1.1 The object of these General Conditions is the supply, promotions and online sale / resale marketed by Musatalent Academy of Carmelo Vecchio (hereinafter Musatalent Academy), with the methods described below, of training courses (hereinafter referred to as video courses ) and cosmetic products and equipment (called products) of various brands and available on the website www.musatalent.it and www.musatalent.com in the “courses” or “products” section.
1.2 The products referred to in the previous point are illustrated on the website www.musatalent.it/com and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in color, size and accessory products.
1.3 These general conditions of sale do not regulate the supply of services or the sale of products made by third parties who use direct links to the site www.musatalent.it/com through banners or through other hypertext links / links. Musatalent Academy in no case can be held responsible for the provision of the services promised by third parties or for the execution of e-commerce transactions between Musatalent Academy customers and third parties.
2. PURCHASE OF COURSES
Online payment of the purchase fee on the musatalent.it/com website (via PayPal platform) constitutes actual access to the online video course or cosmetic products and tools. Subsequently, communication will take place by sending a visual message, email or fax from the Musatalent site of immediate "access" to the video course or upon purchasing the product.
3. PURCHASE OF PRODUCTS
Purchases made on www.musatalent.it/com are governed by these general conditions of sale, which can be modified at any time by Musatalent Academy, effective from publication on the site. The sending of the order by the Customer is valid as acceptance of the conditions of sale published on the site at that time.
Musatalent Academy observes the legislation on distance contracts referred to in art. 50 and following of Legislative Decree n. 206 of 6 September 2005, as well as that relating to electronic commerce pursuant to Legislative Decree no. 70 of 9 April 2003. These general conditions must be considered an integral and substantial part of the contract.
Musatalent Academy invites the Customer to carefully read the conditions below, and to print and / or save them on another durable medium accessible to him.
4.1 The expression "online sales contract" means the sales contract relating to movable tangible assets and online training services marketed by Musatalent Academy with the Musatalent brand, stipulated between it and the consumer, as part of a remote sales system through telematic tools, organized by Musatalent Academy through the website www.musatalent.it/com.
4.2 The term "Customer" means the consumer who is a natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity he may carry out.
Musatalent Academy reserves the right not to process orders received from users who are not "Customers", as well as any other order that does not adhere to Musatalent Academy's commercial policy.
The Customer acknowledges, for himself, that the video courses and the material relating to them are the absolute property of Musatalent Academy of the "Musatalent" brand which can come into possession of them if they come from Musatalent Academy (Musatalent) only for viewing and learning the techniques described , any improper use or disclosure in any way and type to third parties without specific authorizations or in the absence of accesses provided by Musatalent Academy will be prosecuted according to law in the appropriate competent offices. The Customer undertakes not to make a copy of such material, not to disseminate its content in whole or in part to third parties, not to transfer it to third parties and not to carry out or have other courses based on said documentation.
7. THE CERTIFICATE
7.1 Access to the online exam and carrying out all parts of the test allows you to receive in digital format in your personal profile (which you can print at your trusted copy shop) a "Certificate" of a private nature from Musatalent that certifies the technical skills acquired described in the video course purchased, the exam fee to be paid allows you to access the online exam and receive the "Certificate". If you purchase the complete packages of video courses with the name of "The Best" including the described combinations of more formations, the certificate issued will certify the complete figure (example: in "Make-up Artist advanced level") expert in all techniques included and described in the box and not only of the technique as reserved for the purchase of individual video-courses. If the package with DVD is purchased, a certificate of participation in the course will be included (see section “the Method”).
7.2 EXAM TEST METHOD
Taking the online exam test, which can be taken 3 times, allows you to obtain the "Certificate" (as described above), if you do not pass the 3 tests, you can only buy the exam.
8.1 The contract between Musatalent Academy and the Customer is concluded through the Internet by accessing the Customer at www.musatalent.it/com, where, following the procedures indicated, the Customer will formalize the purchase proposal. of the goods referred to in points 1.1 and 1.2 of the previous article 1.
8.2 The purchase contract is concluded by completing the following procedure, available only in Italian or foreign language, which can always be corrected, modified and canceled, up to the time the order is sent:
● by accessing the website www.musatalent.it/com, the Customer, after registering for the purchase, must add the desired products to the cart, complete all subsequent pages, following the instructions, and electronically transmit the page with all personal data and the purchase order;
● the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and the relative price (including VAT), the type of payment chosen for the purchase, the conditions for the delivery of products and / or access to training services, the contributions required for delivery and transport as well as references to the general terms and conditions for the return of products purchased online;
● before proceeding with sending the order, the Customer will be asked to identify and correct any possible errors that occurred during the compilation of the fields and to carefully read the general terms and conditions governing the sale and purchase, to print a copy thereof using the print option and to save or request a copy for personal use;
● an order will be deemed sent when Musatalent Academy receives the order proposal electronically and the information relating to the order has been preliminarily verified as correct.
8.3 The order sent by the Customer will be binding for Musatalent Academy only if the entire order procedure has been completed regularly and correctly, without any error messages being highlighted by the website, and after being sent by Musatalent Academy to the customer of an order confirmation email. The email contains the details of the Customer and the order, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased, the chosen means of payment, transport costs, applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to Musatalent Academy at the addresses indicated above.
8.4 By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept these general conditions of sale. By placing the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due pursuant to these general conditions of sale.
8.5 The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
8.6 Musatalent Academy may not take charge and process the order if there are insufficient guarantees of payment solvency, if the orders are incomplete or incorrect, or if the products are no longer available. In the above cases, the Customer will be informed by e-mail that the contract has not been executed and that Musatalent Academy has not confirmed the purchase order specifying the reasons.
8.7 The contract stipulated between Musatalent Academy and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Musatalent Academy. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way.
8.8 Pursuant to art. 12 of Legislative Decree 70 of 2003, Musatalent Academy informs the Customer that each order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer can at any time request a copy from Musatalent Academy.
The Customer declares to be aware that, although the content of the video courses and related documentation has been checked as far as possible, no claim can be made towards Musatalent Academy in the event that the information contained in such documentation is incorrect or obsolete. . The Customer therefore exempts Musatalent Academy (Musatalent brand) from any liability, including towards third parties, deriving from the use of such information. Musatalent Academy (Musatalent) reserves the right to make any changes and updates to the course contents, to better follow the constant evolution and continuous updating of the market
10. FEES, BILLING AND PAYMENTS
10.1 Any payment by the Customer can only be made by means of one of the methods indicated on the website www.musatalent.it/com. Credit cards from major international circuits and prepaid and rechargeable cards issued by banking institutions in Italy are accepted:
PAYPAL (Postepay, Visa, Maestro, MasterCard, American Express, Discover, Aura)
10.2 For payments made by PayPal, the actual amount of the order will be charged only when it is complete and ready for shipment or for the confirmation of purchase of the video course. If the unavailability of a product is detected after the registration of the order and the reservation of the amount on the card, Musatalent Academy will take the necessary measures with the payment operator to cancel the transaction relating to the unavailable goods.
10.3 All orders, before being processed, are subjected to authenticity checks directly by the relative credit card issuers, to protect the customer. If, for any reason, it is not possible to debit the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 cc The Customer will be informed by e-mail communication.
10.4 The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
11.1 The sales prices displayed on the website www.musatalebt.it/com are inclusive of VAT and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email, without considering price increases or decreases, even for promotions, which may have occurred subsequently.
11.2 The shipping costs, charged to the customer for orders referring to products of less than € 60,00, are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the execution. of the payment.
11.3 The issuance of the invoice is not mandatory, if it is not requested by the Customer no later than the time of carrying out the operation, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. Sending the order to Musatalent Academy. the Customer agrees to receive the invoice / receipt in electronic format. The Customer can receive the invoice / receipt in paper format by making an express request to Musatalent Academy. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
12 AVAILABILITY OF PRODUCTS
12.1 The availability of the products refers to the moment in which the Customer consults the product data sheets; this must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to others before the order is confirmed. In any case, no responsibility can be attributed to Musatalent Academy in the event of unavailability of one or more products.
12.2 Musatalent Academy will in no way be responsible for the temporary or permanent unavailability of one or more products. The site highlights the cases in which limitations on the purchase of individual products apply. In the event of unavailability, even temporary, of the requested products, Musatalent Academy undertakes not to charge the Customer the corresponding price. If the order has been sent and the price has already been paid for the items that are no longer available, Musatalent Academy will refund the Customer for the full amount paid in full for those items.
12.3 Even after sending the order confirmation email by Musatalent Academy, there may be cases of partial or total unavailability of the goods. In this case, the Customer will be promptly informed by written communication or by email and will be able to decide whether to accept the delivery of only the products available, obtaining a refund for those unavailable or whether to request the cancellation of the order, with consequent reimbursement of any amounts already paid, communicating it via e-mail to Musatalent Academy.
12.4 For the eventuality referred to in the previous point, the Customer can choose, at the time of sending the order, whether to accept a supply other than that agreed, of the same value.
13. METHOD OF DELIVERY
13.1 Musatalent Academy will deliver the products selected and purchased by express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary email referred to in point 7.3.
13.2 Orders will be processed as soon as they are received. Musatalent Academy undertakes to deliver the products as quickly as possible and in any case within 30 days from the date of conclusion of the contract.
13.3 The total amount of the expenses will be visible before proceeding with the confirmation of the purchase.
13.4 The shipped goods will be checked and delivered to the forwarder intact and without defects. Musatalent Academy cannot be held responsible in any way for any delays or damage attributable to the fault of the shipper.
13.5 The ordered goods depend exclusively on the will of the Customer. If it is refused, Musatalent Academy will charge the Customer for the round trip transport costs.
14.1 Musatalent Academy assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
14.2 Musatalent Academy will also not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to the same, and unless they depend on the fact or omission of Musatalent Academy, since the Customer is only entitled full refund of the price paid and any accessory charges incurred.
14.3 Musatalent Academy cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained on the site, if they have been communicated by third parties and have been verified by Musatalent Academy according to the criteria of ordinary diligence .
14.4 Musatalent Academy assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
15. RIGHT OF WITHDRAWAL FOR PRODUCTS
15.1 The Customer has the right to withdraw only and exclusively for the products purchased and not for the training services that are considered purchased and consumed directly on site (for the type of service provided online at the moment of activation of the "reserved area") , without any penalty and without specifying the reason, within fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term starts from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
15.2 To exercise the right of withdrawal, the Customer is required to inform Musatalent Academy di Carmelo Vecchio, with registered office in via Alessandro Valignani 23 - 65126 Pescara (Pe) Italy or by e-mail [email protected] , of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail). To this end, you can use the model withdrawal form provided for in Annex I part B of Legislative Decree 21-2-2014 n. 21, with the following content:
- Recipient: Musatalent Academy of Carmelo Vecchio, with registered office in via Alessandro Valignani 23 - 65126 Pescara (Pe) Italy or by e-mail [email protected] :
Hereby, the undersigned __________ notifies the withdrawal from the purchase contract of the following goods: [insert a description of the products purchased], ordered on _________ (or received on __________)
- Name, Surname, Customer address of the consumer (s)
- Client's signature (only if the form is notified in paper version)
15.3 To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
15.4 If the Customer withdraws from this contract, he will be reimbursed for all payments he has made in favor of Musatalent Academy, including delivery costs (with the exception of additional costs deriving from his possible choice of a type of delivery other than the least expensive type standard delivery offered by Musatalent Academy), without undue delay and in any case no later than fourteen days from the day Musatalent Academy was informed of the decision to withdraw from this contract. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this reimbursement. This is without prejudice to the right of Musatalent Academy to withhold the refund until it has received the goods or until the Customer has demonstrated that he has returned the goods, whichever occurs first.
15.5 In case of exercise of the right of withdrawal, the Customer returns the goods or delivers them to Musatalent Academy of Carmelo Vecchio, with registered office in via Alessandro Valignani 23 - 65126 Pescara (Pe) Italy, without undue delay and in any case within fourteen days. from the date on which Musatalent Academy communicated its decision to withdraw from the contract. The direct cost of returning the goods remains charged to the customer.
15.6 The Customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
15.7 If the right of withdrawal is exercised, Musatalent Academy will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
16. WARRANTY AND METHOD OF ASSISTANCE
16.1 Musatalent Academy markets high quality products. In any case, we remind you that the legal guarantee of conformity for the goods is required by law to protect the customer. In case of receipt of products that do not comply with the sales contract, pursuant to art. 129 and ss. of the Consumer Code, the Customer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
16.2 In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect. of compliance.
16.3 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for Musatalent Academy pursuant to art. 130, paragraph 4, of the Consumer Code.
16.4 The request must be sent in writing, by registered letter with return receipt, to Musatalent Academy of Carmelo Vecchio, with registered office in via Alessandro Valignani 23 - 65126 Pescara (Pe) - Italy which will indicate its willingness to proceed with the request , or the reasons that prevent you from doing so, within seven working days of receipt. In the same communication, if the Customer's request has been accepted, Musatalent Academy must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
16.5 If the repair and replacement are impossible or excessively expensive, or Musatalent Academy has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Customer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Customer must send his request to Musatalent Academy, which will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.
16.6 In the same communication, if the Customer's request has been accepted, Musatalent Academy must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Customer's responsibility to indicate how to re-credit the amounts previously paid to Musatalent Academy.
16.7 The Customer undertakes to pay the price of the purchased goods within the times and methods indicated in these General Conditions of Sale.
16.8 The Customer undertakes, once the online purchase procedure has been completed, to print and keep these Terms and Conditions of Sale, which will have already been expressly accepted before the conclusion of the procedure.
16.9 The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false, and / or invented, and / or fictional data. The Customer relieves Musatalent Academy from any liability deriving from the issue of incorrect tax documents due to inaccurate data provided by the same.
This contract is regulated by the Italian law. For any dispute that may arise in relation to it, the Court of Pescara will have exclusive jurisdiction.
18. GENERAL PROVISIONS
These General Conditions prevail over any non-conforming provision and condition contained in the Customer's order for the purchase of the Courses and products, and over any other verbal or written agreement previously entered into between the parties, without prejudice to the introduction of an express exception in agreement.
19. ACCEPTANCE OF THE TERMS OF SALE
The payment of the sums in addition to constituting the purchase of the video course and the product, confirms that you have read and accepted without reservation all the points described here and that will be confirmed by sending the "order" by visual message, email and / or fax. of purchase "to follow.