Terms and conditions of on-line sale of Younite S.n.c.
Ver. 1.0 June 8, 2022
1.1 These general conditions of sale (hereinafter called “Conditions of sale”) discipline the contracts concluded between Younite S.n.c, Younite S.n.c. di NAN CATHARINA MARIA COOSEMANS E HIELE FLORIAN DJUARI, VAT N. 04389540404, with legal office in Riccione (RN) via Circonvallazione 48, e-mail firstname.lastname@example.org (hereinafter called “Seller“) and the User (hereinafter also “User“, as defined in paragraph 1.2) through the website www.youniteonline.com (“Site“), concerning the services indicated in the catalog of the site itself (hereinafter also the “Services”). Minors under the age of 18 cannot make purchases on the Site. The User who purchases on the Site undertakes to release the Seller from any liability if he made purchases on the Site without respecting his national law regarding purchase limits for reasons of age. The registration credentials on the Site must be used exclusively by the User and cannot be transferred to third parties.
1.2 Users of the Site are Consumers. Pursuant to art. 3 of Legislative Decree 206/2005 and subsequent amendments (“Italian Consumer Code”):
- a) Consumer means: “the natural person who acts for purposes unrelated to entrepreneurial, commercial, artisanal or professional activities eventually carried out”.
1.3 The User is required to verify and know the Conditions of Sale and any other information that is communicated to him by the Seller.
2.1 The User is informed that:
- a) the Seller of the Services is Younite S.n.c. di NAN CATHARINA MARIA COOSEMANS E HIELE FLORIAN DJUARI, VAT N. 04389540404, with legal office in Riccione (RN) via Circonvallazione 48;
- b) the Seller can be contacted by e-mail at email@example.com or by telephone at +39 338 4825290;
- c) the essential characteristics of the Service sold by the Seller are those indicated in the online catalogue of the Site at the time of consultation;
- d) the technical phases of the conclusion of the contract are those described in paragraph 3.1;
- e) any travel expenses are excluded from the price indicated for the Service;
- f) the payment of the Products is made by credit card with a certified cryptographic system, PayPal or bank transfer;
- g) if the User is a Consumer, he has the right of withdrawal under the conditions set out in paragraph 6);
- h) the Services described in the online catalogue are offered at the conditions and prices indicated on the Site; any related changes will be brought to the attention of the User in the same manner.
- HOW TO ORDER
3.1 The order of Services from the online catalogue of the Site takes place according to the following steps:
- I) the User chooses the Services he intends to purchase from the products listed in the electronic catalogue on the site, by clicking on the appropriate “Add to cart” button.
- II) The indication of the Service added to the cart is recorded in a special list of Services that the User intends to order (“Services Cart”); the User can change the quantities or delete Products.
III) The User approves the list of selected services by clicking on the appropriate “Proceed with purchase” button.
- IV) Before sending the order, the User must read and accept the Conditions of sale and give his consent to the processing of personal data.
- V) The User enters the required data in the appropriate form and the system calculates the total amount of the Services costs.
- VI) The User then chooses the method of payment (credit card, PayPal or Bank transfer) and expresses his consent to the purchase by clicking on the “Confirm Order” button. The User can always change the order before it is forwarded by clicking on the “Change order” button.
VII) The contract is concluded when the User receives the order confirmation from the Seller via e-mail. The concluded contract will be stored electronically on the Seller’s servers and may be accessible to the User at the request of the latter to be made by e-mail to the addresses indicated above.
- PRICES AND EXECUTION OF THE CONTRACT
4.1 The prices of the Services indicated in the online catalogue are expressed in Euro and include VAT.
4.2 The prices indicated do not include any travel expenses to use the Services
4.3 The Seller undertakes to perform the contract in the timeframe selected by the User. In case of an even temporary unavailability of the Service, the Seller will promptly inform the User via email and will have the right to declare the contract terminated. In this case, the Seller will have to reimburse the User for the sums already paid within 14 days from the communication with which the User was informed of the unavailability of the Product.
- RIGHT OF WITHDRAWAL
5.1 The Consumer User has the right to withdraw from any contract concluded with the Seller, without any penalty and without specifying the reason, within 14 days from the day in which he received the confirmation of the purchase order.
5.2 To exercise the right of withdrawal, the Consumer User must in the terms indicated above:
- send an explicit declaration of the decision to withdraw by e-mail (click here to download the withdrawal form) to the following address: firstname.lastname@example.org or by registered letter with return of receipt to the following address: Younite S.n.c., via Circonvallazione 48 – Riccione (RN – Italy);
- the registered letter is considered to have been sent on time, if delivered to the accepting post office within the term indicated above.
5.3 The Seller will refund the payment to the User within 14 days from the date it became aware of the User’s exercise of the right of withdrawal.
5.4 Refunds are made in the same manner the User made the payment. Credit card crediting times depend exclusively on the banking system and the credit card payment service provider. Once the credit order has been arranged, the Seller cannot be held responsible for any delays or omissions in the credit by the payment service manager.
5.5. In the event that the terms for exercising the withdrawal have expired and the User cannot use the Services, for justified written reasons, up to 30 days before the start of the Service (e.g. Campus / Course or Weekend), the deposit already paid will be retained by the Seller without the possibility of reimbursement, the remaining balance can instead be used for participation in another course organized by Younite within 1 year of the cancellation date.
6.1 The Seller guarantees that the Services have the characteristics described in the Site catalog.
The Consumer User has the right to avail himself of the legal guarantee provided by the Italian Consumer Code in articles 128 to 132.
6.2. In all cases, in order to take advantage of the warranty, it is recommended to send all documentation proving the non-conformity of the Service as well as the purchase documentation.
The warranties will not apply if the reported non-compliance is due to the fault, negligence or intent of the User, or to causes attributable to the User and in any case not attributable to the Seller.
- FORCE MAJEURE
7.1. Force Majeure means the occurrence of an event or circumstance (“Force Majeure Event”) that prevents or impedes a party from performing one or more of its contractual obligations, if, and to the extent that, the party affected by the event (“Affected Party “) proves:
- a) that such impediment is beyond its reasonable control,
- b) that the event could not reasonably have been foreseen at the time of the conclusion of the contract, and
- c) that the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party.
7.2 When a party fails to perform one or more of its contractual obligations due to the non-fulfillment of a third party, appointed by the party to execute the contract in whole or in part, the contracting party may invoke Force Majeure only to the extent that the requirements of referred to in paragraph 1 are satisfied for both the party and the third party.
7.3 In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil conditions (a) and (b) under paragraph 1 of this clause, while that party will only have to prove the existence of condition (c) under paragraph 1: wars, natural disasters or extreme natural events, pandemics, strikes (for example by freight forwarders, couriers), explosion, fire, destruction of equipment, prolonged suspension of transport, telecommunications or energy, etc.
7.4 The Affected party shall give notice of the event without delay to the counterparty.
7.5 A party successfully invoking this Clause is relieved from its duty to perform its contractual obligations and from any liability in damages or from any other contractual remedy for breach of contract, from the time the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time thereof notice reaches the other party. The other party may suspend the performance of its obligations, if applicable, from the date of the notice.
If the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment invoked impedes performance by the Affected party. The Affected Party must notify the other party as soon as the impediment ceases to prevent the performance of its contractual obligations.
The Affected Party is required to take all reasonable measures to limit the effects of the invoked event on the performance of its contractual obligations.
7.6 If the duration of the impediment invoked has the effect of substantially depriving one or both contracting parties of what they were reasonably entitled to expect under the contract, each party has the right to terminate the contract by notification within a reasonable period to the other party. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by each of them if the duration of the impediment exceeds 120 days.
- APPLICABLE LAW AND JURISDICTION
8.1 Italian law applies to these conditions of sale.
8.2 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Consumer.