General terms and conditions of sale of Aquardens S.p.A.
The user of the virtual shop, hereinafter the Customer, on the site https://aquardens.it/eshop, hereinafter the Site, by sending his or her purchase order electronically, acknowledges and unconditionally accepts, by giving prior online confirmation of the same on the Site before starting the procedures for his or her purchase and undertakes to observe in his or her dealings with AQUARDENS S. p.A. with head office in 37026 Santa Lucia di Pescantina (VR), Via Valpolicella no. 63, hereinafter referred to as Aquardens, these general conditions of sale, hereinafter referred to as the General Conditions, which it also undertakes to print and keep. Each purchase transaction shall also be, for all matters not provided for herein, regulated by the applicable provisions of Legislative Decree no. 06/09/2005 no. 206, "Consumer Code" and, as regards the protection of confidentiality, shall be subject to the regulations set out in EU Regulation no. 679/2016.
These General Terms and Conditions regulate the purchase of spa services by consumers, made remotely via computer network through access to the Site.
In particular, the purchase will relate to entrance tickets to the spa facility (hereinafter Tickets) and/or gift vouchers (hereinafter Gift cards and, jointly with the Tickets, indistinctly, Securities), of a pre-established value, to be used at the facility in payment of the services listed on the Site.
2. Stipulation of the contract - Prices
The order is a contractual proposal which Aquardens may, or may not, accept. In the event of non-acceptance, for whatever reason determined, Aquardens guarantees prompt notification to the Customer by appropriate means and will refund the amount paid.
By placing an order, the Customer declares
- that he/she is a consumer in accordance with art. 3 lett. a) of the Consumer Code and, therefore, that he/she is a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out;
- that he/she is of legal age;
- that the data provided by him/her for the execution of the contract are correct and truthful.
The contract stipulated between Aquardens and the Buyer shall be deemed to be concluded with the acceptance of the order by Aquardens itself and the sending of the Securities ordered to the e-mail address indicated by the Customer at the time of registration. The Title shall be handed over by the Customer or by the Beneficiary, in case of Gift Card, at the reception of the Thermal Park at the time of the request to use the services.
The prices of admission tickets and spa services are indicated on the Site in euros, VAT included, and are those in effect at the time of purchase.
Purchases made online at the indicated price preclude the possibility of receiving refunds against other concessions (conventions and/or discount vouchers).
The payment made by the Customer is in the nature of a price for entrance tickets and booked services and of a security deposit for Gift Cards until the service is provided at Aquardens.
3. Provision of services - Effectiveness of the Titles - Lapse of redemption
Each Title has its own period of validity and effectiveness which, in general, is 6 months from the date of issue for Tickets and for Gift Cards.
Once this period has expired, the right to use the services lapses. No reimbursement is, therefore, due for services not used within this period.
Each purchase made
- cannot be combined with other ongoing initiatives and promotions;
- may be subject to availability, limitations and/or variations in use. Any variations in use will be communicated to the customer, offering favourable conditions for access to areas of the Park that require a surcharge. In the case of Tickets with validity referring to special days (e.g. New Year's Eve/New Year's Eve, etc...) the Ticket shall exactly indicate the event: once this event has passed, the Ticket shall lose any validity and the Customer shall not be entitled to any refund even if not used.
4. Conditions of payment
Payment for the Titles shall be made by the Customer with the relevant order.
5. Reservations - Advance Notice of Cancellation - No Refunds
Should the Client, in the case of Tickets, or the Beneficiary, in the case of Gift Cards, wish to take advantage of services for which a reservation is required, they must forward an email to email@example.com, indicating the alphanumeric serial code that identifies each ticket.
In the event that the Customer or Beneficiary intends to cancel and/or change their appointment, it is necessary to communicate the cancellation 24 hours in advance of the date set for the service: failing this, the fee shall still be due.
Similarly, no reimbursement will be due in the case of Tickets purchased with specific validity tied to a specific date or a specific event in the event of non-access to the park on the date indicated or the date on which the event takes place.
6. Right of withdrawal - Exclusion
Pursuant to the Consumer Code, the Customer has the right to withdraw without penalty and without any obligation to specify the reason within 14 working days from the purchase of the ticket by written communication, letter or e-mail, to the ordinary e-mail address firstname.lastname@example.org or, alternatively, to the certified e-mail address email@example.com.
To exercise the right of withdrawal, the Customer shall inform Aquardens of its decision by means of an express written declaration, which may be sent by ordinary e-mail to firstname.lastname@example.org or, alternatively, to the certified mail address email@example.com.
The declaration must clearly specify the purchased Titles and any services already booked, the Customer's first and last name and telephone number. A valid and timely withdrawal shall entail the reimbursement of the payments made by the Customer in favour of Aquardens, no later than 30 days from the day of receipt of the declaration of withdrawal.
The refund will be made in the same manner in which the purchase was made, within 30 days from the date of the request.
The right to withdraw under the Consumer Code is, however, excluded in the case of Tickets purchased with specific validity tied to a specific date or a specific event.
A model of a possible declaration of withdrawal is transcribed below.
Via Valpolicella n. 63
37026 Santa Lucia di Pescantina (VR)
ordinary e-mail address firstname.lastname@example.org or, alternatively, to the certified mail address email@example.com.
I, the undersigned ..............(name and surname), born at .........., on ........... , residing at .........., Via ....................., hereby notify you of my withdrawal from the contract of sale of the following services .......
(please indicate the serial number of the Ticket or Gift Card) ordered on .....
Signature (if withdrawal is transmitted in paper form)".
7. Information and complaints
For any information or complaints, AQUARDENS S.p.A. may be contacted at the addresses indicated under "Contacts" on the Site.
8. Protection of personal data
The Customer agrees that the data declared at the time of the order will be processed by Aquardens in accordance with EU Regulation no. 679/2016. For the policies and procedures relating to the protection of personal data please refer to the relevant information on the Site which the Customer shall read, acknowledging it with an appropriate telematic confirmation, prior to the start of the purchase procedure.
9. Limitations of Aquardens' liability
Aquardens shall not be liable for any delay and/or non-delivery of the Securities due to Customer's wrong indications.
In case of non-delivery of the Titles, it is the Customer's responsibility to contact Aquardens at the number 04567067 for the relevant verifications. If the Customer does not communicate the non-delivery, the shipment shall be considered successful.
Aquardens is characterised by the variety of its spa offer with numerous pools of various sizes, indoor and outdoor areas that can be used.
Therefore, the Customer and the Beneficiary acknowledge and accept that in particular weather, security or technical circumstances, Aquardens reserves the right to change the service hours of the Park and/or of individual indoor areas to the extent of closing access, without providing for any reimbursement.
10. Applicable law - Place of jurisdiction
The distance sales contract between Aquardens S.p.A. and the Customer is intended to be stipulated and concluded in Italy and therefore governed by Italian law. If the Customer is a consumer, any civil dispute relating to the application, execution, interpretation and breach of the distance sales contract shall be under the territorial jurisdiction of the judicial authority of the court where the purchaser has his residence or domicile, if located in the territory of the Italian State. In all other cases (e.g. if the purchaser has his/her residence or domicile abroad), the territorial jurisdiction is exclusively that of the Court of Verona.
Pursuant to art. 1341 of the Italian Civil Code, the clauses set out in paragraph 3 (Effectiveness of the Securities - Forfeiture of refund), 5 (Exclusion of refund), 6 (Limitation - Exclusion of withdrawal), 9 (Limitation of Aquardens' liability), 10 (Applicable law - Jurisdiction) of these General Conditions are expressly accepted.