Terms and Conditions Programs
TABLE OF CONTENTS
ART. 1 - Definitions
ART. 2 - Subject of the Contract
ART. 3 - Service Description
ART. 4 - Prices
ART. 5 - Purchase Procedure
ART. 6 - Payment Methods
ART. 7 - Rights to the Material
ART. 8 - Seller's Obligations
ART. 9 - Customer's Obligations
ART. 10 - Obligations Regarding Website Use
ART. 11 - Intellectual and Industrial Property
ART. 12 - Withdrawal
ART. 13 - "Satisfaction Guaranteed or Your Money Back" Clause for Digital and/or Editorial Products
ART. 14 - Disclaimer
ART. 15 - Amendments to these Terms and Conditions
ART. 16 - Non-Exercise of a Right
ART. 17 - Processing of Personal Data
ART. 18 - Dispute Resolution and Arbitration
ART. 19 - Communications
ART. 1 DEFINITIONS
For the purposes of this contract, the following terms shall mean: Seller: Biohacking LTD, with registered office at 5 Cow Leaze, London – United Kingdom, E6 6WX – VAT: 349495255 email: assistenza@spartanhealth.com
General Terms and Conditions: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer
Website: www.spartanhealth.com
Services: sale of e-books in downloadable PDF format, concerning a health and longevity program, with an explanatory video of the same concepts.
Purchase: the onerous purchase of the aforementioned Service from the day of the conclusion of the purchase
Order: the purchase proposal made by the User through the Website procedures and in particular through the Cart.
Cart: the phase of the purchase procedure in which the User formulates their purchase proposal, selecting the payment methods.
Material: all material present on the platform and provided by the Seller.
Download: the transfer, usually of Files, from a remote computer to a local one.
Customer: any person who purchases the Service sold through the Website.
Consumer: the natural person acting for purposes unrelated to professional or business activity.
User: any person who has access to the Website.
ART. 2 SUBJECT OF THE CONTRACT
These General Terms and Conditions of Sale concern the Services referred to in the following article, are valid between the Seller and any User who makes a purchase on the Website and establish the conditions of use of the website. The Seller reserves the right to modify these Terms and Conditions at any time, by notifying Users on its homepage. In this case, the modifications will be effective for legal purposes, without the need for specific and further approval and in any case after ten days from their publication. Any tolerance by the Seller for conduct that violates the provisions of these Terms and Conditions does not constitute a waiver of the rights that belong to that party based on the aforementioned. Should any of the conditions prove to be null or ineffective, the eventual nullity or ineffectiveness will not extend to the remaining contractual clauses.
ART. 3 SERVICE DESCRIPTION
The Service offered by the Seller is an e-book in PDF format concerning a health and longevity program with an explanatory video of the aforementioned concepts.
Art. 4 PRICES
The price of the Service is displayed on the Website in euros, including VAT. The Seller reserves the right to modify the price at any time, without prior notice, it being understood that the price charged to the User will be that indicated on the website at the time the order is placed and that any subsequent changes (increases or decreases) after its transmission will not be taken into account.
ART. 5 PURCHASE PROCEDURE
The User may purchase all Services offered for sale on the Website, as described, by following the purchase procedures provided on the Website itself. To purchase the Services, the User must complete the Order form in electronic format, following all instructions contained on the dedicated page of the Website and entering their data such as name, surname, email, and phone number. The Order form contains a summary of the main conditions, including the price, payment methods, as well as information on the main characteristics of the Service. The User must, after having read the Terms and Conditions with particular reference to the methods for exercising the right of withdrawal and the Privacy Policy, proceed with sending the Order form. By sending the Order form, the Customer acknowledges and declares to fully and unconditionally accept the Terms and Conditions, as well as to consent to the processing of their Personal Data. The applicable Terms and Conditions are those in force at the time of the Order and available on this page of the Website. The Contract stipulated between the Seller and the Customer shall be deemed concluded with the confirmation of the purchase by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer by email, sent to the email address provided during the placement of the Order. The Seller reserves the right to evaluate the acceptance of received orders and may refuse or otherwise not proceed with purchase orders that are incomplete or incorrect. The Seller will inform the Customer of any impossibility to accept received orders as soon as possible from the moment the Customer transmitted the Order and will arrange for the refund of any sums already paid by the Customer for the payment of the Services. Any right of the Customer to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an Order by the Seller, is excluded. The email address provided during the purchase allows the Seller to notify the User of all messages relating to the Services and the Website in general. The use of temporary emails for registration is prohibited. Once the purchase procedure is completed, the Customer will receive an email accepting the purchase Order and an automated email containing a username and password, through which they can access the reserved area of the Website.
ART. 6 PAYMENT METHODS
Once the Order has been placed, the Customer undertakes to pay the requested price, according to the methods provided on the Website. The payment methods provided are: 1) Payment by Bank Transfer The User who chooses this payment method must make an explicit request via email to the Seller. The transaction can be carried out using the bank details that will be sent by email from the Seller. In this case, the Order is considered complete, and what has been purchased will be shipped only when the Seller receives the payment receipt by email from the Customer. 2) PayPal To ensure maximum security during online payments, the Seller has chosen payment via PayPal, which uses the highest security standards in data transfer and access to information. If the Customer chooses to pay via the PayPal platform, at the time of payment, their browser will be directed to a secure server page with SSL encryption, where they will enter their username and password. In this way, only PayPal will have access to the Customer's data, which will not be visible to the Seller in any way. The order amount is debited from the PayPal account at the time the order is acquired. In case of cancellation, the amount is refunded to the Customer's PayPal account. 3) Credit Card If the Customer chooses to pay by credit card, the amount is debited directly from it (Visa, Visa Electron, Mastercard) or from a prepaid card (PostePay, PayPal, etc.). Customer information is confidential as no financial information is saved. A confirmation email will be sent for each transaction performed. In case of cancellation, the amount will be refunded to the Customer's account.
ART. 7 RIGHTS TO THE MATERIAL
All material prepared by the Seller shall remain its property. The Seller grants the Customer the possibility to view the material solely for personal use, without the possibility of copying, disseminating, reusing, selling it, or any other action not expressly provided for and specifically agreed upon with the Seller. Following the purchase of the Service, the Customer does not acquire any rights over the content prepared by the Seller. All rights not expressly granted are reserved. Any conduct contrary to these Terms and Conditions by the Customer, even within the members' area, entitles the Seller to immediately exclude them from the platform and the members' area and to take appropriate legal action.
ART. 8 SELLER'S OBLIGATIONS
The Seller undertakes to guarantee access to the Service only to those who have correctly completed the purchase procedure. It is the Seller's obligation to set up the system so that the Customer can access the material and the reserved area.
ART. 9 CUSTOMER'S OBLIGATIONS
a) When filling out the purchase form, the Customer undertakes to provide their personal data correctly and truthfully. b) the Customer undertakes to keep the authentication credentials necessary to access their reserved area with due diligence.
ART. 10 OBLIGATIONS REGARDING WEBSITE USE
All Users must use the website strictly adhering to these Terms and Conditions. The User undertakes not to use the website and related services for illegal purposes or contrary to these Terms and Conditions of use, or in ways that could damage its functionality, making it unusable, causing overload, deterioration and/or interference with its use by other Users. Any behavior from which, even by mere attempts, unauthorized access to the website, to the Service sold by the Seller, to other accounts, to systems or networks connected to it through hacking, password counterfeiting or other means, is prohibited.
ART. 11 INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the Website is protected and safeguarded by current laws on copyright and industrial and intellectual property. By way of example and not exhaustive, the content of the Website shall include: the domain name, its subdomains, trademarks, all texts, any graphic and/or text representation in general, photographs, films. All intellectual and industrial property rights related thereto are the exclusive property of the Seller, are reserved to it, and are not and will not be transferred or licensed in any case to the Customer and/or User. Therefore, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit, even on other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than storage and/or consultation the Websites and/or the Contents of the Website, without the prior express and formal approval of the Seller. All material prepared by the Seller shall remain its exclusive property. The above indications also apply to the material published within the members' area.
ART. 12 WITHDRAWAL
The Consumer Customer may exercise the right of withdrawal within 14 days from the date of purchase. To exercise this right within 14 working days from the date of purchase, it is sufficient to inform the Seller of the desire to withdraw from the purchase through the area provided by the Seller on the website or by communicating this intention to the address: info@fisicodaspartano.com. The Seller undertakes to pay the due amount as a refund within 14 days of receiving the communication. The refund will be made using the same payment method chosen for the purchase. The Consumer Customer acknowledges and expressly accepts that in the event of the execution of the Service, by downloading the e-book before the expiry of 14 days from the date of purchase, they will not be able to exercise the aforementioned right of withdrawal pursuant to art. 59, letter o), Legislative Decree no. 206 of 2005.
ART. 13 - "SATISFACTION GUARANTEED OR YOUR MONEY BACK" CLAUSE FOR DIGITAL AND/OR EDITORIAL PRODUCTS
ART. 14 DISCLAIMER
a) The Seller's liability is understood within the limits of the obligations assumed with these Terms and Conditions and the sum paid at the time of purchase; b) The Seller is not responsible for the conduct of Users and the information shared by them; c) The User guarantees that they will use the website according to the conditions and for the Services established and offered by the Seller, excluding any use that aims for illegal purposes or contrary to the provisions of these Terms and Conditions of use and in any case in ways that could damage it, render it unusable, overload or deteriorate it or interfere with its use by other Users; d) The Seller is not responsible for the purchase of Users and/or their access to the reserved area, to the extent permitted by applicable law. e) The Seller is not responsible to Users or parties directly or indirectly connected to them for delays, malfunctions or suspensions of the platform; f) The Seller is not responsible for the failure to achieve desired results against investments and costs incurred and for any damage deriving from the Services offered; g) the Seller will not be held responsible for omissions or errors that may be contained in the materials, nor, moreover, for any violation of the rights of others and for damages, even indirect, consequential thereto, or for other damages of any kind, also resulting from loss of the right of use, loss of information or loss of profit or deriving from non-fulfillment of the contract, from negligence or from other injurious actions, deriving from or in any way connected with the use or information contained in the platform; h) The Seller is not responsible for the use that may be made of the purchased Services. The Services offered by the Seller should not be understood as a substitute for medical advice or that of a healthcare professional. The content provided to the Customer does not constitute medical advice and is for purely informative and instructional purposes. The Services offered by the Seller are aimed at healthy users and are not intended to promote diets or physical exercises to be undertaken without the prior approval, or constant supervision, of competent professional figures under Italian law, such as their trusted doctor.
ART. 15 AMENDMENTS TO THESE TERMS AND CONDITIONS
The Seller reserves the right to modify, at any time and without prior notice, the content of these Terms and Conditions. The relationship will be governed by the text of the Terms and Conditions published on the Website at the time the Customer sends the Purchase Order. The Customer is therefore invited to expressly review the text of these Terms and Conditions always before sending the Purchase Order, in order to verify the updated text at the time of the Order itself. Updates will be indicated in the header of the text with the last updated date.
ART. 16 NON-EXERCISE OF A RIGHT
The Seller's failure to exercise a right does not constitute a waiver to take action against the Customer or third parties for the violation of commitments made. The Seller therefore reserves the right to enforce its rights in any case, within the terms granted.
ART. 17 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed in accordance with the principles of fairness, lawfulness, transparency and protection of confidentiality pursuant to current regulations. The Seller, as Data Controller, processes Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. Processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the indicated purposes. User Data is collected for the execution of pre-contractual measures; to fulfill obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing Services; to follow up on specific requests addressed to the Data Controller by the User; for sending promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications concerning the Services purchased without the need for the User's express and prior consent, as provided for by art. 130, paragraph 4, of the Privacy Code as amended by Legislative Decree n.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to processing where required (Cookie Policy).
ART. 18 DISPUTE RESOLUTION AND ARBITRATION
In the event of any dispute or claim arising out of or in connection with these Terms and Conditions, including any questions regarding their existence, validity or termination, the Parties undertake to first attempt to resolve the matter through amicable negotiation. If the dispute is not resolved within 30 days of such negotiation attempt, it shall be submitted to arbitration.
Each Party shall appoint its own lawyer within 15 days of the decision to proceed with arbitration. The lawyers appointed by the Parties shall jointly select a third lawyer who shall act as the sole arbitrator.
The arbitrator shall be responsible for resolving the dispute, and their decision shall be final and binding on both Parties. If the Parties' lawyers fail to appoint the third lawyer within 15 days of their appointment, the appointment shall be made, at the request of one of the Parties, by the President of the Bar Association of the jurisdiction applicable to this contract.
The arbitration shall be conducted in English and the seat of the arbitration shall be London, England. The arbitration procedure shall be governed by the laws of the exclusive jurisdiction of England and Wales.
ART. 19 COMMUNICATIONS
For further information of any kind, you can contact the Seller by e-mail at the following address: assistenza@fisicodaspartano.com Pursuant to articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and expressly accept all the clauses of these Terms and Conditions of sale and in particular those of articles 5, 6, 8, 10, 11, 12, 13 and 15