant forms on the website and by ticking the boxes with the wording “I state I expressly accept the terms and conditions of sale”, “I state I have read, understood and accept the unfair clauses” and “I state I have read and expressly accept the wording of the privacy policy”. In such case, receipt of the order will not be binding on Scuola di Fallimento S.r.l. until it has expressly accepted the order in writing (for example, with an e-mail) or by shipping the goods.
3.3 The purchase offer made by professional customers is expressly agreed as irrevocable for thirty (30) days following the date of conclusion of the procedure referred to in the previous clause.
3.4 Otherwise, the total cost of shipping to the buyer’s address is at his expense, except for the exceptions and exemptions specifically advertised on the site. The price will otherwise be made known to the buyer before confirming the purchase.
3.5 The prices of the different shipping methods refer to the weight, dimensions, delivery destination and/or any other services requested (insurance, specific delivery times, etc).
3.6 All users may pay for the goods ordered using the payment methods shown at the time of purchase.
3.7 The buyer expressly attributes to Scuola di Fallimento S.r.l. the right to accept the order placed, also in part, allowing the direct shipping of the goods within the limits it shall deem fitting. In such case, the contract will be considered concluded for the goods actually sold. Whenever the buyer has requested more than one enrolment in a training course, whenever the number of places ordered is higher than those available, Scuola di Fallimento will contact the buyer to ask whether he would like to confirm the order for the still vacant places only or cancel it.
3.8 Scuola di Fallimento S.r.l. will be entitled to confirm and/or change the price shown, whenever an incorrect price has been published and the buyer is aware that such error is a price clearly lower than the one normally advertised. In this case, however, the buyer may cancel before the order is delivered or withdraw fifteen (15) days before the start of the course whenever the price so determined should be unreasonably high compared to the originally agreed price.

Clause 4 – Delivery methods

4.1 Scuola di Fallimento S.r.l. will ship the selected and ordered goods to buyers to the address indicated by them, in the manner shown in the preceding clause using courier services. Registration for the courses, on the other hand, will simply be confirmed by an e-mail sent to the e-mail address indicated by the buyer.
4.2 The buyer may use a third-party’s credit card for payment, as long as he specifies the relevant details both in the “Billing address” section and in the payment section prepared by the external payments provider (by way of example, but not limited to, PayPal or another banking or financial operator). Delivery, on the other hand, will be made to the address shown by the user in the “Shipping address” section.
4.3 Purchased goods will be shipped in compliance with the times provided under Italian Legislative Decree 206/2005. The Vendor accepts no liability for delayed delivery or non-delivery due to force majeure or unforeseeable circumstances.
4.4 The user is required to check conformity of goods delivered on receipt with the order placed; only after having checked goods and, without prejudice to the right to cancel provided under clause 8, the customer should sign the shipping documents.
4.5 The Vendor accepts no liability for damage to products or delays in delivery for goods purchased by the carrier, in that it is a party totally outside the relationship between carrier and user.
4.6 The consumer-customer or professional user may choose another carrier of their choice, it being understood that, in this case, shipping will be made at their sole risk, care and expense and payment may not be made on delivery but is required to be made in advance or made otherwise as shown on the Website. In this case, moreover, the buyer will not be able to enjoy any shipping promotions advertised on the Website.

Clause 5. Product availability

5.1 The user may purchase the products (intended as goods and services) under the conditions shown in the electronic catalogue prepared by Scuola di Fallimento S.r.l. and in the quantities in stock or available from its suppliers.
5.2 Scuola di Fallimento S.r.l. does not warrant the continuous availability of the products under the conditions offered, however, in case of non-availability and payment of the goods, it will promptly notify the buyer and refund the price, with no additional charges, within thirty (30) days from time of said notification.

Clause 6 – Liability

6.1 Scuola di Fallimento S.r.l. will in no way be liable for disservices attributable to force majeure, such as incidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, performance of the contract within the agreed times.
6.2 Scuola di Fallimento S.r.l. will in no way be liable to any party or third party for damage or loss suffered and, in any case, be liable for the costs following non-performance of the contract for the aforesaid reasons and the buyer will only be entitled to a refund of the price paid.
6.3 Scuola di Fallimento S.r.l. will in no way be liable for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment, at the time of paying for the purchased products. The company, in fact, at no time during the purchase procedure has knowledge of the buyer’s credit card number, which is sent directly to the banking service provider or payment gateway selected by the customer (for example, PayPal) via secure connection.

Clause 7 – Warranties and customer support methods

7.1 Scuola di Fallimento S.r.l. sells high quality products. However, in the event that any product will be deemed of unmerchantable quality within two years after its delivery, the consumer-customer may request its replacement or repetition at the price paid for its purchase.
7.2 For professional users, the warranty period corresponds to one year from the time of goods delivery.
7.3 The buyer who wishes to claim under the warranty is required to contact Scuola di Fallimento S.r.l. at the addresses shown in the “Contacts” section of the Website: www.scuoladifallimento.com, stating the defects found. Scuola di Fallimento S.r.l. will contact the buyer with instructions for returning the goods or the methods for collecting them at the shipping address shown by the user in the order form.
7.4 Whenever the merchantability defect is actually found by Scuola di Fallimento S.r.l., the user will receive the replacement of the defective item with another one that is the same or equal to or of greater value or, upon the buyer’s explicit request, repetition of the price paid for the purchase, with express exclusion of shipping costs. The warranty is not valid for the effects arising out of normal wear and tear of the goods caused by use.
7.5 The warranty is not valid for expired or incorrectly stored products.

Clause 8 – Buyer’s obligations

8.1 The consumer and professional user represent and warrant, once the online purchase procedure has been completed, to print out and keep these General Terms and Conditions, which they state to have already read and accepted as a necessary step for the purchase, as well as the specifications of the product or products being purchased, and the foregoing for the purpose of fully complying with the provisions of Italian Legislative Decree 206/2005 (Consumer Code).
8.2 These General Terms and Conditions may be updated or changed at any time by Scuola di Fallimento S.r.l. which will make such updates and changes known through its Website. Whenever a change is made to these General Terms and Conditions, the consumer-customer or professional user represents and warrants to print and retain them.
8.3 The buyer is strictly forbidden from providing false and/or invented and/or fictitious data during the registration process, required for enabling the procedure for the performance of this contract and subsequent notifications; personal details and e-mail addresses are required to be the buyer’s real personal data and not belonging to any other person or invented.
8.4 It is expressly forbidden to register twice for the same person or provide any other person’s data. Scuola di Fallimento S.r.l. reserves the right to legally pursue any breach and abuse, in the interest of and for the protection of consumers and all customers.
8.5 The Customer indemnifies and holds Scuola di Fallimento S.r.l. harmless against any and all liability arising out of the issue of incorrect tax documents due to errors regarding the data provided by the customer who is solely liable for the correctness of the data provided.

Clause 9 – Right to cancel

9.1 In accordance with section 64 of Italian Legislative Decree 206/2005 (Consumer Code), the consumer-customer may exercise the right to cancel an order by filling in the right to cancel form and sending it to the e-mail address: info@scuoladifallimento.com. The form for exercising the right to cancel may be downloaded here. This form is required to be completed in its entirety and duly signed by the consumer-customer.
9.2 Once the form has been sent, the consumer-customer has a further 14 (fourteen) days to return the goods received in their original packaging, with no tampering of any warranty seal and simple opening and/or tearing of the outer packaging and obtain a refund of the price paid for each item returned intact in its original packaging. Cancellation may be exercised without any penalty and without giving any reason. After said cooling-off period, the consumer-customer will automatically no longer be entitled to cancel an order.
9.3 Goods are required to be returned to the following address: Scuola di Fallimento S.r.l., Piazza Roma 30 – Modena (MO), 41121, Italy.
9.4 All costs for returning products will be charged to the consumer-customer who, directly or by other methods, will ship them to the Vendor’s address shown in sub-clause 9.3 above. All items are required to be received by the Vendor in the same conditions as they were shipped, together with the original packaging and any enclosed manuals and/or booklets that form part of the package and the original packaging.
9.5 Whenever goods are returned without packaging or any manuals and/or booklets supplied, Scuola di Fallimento S.r.l. is entitled to ask the Customer to reimburse the costs that will be incurred for restoring the packaging or materials contained therein.
9.5 Shipping costs incurred for the delivery of the product to the customer and for any return to Scuola di Fallimento S.r.l. are not refundable.
9.6 The refund will be credited by Scuola di Fallimento S.r.l. by and no later than fourteen (14) days from the time of receipt of the form referred to in sub-clause 9.1 to the same credit card, PayPal account or bank account used by the consumer-customer for making the payment.
9.7 In accordance with section 59 of the Italian Consumer Code, the consumer-customer expressly states to understand that he/she will lose the right to cancel an order in any one of the following circumstances:
a) The service has been delivered by Scuola di Fallimento, where performance has commenced with the consumer’s express consent, such as, for example, for the provision of training courses (Consumer Code section 59(a)).
b) The goods have been custom-made or have been customized according to the consumer’s instructions.
c) The purchase of a newspaper, periodical or magazine.
d) The purchase of an audio or video recording on physical opening of the media after delivery.
e) The request for the supply of digital content by means of a non-material support, whenever delivery has commenced with the express consent of the consumer, such as, for example, for on-line courses in synchronous or asynchronous mode.
9.8 The right to cancel is expressly excluded for professional users.

Clause 10 – Authorisations

10.1 By completing the appropriate field in the payment form on the Website, the customer authorises Scuola di Fallimento S.r.l. to use his/her credit card, or other card issued to replace such card, and to debit his/her bank current account for the total amount shown as the price of the purchase made “on-line”. The entire payment procedure is performed via a secure connection, directly linked to the banking institute or “on-line” payment service or payment system set up by PayPal, which Scuola di Fallimento S.r.l. is unable to access.
10.2 Whenever the consumer exercises the right to cancel, as described in clause 9 of these General Terms and Conditions, whenever the sale is not completed after payment, the amount to be refunded will be credited to the same credit card or to the user’s PayPal account.

Clause 11 – Termination of the contract and express termination clause

11.1 Scuola di Fallimento S.r.l. is entitled terminate the contract to which it is a party, by simply notifying the customer and providing the reason for such termination; in such case, the customer will be entitled exclusively to the refund of any amount already paid, with the express exclusion of any further claim to compensation requested for any reason whatsoever.
11.2 Specific buyer’s obligation under clause 8. (Buyer’s obligations), as well as the guarantee of the successful completion of the payment, are material conditions, so that, it is expressly understood, non-performance by the user of any one of such obligations will result in the termination of the contract, in accordance with article 1456 of the Italian Civil Code, without the need for a court decision, and without prejudice to the right of Scuola di Fallimento S.r.l. to seek remedy for any further damages.

Clause 12 – Data Protection (short form privacy policy disclosure on data processing)

12.1 The Controller is Scuola di Fallimento S.r.l., with registered office in Italy, Modena (MO), in via del Piazza Roma 30.
12.2 Personal data are collected for the purpose of registering and recording the customer and commencing the procedures for performing this contract and its attendant notifications; such data are processed electronically in compliance with laws in force and may be disclosed upon request from legally authorised authorities only.
12.2 Personal data will be disclosed to authorised agents for performing activities necessary for the performance of the sales contract and appointed as Processors. The updated list of Processors and authorised agents is available at the Controller’s offices.
12.3 The Data Subject may exercise the rights recognised under the GDPR at any time. They are as follows:
a) Right to access.
b) Right to data rectification.
c) Right to erasure and to be forgotten.
d) Right to restriction of processing.
e) Right to data portability.
f) Right to object to processing.
12.4 Rights arising out of data protection legislation and the disclosure obligations arising therefrom on the Vendor are required to be read on-line by the customer before concluding the purchase procedure. Submission of confirmation of the purchase order, therefore, implies full knowledge and acceptance of said Terms and Conditions. The consumer-customer and the professional user, by sending the electronic confirmation of their purchase order, expressly state they have been informed of all their rights under the aforementioned rules, taken from the full privacy policy published at the address: https://www.scuoladifallimento.com/en/privacy-cookie-policy/.

Clause 13 – Jurisdiction and Venue

13.1 Any dispute arising out of the enforcement, performance, interpretation and breach of the sales contracts executed “on-line” through the Website: www.scuoladifallimento.com will be referred to Italian jurisdiction. For any matter not contemplated under these General Terms and Conditions, referral shall be made to the provisions of Italian Legislative Decree 206/2005.
13.2 For any dispute than may arise between the parties in relation to this sales contract, alternatively, the Court in whose district the consumer has his/her domicile will have jurisdiction, in accordance with current legislation; for all other customers (foreign customers or non-consumers) it is agreed that any dispute, also in derogation of the rules relating to territorial jurisdiction, will be under the jurisdiction of the Court of Trieste. jurisdiction.

Modena (MO), 21 February 2021