General conditions of the remote sales contract for online training courses

Given that

For the purposes of this contract, it is meant:

1. “Consumer“, the physical person who acts for purposes unrelated and/or non-referable to any entrepreneurial, commercial, artisanal or professional activity carried out, who acts for purposes not falling within the framework of each of the aforementioned activities;
2. “Professional“, any physical or legal person who acts in the framework of his commercial, industrial, artisanal or professional activity, by carrying out a purchase related to the profession carried out and/or relating to it;
3. “Customer“, the subject, both Professional and simple Consumer, who purchased the online training course according to the information and conditions expressed in this contract and in the descriptive sheet available on the site, to be understood as an integral part of the contract itself;
4. “Producer“, the physical person (Mr. Stefano d’Andrea) who provides the training service, identifiable with his/her name, trademark or other distinctive sign;
5. “Product”, the e-learning training course;
6. “Remote contract“, that contract concluded between the Producer and the Customer without the physical and simultaneous presence of the parties, through the exclusive use of one or more means of remote communication;
7. “Site”, the flexo.training website, of exclusive property of the Producer;
8. Prior to the online purchase of the product (with simultaneous full payment obligation), the Customer is required to express, in point and click mode, his consent to these conditions of sale, which in this way are assumed to be recognized and approved also pursuant to art. 1341 and 1342 of the Civil Code, together with the provisions governing the procedures for registration, access, navigation and use of the flexo.training site;
9. The Customer expressly authorizes the producer to use his e-mail address in relation to the activities related to the contract and to any dispatch of information on the remote learning services covered by this contract;
10. These general conditions may undergo changes and/or updates at any time by the producer, who will communicate them through the normal communication channels on the site.

The aforementioned premises form an integral part of these general conditions

Art.1 Object of the contract

This remote contract has as its object the provision, by the Producer to the Customer, of training courses in e-learning mode in these two macro areas:

• Basic course in flexography
• Advanced course in flexography

The Customer, after purchasing the courses and after the paid registration fee has been credited, will find access to the chosen course within his own reserved area of the site.

Art.2 Pre-contractual information

The Customer declares to have read, prior to the online purchase of the product, all the information contained in the “Course Sheet”, accessible on the site and from which the main characteristics of the product, the geographical address and identity of the Producer, the price and payment methods are evident. The courses will be accessible from the time of purchase for the duration indicated in the course sheet.

Art. 3 Duration

Access to the selected courses will last for the duration indicated in the course information sheet.

Art.4 Conclusion of the contract

Pursuant to and for the purposes of art. 1326 of the Italian Civil Code, this remote contract is considered completed when the Producer (and for them the Operators responsible for receiving data and communications relating to the conclusion and execution of the contractual relationship) is aware of the Customer’s adhesion to the training offer , manifested with their online registration to the chosen course.

The Customer, having completed the registration procedure and full payment of the relative fee, will find, in his/her reserved area, the icon to click to access the chosen course.

Art.5 Protection of copyright

The Customer acknowledges the Producer’s exclusive ownership of all parts of the Site, such as, by way of example and not limited to, the logos, images, texts, course contents: it follows, in application of Law 22.04. 1941 n ° 633 (Law on copyright), the absolute prohibition of commercial use by third parties, of total or partial reproduction, of re-elaboration and transmission in any form and in any way, without prior written authorization of the Producer.

It is forbidden to copy, distribute, publish or otherwise use or exploit the educational material without the prior written consent of the Producer. The Customer, responsible for the conservation and secrecy of the credentials, and owner (as a result of registering for the Course) of a personal and non-transferable right of access to the reserved area of ​​the site, thus undertakes not to have the services used and/or viewed , in no way, by third parties, refraining from carrying out any act that infringes the exclusive and proprietary rights of the Producer; as well as indemnifying and holding harmless the Producer from any claim and/or demand arising from the use and/or abuse of third parties. In case of violation of the prescribed obligations, the contract will be considered terminated by law and the Producer will be free to take legal action to protect any unfulfilled right, including compensation for damages suffered.

Furthermore, if a security problem or unauthorized use is deemed to exist or highly probable, the Producer may suspend access to the reserved area.

Art.6 Provision of the service

The Customer declares to be aware of and accept the hardware and software prerequisites necessary to access the online course purchased, such as:

The site has been created in such a way as to offer students and all possible users maximum compatibility with the most common systems available. Tests were carried out on all the most popular platforms (Mac OS, Windows, Linux) and on the main browsers (Google Chrome, Apple Safari, Mozilla Firefox, Microsoft Edge).

The required hardware and software requirements are minimal and are generally met on a standard home system. In order to make the most of the multimedia contents and online tutoring services, it is necessary:

• to have an Internet connection;
• to have one of the main browsers availableinstalled and regularly updatedon their machine;
• to have Adobe Acrobat Reader installed on their machine in order to view some materials in PDF format. This software is available free of charge at: http://www.adobe.com/products/acrobat/readstep2.html

The Customer also undertakes to adapt their hardware and/or software system in the event that it is necessary following subsequent updates of the site.

The producer will have the right to interrupt the supply of the training service purchased by the Customer, immediately communicating it via the Web or by other form, if:

• there were good reasons to believe that there could be problems of security and/or protection of the right of confidentiality;
• there is a need-opportunity to improve the procedures for accessing the online training courses, to increase their efficiency.

The aforementioned communication charges cannot be considered to exist in cases, alternatively considered, of force majeure, necessity or urgency.

Art.7 Security and confidentiality of data

The Customer guarantees that he has all the information entered on the flexo.training website for the purpose of purchasing the Course and accessing the related Servicelegitimately, also ensuring that they do not violate in any way, directly or indirectly, the right of third parties. Therefore, the Customer undertakes not to enter data which he cannot freely dispose of.

It is also forbidden for the Customer to enter false and/or invented data in the registration-enrolment procedure for the Course and in subsequent further communications related to the execution of the contract.

For this purpose, the Customer indemnifies the Producer:

• from any liability arising from the issuance of incorrect data and tax documents, since the Customer themselves is solely responsible for the correct entry of data;
• from any obligation and/or burden of direct and indirect verification and control in this regard.

If the falsity of the data provided is ascertained by the Producer or on the report of third parties, the Producer reserves the right to prevent/suspend the Customer’s registration.

Art.8 Responsibilities and obligations

The Customer is obliged to use the training service purchased exclusively. Therefore, he undertakes to act in good faith and in particular:

• not to sell the product to third parties;
• to carry out the activities of visualisation of the lessons;

Any behaviour contrary to good faith on the part of the Customer, as well as the violation of the aforementioned obligations and prohibitions, the list of which is to be considered non-exhaustive, cannot in any way be tolerated by the Producer as it is capable of compromising its image, honour and decorum, founding the exclusive responsibility of the customer and the right of the producer to interrupt the supply of the service and, if necessary, to appeal to the Authority, as well as request compensation for damage.

The Customer, therefore, releases the Producer from any liability in the event of complaints, legal actions, governmental or administrative actions, losses or damages resulting from the use of the services offered by the Producer contrary to good faith and/or illegal by the Customer themselves, of third parties connected to them or third parties in general.

Except in cases of wilful misconduct or gross negligence of the producer, the Customer expressly exempts the Producer from any liability for direct and indirect damages:

• that the Customer or third parties may suffer in connection with or depending on the supply of the training service, or as a result of the interruption of operation;
• that the Customer or third parties may in some way blame for the failure to provide connectivity by the telecommunication network operator, or even for the Customer’s use of connectivity (not high-speed) technically incompatible with the Service, as well as for the failure to use the Training Course as a result of defects found by the Customer in the use of the same, if all this depends on the failure to meet the minimum system requirements referred to in Art. 6, whose verification is the responsibility of the Customer;
• caused by third parties who illegally accessed the online training course, due to the Client’s lack of caution in custody of the login credentials (username and password) assigned to him, or due to the absence of other security measures that the Customer is required to adopt;

In no case will the Producer be held responsible for:

• the malfunctioning of the Service deriving from breakdowns, overloads, interruptions of the telephone lines, electricity or referred to the Internet network;
• breaches of third parties that affect the use of the Service, including, by way of example, slowdowns in speed or the failure of telephone lines and computers that manage the telematic traffic between the Customer and the educational platform from which the Service is provided ;
• any fraudulent and/or improper use of credit cards by the Customer.

It is the Customer’s sole responsibility to ensure interoperability between the connectivity, which they are equipped with, and the platform from which the Service is provided.

Furthermore, the Producer cannot be held responsible for non-fulfilment of its obligations deriving from causes that are not reasonably foreseeable, from impediments that are beyond the sphere of its direct and immediate control, or from force majeure. Upon the occurrence of one of the aforementioned force majeure events, the Producer will inform the Customer via the Site, together with the prospects of regular reactivation of the Service.

The Customer undertakes to hold harmless the Producer from all losses, damages, responsibilities, costs, charges and expenses (including legal) that may be incurred by the Producer as a consequence of any breach of the obligations undertaken by the Customer with the signing of this MembershipAgreement or Form, and in any case related to the entry of information on the site; all of this, even in the event of claims for damages made by third parties for any reason.

Finally, the Customer agrees to release the Producer from any liability in the event of complaints, legal actions, governmental or administrative actions, losses or damages resulting from the illegal use of the Service by the Customer or third parties.

It should be noted that the Producer does not provide any advice regarding the training needs of the Customers, consequently any responsibility for the correspondence between the educational contents and the needs of the Customer is entirely the responsibility of the buyer. Furthermore, the Producer cannot be held responsible for Courses incorrectly purchased by the Customer.

The information and materials relating to the courses provided are processed, reviewed and updated with accuracy, completeness and adequacy.

Finally, the Customer will not be able to transfer any obligation or right originating from this Contract to third parties, in the absence of prior written authorization, issued at the sole discretion of the Producer and communicated by the same by registered letter with return receipt or certified e-mail.

Art.9 Conditions for withdrawal – security deposit

The Customer-Consumer consciously and expressly agrees to lose any right of withdrawal from this remote contract, applying the exceptions to the right of withdrawal pursuant to Art. 59, paragraph 1 letter. a) and o) of the Legislative Decree 206 of 6 September 2005 (Consumer Code).

The Consumer, in fact, by purchasing the courses in e-learning mode, consents to the supply of digital educational contents through a non-material support, with the express agreement and with the acceptance of the fact that this circumstance precludes any right of withdrawal.

Furthermore, the Consumer agrees to lose his right to withdraw from this service, as it is made completely accessible and usable to the user through the choice of authentication credentials (username and password).

Art.10 Termination of contract by law

All the obligations previously assumed by the Customer, as well as the guarantee of the successful completion of the payment made by the same, are essential and relevant, so that the Customer’s failure to comply with only one of them will result in the immediate termination of the contract by law.

Art.11 Information and consent to the processing of personal data pursuant to GDPR 679/16

In compliance with the GDPR, the Producer undertakes to process all personal data acquired in relation to the contract in compliance with the legislation on confidentiality. In this regard, specific information is provided for the purpose of consent. See https://flexo.training/gdpr/

Art.12 Applicable law

These General Conditions of Sale are understood to be governed by Italian law

Art. 13 Jurisdiction

For any dispute arising from the contract or relating to it will be competent:

1. a) the Court of the place of residence or domicile of the Customer-Consumer pursuant to the current Legislative Decree No. 206 of 6 September 2005 (Consumer Code);
2. b) the Court of Milan exclusively, in any other case.

Art.14 Effectiveness

The obligations and commitments deriving from this agreement, which by their nature explain their effectiveness even after the expiration, termination or withdrawal (allowed only within the limits set out in Article 9 of this contract) from the contract, will remain valid and effective even after that date, until their satisfaction.

Art. 15 Final provisions

The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions.

These General Conditions of Sale are drawn up in two languages, Italian and English. In case of doubts regarding interpretation, the Italian version will prevail.