The Consumer Purchaser expressly declares that he/she is making the purchase for purposes unrelated to his/her commercial or professional activity.
Identification of the Supplier
The goods covered by these general conditions are offered for sale by Rhinocoaching srls with headquarters in Via Gesualdo Bufalino 12, 00139, RM, registered with the Rome Chamber of Commerce in the Register of Companies, VAT number 14665931003 hereinafter referred to as “Supplier”.
The Book “Culturismo – The Complete Guide” is sold in the name and on behalf of Ludovico Lemme as an individual resident in the United Kingdom and as an English legal entity. The relevant invoicing and taxation are applied in the English territory.
1.1. The expression “online sales contract” means the sales contract relating to the Supplier’s tangible movable property, concluded between the Supplier and the Purchaser as a consumer within the framework of a distance sales system using telematic instruments, organised by the Supplier.
1.2. The term “Consumer Purchaser” refers to the natural person who makes the purchase referred to in this contract for purposes that are not related to any commercial or professional activity carried out. The term “business purchaser” is different from the term “business purchaser”, which makes purchases on behalf of its commercial or professional activity.
1.3. The expression “Supplier” means the subject indicated in the epigraph or the subject providing the information services.
Objects of the contract
With this contract, respectively, the Supplier sells and the Purchaser consumer purchases at a distance by telematic means the training program in eBook format (ISBN: 9788894453270) via the website: https://rhinoathletics.eu/. The purchase is made through the choice of a complimentary item of clothing. For each item, a different variation of the Rhinoathletics programme is identified, thus justifying the different price.
The contract may cover the book “Culturism – The complete guide” ISBN: 9788894453294.
Arrangements for entering into the contract
3.1. The contract between the Supplier and the Consumer Purchaser is concluded exclusively through the Internet by means of access by the Consumer Purchaser to the address https://rhinoathletics.eu/ where, following the procedures indicated, the Consumer Purchaser will arrive to formalise the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded with the exact completion of the request form and the consent to the purchase expressed through the acceptance sent online or by filling out the form/form attached to the electronic catalogue online at https://rhinoathletics. eu/cart/ and the subsequent sending of the form/form itself, always after displaying a printable web page summarising the order, in which the details of the orderer and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal are shown.
4.2. When the Supplier receives the order from the Purchaser consumer, he sends an e-mail confirmation or displays a printable web page confirming and summarising the order, which also contains the data referred to in the previous point.
4.3. The contract is not considered to be finalised and effective between the parties in the absence of what is indicated in the previous point.
Payment, refund and return
Any payment by the Purchaser-consumer may only be made by one of the methods indicated on the relevant web page by the Supplier. The item can be returned within 14 days of receipt of the item by sending back the good/item intact (label intact, not used, not washed) and in its original packaging. Once the goods have been received and assessed for conformity, the Supplier will refund the purchase price.
The purchaser may make use of the possibility of collecting the goods from his home (at his own expense) by agreement with the supplier.
Time and method of delivery
6.1. In the case of gifts or goods to be shipped, the Supplier shall deliver the products selected and ordered, according to the methods chosen by the Purchaser consumer or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point.
The tangible goods shipped must be considered as a quid pluris “gift”, extraneous to the contractual relationship and to be considered free of charge.
6.2. Shipping times may vary from the day the order is placed to a maximum of 7 working days from confirmation of the order. In the event that the Supplier is not able to dispatch the goods within the aforementioned period, but in any case within the period indicated in the following point, the consumer Purchaser will be notified promptly by e-mail.
7.1. All the sales prices of the products displayed and indicated on the website
7.1. All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sales prices, as per the previous point, are inclusive of VAT and any other tax. Shipping costs and any additional charges (e.g. customs clearance), if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser-consumer submits the order and also contained in the web page summarising the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Availability of the products
8.1. The Supplier ensures, through the telematic system used, that orders are processed and executed without delay. To this end, it indicates in real time, in its electronic catalogue, the number of products available and those not available, as well as the shipping times.
8.2. If an order exceeds the quantity in stock, the Supplier will inform the Purchaser-consumer by e-mail whether the goods can no longer be reserved or what the waiting time is to obtain the chosen goods, asking whether he intends to confirm the order or not.
8.3. The Supplier’s computer system confirms as soon as possible that the order has been registered by sending the Purchaser an e-mail confirmation, pursuant to point 4.2.
Limitations of liability
9.1. The Supplier accepts no liability for inefficiency due to force majeure if he is unable to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Purchaser consumer, except in the case of malice or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond his control or that of his subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Purchaser-Consumer as a result of the non-performance of the contract for reasons not attributable to him, as the Purchaser-Consumer is only entitled to a full refund of the price paid and any additional charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties, of credit cards, cheques and other means of payment, for the payment of the products purchased, if he can prove that he has taken all possible precautions based on the best science and experience of the moment and on ordinary diligence.
9.5. In no case may the Purchaser-consumer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the time and manner indicated by the Supplier.
Liability for defects, proof of damage and compensable damages: the Supplier’s obligations
10.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects in the goods sold if he fails to inform the damaged party, within three months of the request, of the identity and address of the producer or the person who supplied him with the goods.
10.2. The aforementioned request, on the part of the damaged party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.
10.3. The Supplier shall not be liable for the consequences of a defective product if the defect is due to the product’s conformity with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.4. No compensation shall be due if the victim was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.
10.5. In any case, the Wronged Party shall have to prove the defect, the damage and the connection with the product.
10.6. The Wronged Party may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and so primarily used by the Wronged Party.
10.7. Damage to property as referred to in Art. 123 of the Consumer Code shall, however, only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
Guarantees and assistance modalities
Guarantees and terms of assistance
11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within a period of 2 years from delivery of the goods.
11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are fit for the use for which goods of the same type are normally used; (b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) have the quality and performance that are customary for goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the producer or his agent or representative, in particular in the advertising or on the labelling; d) are also suitable for the particular use desired by the Consumer and that has been
d) are also suitable for the particular use desired by the Consumer and that was brought to the Seller’s attention by the latter at the time of concluding the contract and that the Seller has accepted, even by conclusive facts.
11.3. The Purchaser-consumer loses all rights if he does not report the lack of conformity to the Vendor within 2 months from the date on which the defect was discovered. Notification is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
11.4. In any case, unless there is proof to the contrary, it shall be presumed that the lack of conformity that becomes apparent within 6 months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.5. In the event of a lack of conformity, the Purchaser-consumer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with return receipt, to the Supplier, who shall indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, if the Supplier has accepted the request of the Purchaser-consumer, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If repair or replacement is impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair carried out previously has caused considerable inconvenience to the Purchaser-consumer, the latter may request, at his choice, an appropriate reduction in the price or termination of the contract.
the contract. In this case, the Purchaser-consumer must send his request to the Supplier, who will indicate his willingness to carry it out, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Purchaser’s request, he must indicate the proposed price reduction or the method of returning the defective goods. In such cases, it will be the responsibility of the Purchaser-Consumer to indicate the methods for re-crediting the sums previously paid to the Supplier.
Obligations of the Consumer Purchaser
12.1. The consumer Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.
12.2. The Consumer Purchaser undertakes, once the on-line purchasing procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser-consumer, who acknowledges this, as this step is made compulsory before the purchase confirmation.
Causes of termination
The obligations referred to in point 12.1, assumed by the Purchaser-Consumer, as well as the guarantee of the successful completion of the payment that the Purchaser-Consumer makes by the means referred to in point 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, unless caused by a fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
Protection of confidentiality and processing of data of the consumer Buyer
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree no. 196 of 30 June 2003 *.
The personal and fiscal data acquired directly and/or through third parties by the Supplier Pisani Srl, the data controller, are collected and processed in paper, computer and telematic form, in relation to the methods of processing with the aim of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best carry out the service requested (art. 24, paragraph 1, letter b, legislative decree 196/2003) **.
The Supplier undertakes to treat the data and information transmitted by the Purchaser-consumer with confidentiality and not to reveal them to unauthorised persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorised by law.
15.4. The personal data will be communicated, subject to the signing of a confidentiality agreement for the data itself, only to parties delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
15.5. The Purchaser-consumer enjoys the rights referred to in art. 7 of Legislative Decree 196/2003, namely the right to obtain
a) the updating, rectification or, when interested, the integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. You also have the right to object, in whole or in part: i) on legitimate grounds, to the processing of personal data concerning you, even if pertinent to the purpose of collection; ii) to the processing of personal data concerning you, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
The communication of personal data by the Purchaser-consumer is a necessary condition for the correct and timely execution of this contract. If this is not the case, the consumer purchaser’s request cannot be processed.
In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.
15.8. The holder of the collection and processing of personal data is the Supplier, to whom the Purchaser-consumer can address any request at the company’s headquarters.
15.9. Anything that reaches the Centre’s e-mail address (including electronic mail) (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information that does not infringe the rights of others and must be truthful; in any case, no responsibility can be attributed to the Centre for the content of the messages themselves.
Method of archiving the contract
In accordance with Article 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser-consumer that each order sent is stored in digital/paper form on the server/at the Supplier’s premises in accordance with criteria of confidentiality and security.
Communications and complaints
Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser-consumer that each order sent is stored in digital/paper form on the server/at the Supplier’s premises in accordance with criteria of confidentiality and security.
Communications and complaints
16.1. Written communications addressed to the Supplier and any complaints shall only be considered valid if they are sent to the following address:Rhinocoaching srl Via Gesualdo Bufalino 12 00137 Roma RM, or sent by e-mail to the following address: infoòrhinocoaching.it. The consumer purchaser shall indicate on the registration form his or her residence or domicile, telephone number or e-mail address to which he or she wishes to receive communications from the Supplier.
Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Rome and resolved according to the conciliation regulations adopted by the same.
18.2. If the Parties intend to refer the matter to the ordinary judicial authorities, the competent Court is the one in the place of residence or elective domicile of the Consumer, which is mandatory pursuant to article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Applicable law and reference
19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.
Pursuant to Art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
This contract abrogates and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject of this contract.