1. Professional Identification
The services covered by these general conditions are offered for sale by Ferrari Fashion School s.r.l., registered office in Milano, Via U. Visconti di Modrone nr. 2, enrolled to Milan Chamber of Commerce, CF n. 08913130962, tel. 0245375390, email info@ferrarifashionschool.com, pec ferrarifashionschool@pec.it, hereinafter also referred to as “Professional”.
2. Object of the contract
Ferrari Fashion School s.r.l. organizes professional training courses, with reference to fashion and design, intended for operators in the sector and those who want to specialize in these fields, refining their techniques and skills. The lessons and training courses are aimed at perfecting the students’ skills and technical and practical knowledge to achieve specific preparation for the fashion sector.
The training offer is developed in Professional Courses, also for independent modules, in person and/or online, with a variable duration from 1 to 3 years, Short Courses and Post Diploma Specialization Courses, aimed at training highly specialized figures in the Fashion sector and of luxury. The various types of training offered, their content, and the educational program are published on the website www.ferrarifashionschool.it and must be expressly selected by the Purchaser at the time of enrollment in the course deemed of interest. By signing the general contract conditions and the registration form, respectively, the Professional sells, and the Purchaser remotely purchases, via telematic tools, the services relating to enrollment in the course described in the registration form. The services are also analytically described on the professional’s website at www.ferrarifashionschool.it.
3. Method of signing the contract and effectiveness
The contract between the Professional and the Purchaser is concluded by remote signing via telematic tools. The Parties acknowledge that the Purchaser, by signing electronically, gives his consent and purchases the services in question, thus assuming a commitment to the relative payment, shown in the registration form. The contract thus generated, including the general conditions and the registration form, is printable and contains all the details of the relationship, the price of the service purchased, the duration of the relationship, any additional ancillary charges, payment methods, and terms, times for the provision of the service, the regulation of the right of withdrawal, as well as consent to the processing of personal data. When the Professional receives the signed contract electronically from the Purchaser, the relationship is considered perfected. In any case, the Professional shall within a reasonable time send the Purchaser the contractual documentation together with all the signatures.
4. Times and method of execution
The Professional will provide the service chosen by the Purchaser, indicated in the registration form, and analytically described on the website www.ferrarifashionschool.it and illustrated again at the time of the offer and the signing of the contractual documentation, as confirmed in the e-mail summary referred to in the previous article 3). The provision of the service will begin within the term indicated in the registration form and on the website www.ferrarifashionschool.it. If the Professional is unable to provide the service within the established deadlines, timely notice will be given
by e-mail to the Purchaser, with an indication of when the Professional expects to be able to start the service or the reasons that make the service definitively impossible. If the Purchaser does not intend to accept the new term or the performance has become impossible, the Purchaser may request a refund. The contract will have the duration indicated in the registration form and will terminate automatically at the end of the term.
5. Price
The price of the chosen service is illustrated in the registration form, which forms an integral and substantial part of this document. The price of the services is inclusive of any tax. Any costs of using remote communication techniques used for the provision of the service, which are subject to different and\or higher tariffs than those ordinarily applied for the same activities, are in any case included in the purchase price. If the Professional finds himself in the imperative need to change the conditions and the price after the start of the service itself, must give adequate notice to the Purchaser, who will be able to freely choose whether to continue with the contract under the new conditions or withdraw, without additional costs or penalties. The choice must be communicated in writing to the Professional within the following 10 days.
6. Payment
By signing the general contract conditions and the enrollment form, the Purchaser (or whoever takes his place) undertakes to pay the entire price established for the selected course, even in the case of multi-year duration and split payment. With the sole exception of a correct and timely exercise of the right of withdrawal, as governed by the following art. 12, the Buyer’s failure to participate and\or renunciation of the course, due to a fact not attributable to the Professional, does not entail any right to a reduction in the price due and\or refunds, not even partial. Similarly, the renouncing Purchaser is in any case required to pay the entire price, even in the presence of a multi-year course and/or in the presence of a deferred payment plan, not having the right to a refund, even partial, of the sums paid. In the event of failure, partial and/or delayed payment of the amount due to the Professional, the latter will have the right to consider any relationship with the Purchaser terminated, exempting the student from lessons. The Professional may also withhold any advance received, proceeding with the compulsory recovery of the amount still owed by the Purchaser, with additional costs only for the defaulting party.
7. Methods of payment and reimbursement
Any payment by the Purchaser can only be made by bank transfer to a current account held in the name of Ferrari Fashion School S.rl., indicated on the registration form, or by debiting a credit card. Any refund to the Purchaser will be credited using the same method, by the law.
8. Limitation of liability
The Professional assumes no responsibility for disservices attributable to force majeure, if he is unable to execute the services within the time limits established by the contract, or if he finds himself in the condition of not being able to provide the service in whole or in part. The Professional cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond his control and\or that of his suppliers. Furthermore, the Professional will not be liable for damages, losses, and costs suffered by the Purchaser following the non-execution of the contract, for reasons not attributable to him, since the Purchaser is only entitled to a refund of the price paid for the part of unused services, excluding any form of compensation and\or indemnity. The Professional assumes no responsibility for any fraudulent or illegal use that may be made by third parties of the means of payment used to pay for the services purchased.
9. Guarantees and methods of assistance
The Professional is liable, apart from the provisions of point 7 above, only for the non-compliance of the service provided for the characteristics illustrated at the time of the proposal on the website www.ferrarifashionschool.it and in the registration form.
10. Buyer’s obligations
The Purchaser acknowledges that by affixing his signature, he undertakes to pay the price of the service purchased, within the times and methods indicated in the registration form and to communicate to the Professional all the data necessary to make the correct provision of the service possible. Once the subscription procedure has been completed, the Purchaser undertakes to print and keep this document and the other documents contained in the summary email. The information contained in this contract has already been viewed and accepted by the Purchaser, who acknowledges it, as this step is mandatory before the purchase confirmation.
11. Supplier’s obligations
Without prejudice to what is specifically provided for by the Supplier in the previous points, to be understood as expressly referred to herein, the supplier undertakes to provide the service with the utmost diligence, good faith, and correctness.
12. Right of withdrawal
The Consumer Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days, starting from the day of the conclusion of this contract. If the right of withdrawal is exercised after submitting a request according to art. 51 paragraph 8 of the consumer code, or when the provision of services has begun before the expiry of the 14-day term for exercising the right of withdrawal, the Purchaser is required to pay the Professional the reasonable costs incurred by the same, proportional to what was provided until the declaration of withdrawal, concerning all the services provided for in the contract. If the Purchaser decides to exercise the right of withdrawal, he must notify the Professional by registered letter with a return receipt, to the address Ferrari Fashion School S.r.l. Via U. Visconti di Modrone, 2, 20122 Milan or by pec at ferrarifashionschool@pec.it, using the form called “Standard withdrawal form” on the website www.ferrarifashionschool.it, or by submitting any other explicit declaration of your decision to withdraw from the contract. To be entitled to a refund of the price paid, the Purchaser must have effectively ceased using the service from the very moment in which he expressed his will to exercise the right of withdrawal and must return any capital goods in his possession, intact and, however, in normal condition. In the event of an effective withdrawal, correctly exercised within the terms of the law, the Professional will refund the amount paid by the Purchaser within 14 (fourteen) days of receipt of the communication of withdrawal. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties are released from their reciprocal obligations.
13. Organizational methods
The Professional has the right to make, at its discretion, any variation to the courses and lessons, both of a content, methodological, and/or organizational nature, at its sole discretion, without entailing any right for the student to compensation, refunds, or compensation of any kind. The Professional also reserves the right to suspend or cancel a course or module (I, II, III years) in the event of failure to reach the minimum number of enrolled students, without this implying any right to compensation, refunds, or compensation of any kind. In any case, any termination of the contract, however occurred, will have no effect in relation to the services already performed, even only in part, without any restitution burden on the part of the Professional.
14. Course attendance
Attendance is mandatory. The Purchaser undertakes to attend all the lessons of the selected training program, with the consequence that failure to attend 80% of the scheduled lessons will result in the non-admission to the exams and the school’s failure to issue the final certificate. To this end, Ferrari Fashion School s.r.l. prepares and publishes the course calendar on the website www.ferrarifashionschool.it which, in any case, provides for the closure of the school and the suspension of lessons on the following days, which will not be counted as absences: 7 and 8 December (patron saint’s day for the Milan office) Easter Week (from Holy Thursday to Easter Monday included), May 1st, April 25th, June 2nd, November 1st and 2nd, Christmas Holidays (from December 22nd to January 6th included).
15. Making up of lessons
The Purchaser who, due to documented cases of illness or serious personal, family, or work reasons, does not attend some lessons, will have the right to make up to a maximum of 10 lessons overall per school year, for multi-year courses ( laboratory activities excluded).
Days of absence that correspond to national or local holidays are not considered days with the right to make up. The Professional undertakes to guarantee the correct execution of the make up in the times and in the manner that will be determined by the same at its sole discretion.
16. Lessons interruption
The Professional reserves the right to suspend from the lessons or to exempt the Purchaser from attending the courses for which he has applied, by simple written communication, if the Purchaser should manifest a behavior of bad conduct or in any case not suitable for the school environment or that could disturb or compromise the correct and serene conduct of the lessons. These measures do not affect the Buyer’s obligation to pay the amount due to the Professional by virtue of his registration.
17. State of premises and capital goods.
The Professional reserves the right to suspend from the lessons or to exempt the Purchaser from attending the courses for which he has applied, by simple written communication, if the Purchaser should manifest a behavior of bad conduct or in any case not suitable for the school environment or that could disturb or compromise the correct and serene conduct of the lessons. These measures do not affect the Buyer’s obligation to pay the amount due to the Professional under his registration.
18. Disclaimer and Indemnification
The Purchaser hereby releases and holds harmless Ferrari Fashion School s.r.l. for any liability for damages, of any kind, possibly caused during lessons to himself/herself or other students and/or school staff. The Purchaser is also personally liable for any damage he/she may cause to the classrooms and teaching tools/materials of which he/has has acted as custodian.
19. Educational material, creations, drawings and models and express termination clause
The Purchaser acknowledges that the tools and all the didactic material provided by Ferrari Fashion School s.r.l., as well as any design or model – and any creation in general – created by students and teachers during the lessons, is the exclusive property of the school and is protected by the law on intellectual property. This material may not be reproduced or disclosed to third parties in any way without the prior written consent of the school. Failure by the student to comply with the rules on copyright entails the automatic termination of the relationship according to art. 1456 of the civil code and will be punished with the sanctions established by law, without prejudice to the right of the school to request and obtain compensation for the damages suffered.
20. Issuance of the diploma
Upon completion of each course\training program, the Professional issues a professional qualification diploma or Master’s degree to the Purchaser, which certifies that the course has been attended and passed. This recognition does not represent a document equivalent to high school and/or university or post-university diplomas.
21. Use of images, audio\video recordings
By signing the general terms and conditions and the registration form, the Purchaser authorizes Ferrari Fashion School s.r.l., in the person of its legal representative, to use its images contained in any photographic/audio/video footage taken by the staff of the school (or by another operator appointed by it) during the lessons. These images will be intended for the realization of projects – educational activities, as well as for the commercial promotion of the school, and may be inserted in newspapers, television broadcasts, DVDs, or other suitable storage media. Such photo\audio\video material may also be publicly disclosed during projections and television broadcasts or published on the company’s websites or social networks, also for promotional purposes. The installation and use of the images are to be considered free of charge.
22. Protection of confidentiality and processing of the Buyer’s data
The Professional protects the privacy of his clients and guarantees that the processing of data complies with the provisions of the privacy legislation.
The personal and fiscal data acquired directly from the Data Controller are collected and processed in paper, IT, and telematic form, concerning the processing methods to register the order and activate the procedures for its execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service. The Professional undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of the contract. Failing that, the Buyer’s request cannot be processed. In any case, the acquired data will be kept for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done safely.
The owner of the collection and processing of personal data is the Professional, to whom the buyer can address any request at the company headquarters.
23. Manner of agreement archiving
The Professional informs the Purchaser that the general contract conditions and the registration form are stored in digital and paper form on the server and at the Professional’s headquarters, according to confidentiality and security criteria.
24. Communication and claims
Written communications directed to the Professional and any complaints will be considered valid only if sent to the following e-mail address info@ferrarifashionschool.com, or to the pec address ferrarifashionschool@pec.it. In the registration form, the Purchaser indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from the Professional to be sent.
25. Dispute settlement
All disputes arising from this contract will be devolved into an attempt at conciliation with the mediation body of the Milan Chamber of Commerce and resolved according to the Regulation adopted by the same. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the consumer, mandatory according to art. 33, paragraph 2, letter u) of the consumer code.
26. Transferability
This contract is not transferable.
27. Invoicing
Following the new electronic invoicing tax regime that came into force on 1 January 2019, for legal and tax reasons, all invoices will be addressed only and exclusively to the enrolled student. The only exception will be made if the member is dependent on companies/companies with a VAT number. The invoices issued will show the price relating to the entire amount to be paid for the tuition fee, based on the course and the payment conditions specified in the enrollment phase, with the agreed payment methods remaining valid.