Terms and Conditions
Revised: 26 March 2020)
Below there are the terms and conditions (hereinafter, “Terms and conditions” or “Contract”) regarding the online purchase of products and/or the provision of services offered on the website www.nerdtrainingcenter.it (hereinafter, “Site”).
To place an order on the Website it is mandatory to be a registered user.
The customer (hereinafter, “Customer”) declares to be at least at least 18 years old.
Some clauses of the following Terms and Conditions apply only to the Customer who declares, during the online ordering procedure, to place the order as a “consumer”, that is, a natural person whose purposes are not related to their commercial or professional activity (hereinafter, “consumer Customer”).
Information about the seller and/or service provider
The products seller and/or the provider of the services offered on the Site is Nerd Training Merchandise S.r.l.s., with registered office in Via Francesco De Sanctis n. 1/F, 40132 – Bologna (BO), Italy, N. Rea (Italian database containing administrative and economic information of companies) BO – 546437, Tax Code and VAT number 03790231207 (hereinafter, “Nerd Training Center” or “Seller” or “Provider”), which can be contacted by telephone at +39.0510095785, via email at email@example.com, via certified email address at firstname.lastname@example.org
- 1. Subject of the Contract
With this Contract, stipulated remotely through telematic tools, Nerd Training Center sells the products (tangible movable properties) and/or undertakes to provide the services indicated and offered on the Site and the Customer buys them and/or agrees to use them. The online purchase of products and/or the provision of services offered on the Site are reserved for registered users.
- 2. Conclusion of the Contract
The conclusion of the Contract between Nerd Training Center and the Customer takes place online:
- the Customer must fill out the “fields” shown in the online ordering procedure correctly and completely, including the one relating to a possible status as a consumer;
- the summary of the order placed by the Customer will be displayed on the web page and it can be printed and downloaded. This page will show the data of Nerd Training Center and the ones of the Customer, the information relating to the product and/or service chosen, the price including taxes, shipping/travel costs and any additional costs, the methods and terms of payment, the delivery address, the times and methods of delivery. Furthermore, the consumer Customer has the right to withdrawal;
- the Customer must expressly accept these “Terms and Conditions” and, according to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, its specific clause 7 ” Limitations of liability” by ticking the specific check-boxes;
- the Customer must submit the order with obligation to pay by clicking on the virtual negotiation key “Order with obligation to pay”;
- during the online ordering procedure, the Customer can identify and correct any incorrect data before submitting the order to Nerd Training Center.
After submitting the order, a confirmation will be displayed on the web page with a summary of the order, which can be printed and downloaded, that includes the information referred to in letter b) of the previous point. After receiving the order, Nerd Training Center will send the Customer the related receipt by email containing the information referred to in letter b) of the previous point and a digital copy (in pdf format) of these Terms and Conditions (with the related attachments).
The Contract is not considered to be executed and effective between the parties in defect of all stated above.
- 3. Methods of payment and refund
The Customer can pay only by the following methods and complying with the following terms: PayPal and bank transfer. Any refund to the Customer will be made, unless the parties agreed otherwise, by the same payment method used by the Customer for the initial order. The refund will be made timely and, in case the consumer Customer exercises the right of withdrawal (see paragraph “11. Right of withdrawal”) at the latest within 14 (fourteen) days from the date on which Nerd Training Center became aware of the withdrawal. In case the consumer Customer exercises the right of withdrawal:
- concerning products, the refund may be suspended until Nerd Training Center receives back the products or until the consumer Customer demonstrates that they returned the products, if this happens first;
- concerning services, the refund will be limited or proportional to the services that the consumer Customer has not yet used at the time of the receipt by Nerd Training Center of the notice of withdrawal by the consumer Customer.
- 4. Product Delivery times and methods Nerd Training Center will deliver the products chosen and ordered according to the methods and related time chosen by the Customer among those possible indicated on the Website at the time of the product offer, as confirmed in the order summary. In any case the product will be delivered to the Customer within 30 (thirty) days from the date of conclusion of the Contract (receipt by the Customer of the order confirmation via email by Nerd Training Center).
In the event the Seller is not able to ship the products within this period of time, the Customer will be promptly notified by email.
- 5. Types, methods and times of services provision
The services offered on the Site are intended to provide customised advice and support regarding the practice of physical exercise to improve physical form, also for the possible participation in professional bodybuilding competitions or for aesthetic reasons (“personal training” services).
These services, depending on the Customer’s choice, may consist of one or more of the following activities:
- a. development of a customised workout plan;
- b. monitoring of the effectiveness of the customised workout plan based on the results achieved by the Customer and any updating of the plan itself;
- c. suggestions on performing physical exercises and using training equipment;
- d. analysis of the Customer’s photos and/or training videos;
- e. live or video call lessons (via Skype);
- f. presence of Nerd Training Center staff during professional bodybuilding competitions;
- g. indication of the most suitable foods and those to be avoided during the training;
The services mentioned above are provided remotely, via electronic communications (Email, SMS/MMS, Skype) and by telephone, except for the activities for which the physical presence of the Nerd Training Center staff is required (see the previous points e. and f.).
The activities referred to in points e. and f. could include travel expenses, also specified in the order summary and in the order receipt (see previous paragraph “2. Conclusion of the Contract”).
Nerd Training Center will provide the services chosen and ordered according to the times chosen by the Customer among those possible indicated on the Website at the time of the service offer, as confirmed in the order summary.
- 6. Prices
All sale prices of the products or of the services provision displayed and indicated on the Site are expressed in euros and are offered to the public according to Article 1336 of
the Italian Civil Code. Prices are inclusive of VAT and any other tax. The shipping/travel costs and any additional charge (for example, customs clearance), if any, although not included in the purchase and/or provision price, will be indicated and calculated in the order procedure before the Customer submits the order and also shown on the web page and in the order summary email.
- 7. Limitations of Liability
Nerd Training Center is not liable to the Customer:
- for disruptions due to force majeure in the event that it is not able to ship the order within the time limits stipulated in the Contract;
- for the impossibility of fully or partially fulfilling the Contract for reasons not attributable to any of the parties. In this case, Nerd Training Center will only be entitled to an amount proportional to what may be provided to the Customer up to the time of the impossibility;
- except in the case of wilful misconduct or gross negligence, due to disruptions or malfunctions connected to the use of the Internet beyond the control of Nerd Training Center or its subcontractors;
- for damages, losses and costs incurred by the Customer due to the non-performance of the Contract for reasons not attributable to them, since the Customer is entitled only to a full refund of the price paid and of any additional charges incurred;
- for fraudulent and illegal use by third parties of credit cards and other means of payment to pay the products purchased, if the Seller proves to have taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence;
- in case the Customer is not able to practice sports. Nerd Training Center recommends the Customer to consult a doctor for a suitable medical examination and obtain the consent before performing physical activity;
- for inexperience or negligence of the Customer in performing the physical activity and/or in the use of the products sold on the Site or the equipment used to perform the physical activity.
The Customer also acknowledges that the services provided by Nerd Training Center do not guarantee the achievement of the results or goals set by the Customer. Nerd Training Center and/or its staff cannot, therefore, be held responsible in any way if the Customer does not reach the goals they set by using the services offered by Nerd Training Center.
- 8. Liability and obligations of the Seller towards the consumer Customer: product defect liability, proof of damage and compensable damages
According to Articles 114 et seq. of “Codice del consumo” (Italian provision regarding the consumer rights) (Legislation 206/2005), the Seller is liable for the damage caused by defects of the sold product if they do not communicate to the injured party, within 3 (three) months from the request, the identity and address of the manufacturer or the person who provided the product.
The request mentioned above, by the injured party, must be written and must indicate the product that caused the damage, the place and the date of purchase; it must also contain the product offer, if it still exists.
The Seller cannot be held liable for the consequences derived from a defective product if the defect is due to the conformity of the product, to a mandatory legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer launched the product, still did not allow to consider the product as defective.
No compensation will be due if the injured party was aware of the defect of the product and its related danger and nevertheless voluntarily exposed themselves to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
The injured party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
The damage to property referred to in Article 123 of “Codice del consumo” (legislation 206/2005) will, however, be compensable only if it exceeds the sum of 387.00 euros (three hundred and eighty-seven euros).
- 9. Legal warranty of conformity of the product to the consumer Customer (“Garanzia legale di conformità”)
All products sold by Nerd Training Center to consumer Customers are covered by a legal warranty for any lack of conformity that occurs within 24 (twenty-four) months from the delivery of the product (Articles 128 et seq. of the Legislation 206/2005 – “Codice del consumo”).
Products are supposed to be in conformity with the Contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) they comply with the description made by the Seller and possess the qualities of the good that the Seller presented to the consumer as a sample or model; c) they feature the usual quality and performance of a good of the same type, which the consumer can reasonably expect, considering the nature of the good and, if the case, public statements on the specific characteristics of the good made by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labels; d) are also suitable for the specific use desired by the consumer which has been told the Seller at the time of conclusion of the Contract and that the Seller accepted also for conclusive facts.
The consumer Customer forfeits any right if it does not report to Nerd Training Center the lack of conformity within 2 (two) months from the date on which the defect was discovered. Reporting is not necessary if Nerd Training Center recognised the existence of the defect or hidden
it. In any case, unless proven otherwise, it is presumed that defects of conformity that occur within 6 (six) months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. In the event of a lack of conformity, the consumer Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a purchase price reduction or the termination of this Contract, unless the request is objectively impossible to satisfy or is excessively onerous for Nerd Training Center according to Article 130, subsection 4, of “Codice del consumo” (Legislation 206/2005).
The request must be sent in writing, by registered letter with return receipt, to Nerd Training Center, which will declare its willingness to proceed with the request, or the reasons that prevent it from proceeding, within 7 (seven) working days from receiving the request. In the same communication, if Nerd Training Center accepts the consumer Customer’s request, it must indicate the methods of shipping or returning the product, as well as the deadline for returning or replacing the defective product.
If product repair and replacement are impossible or excessively expensive, or Nerd Training Center did not repair or replace the product within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out caused considerable inconvenience to the consumer Customer, the latter may request, at them choice, a reasonable price reduction or termination of the Contract. In this case, the consumer Customer must send their request to Nerd Training Center, which will declare its willingness to proceed with it, or the reasons that prevent it from proceeding, within 7 (seven) working days from receving the request.
In the same communication, if Nerd Training Center accepts the consumer Customer’s request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, the consumer Customer must indicate the methods for crediting the sums previously paid to Nerd Training Center.
- 10. Obligations of the Customer
The Customer undertakes to pay the price of the product and/or service ordered using the methods and according to the terms indicated above (paragraph “3. Methods of payment and refund”), guaranteeing that the payment will be successful.
These obligations are essential, so that, by express agreement, any failure to comply with them will result in the termination of the Contract according to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
Once the online ordering procedure has been completed, the Customer undertakes to print and keep this Contract and the order summary.
- 11. Right of withdrawal of the consumer Customer
- Related to the products:
the consumer Customer has the right to withdraw from the Contract, without any penalty and without giving any reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased product. Below there is the information relating to the consumer Customer’s right of withdrawal:
“You have the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which you or a third party, other than the carrier and indicated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you are required to inform us (by writing to Nerd Training Merchandise S.r.l.s., Via Francesco De Sanctis n. 1/F, 40132 – Bologna (BO), Italy, or by email to the address email@example.com) of your decision to withdraw from this contract through an explicit declaration (for example sending a letter by post or e-mail). For this purpose, you can use the “Withdrawal Form“, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Effects of withdrawal:
If you withdraw from this Contract, you will be refunded for all the payments you made to us, including the delivery costs (except for the additional costs deriving from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. Refunds will be made by the same payment method used by you in your purchase unless you expressly request otherwise. You do not have to bear any cost for your refund. The refund may be suspended until the goods are received or until the consumer demonstrates that he returned the goods, if this happens first. Please return
the goods or deliver them to us, without undue delay and in any case within 14 (fourteen) days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the period of 14 (fourteen) days. The costs of returning the goods will be at your expense. You are liable only for any depreciation of the goods resulting from them being handled in a way other than that necessary to preserve the nature, characteristics and functioning of the goods”.
Related to services:
the consumer Customer has the right to withdraw from the Contract, without any penalty and without giving any reason, within the period of 14 (fourteen) working days, starting from the day of the conclusion of the Contract (see paragraph “2. Conclusion of the Contract”).
The consumer Customer expressly accepts that the service is performed before the expiry of the deadline for withdrawal, therefore accepting:
- the loss of their right of withdrawal in the event Nerd Training Center fully performs the Contract before the expiry of the above-mentioned term;
- to pay Nerd Training Center an amount proportional to what was provided until the time when the consumer Customer communicated their withdrawal from this Contract, in comparison to all the services provided for in the Contract.
Below there is the information relating to the right of withdrawal of the consumer Customer:
“You have the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days.
The withdrawal period expires after 14 (fourteen) days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you are required to inform us (by writing to Nerd Training Merchandise S.r.l.s., Via Francesco De Sanctis n. 1/F, 40132 – Bologna (BO), Italy, or by email to the address firstname.lastname@example.org) of your decision to withdraw from this contract through an explicit declaration (for example sending a letter by post, or e-mail). For this purpose, you can use the “Withdrawal Form“, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the communication regarding the exercise of your right to withdraw before the expiry of the withdrawal period. Effects of withdrawal: If you withdraw from this contract, you will be refunded all payments you made to us, without undue delay and in any case no later than 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. Refunds will be made by the same payment method used by you in your purchase, unless you expressly request otherwise. You do not have to bear any cost for your refund. If you requested to start the provision of services during the withdrawal period, you must pay us an amount proportional to what was provided until the time when you communicated your withdrawal from this contract, in comparison to all the services provided for in the contract. To comply with
the withdrawal period, it is sufficient that you send us the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal: If you withdraw from this contract, you will be refunded all the payments you made to us, without undue delay and in any case no later than 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. Refunds will be made by the same payment method used by you in your purchase, unless you expressly request otherwise. You do not have to bear any cost for your refund. If you requested to start the provision of services during the withdrawal period, you are required to pay us an amount proportional to what was provided until the time when you communicated your withdrawal from this contract, in comparison to all the services provided for in the contract”.
- 12. Processing of personal data
- 13. Archiving methods of the Contract
Nerd Training Center informs the Customer that each order sent is stored in digital form on the server and in paper form at the headquarters of Nerd Training Center according to confidentiality and security criteria.
- 14. Communications and complaints
For any communication and complaint the Customer can contact Nerd Training Center at the following addresses:
Nerd Training Merchandise S.r.l.s.,
Via Francesco De Sanctis n. 1/F, 40132 – Bologna (BO), Italy
Registered e-mail: email@example.com
During the online ordering procedure the Customer must indicate their residence or domicile address, the telephone number or the e-mail address to which Nerd Training Center will send its communications.
- 15. Settlement of disputes
All possible civil disputes arising from this Contract will be referred to the Chamber of Commerce of Bologna and resolved according to the Conciliation Rules adopted by the same.
If the Parties intend to appeal to the ordinary judicial authority, for the consumer Customer the competent Court will be that of the place of their residence or domicile if located in the territory of the Italian state, unavoidably according to Art. 66-bis of the “Codice del consumo” (Legislation 206/2005).
- 16. Applicable law
This Contract is governed by Italian law.
For matters not expressly provided here, the rules of law applicable to the relationships and cases provided in this Contract, and in particular Article 5 of the 1980 Rome Convention, shall apply.
According to Art. 66-quater of the “Codice del consumo” (Legislation 206/2005), the regulations applicable only to consumer Customers contained in Part III (“Il rapporto di consumo”), Title III (“Modalità contrattuali”), Chapter I (“Dei diritti dei consumatori nei contratti”) of the “Codice del consumo” (Legislation 206/2005) are expressly referred to here.