Terms & Conditions of sale
1. PREMISES AND DEFINITIONS
In these "General Terms and Conditions of Sale", the following words and phrases shall have the following meanings:
For "Customer" means the person, company or entity that purchases Melissa Mattiussi's products or services;
for “Melissa Mattiussi” the company is meant:
Melissa Mattiussi
VAT number 00985040146
C.F. MTTMSS77P61I829U
Via dello Stadio 44 - 23100 Sondrio
For “Contratto” si intende il contratto di compravendita tra
Melissa Mattiussi and Customer;
For "Products" means all the products, goods and services agreed in the request of this contract or provided by Melissa Mattiussi to Customer.
These general terms and conditions of sale govern the sale of products and services through the website. www.melissamattiussi.it and affiliated sites of Melissa Mattiussi, between Customer and Melissa Mattiussi.
2. PRIVACY AND TERMS OF USE OF THE SITE
By accepting this contract, the Client declares to have read and fully accepted also the privacy policy, the cookie law and the terms of use, visible at this link:
https://www.melissamattiussi.it/privacy-policy/
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https://www.melissamattiussi.it/cookie-policy/
3. CONTRACT REFINEMENT
The Contract is considered concluded at the time of receipt, by the Customer, of the confirmation email for order booking or payment received.
Such payment or acceptance is technically possible only after the full viewing and acceptance of this contract by the Customer.
The client hereby indemnifies Melissa Mattiussi from any compensation, damages or liability for direct and/or indirect damages to persons and/or things caused by the non-acceptance, even partial, of an order.
4. AVAILABILITY OF PRODUCTS AND SERVICES AND DELIVERY TIMES
– Digital products will be released immediately after payment, unless there are temporary technical malfunctions. The customer will receive an email notification.
– In case of non-receipt of the email, Melissa Mattiussi cannot be held responsible under any circumstances. Just contact through one of the contacts in the "contacts" section of this contract to get instructions for the download.
– Services such as courses, coaching, and other remote meetings will be carried out according to the schedules presented to the customer before the purchase.
– In the case of products that require physical shipping, Melissa Mattiussi will deliver the purchased products to customers through trusted couriers.
In the case of products that require physical shipping, delivery times, when indicated, are provided for informational purposes only.
In any case Melissa Mattiussi undertakes to deliver the products ordered and confirmed within 30 working days from receipt of payment (for Italy) and 90 days for abroad.
Beyond such terms, the Customer shall be entitled to a refund exclusively of the sums already paid, unless the user has failed to receive the Product by his choice or responsibility (e.g. wrong address, refusal to accept packages, etc.).
5. PURCHASE AND PAYMENT METHODS
To purchase the Products, the Customer must first enter his email address and then fill in the billing information.
The client is required to enter data that is actually his own and to enter his real identity.
All prices indicated on the website are the actual figures that the Customer must bear, net of any shipping costs when applicable (only in the case of Products with physical shipping), however properly indicated in the cart before payment.
The VAT is automatically added based on the customer's residence state.
The customer can pay with PayPal, Credit Card or Bank Transfer (in advance), at the moment when this option appears in the cart after entering the product.
If not all payment options appear for some Products, it means that they are not all available for that Product.
In the case of purchase with Credit Card or PayPal, Melissa Mattiussi does not save any data related to the customer's card. The card data is managed directly by the credit card management service.
The connections with the service manager always take place on secure servers with HTTPS encryption.
In any case in the case of payments by bank transfer, the Customer undertakes to pay the amount due within 10 working days from the moment of booking the order.
In case of special offers with deadline paid by bank transfer, the price remains valid only if the bank transfer is made by the offer's expiration date and an email is sent to Melissa Mattiussi's email address with proof of payment (the CRO may be fine, a copy of the receipt, or a screenshot of the e-banking screen).
Wire transfers that arrive later may be considered as a down payment on the "full" price of the Product in question, at the discretion of Melissa Mattiussi.
6. RIGHT OF WITHDRAWAL (CASE PHYSICAL PRODUCTS, WITH SHIPPING)
For physical products (shipped to home), the Customer can withdraw from the order made within 14 solar days from the day of receiving the product itself.
In this case it is necessary to send a registered letter to the address of Melissa Mattiussi indicated in the CONTACTS section and then agree via email on the methods of withdrawal and return of what has been paid, according to current regulations.
To exercise the right of withdrawal, the Customer must communicate his intention before the expiry of the 14 calendar days.
Furthermore it is necessary that the physical product be returned (thus arrive physically) to Melissa Mattiussi.
Such right, as per legislative decree 21 of 21/02/2014, protects the Customer "natural person", therefore it does not apply in the case of individuals who are both physical and legal persons acting "for purposes attributable to the activity carried out" (both companies and professionals).
The return costs of the Products are borne by the Customer, as well as the risks associated with the transport and return of the items.
7. RIGHT OF WITHDRAWAL (DIGITAL PRODUCTS AND LIVE EVENTS CASE)
The customer is aware that the right of withdrawal does not apply (except for special exceptions written in the "100% satisfied" guarantee) in the case of supplying:
– Digital products provided through a non-material medium, such as Mp3s, ebooks, access to reserved areas, video courses, when the Customer logs in to the website (and can potentially access their reserved area and use it);
– Services and Consulting, only from the moment the Client starts to benefit from the service or consulting itself;
– The purchase of live events, from the moment the event has started or from the moment the Customer logs in to the site (and therefore can potentially access their reserved area and enjoy the content provided to support the event), depending on what happens first;
However, in cases where it is expressly written on the Product presentation pages, Melissa Mattiussi offers a warranty that enhances Customer rights, with the warranty called "100% Satisfaction Guarantee".
8. WARRANTIES ON SOLD PRODUCTS (WITH PHYSICAL SHIPPING)
The Legal Guarantee - to which Melissa Mattiussi is held as a seller - guarantees the good against defects of conformity with respect to the sales contract, and applies only to Products that require physical shipment.
For the rest, it acts according to the legislation of Legislative Decree no. 24 of 2/2/2002
In this case, the regulations and protections for the Client change depending on whether the Client is a "consumer" or a "professional", as regulated by Directive 1999/44/EC.
It is specified that in order to benefit from this warranty it is necessary to keep the proof of purchase.
9. CUSTOMS
If the Products were to be delivered outside of Italy, the Customer may be subject to customs duties and import taxes.
The client accepts from now on that any additional customs clearance costs will be at his own expense.
10. COPYRIGHT
The products provided are subject to copyright protection.
The content cannot be reproduced or used without citing the source.
The content cannot be commercialized or transferred to third parties by the customer who purchased them.
11. CONTENT USAGE PERIOD
The digital contents will remain available for:
- 180 days for the Video Courses of "Yoni Gold", "DEA Academy", "Happy Menstruation" and "Happy Menopause".
- 60 days for the "Yoni Basic" Video Course.
After that they will no longer be visible and accessible with the
purchased credentials.
The client accepts that the images of the Products published on Melissa Mattiussi's websites are purely indicative;
Melissa Mattiussi is not responsible in case of temporary impossibility to access the services and websites accessible via the Internet determined by causes attributable to the reference provider or other network anomalies. These circumstances will therefore not constitute a contractual breach on the part of Melissa Mattiussi;
Melissa Mattiussi is not responsible in case of temporary impossibility to access the services and websites accessible via the Internet determined by technical problems of the site, when these persist for a period of less than 30 solar days for all users trying to access the site. If the anomaly is less than 30 solar days, this circumstance will not constitute a contractual breach on the part of Melissa Mattiussi;
Melissa Mattiussi is not responsible and cannot guarantee the usability of the services with any available technological platform and browser: in case of issues, the Client can contact Melissa Mattiussi in the section.
CONTACTS, and Melissa Mattiussi will suggest to the Client the most suitable hardware/software configuration to properly enjoy the services;
The client understands and agrees that the courses and seminars proposed by Melissa Mattiussi deal with very different topics. Therefore, the client is required to consider any content promoted on our sites as the OPINION of the authors themselves, provided only for entertainment and personal culture purposes, especially when it comes to topics such as earning opportunities, well-being, diets, and general health.
The client understands and agrees that NOTHING of what is contained on the website or disclosed during the seminars should be construed as medical or psychological advice, or as a promise of easy earnings.
The client understands and agrees that we cannot offer any guarantee on the client's ability to achieve concrete results in his life using the techniques included in the published courses, nor that the cases shown by the authors are necessarily replicable.
13. UPDATE OF SALES CONDITIONS
Note: this document was last updated on 18/05/2023
Melissa Mattiussi reserves the right to modify and/or update these general sales conditions at any time without having to give any communication to customers who have made a purchase before the update date.
It is the responsibility and good care of the Customer to foresee printing this contract at the time of making a purchase.
14. EXPRESS TERMINATION CLAUSE
Melissa Mattiussi reserves the right to terminate the contract entered into with the Client by simply communicating it to the same, indicating the reasons; in this case, the Client shall be entitled exclusively to the refund of any sum already paid.
The obligations assumed by the Customer are essential and, therefore, the non-fulfillment, on the part of the consumer and/or customer himself, even of only one of these obligations, will result in the automatic termination of the contract pursuant to art.1456 c.c. (without prejudice to Melissa Mattiussi's right to take legal action for compensation for further damages).
15. CONTACTS
VAT number 00985040146
C.F. MTTMSS77P61I829U
Via dello Stadio 44 - 23100 Sondrio
16. APPLICABLE LAW AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of these conditions through Melissa Mattiussi's website and affiliated sites will be subject to Italian jurisdiction;
Client, when acting as a Consumer according to Directive 1999/44/EC, may bring an action before the courts of the Member State of the European Union in which he is resident or domiciled;
If the Client is a “company”, “professional” or in all other cases, the competent court will be in Sondrio, Italy.
17. WAIVER
Every right of the Customer to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by goods purchased or services provided by Melissa Mattiussi, whether for consideration or free of charge, is excluded.
18. MINORS
Melissa Mattiussi cannot sell to minors. If the Customer is under 18 years old, they can only make a purchase by involving a parent or guardian.
19. FINAL PROVISIONS
The possible nullity or ineffectiveness of one or more of these provisions has no influence on the binding nature of the remaining provisions.
The following General Terms and Conditions are drawn up exclusively in Italian.
