The GENERAL TERMS and CONDITIONS of use and purchase, hereinafter collectively referred to as the “GTC”) of the company MAX PICCININI COACHING DMCC, made up of both this Preamble section and all the articles that ensue including any clauses therein, are concluded between, the company MAX PICCININI COACHING DMCC (hereinafter referred to as “The PROVIDER”), provider of coaching PRODUCTS and SERVICES, having it’s place of business at Unit No : 3O-OO-D1-12, Jewellery & Gemplex 3, Plot No : DMCC-PH2-J&GPlexS, Jewellery & Gemplex, Dubai, United Arab Emirates, as described in the document “legal notices” accessible on the WEBSITE, and the consumer of these PRODUCTS and SERVICES (hereinafter referred to as “The CUSTOMER”) designating the person or legal entity that has placed an order either via the Internet site “www.maxpiccinini.com” or another Internet site of the company MAX PICCININI COACHING DMCC pointing to the site www.maxpiccinini.com (hereinafter referred to collectively as the “WEBSITE”) or by telephone or during an event where the company MAX PICCININI COACHING DMCC is present.
No other contractual stipulation resulting from documents sent or delivered by The CUSTOMER may be incorporated herein. Only the expressed acceptance of The PROVIDER related to one or more of these documents will be deemed binding.
The PROVIDER reserves the right to modify the GTC at any time by publishing a new version on its website. The applicable GTC will be those effective on the date of payment or the date of the first installment or payment in the event of multiple payments.
The CUSTOMER in this document designates an individual consumer, a non-company entity or a legal entity or a company. However, only the individual consumer or a non-legal entity have the specific rights granted by the consumer law of their state of residence. On the other hand, if The CUSTOMER is a company or a legal entity, The CUSTOMER acknowledges that these rights will not be applicable to it.
The CUSTOMER declares to have the legal capacity allowing him to enter in such agreements under these GTC. The existence of the WEBSITE cannot be characterized as an act of solicitation. The agreement between The CUSTOMER and The PROVIDER is considered concluded at a distance, except when it is concluded during an event where the company MAX PICCININI COACHING DMCC is present.
1 – OBJECT
The purpose of these GTC is to determine the underlying conditions in which
(a) an act of purchasing one or more PRODUCTS presented on the WEBSITE as defined in Article 2 below is carried out, and
(b) a act of registration for a seminar or personalized coaching (hereinafter referred to as “SERVICES”) presented on the WEBSITE is made.
2 – ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
Products (hereinafter referred to as “PRODUCTS”) include Books, videos and other works are published on the WEBSITE by The PROVIDER, sole proprietor of the exploitation rights of these works, including, and in particular, all intellectual property rights.
The PRODUCTS for sale on the WEBSITE are exclusively delivered in electronic form and can be viewed and/or listened to on a secure platform accessible by entering an individual code generated specifically for and sent to The CUSTOMER.
The graphical representation of the PRODUCTS on the WEBSITE is purely illustrative. Their actual aspect, look, presentation can therefore vary upon delivery, provision or download.
3 – PRODUCTS ORDERS AND SERVICE SUBSCRIPTION
3.1 – The CUSTOMER can place his/her order or register for the SERVICES through the WEBSITE, by telephone or during events in which The PROVIDER is present.
3.2 – Ordering PRODUCTS and Registering for SERVICES through the WEBSITE.
Via the WEBSITE, The CUSTOMER will be able to place an order once he/she has set up an account. The CUSTOMER must first identify himself by giving their contact details and once identified, they can reconnect using an identifier consisting of their email address and a password they have chosen. The CUSTOMER can change the password at will. This password is strictly personal and must be kept confidential. The CUSTOMER expressly acknowledges that entering their email address and password constitutes identification.
The contract is validly formed when The CUSTOMER clicks on a link to “Place the order” or any equivalent link at the bottom of the page summarizing their order. The CUSTOMER will then receive an order confirmation email including the applicable GTC at the time of the order.
4 – PRICE CONDITIONS
4.1 – Currency – VAT – Other taxes
The prices indicated on the WEBSITE are in euros (€) including tax for individual consumers and non-corporate entities. The VAT rate applied will be the legal rate current on the day of the transaction.
In the event of a change in the amount of VAT, the price adjustment including VAT will be applied immediately and without prior notice. In the event of any obvious typographical error in the display of the price, the order may be canceled.
4.2 – Modification of prices
The PROVIDER may modify the prices of its PRODUCTS and SERVICES at any time and without prior notice. However, the changes will not apply to sales previously validated following the ordering of PRODUCTS or registration for the SERVICES.
5 – PAYMENT
5.1 – As a general rule, validation of an order will entail the payment of the full price for the selected PRODUCTS or SERVICES; only the receipt of full value of which by The PROVIDER triggers the provision of the PRODUCT(s) and/or registration for the SERVICE(s) purchased.
The PROVIDER may, from time to time, and at its own discretion, grant a payment schedule in installments, in particular with consideration of the total final amount of the purchase, and based on The CUSTOMER’s verified identity and proven track record of prior timely payments.
However, The PROVIDER is in no way bound to grant such payment terms. The CUSTOMER may make such request by contacting the customer service department of The PROVIDER at [email protected]
5.2 – PRODUCTS and SERVICES payable in installments:
For certain PRODUCTS and SERVICES whose execution may span over time, The PROVIDER may offer The CUSTOMER the possibility of paying in installments. If applicable, the payment of the first monthly payment must be made at the time of placing the order and the following monthly payments will be collected automatically by direct debit until the final installment has been received.
The CUSTOMER acknowledges that in this case he remains bound to full payment for the PRODUCTS purchased and SERVICES subscribed to. The CUSTOMER will be liable for full payment of PRODUCTS and SERVICES. Outstanding balances cannot be waived, nor will this give rise to a reimbursement for amounts already paid if the subscription is prematurely terminated by The CUSTOMER. An exception applies when the PRODUCTS and SERVICES are offered in the form of an on-going open-ended subscription and subject to compliance with the termination conditions referred to in Article 8.4.
5.3 – To pay for his/her order, the CUSTOMER is presented with a selection of payment methods available at the time of validation of the order form such as: credit card, Be2Bill service provider or by bank transfer for amounts greater than 1000 euros HT.
In the event of payment by bank transfer or credit card, the CUSTOMER expressly acknowledges that by communicating the payment information to the company, the CUSTOMER authorizes The PROVIDER to debit their account up to the total amount corresponding to the purchase of the PRODUCTS or the registration for the SERVICES. The amount will be debited for the entire amount of the PRODUCTS or SERVICES ordered or, in the case of PRODUCTS and SERVICES payable in installments, by automatic monthly debit of the monthly amount indicated in the offer selected by the Customer.
5.4 – The CUSTOMER guarantees that he/she has the necessary authorization to use the means of payment utilized during the validation of the order form. The PROVIDER reserves the right to suspend the delivery of PRODUCTS or SERVICES in the event of a refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment.
The PROVIDER reserves the right to refuse to honor an order from a CUSTOMER who has not fully or partially paid for the cost of one of his/her orders or with whom the company has a pending payment dispute. With regard to PRODUCTS and SERVICES payable in installments, failure to pay the monthly installments agreed to by The CUSTOMER will result in the immediate suspension of the provision of the PRODUCTS and SERVICES concerned.
In case of a payment default, The PROVIDER reserves the right to charge a 5% late fee on outstanding balances running from the date of a formal notice sent by The PROVIDER to The CUSTOMER.
5.5 – To prevent fraudulent activity, in particular unauthorized usage of bank or card details of another person or entity, The PROVIDER may, at its discretion, set up a procedure for verifying payment methods used on the WEBSITE,. As part of this verification, The CUSTOMER may be requested by The PROVIDER to provide proof of identity and a proof of address.
In this case, the order will only be executed once these documents have been received and verified by The PROVIDER.
6 – PROVISION OF PRODUCTS – Post-Purchase SERVICES
6.1 – As a general rule, the PRODUCTS offered for sale on the WEBSITE are made available to The CUSTOMER after full payment and exclusively in digital format. The CUSTOMER receives an individual code allowing him access to a secure platform on which he can view and/or listen to the PRODUCTS online and, in some cases, download them. The PROVIDER makes use of the latest technologies to deliver such PRODUCTS or SERVICES. Before validating an order of such PRODUCTS and SERVICES, The CUSTOMER must check whether he/she possesses compatible hardware and software for flawless access and viewing of such PRODUCTS and SERVICES.
6.2 – For PRODUCTS and SERVICES that are offered in the form of an open-ended subscription, a link allowing access a secure platform hosting the online PRODUCTS will be sent to the e-mail address indicated by The CUSTOMER at the time of purchase at least once per month, provided that the monthly payments for the subscription are up to date and made in a timely manner.
6.3 – To assist The CUSTOMER after purchasing the Product, The PROVIDER provides a landline after-sales customer service number + 33 (0) 9 70 170 570, and an email to the customer service of The PROVIDER at [email protected]
7 – WITHDRAWAL POLICY
7.1 – Only in the case of purchases or engagements concluded remotely, The CUSTOMER or non-corporation entity has a period of 14 calendar days, from the date of purchase, to exercise his right to withdraw.
7.2 – The CUSTOMER or non-corporation entity can exercise this right via a letter of withdrawal, or via an email at [email protected] clearly expressing his desire to withdraw, or by filling out the withdrawal form.
The PROVIDER will then issue a withdrawal acknowledgement receipt via email to the e-mail address indicated by The CUSTOMER.
7.3 – This right of withdrawal is exercised without penalty.
7.4 – The PROVIDER will provide a credit of full amount paid by The CUSTOMER for the corresponding PRODUCTS or SERVICES usable for the purchase of any other PRODUCTS, unless the customer expressly objects to this method of reimbursement at the time of exercising his right to withdraw. The reimbursement will be made within a maximum period of 30 calendar days from the date The PROVIDER receives such request of withdrawal and The CUSTOMER’s expressed choice of reimbursement method.
8 – CONTRACTUAL GUARANTEED SATISFACTION – REIMBURSEMENT CONDITIONS
8.1 – Reimbursement conditions applicable to seminars
As a general rule, reimbursement of registration for a seminar is possible only in the following two cases:
– a CUSTOMER who attends a seminar, may express dissatisfaction any time between the start of the seminar and 12 noon of the second day of the seminar, by submitting a detailed written letter, returning at the same time, his/her seminar badge, as well as all documentation received during the said seminar;
– In the event of a no-show, The CUSTOMER may not request reimbursement, except in the case of a demonstrable case of force majeure. Where applicable, the reimbursement will take the form of a credit for the full amount with a validity of 12 months.
8.2 – In certain particular cases, The PROVIDER may guarantee satisfaction for certain PRODUCTS or SERVICES.
This warranty will be indicated on the same page of the WEBSITE as that where the corresponding Product or Service is presented. When such provision is indicated, The CUSTOMER may contact The PROVIDER at [email protected] to request reimbursement.
Personal coaching does NOT carry a satisfaction-guarantee policy.
8.3 – Modification of seminar registration
Seminar registration may only be modified in one of the following cases:
– After having registered for a seminar, The CUSTOMER, who feels he/she may be unavailable to attend at the original schedules dates, may request to transfer his/her registration to a similar seminar proposed at a later date by The PROVIDER, provided the request is received by The PROVIDER at least eight weeks prior the start of the seminar. Only one such request is admissible per seminar. Registrations having benefited from a reduction voucher cannot be rescheduled.
– After having registered for a seminar, The CUSTOMER may wish to transfer the ownership of the registration to another person. The modification of a registration to another person entails administrative fees of 50 euros plus applicable taxes, if the request is made at least six weeks before the start of the seminar, and 100 euros plus applicable taxes, if the request is made less than six weeks before the start of the seminar. No changes are possible less than two weeks before the start of the seminar.
8.4 – Termination of subscription-based PRODUCTS and SERVICES
PRODUCTS and SERVICES offered in the form of a monthly subscription, with continuous service of open-dated duration, may at any time be terminated by sending a notice of termination to [email protected] at least 30 days prior to the termination date. The subscription shall then terminate on the last day of the calendar month where the 30th day of termination notice falls.
The above termination policy for subscription-based PRODUCTS and SERVICES does not apply to other PRODUCTS and SERVICES payable in installments.
9 – LIABILITY
The PROVIDER will ensure proper execution of orders, and where applicable, within the limits of available stocks.
The PROVIDER shall not be held liable for of SERVICES delivered with inadequate quality for any cause attributable to The CUSTOMER, such as the usage of outdated or incompatible hardware or software by The CUSTOMER that may cause poor or non-performance of the delivery of the digital PRODUCTS or SERVICES. Nor shall The PROVIDER be held accountable for cases of force majeure or unforeseeable or insurmountable circumstances from a third party.
10 – SUSPENSION – TERMINATION OF ACCOUNT BY THE PROVIDER
In the case of breach of the provisions of these Terms and Conditions, or the applicable legal provisions by The CUSTOMER, The PROVIDER may suspend or terminate The CUSTOMER account and or the SERVICES, without prejudice to any damages that The PROVIDER may claim. Anyone person or entity whose account has been suspended or closed may not subsequently place orders or create a new account on the Site without prior authorization of The PROVIDER.
11 – STORAGE OF INFORMATION – PROOF
The digitally collected databases of The PROVIDER, kept under reasonable security conditions, will be considered by the parties as valid proof of communication, order, payment and transaction between the parties.
The storage of purchase orders, order confirmations and invoices is carried out on reliable and durable media with secure backups.
The CUSTOMER may obtain access to his/her stored information and related elements by sending a request to [email protected]
12 – MISCELLANEOUS PROVISIONS
The CUSTOMER and The PROVIDER may expressly communicate and accept the possibility of exchanging information via email. The e-mail for communicating with The PROVIDER is currently [email protected] The articles of these Terms and Conditions may be modified, amended to or replaced by The PROVIDER without prior notice from time to time to incorporate any legislative or jurisprudential amendments applicable to PRODUCTS and SERVICES, in particular with relation to electronic commerce and any technical or technological evolution used to improve our WEBSITE. The removal of any of the current provisions of these Terms and Conditions does not invalidate any or all of the contractual provisions previously agreed to.
Refusal or waiver by one of the Parties, of the application of all or part of the terms within the framework of these Terms and Conditions, pertaining to the frequency or duration, may not constitute a modification of these Terms and Conditions, nor give rise to any rights.
13 – SETTLEMENT OF DISPUTES
These Terms and Conditions of Purchase and Use are subject to the laws of United Arab Emirates. If The CUSTOMER is an individual or a non-corporation entity, the laws of United Arab Emirates will apply without prejudice to the application of the mandatory provisions of the laws governing consumers in the country in which the consumer or non-corporation entity resides.
In the event of a dispute, the consumer or non-professional CUSTOMER may opt for conventional mediation or any other alternative dispute resolution method, or apply to the competent courts of his/her lieu of residence. If The CUSTOMER is a company or a corporation, exclusive jurisdiction is that of the courts of DUBAI.
Updated on March 01, 2021