Pilates Time

Art. 1 – DEFINITIONS

1.1. These General Terms and Conditions, which are available to the consumer for reproduction and storage in accordance with Article 12, French Legislative Decree No. 70/2003, relate to the purchase of monthly or annual subscriptions to digital streaming pilates courses, in French and English, via the Internet using smartphones, computers, tablets or other devices connected to the Internet, and carried out remotely via the Internet through the website www.pilatestime.com.

1.2. By "online" sales contract is meant the distance contract, i.e., the legal transaction concerning movable goods and/or services stipulated between Marcenaro Paola and a final consumer - customer or other professional user - within a remote sales system established by Pilates time, which, for this contract, employs exclusively the distance communication technology known as the Internet.

1.3. Consumer is defined as a natural person who purchases goods and services for purposes that are neither directly nor mediately related to his or her professional activity.

1.4. Professional user is defined as a natural or legal person who purchases goods and services for purposes directly or indirectly related to his or her professional activity.

Art. 2 – ACCEPTANCE OF THE SALES CONDITIONS

2.1. These General Terms and Conditions are in force starting on the 1st of August 2023 and may be updated, supplemented or amended, with obvious effect for the future, at any time by Pilates time, who shall give notice thereof through the pages of the website; the conditions set forth in the preamble are a key and essential part of this contract.

2.2. All contracts will be concluded directly by means of access by the consumer or professional user to the website www.Pilatestime.com, where they can, in fact, conclude the contract for the purchase of the desired good and/or product by carefully following the indications and guided procedures provided in the various screens.

2.3. These General Terms and Conditions of Sale must be examined "online" before the purchase procedure is completed. The submission of the order confirmation therefore implies full knowledge and acceptance thereof.

2.4. The customer or professional user, by submitting electronically the confirmation of their purchase order, unconditionally accepts and undertakes to observe, in their relations with

Pilates time, the general and payment terms and conditions illustrated below, declaring that they have read and accept all the information provided by the latter in accordance with the above-mentioned regulations, also acknowledging that Pilates time does not considers bound to different terms and conditions unless previously agreed in writing.

2.5. Sales transactions are regulated for the consumer by the provisions of French Legislative Decree no. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of French Legislative Decree no. 196 of 30/06/2003, EU Regulation 679/2016 and subsequent amendments and additions, for which please refer to the relevant specific information notice.

Art. 3 – SALES PRICES AND METHODS OF PURCHASE

3.1. Products, prices and Terms and Conditions of Sale on the website www.pilatestime.com represent, for the consumer and for customers other than consumers, an offer to the public and, therefore, in order for the contract to be concluded, they require the consumer's acceptance, manifested through the exact compilation of all sections and the online subscription, by following the on-screen instructions and, finally, by checking and, therefore, accepting the boxes marked “I accept the General Terms and Conditions and have read and understood the Privacy Policy”.

3.2. All customers can pay for subscription services using the payment methods indicated "online" at the time of purchase. Payment will be repeated automatically in the chosen periodicity (monthly or annual) without notice, until cancelled.

3.3. Pilates time has the right to change the subscription prices; the customer will be notified of such changes with 30 days' notice. In such cases, the customer has the right to withdraw from the contract without incurring any penalty.

Art. 4 – DISTRIBUTION METHODS

4.1. Activating the subscription will give the right to access all the video courses uploaded at the time of purchase as well as those uploaded subsequently during the validity of the subscription. To obtain the access, the customer is required to create a personal account on the website and follow the instructions that will be sent by e-mail immediately after the purchase, together with the summary e-mail and the receipt. Therefore, unless otherwise specified, the activation of the service takes place immediately after completion of the order procedure and upon successful payment. The access to the pages or platforms implies that the customer has a suitable continuous Internet connection and adequate familiarity with the use of digital platforms, which are indispensable prerequisites for the use of the services.

4.2. The access to the courses will take place immediately after purchase, by following the instructions on the individual screens. The content will be immediately available after completing the indicated steps.

4.3. At the time of purchase, the customer is required to test the correct access to the platform. If no notification of malfunctioning or difficulty of access is reported by the customer within 5 days of purchase, access to the materials and platforms shall be deemed to have been successful and no objection may be raised by the customer in this respect.

Art. 5 – SUBSCRIPTIONS AVAILABILITY

5.1. The customer can purchase either monthly or annual subscriptions under the conditions indicated in the electronic catalogue.

5.2 The customer will be able to access all material available on the platform and all subsequent new material uploaded onto it as an On-Demand service without any possibility of downloading the material itself, for as long as the subscription lasts.

Art. 6 – LIMITATION OF LIABILITY

6.1. Pilates time is not liable for disruptions in service due to Force Majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent the contract from being executed in whole or in part within the agreed time frame.

6.2. Pilates time shall not be liable towards any party or third parties for damages, losses and costs incurred as a result of the non-performance of the contract for the above-mentioned reasons. The consumer will only be entitled to a refund of the price paid.

6.3. Pilatestime is not responsible for any fraudulent and illicit use that may be made by malicious third parties of credit cards, cheques, and other means of payment, used during the purchase. As a matter of fact, at no time during the purchase procedure is Pilates time able to learn the buyer's credit card number, which, through a secure connection, is transmitted directly to the bank service provider.

6.4 Pilates time does not guarantee that a minimum number of new video lessons will be uploaded on a monthly basis and cannot be held responsible for this in any way. Videos available on the platform and accessible by subscription can be viewed in the catalogue, before the purchase, at the following link: https://pilatestime.thinkific.com/

Art. 7 – BUYER’S OBLIGATIONS

7.1. The consumer undertakes and is obliged, once the "online" purchase procedure has been completed, to print and store these General Terms and Conditions, which, moreover, they will have already viewed and accepted as a compulsory step in the purchase, as well as the specifications of the product to be purchased, and this in order to fully comply with the conditions set out in French Legislative Decree No. 206/2005 (Consumer Code).

7.2. These General Terms and Conditions may be updated or amended at any time by Pilates time, who will communicate this on its website and, in some cases, by e-mail. The consumer undertakes and is obliged, whenever there is a change to these General Terms and Conditions, to print and store them.

7.3. It is strictly forbidden for the buyer to provide false and/or invented and/or fictitious data in the registration procedure which is necessary to initiate the process for the execution of this contract and any further communication to the buyer; the personal data and e-mail address must be exclusively the buyer's own real personal data and not the data of third parties or fictitious data.

7.4. It is strictly forbidden to make double registrations belonging to one person or to enter the data of a third persons. Pilates time reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

7.5 Access to videos is provided through a monthly or annual subscription. Both forms of subscription are subject to automatic renewal for the same period (monthly or yearly). The customer is therefore aware of and accepts the continuous periodic payment until the subscription is cancelled. A reminder e-mail of the upcoming renovation will be sent only in the case of an annual subscription, 30 days before the renewal.

7.6 The customer may unsubscribe any time by entering the customer's private area, selecting Billing and clicking on the subscription plan; in this way, at the next renewal, the subscription will be cancelled without any further charge.

7.7 The customer releases Pilates time from any liability arising from the issuance of erroneous tax documents due to errors in the data provided by the customer, since the customer alone is responsible for the accurate data entry.

7.8 Pilates time's subscription services are intended only and exclusively for an audience of people of legal age. In the event that Pilates time learns that a person under the age of 18 has registered on the platform, she reserves the right to revoke access to the platform, interrupting the ongoing payments.

Art. 8 – RIGHT OF WTHDRAWAL

8.1. In accordance with Article 52 of French Legislative Decree No. 206/2005, the customer, for contracts concluded at a distance or off business premises, may exercise the right of withdrawal within 14 days of purchase, without having to provide any reasons and without incurring additional costs, except as indicated in this Article.

8.2 To exercise the right of withdrawal, the customer must send an e-mail to [email protected]  stating the wish to withdraw, within 14 days from the date of purchase (and not from the first access to the platform) and Pilates time will send an acknowledgement of receiving the request.

8.3. The exercise of the right of withdrawal terminates the obligations of the parties and, consequently, an access to the platform will immediately be permanently inhibited.

8.4 Pilates time will issue a refund within the next 14 days. The refund will be made using the same method used for payment, unless otherwise agreed between Pilates time and the customer (e.g., it could be agreed to be refunded by bank transfer, Paypal, Postepay recharge, etc.).

Art. 9 – AUTHORIZATIONS

9.1. By filling in the appropriate space on the https://pilatestime.thinkific.com website, the customer authorises Pilates time to use their credit card, or any other card issued in substitution thereof, and to charge their current account in favour of Pilates time with the total amount shown as the cost of the purchase made "online", as well as to charge subsequent amounts for the renewal of the subscription. The whole procedure is done via a secure connection directly connected to the bank that owns or operates the "online" payment service (Stripe), which Pilates time  cannot access.

Art. 10 – CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE

10.1. Pilates time has the right to terminate the contract stipulated by notifying the customer via e-mail or registered letter with return receipt, stating the reason; in this case the customer shall only be entitled to a refund of any sum already paid for services not used.

10.2. The obligations assumed by the customer under Art. 7 ("Buyer's Obligations"), as well as the guarantee of the successful completion of payment, are of an essential nature. Therefore, by express agreement, should the customer fail to fulfil only one of these obligations, this will result in the legal termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a judicial ruling, being understood that Pilates time shall remain entitled to take legal action for further damages.

10.3 In the case referred to in Article 10.2, termination takes effect when the party concerned declares its use of the express termination clause by written notice sent by e-mail.

Art. 11 - PROHIBITED USES

11.1 Digital services shall be used in accordance with these General Terms and Conditions of Sale. Access to the platform is for individual and personal use only. It is therefore not allowed in any way to share with others one's access credentials or the materials made available.

11.2 All material made available is subject to copyright owned by Pilates time, who retains all rights.

11.3 Customers are not allowed in any way to:

●  copy, store, modify, alter or show Pilates time's contents to third parties;

●  hack computer systems to access content without authorisation;

● use Pilates time's materials, ideas, images, format, scripts to create similar or derived products.

11.4 Pilates time retains the right to prosecute any offence committed regarding her paid content.

Art. 12 – PRIVACY

12.1. Personal data are collected for the purpose of registering the customer and activating the procedures for the fulfilment of this contract and the related necessary communications; such data are processed electronically in compliance with the laws in force and may only be produced at the request of the judicial authorities or other authorities empowered by law.

12.2. For any further details on the processing of personal data, please refer to the specific privacy policy.

Art. 13- WARNINGS

13.The courses offered on the platform are intended for healthy people who have no contraindications to practising pilates exercises. If you have any doubts, it is recommended that you consult your doctor before starting to practice.

13.2. f you are pregnant or breastfeeding, consult your doctor before starting to practice.

13.3 The video lessons include all the explanations and skill level required to be able to practise them. The customer agrees to scrupulously follow the instructions given by the teacher and, in case of doubt, to consult their doctor first.

13.4 The exercises offered are designed to be performed by the customer in their own home, with their own equipment and without any supervision, not even remotely, as they are recorded videos that do not foresee the simultaneous presence of the teacher; therefore, the customer accepts and is aware that the exercises are performed at their own risk and that Marcenaro Paola cannot be held liable in any way for any damage, to persons and/or property, resulting from the practice of the exercise sequences offered.

13.5 The customer agrees to perform the exercises offered on a flat surface, free of clutter or other nearby obstacles, and to scrupulously follow all the instructions given in the video description of the method and those included in the individual video lessons.

Art. 14 - SPECIAL ARRANGEMENTS FOR GIFT CARD PURCHASES

14.1 The customer has the option to purchase the subscription (monthly or annual) as a gift for others (Gift Card). The Gift Card is purchased by filling in the appropriate form, entering one's

own data and the name and e-mail address of the gift recipient. It is possible to purchase an entire subscription, annual or monthly, or an amount of your choice, which will then be deducted from the cost of the subscription that the recipient of the gift will choose.

14.2 The customer, when placing the order, can enter a message with a personalised text and choose whether to send the e-mail to the recipient immediately or on a specific day and time. As soon as the order is placed and the payment is successful, the customer will receive an e- mail with the order summary and, at a time chosen by the customer, Pilates time will send an e-mail to the gift recipient with the personalised message and the discount code required to activate the gift subscription.

14.4 The subscription will be active for its entire duration, and, at the end of this period, there will be no automatic renewal, unless the interested party wishes otherwise. This can be expressed by request by e-mail or via the user’s personal area. The subscription period will start from when the service is activated and not from the date of purchase.

Art. 15 - FREE TRIAL - EXCLUSION OF RIGHT OF WITHDRAWAL

15.1 In certain specific cases, Pilates time may grant the customer the opportunity to

access courses or subscriptions, in whole or in part, for a free trial period of a few days (Free Trial).

15.2 In order to activate the Free Trial, you are required to enter your personal and credit card

data and, if you do not cancel by the end of the trial period, you will be charged for the (monthly or annual) subscription you have chosen.

15.3 Activation of the free trial period grants access to all (or part of) the content for the

specified time. Upon activation, the customer will receive an e-mail with all the details

(beginning, end of the trial period, etc.). During the trial period, the customer can cancel his

membership at any time by logging into his private area, by clicking on Change Plan and then

Cancel Account. Before the first monthly or annual subscription fee is charged, the customer

will receive a reminder e-mail.

15.4 The free trial is applicable only once, with no possibility of repeating it again.

15.5 It is understood, and the consumer hereby agrees, that the Free Trial formula excludes the

possibility of exercising the right of withdrawal, pursuant to Art. 8, being the exception

provided for in Art. 59(o) of the French Consumer Code as it concerns the supply of digital

content by means of a non-material medium.

Art. 16 - APPLICABLE LAW AND JURISDICTION

16.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts stipulated "online" through the site https://pilatestime.thinkific.com/ is subject to French law; for anything not provided for, these General Terms and Conditions refer to the regulations of French Legislative Decree no. 206/2005.

16.2. Any dispute between the parties concerning this contract shall be settled by the court in whose district the Italian consumer has their residence, in accordance with the laws in force; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation of the rules on territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Paris, France.

16.3 In the event of disputes, the version of the General Terms and Conditions of Sale that prevails is the Italian one. All translations are offered for informational purposes only