General terms and conditions of sale for private individuals

General provisions

These general conditions of sale (hereinafter “General Conditions”) apply to all sales (hereinafter: “Services” or “Service”) concluded remotely by the company Tecnowell srl through the company website http://www.tecnowell.com

Supplier identification

The goods covered by these general conditions are put up for sale by the company Tecnowell srl – Via Vittorio Emanuele II, N. 17 – 66020 San Giovanni Teatino (CH), VAT number 02061630683

1. 1. Definitions

1.1. The term “online sales contract” means the sales contract relating to the products offered by the Supplier, stipulated between the latter and the Buyer within the scope of a remote sales system via telematic tools, organised by the Supplier.

1.2. The term “Purchaser” refers to the consumer, a natural person who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out.

1.3. The term “Supplier” refers to the company Tecnowell srl, as reported in point 1.1.

1. 2. Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely via telematic tools the products indicated and offered for sale on the site http://www.tecnowell.com

1. 3. Acceptance of the general conditions of sale and regulatory references

3.1. All purchases of products made through the site by users who access it (hereinafter referred to as Buyers) are governed by these Conditions of Sale, by the Consumer Code (Legislative Decree no. 206/2005, which regulates distance selling, by the regulations on electronic commerce (Legislative Decree 70/2003).

3.2. The buyer declares that he/she is purchasing the products for purposes that are not related to any commercial or professional activity carried out.

3.3. The Buyer is required to carefully read the General Conditions of Sale and to print a copy and/or store them on a durable medium.

3.4. The Supplier may modify, at any time and without notice, the General Conditions published on the site.

3.5. Regulatory references: Legislative Decree 04/09/2003 n. 70 – Electronic commerce Legislative Decree 02/21/2014 n.21 – Withdrawal Legislative Decree 06/09/2005, n. 206 – Consumer Code, Art. 45-68

1. 4. Products

4.1. The website http://www.tecnowell.com is dedicated to the sale of accessories, complements, cosmetics and spare parts for wellness centres, spas and private individuals. For each product offered, a detailed description and an image corresponding to the visual representation of the product are available. We must point out, however, that sometimes the colours may be slightly different from the product received, due to the different colour rendering of digital media (screen, navigation software, etc.) and the raw material used for the essences which do not affect the quality of the product in any way. Furthermore, the company may make slight changes to the product in order to improve its aesthetics and/or safety. Such changes will be promptly reported in the documentation on the website.

1. 5. Method of entering into the contract.

5.1. According to the provisions of Legislative Decree 9.04.2003, n.70, the purchase contract will be perfected through the following procedure:

a. To proceed with the purchase, the buyer must click on the “in cart” button; after selecting all the products chosen in the shop, he can click on the cart icon at the top right of the screen, to view the selected products, and click on the “checkout” button to proceed with the purchase. Immediately after, a screen will be displayed with the summary and prices of the products and shipping. At this point, he will click on the “continue” button to enter all the data necessary for invoicing and shipping and by clicking the “continue” button again, he will be able to choose the payment method with PayPal (credit card, bank transfer, etc.). It should be noted that anyone can use PayPal payment, even if they do not have an account. By clicking on the “continue” button, he will find the general summary and after accepting the General Contract Conditions, the Right of Withdrawal and consent to Privacy, he will be able to confirm the order. The words “Order completed” will appear, where the delivery times and the Supplier’s email will be indicated.

b. The buyer confirming the order summary will receive a confirmation email. The Supplier, in turn, having viewed the order and after receiving the payment, will proceed with the shipment of the products.

6.Prices

6.1 The sales prices of the products displayed and indicated on the website http://www.tecnowell.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

6.2. The sales prices, referred to in the previous point, include VAT and any other taxes, with the exception of customs and additional charges applied by the country of destination of the products, where different from Italy.
The shipping costs and any additional charges, if any, making up the total of the order must be clearly indicated and calculated within the purchase procedure before the finalization of the order by the buyer and also contained in the summary page of the order placed.

6.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog. In the case of offers or promotions, their duration will be clearly indicated on the site and the promotional/discounted prices will be present on the same within and no later than the indicated time frame.

7.Payment methods

7.1. Payment by the Buyer can be made using one of the methods indicated on the site: via Paypal (using a credit card, a bank transfer or a Paypal account).

7.2. Any refunds to the Buyer will be credited using one of the methods proposed by the supplier and chosen by the Buyer.

7.3. In case of withdrawal, the refund will be made within 30 days from the date on which the Supplier became aware of the withdrawal.

7.4. All payments made online will be processed by the Paypal circuit, guaranteeing maximum security for each transaction in relation to the protection of the data necessary to finalize the transaction itself.

1. 8. Shipping costs

For all shipments made to Italy, a fee will be charged which varies depending on the weight of the product or products.

9. 9. Delivery times

9.1. The Supplier will deliver according to the methods chosen by the Buyer to the address indicated by the Buyer when finalising the order.

9.2. Delivery times are indicated in the purchase order confirmation.

9.3. If the Supplier is unable to ship by the indicated date, it will notify the Buyer by email.

9.4. Delivery will be made by courier, as indicated in the order summary. The Supplier will notify the Buyer by email of the delivery of the products to the chosen courier.

9.5. Deliveries are made from Monday to Friday, during normal office hours, excluding national holidays. Delivery is deemed to have taken place when the product is delivered to the address specified by the Buyer.

9.6. If the recipient is absent at the indicated address, the courier will leave a notification of non-delivery in the mailbox. The goods will then be stored at a warehouse managed by the courier, who will communicate the details for collection at the warehouse where the goods are located. After 5 days, if the package has not yet been collected by the customer, it will be returned to the sender.

After thirty days from the date on which the product was returned to the Supplier, the contract will be considered terminated and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. The Supplier will refund the amount paid net of return costs and storage costs.

9.7. Upon delivery of the product by the courier, the Buyer is required to carefully check that the packaging is not damaged, that the number of packages corresponds to that indicated in the transport document. In the event that the Buyer detects signs of tampering or damage to the packaging, or the mismatch in the number of packages, the Buyer may refuse delivery or accept it subject to inspection, promptly notifying the Supplier.

1. 10. Availability

10.1. If the ordered product is no longer available, the Supplier will immediately notify the Buyer by email and cancel the order. Any amount paid by the Buyer will be refunded within thirty days of receiving the order. The refund will be made using the same method used for payment (credit card or bank transfer).

11. 11. Obligations and limitations of liability of the Supplier

11.1. The Supplier assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.

11.2. The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for any disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.

11.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to the full refund of the price paid and any additional costs incurred.

11.4. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

11.5. In no event may the Buyer be held liable for delays or errors in payment if he can demonstrate that he has made the payment within the times and methods indicated by the Supplier.

11.6. The Supplier is not responsible for damages of any nature resulting from improper use or installation of the product and/or not in compliance with the instruction manual provided.

12. 12. Guarantees and assistance methods

12.1. The Supplier declares that the products offered on the site comply with the provisions of Italian and Community legislation. The products are delivered to the Buyer free of defects.

12.2. The buyer is required to check, upon delivery of the product, that the latter corresponds to what was ordered and that it is free from defects.

12.3. According to art. 130 of the Consumer Code, the Supplier is liable for any lack of conformity that becomes apparent within two years of delivery of the goods.

12.4. The Buyer loses all rights if he does not report the lack of conformity to the seller. The report is not necessary if the seller has acknowledged the existence of the defect or has hidden it.

12.5. In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

12.6. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

12.7. The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.

12.8. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the time limit indicated in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his discretion, an appropriate reduction in the price or the termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.

12.9. In the same communication, where the Supplier has accepted the Buyer’s request, it must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Buyer’s responsibility to indicate the methods for re-crediting the sums previously paid to the Supplier.

12.10. As reported in art.4, sometimes the colours of the finishes and the effects of the shades could be slightly different from the product received, due to the different colour rendering of the digital media (screen, navigation software, etc.).

13. 13. Buyer’s Obligations

13.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.

13.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

13.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as per the explicit confirmation requested upon finalization of the order.

14. 14. Right of withdrawal

14.1. The Buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods, provided that the Buyer is a Consumer. A Consumer is defined as a natural person who purchases on the site for purposes not related to any commercial, entrepreneurial or professional activity carried out.

14.2. The right of withdrawal does not apply if the Buyer is a VAT holder and makes the purchase as a company or professional (exclusively for purposes not related to the further marketing of the products).

14.3. The right of withdrawal cannot be applied to items customized according to the customer’s explicit instructions.

14.4. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt sent to the address Tecnowell srl – Via Vittorio Emanuele II N 17 – 66020 San Giovanni Teatino (CH) or by e-mail by sending a communication via e-mail to the address info@tecnowell.com provided that such communication is confirmed by sending a registered letter with return receipt sent to the address Tecnowell srl – Via Vittorio Emanuele II N 17 – 66020 San Giovanni Teatino (CH) within the following 48 (forty-eight) hours or by certified e-mail sent to the e-mail address tecnowell@legalmail.it

For the purposes of exercising the right of withdrawal, sending the communication may be validly replaced by returning the purchased item, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the parties.

14.5. The return of the goods must in any case take place no later than 20 (twenty) days from the date of receipt of the goods themselves. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

14.6. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to take charge of them with explicit communication.

14.7. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receiving the withdrawal notice.

14.8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.

1. 15. Causes for termination

15.1. The Supplier has the right to terminate the contract stipulated by giving a simple communication to the Buyer with adequate reasons. The buyer will be entitled exclusively to the refund of any sum already paid.

15.2. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in art. 7.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 8, are essential, so that by express agreement, the failure to fulfill even one of said obligations, where not determined by fortuitous event or force majeure, will entail the termination of the contract by right pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.

16. 16. Protection of confidentiality and processing of Buyer data

16.1. The Supplier declares and guarantees that the personal data of customers are processed in accordance with the provisions of Legislative Decree 70/2003 and subsequent amendments and additions, as specified in the specific section on the site and called “Privacy Policy and Cookie Policy”

1. 17. Contract storage methods

17.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier’s headquarters, according to confidentiality and security criteria.

1. 18. Communications and complaints

18.1. All written communications addressed to the Supplier and any complaints will be considered valid only if sent by registered letter to the following address: Tecnowell srl – Via Vittorio Emanuele II N 17 – 66020 San Giovanni Teatino (CH) – , or if sent by e-mail to the following address: info@tecnowell.com
The Buyer indicates in the registration form his/her residence or domicile, telephone number or e-mail address to which he/she wishes the Supplier’s communications to be sent

1. 19. Dispute resolution

19.1. All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Chieti and resolved according to the Conciliation Regulations adopted by the same.

19.2. If the Parties intend to bring the matter before the ordinary Judicial Authority, the competent Court is that of the place of residence or elected domicile of the consumer, which cannot be waived pursuant to art. 33, paragraph 2, letter u) of the Consumer Code.

1. 20. Applicable law and referral

20.1. This contract is governed by Italian law.

20.2. For anything not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.

20.3. Pursuant to art. 60 of the Consumer Code, the provisions contained in Part III, Title III, Chapter I of the Consumer Code are expressly referred to here.

Final clause

This contract cancels and replaces any previous agreement, understanding, negotiation, written or oral, between the parties and concerning the subject of this contract.

THE FINALIZATION OF THE ORDER PLACED ON THIS SITE BY THE CUSTOMER IMPLIES THE ACCEPTANCE – EXPLICITLY REQUESTED IN THE ORDER FINALIZATION PROCESS ITSELF – OF ALL THE CONDITIONS INDICATED ABOVE.

TECNOWELL SRL VIA VITTORIO EMANUELE II – N 17 66020 SAN GIOVANNI TEATINO -CH