General Terms and Conditions

1. subject matter
The present General Conditions of Online Supply, hereinafter GCF, regulate the contract for the online supply, hereinafter the CONTRACT, of products (goods and services) offered by HOSPITE S.r.l., cf and PIva 05104250260 – REA: TV-425970, Share Capital: € 15,000.00 i.v., with registered office in Pieve di Soligo – 31053 (TV) – Via G. Zanzotto n.28 /17 and operating headquarters in Villorba – 31020 (TV) – Vicolo G. Verdi n. 65, pec address hospitesrl@legalmail.it , e-mail address info@hospite.it , hereinafter HOSPITE, through its website https://www.hospite.it/shop/, hereinafter the WEBSITE, to the users of the site, hereinafter CUSTOMERS.
HOSPITE is a company active in the field of high level training and business consultancy aimed at the valorisation and transmission of the millenary and luminous tradition of Italian hospitality.
The present GTC abrogate and replace any agreement, understanding, negotiation, written or oral, previously made between the parties.
In the event of modification by HOSPITE of these GTCS, those published online at the time the order is sent by the CUSTOMER shall be considered effective between the parties.
The client’s acceptance of these GTCS is a condition for being able to make purchases on the site.
Purchases on the site are only permitted to persons of legal age. Before placing the purchase order, the CUSTOMER shall also specify whether he/she is acting as a Consumer or Professional when purchasing the said product.
For the purposes of these GTCF, the term CONSUMER CUSTOMER, hereinafter CONSUMER, means the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out, pursuant to Legislative Decree no. 206/2005, hereinafter the Consumer Code, art. 3 paragraph I letter a). For the CONSUMER CUSTOMER, please refer to the provisions of the aforementioned Consumer Code – Part III – Title III – Chapters I and II.
PROFESSIONAL CUSTOMER, hereinafter referred to as PROFESSIONAL, shall mean the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary, pursuant to the Consumer Code, Art. 3 paragraph I letter c);

2. order formulation for the purchase of books, magazines, merchandising and other goods as displayed in the shop section
Our publications (in addition to our magazine, our books) and other goods as displayed in the shop section can be purchased for their online publication time.
In particular, due to differences in colour rendering by Internet navigation software and/or display screens, HOSPITE is unable to guarantee a perfect representation of the products on the site and therefore cannot be held liable for the inaccuracy of the photographs published, which shall therefore be merely indicative.
The price of the goods, expressed in Euro and inclusive of VAT to the extent provided for by law, is that published on the website at the time the purchase order is sent by the CUSTOMER.
The price of the good does not include the delivery costs borne by the CUSTOMER, as regulated and detailed in the purchase order.
In the event that, due to unforeseeable inconveniences or technical failures beyond the control of HOSPITE, the price indicated on the website should turn out to be manifestly lower than the price actually applied to the good offered, HOSPITE shall contact the CUSTOMER without delay, who may choose whether to pay the difference in price and receive delivery of the good or to obtain the immediate cancellation of the order, with simultaneous reimbursement of the price and delivery costs paid;
The goods shall be delivered by specialised carriers and operators, appointed by HOSPITE.
The delivery costs shall be borne by the CUSTOMER; to know the relative amounts, please refer to the DELIVERY COSTS page edited by the appointed operator. It is the CUSTOMER’S responsibility to provide all the information necessary for the execution of the delivery, as well as to verify that the information on the purchase order is correct and complete.
The purchase order will be placed online through the site, following the instructions that will appear from time to time on the site and that will accompany the different stages of the purchase.
The purchase order, in the case of the purchase of digital content products by means of a non-material medium, shall also contain the express consent of the CUSTOMER to commence the service during the period of the right of withdrawal and its acknowledgement that he/she will thus lose his/her right of withdrawal.
Occasional non-availability of the goods offered on the site is possible. If the goods purchased by the CUSTOMER are not, in whole or in part, available, HOSPITE shall notify this without delay. In such cases, the order shall be considered cancelled (with consequent termination of the sale agreement) for the part relative to the goods that are not available and, for such part, the amount paid and the delivery costs borne by the CUSTOMER shall be reimbursed within the term of thirty days starting from the day after the purchase is completed. The amount of the refund shall be communicated by e-mail, and credited to the same means of payment used for the purchase;

3. purchase order formulation for consulting services as displayed in the shop section
The consulting service offered by HOSPITE (in addition to classroom training, coaching and further services as set out in the shop section) has a tailor-made approach, with attention to detail and aimed at satisfying the specific needs expressed by the user.
For this reason, access to the consulting services is subject to the user’s registration, free of charge and without obligation, to the site, as well as to receiving from HOSPITE the credentials to access its reserved area.
For this reason, attendance at the Digital Academy is always accompanied by a consultancy service.
The access to the consulting services is subject to a preliminary verification by HOSPITE of the concrete aptitude of the user, at that determined moment of his professional growth, to make use of the services offered, as well as of the identification of the best modalities with which to satisfy the specific needs manifested by the user himself. This verification, by a dedicated consultant, takes place at the end of the preliminary telephone session (free of charge and without obligation), reserved to each potential CUSTOMER. During this preliminary telephone session, the CUSTOMER will be able to further investigate his or her accessibility to the STUDY SCHOLARSHIPS and the DISCOUNTING.
In the case of a positive outcome of the preliminary verification, HOSPITE shall send to the e-mail address indicated by the user its own service proposal, with indication of the relative fee, of the payment deadlines and of the indicative delivery times. HOSPITE may foresee in the service proposal the opportunity to follow up with a more detailed programme sheet, to be signed by the parties after the purchase has been finalised.
The CUSTOMER, after completing it with his own data, may sign the service proposal and send it, within 48 hours of receipt, to HOSPITE to the e-mail address indicated in the proposal itself; the sending of the proposal completed and signed in all its parts shall also be considered as the CUSTOMER’s request for registration to the site.
The sending by the CUSTOMER of the proposal completed and undersigned in all its parts after 48 hours does not guarantee the provision of the services within the timescale envisaged.
After verifying the completeness of the proposal sent by the CUSTOMER, HOSPITE shall follow up with the sending of an e-mail confirming registration to the site, indicating the credentials for access to the reserved area where the CUSTOMER may, following the instructions that shall appear from time to time, proceed with the formulation and sending of the purchase order, containing also the CUSTOMER’s express consent to the commencement of the performance of the service and his acknowledgement that he shall lose his right of withdrawal following the complete performance of the contract by HOSPITE and, in the event of the purchase of products of digital content by means of a non-material support, the CUSTOMER’s express consent to commence the service during the period of the right of withdrawal and his acknowledgement that he shall lose his right of withdrawal.
The CUSTOMER acknowledges that HOSPITE, in the execution of the service, in order to supply an ever better training service to the CUSTOMER, shall be entitled to make any updates to the content of the service deemed opportune, introducing any modifications with respect to the product object of the purchase order, without any additional expenses for the CUSTOMER.
The CUSTOMER also acknowledges to HOSPITE the right to make variations in the time of supply of the service, variations in any case contained within the same day.

4. conclusion of the product purchase contract
The purchase order for goods and consulting services shall be placed online through the Site, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase.
The purchase order formulation procedure shall be correctly completed if the Site does not show any error message. Please note that the system will not detect any errors with reference to the data entered by the CUSTOMER in the field dedicated to billing and delivery addresses.
The purchase agreement shall be understood to be concluded between HOSPITE and the CUSTOMER at the moment of receipt by HOSPITE of the consideration for the product or of the relative down payment, as specified in the order procedure.
Once the purchase agreement has been finalised, HOSPITE shall send the CUSTOMER, to the e-mail address indicated, a communication summarising the purchased products (reserving the timing of the provision of the services in the event of sending after the above-mentioned 48 hours of the undersigned service proposal), the relevant fees and payment deadlines, the possible delivery address and the relevant costs together with the estimated delivery date, the order number, the procedures for exercising the right of withdrawal the confirmation of the CUSTOMER’s express consent to the commencement of the performance of the service and his acknowledgement that he shall lose his right of withdrawal following the complete performance of the contract by HOSPITE, the confirmation, in respect of the purchase of products of digital content by means of a non-material medium, of the CUSTOMER’s express consent to commence the service during the period of the right of withdrawal and his acknowledgement that he shall lose his right of withdrawal, the indication of the support service together with these general terms and conditions.
HOSPITE reminds the CUSTOMER to verify with the utmost care and attention the correctness of the data contained in the described summary communication and to notify HOSPITE within the following 24 hours of the request for any changes. The modifications requested, if accepted by HOSPITE, shall give rise to the formulation of a new purchase order, with cancellation of the previous one.
The CUSTOMER acknowledges that HOSPITE, for its own unquestionable organisational reasons, may cancel the purchase order of the consultancy service or postpone its execution, giving notice by e-mail to the address indicated by the CUSTOMER, no later than the fifteenth day prior to the date indicatively foreseen for the beginning of the execution.
In the case of cancellation of the purchase order by HOSPITE or in the case in which the CUSTOMER communicates that he does not accept the postponement of the execution of the service (by sending an email to the HOSPITE address hospitesrl@legalmail.it within and not later than 72 hours from the receipt of the communication referred to in the previous paragraph), the amount already paid shall be reimbursed to the CUSTOMER, in the manner set forth in paragraph 8), and nothing else shall be due by HOSPITE to the client for any reason or cause whatsoever.
The CUSTOMER, by sending a pec to the HOSPITE address hospitesrl@legalmail.it within and no later than 72 hours from the receipt of the aforementioned communication of cancellation of the order or postponement of execution, may request that the amount paid be charged to a further formulating purchase order;

5. payment methods for the payment of the fee and any delivery costs
Payment of the product price and any delivery costs shall be made in the manner specified in the order procedure.
At the time of payment, the CUSTOMER shall declare that he/she has the necessary authorisations to use the payment instrument indicated in the order.
In the case of payment by credit card, HOSPITE reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, HOSPITE may refuse the payment and cancel the order.
After payment, HOSPITE shall issue an electronic invoice for the order only if the CUSTOMER during the purchase phase has selected the telematic channel for the receipt of the electronic invoice. By leaving the option “I do not want the invoice” selected, the CUSTOMER declares that he does not want to receive the invoice and it will not be possible for HOSPITE to issue it. The electronic invoice shall be received by the CUSTOMER on the telematic channel indicated during the purchase.
If, for consulting services, the mere payment of a down-payment is required for the completion of the supply agreement, the balance of the consideration shall be paid by and no later than the deadline indicated in the purchase order. Failing this, the order shall be considered cancelled and HOSPITE shall retain the amount received as down payment, without prejudice to compensation for greater damages;

6. occurrence of unforeseen and unforeseeable circumstances or force majeure
Neither Party shall be held liable for total or partial non-fulfilment of its obligations, insofar as such non-fulfilment is due to unforeseen and unforeseeable circumstances or the occurrence of a force majeure element such as, by way of example, flood, fire, storm, lack of raw materials, transport strike, partial or total strike or lockout.
The Party that has suffered such events shall notify the other by e-mail as soon as possible and no later than five (5) working days after the occurrence of the event.
The parties shall agree as soon as possible in order to jointly determine the modalities for executing the order.
One month after the event, the purchase order shall in any case be cancelled and the supply agreement terminated, with the consequent restitutory obligations.
HOSPITE shall not be liable to the CUSTOMER for damages, losses and costs incurred as a result of the non-execution of the contract for causes not attributable to it;

7. delivery of purchased goods
The delivery of the purchased goods shall take place by carriers and specialised operators appointed by HOSPITE, with costs borne by the CUSTOMER, on the date estimated in the summary communication (to be considered indicative) and in any case within 30 days following the completion of the purchase.
The goods shall be delivered to the address indicated by the CUSTOMER in the purchase order. Delivery shall be to the street level.
HOSPITE shall not be liable for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the CUSTOMER. Post Office Boxes shall not be considered valid addresses for the purposes of delivery.
Upon delivery of the goods to the carrier, an e-mail confirming the shipment shall be sent to the CUSTOMER. Deliveries shall be made from Monday to Friday, excluding national holidays, at the times as specified by the operator appointed by HOSPITE.
HOSPITE shall not be liable for any damages suffered by the CUSTOMER due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time of sending the aforementioned summary communication.
Upon delivery, the CUSTOMER is invited to check that the goods correspond to what was ordered as well as the integrity of the packaging. If the CUSTOMER establishes that the goods are not what was ordered or that the packaging is not intact, the CUSTOMER shall put its reservations, detailed and dated, in writing on the delivery document. These reservations must be confirmed by the CUSTOMER to HOSPITE by e-mail within 3 working days following the delivery of the products.
In the event of failure to report as indicated above, the CUSTOMER shall not be entitled to claim anything from HOSPITE for any title, reason or cause whatsoever.
The delivery document issued by the carrier, dated and signed by the CUSTOMER upon delivery of the goods, shall constitute proof of delivery of the same.
In the event of the absence of the addressee at the time of delivery, the remover shall leave a note at the delivery address indicated by the CUSTOMER. If the addressee is also absent on the second delivery attempt, the products must be collected by the CUSTOMER at the address and in the manner indicated by the carrier in a second notice.
In the event of failure to collect the goods within the term and at the address indicated in the second notice, the goods shall be returned to HOSPITE, which reserves the right to terminate the sales agreement, with reimbursement of the amount paid for the products and with shipping and storage costs borne by the CUSTOMER;

8. right of withdrawal – reconsideration
In order to facilitate the CUSTOMER, HOSPITE provides this form that may be used for the communication of withdrawal.

[By registered mail with return receipt CUSTOMER SERVICE
or from the CUSTOMER’s pec address to the pec address
I, the undersigned _______ , tax code _________ , domiciled in – Street no. ________ , hereby give notice of withdrawal from the contract for the supply of the following products (good/service): ____________
correct purchase order dated , good delivered on _____ date and signature (if on paper)]

As a result of the exercise of withdrawal, the sales contract is terminated.
The CUSTOMER, at his own exclusive care and expense, shall then return to HOSPITE at the address HOSPITE – Villorba – 31020 (TV) – Vicolo G. Verdi n. 65 the good received, within fourteen days from the date of dispatch of the withdrawal notice. The goods shall be deemed to be returned the moment they are handed over to the post office or to the accepting carrier.
The goods must be returned intact, in their packaging and with all relevant documentation; failing this, the return of the goods shall be refused and the withdrawal shall have no effect. The CUSTOMER shall not be held liable solely for any decrease in the value of the goods resulting from the handling of the goods necessary to establish their nature, characteristics and functioning.
HOSPITE shall refund the CUSTOMER of the payments received in relation to the purchase of the product, including any delivery costs, within fourteen days from the day on which it is informed of the CUSTOMER’s decision to withdraw from the contract. The amount shall be refunded by means of the same means of payment used by the CUSTOMER for the initial transaction, unless expressly requested otherwise by the CUSTOMER and provided that the CUSTOMER does not incur any costs as a consequence of the refund.
HOSPITE, in accordance with and to the effects of Article 56 of the Consumer Code, reserves the right to withhold the refund until it has received the goods or until the CUSTOMER has demonstrated that he/she has sent them back, whichever is sooner.
The described right of revocation is excluded in relation to the purchase of services after the complete performance of the service, the CUSTOMER having in this sense given his express consent to the performance of the service as early as in the purchase order and having accepted that he shall lose his right of revocation following the complete performance of the contract by HOSPITE.
The above-mentioned right of withdrawal is excluded with respect to the purchase of products of digital content by means of a non-material support if the performance has begun, the CUSTOMER having in this sense provided in the purchase order his/her express consent to begin the service during the period of the right of withdrawal and acknowledged that he/she will lose his/her right of withdrawal.
In the case of a digital content product, performance shall be deemed to have commenced at the time when the credentials are activated on the dedicated platform;

9. guarantee of conformity of purchased goods
With regard to the goods purchased, HOSPITE also recognises to the PROFESSIONAL CUSTOMER the conformity guarantee established by law in favour of the CONSUMER CUSTOMER by the Consumer Code in articles 129 et seq.
If at the time of delivery the goods do not conform to the sales contract and this lack of conformity becomes apparent within the term of two years from delivery, the CUSTOMER may therefore request, at his/her own choice, the repair of the goods or their replacement, free of charge in both cases, unless the remedy requested is objectively impossible or excessively onerous compared to the other.
The CUSTOMER may also request, at its own option, an appropriate reduction in the price or termination of the contract if one of the following situations occurs: a) repair or replacement is impossible or excessively onerous; b) the seller has failed to repair or replace the goods within a reasonable period of time; c) the replacement or repair previously carried out has caused considerable inconvenience to the CUSTOMER. In determining the amount of the reduction or the sum to be refunded, the use of the goods shall be taken into account.
The CUSTOMER shall proceed to report the alleged conformity defect within a term of two months from the date in which he has discovered the defect, by means of registered letter with return receipt to be delivered to HOSPITE – CUSTOMER Assistance Service in Villorba – 31020 (TV) – Vicolo G. Verdi n. 65 or by pec to the address hospitesrl@legalmail.it.
The notification shall not be necessary if HOSPITE has acknowledged the existence of the defect or has concealed it. Unless there is proof to the contrary, it shall be presumed that the conformity defects that become apparent within six 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 conformity defect.
Following the notification of the lack of conformity, HOSPITE may offer the CUSTOMER any other available remedy, with the following effects (a) if the CUSTOMER has already requested a specific remedy, HOSPITE shall remain obliged to implement it, unless the CUSTOMER accepts the proposed alternative remedy; (b) if the CUSTOMER has not already requested a specific remedy, the CUSTOMER must accept the proposal or reject it by choosing another remedy, bearing in mind that a minor conformity defect, for which it has not been possible or is excessively onerous to exhaust the remedies of repair or replacement, does not entitle the CUSTOMER to terminate the contract.
In the case of replacement or repair of the goods, the terms of the guarantee relating to the goods given for replacement or resulting from repair are the same as the original goods. Therefore, the total two-year duration of the guarantee will in any case take effect from the delivery of the original good.
The action aimed at asserting defects not intentionally concealed by the seller prescribes, in any case, within twenty-six months from the delivery of the goods; the CUSTOMER, who is agreed for the performance of the contract, can however always enforce the guarantee, provided that the lack of conformity has been reported within two months of the discovery and before the expiry of the described period of twenty-six months from the delivery of the goods.
If the contract is terminated, HOSPITE will return the payment paid by the CUSTOMER, in addition to the shipping costs. In case of reduction of the consideration, HOSPITE will return the amount of the reduction previously agreed with the CUSTOMER.
In any case, the amount of the refund will be communicated to the CUSTOMER by e-mail and credited to the means of payment used by the CUSTOMER for the purchase.
The CUSTOMER must agree with the Customer Support Service on the delivery of the goods.
Goods repaired, modified or in any way altered by the CUSTOMER are excluded from the scope of the warranty referred to in this article, as well as any faults or malfunctions or other defects caused by accidental events or by the responsibility of the CUSTOMER or by a use of the goods that does not conform to its intended use and/or as provided in the technical documentation attached to the product, where applicable, or in the instructions for use relating thereto.
The CUSTOMER also enjoys the additional protections and guarantees provided by current legislation, in particular by the Civil Code in terms of purchase and sale contract;

10. legal guarantee provided for by the Civil Code in the matter of purchase contract
The legal guarantee provided for by the Civil Code in the matter of a contract of sale provides inter alia that, if at the time of delivery the good is affected by defects that make it unsuitable for the use to which it is intended or significantly reduce its value, the CUSTOMER can request the termination of the contract or the reduction of the consideration. If the good has perished as a result of the defects, the CUSTOMER is entitled to the termination of the contract; if, on the other hand, it has perished by chance or by fault of the CUSTOMER, or if the latter has alienated or transformed it, he can only demand the reduction of the consideration.
No guarantee is due if at the time of the contract the buyer knew the defects of the goods; likewise it is not due, if the defects were easily recognizable except, in this case, that HOSPITE declared that the goods were free from defects.
In the event of termination of the contract, HOSPITE will return the payment and refund to the CUSTOMER the shipping costs; the CUSTOMER will return the goods, if they have not perished as a result of the defects.
The CUSTOMER forfeits the right to the guarantee, if he does not report the defects to HOSPITE within eight days of discovery, by registered letter a/r to be delivered to HOSPITE – Customer Service in Villorba – 31020 (TV) – Vicolo G. Verdi n. 65 or by e-mail at hospitesrl@legalmail.it.
The complaint will not be necessary if HOSPITE has recognised the existence of the defect or has hidden it.
The action is prescribed, in any case, in one year from the delivery; but the CUSTOMER, that is agreed for the performance of the contract, may enforce the guarantee, provided that the defect of the good has been denounced within eight days from the discovery and before the course of the year from delivery.
If the good does not have the promised qualities or those essential for the use for which it is intended, the CUSTOMER has the right to obtain the termination of the contract in accordance with the general provisions on the resolution of default. The right to obtain the resolution is subject to the revocation and prescription provided for the warranty for defects, described above;

11. producer’s liability for damage caused by defective goods, in favour of the CONSUMER CUSTOMER
According to the Consumer Code, art. 114 and following, the Producer is liable to the CONSUMER CUSTOMER for the damage caused by defects of its goods. For the purposes of these GCF, Producer means the manufacturer of the finished goods or a component thereof and the producer of the raw material, pursuant to the Consumer Code, art. 115. It should be noted that the identity of the Producer (or in the absence of those who have supplied the goods to HOSPITE) is indicated by HOSPITE in the technical specifications of the goods. If this information is not present, the consumer CUSTOMER is invited to contact the Hospite Customer Service.
Pursuant to art. 117 of the Consumer Code, a good is defective when it does not offer the security that one can legitimately expect given all the circumstances and does not offer the security normally offered by the other examples of the same series; an asset cannot be considered defective for the sole reason that a better-developed good has been marketed at any time.
Proof of the defect, the damage and the causal link between the defect and the damage shall be borne by the injured party.
The right to compensation shall lapse within three years of the day on which the person who has suffered damage or should have knowledge of the damage, the defect and the identity of the person responsible. The right to compensation shall lapse on the expiry of 10 years from the day on which the producer or importer in the European Union put into circulation the goods causing the damage.
The provisions of this Article do not exclude or limit the rights attributed to the injured person by other laws;

12. possible elaboration of the data sheet of the consulting services
In the case of purchased consultancy services, where provided for in its proposal, Within thirty days from the completion of the purchase, the dedicated staff of HOSPITE will contact the customer in order to share the project details of the service purchased, the result of a further study of the needs expressed by the CUSTOMER.
If as a result of such deepening emerged the opportunity to widen the purchased service, the greater consideration will be object of specific agreement between the parties;

13. obligations of the CUSTOMER regarding the services purchased
For the purpose of providing the service by HOSPITE, the CUSTOMER undertakes to allow access to HOSPITE to the structure and to the capital goods, documentation and information relevant also in terms of assets, companies and companies, to notify HOSPITE of any changes in its initial situation, to make available to HOSPITE its administrative, management and commercial organisation, and to allow HOSPITE to compare/meet with staff, employees and not, with suppliers as well as with customers.
The CUSTOMER, also through its employees, undertakes for the duration of the relationship to make available to HOSPITE the tools and spaces necessary for the provision of the service, to identify in writing the staff who will interact with HOSPITE in the management of the services, to carry out their expertise in terms and technical specifications required by HOSPITE.
HOSPITE may avail itself of the services of its collaborators, on whom the same obligations (including confidentiality) imposed on HOSPITE will be imposed and to whom the CUSTOMER will allow the same access and meetings/comparisons referred to in the previous paragraphs.
If the CUSTOMER, directly or indirectly, in the execution of the contract does not fulfill exactly and punctually the requests of HOSPITE or the obligations placed at its expense, without prejudice to the contractual obligations due as consideration, will hold HOSPITE harmless of the expenses incurred and the damages suffered to resolve the default of the CUSTOMER (for example to rectify any errors caused by incorrect or inaccurate information provided by the CUSTOMER).
The CUSTOMER acknowledges that any analysis, documentation, data, methodology, opinion and/or material on any medium provided by HOSPITE in the context of the contract and the information contained therein is for the exclusive use of the CUSTOMER. Therefore, the same may not be disclosed, disseminated, transcribed, copied or reproduced, published or communicated in any way, even partially, by the CUSTOMER to third parties, nor in general may they be used by the CUSTOMER for purposes and/or in ways incompatible with their confidentiality. Any reproduction or communication by the CUSTOMER to third parties is prohibited, without prior written permission from HOSPITE.
The CUSTOMER undertakes to use the content of the services purchased exclusively for the purpose for which they are provided.
From the conclusion of the supply contract until the performance of the contract, the CUSTOMER undertakes not to engage in or promote any activity in conflict of interest with HOSPITE, either directly or mediately.
The CUSTOMER undertakes to behave in a fair and respectful manner both to HOSPITE and its staff and to third parties with whom he will in any way be in contact with effect and on the occasion of the supply contract. If the CUSTOMER does not behave in a fair and respectful manner and such behaviour takes place in the presence of third parties, the CUSTOMER acknowledges the right to ask HOSPITE to leave the environment.
As a result of the submission of the purchase order, the CUSTOMER declares to be the owner and in any case to have the legitimate availability of the structure and data relating to the company for which the service is requested; the CUSTOMER also declares that his corporate and corporate situation does not violate mandatory rules, public order or third party rights, with express exemption of HOSPITE from any responsibility and burden of investigation and/or control in this regard.
In any case, the CUSTOMER undertakes to hold HOSPITE and its collaborators harmless and harmless from any prejudicial event, patrimonial or not, that derives or in any case connected, directly or indirectly, to the Contract and its execution.
The CUSTOMER may not transfer to third parties, even partially, the contract or transfer to third parties, in any way, even in part, the rights and obligations arising from the contract.
The breach of the obligations described above also constitutes a just cause for withdrawal by HOSPITE pursuant to point 17 below) and will also result in the liability of the CUSTOMER, including compensation provided in civil and criminal law;

14. HOSPITE’s responsibility for the services purchased by the CUSTOMER
The CUSTOMER acknowledges and expressly declares that the contract does not provide any guarantee, neither express nor implied, of result.
In the execution of the contract, HOSPITE and its Collaborators will be liable for any damages only in the event of wilful misconduct or gross negligence, without prejudice to the provisions of the continuation.
It is understood that, in performing the contract, HOSPITE is not responsible for the completeness, accuracy and veracity of the documents, data and information provided by the CUSTOMER, the completeness, accuracy and veracity of which will remain the sole responsibility of the CUSTOMER; HOSPITE is not obliged to carry out any verification of the completeness, accuracy and veracity of the aforementioned facts, documents, data and information, with reference to which it will rely exclusively on what is provided and represented and/or declared by the CUSTOMER or its delegates.
The parties acknowledge that HOSPITE is not liable for any breach or incorrect performance by a third party that the CUSTOMER entrusted with the performance of certain activities/services connected with the contract.
HOSPITE reserves the right to assign the contract or subcontract it to third parties, even partially, without prejudice to the CUSTOMER;

15. copyright, intellectual and industrial property rights
HOSPITE informs that the website and the elements published on it, as well as the products (goods and services) offered and their contents, including but not limited to: logos, trademarks, distinguishing marks, texts and manuals, online and in presence courses, applications, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, menus, web pages, graphics, diagrams, tools, characters and design, diagrams, layouts, methods, processes, functions, software, ideas, methodologies and technical experiences and any material on any medium provided, are protected by copyright and any other intellectual property right and that is prohibited any kind of reproduction, communication, distribution, publication, alteration or transformation, exploitation in any form and for any purpose, even partial. HOSPITE reserves the right to take legal action to protect these aspects.
HOSPITE assumes no responsibility for the trademarks and other distinguishing marks that appear on the products sold by HOSPITE on the site, with respect to which the CUSTOMER does not acquire any rights following the conclusion of the contract.
Also for the time after the execution of the contract, the CUSTOMER acknowledges to HOSPITE, free of charge, the right to use its name and its distinctive signs as well as the service used (also by means of links to its company website) to promote its activity or for other purposes in any case related to the performance of its activity;

16. obligation of confidentiality and secrecy
The Parties undertake to maintain the utmost confidentiality of the content of the contracts concluded, as well as the content of the services provided and, consequently, undertake not to disclose in any way such content, without the prior written consent of the other.
The data and information made available by the parties for the execution of the contract are to be considered strictly confidential and will be treated as such and stored with the utmost confidentiality. The same may not be reproduced or disclosed to third parties, except in the following cases:
(i) the Party authorises its dissemination;
(ii) are already in the public domain or already in the possession of the other party or acquired independently of the other party, albeit in constant relationship;
(iii) dissemination is required by law, regulation or regulation or in the context of legal proceedings, before the public administration, mediation/ negotiation and similar in which the CUSTOMER or HOSPITE are parties;

17. withdrawal of the parties
Without prejudice to the provisions of the previous number 8), and without prejudice to any other agreements between the parties, only for classroom training courses HOSPITE grants the CUSTOMER the right to withdraw from the service contract, without having to provide any reason, within 30 days prior to the agreed starting date of the service itself, by registered letter a/r to be delivered to HOSPITE – Customer Service in Villorba – 31020 (TV) – Vicolo G. Verdi n. 65 or by e-mail to hospitesrl@legalmail.it. In this case, HOSPITE will refund the CUSTOMER of the payments received for the purchase in the amount of 75%, with the methods referred to in the previous number 8).
Both parties may also withdraw with immediate effect from the contract for the provision of the service in the event of a just cause (such as serious breach of the contractual partner), with notice to be sent by pec or registered a/r.
By way of example, the exercise or promotion by the CUSTOMER of activities in conflict of interest with HOSPITE, in a direct and mediated manner, constitutes a just cause for HOSPITE’s withdrawal, as well as the conduct of the CUSTOMER that violates the correctness and respect due both to HOSPITE and its personnel, as well as to third parties with whom it will in any way be in contact with effect and during the delivery contract.
In the event of withdrawal for just cause, the CUSTOMER may request a refund of the service for the part not yet used and HOSPITE may withhold the entire service charge. Nothing else shall be due by the parties, except as otherwise provided in the further points of these conditions;

18. use of the website
HOSPITE assumes no responsibility for the problems caused to the CUSTOMER by the use of the site and the technologies used, as they are not dependent on their own will.
The responsibility for navigation on the site is entirely the responsibility of the user. HOSPITE shall not be held responsible for failures, errors or computer viruses that could hinder the continuity of access to its site or for malfunctions that may occur on the users’ PC following access to the site. As a result, HOSPITE will not be required to repair direct or indirect damages that could, for example, be related to the use, access to the site or download of elements contained in the site (images, texts, video files).
Users are responsible for their own and third party content shared on the site. The Users will hold HOSPITE harmless from any liability in relation to the illegal dissemination of third party content or the use of the site.
HOSPITE does not moderate any content published by the User or third parties, but reserves the right to intervene in the event of reports from Users or orders from public authorities in relation to content deemed offensive or illegal.
HOSPITE reserves the right to add, remove features or features, suspend, discontinue or terminate the site.
Users are required to lawfully use the site. By way of example, it is expressly prohibited: reverse engineering, decompile, disassemble, modify or create derivative works based on the site or on a portion of it; circumvent the computer systems in place on the site; copy, store, modify, change, prepare derivative works or alter in any way any content of the site; use robots, spiders, search and/or site retrieval applications, or any other device, process or automatic means to access, retrieve, scrap or index any portion of the site or its contents; rent, fire or sublicense the site; defame, offend, harass, engage in threatening practices, threaten or otherwise violate rights (such as the right to privacy and publicity) of third parties; to disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content; to use the HOSPITE Shop in any other improper manner that violates these Terms.
The User will keep HOSPITE (as well as any company from the same subsidiaries or affiliates, its representatives, directors, agents, licensors, partners and employees), free from any prejudice, direct and indirect, patrimonial and not, including any legal fees incurred to defend oneself in court, which may be incurred as a result of the User’s conduct ;

19. Website registration and login credentials
Registration on the site is required only for the purchase of consulting services. Registration on the site is free and does not involve any commitment.
The CUSTOMER guarantees that the information provided for registration is complete, correct and true.
Upon regular registration, the CUSTOMER will receive from HOSPITE the credentials of access to its reserved area.
The Access Credentials must be used exclusively by the CUSTOMER and cannot be transferred to third parties. The CUSTOMER must notify HOSPITE without delay in case of suspected misuse of the same. The Login Credentials can be changed by the user at any time by accessing their reserved area.
The CUSTOMER shall indemnify HOSPITE against any claim for compensation or penalty arising and or in any way related to the violation by the CUSTOMER of the rules on Registration on the Site. The CUSTOMER is solely responsible for accessing the Site through the Access Credentials and is directly liable for any damage or damage caused to HOSPITE or third parties by improper use, loss, misappropriation by others or failure to protect the proper secrecy of your Access Credentials. All transactions made through the Login Credentials are considered to be performed by the CUSTOMER to whom the Login Credentials refer.
The CUSTOMER acknowledges and accepts that HOSPITE may use any information deriving from its IT systems to monitor access to the CUSTOMER AREA and, if so, to test the operations carried out by the User.
The CUSTOMER may at any time cancel his subscription to the site by sending an email to hospitesrl@legalmail.it.

20. personal data processing
HOSPITE is the owner of the personal data collected at the time of registration on the site, as well as those communicated at the time of purchase by the CUSTOMER and in the execution of the contract and for any consent to the receipt of commercial information. For details of the payment procedure, please refer to the bank through which the transaction takes place.
Pursuant to art. 13 of EU Regulation 2016/679 (hereinafter referred to as “GDPR 2016/679”), laying down provisions for the protection of individuals and other subjects with regard to the processing of personal data, the personal data provided by the CUSTOMER will be processed in compliance with the above mentioned legislation, fair INFORMATION also downloadable on the page https://www.hospite.it/privacy-policy/ of which, in the phase of formulation of the purchase order, confirmation of reading will be requested.
In particular, the CUSTOMER may exercise the rights referred to in articles 15 to 22 of EU Regulation 2016/679, indicated in the aforementioned information.
For the purpose of receiving commercial information, the CUSTOMER will expressly release his consent, which can be found on the page PRIVACY POLICY.
The processing of the data of the CUSTOMER will be carried out and the data stored in the HOSPITE database in compliance with what is established pursuant to and for the purposes of art. 13/14 of Regulation (EU) 2016/679; the processing will be marked by HOSPITE, Data Controller, the principles of correctness, lawfulness and transparency, as well as the protection of privacy and the rights recognized by law to the CUSTOMER. The processing of data with respect to the reports will take place anonymously and in a manner that does not allow the traceability of the same to any subject. The processing will take place only within the limits of the purposes for which the data are collected.
The data will be processed for management purposes deriving from the execution of the contract (legal basis) and will be deleted after two years from the completion of the execution itself. In particular, in the case of Mystery Auditing activities, the data will be kept for the time strictly necessary to plan and perform quality control, internal audit and training activities, and will be subsequently deleted.
The CUSTOMER may at any time request to make use of all the rights provided by current legislation, including the request for modification and/or deletion of data as described in the above information, writing via pec to hospitesrl@legalmail.it.
The CUSTOMER expressly authorizes HOSPITE to request and acquire from third parties data and information of possibly personal nature (for example, in the event that employees of the company reveal any friction, personal conflicts and antipathy towards colleagues or superiors whose names they could declare) in the terms and limits specified below. HOSPITE undertakes not to divulge, disseminate and communicate information and personal data to any unauthorized party. In particular, as part of the required activities of quality control, internal audit, the CUSTOMER authorizes HOSPITE to acquire material consisting of written and oral messaging, audio recordings, telephone recordings of its employees intent on carrying out their work at the CUSTOMER’s premises and photographic images referring exclusively to the environments.
The CUSTOMER may request the aforementioned material from HOSPITE, which will use all technical and organizational tools to prevent and protect the aforementioned data, making them anonymous (without prejudice to the self-assessment and hetero-evaluation formats beyond feedback 360, which by their very nature cannot be anonymised), after which the CUSTOMER will take care of and be obliged to destroy the material received by the agreed deadline between the parties, with the obligation not to make any other use of it except as described here and in particular that it will not make any use of the aforementioned material with regard to activities of selection and control of the work and labor law of the staff.
HOSPITE will maintain the utmost confidentiality in this regard, and in particular it is hereby authorized by the CUSTOMER not to report or repeat any respect so learned, using professional secrecy. The CUSTOMER assumes all and widest responsibility in this regard, raising, indemnifying, freeing and holding harmless Hospite from any responsibility for facts and/or acts inherent and consequent to the performance of the activities described in this paragraph;

21. compensation for damage
in cases where the CUSTOMER’s right to compensation is provided for in any title, reason or cause, whatever the nature of the damage, the parties acknowledge that the indemnifiable damage is limited to the value of the delivered product;

22. effectiveness of acceptance of the click
HOSPITE reminds its CUSTOMERS that every validation click on the site has the same value between the parties as a handwritten signature;

23. communications, complaints and reports.
For communications, complaints, reports and requests for information from CUSTOMERS, HOSPITE provides the following contact details: e-mail to info@hospite.it; by mail to HOSPITE – CUSTOMER SERVICE – Villorba – 31020 (TV) – Vicolo G. Verdi No. 65; telephone number 0422 1521932 from Monday to Friday, from 9 am to 6 pm;

24. ineffectiveness and nullity, partial or total, of any of these clauses
If any clause of these conditions is found, in part or in whole, to be invalid or ineffective, the remaining clauses (or the remainder of the clause) shall remain fully effective between the parties;

25. applicable law and place of jurisdiction
The purchase contract and its execution is governed by the Italian Law.
These GCF are in particular governed by the Consumer Code, the rules on electronic commerce (D. Lgs. n. 70/2003 and s.m.i.) and the Civil Code. Pursuant to art. 60 of the Consumer Code, the rules contained in Part III, Title III, Chapter I of the Consumer Code are expressly mentioned here.
For disputes relating to relations between HOSPITE and the consumer CUSTOMER, the competent court is the place of residence or domicile of the consumer, located in the territory of the Italian State.
For disputes relating to relations between HOSPITE and the professional CUSTOMER, the Court of Treviso, the registered office of HOSPITE, has exclusive jurisdiction;

26. Online dispute resolution for consumers
HOSPITE informs the CONSUMER CUSTOMER of the possibility to use, for the resolution of any disputes arising from the contract or its execution, an online platform.
HOSPITE is available to answer any questions submitted by e-mail to the email address published in this document.
Before submitting the Purchase Order, the CUSTOMER will be asked to confirm that he has read and fully accepted these GCF.
Pursuant to and for the purposes of art. 1341 and 1342 cc , will also be required to the CUSTOMER a specific approval of the contractual clauses provided for in the following articles: 1- subject; 2- formulation purchase order of books, magazines, merchandising and other goods as displayed in the shop section; 3- formulation purchase order of consulting services as set out in the shop section; 4- conclusion of the purchase contract of products; 5- method of payment of the consideration and any delivery costs; 6- occurrence of unforeseen and unforeseeable circumstances or of force majeure elements; 7- delivery of purchased goods; 8- right of withdrawal – second thought; 9- guarantee of conformity of the goods purchased; 10- legal guarantee provided for by the Civil Code in the matter of purchase contract; 11- manufacturer’s liability for damage by defective goods, in favour of CONSUMER CUSTOMER; 12- possible elaboration of the data sheet of the consulting services; 13- obligations of the CUSTOMER regarding the services purchased; 14- HOSPITE’s responsibility for the services purchased by the CUSTOMER; 15- copyright, intellectual and industrial property rights; 16- obligation of confidentiality and secrecy; 17- withdrawal of parties; 18- use of the site; 19- registration and access credentials; 20- processing of personal data; 21- compensation for damage; 22- effective acceptance of the click; 23- communications, complaints and requests for information; 24- ineffectiveness and nullity, partial or total, of any of these clauses; 25- Applicable law and jurisdiction; 26- Online dispute resolution for consumers.