Terms and conditions
General Conditions of Sale, in force since:16/12/2021
This information is provided for the site www.genzianella.com(Site).
Seller’s data: Genzianella S.R.L with registered office in Via Zandilla, 6, 23032 Bormio (SO), Chamber of Commerce of Sondrio, VAT number 05863400155, hare capital of 110.000,00 € fully paid, email firstname.lastname@example.org, telephone +39 0342 904485 (Seller or Vendor)
Service sold on the Site: Wellness stays and experiences (Service).
Art. 1 Scope
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If made possible by the Site, the insertion of your tax code during a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It is recalled that the quality of consumer is the natural person acting for purposes unrelated to the business, commercial, professional or craft eventually carried out. If, however, is given the opportunity to enter the VAT number (his or that of a legal person), this implies a purchase by way of “Professional”, pursuant to art. 3, paragraph I, letter. c) of the Consumer Code. The quality of Professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or its intermediary. The implications of buying as a Consumer rather than as a Professional will be described later in this document.
1.3 The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are intended as indicative only. The colors may differ from the real ones due to the settings of the computer systems or computers you use to view them.
1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 The present General Sale Conditions do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects it is necessary to verify their conditions of sale. The Seller is not responsible for the supply of services and/or the sale of products by such subjects.
1.7 The Seller does not control and/or monitor the websites that can be consulted through such links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by the same.
1.8 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.9 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 The entirety of any element of the Site is the property of the Seller or a third party. Except with the specific written consent of the Seller, you may not reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or any part of the content of the Site.
1.11 In no event shall Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, but is not limited to, any loss of income or other indirect loss resulting from the use of or inability to use the Site. Seller makes no warranty or representation that: (i) the Site is free of viruses or programs that may damage data; (ii) the information contained on the Site is accurate, complete and current.
1.12 This document fully governs the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are not affected.
Art. 2 Purchases on the Site
2.1 In order to make purchases on the Site it is necessary to follow the procedure present on the Site itself, inserting the data requested from time to time. The contract of sale is concluded when the order reaches the server of the Seller.
2.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information provided by you is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Siteit is necessary to read and approve these General Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
2.6 After each order on the Site, you will receive an order confirmation email.
Art. 3 Prices
3.1 On the Site prices include VAT.
3.2 The Seller reserves the right to change the price of the Services, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time of placing the order and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the same.
3.3 The purchase contract is resolutively conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will be cancelled accordingly.
Art. 4 Means of payements
4.1 This article describes the payment methods available on the Site.
4.2 The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.3 On the Site you can pay by bank transfer. After the purchase, you will receive by email the bank details to proceed with the balance of the amount due to the Seller.
4.4 On the Site you can make purchases using coupons, vouchers or coupons. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. Under no circumstances may coupons be converted into cash.
Art. 5 Right of withdrawal
5.1 We invite you to read with particular attention to this article, which governs the right of withdrawal.
5.2 The right of withdrawal is the right of the Consumer to terminate the purchase contract without being obliged to provide a reason. If you purchased as a Professional the right of withdrawal does not apply, unless otherwise agreed with the Seller. Possible exceptions to the right of withdrawal are set out in this article 5. If there are no exceptions to the right of withdrawal, this article 5 is fully applicable.
5.3 With specific reference to the sale of Services to Consumers, the Consumer Code provides the possibility that the Consumer loses the right of withdrawal if on the Website are offered for sale accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.
5.4 On this Site the exclusion of the right of withdrawal described in the preceding article does not apply. Therefore, if you are a Consumer, you have the right to withdraw from the contract for the purchase of the Service without having to provide any reasons and without having
Art. 6 Legal Warranty of Conformity
6.1 The Legal Guarantee of Conformity is reserved for the Consumer. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.
6.2 The Seller is responsible towards the Consumer for any lack of conformity of the Service that becomes apparent within two years from the purchase. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Art. 7 Applicable law and jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
7.1 The purchase contracts concluded through the Site are governed by Italian law.
7.2 It is subject to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence.
7.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the competent court is the place where the user resides or has elected domicile.
7.4 In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document is instead competent the Court where the Seller is located in accordance with what is provided in the Introduction.
7.5 The Seller informs the user who has the status of Consumer that, in the event that he has made a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the extra-judicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Sales Conditions (ADR bodies), specifying whether or not he intends to make use of such bodies to resolve the dispute itself.
7.6 The Seller also informs the user who is a Consumer that a European platform for the online resolution of consumer disputes has been set up (the so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and initiate a procedure for the online resolution of the dispute in which he/she is involved.
7.7 In any case, the right of the consumer user to refer the dispute arising from these General Conditions of Sale to the competent ordinary judge, whatever the outcome of the procedure for the 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, is not affected.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Terms and Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No 861/2007 of the Council, 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu.
Art. 8 Customer service
8.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Foreword, or by using the contact form eventually present on the Site.
8.2 The Seller shall answer in an approximate time of 5 days.