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Terms and Conditions

Solutions Lifestyle Management & Virtual Assistance (Solutions) Terms and Conditions of Service (conditions)

These conditions apply to all services ordered from or provided to you by Solutions, and by requesting services from Solutions you agree that these conditions shall apply to those services and to your order.

Definitions and Interpretation

In these conditions, the following definitions apply:
Benefits: means the benefits made available to customers by suppliers.
Conditions: these terms and conditions as amended.
Customer: a person registered as a customer of Solutions.
Customer Fees: means the fees payable in respect of registration notified to customers upon application for and prior to renewal of registration.
Pass: is the formula through which the services are provided, based on customers’ needs and preferences.
Payment Card: means a valid credit or debit card, a Paypal account, or any payment card issued by a bank.
Website: means the website located at www.brilliantsolutions.eu.
Request: means a request for services placed by a customer with Solutions.
Services: means the services described and regularly updated on the Website: Lifestyle Management / Personal Concierge services, Visitors’ Club and Virtual Assistance, requested by customers from Solutions.
Supplier means a supplier engaged by Solutions on behalf of and as agent for a customer to provide goods and/or services to that customer.

These Conditions apply to all services ordered from or provided to you by Solutions, and by requesting services from Solutions you agree that these conditions shall apply to those services and your order.

In these Conditions, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes e-mails.

1. Customer applications
1.1. All enrolment requests are subject to acceptance by Solutions at its sole discretion. Solutions shall notify applicants in the event that his or her application has been accepted. Solutions is under no duty to disclose its reasons for rejecting any customer application.

1.2. You are obliged to provide correct personal details when sending in your enrolment request.  Failure to do so may invalidate your right to receive services from Solutions. Your responsibility to provide accurate information is a continuing obligation and you must notify Solutions promptly in the event that any information provided by you in connection with our services changes.

1.3. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses the services provided by Solutions.

1.4. Access to and use of your personalised section of the website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Solutions immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password.

1.5. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Solutions’ privacy policy. Any payment transactions carried out by us or our chosen third-party provider of payment
processing services will be encrypted using Secured Sockets Layer technology.
 

2. Customer fees, upgrades, cancellations and renewals
2.1. The monthly fee payable shall be confirmed to you upon acceptance of your enrolment request. Any increase or decrease to the fee will be notified to all customers in advance or their renewal dates.

2.2. Customer fees are non-refundable.  

2.3. Solutions reserves the right to cancel or suspend providing services to you (at its sole discretion) for any reason
whatsoever. If Solutions cancels your pass, Solutions may (at its sole discretion) refund the balance of the current fee on a pro rata basis in respect of the unexpired period to which the fee relates.

2.4. Fees are due on acceptance of your customer application and monthly thereafter (the “Renewal Date”) on an automatic basis, and full payment shall be made either by credit / debit card or Paypal through Solutions’ website, or
by bank transfer. Invoicing will occur within one week from the date of payment.

2.5. Where you have provided us with details of a payment card, you hereby expressly authorise Solutions to deduct renewal Customer Fees 1 (one) day prior to your Renewal Date. Alternatively, you will be contacted directly in order to renew the option to enjoy our services.

2.6. If you do not wish to renew, you must notify us at least 3 (three) days prior to your Renewal Date.

2.7. Solutions reserve the right to refuse to provide the services should any payment due under these conditions not be received.

2.8. If, during the course of your current pass, you wish to upgrade to a higher level of pass, or Solutions reasonably requests you to upgrade based on your usage of the services, the difference in price between the two categories of passes will be payable starting on the next Renewal Date.  If you do not accept Solutions’ request for you to upgrade your pass, then Solutions reserves the right to cancel your existing pass with immediate effect, in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant month for which you have paid a pass.

2.9. Solutions may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Solutions to deduct the credit sum from your Payment Card
immediately.

2.10. The hours included in the pass must be used within the set period, and cannot be transferred to the following month.

Should you require additional services from Solutions, i.e. time in addition to the hours included in your pass, you may purchase single hours as needed.

 
3. Using your pass
3.1. You may only make requests by phone, e-mail, or through the site, once your enrolment request has been accepted, and as long as your service fees are duly paid.

3.2. Solutions shall supply the services to the customer in accordance with the relevant requests, provided that Solutions shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

3.3. If Solutions is unable to deal with any request, it will inform you as soon as reasonably possible.

3.4. Solutions shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the services.

3.5. Solutions shall have the right to make any changes to the services, which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services; Solutions
shall notify the customer in any such event.

3.6. Services will be provided in Italian or in English (and in other languages depending on requests).

3.7. You acknowledge that Solutions reserves the right to accept commissions upon the supply of products or performance of services by any supplier.

3.8. Telephone calls to Solutions may be monitored or recorded for training and quality control purposes.

3.9. Solutions shall provide the services using reasonable care and skill and, as far as reasonably possible, in accordance with your request and reasonable instructions from time to time.


4. Travel services
4.1. Any service including travel tickets and package holidays purchased through Solutions will be subject to the terms in conditions of the travel or holiday operator supplier.

4.2. Please note that Solutions is not an authorised travel agent or tour operator, and only acts as an introductory agent on behalf of the supplier. All rights and remedies you have are against the supplier.


5. Restaurants and clubs
5.1. When you use the restaurant booking service you hereby authorise us to debit your payment card for any deposit paid by us on your behalf to the restaurant, which is forfeited as a result of your cancellation of the booking.

5.2. When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.

5.3. Solutions reserves the right to deny restaurant requests from customers, if customers repeatedly fail to honour their bookings or continuously violate cancellation policies.

5.4. Admission of customers to any club premises is at all times at the sole discretion of the club supplier and Solutions shall have no liability where a customer is refused admission to a club.


6. Tickets
6.1. Solutions is engaged in the business of obtaining “best tickets” for all sold out events either directly itself or through one of its ticket agent partners. Please note that by purchasing tickets through Solutions or its partners you are purchasing tickets above face value, which includes service charge(s) reflecting our costs and efforts in obtaining your premium seats.

6.2. All ticket sales are final, no refunds or cancellations are issued after you have purchased your tickets.

6.3. In the events of show cancellations directly by the artist/promoter, only the return of the face value of the tickets can be guaranteed. Shipping fees are non-refundable.

6.4. Solutions or its ticket agent partner will despatch your tickets through delivery agents at standard rates, with delivery guaranteed. Please note that neither Solutions nor its ticket agent partners can be held liable
for any failure by their delivery agents to deliver your tickets.

6.5. Solutions or its ticket agent partners usually despatch tickets within 2 days from the time of booking if the tickets are already in stock. However some events have posting restrictions and are not despatched until the week prior to the event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show at no additional cost.

6.6. Solutions or its ticket agent partners reserve the right to upgrade tickets at no additional cost, to downgrade tickets (partial refund) or to cancel the order with a full refund.


7. Artisans (electricians, repair people, exterminators, plumbers, gardeners, etc.)
Solutions will look for the best possible people to provide artisan services to customers, but will not accept any liability for the result of such services. The work performed by such artisans will have to be settled directly be the customer, unless otherwise agreed beforehand with Solutions.


8. Errands
Handling charges apply (quotation will be provided in advance).
 

9. Placing a request
9.1. Customers  may place requests by telephone, text messages (including Whatsapp and Telegram), e-mail, fax, and through the customers’ section of the website. A confirmation of the actual taking care of the request will be sent to the customer by Solutions.

9.2. Solutions, acting reasonably, reserves the right to withdraw any of the services and/or to refuse to accept any requests at its sole discretion.

9.3. If Solutions is unable or not obliged to deal with any request, it will inform the customer as soon as reasonably practicable.

9.4. You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or payment card you use from time to time is your own and
that you have sufficient funds to cover the cost of the product or service.

9.5. From time to time, the procurement or provision of certain services, products or benefits may incur a Solutions handling charge (of which you will be notified in advance), and in such event you hereby authorise Solutions to debit your payment card with any such handling charges, and to invoice you in respect thereof.


10. Refunds and returns
10.1. If requested specific product or service is not available, Solutions may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and receive a full refund in the event that payment has already been taken by Solutions for the unavailable product or service.

10.2. All descriptions of any products, services or benefits on the website have been approved by the relevant supplier. Solutions shall not be liable for inaccurate or misleading descriptions except where Solutions is itself the supplier of the relevant product or service.

10.3. Payment for all products and services shall be due immediately upon acceptance of the order by the relevant supplier.

10.4. Customers acknowledge that the following goods may not be refunded or exchanged: (a) personalised and bespoke items made to a customer’s specification; (b) perishable goods (for example food and flowers); and (c)
beauty products, perfumes, toiletries and other similar products.

10.5. The customer further acknowledges that for goods purchased on his or her behalf by Solutions directly from a supplier, returns and exchanges will be subject to the terms and conditions of that supplier and returns or exchange
of goods purchased may not always be permitted.  In circumstances where Solutions is asked to source a specific item for a customer, Solutions shall inform the customer of the refund and exchange policy of that supplier in advance.  Solutions shall not be liable to the customer where a supplier does not accept the return or exchange of an item.

10.6. All goods must be returned in their original condition and packaging with the initial invoice, to the address of the Solutions office where the customer placed the request.  Any goods returned other than in their original condition and packaging will not be accepted and a refund or exchange will not be issued.

10.7. It shall be the customer’s sole responsibility to retain all proof of return, for example by returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.

10.8. Refunds for the total value of an order shall be processed within fifteen (15) days of Solutions receiving the goods, and shall be issued through the same means (payment card, bank transfer, etc.) that the customer used to
purchase the goods.

10.9. In the event of an exchange of goods, Solutions shall not charge any additional delivery fees where the goods are of a similar size and weight.

10.10. Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through Solutions.  It shall be the customer’s sole responsibility to recover such monies.  Solutions
shall have no liability for any item held by any customs or border agency.

10.11. In the case of Milan same-day delivery, if the customer is not at the specified delivery address to receive their order at the scheduled time, Solutions reserves the right to charge the customer for each subsequent attempt to
re-deliver the goods.
 

11. Suppliers
11.1. Suppliers are responsible for providing you with the services, products and benefits you request us to order on your behalf from time to time. Solutions shall communicate with suppliers on your behalf unless it is more
appropriate for you to contact the supplier directly.

11.2. Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that supplier to you, and such terms and conditions shall be binding upon you at the time of order.

11.3. When ordering a product or service, or accessing a benefit, you may be required to provide your payment card details. If you request and authorise Solutions to use your payment card in order to pay a supplier for products or services, you acknowledge and agree that Solutions shall have no liability or be responsible in any way whatsoever in respect of the use of your payment card, provided that Solutions acts in accordance with the instructions
issued by you in relation thereof.

11.4. Unless otherwise agreed by the supplier, you shall not be entitled to cancel any services requested where, on your instructions, supply of the order has already begun.

11.5. You acknowledge that the benefits are subject to availability and may change from time to time without notice.

11.6. If Solutions’ performance of any of its obligations under these conditions is prevented or delayed by any act or omission by the customer, or failure by the customer to perform any relevant obligation (“Customer Default”):

- Solutions shall, without limiting its other rights or remedies, have the right to suspend performance of the services until the customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Solutions’ performance of any of its obligations;
- Solutions shall not be liable for any costs or losses sustained or incurred by the customer, arising directly or indirectly from Solutions’ failure or delay to perform any of its obligations; and the customer shall reimburse Solutions on written demand for any costs or losses sustained or incurred by Solutions arising
directly or indirectly from the Customer Default.


12. Limitation of liability
12.1. Subject to clause 12.1: Solutions shall not be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their being customers of Solutions, which shall be limited to the total value of the Customer’s monthly pass fee.

12.2. Your contract for the supply of products or services is made with the relevant supplier only. Solutions acts as an agent for the supplier and, unless expressly provided otherwise, all your rights and remedies are against
the supplier.

12.3. You acknowledge that any contract entered into by you with any supplier is an independent contract. Solutions hereby disclaims any and all liability for any act or omission of any supplier or any loss incurred by you as a result
of any act or omission of a supplier whether or not arranged through Solutions.

12.4. Solutions shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Customer Default.

12.5. Solutions shall not be liable to you or be deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform any of Solutions’ obligations in relation to the services, if the delay or failure was due to any cause beyond Solutions’ reasonable control.
 

13. Commencement and termination
These conditions shall take effect and be binding upon the customer and Solutions SRLS (Italy) upon acceptance by Solutions of your customer application.  These conditions shall be applicable for the duration of your being a customer, and shall only cease to have effect upon the expiry or termination of your being a customer of Solutions.  You agree that your only rights and remedies under these conditions shall be against Solutions SRLS (Italy) and no
other entity.


14. General
14.1. Privacy and Data Protection
The services and your being a customer are subject to the Solutions privacy policy based on D.Lgs 194/2003,
incorporated into these conditions by reference and set out at the following web address:
http://www.brilliantsolutions.eu/privacy which applies at all times in relation to any data that we collect from you.

14.2. Assignment and subcontracting:
Solutions may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these conditions, and may subcontract or delegate in any manner any or all of its obligations under
these Conditions to any third party or agent.

The customer shall not, without the prior written consent of Solutions, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these conditions.

14.3. Waiver: A waiver of any right under these conditions is only effective if it is in writing.

14.4. Severance: If a court or any other competent authority finds that any provision of these conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these conditions shall not be affected.

14.5. Variation: Solutions may vary these conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Solutions News, the website, by email or by phone.  Your continued use of your customer pass and of Solutions’ services constitutes acceptance of such variations to these conditions.

14.6. Third parties: A person who is not a party to these conditions shall not have any rights under or in connection with it.

14.7. Governing law and jurisdiction: These conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Italian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Italy.

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