Terms and conditions

GENERAL TERMS AND CONDITIONS

The following terms and conditions govern the contract concerning the purchase of packages relating to the "Programs" and "Coaching" online which can be purchased on the website www.samuelfortuna.com .

By accessing the site, users undertake to accept and agree to comply with all the conditions contained in this declaration.

These General Conditions are governed by the provisions on distance selling, contained in Chapter I of Title III of Part III of the Consumer Code (Legislative Decree no. 206/2005) and by the rules on electronic commerce referred to in Legislative Decree Legislative Decree no. 70/2003.

The Customer is required, before proceeding with the purchase, to carefully read these General Conditions. The purchase of products and services online entails full acceptance, without reservation, of these general conditions of sale (hereinafter "General Conditions"). The customer is invited to carefully review the terms and conditions before making any purchase.

The General Conditions may undergo changes and the most updated version will always be available on the site in the "Terms and conditions" section. Samuel Fortuna reserves the right to modify these General Conditions at any time, without notice, and the same will be effective towards the Customer from the date of publication on the Site.

The Customer accepts and acknowledges that all communications, notifications, conditions, agreements, information and any possible revision of the elements just mentioned, characterizing transactions, including those of a commercial nature, will be provided in electronic form, and in any case will be considered satisfactory. the written form requirement when required by law.

  1. OBJECT OF THE SERVICE

The online "Programs" and "Coaching" offered by Samuel Fortuna aim to offer the Customer the tools to organize a personal health and well-being path through the combination of physical training, correct nutrition and motivational path.

The program is made up of digital products, downloadable PDFs, videos and online content capable of providing the Customer with a set of advice, indications and suggestions, reasoned and supported by professionals, regarding rules of good nutrition and physical activity aimed at establishing a healthy, active and sporting lifestyle, through the definition of objectives and motivational support for achieving them.

The online "Coaching" program provides personalized and subjective plans, formulated on the characteristics and needs of each person. It's a real journey done 1 to 1 directly with the Coach.

The training "Programs", however, are not customizable but are general and target all muscle groups equally.

All paths are not a substitute or supplement to therapies or any other medical prescription.

Any food advice does not constitute a diet. Following it is a free choice of the customer as he will be provided with general indications to inspire him to conduct training and a healthy and balanced diet.

Samuel Fortuna exempts himself from any moral or legal responsibility in the event that health and/or physical problems are encountered.

  1. TYPES OF PROGRAM

Training programs such as:

GOKU Protocol with original price of €29.99, launch price of €19.99.

Duration 13 weeks.

SSJ Protocol with original price of €34.99, launch price of €24.99.

Duration 13 weeks.

DIVINE Protocol with original price of €39.99, launch price of €29.99.

Duration 13 weeks.

Coaching services such as:

Coaching Silver, which can be purchased in 4 variants, 1, 3, 6 and 12 months, respectively at a cost of €44.99 for one month, €109.99 for the 3-month variant, €199.90 for the 6-month variant and €359.90 for the 12 month variant. Included with Coaching Silver you have:

  • Personalized training program

Coaching Gold, which can be purchased in 4 variants, 1, 3, 6 and 12 months, respectively at a cost of €54.99 for one month, €129.99 for the 3-month variant, €239.90 for the 6-month variant and €449.90 for the 12 month variant. Included with Coaching Gold you have:

  • Personalized training program
  • Whatsapp support
  • Physical checks every week

Premium Coaching, which can be purchased in 4 variants, 1, 3, 6 and 12 months, respectively at a cost of €79.99 for one month, €199.99 for the 3-month variant, €359.90 for the 6-month variant and €669.90 for the 12 month variant. Included with Coaching Silver you have:

  • Personalized training program
  • Whatsapp support
  • Physical checks every week
  • Nutrition advice
  • Integration tips
  1. CREATION OF A CUSTOMER ACCOUNT

Any subscription to an offer via the Site requires:

  • creating a customer account,
  • the express acceptance and recognition of these General Subscription Conditions e
  • the online payment of the amounts due in consideration of the Offers selected by the Customer.

Any Customer can freely create a customer account.

The creation of a customer account is carried out by the Customer by filling in the form that is proposed to him for his identification data.

This account is strictly personal and allows him, once he has expressly accepted these General Conditions of Sale and has proceeded with the online payment of his purchase, to access his personalized space.

When creating the Customer's Account, the Customer enters data that allows its identification under its full responsibilities, controls and directions and undertakes to provide complete, accurate and up-to-date information, and not to impersonate a third party, or hide or change your age.

When creating a customer account, the customer chooses their username (email) and password.

If the chosen password has already been assigned, the system requires it to choose another one.

The data and passwords are personal and confidential. The Customer is solely responsible.

The Customer agrees to keep his password secret and not to reveal it to anyone, under any circumstances and for any reason.

In case of suspected use of the username and password by third parties, the Customer must immediately notify Samuel Fortuna to change his password and/or choose to close his account.

Samuel Fortuna reserves the right to close any customer account and consequently suspend a Customer's Subscription in the event of improper, unfair, commercial, promotional or fraudulent use offered on the Site or failure to comply with the Customer's obligations defined in the Terms and Conditions of Subscription.

In this case Samuel Fortuna sends an email to the Customer concerned at the address provided by the latter when creating his account, informing him of the deactivation of his account and the suspension following his platform.

The Customer is informed that at the end of his registration period his account will be closed and that he will no longer be able to have access to the information he has entered in the context of the Offer he has subscribed to.

  1. ACTIVATION OF THE PROGRAM

Once registered, the Customer, following an initial contact, will provide a series of information via email which will allow Samuel Fortuna, based on the information he has entered, to draw up a personalized training program for his customer.

In particular, the User agrees to inform under his sole responsibility the answers to the questions asked to benefit from the program, which does not in itself constitute an obligation of result, but an obligation of means aimed at achieving a strictly indicative result.

Samuel Fortuna is in no case able to evaluate the suitability and true health of the client and a possible emergency situation in which the client is solely responsible for the use of the site and programs in this situation or otherwise, for any decision taken, and any action implemented, from the information provided in the questionnaire and the results presented as strictly indicative in the following questionnaire.

Samuel Fortuna is in no way responsible for the quality, timeliness, consistency, relevance, completeness and truthfulness of the data entered by the Customer, under his exclusive responsibility, control and direction.

Under no circumstances will Samuel Fortuna carry out any verification or control of consistency or relevance (including scientific, medical or health-related scope) of the data entered by the customer in the questionnaire. It is the client's responsibility to consult the relevant healthcare professional before making any doubtful decisions or actions.

  1. SUBSCRIPTION REGULATION

The price charged to the Customer is the rate indicated in the subscription confirmation sent to the Customer via email.

For the Offers, the Customer will proceed with online payment by credit/debit card (Visa, MasterCard, American Express, Maestro, UnionPay, ApplePay, GooglePay and PayPal) for all the months for the commitment period.

The Client is informed that the invoice corresponding to the withdrawal made as part of his Subscription.

Transactions carried out on the Site are entrusted to the secure online payment platform Shopify.

They are protected by a solution that offers highly secure pages for entering payment data.

This platform encrypts and subsequently transmits the payment data to the bank, in complete confidentiality, making them inaccessible to third parties.

  1. PAYMENT METHOD

The fees due for the purchase of individual subscriptions must be paid by the Customer at the time of registration using one of the payment methods indicated on the Site. Once payment has been made, Samuel Fortuna will send the Customer electronically a regular receipted invoice registered in accordance with the instructions provided at the time of registration.

Communications relating to payment and the data communicated by the Customer when this is made take place on special protected lines.

  • With reference to the "Programs"

Following payment, the Customer will receive an email containing the download link for the purchased product.

In the absence of receipt of the aforementioned connection link, the Customer may contact Samuel Fortuna by accessing the "contacts" section on the Site by communicating the details of the transaction, including the email ID through which the payment was made.

Once the correctness of the transaction has been verified, Samuel Fortuna will make the download link for the purchased product available to the Customer as soon as possible.

All intangible products, downloadable PDFs, videos and online content purchased on the Site are not refundable, nor transferable to third parties, nor exchangeable.

  • With reference to “Coaching” programs

Following payment, the Customer will receive an email containing the download link for the purchased product.

In the absence of receipt of the aforementioned connection link, the Customer may contact Samuel Fortuna by accessing the "contacts" section on the Site by communicating the details of the transaction, including the email ID through which the payment was made.

Once the correctness of the transaction has been verified, Samuel Fortuna will make the download link for the purchased product available to the Customer as soon as possible.

In case of purchase of the "Gold" and "Premium" packages, the customer will also receive the WhatsApp contact through which to receive direct contact with the Coach.

All intangible products, downloadable PDFs, videos and online content purchased on the Site are not refundable, nor transferable to third parties, nor exchangeable.

 

  1. COMPLETION AND EFFECTIVENESS OF THE CONTRACT

The Parties expressly agree with this agreement that the order compilation format and the presentation of the services offered on the Samuel Fortuna website are to be considered proposed, in the form of an offer to the public, while the compilation and forwarding of the format itself by the Customer , with simultaneous payment of the requested services is to be considered acceptance. This agreement is therefore to be considered concluded when Samuel Fortuna has received, following the sending of the Customer's acceptance, as defined in the previous article, on its server the message confirming the forwarding of a valid order by the latter.

  1. RENEWAL AND SUBSCRIPTION TERMS

Any Subscription to an offer from Samuel Fortuna is a single payment. The customer can renew the use of his platform by making an additional payment.

  1. PLATFORM SUSPENSION

If the Customer, for health reasons, is temporarily prevented from benefiting from the Offer subscribed to as part of his Purchase, his Subscription will be suspended for the duration of such inability.

The Client will be required to provide Samuel Fortuna with any proof of nature to attest to this temporary inability to practice sport and his inability in this context to benefit from his Subscription.

Upon receipt of the Customer's letter informing of his temporary unfitness to practice sports and the certifying proof, Samuel Fortuna will immediately suspend access to the Customer's platform for the duration of the period of unsuitability that has been notified to him.

  1. SUBSCRIPTION TERMINATION

10.1 Termination of the client due to permanent sporting disability

If the Customer, for health reasons, is permanently prevented from benefiting from the Offer subscribed to as part of his Subscription, this permanent inability to participate in sports will result in the termination of his Subscription.

The Customer is informed that he cannot request a refund of his Subscription to use the platform in this context.

10.2 Termination in the event of breach by the Customer of these Subscription Terms and Conditions

In the event of breach by the Client of any of his obligations under these General Subscription Conditions, Samuel Fortuna will send the Client an email asking him to comply with these General Subscription Conditions within 48 hours from the date of receipt of this registered mail. In the absence of regularization by the Customer within the time allotted to him, the registration will be automatically terminated without the latter being able to request the payment of any compensation following such termination.

10.3 Termination for Fraudulent or Illegal Use

Membership on the Client's platform may be terminated by Samuel Fortuna at any time with all rights, without formality and without notice, due to fraudulent or illicit use by the Client of the Program and the various services to which the Client will have access within the Site without prejudice to any damages that may be claimed by Samuel Fortuna as a result of such actions.

Customer will be notified of such termination by sending an email notifying Customer of the termination of its subscription. The Customer will not be able to request the payment of any compensation following such termination.

  1. REIMBURSEMENT

In the event of definitive unavailability of the Offers proposed by Samuel Fortuna as part of the Customer's Subscription, Samuel Fortuna will inform the Customer and proceed to refund the Customer without delay within thirty days of payment of the sums paid by the Customer for his purchase.

  1. RIGHT OF WITHDRAWAL

All products on sale on the Site are digital and, therefore, the possibility of exercising the right of withdrawal by the Customer is excluded pursuant to the new art. 59 Consumer Code which provides as a hypothesis of exception to the right in question " the supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal ”.

The execution is to be understood in any case as having begun with the download or opening of the link of the product purchased on the Site by the Customer.

  1. EXPRESS TERMINATION CLAUSE

They constitute, by way of example and not limited to, just cause for termination of the Contract governed by these General Conditions, pursuant to art. 1456 cc: the communication by the Customer of false or inaccurate data relating to their state of health of which they are aware; the disclosure by the Customer of confidential information without the express written consent of Samuel Fortuna in violation of the provisions regarding the protection of intellectual property rights inherent to the service; failure to comply with the limitations and restrictions indicated in point 9 of these General Conditions. It is understood that in the event of termination of the Contract, the Customer will not be entitled to a refund of the purchase price of the service.

  1. CUSTOMER RESPONSIBILITY

By accepting the following conditions, the Customer declares to be at least 18 years old, to be in good health and not to be affected by any serious diagnosed pathologies.

At the time of registration, the Customer is required to communicate to Samuel Fortuna her possible pregnancy status in order to allow the development of a calibrated nutritional and physical program, without prejudice to the fact that the information, advice, indications and suggestions covered by the program do not replace the advice, opinion, visits and prescriptions of the pregnant woman's doctor.

The Customer undertakes, under his/her own exclusive responsibility, to immediately communicate to Samuel Fortuna any change regarding his/her state of health or physical condition that occurs during the validity of the Contract governed by these General Conditions. The Customer acknowledges and declares that the falsity of the aforementioned declarations will in all respects constitute a serious breach pursuant to art. 1455 cc

The Customer is required to communicate to Samuel Fortuna all the information necessary for the development of an adequate nutritional plan and an adequate physical activity plan, both drawn up by experts registered in the respective specific professional activity registers.

The Customer is required to consult with his doctor if he has doubts about his state of health regarding the possibilities of doing physical activity and/or changing his diet.

The Customer is exclusively responsible for the information provided and for any possible damage deriving from the communication of false, incomplete, specious information as well as any reticence: by way of example but not limited to, intolerances or allergies deriving from the application of the food plan , injuries resulting from the application of the physical activity plan, etc.

  1. COMPANY LIMITATION OF LIABILITY

The Client releases Samuel Fortuna from any order of responsibility regarding the application of the training and personalized nutrition program as they are in the nature of guidelines and suggestions and not prescriptions.

The Customer will therefore be required to execute the program with a critical and censorious spirit, or will be required not to apply any suggestions if they are deemed by them, for any reason and for any reason, to be inadequate.

The physical training and personalized nutrition programs are developed by individuals falling within professional categories recognized by the respective competent registers/orders.

  1. USE OF THE PROGRAM AND COPYRIGHT

The site and its contents are the property of Samuel Fortuna. Likewise, digital products, downloadable PDFs, videos and online content on the Site are subject to copyright protection. Each digital product, ebook, downloadable PDF and online content sold is licensed to the individual Customer.

The customer is not authorized to copy, distribute, share and/or transfer the purchased product(s) (and/or their associated username/password) to third parties.

The Customer is also expressly prohibited from: using the program and documentation covered by the service for the purpose of developing a competing hardware and/or software product; copy, even partially, the program and/or its contents onto the devices of other natural or legal persons; transfer, sell or disclose to any person or company other than Samuel Fortuna codes, serial numbers, activation codes or other unique identifiers or means of identification issued to the Customer; use the program and/or its contents for commercial purposes, even partially, in gyms, fitness centers, wellness centers (and any derivation of such business models).

Failure to comply with the limitations and restrictions indicated in this article of these General Conditions will result in the immediate termination of the Contract governed by these General Conditions, pursuant to art. 1456 cc, without prejudice to compensation for damages.

  1. COOKIES

The use of cookies is regulated by specific information available on the site at https://shorturl.at/hwCJ7

  1. JURISDICTION

For all disputes that may arise from the interpretation or execution of these general contract clauses, the competent court will be that of Milan. This contract is regulated by the Italian law.

  1. PRIVACY

All data and personal information transmitted via the Internet to the Site and linked to the service covered by this contract are protected and processed according to the privacy policy, available on the site at https://shorturl.at/cmxGU , in accordance with the provisions of law in force.

The Customer is invited to carefully read and accept the privacy policy before transmitting his data and personal information.