Terms and Conditions

These Terms and Conditions govern the sale of Services or Products on the iromitalia.com website.

The Supplier reserves the right to change these Terms and Conditions of Sale and the Privacy Policy, and the aforementioned changes will be made known to Users through the Site with an appropriate notice. Said notice may, at Supplier’s discretion, also be made by sending an appropriate email.

The online sale of the Services on the Site is governed by the rules of the Consumer Code D.lgs. n.206/2005 and the Electronic Commerce Code D.lgs. n.70/2003.

ARTICLE 1 DEFINITIONS

For the purposes of this contract, the following definitions shall apply:
Service Provider: IROM Italia S.r.l.

Via Volturno, 80

Fontana Bldg.

Brugherio (MB) – 20861

Italy

VAT: IT00876050964

email: info@iromitalia.com

General Terms and Conditions: the set of these contractual clauses that determine and define the relationship between the Supplier and Participant
Website: iromitalia.com
Services: the sale of agri-food products and services.
Purchase: the onerous purchase of the above Service or Product from the day of the conclusion of the purchase
Order: the proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart.
Shopping Cart: the stage of the purchase procedure in which the User formulates its purchase proposal, selecting the payment method
Material: all the material on the platform
Facebook Group: closed group dedicated to Participants on social network Facebook
Participant: generically the Consumer or Professional who has purchased a course
Consumer: the natural person acting for purposes unrelated to professional or business activity
Professional: the one who acts for professional or entrepreneurial purposes
User: any individual who has access to the website

ARTICLE 2 OBJECT OF THE CONTRACT

These Terms and Conditions of Sale cover the Services or Products referred to in the following article and are valid between the Provider and any User who makes a purchase on the Website, set forth the conditions of use of the Website, the manner of participation in the Product Services and the Product Services reserved for Participants. Any toleration by the Provider of conduct that is in violation of the provisions of these conditions shall not constitute a waiver of the rights to which such party is entitled under the aforementioned conditions. If any of the conditions is found to be null and void or ineffective, the nullity or ineffectiveness, if any, shall not extend to the remaining terms of the contract.

ARTICLE 3 DESCRIPTION OF THE SERVICE

The purpose of the Service offered by the Supplier is professional growth in the agri-food industry through the provision of products and services:
PRODUCTS
Purchasable upon Supplier’s quotation.
SERVICES
Calibration
Maintenance Tours
Technical Assistance

ARTICLE 4 DURATION OF SERVICE

After making the purchase of the subscription service, the relationship shall be deemed to be tacitly renewed each month unless the automatic renewal is cancelled and subsequent cancellation is made at any time prior to the renewal date. The cancellation will become effective at the end of the current billing period. Access to the purchased Service is permitted as long as the Participant has not exercised the right to cancel, renewed the subscription, requested cancellation, or cancellation is ordered by the Provider. Access to subscription and non-subscription Services is provided until the User has exercised the right of withdrawal, requested cancellation, or cancellation is ordered by the Provider for legal or business policy reasons.

ARTICLE 5 PRICES.

The price of the Service is displayed on the Website in euros or provided by email. The Provider reserves the right to change the price, at any time, without prior notice, it being understood that the price charged to the User will be the one indicated on the Website at the time the order is placed and that no account will be taken of any changes (upward or downward) after the transmission of the order.

ARTICLE 6 MODE OF REGISTRATION

In order to be able to make the purchase of the Service or Product , the User will have to make a special registration, through which he/she will have to enter his/her required personal data. The User is responsible for the truthfulness and correctness of the same. It is forbidden to provide false generalities and to perform any conduct likely to cause confusion regarding the personal identity of the User. By way of example, this prohibition includes the use of untrue or other people’s generalities.

Upon registration and at the time of data entry, the User warrants that:
– be of legal age and legally capable;
– comply with all legal and contractual regulations applicable to these Terms and Conditions;
– be the rightful owner of the data entered, which shall be understood to be true, correct and up-to-date.
Upon registration, the User will be asked to provide certain data such as name and e-mail. The e-mail address given during registration allows the Provider to notify the User after the purchase of the link to access the platform and all messages related to the Services and the Site in general. The use of temporary e-mails for registration is prohibited.

ARTICLE 7 PURCHASING PROCEDURE

The User may purchase the Service Products offered for sale within the Site, as described, by following the purchase procedures provided in the Site itself. The User shall, after having read the Terms and Conditions with particular reference to the procedures for exercising the right of withdrawal and the Privacy Policy, proceed to send the Order Form. By submitting the Order Form, the Participant acknowledges and declares that he/she fully and unconditionally accepts the Terms and Conditions, as well as agrees to the processing of his/her Personal Data. The applicable Terms and Conditions are those in effect at the time of the Order and can be found on this page of the Site. The Contract entered into between the Supplier and the Participant shall be deemed concluded upon the Supplier’s confirmation of the purchase. Acceptance of the Order will be communicated by the Supplier to the Participant by means of an email, sent to the email address provided during the placing of the Order. The Supplier reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect. The Supplier will notify the Participant of any inability to accept orders received as soon as possible from the time the Participant submitted the Order and will refund any sums already paid by the Participant for payment of the Product Services. Any right of the Participant to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the Supplier’s non-acceptance, even partial, of an Order is excluded.

ARTICLE 8 MODE OF PAYMENT

The Participant agrees to pay the monthly subscription fee for the service by authorizing the Provider to charge the same to the indicated Credit Card. In the event that the indicated Credit Card is declined or cannot be used to settle the subscription fee the Participant c will be responsible for any outstanding amounts. If a charge fails due to credit card expiration, insufficient funds, or for any other reason, and if Participant c has not terminated his or her account, the Provider may suspend his or her access to the Service until he or she has activated a valid Payment Method.
The payment methods provided are:
1) PayPal
Upon payment, the User’s browser will be directed to a secure server page with SSL encryption by entering his/her username and password. In this way only Paypal will be in possession of the User’s data, which will not be visible in any way by the Provider. The amount of the order is debited from the PayPal account when the order is taken.
2) Stripe
The Participant can pay for his/her Order via the Stripe platform which allows to make and receive payments by rechargeable card or credit card.
3) Satispay
The Participant may choose to pay using Satispay service. After completing the order, a payment request will arrive on the Participant’s Satispay app, which is valid for 3 hours.
4) Apple pay
Apple Pay is a payment service provided by Apple, which allows the User to make online payments on websites and apps that support it using an IPhone 6 and above, an Apple Watch, Mac and iPad Air 2 and above
5) Google pay
Google Pay is a payment service that allows the User to make online payments on websites.

ARTICLE 9 MATERIAL RIGHTS

All material prepared by the Supplier will remain the property of the Supplier. The Supplier grants the Participant the ability to view the material for personal use only, without the ability to download, copy, disseminate, reuse, sell it as well as any other action not expressly provided for and specifically agreed upon with the Supplier. As a result of purchasing the Service, the Participant does not acquire any rights to the content prepared by the Provider. All rights not expressly granted are reserved. Any behavior contrary to these Terms and Conditions on the part of the Participant entitles the Provider to immediately exclude him/her from the Services and to take action in the appropriate venues and forms.

ARTICLE 10 PARTICIPANT’S OBLIGATIONS

In creating his profile and filling out the Form, the Participant who intends to register agrees to provide his personal data in a correct and truthful manner and not to upload illicit content.
The Participant agrees to use the interaction services offered by the Provider for the sole purpose of comparison regarding the topics covered by the purchased Service and the topics dealt with by the Provider, having to consider prohibited any form of contact aimed at promoting goods or services and, more generally, any activity of spamming, unfair competition, sharing of external links, sharing of videos or any other activity or behavior that violates current regulations or may annoy other members in any way. The Participant hereby accepts all responsibility for any content that is unlawful, contrary to decency, morality or infringing on the rights of others. In the event of a breach of these obligations, the Provider may exclude the Participant from the Service with immediate effect without having to refund the amounts paid, and in addition, automatic renewal will be deactivated and the Participant will no longer be able to register on the platform/site.
It is the obligation of the Participant to proceed with the payment of the scheduled monthly fees in the manner indicated.

ARTICLE 11 OBLIGATIONS RELATED TO THE USE OF THE SITE

All Users shall use the site by strictly adhering to these Terms and Conditions. The User undertakes not to use the site and its services for illegal purposes or contrary to these Terms and Conditions of Use, or in ways that could damage its functionality, render it unusable, cause overloading, deterioration and/or interference with its use by other Users. Any behavior from which, even by mere attempts, unauthorized access to the site, the Service or Products sold by the Provider, other accounts, systems or networks connected to the same through hacking, password forgery or other means may result is prohibited.

ARTICLE 12 INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Site are protected and safeguarded by current copyright and industrial and intellectual property laws. By way of example and not limited to the content of the Site must be understood as: the domain name, its sub-domains, trademarks, all texts, any graphic representation and / or text in general, photographs, movies. All intellectual and industrial property rights relating thereto are the exclusive property of the Provider, are reserved to it and are not and will not be transferred or licensed under any circumstances to the Participant and/or User. Therefore, the User or Participant shall not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties for any reason whatsoever or otherwise use for any purpose other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Provider. All materials prepared by the Supplier shall remain the exclusive property of the Supplier. The Supplier grants Participants the possibility of viewing the educational material and downloading it for personal use only, while they are precluded from disseminating, reusing, copying, selling it as well as any other action not expressly provided for and specifically agreed upon with the Supplier.

ARTICLE 13 USE OF IMAGES

During the course of the Services, images, including those of a portraiture nature, may be captured that depict the Participant. More specifically, the Supplier may take photographs, videos and/or screenshots, either directly or through the use of third parties working in the interest and on behalf of the Supplier, who will acquire all derivative and consequential rights to the photographic material thus created. The images will be used by the Supplier to document the conduct of the course as well as to promote the activities carried out, including through their publication on the website, as well as on the company’s social channels, brochures or through inclusion in documents intended for dissemination.
To this end, the Participant authorizes the use of his or her images for the aforementioned informational and promotional purposes according to the conditions indicated below:
– The images will be processed by the Provider in compliance with data protection regulations;
– The images collected will not be used in a manner that may be detrimental to the personal and professional dignity and decorum of the person concerned;
– No remuneration or other financial recognition for the Participant derives from the authorization.

ARTICLE 14 WITHDRAWAL

The Consumer Participant may exercise the right of withdrawal within 14 days from the date of his/her purchase. To exercise this right within 14 working days from the date of purchase, it is sufficient to notify the Supplier that you wish to withdraw from the purchase by communicating this by email. The Supplier agrees to pay the amount in the case due as a refund within 14 days of receipt of the notice. The Consumer Participant expressly acknowledges and agrees that in the event of execution of the provision of the Service before the expiration of 14 days from the date of its purchase, he/she will not be able to exercise the aforementioned withdrawal pursuant to Article 59 of Legislative Decree No. 206 of 2005.
Professional Participants are not granted the right of withdrawal.

ARTICLE 15 DISCLAIMER

The Supplier’s liability is understood to be within the limits of its obligations under these Terms and Conditions and the amount paid at the time of purchase;
The Provider is not responsible for the behavior of Users and the information shared by them;
The User warrants that he/she will use the Website in accordance with the conditions and for the Services established and offered by the Provider, excluding any use that is intended for illegal purposes or contrary to the provisions of these Terms and Conditions of Use and otherwise in ways that could damage, render it unusable, overload or deteriorate it or interfere with its use by other Users;
The Provider is not responsible for Users’ purchases and/or access to the ‘members area, to the extent permitted by applicable law.
The Provider is not liable to Users or entities directly or indirectly related to them for delays, disruptions or suspensions of the platform;
The Provider shall not be liable for the increase or failure to increase business from the User’s business, for failure to achieve desired results from investments and costs incurred, and for any damages resulting from the Services offered;
the Provider shall not be held liable for any omissions or errors that may be contained in the materials, nor, again, for any infringement of the rights of others and damages, including indirect, consequential to it, or for other damages of any kind, including resulting from loss of right of use, loss of information or loss of profit or arising from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use or information contained in the platform.

ARTICLE 16 LEGAL WARRANTY

The Consumer Participant, pursuant to Articles 135-octies et seq, in case of receipt of non-conforming or defective Products/Digital Services, is entitled to the legal warranty of 24 (twenty-four) months. In case of receipt of non-conforming or defective Products/Services, the Participant shall notify the Vendor by e-mail, specifying whether he/she wishes to have the Product replaced/repaired or to have the price of the Product reduced. Beyond this deadline, the Vendor, therefore, will not be responsible for conformity defects found by the consumer.
The Professional Participant, does not have the right to the legal guarantee of conformity but only the legal guarantee provided by the Civil Code, whereby in the case of defects in the Products sold that make them unfit for use or that are such as to appreciably diminish their value, the same may request a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end must notify the Vendor of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.

ARTICLE 17 FAILURE TO EXERCISE A RIGHT

The Supplier’s failure to exercise a right does not represent any waiver of its right to take action against the Participant or any third party for breach of commitments. The Supplier therefore reserves the right to enforce its rights in any case, within the terms granted.

ARTICLE 18 APPLICABLE LAW AND PLACE OF JURISDICTION

These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts entered into online by the Consumer Participant with the Supplier shall be the exclusive jurisdiction of the Court of the judge of the place of residence of the Consumer (so-called consumer forum).
In the case of Professional Participant the territorial jurisdiction is exclusively that of the Court of Milan

ARTICLE 19 FORCE MAJEURE

The Supplier shall not be held liable for failure or delay in the performance of its obligations due to circumstances beyond the reasonable control of the Supplier due to force majeure events or, otherwise, unforeseen and unforeseeable events and, in any case, beyond the Supplier’s control.
The Supplier’s performance of its obligations shall be deemed suspended for the period during which force majeure events occur.
In the event of force majeure, the performance of the Service will be suspended.
Such suspension may last for a maximum period of 3 (three) months, after which it will deem the Order automatically cancelled.

ARTICLE 20 PROCESSING OF PERSONAL DATA

The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Provider, as the Data Controller, processes the Personal Data of Users by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. The User’s Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the stipulated contract; for the registration procedure aimed at the purchase of the Services; to follow up on specific requests addressed to the Data Controller by the User; to send promotional and commercial information and offers also through the newsletter service on the basis of the consent freely expressed by the User; for softspam purposes for promotional communications having as object the purchased Services without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no.101 of 2018. Therefore, the Participant is 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 relevant consent to their processing where required (Cookie Policy).

ARTICLE 21 DISPUTE RESOLUTION

According to Article 49 paragraph 1 letter V of Legislative Decree No. 206/2005 (Consumer Code) the Consumer Participant may make use of the Joint Conciliation Procedure (ADR). Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Participant may file a complaint through the ODR platform of the European Union. For more information contact the Provider.

ARTICLE 22 COMMUNICATIONS

For further information of any kind you can contact the Supplier by e-mail at the following address: info@iromitalia.com

Pursuant to articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 4, 7, 9, 10, 11, 12, 13,14,15 and 19