Conditions of sale
1. Subject matter and parts of the contract
These terms and conditions of sale (hereinafter "T&C") govern the contract for the sale of products offered on the site BYHON.IT (hereinafter "SITE").
The parties of this contract are HON Consulting Srl dba BYHON, as identified above (hereinafter "BYHON"), and the consumer whose data are given in the order form (hereinafter "CUSTOMER"). With this contract, BYHON offers the services chosen by the CUSTOMER in the order form and are to be considered an integral part of the contract.
2. Effectiveness of the contract
2.1 - The T&C are available on the SITE so that the CUSTOMER may read them before registering their account and before making any purchase. In any case, the CUSTOMER must accept the T&C before placing an order and can print a paper copy of the page of the T&C.
2.2 - The T&C that apply to the sale of services are those published on the SITE at the time of the order. The CUSTOMER, therefore, must carry out the above before proceeding with each purchase.
2.3 - The mere tolerance or non-contestation by BYHON of any breach of the T&C by the CUSTOMER shall not be construed as tacit acceptance of such breaches, nor as a desire to make an exception, even implicitly or by implication, to what has been agreed between the parties.
3. Procedure of sale
3.1 - The CUSTOMER who wishes to purchase services for remote training in the standard rules of functional safety or cybersecurity must place a purchase order and carry out payment on the SITE, following the procedures.
3.2 - The CONTRACT is governed by the purchase order issued by the CUSTOMER, the order receipt issued by BYHON, and the T&C. To make a purchase, you must add a product to the virtual cart of the SITE (the virtual cart is an area for saving the chosen products with their own characteristics, quantities and costs).
After choosing one or more products, you can send a purchase order. The order is processed once you have confirmed submission of the purchase order.
A CUSTOMER who has registered on the SITE must keep his access data confidential and not disclose them to third parties. BYHON also offers a security procedure for resetting the access password in case you lose it.
Once you have created a personal account, you will be able to access the SITE with your email address and password chosen during the registration process or purchase procedure.
It is the CUSTOMER's responsibility to check the accuracy of the order (services in the cart and respective quantities) before sending it. Complaints regarding any errors in the compilation of the order or execution of the online purchase procedure will not be accepted.
If you experience any problems during the purchase, submission or confirmation of the purchase order, please contact BYHON at mailto:firstname.lastname@example.org stating your name, company name and telephone/email address. A BYHON employee will contact you very soon.
Once you have placed an order, BYHON will send a copy of the purchase order to the email address you gave during the purchase procedure. BYHON will then process the purchase order, respecting the following points 4, 5, 6, 7, 8 and 9.
After the first email is sent, BYHON will assess the feasibility of the order and send another email to confirm the schedule of the course(s). This email is automatically sent to the same address you provided during the purchase procedure. You must check the accuracy of the email and inform BYHON immediately of any errors. BYHON considers the order to have been accepted when it sends the CUSTOMER the second email concerning the order confirmation with which the contract with BYHON is concluded. A BYHON representative will promptly contact the CUSTOMER if problems of any kind occur.
By sending an order the CUSTOMER makes a request to purchase the service(s) at the price indicated therein. Prices are checked regularly.
No obligations relating to the planning of the course(s) will arise for BYHON until the second order confirmation email is sent. If the CUSTOMER finds that he has made an error in placing the order, he is asked to contact BYHON immediately at email@example.com stating his name (or company name) and telephone number/email address. A BYHON employee will reply very soon. The CUSTOMER must report any errors before BYHON sends the second order confirmation. BYHON is unable to correct orders after that time, but the CUSTOMER is in any case guaranteed the right of withdrawal as indicated below.
The CUSTOMER undertakes to pay the total price stated in the order.
5. Methods of payment
The following payment method is accepted: bank transfer.
6. Availability of goods
The CUSTOMER can purchase only and exclusively the services in the catalogue published on the SITE. If the order exceeds the available quantity, the order will be accepted for the number of services available and a BYHON representative will contact the CUSTOMER by email or telephone.
7. Provision of the service
The course(s) are planned as described above upon receipt of payment (by bank transfer).
BYHON will contact the CUSTOMER at the address provided by the CUSTOMER during the purchase procedure to plan the purchased courses. No responsibility can be attributed to BYHON for delays in the planning of the course(s) due to incorrect or incomplete indication of the contact details for the ordered training service and, in any case, due to unforeseeable circumstances or force majeure.
8. Rights and obligations of the Customer
By accepting this contract, the CUSTOMER declares to have read and accepted the T&C in their entirety.
The CUSTOMER is solely responsible for the truthfulness and correctness of the information provided to BYHON during the purchase procedure and undertakes to make or promptly communicate any changes to the data entered if these are no longer accurate or true.
The CUSTOMER declares not to have entered false or fictitious data during the purchase procedure and therefore declares that the data entered are correct. BYHON reserves the right to prosecute all violations and abuse in the court having jurisdiction. The obligations assumed by the CUSTOMER in the present article as well as the guarantee of complete payment carried out by the CUSTOMER pursuant to article 5 are of an essential nature to BYHON, who reserves the right, in the case of breach of one of the aforementioned obligations, to rescind the contract, without prejudice to any right for compensation for damages.
The CUSTOMER, before making each purchase and during the purchase procedure, declares:
- to have read, understood and accepted the T&C;
- to be a person of legal age in possession of the legal capacity to act.
The CUSTOMER undertakes, once the purchase procedure on the SITE is completed, to save the emails sent by BYHON (summary and confirmation of the purchase order) as well as a copy of the purchase receipt corresponding to the order.
The CUSTOMER undertakes to pay the amount due using the method indicated on the SITE at the time of sending the purchase order.
The CUSTOMER must contact BYHON at its contact details to request support or make any complaints in relation to the services purchased.
Termination and cancellation of orders
BYHON will terminate and cancel orders only if the points previously described in the T&C are not respected. The CUSTOMER assumes a binding commitment in sending the order and will not be able to terminate or cancel an order except by contacting BYHON who must give its authorization.
Exception is made in the case where the reason for cancellation is the extension of the initial order or a change in the quantity of the same. In this case the CUSTOMER must contact BYHON directly at its contact details.
9. Rights and obligations of the Seller
Provision of services
BYHON undertakes to provide services remotely to the email address indicated by the CUSTOMER during the purchase procedure. BYHON will not be liable for errors in provision due to inaccuracies or incompleteness of the data relating to the email address entered by the CUSTOMER during the purchase procedure.
Training services are provided through the Microsoft Teams platform. BYHON is also not liable for failure to perform, or delay in the performance of, its obligations under these T&C arising from causes beyond its control including: natural disasters, government action, war, fire, flood, explosion or insurrection, disruption of IT or telecommunications services, default of third parties (including failure to provide data) and strikes.
Non-availability of services
If BYHON is unable to fulfil the purchase order due to even temporary lack of availability of the requested service(s), BYHON will inform the CUSTOMER via email or telephone of the cancellation of the order and will refund, free of charge, the price already paid for the purchase of the service(s) concerned.
10. Prices displayed
All prices displayed on the SITE (unless explicitly and clearly stated otherwise) are inclusive of VAT.
11. Fiscal documentation
The CUSTOMER can decide whether to request an invoice. He should request the invoice during the purchase process and enter all the required tax data before sending the order or when creating his account.
12. Right of withdrawal
The right of withdrawal is regulated by article 64 et seq. (Exercise of the right of withdrawal) of Legislative Decree no. 206 of 09.06.2005, as amended.
The right of withdrawal is understood (article 64 of Italian Legislative Decree 206/05) as the right of the CUSTOMER to withdraw, for any reason and without penalty, from a purchase contract concluded at a distance (except as specified in point 4 of this document). The right of withdrawal consists in the refund of the amount paid by the CUSTOMER against the cancellation of the request for the services purchased.
The right of withdrawal is subject, as by law, to the following conditions:
- The consumer has the right to withdraw from the distance contract without penalty and without giving a reason within 14 working days from the day of confirmation of planning of the course(s).
- To exercise the right of withdrawal, the consumer must send, within the period stated in point 1, a written communication by email to: firstname.lastname@example.org. The following details must be clearly stated in the communication:
- the CUSTOMER’s company name;
- telephone/email address;
- reference to the purchase order number;
- the desire to withdraw from the purchase;
- description of the cancelled training service and the amount paid.
- The purchased service concerned must not already have been partially provided. The right of withdrawal does not apply to services that have been partially provided.
- If the right of withdrawal is exercised in accordance with the provisions of article 64 et seq. of Legislative Decree no. 206 of 09.06.2005 referred to above, BYHON will refund the amount paid by the CUSTOMER for the cancelled service. This refund will take place as soon as possible and in any case no later than 30 days from the date of receipt of the notice of cancellation of the service.
- The refund will be made with the same payment method used by the CUSTOMER at the time of purchase.
The CUSTOMER must indicate his bank details directly in the notice of withdrawal when sending the same.
13. Use of the Site
Description and display of services
BYHON’s services are described on the SITE. The images and/or presentation videos of the services accompanying the descriptive information are displayed on the SITE for guidance, also considering that the quality of the images may depend on the programs and IT tools that the CUSTOMER uses when browsing the SITE.
BYHON assumes no responsibility for any problems that the CUSTOMER encounters during use of the SITE and technologies as they are outside its control, such as, but not limited to:
- errors, delays or inability of the CUSTOMER to access the SITE and complete a purchase;
- errors, delays or inability of the CUSTOMER to receive BYHON’s communications relating to the sale of products.
In any case, BYHON undertakes, as far as possible, to solve any problems that occur and to offer the CUSTOMER all support required to obtain a quick and satisfactory solution to the problems.
14. Express termination clause
The contract will be automatically terminated pursuant to and for the purposes of article 1456 of the Italian Civil Code in the event of the CUSTOMER’s failure to fulfil even just one of the obligations in point 8 "Rights and obligations of the Customer". The contract is terminated automatically when BYHON declares that it intends to resort to this express termination clause.
15. Intellectual and industrial property rights
BYHON informs that the SITE, as well as all trademarks and distinctive features – including those of other companies and/or related companies – used by BYHON in connection with the sale of services, is protected by applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, of the contents of the SITE, the trademarks and distinctive features used by BYHON (such as, for example, images, presentations, graphics, colors, functions and design of the SITE) is prohibited.
16. Protection of personal data
BYHON guarantees the CUSTOMER that the personal data acquired in connection with the sale of products will always be processed lawfully and correctly, in full compliance with the provisions of Legislative Decree no. 196 of 30 June 2003 as amended.
17. ODR – Online Dispute Resolution
ODR (Online Dispute Resolution) is a process that allows resident consumers to lodge complaints about contracts concluded online (for the purchase of both goods and services) with companies based in the EU.
The consumer should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.
The consumer can use this tool to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded on the internet. European consumers can therefore use this platform to resolve any dispute arising from the online contract with the seller.
The platform is available at THIS LINK.