Terms of sale
1. INTRODUCTION AND DEFINITIONS
1.1 The website www.megaitaliamedia.it (hereinafter the "site"), owned by Mega Italia Media srl, with registered office in via Roncadelle 70 / A - 25030 Castel Mella (Brescia) - Tel. +39 030 2650661 - Fax +39 030 2151005 - E-mail: firstname.lastname@example.org - VAT number: 03556360174, (hereinafter "Mega Italia Media") presents the catalog of all products and services marketed by Mega Italia Media (hereinafter collectively, also with reference to products and services provided exclusively online, defined as "products".
1.2 the Customer: by customer we mean the professional subject, the company or a private / consumer that has an interest in obtaining the products and training services in the field of health and safety at work provided by Mega Italia Media srl.
1.3 MIM means Mega Italia Media srl;
1.4 Products and services are educational content provided by MIM on physical content (manuals, DVD media, USB media, CD-ROMs, software, video courses, video lessons, equipment) and / or delivered online;
1.6 The concluded contract will be filed through an electronic system and will be accessible to MIM personnel who need to know it and verify it in relation to the execution of the contract, to any third parties that MIM uses for the execution of the contract itself and to the legitimate recipients of the contract. pursuant to current legislation.
2. SUBJECT OF THE CONTRACT
2.1. The premises are an integral part of these general conditions
2.2 The contract relates to the supply of licensed products and / or training services in the field of health and safety at work provided by MIM and / or its partners with the legislative requirements.
3. PRICES AND PURCHASE METHODS
3.1 All sales prices of the products and services displayed and indicated on the website are exclusive of VAT and all other taxes.
3.2 The VAT rates are as follows: CD-ROMs, DVDs, software, video courses, video lessons equipment and principals and manuals produced and edited by MIM: VAT at 22%; brochures: VAT at 4%; volumes of other publishers: VAT exempt.
3.3 The prices indicated in the online catalog remain in force until the publication of the next catalog, however it is not excluded that any changes may change the prices applied to the Customer. The prices shown on the site are those valid at the time of purchase by the customer, subject to shipping and transport costs and VAT.
The customer will be charged for the cost of shipping, which varies according to weight, size and destination (on Italian or foreign territory); as far as the destination abroad is concerned, MIM will check the additional costs relating to the State in which the delivery will be made and communicate the costs to the customer for its specific acceptance.
3.4 The contract is concluded through the exact compilation and consent to the manifested purchase pursuant to art. 1326 c.c. through online membership, all subject to point and click acceptance of these general conditions and, with subsequent adhesion and specific approval of the same, always in point and click mode, pursuant to art. 1341 and 1342 c.c.
3.5 The minimum order that can be carried out is 25 euros net and may include the purchase of several items. For some items the minimum order refers to a minimum number of pieces that can be ordered.
3.6 The customer can pay for the goods ordered using the payment services indicated at the time of purchase:
- with Cash on receipt of goods, pursuant to Legislative Decree n.201 / 11 the limit below which the transferability of cash and 'free' checks (transferable) is allowed is reduced to 1,000;
- with Credit Card of Visa and Mastercard circuits, with transaction managed in SSL128 Bit encryption by Banca Sella GestPay;
- by bank transfer in advance to the IBAN coordinates IT51K0306955130100000002182, Banca Intesa San Paolo IMI, payable to: Mega Italia Media srl, via Roncadelle 70 / A - 25030 Castel Mella (Brescia);
- with your PayPal account;
- (only for schools and public bodies) with Postal Bulletin headed to C / C 32449258 in the name of Mega Italia Media srl
3.7 The tax documentation relating to the products ordered will be issued by MIM upon completion of the payment.
3.8 If the Customer is in possession of a VAT number and wishes to receive an invoice in his own name, he must indicate this request in the order by filling in the appropriate fields.
4.1 By completing the appropriate form on the website of the banking payment system, the Customer authorizes MIM to use its own credit card and to debit the total amount shown on the purchase account in favor of MIM as the cost of the purchase.
4.2 The entire online payment procedure is implemented via a secure connection directly connected to the bank owner and manager of the payment service to which MIM cannot access.
4.3 At no time during the purchase process MIM is able to know the information relating to the buyer's credit card, as they are entered directly on the website of the person who manages the transaction with very high security systems. No computer archive of MIM contains or retains such data.
4.4 Under no circumstances will MIM be held responsible for any fraudulent and / or improper and / or unlawful use of credit cards by third parties when paying for products purchased on its site.
4.5 In case of subsequent non-acceptance of the order by MIM (also due to the unavailability of the requested product or service), the same will contextually request the cancellation of the transaction and the release of the amount committed resulting in repayment of the customer.
4.6 Release times for some types of cards depend exclusively on the banking system. Once the cancellation of the transaction is requested, under no circumstances will MIM be liable for any damages, direct or indirect, caused by delays in releasing the amount committed by the banking system.
4.7 By completing and sending the personal details file on the site necessary to activate the process for the execution of the contract, the Customer authorizes MIM to communicate the data (eg headquarters, telephone number, etc.) to its suppliers, technical and administrative, in order to allow the implementation of the procedures necessary for the fulfillment of the contract.
4.8 MIM reserves the right to request additional information from the customer and / or to send a copy of the documents proving the ownership of the credit card used for the transaction. In the absence of the required documentation, MIM reserves the right to refuse the order.
5. EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY
5.1 MIM will deliver the selected and ordered goods and / or services to customers, in the manner set forth in art. 3 of the present general conditions, by express courier with debit on the invoice of the relative shipping costs or, in the case of intangible products, with the electronic methods provided by the service descriptions.
The estimated delivery times are around 2/4 working days for Italy and 6/8 working days for the islands, except for the unavailability of stock material in which case delivery times could reach 10/12 working days for Italy and 14/16 working days for the islands.
Delivery date means the date relative to the first attempt by the courier to deliver the goods to the destination address indicated by the customer, even if the attempt is not successful due to the absence of the recipient or refusal of the goods.
5.2 To carry out the courses in e-learning mode, MIM will activate the selected and ordered courses for the clients (providing them with the necessary passwords), within a maximum period of 7 working days from the payment collection date and from the compilation and upload / sending all the necessary documents, using the electronic methods provided by the service descriptions.
5.3 For the execution of the courses to order (according to the specific needs of the client that are not included in the offers published on the site) Mega Italia Media will formulate a customized quote according to the requests of the companies that will be sent to the applicants within a maximum period of 10 working days from request.
6. OBLIGATIONS, RESPONSIBILITIES AND RELATIVE EXEMPTIONS
6.1 MIM reserves the right not to accept incomplete or not properly and / or correctly filled orders.
6.2 In case of non-execution of the order due to unavailability, exhaustion, suspension or cancellation of the goods or of the service ordered by the Customer, MIM will provide as soon as possible to inform the Customer, reimbursing the sums they may have already paid for the non-performed supply , with express renunciation on the part of this to possible requests for compensation and / or compensation.
6.3 In the event that, within 10 days of delivery of the purchased goods, faults and / or defects occur
6.3 In the event that, within 10 days of delivery of the purchased goods, faults and / or defects appear on the product supplied, the Customer may contact MIM requesting, at his choice, repair or replacement of the goods, unless the remedy requested is objectively impossible or excessively burdensome, or, if the prerequisites exist, the reduction of the price or the termination of the contract with relative reimbursement of the price and without any claim for compensation.
The complaint of the defect must be made within 3 days of the discovery, under penalty of forfeiture, and in the case of physical support the latter must be returned to MIM perfectly intact and with the original packaging.
MIM reserves the right to charge the customer for any costs incurred for the verification of the product and for the shipment of the same, if it proves to be intact and functioning or without the defect complained of and referable to the date of delivery, differently from what was declared by the customer.
6.4 In the event that the Customer recognizes, within 3 days of delivery of the goods, a lack of conformity with respect to the order, it is his right to request the replacement with a compliant product or, otherwise, in the event of unavailability, the refund of the price without no claims for damages. However, it is the Customer's responsibility to prove that it is a lack of conformity existing at the time of delivery of the product.
6.5 MIM is free from any liability for loss or damage (damage) of the goods from the moment in which the same is delivered without reservation to the carrier for transport. The Customer, therefore, from the moment he receives the damaged goods or requests them to be returned to the carrier, has direct and exclusive action against the carrier itself. The latter is also responsible for the delay in delivering the goods to the recipient.
The Customer, in the event of obvious damage to the goods during transport, has the burden of placing reservations with respect to the things transported at the time of delivery, under penalty of forfeiture. In the event of partial loss or damage that cannot be recognized at the time of delivery, the Customer must report the damage just met and no later than eight days from receipt.
6.6 All the training courses offered on the site in e-learning mode, as well as the educational content provided on physical media, comply with the regulations in force on health and safety at work on the date of their provision.
6.7 MIM will proceed with the provision of the guarantees referred to in the preceding points without any time obligation and within the limits of the availability of its own structure or of the structure of third parties which it uses.
6.8 The warranties referred to in the preceding points do not operate if the operation results from unsuitable use or use not in accordance with the indications of the support, from accidental causes, unforeseeable circumstances, force majeure and from any cause not attributable to MIM.
6.9 The customer expressly agrees that the use of the support containing MIM's products and training services is at his sole risk.
6.10 The support containing MIM's training products and services is provided as is.
6.11 MIM is expressly exempted from any warranty, expressed or implied, including the guarantee of suitability of the product to fulfill particular purposes.
6.12 Under no circumstances will MIM be held liable for direct or indirect damages (including also damage from loss or loss of earnings or savings, business interruption, loss of information or data and other economic losses) that are derived from the customer or from third parties from the use or non-use of the support containing the training goods and services even if MIM has been warned of the possibility of such damages. In any case, the liability of MIM is limited to a maximum amount of Euro 50.00.
6.13 The information contained in the products and training services are a collection of general safety procedures obtained from reliable sources available at the date of production.
6.14 MIM, indeed, does not ensure that every possible security procedure is contained in the support containing the educational material and therefore the choice of the most suitable didactic content according to the specific needs is left to the customer's responsibility.
6.15 The customer undertakes and, once the purchase procedure has been completed, undertakes to print and keep the present general conditions, which, moreover, will have already viewed and accepted as a necessary passage in the purchase.
6.16 These general terms and conditions can be updated or modified at any time by MIM who will communicate it through the normal communication channels on the site.
6.17 MIM undertakes to do everything in its power to provide training products and services on an ongoing basis, but offers no guarantee that they will not be susceptible to suspension or interruption. In this case any liability is declined. The information and materials relating to the services provided are processed, reviewed and updated with accuracy, completeness and adequacy: no guarantee, neither expressed nor implied, is provided for any errors, omissions and / or inaccuracies in the information and material, or in the results from they can be obtained. MIM cannot be the object of claims attributable to errors, omissions and / or inaccuracies regarding the information and / or material contained in the products and training services, nor can it be held responsible for any direct / indirect, particular / incidental and / or consequential within the limits of art. 1229 of the civil code due to the use of such information and material.
6.18 It is strictly forbidden for the purchaser to enter false and / or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively their real personal data or their own company data and not of third parties, or of fantasy.
6.19 It is expressly forbidden to make multiple registrations corresponding to the same person or enter data of third parties. MIM reserves the right to prosecute any violation and abuse. The Customer releases MIM from any liability deriving from the issue of incorrect tax documents due to errors in the data supplied by the Customer, being the Customer solely responsible for the correct insertion.
6.20 The Customer undertakes to comply with the Code of Ethics of Mega Italia Media published on the company's website www.megaitaliamedia.com Compliance with the provisions contained in the Company's Code of Ethics is an integral and substantial part of the contractual obligations set out in the contract governed by the present conditions. Violation of the Code of Ethics will entail the legal termination of the contractual relationship as established by the art. 7 of these conditions pursuant to art. 1456 of the Civil Code, as well as the full right of MIM to claim compensation for damages suffered due to the damage to its image and integrity. MIM will communicate in writing to the Contracting Party the willingness to take advantage of this clause. Any communication relating to any non-compliance with the code of ethics or responsibility pursuant to Legislative Decree no. 231/2001 may be made to MIM's Supervisory and Control Body at the following address: email@example.com. Confidentiality will be assured as well as anonymity on any information received by the aforementioned organization.
6.21 Before purchasing an e-learning training service, the customer has the responsibility to verify that the legislation (for example regional) applicable to him or that his National Collective Labor Contract does not provide for methodological differences and / or content with respect to the courses offered on the site. MIM does not provide any advice regarding the training needs of customers: the responsibility for the correspondence of the contents to the needs of the customer is entirely borne by the purchaser himself. MIM is therefore not responsible for courses incorrectly purchased by the Customer, due to incorrect or inadequate information acquired by it.
6.22 In the event that the training courses covered by the contract provide for a final verification in the presence, MIM, in the event of failure to pass the verification by the participant, will allow the latter to access another and subsequent examination session at an additional cost which will be subject to separate quotation by MIM.
7. CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
7.1 MIM has the right to terminate the stipulated contract by giving simple communication to the customer with adequate and justified reasons; in this case the customer will only be entitled to a refund of any sum already paid.
The obligations assumed by the client pursuant to art. 6, the guarantee of successful payment that the customer makes with the means referred to in art. 3, as well as the protections pursuant to the following articles 8, 9 and 10 are essential, so that by express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the termination of the contract by law, without the need for judicial ruling. In this case a penalty equal to 100 times the value of the contract terminated will be applied.
8. TRAINING CONTENTS IN LICENSE OF USE
8.1 The products and training services on any support they are provided (CDs, DVDs, USB supports, manuals, files, e-learning training courses, etc.) and all the related documentation are licensed for use by MIM or from its authorized points of sale for an indefinite period.
As a licensee, the customer is the owner of any physical support on which the educational content was originally paid and, therefore, MIM maintains the property and any other rights that can be differently qualified on the original material and on any subsequent copies.
It therefore follows that the MIM educational material contained in this package and the copies of it that this license authorizes to make are subject to this license.
8.2 This license entails for the customer the only faculty of use, as an end user, of the teaching material according to the methods described in this article and according to the additional conditions and warnings that may be present on the packaging, in the user manual, in the electronic documentation or in the online documentation related to the teaching material.
MIM transmits to the client the non-exclusive and non-transferable right to use the contents of the teaching material.
8.3 With specific reference to the didactic material poured on multimedia support, the present license of use allows to install and / or use the educational material MIM srl on a single device at a time. It is permissible to make a backup copy of the educational material transferred to the MIM multimedia support, within the limits set by art. 64 ter, paragraph 2, law 22 April 1941 n. 633. The support containing this copy must be kept with diligence in order to prevent its installation or in any case the use by anyone and the transfer of the content in any way or form to third parties. The supporting copy must contain all the copyright information contained in the original.
8.4 The user is not authorized to develop products or multimedia applications and not based on MIM educational material, any authorization may be granted by MIM on the basis of another and different written agreement.
8.5 Except as permitted by this license, it is not permitted to decompile, disassemble, assemble on its own, modify, lease, sub-license, loan, loan, distribute or obtain entities derived in whole or in part from the teaching material MIM or broadcast it on the network.
8.6 MIM teaching material is licensed for use as a unitary product. Its individual component parts cannot be separated for use in separate processing environments or by subjects other than those authorized.
8.7 The Customer is not authorized, except for different and separate agreement, to transfer or assign the license to use the educational material in any capacity.
Safety trainers are allowed to make use of teaching material also with third parties, provided that the latter are the direct recipients of the training.
8.8 These terms and conditions of use license also apply to the versions of the update of the support as well as to the improvements and modifications of the same, the possible purchase by the customer of the right to use updated versions of the support does not confer the right to increase the number of usable copies.
9. AUTHOR'S RIGHT - INDUSTRIAL AND INTELLECTUAL PROPERTY
9.1 MIM has the exclusive trademark and is the owner of the domain www.megaitaliamedia.it regardless of the purpose, any use of them in contrast with the law is prohibited and will be legally pursued.
9.2 MIM has exclusive ownership of all parts of the site, all included and none excluded, such as, by way of example only, logos, images, texts, course content.
9.3 According to the law on copyright, any commercial use of goods and services by third parties, total or partial reproduction, reprocessing, transmission in any form or by any means without prior written authorization from MIM is prohibited.
9.4 The download and use of material protected by copyright made available by www.megaitaliamedia.it is permitted only for lawful purposes and in compliance with the laws on intellectual property: the Customer, responsible for preserving the secrecy of the assigned password, holder due to the registration of a personal and non transferable right to access the reserved area, undertakes to indemnify and hold MIM harmless from any and all claims and / or claims arising from the use and / or abuse of third parties .
9.5 MIM reserves the right to suspend the username or password assigned to the customer if it considers existing or highly probable a security problem or an unauthorized use.
9.6 The support containing the educational material covered by these conditions is also protected by laws, by decrees, by regulations and by any other applicable national provision, in particular by the laws on copyright and intellectual property, as well as by the Community rules and by international treaties on the subject as applicable.
9.7 Support, every copy and every part or element of it (including, by way of example and not exhaustive: each image, icon, photograph, animation, video, music, text), any text or image printed on documents enclosed with the internal to the same, the electronic and "online" documentation relating to the support, are the exclusive property of MIM and cannot be reproduced by the user in any form or manner. All rights to trademarks, product names and any other distinctive signs are reserved for MIM.
of the support containing the educational material to specific laws or regulatory norms, this compliance, without however wanting to grant different or wider guarantees with respect to those referred to in article 3, must be deemed to exist from the date of placing the product on the market.
9.8 Since legislative or regulatory changes are always possible, as well as changes in the interpretation of rules, and also considered that any changes and changes would make the support in the user's possession no longer complies with these regulatory provisions, the user undertakes from time to time to ascertain whether the intended use of the support is in compliance with the relevant legislation, refraining from use in case of doubt regarding compliance with the law for the use it intends to implement.
9.9 The contents of the training services are subject to intellectual and industrial property rights belonging to MIM (except for manuals prepared by third parties and presented for sale by MIM) and are protected by the laws in force in civil and criminal matters, with particular reference to reference to the art. 615 ter e ss. of the penal code. No use other than that indicated in these general conditions is granted.
9.10 The customer will refrain from any use of the contents in competition with the economic utilization rights due to MIM.
10. ASSIGNMENT AND TREATMENT OF PERSONAL DATA
10.1 Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications. These data are processed electronically in compliance with the laws in force and may be shown only at the request of the judicial authority or other authorized authority authorized by law.
11. RIGHT OF WITHDRAWAL
11.1 This clause applies only to the private individual who makes the purchase as a consumer pursuant to Legislative Decree 206/2005.
11.2 The customer / consumer who for any reason intends to exercise his right to change his mind about the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from the day of receipt as regards the assets.
11.3 With reference to e-learning training courses, since it is digital content provided through non-material support, the right of withdrawal cannot be exercised.
11.4 All the costs of returning the products are expressly at the expense of the Customer, who, through his own shipping company, will forward them to the MIM headquarters no later than 14 days from the date of exercise of the right of withdrawal.
11.5 All items must be received in the same condition of receipt, perfectly intact, complete with the original packaging and any manuals, without any loss. The customer is therefore held responsible for the decrease in value of the goods resulting from the handling of goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The exercise of the right of withdrawal for the supply of sealed audio / video recordings and / or computer software sealed and opened after delivery is excluded
11.6 The customer may not exercise this right for products made to specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
Mega Italia Media srl, informs the customer that the right of withdrawal can be exercised at the choice of the same by filling in and sending by fax, or telegram, e-mail or pec of a specific withdrawal form downloadable from the following link, followed within 48 hours of a registered letter ar; or by sending the sending by fax, or telegram, e-mail or e-mail of any other equivalent declaration provided that it explains the customer's decision to exercise the right of withdrawal, followed within 48 hours by a registered letter a.r. A small comment on the incident is welcome, although not necessary and mandatory.
11.7 To facilitate the return operations to the consumer who manifests his withdrawal, an identification number will be communicated to return the goods by e-mail. This number will facilitate the return operations of the goods and the communications between the Customer and the Company.
11.8 MIM will credit any amounts paid by the customer including delivery costs within 14 days of receipt of the withdrawal notice by bank transfer; the Customer may communicate his bank details (IBAN of the invoice holder) to Mega Italia Media srl which will make the remittance of the amount due.
12. CAUSES OF FORCE MAJEURE
12.1 MIM cannot under any circumstances be held liable towards the customer or third parties for the delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example only, and not mandatory, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes, and even non-business lockouts, acts of war, embargo, impossibility of transport, suspensions or telecommunication problems, lightning strikes, plant failures not attributable to MIM, interruptions or overload of energy flows , breakdowns, or interruption of telephone lines attributable to the activity of the operator (or concessionaire) of the lines themselves, as well as interruptions or suspensions not attributable or in any way independent of the will of MIM or deriving from third parties.
13. JURISDICTION AND JURISDICTION
13.1 Any dispute regarding the application, execution, interpretation and violation of contracts governed by these general conditions is subject to Italian jurisdiction. Any dispute between the parties regarding this contract will be the exclusive responsibility of the Court of Brescia.
13.2 In the case of a contract signed with the consumer, the rules of the Consumer Code (Legislative Decree 206/2005) and subsequent amendments apply.
S_COM_37 Rev. 03 of 31/10/2018