This document sets out the general terms and conditions on the basis of which users are offered the use of the https://nourishmentfortransformation.eu website which offers online counselling services, textual or multimedia materials for food well-being.
1. Definitions
To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, shall have the meanings set out below:
- Owner: Calinira communication di Heidi Frank, VAT number IT04243730985, REA BS 599601
- Application: The website https://nourishmentfortransformation.eu
- Products: the products and services provided to the user by the Data Controller
- User: any person who accesses and uses the Application
- Consumer User: the natural person of legal age who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, artisanal or professional activity that may be carried out
- Non-Consumer User: the natural person of legal age or legal entity who concludes a contract for the performance or needs of his or her entrepreneurial, commercial, artisanal or professional activity
- Conditions: this contract that governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
- Content: any textual or multimedia element present on the Application or on external services, for example reviews, documents, images, etc.
2. Detailed information on the offer of the Products
Through the Application, the Data Controller provides Users with Content (multimedia, textual, etc.) and advice in the field of food well-being, the result of its personal experience and personal research.
Documents and Contents
Public documents and content may only be downloaded or shared if the address of the Application is included as the source of origin. Documents and content reserved for Consumer Users or Non-Consumer Users, unless otherwise agreed with the Data Controller, may not be shared. The number of documents and content that can be downloaded or viewed by the Consumer User or Non-Consumer Users is in accordance with the chosen plan, subscription or single consultation, and will be available in a reserved area.
Consulting Services
Consulting services are provided by the Owner to Users who send a request through the Application or other services provided by the Owner. After the request has been submitted, the Data Controller will contact the User to confirm availability. Each individual consultation may concern a single question or several questions. Consultations cannot be combined. Contact with the User by the Owner will take place on the day and time chosen by the User from those available. The User can request a personalized consultation and will receive a cost estimate from the Data Controller that he/she will be free to accept or reject.
3. Scope of the Terms
The use of the Application implies the acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other notice, legal notice, information published or referred to therein, he/she may not use the Application or its services.
The Terms and Conditions may be modified at any time.
The applicable Terms are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to read the Terms carefully and to 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 graphic 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.
4. Purchase or request for supply through the Application
All the Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times, ancillary charges, etc.). There may be some errors, inaccuracies or minor differences between what is published on the Application and the actual Product. In addition, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and Non-Consumer Users.
Purchases and/or requests for supply are allowed to individuals only if they are of legal age. For minors, any purchase and/or request for the supply of Products through the Application must be screened and authorized by their parents or guardians.
The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal and/or a request for supply, subject to confirmation and/or acceptance by the Data Controller as described below. Therefore, the Data Controller will have, at its sole discretion, the right to accept or reject the User’s order without the latter being able to object or complain about anything for any reason whatsoever.
The contract for the sale or supply of the Products is considered concluded with the acceptance by the Data Controller of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated 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 method of calculating the price, any additional charges and ancillary taxes, the timing of supply and execution, the procedures for exercising the right of withdrawal or its possible exclusion and guarantee.
The contract for the sale or supply of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered concluded in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Data Controller of any errors and will keep a copy of their order, the related confirmation and the Conditions.
5. Subscription
The Owner offers, through the Application, Subscription Products. The features and subscription methods are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and enter the required data. Any subscription fee will be charged on the date specified and at the frequency indicated at the time of subscription.
The subscription is renewed according to the methods and times indicated in the Application.
Users can deactivate renewal by sending a notice to the payments@nourishmentfortransformation.eu e-mail address or by changing the preferences of the payment method used.
6. Pricing & Payments
For each Product, the price and VAT, if applicable, are indicated. If the nature of the Product makes it impossible to calculate it in advance, the method of calculating the price is indicated.
In addition, any additional taxes and charges will be indicated. If these charges cannot reasonably be calculated in advance, we will indicate what fees will be charged to you.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will not affect in any case the contracts already concluded before the change.
The User undertakes to pay the price of the Product within the time and manner indicated in the Application and to communicate all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, name of the holder, password, etc.).
Should such third-party instruments deny payment authorization, the Owner will not be able to supply the Products and cannot be held responsible in any way.
7. Invoicing
The User will be asked for the billing data before payment. For the issuance of the invoice, the information provided by the User will be authentic, which he/she declares and guarantees to be true, issuing the Data Controller with the widest indemnity in this regard.
8. How we provide Digital Products and Services
The Owner will provide the Digital Products and/or services to the User, in the manner and within the deadline indicated on the Application and indicated in the order confirmation.
In the event that it is not possible to provide the requested Digital Products and services within this period, we will promptly notify you by email, indicating when you expect to be able to provide them or the reasons that make it impossible.
If the User does not intend to accept the new term or the supply has become impossible, he/she may request a refund of the amount paid, which will be promptly credited to the same payment methods used by the User for the purchase within 14 days from the date on which the Owner became aware of the refund request.
9. Users’ right of withdrawal
The Consumer and non-Consumer User has the right to withdraw from the purchase of the subscription without any penalty within 14 days from the date of purchase of the subscription, by sending a written communication to the e-mail address payments@nourishmentfortransformation.eu.
In the event of a properly exercised withdrawal, the Owner will reimburse the User for the cost of the purchased subscription, 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 has communicated to withdraw from the contract.
Users’ right of withdrawal from the consultancy service
In the event that a user has accepted a quote sent to him by the Data Controller for a consultancy, the User acknowledges and accepts that he loses the right of withdrawal after the complete provision of the consultancy, pursuant to art. 59, letter a) of the Consumer Code.
If the consultation has not been fully carried out and the User wishes to withdraw, he/she acknowledges and accepts that the Data Controller will reimburse him/her for the cost paid, withholding the amount proportional to what has been performed up to the time he/she exercised the right of withdrawal, pursuant to art. 57, paragraph 3 of the Consumer Code.
10. Optional form to exercise the right of withdrawal
Fill all required information on the follow form and send it to payments@nourishmentfortransformation.eu before the expiry of the withdrawal period:
| Hereby | |
| I hereby give notice of withdrawal from the following product | : |
| Purchased on | : |
| Name and Surname/Company Name | : |
| Address/Headquarters | : |
| E-mail associated with the purchase | : |
| Date | : |
11. Content submitted by Users
The User may upload Content to the Application, provided that they are not unlawful (i.e. obscene, threatening, defamatory, pornographic, abusive or for any reason illegal or violate the privacy, intellectual and/or industrial property rights of the Data Controller and/or third parties), misleading, or are not in any other way harmful to the Data Controller and/or third parties or do 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 undertakes to indemnify and hold the Owner harmless from any damage, loss or expense.
The User guarantees that the Content is submitted to the Application through his/her account by persons of legal age. For minors, the submission of Content must be screened and authorized by their parents or guardians.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publishing, consulting, managing the Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and for their 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 in order to appropriate his/her identity, or in any other way to make false statements about the origin of the Content.
The Owner is not able to ensure a precise control over the Contents received and reserves the right at any time to delete, move, modify those that, at its discretion, appear illicit, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Content submitted, without geographical area limitations. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means 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.
The Content sent will not be returned and the Owner will not be liable to the Users for the loss, modification or destruction of the Content transmitted.
It is expressly prohibited, unless explicitly authorized by the Data Controller: i) the use of automatic ad upload systems, except those expressly authorized, ii) the serial publication and/or management of ads on behalf of third parties by any means or modality, iii) reselling the Data Controller’s services to third parties.
12. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to the Content available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.
The Terms do not grant the User any license to use individual content and/or materials available therein, unless otherwise regulated.
Any reproductions in any form whatsoever of the explanatory texts and the Contents of the Application, if not authorised, will be considered infringements of the Owner’s intellectual and industrial property rights.
13. Disclaimer of Warranty
The contents are provided “as is” and “as available” and the Owner does not provide any express or implied warranty in relation to the content, nor does it provide any guarantee that the content will meet the needs of Users or will be error-free.
Any explanatory texts provided and answers to Users’ questions communicated via chat or other means of communication are for the sole purpose of facilitating the use of the Application and understanding of the Products. Therefore, they are not exhaustive and may not be adapted to the specific case of the User. They are in no way a substitute for the opinion or assistance or advice of the Data Controller.
The Owner will endeavour to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any 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 completely beyond the control of the Owner or due to force majeure events.
14. Limitation of Liability
The Data Controller shall not be held liable to the User, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the internet beyond its control or that of its suppliers.
Furthermore, the Owner shall not be liable for damages, losses and costs suffered by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any ancillary charges incurred.
The Account Holder assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment, if it demonstrates that it has taken all possible precautions based on the science and experience of the moment and on the basis of ordinary diligence.
The Data Controller shall not be liable for:
- any loss of commercial opportunity and any other loss, even indirect, that may be suffered by the User that is not a direct consequence of the breach of contract by the Data Controller
- incorrect or unsuitable use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
Under no circumstances shall the Owner be held liable for a sum exceeding twice the cost paid by the User.
15. Force majeure
The Data Controller cannot be held liable for the failure or delay in the fulfilment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, unforeseen and unforeseeable events and, in any case, beyond its control.
The fulfilment of the obligations by the Account Holder shall be deemed to be suspended for the period in which force majeure events occur.
The Data Controller will take any action in its power in order to identify solutions that allow the correct fulfilment of its obligations despite the persistence of force majeure events.
16. Links to Third-Party Sites
The Application may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may lead to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Data Controller assumes no responsibility.
17. Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on page https://nourishmentfortransformation.eu/privacy/.
18. Applicable law and jurisdiction
The Terms are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred 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 for the Consumer User to appeal to a court other than that of the “consumer court” pursuant to Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in art. 18, 19 and 20 of the Code of Civil Procedure.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favourable 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 methods and formalities of the communication of the same.
For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Terms and Conditions will be referred to the court of the place where the Owner is based.
19. Online Dispute Resolution for Consumer Users
If you are a Consumer in Europe, you should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/
Last modified date: 26/05/2024