This document sets out the general terms and conditions on the basis of which the use of the website is offered to users http://metodomanuelcasado.com/ which aims to promote and sell services for those who want to learn new massage techniques and products for those who want to purchase useful equipment for this field.

1. Definitions

   To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:

   • Owner: Casado Pulido Manuel P.IVA.04030790366 F.O.C.CSDMNL64E10Z131B, Via Bonaccini 45, 41011 Campogalliano, Modena, Italy, info@metodomanuelcasado.com
   • Application: the website http://metodomanuelcasado.com/
   • Products: the products and services provided to you by the Owner and the goods and/or services provided through the Application by a third-party vendor.
   • User: any individual who accesses and uses the Application
   • User Consumer: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity, if any
   • Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or needs of his or her entrepreneurial, commercial, craft or professional activity
   • Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of his or her commercial, craft or professional activity
   • Content: any textual or multimedia element on the Application, by way of example, ads, listings, reviews, images, etc.
   • Terms: this contract governing the relationship between the Owner and Users and the sale or supply of the Products offered by the Owner through the Application.

2. Relationship between Owner, Third Party Provider and Users

   The Application hosts a platform operated by the Owner that allows to connect Users interested in the Products offered by the Owner and the Third Party Provider.

   When Products are offered by Third Party Providers, the Owner is not a party to the relationship that will be established exclusively between Users and Third Party Providers and does not assume any responsibility arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Providers and Users is not subject to these Terms.

3. Detailed information about the offer of the Application

   The Application provides Users with services intended for those who want to learn new massage techniques and is involved in the sale of products for those who want to purchase useful equipment for this field.

4. Scope of the Conditions

   Use of the Application implies User’s acceptance of the Terms. If you do not intend to accept the Terms and/or any other notices, legal notices, disclosures published or referred to therein, you may not use the Application or its services.

   The Conditions may be changed at any time.

   The applicable Conditions are those in effect on the date of transmission of the purchase order or request for supply of a Product.

   Before using the Application, you should read the Terms carefully and save or print them for future reference.

   The Owner reserves the right to vary, at its own discretion, at any time, even after the User’s registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

5. Purchase or request for supply through the Application

   All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery time, ancillary charges, etc.). Some errors, inaccuracies or minor differences between what is published on the Application and the actual Product may show up. In addition, any pictures of the Products are representative only and do not constitute a contractual element.

   Purchases and/or requests for supply of one or more Products through the Application are permitted to both Consumer and Non-Consumer Users.

   Individuals are allowed to make purchases and/or supply requests only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorized by parents or those exercising parental responsibility.

   The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will count as a contractual proposal to purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall, at its sole discretion, have the right to accept or reject the User’s order without the User being able to object or complain about anything in any capacity and/or reason.

   The contract for the sale or supply of Products shall be deemed to be concluded upon the Holder’s acceptance of the User’s contract proposal . The Owner will accept the User’s contract proposal by sending the order confirmation to the e-mail address provided by the User or by displaying an order confirmation web page, which will contain the date of the order, the User’s data, the characteristics and availability of the Product, the price or the way of calculating the price, any additional charges and ancillary taxes, the time of supply and performance, the way to exercise the right of withdrawal or its possible exclusion, and the guarantee.

   The contract of sale or supply of the Products shall not be deemed effective between the parties in default of the preceding paragraph.

   In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether or not it intends to confirm the order. It is understood that the contract shall be deemed to be completed with respect to the Products accepted by the Holder.

   The User agrees to verify the correctness of the data in the order confirmation and to notify the Holder immediately of any errors and will keep a copy of its order, its confirmation and the Conditions.

6. Registration

   To use the features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy(http://metodomanuelcasado.com/privacy-policy/) and the Terms.

   It is the User’s responsibility to guard his/her login credentials, which are to be used exclusively by the User and may not be given to third parties. The User agrees to keep them secret and to ensure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of any misuse or improper disclosure of them.

   The User warrants that the personal information provided during the registration process is complete and true and agrees to hold the Owner harmless and indemnified from any damages, compensatory obligations and/or penalties arising from and/or in any way related to the User’s violation of the rules on registration to the Application or retention of registration credentials.

7. Account deletion and termination

   Registered Users may discontinue using the Application at any time and deactivate their account or request deletion through the Application interface, if possible, or by sending a written notice to info@metodomanuelcasado.com

   In the event of User’s violation of the Terms or applicable legal provisions, the Owner reserves the right to suspend or terminate User’s account at any time and without notice.

8. Subscription

   The Application offers Subscription Products. Features and how to subscribe are detailed in the Application.

   To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any subscription charge will begin on the specified date and with the frequency indicated at the time of subscription.

   The subscription is renewed in the manner and timeframe specified in the Application.

   Users can disable renewal through the Application or by sending a notice to info@metodomanuelcasado.com or by changing the preferences of the payment method used.

9. Prices and payments

   The price including VAT, if due, is shown for each Product. Where the nature of the Product means that it is impossible to calculate it in advance, the manner in which the price is calculated is indicated.

   In addition, any taxes, additional charges that may vary depending on the payment method used will be indicated. Where such expense items cannot reasonably be calculated in advance, there will be an indication of what expenses will be charged to the User.

   The Holder reserves the right to change, at any time, the price of the Products and all additional charges, if any. It is understood that any price changes will in no case affect contracts already concluded prior to the change.

   The User agrees to pay the price of the Product at the time and in the manner specified in the Application and to communicate all necessary data that may be required.

   The Application uses third-party tools for payment processing and in no way comes into contact with the payment information provided (credit card numbers, cardholder name, passwords, etc.).

   Should such third-party instruments deny authorization for payment, the Holder may not supply the Products and may not be held liable in any way.

10. Billing

    The User who wishes to receive an invoice will be asked for billing information. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be true, will be authentic, releasing to the Holder every ample indemnity in this regard.

11. Mode of Delivery of Digital Products and Services

    The Owner will provide the Digital Products and/or services to the User, in the manner and within the term indicated on the Application and stated in the order confirmation.

    In the event that it is not possible to provide the requested Digital Products and services within this time period, timely notice will be given to the User by e-mail, including an indication of when it is expected to be able to provide them or the reasons why provision is impossible.

    If the User does not wish to accept the new term or the supply has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same mode of payment used by the User for the purchase within a maximum of 14 days from the date the Holder became aware of the request for refund.

12. Exclusion of the Right of Withdrawal of Non-Consumer Users

    Non-Consumer User is not granted the right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a non-consumer User, for whom the right of withdrawal does not apply.

13. Consumer Users’ Right of Withdrawal from the Purchase of Digital Products and Services

    Only the User Consumer who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within the period of 14 days from the date of conclusion of the contract, by sending a written notice to the e-mail address info@metodomanuelcasado.com, using the optional withdrawal form in the following article or any other written statement.

    In the event of a properly exercised withdrawal, the Holder will refund to the User Consumer the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated to withdraw from the contract.

    In case of purchase of Digital Product, the User Consumer acknowledges and agrees to lose the right of withdrawal if the performance or downloading of the Digital Product has begun with his or her express agreement and acceptance to lose the right of withdrawal after the performance or downloading has begun, pursuant to Art. 59(o) of the Consumer Code.

    In the case of a request for the provision of a service, the User Consumer acknowledges and agrees to lose the right of withdrawal after the service has been fully performed if the service has begun with his or her express agreement and acceptance to lose the right of withdrawal after the service has been performed, pursuant to Art. 59(a) of the Consumer Code. In addition, the User Consumer acknowledges and agrees that he/she will lose the right of withdrawal if he/she has requested that the service commence during the withdrawal period, pursuant to Art. 51(8).

    Where the provision of the service has not been fully performed and the User Consumer wishes to withdraw from the contract, he or she nevertheless remains obligated under Art. 57(3) of the Consumer Code, to pay the Holder an amount proportional to what has been performed up to the time he or she has exercised the right of withdrawal.

    The User Consumer acknowledges and agrees that withdrawal from a subscribed subscription does not result in the return of any amounts related to Products already used or dispensed.

14. Exclusion of the Consumer User’s right of withdrawal

    The right of withdrawal from the contract of sale or supply of Products by the User Consumer is excluded relatively:

    • to the supply of custom-made or clearly customized Products

    In cases of exclusion of the right of withdrawal, the Holder will return the purchased Products to the User, charging him the shipping costs.

    For further clarification, contact Holder at info@metodomanuelcasado.com

15. Optional form to exercise the right of withdrawal

    The User may withdraw using the following form, which must be completed in its entirety and sent to the e-mail address info@metodomanuelcasado.com before the withdrawal period expires:

    I hereby give notice of withdrawal from the contract of sale or supply relating to the following product __________
    Order number:_______
    Ordered on: _______
    First and last name: _______
    Address: ______
    E-mail associated with the account from which the order was placed: ____________________
    Date: __________
    

16. Content submitted by Users

    The User may upload Content to the Application as long as it is not unlawful (i.e., obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise detrimental to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss or expense.

    You warrant that Content is submitted to the Application through your account by those of age. For minors, submission of Content must be screened and authorized by parents or those exercising parental responsibility.

    The User is totally and exclusively responsible for the use of the Application with respect to the functions of publication, consultation, management of Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and his/her own behavior.

    It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User for the purpose of appropriating his or her identity, or otherwise misrepresent the origin of Content.

    The Owner is not able to ensure timely control over the Content received and reserves the right at all times to delete, move, edit those that, in its discretion, appear unlawful, abusive, defamatory, obscene or infringing of copyrights and trademarks or in any case unacceptable.

    Users grant the Owner a non-exclusive right of use over the submitted Content, without restriction of geographic areas. The Owner may therefore, directly or through third parties of its trust, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, including through third parties.

    Submitted Content will not be returned, and the Owner will not be liable to Users for the loss, modification, or destruction of transmitted Content.

    It is expressly prohibited unless explicitly authorized by the Holder: (i) The use of automatic ad uploading systems, except those expressly authorized, (ii) the serial publication and/or management of advertisements for third parties by any means or methods, (iii) resell the services of the Owner to third parties.

17. Industrial and Intellectual Property Rights

    The Owner represents that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or Content available on the Application. Therefore, all trademarks, whether figurative or named, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content relating to the Application are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.

    The Terms do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise governed.

    Any reproductions in any form of the explanatory texts and Contents of the Application, if not authorized, will be considered violations of the Owner’s intellectual and industrial property rights.

18. Exclusion of warranty

    The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.

    The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner’s control or for force majeure events.

19. Limitation of Liability

    The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its suppliers.

    The Holder shall also not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being entitled only to any full refund of the price paid and any ancillary charges incurred.

    The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, holder’s name, password, etc.)

    The Holder will not be responsible for:

    • Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner
    • Incorrect or unsuitable use of the Application by Users or third parties
    • The issuance of incorrect tax documents or data due to errors related to the data provided by the User, the User being solely responsible for the correct entry

    In no event shall the Owner be liable for more than twice the amount of the cost paid by the User.

20. Force majeure

    The Holder shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Holder due to force majeure events or, otherwise, to unforeseen and unforeseeable events and, in any case, beyond its control.

    The Holder’s performance of obligations will be considered suspended for the period during which force majeure events occur.

    The Holder will take any action in its power in order to find solutions that will allow the proper fulfillment of its obligations despite the persistence of force majeure events.

21. Linking to third-party sites

    The Application may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites/applications.

    Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and use of the service prepared by the third party will apply to the individual services, with respect to which the Owner assumes no responsibility.

22. Privacy

    The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at http://metodomanuelcasado.com/privacy-policy/

23. Applicable law and jurisdiction

    The Conditions are subject to Italian law.

    Any dispute relating to the application, enforcement and interpretation of these Terms shall be subject to the jurisdiction of the courts of the place where the Owner is located.

    For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.

    It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.

    For non-consumer Users, any dispute relating to the application, enforcement and interpretation of these Terms shall be submitted to the courts of the place where the Owner is located.

24. Online Dispute Resolution for Consumer Users

    The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the Consumer User to settle non-judicially any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the Consumer User may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at: ec.europa.eu/consumers/odr/

Date 15/10/2019