Terms and Conditions

General terms and conditions of sale of Aquardens S.p.a.

Conditions of sale of Aquardens S.p.A.

A) General conditions of sale

These General Conditions form an integral and substantial part of the contract concluded between Aquardens Spa, hereinafter referred to as Aquardens, with its head office in Pescantina (VR), Via Valpolicella n. 63, C.F.-P.IVA 03784080230, contactable via email at https://aquardens.zendesk.com/hc/it, pec aquardenscustomer@namiralpec.it, website www.aquardens.it, hereinafter referred to as the Site and the customer as consumer, as defined in Legislative Decree 06/09/2005 no. 206, hereinafter referred to as Customer, for the purchase of tickets, hereinafter Tickets, for access to the Thermal Park and/or beauty treatments, hereinafter Treatments, at the "Massage & Beauty" department and/or for the supply of cosmetic products hereinafter referred to as Products, as well as gift vouchers, hereinafter referred to as Gift Cards, and together with the Tickets, also indistinctly Vouchers. Each purchase transaction shall therefore be, to the extent not provided for herein, governed by the applicable provisions of Legislative Decree No. 206 of 06/09/2005, "Consumer Code". These Conditions of Sale, to the extent compatible, shall also apply to the relationship between the beneficiary of the aformentioned gift vouchers and Aquardens.

Object

The object of the contract between Aquardens and the Customer shall be the purchase of the above goods and services on the conditions set out below and at the fees applied according to the rates in force at the time.

• As regards access to the Thermal Park, the conclusion of the contract will take place at the moment of delivery of the Ticket and simultaneous payment of the price according to the current tariffs.

The payment of hourly or daily tickets, also through the use of Gift Cards, gives right of access to the facilities of the Thermal Park, with the exception of the Sauna area and Spa (Sauna Village and Spa Lounge), which can be accessed by paying a supplement according to the current price list, for beauty treatments and food and drinks at the refreshment points, hereinafter referred to as Refreshment Points.

The reception staff at the time of entry may request the Guest to present an identity document in order to verify its consistency and completeness with the data shown on the entry ticket (for example birthday promotions, admission of minors etc...).

Along with the Ticket the Customer is provided with an electronic bracelet that allows access to the turnstile and on which it is possible, inside the structure, to charge for drinks at the refreshment points and purchase products at the points of sale, pay for supplements for access to areas for which this is provided (Sauna Village, Spa Lounge), or for the rental of towels or bathrobes etc.

It is the customer's responsibility to verify that the drinks and supplies correspond to what is supplied and of the quantity indicated in the non-fiscal receipt issued at the refreshment point and charged on the bracelet. No disputes will be accepted when settling the amount due upon exit of the Thermal Park with issuance of the relevant tax receipt.

The electronic bracelet given to adults (over 14 years of age) at the entrance allows consumption up to a limit set according to the tariff in force at the time; the electronic bracelet dedicated to children under 14 years of age, however, provides the possibility of spending up to a reduced set limit according to the tariff in force at the time. In case of loss of the electronic bracelet, a penalty equal to the set limit will be due for payment.

The receipt relating to the payment of the Ticket will be issued at the reception, while the payment of the amount charged on the electronic bracelet will be settled upon the Customer's exit, at the same time as the new receipt is issued.

The Thermal Park is characterized by the variety of offerings with numerous pools of various sizes, usable internal and external areas. Therefore, the Customer acknowledges and accepts that in particular meteorological circumstances, for safety especially during long weekends and holidays or technical issues, Aquardens reserves the possibility to change the opening times of the Park and/or individual internal areas even to the extent of closing access, without any refund being due for doing so. Likewise, some areas may have limited access at events.

On high season, during weekends, or such as long weekends and public holidays, admissions are managed according to the capacity of the facility: they may be slowed down or temporarily suspended in order to guarantee the safety of Guests.
Furthermore, it is specified that the online purchase of the ticket does not constitute a reservation at the Park and therefore does not guarantee priority during access.

Only the consumption of food and drink purchased in the refreshment points dedicated to this purpose is permitted inside the Park. The reception staff may request the Customer to show the contents of bags, backpacks etc. in order to verify the absence of food and drink. Any refusal shall constitute grounds for refusal of entry as will any state of intoxication or impairment resulting from the intake of alcohol or other substances.

It is possible to temporarily leave the Thermal Park and return for personal needs (e.g. collection of objects left in the car) after purchasing the ticket, per person according to the rate in force at the time and displayed at the entrance. This possibility is not available during special events and during the "New Year's Eve" evening.

• Treatments may be purchased electronically on the Site or at the Massage & Beauty reception area, even during the Customer's stay in the Thermal Park, according to the availability and in any case subject to prior booking. It is permitted to cancel and/or modify the booking at least 24 hours before the scheduled date and time. In case of failure to cancel and punctual presentation of the Customer at the booked time, the service will still be considered provided and no refund and/or reduction will be due in case of delay and, therefore, if possible, of reduced performance of the service.

• The Products have the technical characteristics and methods of use indicated in the technical data sheets published on the Site, while the descriptions contained in catalogues or brochures are not binding being for illustrative purposes only. Once the purchase has been made, withdrawal will not be permitted, even in the case in which the Products and their packaging remain intact.

• The Gift Card, the holder of which will be issued a card, is a prepaid voucher of a predetermined amount and expiry date, spendable in one or more installments up to exhaustion of the amount or on the expiry date of the voucher shown on the gift envelope. The Gift Card is a non-nominative prepaid voucher to be used for the purchase of Treatments and Entrance Tickets. The Gift Card is not convertible into cash and does not entitle you to change or reimbursement in the event of theft or loss. The Gift Card is a credit instrument that will be taxed exclusively at moment of its use, for the purchase of Aquardens services/products (multi-purpose value voucher).

Applicable law – Competent court

The contract between Aquardens and the Customer is to be understood as stipulated and concluded in Italy and therefore regulated by Italian law. Any dispute with the Customer relating to the application, execution, interpretation and violation of the contract will be under the territorial jurisdiction of the judicial authority of the Court in which the buyer has his residence or domicile, if located in the territory of the Italian State. In all other cases (e.g. if the Customer has his own residence or domicile abroad), the territorial jurisdiction is exclusively that of the Court of Verona.

B) Conditions of sale regulating remote purchases via the electronic network through access to the Site 

These Conditions of Sale regulate in addition to and together with the previous General Conditions the purchase of goods and services by the Customer by accessing the virtual shop on the Site. By sending their purchase order electronically, the Customer reads and accepts it unconditionally, acknowledging it preliminarily with a specific online electronic confirmation from the Site before starting the procedures of their purchase and undertakes to observe in their dealings with Aquardens these Conditions of Sale which they also undertake to print and keep.

Stipulation of the contract – Prices

The order is a contractual proposal that Aquardens may or may not accept. In case of non-acceptance, for any given reason, Aquardens guarantees timely communication to the Customer by the appropriate means and will refund the amount paid.

By placing an order, the Customer declares:

• to be a consumer in accordance with the provisions of the art. 3 letter a) of the Consumer Code and, therefore, to be a natural person acting for purposes unrelated to entrepreneurial activity, commercial, artisanal or professional activity carried out;

• to be of legal age;

• that the data provided by the same for the execution of the contract is correct and truthful.

The contract stipulated between Aquardens and the Customer is considered concluded with the acceptance of the order by Aquardens itself and the dispatch of the ordered Vouchers to the email address or the Products to the place indicated by the Customer at the time of registration, or booking of the Treatment after payment of the fee. The Voucher shall be handed by the Customer to the reception of the Thermal Park at the time of request for use of the services.

The prices of tickets and spa services are indicated on the Site in euros, VAT included, and are those in in force at the time of conclusion of the contract.

Purchases made online at the indicated price preclude the possibility of receiving refunds against other concessions (e.g. agreements) in place.

The payment made by the Customer is in the nature of a price with regards to the Tickets and the booked treatments and of a security deposit for Gift Cards until access and/or provision of the service at Aquardens.

Provision of services - Validity of the Vouchers - Exclusion of reimbursement

Each Voucher reports its own period of validity and effectiveness which, in general, is 6 months extendable from the date of issue.

Once the term has expired, the Vouchers will become invalid and no refund will therefore be due.

Every purchase made:

- cannot be combined with other ongoing initiatives and promotions;

- may be subject to availability, limitations and/or changes in use. Any variations of use will be communicated to the customer, offering favorable conditions for access to areas of the Park which require a supplement.

The use of drinks, cocktails and/or beverages purchased on the site and/or included in the Promotions and, therefore, pre-loaded on the electronic bracelet upon entering the Park, shall only be possible by presenting the bracelet to the operator at the bar point and informing him/her in advance of the amount, pre-loaded on the bracelet, of the drink to be consumed.

Terms of payment

Payment for the Vouchers is made by the Customer with the relevant order.

Treatment Reservations - Cancellation Notice - Exclusion of Ticket Refunds

In the event that the Customer intends to cancel and/or modify his/her own appointment for a beauty treatment or massage, it is necessary to communicate the cancellation with 24 hours' notice of the date and time set for the provision of the service: otherwise, the fee will be due. Cancellation and/or modification can be requested by clicking here.

In the case of Tickets with validity referring to special days (e.g. New Year's Day/New Year's Eve, etc...) the Voucher will report exactly the event: after this event the Voucher will lose any validity and the Customer will not be entitled to any refund even if not used.

Right of withdrawal and cases of 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 of purchasing the Voucher or Product by filling out the appropriate online form or, alternatively, to the certified mail address aquardenscustomer@namirialpec.it, or via registered mail.

In the declaration it is necessary to clearly specify the Vouchers purchased and any Treatments already booked, the Customer's name and surname and telephone number. The valid and timely carrying out of the withdrawal involves the reimbursement of payments made by the Customer to Aquardens, no later than 30 days from the day of receipt of the withdrawal declaration and in case of purchase of Products from the date of their return, with their packaging perfectly intact.

The refund will be made in the same way as the purchase was made.

The right to withdraw pursuant to the Consumer Code is, however, excluded in the case of Tickets purchased with specific validity linked to a specific date or a specific event.

The model of a possible declaration of withdrawal is transcribed below.

“Dear

AQUARDENS S.P.A.

Via Valpolicella n. 63

37026 Santa Lucia di Pescantina (VR)

I the undersigned ………….. (name and surname), born in ………., on ……….., resident

in ………., Via …………………, hereby notify you of my withdrawal from the contract of sale of the following services

…….

(indicate the serial number of the Ticket or Gift Card) ordered on …..

Date ……..

Signature (if the withdrawal is sent in paper form)"

In the event of withdrawal from the purchase of Products, the return costs will be borne by the Customer.

Information and complaints

For any information or possible complaint AQUARDENS S.p.A. can be contacted at the contact details indicated in the "Contacts" point of the Site.

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 and the applicable law in force at the time. For 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 accordingly with electronic confirmation, prior to starting the purchase procedure.

Aquardens Limitations of Liability

Aquardens shall not be liable for any delays and/or failure to send the Vouchers due to incorrect information provided by the Customer.

In the event that the Voucher is not delivered, it is the Customer's responsibility to contact Aquardens here for the necessary investigations. If the Customer does not notify the non-delivery, the shipment is deemed to have been completed successfully.

On busy days, public entrances are handled in accordance with the capacity of the facility, also in order to ensure the safety of Guests. On such days, therefore, the Customer will not be guaranteed access to and use of the Securities, which may be used on other occasions within their period of validity.

Attachment

An integral part of these terms and conditions of sale are the Thermal Park Regulations attached hereto of which the Customer, by proceeding to the conclusion of the contract, declares to read and accept, undertaking to respect it.