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General conditions of the Online Sales Agreement

www.mariaelenacotti.it

terms and conditions

 

Please read the conditions below carefully, and print and/or save them on another durable medium of your choice. 

 

This site (hereinafter the "Site") is owned by The owner of the site is Maria Elena Cotti with registered office in Parma (PR), Str. Garibaldi, 23 – VAT number 02901170346   – mail: cottimariaelena@gmail.com and is dedicated to retail sales to subjects identified by the data entered when completing the purchase form (hereinafter referred to as the "Customer").

 

Maria Elena Cotti observes the distance selling law (Legislative Decree 206/2005).

 

1. General conditions

 

These general conditions of sale are the only ones applicable and replace any other condition, unless written derogation. Maria Elena Cotti reserves the right to modify these general conditions of sale, it is therefore necessary to read them again before placing an order on the site. 

These modifications will be immediately opposable to the Customer, starting from their diffusion and cannot be applied to previously concluded contracts. Maria Elena Cotti considers that, by confirming her order, the Customer has read and accepted without reservations these general conditions of sale. 

The methods of processing personal data (privacy) are listed in related section e are also to be considered an integral part of this contract.

 

2.Site registration

In order to proceed with the purchase it is necessary to register on the website. 

2a) Registration

To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner.
It is not possible to use the Service without opening a User account.

It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. 

By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.

2b) Registration requirements

The registration of a User account on this Application is subject to the conditions specified below. By registering for an account, the User confirms that they meet these conditions.

  • Opening accounts via bots or other automated means is not permitted.

  • Unless otherwise specified, each User can only create one account.

  • Except where expressly permitted, a User's account may not be shared with other people.

2c) Account closure

The User is free to close his account and cease using the Service at any time, following this procedure:

  • By contacting the Data Controller at the contact details in this document.

However, the closure of the User's account will be suspended until the expiry of any paid subscription services purchased by the User.

2d) Account suspension and cancellation

The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

Paid products 

Some of the Products offered on this website are paid.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this website.

To purchase the Products, the User must register or log in to this site.

Product description 

The products that can be purchased are

- online yoga sessions carried out on protected video channels

- yoga sessions carried out in presence 

both services are performed by Maria Elena Cotti

​The session  purchased will take place online through asecure web connection or in presence. 

La sitting begins precisely at the indicated time. In the case of face-to-face sessions, please arrive 15' in advance, in the case of online sessions, please to the user di to verify connection on time and to be connected 5' in advance. 

The points and objectives to work on will be agreed in the booking phase and subsequently in the anamnesis phase. An online/off line evaluation form will be created - following the purchase - where the "Red Flags" or the psychophysical conditions to be declared will be indicated so that the treatment is carried out safely and personalized.It is the responsibility of the person concerned to provide complete information on their health conditions. 

Prices, descriptions and availability of the Products are specified in the respective sections of this site and are subject to change without notice.

Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphics, images, colors, sounds) are intended for reference only and do not imply any guarantee regarding the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure.

3. Purchase procedure

Each phase, from choosing the product to placing the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

  • Users are requested to choose the desired Product and to verify their purchase choice.

  • After checking the information visible in the purchase choice, Users can place the order by forwarding it.

to. Sending the order

Placing your order involves the following:

  • The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.

  • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate with consequence.

  • Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.

b. Order acceptance

The order sent by the Customer will be binding for Maria Elena Cotti only if the entire order procedure has been completed regularly and correctly without any indication of error messages by the Site.

The Customer will receive confirmation of the order placed in his e-mail box with a summary of the products/services, the relative prices and the general and particular conditions applicable to the order itself.

4. Prices

a) During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them. The prices indicated are exclusive of applicable commissions, taxes and costs.


b) Promotions and discounts 

The Owner may offer discounts or special promotions for the purchase of the Products. Promotions and offers are always granted at the Owner's sole discretion.

Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.

5. Instant Karma Rewards

By subscribing to the site, to the newsletter or by purchasing products and services, you participate in the "Instant Karma Reward" loyalty program. It is possible to collect OM points to access discounts and promotions. The conversion ratio is 1 OM point for every €1 spent on the site. Upon registration you will earn 5 OM. Upon reaching 500 OM, a 10% discount on the products in the cart is available. 

6. Means of payment

- credit cards

The details relating to the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relative.

All payments are managed independently by third party services. Therefore, this site  does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or commissions deriving from the failed or refused payment are charged to the User.

- advance and immediate bank transfer

It is also possible to purchase the product by bank transfer made out to Cotti Maria Elena by indicating the IBAN: IT32J0306234210000002040354, indicating the name and surname and the subject THERAPEUTIC SESSION. The user is invited to send the bank transfer receipt by email.

7. Billing 

Each order will be accompanied by a regular commercial invoice. It is required to indicate name, surname, address, tax code, n. telephone number and email address.

 

8. Carrying out and Cancellation of the session

The sessions covered by the contract will take place after payment has been made. In the purchase procedure you will be asked to indicate the time and day you prefer.

​The session  acquista will take place online via a secure web connection or in person. 

The points and objectives to work on will be agreed in the booking phase and subsequently in the anamnesis phase.
An online/off line evaluation form will be completed - following the purchase - where the "Red Flags" or the psychophysical conditions to be declared will be indicated so that the treatment is carried out safely and personalized. It is the person's responsibility to provide complete information on their health conditions. 

After the first contact, the Owner reserves the right to confirm the booking of the session online or in person together with the User.

It will be possible to book the treatment via digital agenda. In case of impossibility, the user can always contact via email for an immediate reservation. 

 9. Cancellation of the session
The Customer can request the cancellation of an order placed with advance payment within 4 hours of confirmation by sending an email to cottimariaelena@gmail.com.

It will be possible to cancel the reservationwithin the previous 24 hoursto the agreed appointment and then proceed to reschedule it. 

In case of cancellation of the appointment after 4 hours prior to the agreed time, 50% of the price will be retained.

In case of absence from the agreed appointment, the owner reserves the right to withhold the amount paid.

10. Right of withdrawal

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract by sending a communication by email to c optimalariaelena@gmail.com.  In order to respect the period within which the right must be exercised,the User must send the withdrawal declaration before the withdrawal deadline, quantified as 14 days. 

The right of withdrawal is exercised only if the purchased program has not been started, it is not valid for services started and not yet completed.

Effects of withdrawal

- The Owner reimburses all payments received including, if made, to Users who have correctly exercised the right of withdrawal.

The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract.

- Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not have to bear any costs as a result of the withdrawal.

- The trader may request payment during the 14-day withdrawal period provided that the consumer, pursuant to art. 57, paragraph 3 has presented a request for activation of the supply, provision of the service or delivery of the goods during the withdrawal period. He is responsible for paying the professional an amount proportional to what has been provided up to the moment the consumer has informed the professional of the exercise of the right of withdrawal.​

12. Limitation of Liability and Indemnity

Indemnity

The User undertakes to indemnify and hold the Owner harmless from any claim or demand - including, without limitation, legal fees and expenses - made by third parties due to or in connection with negligent behavior such as the use or connection to the service , your violation of these Terms, your violation of any third party rights or laws by you, your affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.

Limitation of Liability for User Activities on this Application

Unless otherwise specified and subject to the applicable statutory provisions on product liability,any claim for compensation against the Data Controller (or any natural or legal person acting on its behalf) is excluded.

Maria Elena Cotti is not responsible for disservices due to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that the client is unable to use the course.

Maria Elena Cotti is not responsible in case of damages, of any kind, deriving from the use of the service improperly and/or not in accordance with the instructions indicated or from the activities carried out in its services.

The activities carried out have no therapeutic purpose, as they cannot replace specific medical or paramedical activities for the treatment of physical or psychophysical pathologies, the areas of which are reserved by law to other professionals (doctor, psychologist, psychotherapist, etc.).

Therefore the Customer declares to release Maria Elena Cotti   from now on from any civil and criminal liability for pecuniary and non-pecuniary damages that may derive from the improper use (such as for therapeutic purposes) of the techniques teach and lend in your performance. . Any incorrect use of the methods taught by the User are under the exclusive responsibility of the Client.

By accepting the Terms of Service, the Customer declares to act under his own exclusive responsibility.

11. Privacy

Maria Elena Cotti is responsible for the processing of the customer's personal data in compliance with art. 13 Legislative Decree 06.30.2003, 196 ("Personal data protection code") and art. 13 of EU Regulation no. 2016/679 ("General European regulation on the protection of personal data"), to which we refer for further information.

 

12. Force majeure

Maria Elena Cotti  will make all necessary efforts to fulfill her obligations. However,   cannot be held responsible for delays or non-delivery caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, lockdowns, natural disasters and any other event that makes the production, transportation or delivery of products impractical.

13. Jurisdiction

These Conditions of Sale are governed by Italian law. For anything not specifically indicated in these Conditions, reference is made to Legislative Decree 185/99 "implementation of directive 97/7 on the protection of consumers in respect of distance contracts". For any dispute concerning these Conditions or the sale of products, the Court of Parma will be competent.

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