fresh foundation

Terms and Conditions of Purchase

GENERAL CONTRACT CONDITIONS

  1. Definitions

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set forth below:

  1. Contract: the contract entered into in accordance with Section 3.1, together with these General Terms and Conditions and the electronic order submitted by the Customer;
  2. Client: the party requesting the provision of one or more Training Services, identified as specified in the relevant electronic order;
  3. Fresh Foundation: Fondazione Fresh (P. IVA e C.F. 01209030334), headquarters Via Provinciale Cotignola 17 – Lugo (RA) – 48022;
  4. Training Services: the training services provided by Fondazione Fresh to the Customer, specifically the In-Person and/or Digital/Web Training Service and the E-learning Training Service;
  5. Website: the website ffresh.it.
  1. Scope of Application

2.1 These General Terms and Conditions apply to all contracts relating to Training Services entered into between Fondazione Fresh and any Customer who purchases Training Services through the Website.

2.2 The purchase of Training Services through the Website is permitted both to Customers who qualify as consumers and to Customers who do not qualify as such. Consumer Customers are defined as natural persons who purchase Training Services for purposes unrelated to any business or professional activity they may carry out. The entry of a VAT number by the Customer during the purchase process shall be considered a declaration by the Customer that they intend to purchase the Training Services for purposes related to their professional or business activity, with the consequence that the Customer shall not be considered a consumer for legal purposes but a professional Customer. Purchases made by Professional Customers shall be governed by the provisions of these General Terms and Conditions, with the exception of those provisions specifically indicated as applicable to Consumer Customers.

2.3 The Customer is required to carefully read these General Terms and Conditions, which may be saved and reproduced, as well as all other information provided by Fondazione Fresh on the Website, both before and during the purchase process.

2.4 The General Terms and Conditions applicable to each Contract are those in effect as of the date the Customer submits the order. Fondazione Fresh may amend them unilaterally at any time. Any amendments and/or new terms and conditions will take effect upon their publication on the Website.

  1. Conclusion of the Contract

3.1 The Contract is deemed to be concluded upon completion of the following procedure:

  1. the Customer fills out the electronic order form by following the instructions provided on the Website. Before submitting the order form, the Customer may identify and correct any data entry errors by following the instructions provided on the Website at each stage of the purchase process; a summary page will appear showing the Training Services ordered, their prices, and the payment methods available for the purchase; the Customer must also review and accept the General Terms and Conditions of Contract;
  2. the Customer submits the order to Fondazione Fresh by clicking the “Buy Now” button;
  3. upon receipt of the order, Fondazione Fresh will send the Customer an email confirming the order (“Order Confirmation”) to the email address provided during the ordering process. The Order Confirmation will contain information regarding the essential characteristics of the purchased Training Service, the price, the payment method used, the procedures for exercising the right of withdrawal (where applicable), and any possibility of cancellation and the relevant deadline. The Customer is advised to keep the email received as proof of purchase or to save it on a durable medium.

3.2 Upon transmission of the Order Confirmation, the Contract shall be deemed concluded, and the Customer unconditionally accepts and agrees to comply with the General Terms and Conditions.

3.3 The Customer may withdraw from the Contract by providing written notice at least 5 (five) business days prior to the scheduled date of the training event, either through the procedure indicated on the Website or by sending a notice to info@ffresh.it . In such a case, Fondazione Fresh will refund the registration fee already paid to the Customer via the payment method previously used by the Customer for the purchase, unless otherwise agreed with the Customer. If the cancellation is received after the aforementioned deadline, or if the Customer fails to attend the course, the registration fee paid by the Customer will be retained in full.

  1. Registering on the Website and Creating an Account

4.1 In order to purchase the Training Services, the Customer may register on the Website and create an account in accordance with the instructions provided on the Website.

4.2 Registration to the Website is free of charge. To register, the Customer must complete the registration form, providing their first name, last name, an email address, and a password (“Registration Credentials”). Registration is confirmed via an email sent to the address provided by the Customer. The Customer is responsible for ensuring that the information provided is complete and accurate and that it is kept up to date at all times.

4.3 Registration Credentials must be used exclusively by the Customer and may not be transferred to third parties. The Customer must keep their Registration Credentials confidential and notify Fondazione Fresh immediately if they suspect any unauthorized use of such credentials. The Customer may change their Registration Credentials at any time by accessing the “My Account” section on the Website.

4.4 Any activity associated with the Customer’s account and/or performed using the Customer’s Registration Credentials is deemed to have been performed by the Customer and is the Customer’s responsibility.

4.5 By accessing the “My Account” section of the Website, the Customer can view the status of their order online and review their order history, manage their personal profile information, update their billing address, and modify and manage their preferences and privacy consents.

4.6 In the event of a violation of the provisions set forth in this article, Fondazione Fresh reserves the right to take all necessary measures to remedy the irregularities, including suspending access to the Website, deleting the Customer’s account, or refusing or canceling orders.

4.7 The Customer may cancel their registration on the Website at any time by following the procedure outlined on the Website or by sending an email to info@ffresh.it.

  1. Registration Fee – Payment

5.1 The registration fee for the Training Services is listed on the Website. In the event that different registration fees and/or discounts apply depending on the Customer’s category (for example, university students, professionals registered with the relevant professional association), Fondazione Fresh reserves the right to request proof of the Customer’s membership in such a category upon entry to the in-person training event, upon accessing the digital/web training event, or prior to sending login credentials in the case of an e-learning Training Service (for example, by presenting a university ID card or a professional association membership card). In the event of failure to present proof of membership, the Customer will be required to pay the maximum registration fee for that training event or will be unable to participate (access will be denied in the case of an in-person training event, or their login credentials will be deactivated in the case of a digital/web or e-learning training event), without the Customer being entitled to any refund, compensation, or indemnity of any kind.

5.2 Fondazione Fresh reserves the right to change the registration fee at any time; however, the amount charged to the Customer will be the amount indicated on the Website at the time the order is submitted, and any changes (whether increases or decreases) made after the order is submitted will not be taken into account.

5.3 In the event of a manual, technical, or any other type of system error that results in a substantial change to the registration fees listed on the Website, rendering such fees exorbitant or clearly negligible, Fondazione Fresh has the right to terminate the relevant Contract. In such an event, Fondazione Fresh shall, within 14 days of the termination date, refund to the Customer any amount paid by the Customer in connection with the terminated Contract.

5.4 The Customer makes payment using the payment methods listed on the Website, without incurring any costs in addition to those actually incurred by Fondazione Fresh in connection with the chosen payment method. Payment is made via PayPal by redirecting to the PayPal website, where the Customer can complete the payment process by entering their email address and PayPal password. The Customer’s financial data is managed directly by PayPal and is not shared with Fondazione Fresh, which, therefore, does not have access to it.

  1. Delivery Method for the Training Service – Cancellation

6.1 The In-Person Training Service is organized at a physical location (such as a conference room, lecture hall, trade show, etc.) and delivered at that physical location, with the organizational responsibilities borne by Fondazione Fresh.

6.2 In order to provide the Digital/Web or E-learning Training Service, Fondazione Fresh will send the Customer login credentials, which the Customer may use to access the platform and activate the specific Training Service in accordance with the procedures set forth in the relevant notice and in these General Terms and Conditions.

6.3 The Customer agrees to safeguard and keep confidential, with the utmost care and diligence, their login credentials. The Customer is prohibited from transferring their login credentials to third parties for any reason whatsoever, or from otherwise allowing third parties access to the Digital/Web Training Service or the E-learning Training Service. In the event of loss of the login credentials, the Customer must immediately notify Fondazione Fresh in writing to allow for their prompt deactivation and replacement, by sending a notice to info@ffresh.it.

6.4 The E-learning Training Service will be available to the Customer for the period specified in the relevant Contract and, in any case, for a period not exceeding 12 (twelve) months from the date of the notification by which Fondazione Fresh provided the Customer with the login credentials. Upon expiration of the term, the provision of the E-learning Service will automatically cease, without the need for further notice, even if the Customer has not used it or has used it only partially.

6.5 Fondazione Fresh reserves the right, due to unforeseen logistical and/or organizational requirements, to make changes to the Training Services regarding the program and/or instructors and/or dates and/or locations and/or platforms and/or delivery methods (replacing in-person sessions with digital/web-based sessions and vice versa, or Digital/Web mode with E-learning mode and vice versa), with the sole obligation to notify the Customer in writing at the email address provided at the time of ordering with 5 (five) days’ notice, without this entailing any change in the registration fee or entitling the Customer to any refund, compensation, or indemnity, for any reason whatsoever.

6.6 Notwithstanding the foregoing, should force majeure or events beyond the control of Fondazione Fresh and in no way foreseeable (including, but not limited to, the sudden unavailability of the instructor due to illness, the inability to reach the conference venue, bereavements, the sudden unavailability of the conference facility, adverse weather conditions, strikes, restrictions imposed by authorities, pandemics, etc.), making it impossible to carry out the Training Service as scheduled, Fondazione Fresh shall have the right to cancel or postpone the Training Service even without prior notice. In the event of a postponement of the Training Service pursuant to this article, if the Client does not intend to or can no longer participate, Fondazione Fresh’s liability shall be limited to refunding the Customer the registration fee already paid (if the day in question is part of a multi-day training program, the amount will be recalculated proportionally), excluding the Customer’s right to any compensation or indemnity, for any reason whatsoever.

6.7 In the event of cancellation of the Training Service for any reason, Fondazione Fresh’s liability shall be limited to refunding the Customer the registration fee already paid, excluding the Customer’s right to any compensation or indemnity, for any reason whatsoever. The refund amount will be credited to the Customer within 30 (thirty) business days from the date of the canceled Training Service, using the payment method previously used for the purchase, unless otherwise agreed upon with the Customer.

6.8 If the Training Service is to be provided both in-person and via Digital/Web, and if the in-person event is canceled but the Training Service can be provided via Digital/Web, the Customer enrolled in the in-person Training Service will be automatically enrolled in the Digital/Web Training Service and will receive written notification to that effect at the email address provided during the ordering process, without this resulting in any change to the registration fee or entitlement to a refund of the amount paid by the Customer.

6.9 Failure to use the purchased Training Service for reasons other than cancellation by Fondazione Fresh shall not give rise to any obligation on the part of Fondazione Fresh to issue a refund.

  1. Interruptions and Malfunctions of the Digital/Web or E-learning Training Service

7.1 Fondazione Fresh undertakes to provide the Digital/Web Training or E-learning Service in a continuous and efficient manner. It is understood that Fondazione Fresh shall in no way be held liable for any malfunctions or interruptions of the Digital/Web or E-learning Training Service, whether total and/or partial, temporary and/or permanent, arising from any cause not attributable to Fondazione Fresh, including, by way of example only:

  1. malfunctions of the training platform caused, in general, by: (i) willful or negligent conduct on the part of the Customer, including, but not limited to, failure to update software or failure to accept pop-ups necessary for the proper functioning of the platform; (ii) failures and/or malfunctions of equipment, installations, hardware, and/or systems of any kind owned by the Customer or used by the Customer;
  2. suspension and/or interruption of the internet connection service by the provider;
  3. network and/or server failures due to unforeseeable circumstances or force majeure;
  4. hacker attacks and/or IT service breaches.

7.2 In the event of justified security concerns and/or confidentiality issues, Fondazione Fresh reserves the right to suspend the provision of the Digital/Web Training or E-learning Service, notifying the Customer in writing or by telephone, without this constituting a breach of the Contract by Fondazione Fresh or entitling the Customer to any compensation or indemnity.

7.3 The Customer acknowledges and agrees that access to the E-learning Training Service may be interrupted due to maintenance work on the platform performed by Fondazione Fresh, without this constituting a breach of the Contract by Fondazione Fresh or entitling the Customer to any compensation or indemnity.

  1. Credits and Certifications

8.1 Participation in Training Services may allow the Client to earn continuing education credits in accordance with the provisions of the relevant professional associations and/or applicable regulations, as further detailed in the presentation materials for the relevant Training Service.

8.2 Fondazione Fresh assumes no responsibility in the event that continuing education credits are not recognized for courses accredited by professional associations.

  1. Right of Withdrawal for Consumer Customers

9.1 The Customer—solely and exclusively if the Customer qualifies as a consumer within the meaning and for the purposes of Legislative Decree No. 206/2005 (Consumer Code) and subsequent amendments and additions—has the right to withdraw from the Contract, without having to specify a reason, within 14 (fourteen) days from the date of conclusion of the Contract. It is understood that the right of withdrawal may no longer be exercised once the provision of the relevant Training Service has begun. In particular, in the case of a Contract relating to the provision of Digital/Web or E-learning Training Services, the right of withdrawal may no longer be exercised once the Customer has received the communication from Fondazione Fresh containing the login credentials.

9.2 The right of withdrawal must be exercised within the aforementioned period by means of a written notice, which may be sent via:

  • Certified Email to the address: fondazionefresh@legalmail.it
  • registered mail to be sent to the following address: Via Provinciale Cotignola 17 – 48022 Lugo (RA), Italy

9.3 Following the Customer’s withdrawal, exercised in accordance with the terms set forth above, Fondazione Fresh will refund any amounts paid by the Customer within 30 (thirty) days of receiving the withdrawal request, using the same payment method previously used for the purchase, unless otherwise agreed with the Customer.

  1. Intellectual Property

10.1 The intellectual property rights relating to the content, educational materials (both digital and non-digital), and programs that Fondazione Fresh makes available to the Customer in connection with the provision of one or more Training Services—including any supporting materials and documentation—remain the full and exclusive property of Fondazione Fresh and/or the rightful owners, with the Customer having only the right to use them for a limited period, under the terms and conditions set forth in the Contract.

10.2 The Customer agrees not to copy, reproduce, permanently or temporarily, in whole or in part, by any means or in any form, the aforementioned content, educational materials, and programs; not to film and/or record them; and not to publish them anywhere, distribute them, disclose them, modify them, distort them, or otherwise perform any act that may cause harm, directly or indirectly, to the owner of the relevant intellectual property rights.

10.3 All educational materials provided, in any form or manner, during the Training Service are for the Customer’s exclusive use, and the Customer may not distribute or transfer them to third parties.

  1. Privacy

11.1 All personal data will be processed by Fondazione Fresh in accordance with applicable laws, particularly those regarding the protection of personal data. Customers may access information and set their preferences regarding the processing of their personal data by clicking on the following links:

“Customer” Privacy Policy; “Cookie” Policy

  1. Invalidity of Individual Contractual Provisions

12.1 The invalidity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

  1. Prohibition of Assignment

13.1 Unless otherwise agreed in writing, the Parties are prohibited from assigning, in whole or in part, the Contract or the rights and obligations set forth therein, and from allowing third parties to access and use the Training Services by disclosing or providing them with the relevant login credentials, unless Fondazione Fresh has given its prior written consent.

  1. Governing Law – Dispute Resolution

14.1 These General Terms and Conditions and all contracts entered into by the parties pursuant to these General Terms and Conditions shall be governed by Italian law.

14.2 The Court of Ravenna (RA) shall have exclusive jurisdiction over any dispute arising out of or in connection with these General Terms and Conditions and/or any contracts entered into pursuant thereto, without prejudice to the consumer Customer’s right to bring an action before the court of their place of residence or domicile.

12.3 In any case, consumer customers may also use the platform provided by the European Commission for alternative dispute resolution, accessible via the following link: http://ec.europa.eu/odr.