General Terms and Conditions of Sale
These General Terms and Conditions of Sale (GTCS) govern the offer of products, services and/or resources on the website www.wopsy.com by GIUNTI PSICOLOGIA.IO S.r.l. (GIUNTI PSICOLOGIA.IO).
This offer - as far as resources, services and/or paid-for products are concerned - constitutes a distance contract governed by Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and Legislative Decree no. 70 of 9 April 2003, containing the regulation on electronic commerce.
GIUNTI PSICOLOGIA.IO reserves the right to amend the GTCS at any time and shall give notice thereof through the ordinary communication channels available on the website.
On the other hand, these General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than GIUNTI PSICOLOGIA.IO S.r.l. and any partners or parent companies, which are not expressly referred to on the website www.wopsy.com by means of links, banners or other hypertext links.
To enable the full understanding and acceptance of these GTCS, the following terms, in the singular and plural form, shall have the meanings set out below:
“Customer” shall mean the party, whether a Professional, a Consumer or the Public Administration or a Body treated as such, that has purchased a Product or Service according to the information and conditions expressed in these General Terms and Conditions of Sale;
“Consumer Code”, Legislative Decree no. 206 of 6 September 2005, as amended and supplemented;
“General Terms and Conditions of Sale” shall mean these general terms and conditions of sale as updated and amended by GIUNTI PSICOLOGIA.IO S.r.l. from time to time;
“Consumer” shall mean the natural person acting for purposes unconnected and/or unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out, or acting for purposes that do not fall within the scope of any of the above-mentioned activities, as defined in Article 3 paragraph 1 letter a) of the Consumer Code;
“Digital Content” means all the information, data, software, music, sounds, photographs, images, videos, messages or any other material on the Website;
“Distance contract” shall mean a contract concluded between GIUNTI PSICOLOGIA.IO and the Customer without the simultaneous physical presence of the parties, through the exclusive use of one or more means of remote communication;
“Registration Data” means the data requested from the Customer in order to create an account on the Website and consisting of: name, surname, place and date of birth, profession, e-mail address, region and address of residence/domicile, position, professional order of registration, gender, tax code, telephone;
“Product” means all the products that can be purchased on the Website or through GIUNTI PSICOLOGIA.IO sales representatives, understood as the training courses that can be consulted in the online catalogue published on the Website;
“Professional” means the natural person or legal entity exercising its entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, as defined in Article 3, paragraph 1, letter c) of the Consumer Code;
“GIUNTI PSICOLOGIA.IO”, GIUNTI PSICOLOGIA.IO S.r.l. with registered office in 50136 Florence (FI) - Via Fra' Paolo Sarpi 7/A, tax code and VAT no. 11854690010 and number of registration with the Register of Companies of Florence FI - 683263, share capital 20,000.00 fully paid up, certified e-mail address: email@example.com, e-mail address: firstname.lastname@example.org, which supplies the Products and provides the Services indicated above, identifying them with its name, trademark and any other distinctive sign;
“Professional Qualification”, certificate attesting the achievement of a certain level of knowledge, skills and competences, related to a certain field of vocational education and training, by way of example: Psychologists; Doctors with specialisations involving specific psychodiagnostic competences (psychiatry, child neuropsychiatry, clinical psychology/psychotherapy, neurology, geriatrics, community and primary care medicine, physical medicine and rehabilitation); University lecturers, researchers, PhDs from the M-PSI/01-08 fields and psychology graduates attending specialist training courses in psychotherapy;
“Service” shall mean any accessory service that GIUNTI PSICOLOGIA.IO may propose to the Customer in connection with the sale of the Products;
“Website” means the Website www.wopsy.com, the exclusive property of GIUNTI PSICOLOGIA.IO S.r.l.;
“Third Party” or “Third Parties” means any entity other than the Customer and GIUNTI PSICOLOGIA.IO.
The aforementioned premises form an integral part of these GTCS.
By accepting these GTCS, the Customer declares that it is familiar with the Products offered by GIUNTI PSICOLOGIA.IO and that they meet its requirements and needs and, in using the website, it undertakes to abide by the instructions for use defined by GIUNTI PSICOLOGIA.IO.
1. Registration and Account
1.1 Most activities on GIUNTI PSICOLOGIA.IO require the creation and use of an account. Registration is free of charge. The Customer shall have access to the Website through a reserved area by means of credentials and accounts assigned to the Customer, kept and used by the latter under its sole responsibility. In particular, the Customer undertakes to keep the alphanumeric access codes (called "username" and "password") confidential, remaining solely responsible for any damage caused by the use of login and password by unauthorised third parties. In any case, the Customer undertakes to immediately notify GIUNTI PSICOLOGIA.IO of any theft, loss or appropriation for any reason, of the access credentials by unauthorised third parties.
1.2 In order to use the Service, the Customer undertakes to:
a) provide the personal and professional information requested during the registration process, ensuring that it is up-to-date, complete and true;
b) promptly and constantly update the Registration Data so that it is always current, complete and true.
To this end, the Customer hereby releases GIUNTI PSICOLOGIA.IO:
- from any liability arising from issuing incorrect tax documents and data, the Customer itself being solely responsible for the correct entry;
- from any obligation and/or burden of direct and indirect ascertainment and control in this respect.
1.3 The Customer guarantees that it legitimately has all the information entered on the Website www.wopsy.com for the purposes of purchasing the Product or accessing the relevant Service, also ensuring that the same does not violate in any way, directly or indirectly, the rights of Third Parties. Therefore, the Customer undertakes not to enter data that it cannot freely access.
1.4 The Customer is also forbidden from entering false and/or fictitious data in the Course registration-enrolment procedure and in subsequent further communications related to executing the contract.
1.5 In some specific cases, listed below, GIUNTI PSICOLOGIA. IO may deactivate the Customer’s account and interrupt its access to the Website, temporarily and/or permanently. If the account is removed, GIUNTI PSICOLOGIA.IO reserves the right to remove and/or discontinue also any content that may be produced and inserted on the Website by the Customer. The Customer agrees to release GIUNTI PSICOLOGIA.IO from any liability towards the Customer or Third Parties for suspending and/or terminating the account, removing the Customer's contents, or blocking the access to the Website and to the Services of GIUNTI PSICOLOGIA.IO.
In particular, suspension and/or blocking may occur when the Customer has failed to enter truthful Registration Data.
2. Pre-contractual Information
2.1. The Customer declares to have read and understood prior to purchase all the information contained in the Product or Service sheet, as well as, with reference to the Services, also the possible geographical address of delivery, the price and the payment method.
According to these standards, the Customer assumes responsibility for a rational purchase and proper use of the Products. In particular, it undertakes to:
- carefully evaluate, among the available Products, the one most suitable for its purposes;
- require the purchase only of those Products for which it possesses the professional competence and for which it is qualified with regard to use;
- never infringe copyright laws by photocopying materials, recording or otherwise reproducing the purchased Products;
- store the purchased Products and distributed materials in a safe place, so as to prevent their use by unqualified or unauthorised personnel.
3. Purchases on the Website
3.1 The purchase of Products or Services offered on the Website is allowed to Customers that are either Professionals, also through Bodies, or Consumers, as defined in Article 3, paragraph 1, letter a) of the Consumer Code.
3.2 All the prices of Products and Services offered on the Website are in euro, excluding VAT.
GIUNTI PSICOLOGIA.IO reserves the right to change such prices, at any time, it being
understood that the price that shall be charged to the Customer shall be the one indicated on the order summary and viewed by the Customer prior to sending the order itself and that any variation (upwards or downwards) after such time shall not be taken into account. In any case, there shall be no obligation for GIUNTI PSICOLOGIA.IO to supply what was sold at an incorrectly indicated lower price.
3.3 GIUNTI PSICOLOGIA.IO reserves the right to refuse or cancel orders:
- from a Customer with which it has an ongoing legal dispute;
- from a Customer that has previously breached these GTCS and/or the terms and/or conditions of any purchase agreement with GIUNTI PSICOLOGIA.IO;
- from a Customer that has been involved in fraud of any kind and, in particular, in credit card payment fraud;
- from Customers that have provided false, invented, fictitious, incomplete or otherwise inaccurate identification data.
3.4 In accordance with the rules on e-commerce, GIUNTI PSICOLOGIA.IO informs the Customer that:
- to conclude the contract for the purchase of Products and/or Services through the Website, the Customer must fill in an electronic order and send it to GIUNTI PSICOLOGIA.IO, electronically, following the instructions that will appear on the Website from time to time;
- the contract is concluded when the order reaches the server used by GIUNTI PSICOLOGIA.IO;
- prior to sending the order, the Customer may identify and correct any data entry errors by following the instructions on the Website or modify the order;
- once the order has been registered and, in the case of payment at the time of purchase, once the confirmation of the successful payment has been received, GIUNTI PSICOLOGIA.IO shall send to the Customer, at the e-mail address indicated, the order confirmation containing: the information related to the essential characteristics of the purchased Product and/or Service, the detailed indication of the price and of the payment method used;
- the confirmation shall in any case release GIUNTI PSICOLOGIA.IO from any liability concerning the data provided by the Customer, which undertakes, moreover, to promptly inform GIUNTI PSICOLOGIA.IO of any variation of the data communicated
- at any time. If the Customer communicates inaccurate or incomplete data or if there is a dispute by the parties concerned regarding the payments made, GIUNTI PSICOLOGIA.IO shall be entitled not to activate or to suspend the Service until the relevant omissions have been remedied.
3.5 A commercial invoice will be issued in connection with each purchase via the Website. The Customer is therefore required to fill in the form made available to it via the Website.
The commercial invoice shall be sent to the Customer by e-mail. The invoice shall be issued on the basis of the information provided by the Customer by using the specific form, together with the information on qualification, entered on the Website at the time of registration and/or thereafter, which the Customer warrants to be true.
3.6 Payment for the purchased Products and Services may be made according to the methods indicated on the Website and, specifically, through 3 (three) different payment methods:
- by bank transfer. In this case, the Customer makes the purchase on the Website and receives an order confirmation by e-mail containing the bank details to use in order to make the bank transfer. This bank transfer must be made within and no later than 3 calendar days from the date of sending the order. Once this period has elapsed to no avail, the contract may be considered legally terminated. In case of payment by bank transfer, GIUNTI PSICOLOGIA.IO shall allow access to the purchased Course only after the payment has been successfully made. In order to facilitate the connection between the payment received by bank transfer and the order placed, the Customer is asked to indicate the order number, as indicated in the order confirmation e-mail, as the reason for the bank transfer;
- via PayPal. In this case, the purchase shall become effective immediately and the Customer shall have access to the Products and/or Services according to the terms shown. Should the payment fail, the order shall be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code;
- through Stripe. The Customer may pay by Credit Card, the purchase shall become effective immediately and the Customer shall have access to the Products and/or Services in accordance with the applicable terms.
3.7 When purchasing the product on-line (with the simultaneous obligation to pay in full), the Customer is obliged to express, in point and click mode, its consent to these GTCS as well as its consent to the conditions requiring specific consent pursuant to Articles 1341 and 1342 of the Italian Civil Code, together with the provisions governing the procedures for registration, access, browsing and use of the website www.wopsy.com.
4. The Offer of GIUNTI PSICOLOGIA.IO
4.1 GIUNTI PSICOLOGIA.IO makes available, also through collaborations and agreements with partners, two types of training and refresher courses in psychological subjects and techniques aimed at industry professionals and non-professionals:
- on-demand courses in asynchronous mode: training product usable in self-learning mode, i.e. usable at any time, beyond the simultaneous presence of teachers and trainees. On-demand courses consist of recorded video lectures possibly accompanied by in-depth teaching materials and/or exercises. The use of on-demand courses takes place directly on the Website, through access with the credentials used to register in the reserved area.
In order to take full advantage of the multimedia content present, it is necessary:
- to have an Internet connection. For optimal use, an ADSL or fibre-optic connection is recommended;
- to have one of the main available browsers installed on your machine and regularly updated;
- to have the Adobe Acrobat Reader software installed on your machine to view certain materials in PDF. This software is available free of charge at: https://get.adobe.com/it/reader/.
4.2 The Products referred to in Article 4.1, points 1) and 2) fall into two types:
- Courses aimed at Professionals, to access them certain Professional Qualifications must be held when enrolling, as indicated in the individual course purchased.
- Courses of an informative nature, aimed at anyone who wants to participate.
Orders from organisations and companies are only processed, where applicable, if one or more persons in their staff (employees or external collaborators) meet the requirements of the Professional Qualifications for the Products for which the purchase is made.
4.3 Each Customer has its own personal media library where the purchased Products and Services - whether free or paid - will be stored. In particular, all on-demand Products (courses, seminars) shall remain accessible for twelve (12) months except as expressly indicated in the individual courses. The Products delivered in synchronous mode (webinars), once concluded, if they are re-processed by GIUNTI PSICOLOGIA.IO, shall be made available on-demand in the Customer's media library, as specified from time to time in the purchased Product sheet.
4.4 The Customer shall not reproduce, copy, sell or otherwise distribute, rent or lease, transmit, sub-license or otherwise transfer any rights in the Digital Content and/or any part thereof and shall not remove or modify any information in the Digital Content, including the ownership of such content. Furthermore, the Customer may not modify, cancel or circumvent the security devices that protect such Digital Content and may not use such content except in accordance with the regulations in force, under these GTCS.
4.5 The purchase of a Product may not be used by any person other than the individual Customer that made the purchase. GIUNTI PSICOLOGIA.IO reserves the right to suspend the service without having to refund the purchase if several users use the Product purchased by a single Customer.
5. Professional Qualifications to Access Courses (where applicable)
5.1 The Products supplied by GIUNTI PSICOLOGIA.IO are classified according to the following bipartition:
- Products that can be purchased with restrictions: they can be used by the professional categories indicated in the sheet of each course and are only accessible after verification by GIUNTI PSICOLOGIA.IO of the declared requirements.
- Products that can be purchased without restrictions: are those for which no professional qualification is required, they are not subject to any restrictions.
6. Terms of cancellation, withdrawal and/or refund of products
6.1 Postponement or cancellation of synchronous (webinar) and residential courses by GIUNTI PSICOLOGIA.IO.
For various organisational requirements, GIUNTI PSICOLOGIA.IO may decide to vary the dates and/or venue – if residential – of the course. In this case, the Customer shall be informed at least 5 working days in advance and automatically enrolled in the next date of the same course, keeping valid any fee already paid. In this case the right of withdrawal may be exercised within 5 days of notification, i.e. within the date originally scheduled for the course. In the event of cancelling the specific course type, any sums paid shall be retained for a different course chosen by the Customer or refunded. The refund will be made using the same payment method chosen by the purchaser at the time of purchase. In the case of payment by bank transfer, the Customer must provide the bank details: IBAN, SWIFT and BIC in the withdrawal notice.
6.2 Right of withdrawal.
Within 20 days before the start of the synchronous course (webinar) and/or residential course, the Customer may exercise the right to withdraw from the purchased course. It may then cancel such course and receive a refund of the amount already paid; GIUNTI PSICOLOGIA.IO reserves the right to retain 20% of the total amount paid. The Customer that intends to exercise the right of withdrawal must communicate this to Psicologia.io by means of an explicit declaration, which may be sent by registered letter with return receipt to the following address:
Giunti Psicologia.io S.r.l., 50136 Firenze (FI) - Via Fra' Paolo Sarpi 7/A
Or by certified e-mail to: email@example.com
6.3 Limitation of refund in the event of withdrawal within the time limit.
The Customer expressly agrees that any refund shall be limited to the return of the price paid for the course. No higher sums may be claimed for damages of a financial or other nature.
6.4 Exclusion of the right of withdrawal for on-demand Products.
For the on-demand, self-learning Products and Services, the Customer is aware and accepts that the contract is executed, after the purchase procedure is completed, by GIUNTI PSICOLOGIA.IO by making the Digital Content available in the dedicated area of the Website reserved to the Customer and that this entails the loss of the right of withdrawal pursuant to and for the purposes of the refund. For Consumer Customers, Article 59, paragraph 1, letter o) of the Consumer Code shall apply.
7. Copyright protection and ownership of works
7.1 The Customer acknowledges that GIUNTI PSICOLOGIA.IO is the exclusive owner of every part of the Website, such as, by way of example only, the logos, images, texts, as well as the content of any educational materials distributed.
7.2 To this effect, in application of Law no. 633 of 22 April 1941 (Copyright Law), the Customer undertakes to refrain from copying, distributing, publishing or otherwise using or exploiting the materials owned by GIUNTI PSICOLOGIA.IO without the latter’s prior written consent and for purposes other than those envisaged by these GTCS.
7.3 Furthermore, it is strictly forbidden to market, reproduce in whole or in part, reprocess and transmit in any form or by any means the materials made available by GIUNTI PSICOLOGIA.IO during the performance thereof.
8. Responsibilities and obligations
8.1 Where applicable, with regard to all the Products that can be purchased on the website www.wopsy.com, the Customer undertakes not to transfer the purchased Product to third parties, if subject to the above-mentioned Professional Qualifications, and not to purchase the Products available therein on behalf of parties that do not meet the specific requirements.
8.2 Any behaviour contrary to good faith by the Customer, as well as any breach of the above-mentioned obligations and prohibitions, the list of which is to be considered non-exhaustive, cannot in any way be considered tolerated by GIUNTI PSICOLOGIA.IO as it is liable to compromise its image, honour and correctness, thereby entailing the exclusive liability of the Customer and the right of the same to interrupt any provision of the Service and, if applicable, to bring proceedings before the competent Authorities, as well as to claim compensation for damages.
8.3 Therefore, the Customer releases GIUNTI PSICOLOGIA.IO from any liability in case of complaints, legal actions, governmental or administrative actions, losses or damages resulting from the use of the Products and Services offered by GIUNTI PSICOLOGIA.IO in a manner that is contrary to good faith and/or illegal by the Customer itself, by Third Parties connected to it or by Third Parties in general.
8.4 Except in cases of wilful misconduct or gross negligence, the Customer expressly releases GIUNTI PSICOLOGIA.IO from any liability for direct and indirect damages:
• that the Customer or Third Parties may suffer in connection with or as a result of using the Product or the provision of the Service, or as a result of the interruption of operation;
• that the Customer or Third Parties can in any way blame for the failure of the telecommunications network operator to provide connectivity, or for the Customer's use of (not high-speed) connectivity that is technically incompatible with the Service, as well as for the Customer's failure to use the training course as a result of defects found by the Customer in the use of the same, if all of the above is due to the Customer not meeting the minimum system requirements;
• caused by Third Parties unlawfully accessing the Services subscribed to by the Customer, due to the Customer's lack of care in the safekeeping of the login and password assigned to it, or due to the absence of other security measures that the Customer is required to take.
8.5 Under no circumstances shall GIUNTI PSICOLOGIA.IO be held liable for:
• the malfunctioning of the Service resulting from faults, overloads, interruptions of telephone lines, power lines or Internet lines that may compromise the purchase of the product or the use of the service or product;
• failures by Third Parties that affect the use of the service, including, by way of example, slowdowns in speed or the malfunctioning of telephone lines and computers that manage telematic traffic between the Customer and the platform on which the Service is provided, if any;
• any fraudulent and/or undue use of credit cards by the Customer.
It is the sole responsibility of the Customer to ensure interoperability between the connectivity, with which it is equipped, and the platform from which the Service or Product is delivered, if required.
The Customer acknowledges that all the information, data, software, music, sounds, photographs, images, videos, messages or any other material (“Content”), accessible and/or transmitted publicly and/or privately, are the sole and exclusive responsibility of the persons from whom such Content originates.
8.6 Moreover, GIUNTI PSICOLOGIA.IO may not be held liable for any failure to perform its obligations arising from causes that cannot be reasonably foreseen, from impediments beyond its direct and immediate control, or from force majeure. Upon the occurrence of an event of force majeure, GIUNTI PSICOLOGIA.IO shall inform the Customer thereof, together with the prospects of regular reactivation of the Service or new availability of the Product. GIUNTI PSICOLOGIA.IO reserves the right to change the availability of the Products listed in the catalogue as well as the Service delivery methods, to postpone the dates and times set for the delivery. In the above-mentioned cases, any fees already paid by the Customer shall be refunded. GIUNTI PSICOLOGIA.IO reserves the right to issue discount vouchers of equal value and valid for one year from the purchase, which can be spent on purchasing a different Product.
8.7 Lastly, the Customer may not assign to Third Parties any right arising from this Contract and/or relating to the relations concerning the Products and Services, without prior written authorisation, issued at the sole discretion of GIUNTI PSICOLOGIA.IO and communicated by the same by registered letter with return receipt or certified e-mail to the addresses communicated by the Customer.
9. Applicable Law and Jurisdiction
9.1 These GTCS and the relationship between GIUNTI PSICOLOGIA.IO and the Customer shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the purchaser’s country of habitual residence. Accordingly, the interpretation and execution of the GTCS shall be subject exclusively to Italian law.
For any dispute inherent to, arising out of or in any way connected with these GTCS or the use of the Service, the Italian Judicial Authority shall have exclusive jurisdiction and, specifically, the Court of Florence, any other jurisdiction being deemed waived. If the Customer is a Consumer, any disputes shall be settled by the Court of the place of domicile or residence of the same according to the applicable law.
9.2 Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, GIUNTI PSICOLOGIA.IO informs the customer that it is a consumer pursuant to Article 3, paragraph 1, letter. a) of the Consumer Code, that, in the event it has submitted a complaint directly to GIUNTI PSICOLOGIA.IO, following which it has not been possible to resolve the dispute thus arisen, GIUNTI PSICOLOGIA.IO shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as referred to in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to avail itself of such bodies to settle the dispute. GIUNTI PSICOLOGIA.IO also informs the customer that qualifies as a consumer pursuant to Article 3, paragraph 1, letter. a) of the Consumer Code that a European platform for the on-line resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR bodies, find the link to the website of each of them and initiate an on-line dispute resolution procedure for the dispute in which it is involved. This is without prejudice to the consumer customer's right to bring an action before the competent ordinary court of law for the dispute arising from these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, to initiate an out-of-court settlement of disputes relating to consumer relations by recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
9.3 A user residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European Small Claims Procedure established by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed 2,000.00 euro, excluding interest, fees and expenses. The text of the regulation can be found at www.eur-lex.europa.eu.
9.4 These GTCS constitute the sole and exclusive agreement between the Customer and GIUNTI PSICOLOGIA.IO and govern the use of the Service, superseding any previous agreement between them. Furthermore, the Customer shall comply with any GTCS relating to the use of complementary services or services connected to the contents of third parties or relating to the rules for using third party software. The failure of GIUNTI PSICOLOGIA.IO to exercise any of its rights under the law or these GTCS shall in no event constitute a waiver of such right. Should one or more provisions of these GTCS be declared invalid by the Competent Authority, the other provisions contained herein shall remain fully valid and effective for all purposes.
10. Acceptance of the GTCS
10.1 The Customer declares that it has carefully read and accepted these GTCS.
10.2 Pursuant to and for the purposes of Article 1341, 2nd paragraph, of the Italian Civil Code, the Customer hereby specifically approves the following clauses: Article 2 (Pre-Contractual Information), Article 6 (Terms of Cancellation, Withdrawal and/or Refund of Products), Article 8 (Responsibilities and Obligations), Article 9 (Applicable Law and Jurisdiction).
11. Privacy and Data Processing
12. Prevalence Clause
12.1 These GTCS are drafted in two languages, English and Spanish. In the event of disputes concerning the interpretation and execution of the GTCS, the language of precedence shall be English.