1.1. These contract terms and general conditions (hereinafter referred to as “General Conditions”) apply to all sales of products ( “Products” or “Product”) purchased through the www.termemargherita.it website (hereinafter “Site”).
1.2. The products sold on the Site may be purchased and delivered only in Italy. Any orders for shipment outside Italy will be automatically rejected during the order processing steps.
1.3. The available language to conclude the contract is Italian.
1.4. The Customer must carefully read these General Conditions, published on the Site to allow storage and reproduction under art. 12 of Legislative Decree 70 of 9 April 2003, containing implementation rules for Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.
1.5. Contracts concluded on the Site are governed by Italian law and in particular by Legislative Decree 206 of 6 September 2005 (Consumer Code) and Legislative Decree 70 of 9 April 2003 (provisions on e-commerce).
1.6. The individual clauses of these General Conditions will be considered independent of each other; the total or partial invalidity of a single clause or paragraph shall not result in the invalidity of any other clause or paragraph of these General Conditions.
2.1. The products are sold by Terme Margherita di Savoia e-Commerce Division of the Terme di Margherita di Savoia Srl company of Via Imbriani 61, Trani (BT), Italy, postal code 76125, VAT number 00123640716, Bari Business Registry no. 482387, Tel. +39 0883 655402; Fax +39 0883 655107; Certified email: email@example.com
3.1. The information and features of the products are listed in the on-line catalogue and are visible at the time the order form was filled out before sending it.
3.2. Prices (including VAT and all other taxes) are shown next to each product in the online catalogue.
3.3. The Vendor will not be liable for changes to the color of packaging and/or silk-screens made the manufacturer as a result of packaging changes.
3.4. The Vendor shall constantly enact measures to ensure that the photographs shown on the Site are faithful representations of the actual products, including all possible technological measures to minimize inaccuracies.
3.5. The Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
4.1. The fundamental characteristics and the prices of products are shown in the offer for each product.
4.3. The Customer may choose the method of payment, and send the order.
4.4. Orders sent by Customers shall be considered accepted and binding for the Vendor when, in reply to the order, it has sent a confirmation email acknowledging its receipt.
4.5. If one or more products ordered is even temporarily unavailable, the Vendor must inform the Customer of the products that are not available and of the resulting updated amount. If the Customer has paid for the goods in advance, the Customer may either add products to replace those that are unavailable or request a refund of the amount of the unavailable products using the procedures described below (see paragraph 6), . In this case the Customer must provide bank account details for the refund and the Vendor must promptly refund the excess amount paid.
4.6. If the Customer’s data is incomplete or inaccurate, making it impossible to deliver the package, the Vendor will not dispatch the order and cancel the order, reporting it by email.
5.1. The Vendor charges EUR 10 (ten euros) for shipping within Italy, including VAT and all other taxes.
5.2. No shipments are made outside Italy.
5.3. The Vendor will promptly ship the purchased products by a courier which provides delivery throughout Italy in 48/72 hours starting from the day following the day the order was placed.
5.4. Deliveries are done Monday through Friday during normal working hours (9:00 AM to 1:00 PM and 2:00 PM to 6:00 PM).
5.5. If the courier cannot deliver, due to the recipient’s absence, after two attempts it will leave a notice of attempted delivery with instructions and contacts to arrange the delivery.
5.6. The Vendor will do everything possible to deliver the products to the Customer within the specified deadlines.
5.7. The Customer is invited to contact the Vendor in case of delivery delays, and to report any problem with the service.
6.1. Terme di Margherita di Savoia offers various methods of payment to choose from when placing the order:
• cash on delivery of the package;
• payment by PayPal;
• payment by bank transfer to Terme di Margherita di Savoia Srl – BANCO DI NAPOLI – Agenzia Margherita di Savoia (BT) – IBAN: V010 1078 4600 IT76 7001 106 0002 sending a copy of the bank transfer to firstname.lastname@example.org.
6.2. A receipt will be included in the package and, if requested, an invoice for the order with details and prices of the products purchased.
6.3. The price shown on the invoice or receipt will be that shown beside the product at the time the order is placed, regardless of subsequent updates.
7.1. Only if the Customer that enters into the contract is a Consumer (meaning any physical person who accesses the site for purposes other than their business or professional activities), the Customer will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, within the term of fourteen working days beginning from the day the products purchased on the web were received.
7.2. The Customer must notify the Vendor of the intention to exercise the right of withdrawal within the time limit specified in paragraph 7.1 and provide the following information:
• number and date of invoice or order number;
• for partial withdrawal, the description and quantity of the products to return;
• bank account details for the refund (CAB CODE – ABI CODE – ACCOUNT NUMBER);
• if the account holder is different from the person the invoice was made out to, it must be stated;
7.3. The notice of exercise of the right of withdrawal may be sent by:
• fax to +39 0883 655107;• registered letter with proof of delivery to: Terme di Margherita di Savoia, Piazza Libertà 1 – 76016 Margherita di Savoia (BT)
7.4. The Customer must completely or partially return the goods received within fourteen days from the exercise of the right of withdrawal, to Terme di Margherita di Savoia, Piazza Libertà 1 – 76016 Margherita di Savoia (BT).
7.5. The right of withdrawal is subject to the following conditions:
• products must be returned complete and not only parts or components even for kits;
• returned products must not be used, tampered with, damaged;
• returned products must be returned in their original packaging;
• returned products must be sent to the Vendor in a single shipment. The Vendor reserves the right to not accept products from the same order returned and shipped at different times.
7.6. If the Customer exercises the right of withdrawal in accordance with the above requirements, the Vendor must refund the sums paid by the Customer no later than 30 days from the Vendor’s material receipt of the products returned, minus the costs of delivery and re-delivery of the goods.
7.7. Products may be returned by any means chosen by the Customer to Terme di Margherita di Savoia, Piazza Libertà 1 – 76016 Margherita di Savoia (BT). The Vendor will not accept, under any circumstances, return shipments with freight collect payment of COD unless they have been previously approved by the Vendor in writing.
8.1. The Vendor is responsible for any defects in products, in conformity with Italian law.
8.2. If the Customer has entered into the contract as a Consumer (meaning any physical person who accesses the site for purposes other than business or professional activity), this warranty is valid only if both of the following are respected:
- the defect occurs within 24 months from the delivery date of the products;
- the Customer send a formal claim for the defects no more than 2 months after finding the defect;
8.3. The Customer may report defects by:
• fax to +39 0883 655107;• registered letter with proof of delivery to: Terme di Margherita di Savoia, Piazza Libertà 1 – 76016 Margherita di Savoia (BT);
8.4. For product non-conformity, Customers that have entered into the contract as Consumers are entitled to remedy to the non-conformity by free repair or replacement, or to an appropriate price reduction or the cancellation of the contract pertaining to those goods and refund of the amount paid.
9.1. Product information shown on the Site is continuously updated.
9.2. The Vendor reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, updating the information at any time without prior notice.
10.1. These General Conditions are governed by Italian law and must be interpreted according to the Italian legal system.
10.2. Disputes concerning the interpretation, validity and/or execution of these General Conditions must be resolved by Italian courts.
In particular, if the Customer qualifies as a consumer (meaning any physical person who accesses the site for purposes other than their business or professional activities), any disputes must be resolved by the court of the Customer’s domicile or residence based on the applicable law.
Otherwise, if the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Trani.
11.1. For any communication or request for information the Customer can send:
- a fax to +39 0883 655107;
-an email to email@example.com;
- a registered letter with proof of delivery to Terme di Margherita di Savoia, Piazza Libertà 1 – 76016 Margherita di Savoia (BT);
Pursuant to art. 13 of Legislative Decree 196/2003 the company Terme Margherita di Savoia Srl, dealing by electronic commerce under the Terme di Margherita di Savoia brand, informs that personal data provided by filling in an order or by registering on the Site or otherwise, will be subject to processing.
This data will remain available to the Customer for review, modification or deletion by contacting Terme Margherita di Savoia, and to exercise all other rights provided by art. 7, 8, 9 of Legislative Decree 196 of 30 June 2003.
The data is fed into a customer data store at the time of the first order or registration, and a User ID and a password are set which must be kept for subsequent operations.
With reference to this data, Terme di Margherita di Savoia informs that the personal data provided by Customers during registration or when ordering products is processed only for the purpose of the order and for commercial purposes, promotional purposes, management and statistics for internal use.
If written consent to the processing of personal data orders is not granted, orders cannot be processed and will therefore be deleted automatically.
Customer data will be processed in written and electronic form, on magnetic media and paper; in relation to contractual needs, including payment and delivery of products ordered, to fulfill the legal obligations, or as ordered by authorities and, if specifically authorized, for sales information, interactive promotion and market research.
Customer data will not be disclosed or communicated to third parties who are not employees of the company Terme Margherita di Savoia S.r.l., unless necessary or functional to carry out the contractual activity of Terme di Margherita di Savoia, such as but not limited to banks for managing payments, forwarding agents for shipment of the purchased products to the address designated by the Customer, to third parties providing services requested and authorized by the Customer to Terme di Margherita di Savoia.
Some personal data may be communicated by Terme di Margherita di Savoia to third parties such as to the Italian revenue service and to judicial authorities and police forces if required.
The Data Controller and Data Processor is Dr. Mauro Galantino, employee of the Terme Margherita di Savoia Srl company.