Updated version. ottobre 2020
CLINITA s.r.l., via Bertoneria 39, 31059 Zero Branco (TV), Italy, Mail: firstname.lastname@example.org | Tel: +39 0422485556 | invites clients to read these General Terms and Conditions of Sale ("GTC") which regulate the commercial activity carried out by our company. These general conditions constitute an integral part of the commercial offer and - unless specifically agreed upon in writing or present in Appendix A - will govern the contractual relationship between the parties, which will originate from the commercial offer itself, as formalised by Clinita s.r.l. and following the Client's acceptance of the offer, according to the procedures set out below. These conditions constitute an essential part of the contract and shall be deemed to be fully accepted by the Client with the acceptance of the offer. CLINITA is a trademark owned by Clinita SRL, via Bertoneria 39, 31059 Zero Branco (TV), Italy, VAT number: 02475500415.
In order to carry out the activity required, Clinita s.r.l. will avail itself of personnel legally employed and/or bound by contractual agreements in compliance with current work regulations and in compliance with the insurance, social security, welfare, tax and accident prevention regulations of the sector to which it belongs, thus freeing and relieving the Client from any obligation or responsibilitỳ towards the personnel engaged, on behalf and on behalf of Clinita s.r.l., in the execution of the contract. Clinita s.r.l. also guarantees that the contract will be executed in compliance with patents, trademarks, intellectual property rights and/or copyright belonging to third parties. Clinita s.r.l. undertakes to perform the activities that are the object of the contract with diligence and good faith. Clinita s.r.l. cannot be held responsible for damages and/or anomalies that may occur in the supply of the service and that escape its own technical controls, such as, for example, dysfunctions in the management of telephone and/or telematic networks or changes in the relative technology. Clinita s.r.l. is relieved of any responsibility regarding possible interruptions of service, which it undertakes to restore as soon as possible. Clinita s.r.l. will be liable for any damage caused to the Client by the failure of the technological platform used, only if such failure is due to the negligence or gross negligence of Clinita s.r.l.
The training and teaching contents contained in each training module or course are made available for use by the client who has correctly paid the fee for them, for the DURATION OF 6 MONTHS, from the date of their purchase.
All contents, including digital ones, of clinita.it websites (news, images, photos, videos, sounds, trademarks, logos, domain names, application software, databases, graphic layouts, etc.) are the exclusive and reserved property of the Owner and/or third parties where specifically indicated, and are protected by current laws on intellectual and/or industrial property rights protection. It follows that the use is contingent on personal information purposes, as any other use is expressly forbidden without the prior written consent of CLINITA s.r.l. Unless otherwise specified, the rights relating to the signed documents are owned by CLINITA s.r.l. itself. The use and reproduction of the contents that can be used for a fee is permitted within the limits of the conditions specifically set out, necessary for access to the dedicated sections of the site. Any freely accessible content included in the web pages of the site may be freely used under the following conditions: a. It must remain in its original format and, if reproduced, must always bear proprietary or copyright or authorship indications; b. The use, for any reason and for any purpose, must not be for profit; c. The source, author and/or rights owner (and, if required by the nature of the content used, also the web address from which it is taken) must be cited; In any case external connections through the framing technique are not allowed. All rights to the electronic databases present and available on the site are reserved. The extraction, reproduction, translation, adaptation and any other form of use is prohibited as stated in articles 64-Eand 64-F of Law no. 633 of 22 April 1941. On this point, it should be noted that (ex art. 102-C of the "copyright law") the legitimate user of the electronic database made available to the public cannot cause prejudice to the owner of the copyright or of another related right relating to works or services contained in such database.
The delivery time indicated in the commercial offer, even where expressly established, is intended as approximate and not guaranteed. In case of delayed delivery or serious disservice, the Client may cancel the part of the order not yet executed, only after having communicated to CLINITA s.r.l., by means of certified email address, such an intention, subjecting the effectiveness of the cancellation to the expiry of 15 (fifteen) working days from the receipt of such communication, term within which the fulfilment of the contract may be usefully completed or the correct fulfilment of the service resumed. With regard to the delivery of digital products purchased within our e-commerce please refer to Art. 6B of these general terms and conditions. In the event of any other breach of one or more essential obligations under this contract, the party not in default may require the other party, by means of a PEC, to immediately perform this obligation(s) by granting a period of 15 (fifteen) days. In the event that the defaulting party fails to comply within 15 days of receipt of such a notice, the other party may terminate the contract immediately, without prejudice to the right to compensation for damages. If the availability of the products/services covered by the agreement is not immediate and, therefore, the execution by CLINITA s.r.l. is to be considered deferred with respect to the stipulation of the contract, CLINITA s.r.l. shall provide for the subsequent formal communication of said availability to the Client, also for the purposes of possible verification. On the contrary, this contract shall be deemed to be immediately terminated pursuant to art. 1456 of the Italian Civil Code in the event that either of the two parties: a. is subject to bankruptcy or other insolvency proceedings b. becomes insolvent or assigns assets to creditors, or goes into liquidation, either voluntarily or compulsorily. In case of continuous or periodical fulfilment of the services purchased by CLINITA s.r.l., our staff will provide the Client with periodic and constant indications on the progress of the works according to the modalities agreed with the Client.
CLINITA s.r.l. accepts various methods of payment including, for illustrative purposes: credit card, bank transfer, third party online payment systems (by way of example and not exclusively: PayPal, Stripe). CLINITA s.r.l. reserves the right to refuse certain payment methods and to request different payment methods for certain orders. The agreed price/fees, unless otherwise specified in writing, are net of VAT and will include all costs incurred according to the terms and conditions indicated in the contract. CLINITA s.r.l. in the event of sale and/or supply of goods/services not of its own production or execution, reserves the right, however, to make appropriate changes to it to offset any demonstrable increases in the purchase price lists and other cost components, if they are 10% higher than those of the order date. Unless otherwise agreed, CLINITA s.r.l. shall invoice the Client for the activities carried out or services rendered, on the basis of the Activity Reports or progress reports regularly submitted by the person in charge of CLINITA s.r.l.'s commercial area and signed by the delegated Client's manager, or, in the case of continuous services, on a regular basis according to the provisions of the economic offer. Payment shall be made according to the methods and deadlines as set out in the economic part of the commercial offer. Any payments made to third parties will not be considered as having been completed until the relevant amounts have been received at their domicile and a corresponding receipt has been issued. Any delay or irregularity in payment, in addition to the right to commercial interest calculated in accordance with Legislative Decree no. 231/2002, gives CLINITA s.r.l. the right to suspend supplies or terminate current contracts, even if not related to the payments in question, as well as the right to compensation for any damages. The Client is required to pay the sums due in full, even in the event of dispute or controversy, without prejudice to the Client's right to deposit such sums with a primary Credit Institution with an irrevocable order to forward them to the creditor in the event of resolution of the dispute in favour of the latter. Where payment of a fee is required, this will commence from the availability of the service or solution, regardless of the actual use by the Client. In case of second thoughts and unilateral cancellation of the order signed by the Client - before the beginning of the fulfilment by CLINITA s.r.l. - the Client shall pay to CLINITA s.r.l. a penalty of 1/3 of the total amount of the order if no specific activity has been carried out and a minimum of 50% of the same amount if such activity has been carried out. In any case, CLINITA s.r.l. has the right to retain any deposit paid and to request further amounts as full compensation for damages suffered.
"Digital product" is any product intended for the consumer, including in the context of the provision of services, or likely, under reasonably foreseeable conditions, to be used by the consumer, even if not intended for the consumer, supplied or made available for payment or free of charge in digital format (online courses, materials, etc.). The purchase of digital products may take place both on sites expressly attributable to the company and on third party platforms or through direct sales made by persons authorised by the company. If the product is distributed through third party services, the billing charges are borne by the third-party distributors. Access to digital materials is subject to service activation times, to be completed in any case within 48 working hours. Unless otherwise specified, the right of access to the materials has a maximum duration of 6 MONTHS. The contents may be updated and modified without notice at the discretion of CLINITA s.r.l. Any delay or irregularity in payment, which is not less than 7 days, gives CLINITA s.r.l. the right to suspend the service, even without notice, as well as the right to compensation for any damages. The client who purchases digital products called "webinars" and which are delivered in synchronous mode can only be made by our staff from Monday to Friday from 9:30 am to 6:30 pm. Any other needs must be reported and agreed with our sales department. It is absolutely forbidden for the customer who has purchased a synchronous or asynchronous digital product to ask for a refund after having used it. If, on the other hand, classroom courses have been purchased, please refer to the specific conditions of sale at the end of this document.
CLINITA s.r.l. affirms that it employs personnel with technical-specialistic competence appropriate to the performance of the contract. CLINITA s.r.l. reserves the right to choose the personnel and collaborators it considers most suitable for the correct fulfilment of the activities covered by the contract, using its own employees, employees of subsidiaries and affiliated companies or subcontractors, independent collaborators and freelance professionals. The Contractors, for the entire duration of the contract and for the 6 months following its expiration, termination or withdrawal, may not establish, with the employees of the other party, any form of working collaboration, whether employed or autonomous, direct or indirect, without the prior written authorisation of the other party. In case of violation, the injured party may ask the other party for a penalty equal to two years' gross salary, as already paid to the employee before the termination of the relationship, without prejudice to compensation for further damages.
The customer who can be considered a consumer within the meaning of the law (Art. 3 Legislative Decree 206/2005 so-called "Consumer Code") has the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the customer acquires physical possession of the last good ordered or from the day on which the client had access to the platform to use the service. In order to exercise the right of withdrawal, it is necessary to inform CLINITA s.r.l., via Bertoneria 39, 31059 Zero Branco (TV), Italy Email: email@example.com | Tel: 0422485556 of the decision to withdraw from this contract by any explicit statement to that effect (for example, by a letter sent by post, fax or e-mail). In such a case, CLINITA s.r.l. will immediately send a confirmation of receipt of the withdrawal on a recorded medium (e.g. by email). The deadline set for withdrawal shall be deemed to have been met if the client sends their declaration before the expiry of the 14-day period starting from the day on which the client acquired physical possession of the last good ordered or the possibility of using the service purchased.
Following withdrawal from this contract, CLINITA s.r.l. will reimburse all payments made by the purchaser, without undue delay and in any case no later than 30 days from the day on which CLINITA s.r.l. is informed by the customer of the decision to exercise the right of withdrawal. These refunds will be made using the same payment instrument used by the customer at the time of purchase, unless otherwise agreed. In any case, the customer shall not incur any cost as a result of such refund. The client is obliged to return or deliver the products without undue delay and in any case within 14 days from the day on which he has communicated their wish to withdraw from the purchase contract. The costs of returning the goods shall be borne by the customer. The client is responsible for any decrease in the value of the product resulting from handling the goods other than that necessary to establish the nature, characteristics and functioning of the products themselves.
The Client undertakes to use all documents, data and confidential information received from the other party for the sole and exclusive purpose of receiving the training referred to in this contract, with the express exclusion of any other purpose, taking all necessary measures to ensure adequate protection of then and in particular not to cede, communicate, make available or disclose in any way to third parties the content of documents, data and information received by CLINITA srl for their own benefit and / or third parties. The obligation of confidentiality remains binding even after the date of termination of the contractual relationship. Information deriving from one-to-one consulting or training activities carried out by CLINITA s.r.l. as part of its activities related to classroom courses or online courses shall also be considered confidential. Clients who have taken online or physical courses may not use the material to provide advice or organise events that could lead to confusion with those of CLINITA s.r.l.
CLINITA S.R.L. Via Bertoneria 39, 31059 Zero Branco (TV), Italy. Email: firstname.lastname@example.org.
The Data Controller adopts the appropriate security measures to prevent access, disclosure, modification or destruction of personal data. The processing is carried out using computer and/or telematic tools, with organisational methods and logics strictly related to the purposes indicated. In addition to the Data Controller, in some cases, other parties involved in the organisation of the company (sales, marketing, legal, system administrators) or external parties also appointed, if necessary, as Data Processors by the Data Controller, may have access to the data. The updated list of Data Processors may always be requested from the Data Controller.
The Data Controller processes Personal Data relating to the User if one of the following conditions is met: • The User has given consent for one or more specific purposes; • The processing is necessary for the execution of a contract with the User and/or the fulfilment of pre-contractual measures; • The processing is necessary to fulfil a legal obligation to which the Data Controller is subject; • Processing is necessary for the performance of a task in the public interest or for the exercise of public authority vested in the Controller; • The processing is necessary for the pursuit of the legitimate interest of the Data Controller or of third parties. However, it is always possible to ask the Data Controller to clarify the concrete legal basis of each instance of processing and in particular to specify whether the processing is based on law, provided for in a contract or necessary to conclude a contract.
The Data are processed in our offices: Legal headquarters: CLINITA s.r.l., via Bertoneria 39, 31059 Zero Branco (TV), Italy Operational headquarters: CLINITA s.r.l., via Le Canevare 30, 31100 Treviso (TV), Italy
The Data are processed and stored for the time required for the purposes for which they were collected. Therefore: • Personal Data collected for purposes related to the execution of a contract between the Data Controller and the User will be retained until the fulfilment of such contract is completed. • Personal Data collected for purposes related to the legitimate interest of the Data Controller will be retained until such interest is satisfied. The User may obtain further information about the legitimate interest pursued by the Data Controller in the relevant sections of this document or by contacting the Data Controller. When the processing is based on the User's consent, the Data Controller may retain the Personal Data for a longer period of time until such consent is revoked. Furthermore, the Data Controller may be obliged to retain Personal Data for a longer period in compliance with a legal obligation or by order of an authority. At the end of the storage period Personal Data will be deleted. Therefore, at the end of this period the right of access, cancellation, rectification and the right to portability of the Data may no longer be exercised.
User Data is collected to allow the Data Controller to provide its Services, as well as for the following purposes: Statistics, Contacting the User, Interaction with social networks and external platforms, Content Commentary, Social Functionality, User Database Management, Payment Management, Management of support and contact requests, Address Management and email message sending, Registration and authentication, Remarketing and behavioural targeting, Backup saving and management, Content and functionality performance testing (A/B testing), Viewing content from external platforms and Access to accounts on third party services. To obtain further detailed information on the purposes of the processing and on the Personal Data for each purpose, the User may refer to the relevant sections of this document.
Users may exercise certain rights with reference to the Data processed by the Data Controller. In particular, the User has the right to: • Withdraw consent at any time: the User may revoke the consent to the processing of their Personal Data previously expressed. • Oppose the processing of your Data: the User may object to the processing of his/her Data when it takes place on a legal basis other than consent. Further details on the right to object are indicated in the section below. • Access one's own Data: the User has the right to obtain information on the Data processed by the Data Controller, on certain aspects of the processing and to receive a copy of the Data processed. • Verify and request correction: the User may verify the correctness of his/her Data and request that it be updated or corrected. • Obtain processing limitation: when certain conditions are met, the User may request the limitation of the processing of his/her Data. In this case, the Data Controller will not process the Data for any other purpose than their storage. • Obtain the deletion or removal of your Personal Data: when certain conditions are met, the User may request cancellation of his/her Data by the Data Controller. • Receive their own Data or have it transferred to another data controller: the User has the right to receive his/her Data in a structured format, in common use and readable by an automatic device and, where technically feasible, to obtain the transfer without hindrance to another Data Controller. This provision is applicable when the Data are processed by automated tools and the processing is based on the User's consent, on a contract to which the User is a party or on contractual measures connected to it. • Make a complaint: the User may lodge a complaint with the competent data protection supervisory authority or take legal action.
These General Conditions of Sale replace those previously adopted by CLINITA s.r.l. For any dispute on the interpretation and/or fulfilment of this contract, only the Judicial Authority will be competent, excluding any other invocation of Judicial Authority not even to enforce a guarantee or on grounds of connected lawsuit. The contract, as well as these general conditions, for the parts that are not expressly regulated, shall be governed by the current Italian law. For any disputes related to this contract, TREVISO shall be the competent jurisdiction.