Terms and conditions

General Terms and Conditions of use of the website content, services and products
(articles 1341 of the Italian Civil Code and 33 seq. of Legislative Decree 206/2005)

General information on the website, services and products
(articles 7 of Legislative Decree 70/2003 and 49 of Legislative Decree 206/2005)

Definitions.

All the definitions that will be supplied herein illustrate the meaning, characteristics and content to which the individual terms used in initial capital letter in these General Terms and Conditions refer. If conversely a term is used with initial small letter, the meaning attached to its is the same that is ordinarily attached to it in the language it’s written in.

For the purposes of these General Terms and Conditions, the following definitions apply:

Provider:

Shall mean Martina Sergi, sole proprietorship, with registered office in viale Gran Sasso n.5, (20131) Milan (Tax payer’s code SRGMTN90L48L407M, VAT registration no. 04822580264), certified electronic mail: martina.sergi@mypec.eu, email: info@martinasergi.com, registered in the Company Register of Milan, Economic and Administrative Index no. 2549629.

Website:

shall mean the website/web portal http://www.martinasergi.com, including all the web, ftp pages etc. making it up and in which it’s structured and organized, as well as all its content (texts, pdf files, video, audio content etc.). Please note that the Website contains connections (so called links) to other websites/web portals, ftp pages etc. owned by third parties or other Internet resources.

Services/Products:

shall mean all the services and products/materials supplied and/or transferred through the Website in any format and on any media, including – without limitation – online courses, online classes, e-books etc., owned by the Supplier or advertised and/or transferred and/or sold and/or supplied and/or provided by the Supplier.

Content:

shall mean all the content of Services/Products, without exclusion, including texts, programme codes, images, video, audio file etc.

User:

shall mean the party asking to use the Website Content through the Services/Products provided through it, undertaking and binding itself under and on all the conditions of the Contract after having completed the Website registration procedure and activated an account, as well as any other party using the Website Content.

Buyer:

shall mean the User who has purchased one or more Services/Products on the Website.

Consumer:

shall mean an individual acting for purposes that are other and/or that don’t refer to any entrepreneurial, business, artisanal or professional activity carried out, according to the definition contained in art. 3 Legislative Decree 206/2005 (Consumer Code);

Material:

shall mean material supplied by the Supplier to the User supporting the use, understanding and description of the Services/Products supplied.

Contract:

the agreement made by and between the Supplier and the User and whose content is made up of these General Terms and Conditions, as supplemented by any other notice, note, information sheet etc. published and/or contained in the Website and by all applicable legislations, regulations, orders and directives, by all the policies and guidelines laid down in the “Privacy” section of the Website and in the information sheet and consent for the use of cookies.

Website Registration.- Username and password.- Account.

In order to buy, use and enjoy the Website Services/Products and the relevant Content it’s necessary to register by completing the ad-hoc procedure. The registration is only allowed to people of age or to people who are 14 years old, subject to prior obtainment of the consent of parents or the parties that has legal representation. By completing the registration procedure, the party intending to use the Website
Services/Products declares under his/her own responsibility to meet the above-mentioned requirements and guarantees and is liable for the precision, completeness and truthfulness of the supplied information and data.
When registering, the party intending to use the Website Services/Products shall also supply, in addition to the other data requested, username and password.
One the registration procedure is completed, the party will be given an account, to which he/she will log in from the Website using the username and password supplied during registration and that will allow him/her, as User, to buy, use and enjoy the Website Services/Products on the Contract conditions.
The username and password are strictly personal and the User undertakes to store them and keep them confidential, not to disclose them or transfer them to third parties. The User takes
full responsibility for any activity that takes place through his/her Username and undertakes to indemnify and hold harmless the Supplier from any claim that third parties may submit at any title with reference to the use of the Website and of the Services/Products it supplies from his/her Username.
The User eventually undertakes to keep constantly updated the information concerning his/her account, notifying the Supplier of any change of the data supplied at the time of
registration.

Contract execution.- Acceptance.- User’s obligations.

By completing the Website registration procedure or by buying, enjoying or using its Content or Services/Products, or by browsing the Website, the User declares to have examined, read, understood and acknowledged the content of the Contract, as supplemented by any applicable legislations, regulation, order, circular letter etc., as well as the conduct and privacy policies contained in the Website and to fully accept any part, term and condition, while declaring, if he/she acts in the name and/or on behalf of third parties, to have full legal and/or contractual powers, authorizations and in general the authority to act in the name and/or on behalf of the actual contracting party and to bind the latter to this Contract.
The User, therefore, acknowledges, declares and accepts to consider him/herself bound by the Contract and by its content and undertakes to comply with it and to have authorized third
parties for which the User shall be liable comply with it as well.

Amendment of the General Terms and Conditions and the Contract.

The Supplier reserves the right to amend and/or supplement at any time and without prior notice these General Terms and Conditions, notifying thereof all the Website Users. Further to the above-mentioned notice, any amendments and/or supplements will be deemed as examined, read, accepted, effective and binding at every legal effect vis-à-vis all the Users further and as a consequence to the website surfing and the use of its content, without needing a specific and additional approval by the latter.

Suspension and closing of the account.

The Supplier reserves the right to suspend or finally close the User account in the event of information that is fully or partly false and/or incomplete made by the User during registration, or in any other case of breach of laws, regulations, orders, directives etc., as well as of breach of these General Terms and Conditions and any other condition and rule referenced thereby.

Purchase / use of the Services/Products.

The Services/Products supplied by the Supplier through the Website are made up of:

Book “#yogawithmarti – FIND YOUR POWER”; this is an ebook in .pdf format that may be downloaded from the Website subject to prior payment and through the specific step-by-step instructions that will be supplied to the User by the same Website;
Programme “#yogawithmarti – PROGRAMME FOR BEGINNERS”; this is a series of videos divided by separate classes that can be watched in direct streaming subject to prior payment and access to a specific reserved area of the Website accessible with specific credentials that will be supplied to the User; participation in special events such as masterclasses, workshops, travels etc., that may be from time to time supplied/organized/advertised in the Website on the conditions, according to the programmes and against payment of the considerations that from time to time will be indicated in the Website.

Consideration and payment.

The considerations provided for the purchase and use of the  Services/Products supplied by the Website are specifically indicated in the same Website and their payment may be made as described in the same Website (credit card, paypal etc.).
At the time of completing the payment procedure, the User will be asked the clearly express, under and for the effects of articles 1341 of the Italian Civil Code and 33 seq. of Legislative Decree 206/2005, his/her consent for the approval of these General Terms and Conditions, supplemented by any applicable legislation, regulation, order, circular letter etc. and by the conduct and privacy policies contained in the Website. Further to the payment, the Supplier will send the User by email supplied at the time of registration the invoice or receipt certifying payment received.
The Supply will only supply the Website Services/Products after checking the actual and final crediting of the consideration in your favour.

Suspension/Interruption of the supply of the Services/Products

Without prejudice to the provisions laid down in the previous article 5, the Supplier may at any time suspend or interrupt the supply/provision/use and enjoyment of the Services/Products, giving immediate notice in its home page or through any other suitable method for the purpose, if there is ground to assume the occurrence of safety problems and/or breaches of applicable legislation, or upon occurrence thereof, or if it’s necessary to change the Website in order to increase its efficiency, productivity and ease of use.

Withdrawal, cases of exclusion and conditions of reimbursement.

The User is entitled to change his/her mind within 14 days from the execution of the Contract, during which it may exercise the right of withdrawal established by Legislative Decree 206/2005 as amended from time to time (so-called Consumption Code).
For that purpose the User will send an email to the Supplier at the following email address:info@martinasergi.com, expressing his/her desire to enforce withdrawal, entering his/her username and attaching a copy of the invoice or of the receipt certifying the payment received of the consideration.
The right of withdrawal is excluded in the cases established by art.59, paragraph 1, Legislative Decree 206/2005 as amended from time to time, with special attention to the case in which the contract’s object is the supply of digital content on media if the performance started with his/her acceptance that in that case he/she would have lost the right of withdrawal (see lett.
o).
Therefore, the right of withdrawal excludes all the video, audio files, e-books, texts and any other material that the User is allowed to download, with reference to which the User acknowledges and accepts to lose the right to exercise withdrawal once he/she has started using the above mentioned digital content, at the time of opening the relevant file.
The Supplier, in case of lawful and fair exercise of the right of withdrawal by the User, will take care to reimburse any amount that he/she has paid within 30 working days from receipt of the notice of withdrawal.

Rights of ownership.

The Website, its artwork, its project, its software and source code, video files, texts, audio files and in general all that is contained therein is the exclusive ownership of the Supplier, that is holder of copyright and of any other resulting right (use, commercial usage, transfer and/or other rights disposal etc.) under law. The User may view and/or download for personal use the Services/Products purchased in the formats and methods established by the Contract, while the User and anyone else is expressly forbidden from copying, transferring to third parties, distributing, publishing, transmitting, licensing, using and in any way enjoying and making available to third parties in any way and in any form any Website content.

Closing of the account.

The User has the right at any time to request the closing of his/her account, without any sanction and without specifying the reason, sending the relevant request by email to the Supplier, that will proceed to close the account of the User within 7 working days after receipt of the request.
The Supplier may at each moment and without prior notice suspend and/or close the account, blocking access to the Website, if the User has given false, old and/or wrong data and information, has used or uses the Website in illegal ways and/or for illegal purposes, has breached or breaches the laws on intellectual property and/or these General Terms and Conditions.
In any case, the User will not receive any reimbursement.

Governing Law.

This Contract is fully governed by Italian law.

In case of disputes, the dispute is under the competent jurisdiction of the Court of Milan, except for the cases in which the User acts as Consumer, in such case territorial jurisdiction established by Legislative Decree 206/2005 (Consumption Code) applies.

Notices.

For any request, support, notice, complaint, the User may contact the Supplier by sending an email to the following address: info@martinasergi.com.