General Conditions for the purchase of ABTG Training Products

Alfio Bardolla Training Group S.p.A., with registered office in Via Giuseppe Ripamonti n. 89, 20141 – Milan, Italy, is the leading personal financial training company in Europe. Through the website in which you are browsing www.alfiobardolla.com (hereinafter, the “Site”), you can access a restricted area in which you can purchase Training Products (as defined below), as well as merchandise, under the ABTG brand.

These Terms are intended to define the terms of use of the Site and the conditions of purchase and delivery of Training Products, through a binding agreement between ABTG and you.

By purchasing Training Products on the Site, the User declares that he/she has read and accepted without reservation the current version of these Conditions.

1 – Definitions and Annexes

Terms used herein are defined as follows and retain the same meaning in the singular and plural:

• ABTG” or “Company” means Alfio Bardolla Training Group S.p.A., as represented in the epigraph;
• Account” means the profile created by the User, functional access to the Reserved Area for the purchase and use of training products through the Portal;
• Reserved Area” means the section of the Website to which the User, following a specific registration procedure, accesses through his/her credentials for the purchase of Training Products and the use of the same (as well as other free resources available) within the Portal;
• Special Categories of Users” means Lifetime Millionaire Users and Millionaire Users;
• Consumer Code” means Legislative Decree no. 206 of 6 September 2005 and subsequent amendments and additions, which governs the processes of purchase and consumption in order to ensure a high level of consumer protection;
• Conditions” means these general conditions for the purchase, delivery and use of Training Products;
• Consumer” means the User who qualifies as a consumer pursuant to and for the purposes of art. 3 of the Consumer Code;
• Contract” means the legal relationship established between the Parties following the purchase of an Educational Product;
• Access Credentials” means the credentials (username and password) for access to the Reserved Area and the use of Training Products on the Portal;
• “Personal Data” means the information regarding an identified or identifiable natural person pursuant to the provisions of art. 4, par. 1) of EU Regulation 2016/679 (hereinafter, “GDPR”);
• “Live Events” means all meetings organized in a determined physical or virtual location (live stream or assimilated), in which ABTG provides face-to-face lessons or coaching to a User or a group of Users;
• “Product Page” means the section of the Site that is explanatory of the content and features of the selected Training Product;
• “Parties” means ABTG and the User, jointly identified;
• “Portal” means the digital infrastructure, owned exclusively by ABTG and accessible through the Reserved Area, for the provision and use by Users of Training Products marketed through the Site;
• “Training Products” means video courses, webinars, seminars, masters, workshops, e-books, membership, podcasts, classroom courses, Live Events and, in general, products and services of a training nature, developed, organized and managed by ABTG and marketed through the Site;
• “User” means the natural or legal person who purchases Training Products through the Site.

2 – Object of the Contract

These conditions, as supplemented by the provisions of the Privacy Policy referred to at the time of purchase, regulate the mode of purchase, delivery and use by the User of the Training Products.

The Training Products marketed by ABTG can be provided:

• through the Portal;
• live, such as courses, lectures and training events.

All Training Products provided through the Portal are licensed for the duration of 2 (two) years from the date of actual availability of the product in the Reserved Area.

In cases where the Training Products purchased on the Website consist of Live Events, the special conditions specified in Article 8 of the Conditions will apply to the purchase made by the User.

The Training Products can be combined with coaching sessions – also sold separately – carried out by selected employees of ABTG with extensive experience in the industry. Coaching sessions are considered, for the purposes of these Conditions, Live Events and the same will apply the special conditions specified in art. 9 of the Conditions.

3 – Purchase procedure on the Site

To purchase Training Products on the Site, the User must select the product of his choice and follow the purchase procedure on the Site.

In particular, the User must:

• carefully read the information about the Training Product available on the Product Page or, in case of requesting telephone support, in the summary e-mail received from the relevant ABTG personnel;
• fill out an order form in electronic format that, in case of telephone support, will be transmitted electronically by ABTG (through a link), following the instructions that will appear from time to time on the Site;
• identify and correct, before proceeding to the transmission of the order form, any errors in the inclusion of information and Personal Data indicated;
• accept, in point and click, these Terms and Conditions and Privacy Policy of ABTG.

In accordance with industry regulations on electronic commerce (Legislative Decree No. 70/2003), the Contract is considered concluded when the order form reaches the server of ABTG.

Once the order form has been received and registered, ABTG will send to the email address indicated by the User a confirmation of the order containing:

• a summary of the general and particular conditions applicable to the Contract;
• the essential information relating to the Training Product purchased;
• a detailed indication of the actual price, the means of payment used and any additional costs;
• the information relating to the contact details of the customer service to which the User may refer to request assistance and/or make complaints.

The order confirmation email constitutes confirmation of the Contract concluded on a durable medium within the meaning of the Consumer Code (art. 51.7). The User acknowledges and recognizes that, upon receipt of such email, ABTG has fulfilled its documentation obligations and that, therefore, the User is bound by the Contract.

The order form will be stored in the database of ABTG for the time necessary for the execution of the same and, however, within the terms of the law.

Once the purchase is made, ABTG will provide, according to the product purchased:

• to make accessible on the Reserved Area of the User the Training Products purchased; and/or
• to send the User the Training Product purchased (books, gadgets and merchandising); and/or
• communicate the admission tickets for Live Events; and/or
• to put the User in contact with the coach to schedule coaching sessions.

In cases where the purchase of the Training Product takes place through the telephone support of an ABTG operator, the latter – after carefully informing the User about the characteristics of the Training Products of his interest and answering his questions – will send an email with

• information related to the chosen Training Product;
• a link to a section of the Website in order to allow the User to autonomously complete the purchase process of the chosen Training Products, to read these Conditions, to accept them and to complete the payment.

In this case, it is specified that the activity of the telephone operator of ABTG will act as a mere support agent to provide all information relating to the Training Products of interest to the User, who will then be free to assess the opportunity and convenience of the purchase, without any time constraint, read these Terms and possibly proceed independently to purchase on the Site through the link received from the operator.

4 – Use of the Account

In addition to what is established in the previous article, in order to purchase Training Products on the Site and, consequently, to use them both through the Reserved Area and to physically receive them, the User must

• Be at least eighteen (18) years old and be able to validly enter into contracts;
• provide true and complete contact and billing information and update it promptly as changes occur;
• (for legal entities only) represent and warrant that the person making the purchase has the authority to accept these Terms and to act on behalf of the legal entity.

The Access Credentials are strictly personal and must not in any way be disclosed to third parties. In this sense, the User is required to:

• Keep your Access Credentials in a secure location;
• not transfer the Account or share your Access Credentials with any third party;
• Ensure that you take appropriate measures to maintain the confidentiality of access to your Account;
• Immediately notify ABTG (no later than 24 hours after the event) in case of theft / loss of Access Credentials or in case of suspicious or unauthorized use of your Account, possibly changing the password immediately.

The User is responsible for all activities associated with the Account and agrees, to the fullest extent permitted by law, to indemnify and hold harmless ABTG from any claim that may be made by third parties in relation to and / or in connection with the use of your Account, and any consequential damages, costs, charges and expenses that ABTG has to suffer.

ABTG will have the right, at its sole discretion, not to accept the registration of the User or to suspend or close, even permanently and without notice, the Account if:

• any of the User’s information proves to be false, misleading, incomplete or inaccurate in whole or in part;
• the User infringes any third party intellectual property rights, other legislation, these Terms, or any cause for termination or cancellation (whether under these Terms or by law).

In the event of a permanent block, the Account and its contents may no longer be available and recoverable. In such cases, ABTG will not be obliged to reimburse the fee for purchases previously made by the User.

5 – Special Categories of Users

5.1 – General Rules

The Special Categories of Users are composed of:

• Millionaire
• Lifetime Millionaire

Special Categories of Users will not have access to Training Products related to the relevant line of business marketed after the time of their registration.

All Users who purchase the Millionaire and Lifetime Millionaire packages will receive a complimentary live stream/physical course that will be available for free under the terms and conditions specified in the commercial offer.

Millionaire Users and Lifetime Millionaire Users must register in advance for each Live Event in which they intend to participate, informing their sales representative, who must confirm in writing the availability of the place or, failing that, indicate a later date.

In the event that the User cannot participate for personal reasons to the meeting to which he has registered, he must notify ABTG in writing within 15 (fifteen) days from the start of the same.

In the event that the user, after having properly registered, fails to show up three times, even non-consecutive, without giving timely notice to ABTG, the same will lose the status of Millionaire or Lifetime Millionaire and will lose the right to a refund of the full price paid.

Below are the special conditions based on the category of User.

5.2 – Millionaire Users

Millionaire Users, starting from their enrollment, are entitled to use all Training Products (both those provided through the Portal and Live Events) related to a business line – Real Estate Millionaire, Trading Millionaire and Business Millionaire, Royalties Millionaire – for 1 calendar year from their enrollment.

Within 1 calendar year, the Millionaire User is entitled to repeat the purchased course free of charge once, according to the ABTG calendar.

5.3 – Lifetime Millionaire Users

Lifetime Millionaire Users, from the moment of enrollment, are entitled to take advantage of all Training Products (both those provided through the Portal and Live Events) for the period in which the same, according to the conditions valid at the time of entry into the category, will be included in the offer. Lifetime Millionaire Users must take advantage of the coaching sessions, from time to time included in the offer, within a peremptory period of one year from the purchase, under penalty of forfeiture of the right, without the possibility of requesting any refund.

6 – Prices and payment methods

The cost of sale of Training Products is indicated on the Site and, unless otherwise specified, is paid by the User at the time of purchase through the Site, in the currency in which they were charged.

Any additional charges may be applied to the invoice in accordance with the relevant rules for the foreign country of residence of the User and the laws and regulations in force there.

The sale price of the Training Products displayed on the Site is the latest price set by ABTG.

ABTG has the right to change the price of the Training Products at any time, provided that the price charged to the User will be the price shown on the Site at the time of purchase.

ABTG may offer, for a predetermined period of time, promotions and offers for the Training Products marketed on the Site. At the time of Account use, the price offered for a particular Training Product may be different than the price offered to Users who are not logged in, as some promotions are only available to new Users.

Any promotions that provide discounts or payment extensions are conditional on the User meeting the payment terms. Unnecessarily expired, the same will be required to pay the full price, ABTG reserves the right to suspend the account until receipt of full compensation. ABTG also reserves the right to terminate the contract by applying a penalty equal to the accrued income.

With reference to the purchase of Training Products, the price paid does not include travel costs, main meals and any overnight stays, except in cases where this is explicitly indicated on the Product Page or in any case in the offer.

In case of payment by credit card, Apple Pay or PayPal, ABTG does not retain or store in any way the payment data, which will then be exclusively required by the relevant portal.

In case of payment by bank transfer, ABTG will process the order only after receiving evidence of the crediting of the same on your bank account.

The invoice or receipt confirming the payment will be issued following the actual payment and will be sent, where required, by e-mail to the email address provided by the user at the time of purchase, after indicating the order number and the relevant tax information.

7 – Financing

For the user who has chosen to make payment through financing, the approval of the practice is subject to discretionary assessment by a special finance company, whose work, even with regard to the timing of the approval process, ABTG not answer.

Following final approval of the loan by the finance company, the purchase price will be charged to you with the timing and procedures indicated in the loan agreement between you and the finance company. In case of non-approval of the financing by the finance company, the User’s purchase is considered forfeited, unless the User makes payment on time by other means.

8 – Live Events and classroom courses

With reference to the Live Events and classroom courses (the “Live Events”), for organizational needs of various kinds and / or in order to the success of the training meetings, the date and location of the same may vary and be changed by the organizers.

The User who has previously confirmed his presence, will be informed at least 5 (five) working days in advance and automatically enrolled on the next date. In this case the User may exercise the right of withdrawal within 2 (two) days after receipt of the notice.

For proven just cause (illness, serious impediment of force majeure, etc..), the User may also postpone the attendance of a meeting, for which he has confirmed his presence, to a later date, provided that he gives notice within a maximum of 5 days from the date. The User may, alternatively, transfer its participation to another person identified by him, with the prior written permission of ABTG.

The postponement of the User can not exceed in any way the 12 (twelve) months following the same date, under penalty of loss of sums already paid and / or, in case, the loss of the status of User Millionaire or Lifetime Millionaire, without the possibility of requesting any refund.

In case of late notice of postponement or no show of the User, ABTG reserves the right to charge the costs of participation of the User.

The Agreement shall be deemed terminated as of right in the event that the User, during ABTG’s Live Events, is caught:

• to promote network marketing companies;
• Promote and/or sell products not related to ABTG;
• to recruit members and investors for businesses not related to ABTG.

With the termination of the contract as a result of the occurrence of one of the events described above, the User shall not be entitled to any refund of the price paid, and remains the right of ABTG to claim compensation for any additional damages.

9 – Coaching sessions

Users, even if belonging to one of the Special Categories of Users referred to in art. 5, must use the coaching services within one year of purchase of the same, otherwise the forfeiture of its right, without the possibility of requesting any refund.

The coaching sessions are agreed periodically between the coach and the User and have a duration of 1 hour. In case of impossibility of the user to participate in the coaching session, the user must notify the coach at least 5 (five) days in advance.

In case of communication of inability to participate later than the notice of 5 days from the agreed date, there is a penalty commensurate with 30 minutes that will be deducted from the package of hours purchased by the user.

In case of communication of inability to participate made the day before or on the same day agreed for the coaching session, will be deducted the entire hour from the package of hours purchased by the user.

10 – Withdrawal and 100% Money Back Guarantee

The User has the right to withdraw from the Contract for any reason and without explanation within 14 days from the date of purchase of the Training Products, subject to compliance with the procedures set out below.

In particular, ABTG recognizes the right of withdrawal to the User within the above terms:

• with reference to Live Events, only if the user has presented himself and no later than the end of the first day of the course by signing the appropriate form, to be requested from ABTG staff. After this deadline, the user will lose the right to withdraw. The proper exercise of the right of withdrawal will result in the abandonment of the classroom and the right to a refund of the entire fee paid by the user without the obligation to return the educational material received. The right of withdrawal does not apply to Lifetime Millionaire Users and Millionaire Users;
• with reference to coaching sessions, within 14 days from the day on which payment was made or the payment of the first fee, communicating it in writing to ABTG. The withdrawal will not be exercisable if the User has already begun to use the hours of coaching before the deadline referred to above;
• with reference to the Training Products provided through the Portal, within 10 days from the date of granting access to the use of the same.

In the event that the User intends to exercise the right of free withdrawal, he/she must fill in and send the standard withdrawal form available at the following link or any other explicit declaration of his/her decision to withdraw from the relative Contract to the following e-mail address: assistenza@alfiobardolla.com.

As far as physical Training Products are concerned, the return shall be made by and at the expense of the User, through the shipment of the products subject to withdrawal, by courier of his choice, to the following address:

Alfio Bardolla Training Group S.p.A.

c/o Servizio Resi

Via Ripamonti n. 89

20141 – Milano

In order to validly exercise the aforementioned right of withdrawal, the User must comply with the following conditions and procedures:

• the withdrawal may also be applied limited to individual training products subject to a single purchase, it being understood that the withdrawal applies to the training product in its entirety, so the user can not exercise the withdrawal limited to a part of the single training product purchased (eg. a single book in a box);
• the Training Product in relation to which the user has exercised the right of withdrawal must be intact and be returned in its original packaging, complete in all its parts (including packaging and any ancillary documentation);
• in accordance with the instructions received from ABTG, the user will provide, at its sole expense and care in the case of withdrawal free and, in the case of withdrawal for defective or non-compliant product, at the expense and exclusive responsibility of ABTG, the shipment and return of products;
• If the training product returned is damaged during transport, ABTG will be required only to notify the user of the incident in order to allow him to file a timely complaint against the carrier of his choice, against which (and / or its insurance company) to claim.

ABTG is not responsible in any way for theft or loss of Training Products subject to return, any risk therefore remains the sole responsibility of the user.

In case of damage to the Training Products returned, the user is only responsible for the decrease in value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and operation of the goods within the limits of what is provided for in Article 57.2 of the Consumer Code.

Once verified the existence of the requirements, ABTG will refund the User the full amount paid for the related Training Products subject to withdrawal, as well as any shipping costs incurred within 14 (fourteen) days from the date of the request, or from the return of the products themselves or from the date on which the User has proved to have returned the Training Products, depending on which situation occurs first.

The User expressly agrees that the above-mentioned refunds will be made by transferring the amount charged to the credit card indicated at the time of purchase or by bank transfer, in accordance with the instructions and bank details that will be provided by the User.

In any case of failure to comply with the conditions and procedures for the exercise of withdrawal provided for in this paragraph, as well as in case of damage to the Training Products for reasons other than transportation of the same, even if different from the cases provided for in Article 57.2 of the Consumer Code, the Contract will remain valid and effective and ABTG will return to sender the Training Products unduly returned, charging the same shipping costs.

11 – Continuity of Services

ABTG guarantees the User the continuity of services rendered through the Portal, but reserves the right to suspend or interrupt the provision of training products, without liability, in case of:

• technical requirements, including, by way of example and not limited to: breakdowns, maintenance, replacement of equipment, ordinary and extraordinary interventions, system implementations;
• causes not attributable to ABTG, such as those due to difficulties or impossibility of communication, interruption in the supply of electricity, strikes of personnel, including the staff of ABTG, acts or measures of a judicial nature that inhibit the ability to receive, send and process electronic flows related to its digital infrastructure;
• acts of third parties and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence by ABTG;
• other causes of force majeure as identified by case law and international industry best practices (including epidemics and pandemics).

ABTG will notify the User through the Portal, email address or other appropriate means of communication, the occurrence of one of the events described above.

In such cases, unless the cause or the occurrence of security problems and / or violations of law is not attributable to the User, ABTG will extend the duration of provision of the Educational Product for a period of time equal to the duration of the suspension / interruption.

12 – Warnings and Indemnity

All Educational Products are for training and educational purposes. With the purchase of an Educational Product, the User is fully aware that the risk of investment in the stock market, in real estate and that inherent in the exercise of entrepreneurial activities can generate substantial losses, even greater than the entire amount of capital invested.

ABTG and / or coaches provide only specific training on certain areas of interest to the User, who is aware that he must then act, under its sole responsibility, according to diligence and discretion. Therefore, ABTG and / or coaches can not be held responsible in any way for any failure to achieve the objectives that the user had initially set or, even less, for the consequences, of any kind and species, arising for the user from any decisions and / or actions developed as a result of the purchase and / or participation and / or enrollment in Training Products ABTG.

The user assumes, therefore, full responsibility for every action and decision that will undertake, expressly releasing ABTG and its coaches from claims relating to any loss, damage and / or injury that the user may suffer as a result of its investment operations.

The User also assumes all responsibility for the accuracy of the data provided to the coaches of ABTG and the legality of the choices that will be made in practice.

13 – Limitation of compensation

The User expressly agrees that any compensation required against ABTG is limited to the return of the price paid for the Training Product chosen. To that effect, no higher amounts may be claimed for any pecuniary, economic or physical damage.

14 – Confidentiality agreement and non-competition

The educational and training material relating to the program chosen is the exclusive property of ABTG, therefore, the same can not be used by the user for purposes other than direct use for the purpose of personal financial training.

The user agrees not to disclose, even if only free of charge and / or non-commercial, educational materials and information, including methods and processes, of which he came into possession or knowledge by ABTG, not to make audio-video recordings, not to carry out or allow third parties to carry out, even through the establishment of companies, courses or seminars in direct or indirect competition with the activities carried out by ABTG. The prohibition is valid for 5 (five) years following the signing of this contract and limited to the entire Italian territory (including the Vatican State and the Republic of San Marino) and European (including Switzerland and Monaco). At the time of purchase of a Training Product, the User is obliged to report to ABTG if he has carried out or is carrying out directly or on behalf of subjects activities in competition with the same.

In case of violation of even one of the requirements of this article, the user is obliged to pay the sum of € 150,000 as a penalty, without prejudice to compensation for any greater damages.

15 – Assignment of the Contract

ABTG has the right to transfer to third parties, natural or legal, this Contract at any time, informing the User by sending a notice by e-mail.

16 – Treatment of Personal Data

The User’s Personal Data will be processed by ABTG in accordance with the provisions of the GDPR. More information on the processing of Personal Data of the User can be found in the Privacy Policy of ABTG under this link.

17 – Intellectual Property Rights

The programs, processes, projects, software, technologies, trademarks and trade names, inventions (current or future) that appear on the Site and the Portal are the property of ABTG and protected by copyright laws, trademarks, unfair competition and, therefore, can not be copied and / or imitated.

The User agrees not to use in any way the Site or the Portal for purposes other than those indicated in these Terms.

It is therefore forbidden, by way of example, the extraction, translation, distribution to the public in any form, as well as the copy and / or reproduction of graphics or any component / element of the Site and the Portal without the express permission of ABTG.

All rights not expressly granted are reserved.

18 – Resolution

ABTG will be entitled to terminate pursuant to art. 1456 c.c. the Contract and, consequently, close (even permanently) the User’s Account, in all cases of violation of Articles 4 (Use of the Account), 6 (Prices and payment methods), 8 (Live Events and classroom courses) and 17 (Intellectual Property Rights).

In any case, with the termination of the Contract, ABTG will be entitled to retain the amounts already received for any reason by the User, without prejudice to the right of the Company to compensation for any greater damage.

19 – Communications

For the exercise of the rights referred to in these Terms, for all legal obligations as well as for all matters relating to technical assistance on the use of the Portal, the User can directly use certain features within the Portal or contact ABTG at the following email address:

info@alfiobardolla.com

ABTG sends to the User all the communications due under these Conditions through the system integrated to the Account or to the e-mail address registered during the purchase of Training Products.

20 – Modification of the Conditions

ABTG reserves the right, at any time, to modify these Conditions giving, where possible, notice to the User with a notice of 30 (thirty) days from the date of the change.

The Conditions, fees and characteristics of Training Products, updated with the latest changes, are always available on the Site.

21 – Interpretation

The Contract, as governed by these Conditions, represents the only agreement in force between the Parties in relation to all the matters in question and replaces any other previous agreement, written, oral or tacit, between the Parties in relation to the same subject.

In the event that one or more provisions of these Conditions should be null, void or unenforceable, the Contract will remain valid and will remain in force between the Parties with respect to all remaining provisions.

The specific conditions that may be negotiated and formalized in writing between the User and ABTG prevail over these Conditions.

22 – Contract concluded online

In accordance with industry practice for the conclusion of contracts online, the User has had the opportunity to carefully read and store on a durable medium these Conditions. In particular, the User has been expressly made aware of the conditions highlighted by ABTG in Articles 6 (Prices and payment methods), 8 (Live Events and classroom courses), 10 (Withdrawal and 100% Satisfaction Guarantee), 12 (Warnings and Indemnity), 13 (Limitation of compensation), 14 (Confidentiality Agreement and non-competition), 15 (Assignment of contract), 18 (Termination) and 23 (Governing Law, Jurisdiction and Alternative Dispute Resolution).

Therefore, the applicability of the regulations set out in articles 1341 and 1342 of the Italian Civil Code is excluded.

23 – Applicable Law, Competent Jurisdiction and Alternative Dispute Resolution.

The Contract is subject to Italian law.

Please note that:

• In the event that the User does not qualify as a Consumer, the jurisdiction is exclusively assigned to the Court of Milan;
• in the event that the User qualifies as a Consumer, for any dispute relating to the application, execution and interpretation of these Conditions or the Contract, the competent court is the place where the Consumer resides or has elected domicile.

Under Article 141-sexies, paragraph 3, of the Consumer Code, ABTG informs the consumer that, in the event that he has filed a complaint as a result of which, however, it was not possible to resolve the dispute, ABTG will provide information on the body or bodies for alternative and extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these conditions (so-called ADR bodies, as indicated in Articles 141-bis and ff. ADR, as indicated in Articles. 141-bis et seq. of the Consumer Code), stating whether or not it intends to use these bodies to resolve the dispute itself.

ABTG also informs the consumer that it has been established a European platform for online resolution of consumer disputes (so-called platform ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.

Through the ODR platform, the consumer may consult the list of ADR entities, find the link to the website of each of them and initiate an online resolution procedure for the dispute in which he or she is involved.

Consumers who reside in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these Conditions, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 2,000.00. The text of the regulations is available on the website www.eur-lex.europa.eu.

In any case, the rights of Consumers to bring an action before the competent ordinary judge for disputes arising from these Terms and Conditions or from the Contract shall remain unaffected, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where applicable, to promote an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.