Given that
International Projects Development srl, with registered office in Strada di Cà Balbi 22S, 36100 Vicenza, is a Coaching and Training company with assistance, training and education services on procedures, activities, figures, processes and documents. Through the website you are browsing https://www.resopt.it/ (hereinafter, the " Site "), it is possible to purchase Training Products (as defined below), as well as merchandising, under the RESOPT®.
These Conditions are intended to define the terms of use of the Site and the conditions of purchase and supply of the Training Products, through a binding agreement between RESOPT and the User.
By purchasing the Training Products on the Site, the User declares to have read and accepted without reservation the current version of these Conditions.
Art. 1) Premises.
The Premises form an integral part of this Agreement.
Art. 2) Definitions.
The following terms are defined under this Agreement:
- Consumer Code = Legislative Decree no. 206 of 6 September 2005 and subsequent amendments which regulates purchasing and consumption processes in order to ensure a high level of consumer protection;
- Conditions = these general conditions for the purchase, provision and use of the Training Products;
- Consumer = the User who qualifies as a consumer pursuant to and for the purposes of the art. 3 of the Consumer Code;
- Contract = the legal relationship established between the Parties following the purchase of one or more Training Products;
- Personal Data = information relating to an identified or identifiable natural person pursuant to the provisions of the art. 4, par. 1) of EU Regulation 2016/679 (hereinafter, “GDPR”);
- Live Events = all meetings organized in a specific physical or virtual location (live streaming or similar), in which RESOPT provides frontal lessons or coaching to a User or a group of Users, either for a fee or free of charge;
- Meeting = within the "Satisfied or Satisfied" clause, the meeting to clarify any doubts that the User may have, once the path has been completed
- Sales Page = the section of the Site explaining the contents and characteristics of the chosen Training Product;
- Parties = RESOPT and the User, jointly identified;
- Training Products = video courses, webinars, seminars, masters, workshops, e-books, memberships, podcasts, classroom courses, Live Events and, in general, training products and services, developed, organized and managed by RESOPT and marketed through the site;
- RESOPT or Company = the brand name “Resopt” or its user the company International Projects Development srl
- User = the natural or legal person who purchases the Training Products through the Site.
Art. 3) Object of the Contract
These Conditions regulate the methods of purchase, provision and use of the Training Products by the User.
The Training Products marketed by RESOPT can be provided:
- through the Site and linked pages;
- live, such as courses, lessons and training events.
All Training Products provided through the Site can be downloaded at the time of payment, and specifically once the completion of the payment transaction has been certified.
In cases where the Training Products purchased on the Site consist of Live Events, the same conditions will apply to the purchase made by the User as in the case of the purchase of training products via the Site.
The Training Products can be combined with coaching sessions - which can also be sold separately - carried out by selected RESOPT collaborators with consolidated experience in the relevant sector. Coaching sessions are considered, for the purposes of these Conditions, Live Events and the same conditions as above will apply to them.
Art. 4) Purchase procedure on the Site
To purchase the Training Products on the Site, the User must select the chosen product and follow the purchase procedure set up on the Site, accepting these Conditions and the RESOPT Privacy Policy in point and click mode.
In compliance with sector regulations on electronic commerce (Legislative Decree no. 70/2003), the Contract is considered concluded when the order form reaches the RESOPT server.
Once the order form has been received and registered, RESOPT will send an order confirmation to the email address indicated by the User.
The order confirmation email constitutes confirmation of the Contract concluded on a durable medium pursuant to the Consumer Code (art. 51.7). The User acknowledges and acknowledges that, once received such email, RESOPT has fulfilled its documentation obligations and that, therefore, the User is bound by the Contract.
The order form will be archived in the RESOPT database for the time necessary for its execution and, in any case, within the terms of the law.
Once the purchase has been made, RESOPT will provide, based on the product purchased:
- to make the purchased Training Products accessible/downloadable; and/or
- to communicate the entry methods for Live Events; and/or
- to put the User in contact with the coach to arrange coaching sessions.
Art. 5) Prices and payment methods
The sales cost of the Training Products is indicated on the Site and, unless otherwise specified, is paid by the User at the time of purchase through the Site, in the currency in which they were charged.
The sales price of the Training Products displayed on the Site is the latest price established by RESOPT.
RESOPT has the right to change the price of the Training Products at any time, it being understood that the price charged to the User will be that indicated on the Site at the time of purchase.
RESOPT may propose, for a pre-established period of time, promotions and offers for the Training Products marketed on the Site.
With reference to the purchase of Training Products, the price paid does not include travel costs, main meals and any overnight stays, except in cases where this eventuality is explicitly indicated on the Product Page or in any case in the offer.
In case of payment by credit card, Apple Pay or PayPal, RESOPT does not retain or store the payment data in any way, which will therefore be exclusively requested by the relevant portal.
In case of payment by bank transfer, RESOPT will process the order only after receiving evidence of the crediting of the same to your current account.
The invoice or receipt certifying payment will be issued following actual payment and will be sent, if requested, by e-mail to the e-mail address provided by the User at the time of purchase, after indicating the order number and related tax data.
Art. 6) Physical and/or virtual live events
With reference to both physical and virtual Live Events, for organizational needs of various kinds and/or for the purpose of the success of the in-depth training meetings, the date, location and method of carrying out the same may vary and be modified by the organizers .
The methods of carrying out the Live Events will be determined by RESOPT, and in particular, if the Live Event is planned to be held only in person, the User will not have the opportunity to participate via video conference connection.
For proven just cause (illness, serious impediment of force majeure, etc.), the User may also postpone the attendance of a meeting, for which he has confirmed his presence, to a later date, provided that he gives notice by maximum term of 5 days from the date. The User may, alternatively, transfer his participation to another person identified by him, subject to written authorization from RESOPT.
In case of late communication of postponement or absence of the User, RESOPT reserves the right to charge the User's out-of-pocket participation costs.
The Contract is intended to be terminated by law pursuant to art. 1456 cc in the event that the User, during the RESOPT Live Events, is caught:
- to promote network marketing companies;
- to promote and/or sell products not attributable to RESOPT;
- to recruit members and investors for businesses not attributable to RESOPT.
With the legal termination of the Contract following the occurrence of one of the eventualities described above, the User will not be entitled to any refund of the price paid, and RESOPT's right to request compensation for any further damages remains unaffected.
Art. 7) Coaching sessions
The coaching sessions are agreed periodically between the coach and the User and can have a duration chosen from the following:
- 30 minutes;
- 1 no;
- 1 hour and 30 minutes
- 2 ore.
If the User is unable to participate in the coaching session, he or she is required to notify the coach at least 5 (five) days in advance.
In case of communication of impossibility of participation later than the 5-day notice from the agreed date, a penalty commensurate with:
- 30 minutes for the 30 minute Coaching session;
- 30 minutes for the 1 hour Coaching session;
- 30 minutes for the 1 hour and 30 minute coaching session;
- 1 hour for the 2 hour Coaching session.
In case of communication of impossibility to participate made the day before or on the same day agreed for the coaching session, the entire Coaching session purchased by the User will be deducted.
Art. 8) Withdrawal
In relation to Coaching sessions, the User has the right to withdraw from the Contract for any reason and without the need to provide explanations within 14 days from the date of purchase of the aforementioned, unless the user has already started to use the Coaching sessions purchased.
Nel caso in cui l’Utente intenda esercitare il diritto di recesso libero, dovrà compilare ed inviare il modulo tipo di recesso disponibile al seguente link o qualsiasi altra dichiarazione esplicita della sua decisione di recedere dal relativo Contratto all’indirizzo e-mail:
With regard to training products that can be used immediately, specifically by downloading files: as required by art. 59 of the Consumer Code - section II - point 13, we expressly point out the inapplicability of the right of withdrawal in this case.
By accepting this contract, the User expressly accepts and signs this clause as well.
To satisfy the User's needs and provide an adequate service, the "Satisfied or Satisfied" GUARANTEE is added: once the training Product purchased by the User has been completed, in the event that there have been difficulties in interpreting the contents, RESOPT is available to meet the user for clarification of the case. The meeting can take place online or in person, as well as in a group or individually, and the method will be established from time to time for each individual case. RESOPT will communicate, within a reasonable time, the methods and place for carrying out the Meeting. RESOPT reserves the right to verify, before applying the said guarantee, that the user has actually completed the training course for which he requests the use of the guarantee, via a questionnaire or other verification methods decided from time to time.
Art. 9) Intellectual Property Rights and Exemption from Liability
All rights are reserved by law. No part of the products may be reproduced by any means without the written permission of RESOPT. It is expressly prohibited to transmit the contents of the Training Products to others, by way of example and without limitation, neither in paper nor electronic format, nor for money or free of charge.
The User undertakes not to use the Site or the Training Products in any way for purposes other than those indicated in these Conditions.
The strategies reported in the Training Products are the result of years of studies and specializations, therefore the achievement of the same personal or professional growth results is not guaranteed. The reader assumes full responsibility for their choices, aware of the risks associated with any form of investment and/or action. The Educational Products are for educational purposes only.
Art. 10) Limitation of compensation
The User expressly approves that any compensation requested from RESOPT is limited to the refund of the price paid for the chosen Training Product in relation to cases in which the right of withdrawal is provided for, as specified in article 8 of this Contract. As a result, higher amounts cannot be requested for any patrimonial, economic or physical damage.
Art. 11) Confidentiality and non-competition agreement
The teaching and training material relating to the chosen program is the exclusive property of RESOPT; therefore, it cannot be used by the User for purposes other than direct use for personal training purposes. The User undertakes not to disclose, even free of charge and/or non-commercial, educational materials and information, including methods and processes, of which he/she has come into possession or knowledge from RESOPT, not to make audio-video recordings on any digital or physical support, and not to participate, in an associated and/or organized form, in the purchase of the Training Products in order to obtain undue financial and/or personal advantages.
The User also undertakes not to use any transcriptions, annotations or any material in paper format reporting the content of the Training Products for purposes other than personal training, and not to carry out or have third parties carry out, even through the incorporation of companies, courses or seminars in direct or indirect competition with the activities carried out by RESOPT. The ban is valid for 7 (seven) years following the signing of this contract and limited to the entire Italian territory (including the Vatican State and the Republic of San Marino) and Europe (including Switzerland and the Principality of Monaco).
When purchasing a Training Product, the User has the obligation to report to RESOPT whether he has carried out or is carrying out, directly or on behalf of other entities, activities in competition with the same. In the event of violation of even just one of the provisions set out in this article, the User hereby undertakes to pay the sum of €100,000 (one hundred thousand euros/00) as a penalty, without prejudice to compensation for any greater damages .
Any reuse of the RESOPT training products for educational and/or economic purposes may possibly be discussed by the User with RESOPT, and the actual use by the User must be expressly approved in writing by RESOPT, also in light of the payment of any Royalties by the User.
Art. 12) Assignment of the Contract
RESOPT has the right to transfer this Contract to third parties, natural or legal, at any time, by informing the User by sending a communication via email.
Art. 13) Processing of Personal Data
I Dati Personali dell’Utente saranno trattati da RESOPT in conformità a quanto previsto dal GDPR. Maggiori informazioni sul trattamento dei Dati Personali dell’Utente sono rinvenibili all’interno della Privacy Policy di RESOPT di cui al presente link.
Art. 14) Resolution
RESOPT will have the right to resolve pursuant to art. 1456 cc the Contract in all cases of violation of articles 5 (Prices and payment methods), 6 (Physical and/or virtual Live Events), 7 (Coaching Sessions) and 9 (Intellectual Property Rights and Exemption of Liability ).
In any case, with the termination of the Contract, RESOPT will be entitled to retain the amounts already received in any capacity from the User, without prejudice to the Company's right to compensation for any greater damage.
Art. 15) Communications
For necessary communications of any nature, the User can directly use certain functions present within the Site or contact RESOPT at the following e-mail address:
Art. 16) Modification of the Conditions
RESOPT reserves the right, at any time, to modify these Conditions by giving, where possible, notice to the User with 30 (thirty) days' notice from the date of the variation.
The Conditions, fees and characteristics of the Training Products, updated with the latest changes, are always available on the Site.
Art. 17) Interpretation
The Contract, as regulated by these Conditions, represents the only agreement in force between the Parties relating to everything in question and fully replaces any other previous agreement, written, oral or tacit between the Parties relating to the same object.
In the event that one or more provisions of these Conditions are found to be void, voidable or inapplicable, the Contract will remain valid and will remain in force between the Parties in relation to all remaining provisions.
Any specific conditions negotiated and formalized in writing between the User and RESOPT prevail over these Conditions.
Art. 18) Contract concluded online
In accordance with industry practice for the stipulation of online contracts, the User has had the opportunity to carefully read and archive these Conditions on a durable medium. In particular, the User has been expressly made aware of the conditions highlighted by RESOPT in articles 5 (Prices and payment methods), 6 (Physical and/or virtual live events), 7 (Coaching sessions), 8 ( Withdrawal), 9 (Intellectual Property Rights and Exemption of Liability), 10 (Limitation of compensation), 11 (Confidentiality and non-competition agreement), 12 (Assignment of the contract), 14 (Termination) and 19 (Applicable law, Court Competent and Alternative Dispute Resolution).
The applicability of the regulations referred to in articles 1341 and 1342 of the Civil Code is therefore excluded.
Art. 19) Applicable law, Competent Court and Alternative Dispute Resolution
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and resolution between the contracts stipulated online by the User qualifying as a Consumer, will be the exclusive jurisdiction of the Court of the judge of the Consumer's place of residence (so-called consumer court).
In the event that the User does not qualify as a Consumer, jurisdiction is exclusively delegated to the Court of Vicenza.
Pursuant to art. 141-sexies, paragraph 3, of the Consumer Code, RESOPT informs the Consumer that, in the event that he has submitted a complaint following which, however, it has not been possible to resolve the dispute that has arisen, RESOPT will provide him with information regarding the the body or bodies for the alternative and extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these Conditions (so-called ADR Bodies, as indicated in articles 141-bis et seq. of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
RESOPT informa inoltre il Consumatore che è stata istituita una piattaforma europea per la risoluzione online delle controversie dei consumatori (c.d. piattaforma ODR). La piattaforma ODR è accessibile al seguente indirizzo http://ec.europa.eu/consumers/odr/.
Through the ODR platform, the Consumer will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
Il Consumatore che risiede in uno stato membro dell’Unione Europea diverso dall’Italia può inoltre accedere, per ogni controversia relativa all’applicazione, esecuzione e interpretazione delle presenti Condizioni, al procedimento europeo istituito per le controversie di modesta entità, dal Regolamento (CE) n. 861/2007 del Consiglio, dell’11 luglio 2007, a condizione che il valore della controversia non ecceda, esclusi gli interessi, i diritti e le spese, euro 2.000,00. Il testo del regolamento è reperibile sul sito www.eur-lex.europa.eu.
In any case, the rights of Consumers to appeal to the competent ordinary judge for the dispute deriving from these Conditions or from the Contract, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote a extrajudicial resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.
