Terms and Conditions
These Terms and Conditions govern the sale of Services on the website https://glamobserver.com and its various subdomains. The Provider reserves the right to modify these Terms and Conditions of sale and the Privacy Policy, and such changes will be communicated to Users through the Site with a specific notice. This communication may, at the Provider’s discretion, also be made via email. The online sale of Services on the Site is governed by the rules of the Consumer Code D.lgs. n.206/2005 and the Electronic Commerce Code D.lgs. n.70/2003.
ART. 1 DEFINITIONS
For the purposes of this agreement, the following terms shall have the following meanings:
Service Provider: Glam Observer S.r.l., with headquarter at Via Ludovico Montegani n. 14, 20141 Milan (MI), VAT: IT11386040965, email: [email protected].
General Terms and Conditions: the set of contractual clauses that determine and define the relationship between the Provider and the Client.
Website: https://glamobserver.com
Services: sale of online courses, books, e-books, merchandise articles
Purchase: the onerous purchase of the Service as of the date of purchase conclusion.
Order: the purchase proposal made by the User through the Site procedures, in particular through the Cart.
Cart: the phase of the purchase process in which the User formulates their purchase proposal, selecting the payment methods.
Material: all material present on the platform
Facebook Group and Slack Group: closed groups dedicated to Participants
Participant: generally, the Consumer or Professional who has purchased a course.
Client: any subject who purchases the Service sold through the Site.
Consumer: the natural person who acts for purposes unrelated to professional or entrepreneurial activities.
User: any subject who has access to the website.
ART. 2 SUBJECT OF THE CONTRACT
These Terms and Conditions of sale concern the Services as described in the following article and are valid between the Supplier and any User who makes a purchase on the Site. They establish the conditions of use of the website, the methods of participation in the Service and the Services reserved for Participants. Any tolerance by the Supplier of behaviours that are in violation of the provisions of these conditions shall not constitute a waiver of the rights that belong to such party based on the aforementioned. If any of the conditions are found to be null or ineffective, the possible nullity or ineffectiveness shall not extend to the remaining contractual clauses.
ART. 3 DESCRIPTION OF THE SERVICES OFFERED
The Services offered by the Supplier personally and/or in collaboration with its Team and/or expert professionals may include:
ONLINE COURSES
Online training courses structured in video lessons that can be independently accessed by the User, without any time limits or expiration dates on a dedicated platform;
Access to and download of additional educational materials such as, for example but not limited to, handouts and/or attachments and/or exercises and/or in-depth studies in PDF format. Such materials are viewable and downloadable;
Some Courses also provide the possibility of monthly live sessions or scheduling a one-to-one call with the Supplier.
ACCESS TO INTERACTION GROUPS
All Participants have the possibility of joining the Facebook and/or Slack Group through the link directly inserted in the course. To join the groups, the same email used to register for the purchased Course must be used, otherwise it will not be possible to join the aforementioned Groups.
Through the Group, it is possible to interact with the Supplier and other Participants.
The Participant agrees to use the interaction services offered by the Supplier solely for the purpose of discussing the topics related to the purchased Service and the topics covered by the Supplier, with every form of contact aimed at promoting goods or services and, more generally, any activity of spamming, unfair competition, sharing of external links, sharing of videos or any other activity or behavior that violates current regulations or could in any way disturb other members being considered prohibited. The Participant hereby assumes all responsibility for any illicit, indecent or immoral content and violations of the rights of others. In case of violation of such obligations, the Supplier may immediately exclude the Participant from the Group and the Platform without having to refund any sums paid and furthermore the Participant will not be able to register for the platform anymore.
SALE OF E-BOOKS, BOOKS AND MERCHANDISE
All products offered are described and illustrated on the Site, in their respective sections. The images of the Products on the Site are for demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. Therefore, the photographs of the Products presented on the Site do not constitute a contractual element, as they are merely symbolic representations of the purchased Product. Given this particular mode of sale, the User is advised that any differences between the representations of the Products on the Site and the Products actually delivered can only be contested if they are significant.
With reference to personalized packaged products (t-shirts, sweatshirts, planner mugs, etc.), the Supplier does not guarantee the perfect and exact correspondence between the printed color and/or Pantone and the color and/or Pantone requested by the User. The User expressly accepts that there may be minimal quality differences between the Product displayed on the site and the graphic draft compared to the real Product.
OTHER SERVICES
The Supplier also offers the following services: one-on-one consultations, resume or other document revisions, live events such as panels, masterclasses, etc.
ART. 4 SERVICE DURATION
The purchase of the Services is not subscription-based.
Access to the purchased Courses is granted until the User exercises the right of withdrawal, requests cancellation, or the Provider cancels the access for legal or company policy reasons.
ART. 5 PRICES
The price of the Service is displayed on the website in euros with the possibility of conversion into the User’s currency. The User acknowledges and agrees that the conversion currency is subject to fluctuations, and therefore, the price at the time of purchase will be valid. The Provider reserves the right to change prices at any time without notice, provided that the price charged to the User will be the one indicated on the website at the time of the order, and any subsequent changes (increases or decreases) will not be taken into account.
ART. 6 REGISTRATION PROCEDURE
In order to purchase the Service, the User must register by providing the required personal information. The User is responsible for the truthfulness and accuracy of the information provided. It is forbidden to provide false information or engage in conduct that may cause confusion about the User’s identity. For example, this prohibition includes the use of false or other people’s personal information.
At the time of registration and when entering data, the User guarantees to:
be of legal age and legally capable;
comply with all applicable laws and contractual provisions of these Terms and Conditions;
be the rightful owner of the data provided, which must be true, correct, and up-to-date.
During the registration process, the User will be asked to provide certain information, such as their name, shipping/billing address and email address. The email address provided at registration allows the Provider to send the User an invitation to create an account after the purchase, with the insertion of a password that the User must keep, preserve, keep secret, use for their own purposes and not transfer to third parties. The email address provided at registration also allows the Provider to notify the User of all messages related to the Services and the website in general. The use of temporary emails for registration is prohibited.
Once the User completes the registration process, they will receive their login credentials via email, which will allow them to choose their password and access the platform. The login credentials are personal and cannot be transferred to third parties. In case of password loss, there is a specific procedure for recovery.
Online courses are held through the platform. The platform also contains materials related to the courses that can be viewed and downloaded by participants at any time, even after the courses have ended.
ART. 7 OUTLINES THE PURCHASING PROCEDURE FOR USERS INTERESTED IN BUYING SERVICES OFFERED ON THE WEBSITE.
To make a purchase, the user must complete an electronic Order Form provided on the website and follow the instructions provided on the appropriate page. The Order Form will include a summary of the primary conditions, including the price, payment methods, and essential features of the service. After reviewing the Terms and Conditions and the Privacy Policy, the user must send the Order Form. By submitting the Order Form, the customer acknowledges and declares their unconditional acceptance of the Terms and Conditions and consents to the processing of their personal data. The applicable Terms and Conditions are those in force at the time of the order and are available on the website.
The contract between the provider and the customer is considered concluded upon confirmation of the purchase by the provider. The provider will communicate the acceptance of the order to the customer via email sent to the address provided during the ordering process. The provider reserves the right to evaluate the acceptance of received orders and may refuse or not process incomplete or incorrect orders. If the provider cannot accept the orders received, the customer will be informed as soon as possible, and any sums already paid by the customer for the payment of services will be refunded. The customer has no right to compensation or indemnification for any direct or indirect damages to persons or property resulting from the non-acceptance, even partially, of an order by the provider.
ART. 8 OUTLINES THE PAYMENT METHODS AVAILABLE TO THE PARTICIPANT AND/OR CUSTOMER
The customer must pay the required price according to the methods provided on the website. The provider may, in some cases, allow the participant to pay the fee in two or more instalments, depending on the purchased course, authorizing the provider to charge the payment to the indicated credit card. If the indicated credit card is refused or cannot be used to pay the subscription fee, the participant is responsible for any unpaid amounts. If a charge fails due to a credit card expiration, insufficient funds, or any other reason, the provider may suspend access to the service until a valid payment method is activated, and the participant has no right to receive a refund for any sums paid up to that point.
The available payment methods include PayPal, Stripe, and Klarna. PayPal is a secure server with SSL encryption that directs the user’s browser to enter their username and password, with only PayPal having access to the user’s data. The order amount is charged to the user’s PayPal account at the time of the order. Stripe is a platform that allows customers to pay for their orders using a prepaid or credit card. Klarna allows the participant to pay for their order by opening an account and using a credit card to divide the amount into three instalments, with no interest and a monthly deadline. When the user chooses Klarna as payment method the customer establish a contract with Klarna and Supplier is not responsible for that.
ART. 9 RIGHTS ON THE MATERIAL
All the material prepared by the Supplier shall remain its property. The Supplier grants the Participant the possibility to view the educational material and to download it for personal use only, while excluding any possibility for the Participant to disseminate, reuse, copy, sell, or carry out any action not expressly provided for and agreed specifically with the Supplier. Following the purchase of the Service, the Participant acquires no rights to the contents prepared by the Supplier. All rights not expressly granted are reserved. Any behaviour contrary to these Terms and Conditions by the Customer entitles the Supplier to immediately exclude them from the platform and to take appropriate action in the relevant venues and forms.
ART. 10 OBLIGATIONS OF THE SUPPLIER
The Supplier undertakes to guarantee access to the services offered to those who have correctly completed the purchase procedure for the Services. It is the obligation of the Supplier to prepare the system in such a way that the Participant can access, within the established terms, the course material and download it when required, or stream it for videos, regardless of the mode of delivery, at any time (in compliance with the specified terms), and, for courses already used, until the Participant requests the cancellation of their profile.
ART. 11 OBLIGATIONS REGARDING THE USE OF THE SITE
All Users must use the site scrupulously adhering to these Terms and Conditions. The User undertakes not to use the site and related services for illegal purposes or in ways that could damage its functionality, making it unusable, causing overload, deterioration and/or interference with the use of the site by other Users. Any behavior from which, even for mere attempts, unauthorized access to the site, the Service sold by the Supplier, other accounts, or systems or networks connected to it through computer piracy, password counterfeiting, or other means could arise, is prohibited.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
All content on the Site is protected by current laws on copyright and industrial and intellectual property. By way of example and not exhaustively, the content of the Site includes: the domain name, its subdomains, trademarks, all text, any graphic and/or textual representation in general, photographs, and videos. All intellectual and industrial property rights relating to them are exclusively owned by the Supplier, are reserved to it, and will not be transferred or licensed to the Customer or User under any circumstances. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, transmit even to other websites, transfer, or otherwise make available to third parties for any reason or use other than conservation and/or consultation, the Sites and/or the Site Content, without the prior express and formal approval of the Supplier. All material prepared by the Supplier shall remain its exclusive property.
ART. 13 USE OF IMAGES
During the courses, images, including portraits of the Participant, may be acquired. More specifically, the Supplier may take photographs, videos, and/or screenshots, directly or using third-party subjects who operate on behalf of and for the benefit of the Supplier, which shall acquire all derivative and consequent rights over the photographic material thus produced. The images will be used by the Supplier to document the course’s progress as well as to promote its activities including commercial campaigns on social media, also by publishing them on the website, as well as on the company’s social channels, brochures, or by inserting them into documents intended for dissemination.
To this end, the Participant authorizes the use of their images for the aforementioned informative and promotional purposes under the following conditions:
The images will be processed by the Supplier in compliance with the regulations on the protection of personal data;
The collected images will not be used in a manner that may prejudice the personal and professional dignity and decorum of the interested party;
The authorization does not entail any compensation or other economic recognition for the Participant.
ART. 14 PROMOTION
The Customer, without any claims, authorizes the Supplier to use testimonials and/or reviews / video-reviews / online feedback from the Participant and/or Customer, the name of the Customer, their related brand for the promotion of their business, in the manner and/or for the times chosen by the Supplier.
ART. 15 WITHDRAWAL
In case of purchase of Courses, Consultations and/or live events:
the Consumer Customer can exercise the right of withdrawal within 14 days from the date of purchase. To exercise this right within 14 working days from the date of purchase, it is sufficient to communicate to the Supplier the intention to withdraw from the purchase by sending an email to [email protected]. The Supplier undertakes to refund the amount due as a refund within 14 days from the receipt of the communication.
The Consumer Customer acknowledges and expressly accepts that if they have executed the supply of the Service by viewing the first video lesson of the purchased Course, downloading one of the templates and worksheets provided such as resume templates, cover letter templates, email templates, list of professionals etc…attending the consultation session, or participating in the live event, before the expiration of the 14 days from the date of purchase, they cannot exercise the aforementioned withdrawal pursuant to art.59 D. lgs. n. 206 of 2005.
If a refund is not granted, Consumer Customer understands he/she remains financially responsible for payment in full of service and/or course and/or digital product.
In case of purchase of non-personalized merchandising products and/or books:
the Consumer Customer can exercise the right of withdrawal within 14 days from the date of purchase.
To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to communicate to the Seller the intention to withdraw in whole or in part from the purchase by sending an explicit declaration to [email protected]. Within the same term, the Customer must proceed, using a shipping method of their choice, to return the goods inserted in their original packaging, intact and in perfect condition, complete with all their parts, and carefully packed to the Seller’s address.
The package must include all the documents received. It is recommended to insure the shipment against theft and transport damages. Packages sent with cash on delivery will not be accepted.
The only costs required are those related to the return of the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the shipped goods. The expenses incurred for the return of the goods are excluded from the refund.
The Customer acknowledges and expressly accepts that:
the right of withdrawal does not apply to products received more than 15 working days ago (in this case, the return of the goods will be refused).
the right of withdrawal cannot be exercised if the purchased products have been used, even partially.
The right of withdrawal is excluded in case of purchase of personalized products.
ART. 16 EXCLUSION OF LIABILITY
The Supplier’s liability is limited to the obligations assumed under these Terms and Conditions and the amount paid at the time of purchase.
The Supplier is not responsible for the behaviour of Users or the information shared by them.
The User guarantees that they will use the website according to the conditions and for the Services established and offered by the Supplier, excluding any use that aims at illegal purposes or is contrary to what is provided for in these Terms and Conditions of use and in any case with methods that could damage, render it inoperable, overload it or deteriorate it, or interfere with its use by other Users.
The Supplier is not responsible for the purchase by Users and/or their access to the members’ area, to the extent permitted by applicable law.
The Supplier is not responsible for delays, malfunctions or suspensions of the platform towards Users or parties directly or indirectly connected to them.
The Supplier is not responsible for the increase or non-increase of business by the User’s activity, for failure to achieve desired results in the face of investments and costs incurred and for any damage arising from the Services offered.
The Supplier will not be held responsible for omissions or errors that may be contained in the materials, nor for any violation of the rights of others and the consequent damages, even indirect, or for other damages of any kind, also resulting from loss of the right to use, loss of information or loss of profit or resulting from non-performance of the contract, negligence or other harmful actions, arising from or in any way connected to the use or information contained on the platform.
ART. 17 FAILURE TO EXERCISE A RIGHT
The failure to exercise a right by the Supplier does not represent any waiver of action against the Customer or against third parties for the violation of commitments made. The Supplier reserves the right, therefore, to enforce its rights in every case, within the granted terms.
ART. 18 LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Italian law. Any dispute arising in connection with the validity, interpretation, execution, and resolution of the contracts entered into online between the Consumer residing in the European Economic Area and the Supplier shall be exclusively referred to the court of the Consumer’s place of residence (i.e., the consumer’s forum). Any dispute arising in connection with the validity, interpretation, execution, and resolution of these Terms and Conditions between the Customer residing in countries outside the EU and the Supplier shall be exclusively referred to the court of Milan.
ART. 19 FORCE MAJEURE
The Supplier shall not be considered responsible for the failure or delayed performance of its obligations due to circumstances beyond its reasonable control, including events of force majeure or any other unforeseen and unpredictable events that are beyond its control.
The performance of the Supplier’s obligations shall be suspended for the period during which force majeure events occur.
In case of force majeure, the Service’s execution shall be suspended.
Such suspension may last for a maximum period of 3 (three) months, after which the Parties may agree to cancel or continue with the Order.
ART. 20 PERSONAL DATA PROCESSING
The personal data provided or acquired will be subject to processing based on the principles of correctness, lawfulness, transparency, and protection of confidentiality in compliance with current legislation. The Supplier, as the Data Controller, processes Users’ Personal Data by adopting appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of personal data. The processing is carried out using computer and/or telematic tools, with organizational methods strictly related to the purposes indicated. User data is collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract entered into; for the registration procedure aimed at purchasing Services; to follow up on specific requests made to the Controller by the User; for the sending of information and promotional and commercial offers also through the newsletter service based on the User’s freely expressed consent; for soft-spam purposes for promotional communications relating to the purchased Services without the need for the User’s express and prior consent, as provided for in Art. 130, 4th paragraph, Privacy Code as amended by Legislative Decree no. 101 of 2018. The Customer/Participant is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided in accordance with EU Regulation 679/2016, as well as on the use of cookies with the related consent to processing where required (Cookie Policy).
ART. 21 DISPUTE RESOLUTION
Should a dispute arise between Supplier and Consumer Customer, the parties agree to attempt to resolve by good-faith negotiations and discussions. Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Supplier responsible for any specific results, or those results which have been achieved by other clients of the Supplier. Under article 49, paragraph 1, letter V of Legislative Decree no. 206/2005 (Consumer Code), the Consumer Customer can use the procedure of Parity Conciliation (ADR). Under Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint through the European Union’s ODR platform. For more information, please contact the Supplier.
ART. 22 COMMUNICATIONS
For any further information, the User can contact the Supplier via email at the following address: [email protected].
In accordance with articles 1341 and 1342 of the Italian Civil Code, the User declares to have carefully read and expressly accepted all the clauses of these Terms and Conditions of sale, in particular those of articles 3, 4, 9, 11, 12, 13, 14, 15, 16, 18, and 19.
Last Update May 2023