General terms and conditions of sale
GENERAL CONDITIONS OF SALE
of the site https://aquasumma.com/
These general conditions of sale and the contractual relationships between Active Italia Srl and the Buyer are governed by Italian law. In the event of a dispute, before initiating any judicial action, the parties undertake to seek an out-of-court solution.
Any purchase of a product proposed on the Site presupposes the consultation and explicit acceptance of the GCS. A handwritten signature on your part is not required for acceptance.
Pursuant to the applicable laws and regulations relating to electronic signature, please note that the validation of the purchase order, as specified in these GCS, constitutes an electronic signature, which has the same value between the parties as the handwritten signature, which is valid as proof the purchase order and the collectability of the sums due under the aforementioned order.
In the context of these GCS, the following is agreed: “You“Or” the Buyer“Indicates the person who browses the Site and / or purchases products on the Site; “We“Or the”Sales person“Indicates the company identified in the above legal notes; the Buyer and the Seller will be jointly referred to as the “Set off“And individually the”Part“.
1. PURCHASE CONDITIONS
The Products we offer on the Site are reserved for people:
(i) adults (or minors who hold an authorization from the person exercising parental responsibility and which allows you to place an order on the Site);
(ii) in possession of the full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for proof of your age and / or the aforementioned authorization. We reserve the right not to process a purchase order and / or to exclude from our customer / potential customer database any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
It is specified that the Products are intended for the personal use of the Purchaser, that their purchase must not have any connection with the professional activity of the latter, including the resale of the Products themselves.
2. PRODUCTS – PRICES
The products offered for sale on the Site, (hereinafter “Products“) Are those present on the Site on the day of the consultation and / or navigation on the same by the Purchaser.
If a Product is not available, the Buyer is informed of this unavailability:
- at the time of placing the order: a message appears indicating that the Product is temporarily unavailable, or
- after the validation of the order and before delivery, by e-mail.
The Buyer is informed that the photographs and texts illustrating the Products are subject to change.
The prices are indicated in Euros (€) and are valid throughout the Italian territory.
The prices take into account any discounts and VAT applicable on the day the order is placed.
The prices indicated do not take into account the processing and delivery costs that will be invoiced in addition and the amount of which for each order is indicated in the table below:
|DELIVERY METHODS||CART <100 €||CART> 100 €|
|Standard – only for Italy||€ 10.00 VAT included||FREE|
It should also be noted that any promotions granted in the form of discount coupons are valid only for one order per user and in a specific period of validity and cannot be combined with other discounts.
The Seller reserves the right to change prices at any time; however, the Products are invoiced on the basis of the rates in effect at the time of order registration, subject to their availability.
c) Ratings and comments from Internet users
You have the opportunity to express your opinion and reorder each Product. You also have the opportunity to consult the opinions and advice of other Internet users. The opinions and advice expressed for each Product correspond to the average of the opinions and advice of the Internet users who answered each question and are binding exclusively for the latter. Such opinions and advice cannot under any circumstances constitute a contractual element between the Seller and the Buyer.
The stars shown on the Site next to the Products represent the average of the votes, at a given time, assigned by the people who have expressed their opinion on our Site about our Product and can therefore vary from day to day.
3. REGISTRATION AND VALIDATION OF THE ORDER
a) How to enter an order
To place an order, the Buyer must first connect to the Site.
Subsequently, the Purchaser can learn more about the various Products offered for sale on the day of the consultation of the Site and choose the Products
(i) browsing the various categories of Products or
(ii) by directly typing the name of the Product into the search engine.
While browsing the Site, the Buyer who wishes to place an order can do so by simply clicking on the button to add the Product to the cart.
Once this operation has been carried out, the Buyer will see the number of Products present in their cart. We inform the Buyer that the contents of the shopping cart may be subject to an expiration period.
The Buyer can continue the visit or click on the cart to view its contents, viewing all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the billing and delivery data, the timing, the costs and any delivery limitations as well as the legal rights and guarantees available to the Buyer.
The Buyer can return to his order, complete it, modify it, cancel it only if he has not yet effectively validated it – that is, up to the actual payment under the conditions set out in these GCS. If the Buyer wishes to choose other Products, he can continue browsing the Site, making sure that the Product (s) he has selected are / are present in his cart.
Once the selection of the Products has been completed, the Buyer can validate the order using the appropriate button. At that point, a new page will open inviting the Buyer to:
- Provide username (e-mail address) and password if the Buyer is already registered on the Site;
- Accurately fill in a personal data collection form, in particular the mandatory fields (i.e. those not indicated as optional) such as Surname, Name, Email Address, Delivery postal address (i.e., the address to which delivery can be made during business hours from Monday to Friday) and Tax Code / VAT number;
- Declare that you have read and accept these GCS.
After having read the order, the Buyer is invited to:
- click on the button that allows you to access the payment of the order, under the conditions described in these GCS, or
- click on the button that allows you to change the cart and / or information relating to your personal data.
By clicking on the button that allows you to access the payment of the order, the Purchaser must at first compulsorily read these GCS and subsequently confirm his consent to all the GCS, activating an acceptance confirmation action requested by the Site (such as ticking a box).
As soon as the Buyer confirms the acceptance of the GCS, an Internet page dedicated to the payment of the order opens.
The Buyer must then proceed with the payment of the order under the conditions described in these GCS.
It should be noted that the server where the page of the Site relating to payment by credit card resides, pursuant to the provisions of Article 4 below, is secured by means of SSL (Secure Socket Layer) encryption in order to protect as effectively as possible all data related to the means of payment. The Seller is relieved of any liability.
The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.
b) Confirmation of the order
Once the order has been confirmed and the payment validated in the manner provided above, a printable and savable summary of the Buyer’s order is displayed, which contains the references of the purchase order itself.
The Seller will send, as soon as possible, an e-mail confirming the order to the e-mail address communicated by the Buyer, with the following information:
– the identity of the Seller and his contacts;
– the reference of the order registered at the time of the execution of the same;
– the summary of the order and the fundamental characteristics of the products;
– the timing, costs and any delivery limitations;
– the total amount of the order, including taxes;
– the rights and legal guarantees available to the Buyer;
– confirmation of payment.
The Seller retains ownership of the Product (s) ordered until the Seller has fully collected the price and ancillary costs, including shipping costs. In the event of payment problems, the Buyer undertakes to return the products received to the Seller from the first request.
In order to protect the Seller from possible fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the Buyer (before processing the order) additional documents (in particular proof of domicile and debit in the name of the Buyer, photocopy of the Buyer’s identity card, photocopy of the Buyer’s credit card) for the purpose of verifying the non-fraudulent nature of the order.
In the absence of a reply from the Buyer within 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be canceled and the Seller will proceed within 14 (fourteen ) days following the expiry of the aforementioned term to the refund of the order according to the payment method used by the Buyer.
c) Proof of the order
By explicit agreement between the Seller and the Buyer, the e-mail messages are authentic between the Parties, as well as the automatic registration systems used on the Site, in particular with regard to the type and date of the order.
The Buyer can access, if necessary, in accordance with the rules of common law, the electronic contract stipulated between the Buyer and the Seller. To this end, you must contact the Customer care to which it will provide all the necessary information, in particular the order number and its details.
The amount due by the Buyer is that indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by e-mail from the Seller to the Buyer.
When validating the order, the Buyer can choose between different payment methods.
Payment can be made:
- immediately via the Internet, by credit card (Visa, Amex, Mastercard, Maestro);
- through PayPal.
The order is validated by the Seller only upon acceptance of the GCS and verification and confirmation of the validity of the payment.
In any case, the Seller reserves the right to refuse any order or any delivery in the event of:
(i) ongoing dispute with the Buyer;
(ii) non-payment of all or part of a previous order by the Buyer;
(iii) refusal of credit card payment authorization by banking institutions;
(iv) non-payment or partial payment.
5. DELIVERY AND RECEIPT
a) Delivery methods
Once prepared, the order is shipped to the postal address communicated by the Buyer at the time of placing the order.
The Products are delivered by postal services or by a specialized supplier (depending on the case and / or the delivery options selected) (hereinafter the “Carrier”). In the absence of the Buyer, the Transporter leaves a notice of passage in the Buyer’s letterbox. The Buyer must contact the Transporter to agree on a new delivery date. However, it should be noted that if the Purchaser does not contact the Transporter, the latter makes a new delivery attempt whose date and time are established at the Transporter’s discretion.
The Buyer is informed that the package remains in storage with the Courier for a period of 7 (seven) days from the first delivery attempt.
Orders are prepared by the logistics center and are delivered by the courier chosen by the Seller. The estimated delivery times are shown in the table below and considered from the date the order was placed. The estimated time is indicative and may be subject to changes.
- standard delivery: 2-4 working days
Sundays and public holidays are not considered working days.
In any case, the order is processed within the maximum term of 30 (thirty) days starting from the day following that on which the Buyer validated it, without prejudice to full payment of the price and compliance with the purchase conditions. defined in article 1 – “Purchase conditions” of these GCS.
In case of non-delivery at the expiry of the aforementioned term, the Buyer has the possibility to cancel the order under the conditions set out in Article 5, lett. c) – “Delay in delivery” reported below.
c) Delay in delivery
In case of exceeding the maximum delivery term of 30 (thirty) days, the Buyer can exercise the right of withdrawal by contacting the Customer care.
Starting from the exercise of the right of withdrawal, the Seller reimburses all the sums paid by the Buyer (including delivery costs), according to the payment method used by the Buyer, within a maximum period of 14 (fourteen) days from receipt of the notification, with the exclusion of any other compensation.
Any delay in delivery must be reported as quickly as possible by the Buyer, so that the Seller can carry out checks at the Transporter. The Buyer is informed that carrying out an audit is an uncertain and relatively lengthy process that the Seller cannot control.
If during the verification the order is found, it is immediately redirected to the place of delivery indicated in the order.
If at the end of the verification the loss of the order is confirmed, the Seller reimburses the Buyer the sums collected on the bank account debited at the time of the order.
Each delivery is considered to have been made as soon as the Product (s) are made available to the Buyer by the Transporter.
It is up to the Buyer to immediately verify, upon receipt of the Product (s), the conformity and integrity of the Product (s) shipped.
Any anomaly / defect identified at the time of delivery (in particular delayed delivery, missing or damaged product) must be reported in a complete and precise manner by the Buyer on the receipt delivered by the Transporter at the time of making the Products available and / or confirmed by letter registered letter to the carrier within 3 (three) days of receipt of the order.
Any defect must be notified as soon as possible to the Customer care of the Seller to communicate the non-conformity or hidden defects of his / her Product / s.
The Purchaser has 26 (twenty-six) months from the delivery of the purchased Products to exercise the guarantee against hidden defects.
Following the report of non-compliance or the presence of defects, the Seller’s Customer Service will confirm that it has received the Buyer’s request and will inform him of the procedure to be followed. Upon receipt of the instructions from the Seller’s Customer Service, the Buyer will return the Products that are not compliant or affected by a hidden defect to the Seller at the following address:
Active Italia Srl – Via Pompeo Magno, 2b – 00192 Rome Italy
The Product / s must be strictly:
(i) returned complete (s), unused (s), in the original intact packaging e
(ii) accompanied by the original packaging as well as the return note provided by the Seller’s Customer Service and the invoice.
The Seller will not accept packages that are not postage paid. Any risk associated with the return of the Product (s) is borne by the Buyer.
Upon receipt of the allegedly non-compliant Product (s) or affected by a hidden defect, the Seller will carry out a check of the Product (s) to ascertain their conformity. Likewise, the Seller may carry out a quality test on the Product (s) returned by the Buyer to verify that the Product (s) returned is / are the original Product (s). It is understood that these checks are carried out as soon as possible and within a maximum period of 1 (one) month.
If the non-conforming nature of the Product (s) is confirmed or if the hidden defect is confirmed, the Seller will refund the non-conforming Product (s) or affected by a hidden defect, as well as shipping costs, depending on the payment method used by the Purchaser, within the term of 14 (fourteen) days from receipt of the non-conforming Product (s) or defective (s).
6. RIGHT OF WITHDRAWAL
In full compliance with art. 52 of Legislative Decree n. 21/2014 (Consumer Code), the Purchaser has a period of 14 (fourteen) days, starting from the day of actual delivery of the order, to withdraw from the purchase contract of the Products, without having to give reasons or pay penalties, with the exception of the shipping costs to make the return which are borne by the Buyer. In case of failure to exercise the right of withdrawal within the period of 14 (fourteen) days above, the order is considered final and no refund can be made.
The right of withdrawal can be exercised exclusively by the Buyer and not by third parties.
The Purchaser may exercise the aforementioned right of withdrawal within the terms established by completing the standard withdrawal form referred to inAttachment 1 or by submitting any other explicit declaration of your decision to withdraw from the contract to be sent to Active Italia Srl, Via Pompeo Magno, 2b 00192 Roma It.
The Seller will confirm that he has received the Buyer’s request for withdrawal by sending him an e-mail.
The Purchaser has a term of 14 (fourteen) days, starting from the date on which he communicated to the Seller that he wishes to exercise the right of withdrawal, to return the complete Product / s, not used, to Active Italia Srl. / i, in their original intact packaging and, if possible, accompanied by the original packaging, the return note and the invoice. The direct cost of returning the Products is borne by the Buyer.
In case of failure to return the Products within the period of 14 (fourteen) days above, the order is considered final and no refund can be made.
The Seller undertakes to reimburse the Buyer all the sums paid. The refund is made according to the payment method used by the Buyer for the initial transaction, within a maximum period of 14 (fourteen) days from the Buyer’s exercise of the right of withdrawal.
The reimbursement of the sums may be postponed until the return of the Products by the Buyer or until the Buyer demonstrates that he has returned the goods, whichever is earlier.
Pursuant to art. 59 of Legislative Decree n. 21/2014 (Consumer Code), the right of withdrawal referred to in this article is excluded in the following cases:
- waiver expressly expressed by the Buyer;
- supply of tailor-made or clearly personalized products;
- supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
- supply of Products combined with other Products (for example: individual Products within a box made up of different Products).
a) Force majeure
Neither Party will be responsible for the total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter the “Force Majeure Events“).
Force Majeure Events may include, but are not limited to, wars, riots, riots, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into the website servers, strikes of any form, telematic or telephone failures, etc.
The Party that assumes that a Force Majeure Event has occurred or is likely to occur, must inform the other Party within 5 working days of the event or aforementioned risk.
The Parties agree to meet in order to jointly determine the terms and conditions for completing orders during the presence of a Force Majeure Event.
After 1 (one) month of interruption due to a Force Majeure event, Active Italia Srl may choose to cancel the orders and reimburse the Buyer, where due.
b) Partial nullity
If one or more clauses of these GCS are considered null or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
c) Entire Agreement
These GCS and the summary of the order sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.
In case of discrepancy between the aforementioned documents, these GCS will prevail.
d) Modification of the GCS
It is specified that the Buyer can save or print these GCS, provided that they are not modified.
The GCS in force can be consulted at any time under the heading “General Conditions of Sale” accessible from all pages of the Site.
The Seller may, at any time, update these GCS. Each updated version of these GCS will be made available on the Site in the dedicated section: Active Italia Srl therefore invites all users to periodically consult the Site to always be informed of the latest version uploaded.
e) Applicable law and competent court
For any problems, please contact our Consumer Service:
According to the applicable rules on mediation, any complaint must be sent in writing to the Consumer Service at the following address:
Last updated: Feb 19, 2023