TERMS OF USE

1.- PURPOSE AND SCOPE

1.1.- The purpose of these General Contracting Conditions (hereinafter, the "CONDITIONS"), together with any Special Conditions that may be established, is to regulate the legal relationship arising from the booking of services through the website www.youritalianlanguagecoach.com (hereinafter, the "WEBSITE"), which may be made by any user who complies with the terms established in these CONDITIONS.

1.2.- These CONDITIONS shall be valid for an indefinite period of time and shall apply to all contracts concluded via the WEBSITE. 

1.3.- Any person using this WEBSITE (hereinafter referred to as "USER") shall be bound by the provisions of these CONDITIONS and shall not enter into a contract if they do not agree with any of the terms of these CONDITIONS. Likewise, the provisions of the Legal Notice and Privacy Policy published on the WEBSITE apply to the contracting of services through the WEBSITE.

1.4.- Online contracting of services offered through this WEBSITE is only available to persons who are at least 18 years of age and have the legal capacity to contract. By accepting these CONDITIONS during the contracting process, the USER declares and guarantees compliance with these requirements. 

In cases where the services offered by ANDREA are intended for minors or incapacitated persons, the USER requesting them online must be of legal age and be the legal representative of the minor or incapacitated person.

1.5.- Andrea Polverini, as the owner of the WEBSITE, reserves the right to modify these CONDITIONS at any time, without affecting the contracts concluded through the WEBSITE prior to the modification.

1.6.- The USER is solely responsible for the veracity of all data provided via the WEBSITE's online forms.

2.- IDENTIFICATION OF THE SERVICE PROVIDER

2.1.- The owner of the WEBSITE and provider of the services offered through it is Andrea Polverini (hereinafter, "ANDREA"), with NIF: X5731921E and whose contact details are as follows:

Postal address: Calle Bañeres, 5 - 2 D, 03203 Elche (Alicante - Spain)
E-mail address: andreapolverini@youritalianlanguagecoach.com
Telephone: 627 313 653
2.2.- Further information on the service provider can be found in the "About me" section available on SITE.

3.- DESCRIPTION OF THE SERVICES OFFERED

3.1.- The services offered by ANDREA that can be booked through the WEBSITE consist of various types of coaching services.

3.2.- THE USER can book appointments for coaching sessions online through the WEBSITE.

Bookings will be made for single hours or packages of hours. 

3.3.- Coaching sessions for which an appointment has been booked through the WEBSITE will take place via videoconference.  

4.- BOOKING PROCESS

4.1.- To book online the services offered through the WEBSITE, the USER must access the "BOOK ONLINE" section and select the service of interest.

4.2.- The USER shall then access the online calendar to check the availability of dates and times and confirm their preference.  

Once the choice of date/time for the booking has been confirmed, the USER must fill in a form with the required data, where the fields that must be filled in to complete the booking process are marked with an asterisk. 
 

Once the booking has been made, the USER will receive an e-mail confirming receipt of his/her order (hereinafter, "ORDER CONFIRMATION"). If the USER does not receive the ORDER CONFIRMATION within 24 hours of placing the order, the USER must inform us by e-mail at andreapolverini@youritalianlanguagecoach.com. Reservations for sessions following the trial session shall be subject to payment in advance. 

This WEBSITE offers details of the services whose booking was selected by the USER at the beginning of the process, so that the USER must check that the order details are correct before making payment. If an error is detected and the USER wishes to change the order, the USER may click on the corresponding arrow to return to the previous step and then make the corresponding changes.

4.3.- Before completing the booking process, the USER must take note of the CANCELLATION POLICY.

4.5.- Once the booking process has been completed, the USER consents to ANDREA issuing the corresponding invoice and sending it to him/her in electronic format by e-mail, although he/she may indicate his/her wish to receive a paper invoice via the e-mail address andreapolverini@youritalianlanguagecoach.com.

4.6.- The electronic documents in which the orders are formalised will be archived by ANDREA, and the USER will be able to access them upon request through the e-mail address andreapolverini@youritalianlanguagecoach.com.

4.7.- The booking of services through this WEBSITE may be formalised in English, Italian, French or Spanish.

5.- PRICE AND PAYMENT

5.1.- The prices applicable to the booking of services are exempt from VAT (Value Added Tax), in accordance with the provisions of current legislation governing this tax.  

ANDREA reserves the right to modify the prices of the services, but any variations will not affect the orders for which the ORDER CONFIRMATION has been sent.

5.2.- The USER can pay for the services through the PAYPAL system or by credit card, for which the necessary information must be entered in the form available until the payment process is completed. The payment gateways guarantee encryption of transactions, using advanced encryption technology.

In order to enter the details of a credit card or PAYPAL account, the USER must be the legal owner and have the right to use them. The USER is responsible for the correctness of all data provided for the purpose of payment for the contracted products and/or services. In the event that the payment transaction is refused by the entities involved, the contract shall be deemed not to have been performed.

6.- PERFORMANCE OF SERVICES

6.1.- The performance of the coaching and teaching services will take place on the dates and at the times agreed upon in the reservation.

6.2.- The performance of the service will consist of the execution of the number of hours booked.

6.3.- As the sessions are conducted via video conference, the USER must have a computer, tablet or smartphone with a camera, audio and Internet connection. The video conference will preferably be conducted using the GOOGLE MEET platform or another platform that ANDREA and the USER can agree upon. An attempt will be made to establish communication with the USER by sending an e-mail containing the link to access the video conference. Both ANDREA and the USER are responsible for taking the necessary measures to ensure that the coching sessions take place under conditions that allow the confidentiality of the communications to be preserved.

6.4.- The recording, reproduction or publication by any means whatsoever of the video conferences held in performance of the requested services is expressly prohibited, except with the express prior written consent of ANDREA and the USER.  

7.- RIGHT OF WITHDRAWAL

7.1.- Subject to the exceptions referred to in section 2 of this clause, the USER who signs the contract as a consumer may withdraw from the same, without the need for justification, within a period of 14 calendar days from the date of the conclusion of the contract. 

7.2.- The right of withdrawal does not apply in the following cases:

When the USER does not subscribe to the services offered by ANDREA as a consumer, in accordance with the concept of consumer or user defined in article 3 of Royal Legislative Decree 1/2007 approving the General Law for the Defence of Consumers and Users (hereinafter, LGDCU).
It is understood that the USER does not subscribe to the services as a consumer or user when using the services for commercial or professional purposes.
Once the purchased coaching sessions have been fully executed, in accordance with Article 103.a) of the LGDCU.In this regard, the USER expressly agrees and declares that he/she knows that once the purchased service has been fully performed by ANDREA, the right of withdrawal will cease to exist.

7.3.- In order to exercise the right of withdrawal, the USER must notify ANDREA of its decision to withdraw from the contract by means of an unequivocal declaration (for example, a letter sent by post or email to the addresses indicated in clause 2.1).For this purpose, if he wishes, he may use the withdrawal form template that can be downloaded here, although its use is not mandatory. If the withdrawal form is used, the USER must send it to ANDREA by e-mail.In order to comply with the withdrawal period, it is sufficient for the communication relating to the exercise of this right by the USER to be sent before the expiry of the corresponding period.7.4.- In the event of withdrawal by the USER, ANDREA will reimburse all payments received from the USER without undue delay and, in any case, no later than 14 calendar days from the date on which the USER informs ANDREA of its decision to withdraw from the contract. ANDREA will proceed to make such a refund using the same means of payment used by the USER for the initial transaction, unless the USER has expressly provided otherwise; in any case, ANDREA will not incur any expenses as a result of the refund.

8.- CANCELLATION/RESERVATION MODIFICATION POLICY8.1.- Without prejudice to what is stated in the previous clause, the USER who has booked a service may request ANDREA to cancel it or change the date and/or time up to 24 hours before the booking. 

8.2.- If the USER confirms their wish to cancel the booking, after having communicated their request within the period indicated in paragraph 1, ANDREA will proceed to refund the payment previously received without undue delay, using the same means of payment used by the USER for the initial transaction.

8.3.- If the USER wishes to cancel or modify a reservation after the expiry of the 24-hour limit, they may ask ANDREA to consider it by sending an email to andreapolverini@youritalianlanguagecoach.com, although ANDREA is not obliged to accept it. 

9.- HANDLING COMPLAINTS

9.1.- The USER may send ANDREA any complaint or claim in relation to the purchase of products and/or services by e-mail to andreapolverini@youritalianlanguagecoach.com.ANDREA will contact the USER as soon as possible to respond to such complaints or claims.

9.2.- Similarly, the USER acting as a consumer is informed that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, the USER acting as a consumer has the right to request an out-of-court settlement of consumer disputes, being able to access this via the website: https://ec.europa.eu/consumers/odr/.  

10.- PROTECTION OF PERSONAL DATA

ANDREA, as the data controller, will process the data provided by the USER during the electronic booking process of services in order to carry out the administrative and economic management of such operations, including those necessary for its execution and the maintenance of communications.

The lawfulness of the processing of the personal data of the USER is based on the execution of the entrusted contractual provision, as well as on the compliance with the legal obligations applicable to the data controller in tax matters. The disclosure of the personal data of the USER is a necessary requirement for the formalisation of the contract, as well as for the fulfilment of the aforementioned legal obligations.

In general, the personal data provided by the USER will not be communicated to third parties, unless they are legally obliged to do so. However, the personal data of the USER may be consulted by the hosting provider in charge of hosting the WEBSITE, by the provider of ANDREA's accounting/tax consultancy services, by the providers of the videoconferencing platforms used to perform the services, by the provider of the e-mail and educational platform, exclusively for the proper provision of the services. The USER may consult the privacy policy for the mandatory information on international data transfers resulting from the use of the aforementioned services, as well as for the appropriate applicable guarantees. 

The personal data of the USER will be retained for as long as the contractual relationship is maintained and, thereafter, for the periods of time required by applicable law and for the time necessary to fulfil the purpose for which it was collected and to determine any liabilities that may arise from that purpose and from the processing of the data. 

In the cases and under the conditions provided for by the applicable data protection legislation, the USER may exercise his/her rights of access, rectification, cancellation, opposition, restriction of processing, data portability, opposition to automated individual decisions and withdrawal of consent in relation to his/her personal data, by sending a request to the e-mail address andreapolverini@youritalianlanguagecoach.com, accompanied by a copy of his/her national identity document. 

Likewise, the USER will have the right to lodge a complaint with the Spanish Data Protection Agency, particularly when they have not obtained satisfaction in the exercise of their rights, by writing to the following postal address: C/ Jorge Juan, 6, 28001 - Madrid, or through its electronic office (www.aepd.es). 

11.- GUARANTEES AND EXCLUSION OF LIABILITY

11.1- ANDREA will observe due professional diligence in the provision of the services offered, looking after the interests of the USERS at all times. 

11.2- The USER acknowledges and accepts that the contracting of services through the WEBSITE is the sole responsibility of the USER.

ANDREA will not be responsible for the lack of availability, technical incidents or operating errors that may occur in the use of the Internet, telecommunications networks and videoconferencing platforms used to perform the services.

11.4. - ANDREA shall not be liable for any failure, impediment or delay in the execution of a service attributable to events beyond its reasonable control (hereinafter, "force majeure"), including, but not limited to, any natural catastrophe, civil commotion, war, national emergencies, terrorism, piracy, strikes, lockouts, epidemics/pandemics, accidents, non-existence or problems in the provision of public services (including electricity, telecommunications or internet supply incidents), shortage or non-existence of supplies, materials, equipment or transport, etc. 

12.- PARTIAL NULLITY

In the event that any of the terms of these CONDITIONS are declared null and void by a final decision issued by a competent authority, the remaining terms shall remain valid and in force. 

13.- APPLICABLE LAW AND JURISDICTION

13.1.- The relationship between ANDREA and the USER arising from the contracting of services through the WEBSITE shall be governed by Spanish law. The above shall not deprive the USER who is not resident in Spanish territory of the protection conferred by the mandatory provisions of their country of habitual residence.  

ANDREA and the USER submit, for the resolution of any conflict or dispute and renouncing any other jurisdiction, to the competent Courts and Tribunals of the domicile of the USER, provided that the USER acts as a consumer. Otherwise, the jurisdiction will be of the Courts and Tribunals of the city of Elche (Spain). 

Similarly, when the USER acts as a consumer, both parties may submit their complaints through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/.