© Graphic design project Diaìta Media
Terms and conditions
This document sets out the terms and general conditions under which users are offered the use of the website https://nutriapp.maurodestino.it, which offers the purchase of a booking service for appointments and teleconsultation meetings, as well as other remote professional services.
Definitions
To allow for a complete understanding and acceptance of these terms and conditions, the following terms, in both singular and plural, shall have the meaning indicated below:
• Owner: Dr. Mauro Destino, with registered office at Via Antonio Pacinotti 30 - 72023 Mesagne (BR), Tax Code DSTMRL69H11F152X, VAT 03380350753 PEC address mauroelio.destino@pec.enpab.it
• Application: the website https://nutriapp.maurodestino.it
• Products: the products, services, and consultations provided to the User by the Owner
• User: any subject who accesses and uses the Application
• Consumer User: the adult natural person who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity, if any
• Non-Consumer User: the adult natural person or legal entity who enters into a contract for the performance of or for the needs of their own entrepreneurial, commercial, artisanal, or professional activity
• Terms: 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.
Scope of the Conditions
The use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, or information published or referred to herein, they will not be able to use the Application or its related services.
The Conditions may be changed at any time.
The applicable Conditions are those in force on the date the purchase order or request for supply of a Product is submitted.
Before using the Application, the User is required to carefully read the Terms and to save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time, 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, providing the User, where necessary, with the relevant instructions.
Purchase or supply request through the Application
All Products offered through the Application are described in detail on the respective product pages (quality, features, availability, price, delivery times, additional charges, etc.). Some errors, inaccuracies, or minor differences may occur between what is published on the Application and the actual Product. Furthermore, any images of the Products are for illustrative purposes only and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are permitted both to Consumer Users and to non-Consumer Users.
Purchases and/or supply requests are permitted to individuals only if they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be reviewed 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 shall be considered a contractual purchase and/or supply request proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have, at its sole discretion, the right to accept or reject the User's order without the latter being able to object or complain for any reason and/or on any grounds.
The contract for the sale or supply of the Products is considered concluded upon acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address provided by the User. The email contains, among other things, a link to download a copy of these Terms and Conditions.
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 delivery or supply terms, asking whether they wish to confirm the order or not. It is understood that the contract will be considered finalized only for the Products accepted by the Owner.
The User undertakes to verify the accuracy of the data shown in the order confirmation and to immediately notify the Owner of any errors, and will keep a copy of their order, the related confirmation, and the Terms and Conditions.
Prices and payments
For each Product, the price including VAT, if applicable, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated.
In addition, any applicable taxes and additional charges that may vary depending on the payment method used will be indicated. If such charges cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no way affect contracts already concluded before the change.
The User undertakes to pay the price of the Product within the times and in the manner indicated in the Application and to provide all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card numbers, cardholder name, password, etc.).
If such third-party tools deny authorization for payment, the Owner will not be able to provide the Products and cannot be held responsible in any way.
Billing
The User who wishes to receive an invoice will be asked for billing information. The information provided by the User, which they declare and guarantee to be true, will be used for issuing the invoice, releasing the Owner from any liability in this regard. The invoice will be sent in digital format to the email address provided by the User.
Methods of supply of Products and services
The Owner will provide the Products and/or services to the User, in the manner and within the timeframe indicated on the Application and stated in the order confirmation.
If it is not possible to provide the Products and services requested within this period, prompt notice will be given to the User by e-mail, indicating when they are expected to be provided or the reasons that make provision impossible.
If the User does not intend to accept the new deadline or if the provision has become impossible, they may request a refund of the amount paid, which will be promptly credited using the same payment method used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.
Exclusion of the right of withdrawal for non-Consumer Users
The Non-Consumer User is not granted the right to withdraw from the contract of sale or supply of the Products. The User expressly acknowledges that indicating a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal is not provided.
Right of withdrawal of Consumer Users from the purchase of Products and services
The Consumer User alone who, for any reason, is not satisfied with the Product has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of conclusion of the contract, by sending a written communication to the email address info@maurodestino.it, using the optional withdrawal form (see below) or any other written statement.
In the event of a correctly exercised withdrawal, the Owner will refund the Consumer User the payments received, using 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 the withdrawal from the contract.
In the event of a request for the provision of a service, the Consumer User acknowledges and agrees to lose the right of withdrawal after the complete provision of the service if the provision has begun with their express agreement and with the acceptance of losing the right of withdrawal after the service has been performed, pursuant to art. 59, letter a) of the Consumer Code. Furthermore, the Consumer User acknowledges and agrees to lose the right of withdrawal if they have requested that the provision begin during the withdrawal period, pursuant to art. 51, paragraph 8.
Where the service has not been fully performed and the Consumer User wishes to withdraw from the contract, he or she is nevertheless obliged, pursuant to Article 57, paragraph 3 of the Consumer Code, to pay the Owner an amount proportional to what has been performed up to the moment the right of withdrawal was exercised.
• The User may withdraw using the following form, which must be completed in its entirety and sent to the email address info@maurodestino.it before the withdrawal period expires
• Optional form to exercise the right of withdrawal: https://bit.ly/3xMsraN
Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the contents available on the Application. Therefore, all trademarks, figurative or word marks, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the applicable trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and/or individual content and/or materials available therein, unless otherwise provided.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.
Disclaimer of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit warranty regarding the Application, nor does it guarantee that the Application will meet the Users' needs or that it will never be interrupted or be free of errors 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 can in no way be held responsible 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 temporarily suspended without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure events.
Limitation of Liability
The Owner cannot be held liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the internet network beyond its own control or that of its suppliers.
The Owner shall also not be liable for damages, losses, and costs incurred by the User as a result of non-performance of the contract for reasons not attributable to him, with the User being entitled only to a possible full refund of the price paid and any ancillary charges incurred.
The Owner assumes no responsibility for any fraudulent or unlawful use that may be made by third parties of credit cards and other means of payment, as they do not in any way come into contact with the payment data used (credit card numbers, cardholder names, passwords, etc.)
The Owner shall not be liable for:
• any loss of business opportunities and any other loss, including indirect loss, that may be suffered by the User which are not a direct consequence of a breach of contract by the Owner
• incorrect or unsuitable use of the Application by Users or third parties
• the issuance of incorrect documents or tax data due to errors related to the data provided by the User, as the latter is solely responsible for correct entry
• In no case can the Owner be held liable for an amount greater than twice the cost paid by the User.
Force majeure
The Owner cannot be held liable for failure or delay in fulfilling its obligations, due to circumstances beyond the Owner's reasonable control resulting from force majeure events or, in any case, from unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of obligations by the Data Controller shall be considered suspended for the period during which force majeure events occur.
The Owner will take any action within its power in order to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.
Link 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 content of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general terms and conditions for the use of the site/application and for the use of the service prepared by the third parties will apply to the individual services, for which the Owner assumes no responsibility.
Privacy
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at the Privacy Policy page: https://bit.ly/3tMYRQX
Applicable law and competent court
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution, and interpretation of these Terms shall be submitted to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User's right to bring an action before a court other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19, and 20 of the Code of Civil Procedure.
The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved, in particular with regard to the period for exercising the right of withdrawal, the period for returning the Products in the event of exercising such right, the methods and formalities for communicating the same, and the legal guarantee of conformity.
For non-consumer Users, any dispute relating to the application, execution, and interpretation of these Terms shall be submitted to the court of the place where the Owner has its registered office.
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 tool can be used by the Consumer User to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform to resolve any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/
Update: June 2022
© Graphic design project Diaìta Media