Terms and Conditions
General terms and conditions of sale of Aquardens S.p.a.
By sending in his/her purchase order electronically via website https://aquardens.it/eshop (hereinafter, the “Site”), the virtual store user (hereinafter, the “Customer”) acknowledges and unconditionally accepts, by acknowledging them in advance by submitting a specific online confirmation via the Site prior to starting the procedures for his/her purchase, and undertakes to comply with, in his/her relationships with company AQUARDENS S.p.A., with registered office in 37026 Santa Lucia di Pescantina (VR), Via Valpolicella no. 63 (hereinafter Aquardens), these general terms and conditions of sale (hereinafter, the “General Conditions”), which the Customer also undertakes to print and keep.
For all matters not provided for herein, each purchase transaction shall be governed by the applicable provisions set out in Italian Legislative Decree No. 206 of 6 June 2005 (the ""Consumer Code"") and, as regards the protection of confidentiality, shall be subject to the regulations provided for in Regulation (EU) no. 679/2016.
These General Conditions regulate the purchase of spa services by consumers, conducted remotely via a computer network by accessing the Site.
In particular, the purchase shall be for admission tickets to the spa (hereinafter, the ""Tickets"") and/or gift vouchers (hereinafter referred to as the ""Gift Cards"" and, jointly with the Tickets, referred to indifferently as the ""Titles"") of a pre-established value, to be used at the spa in payment for the services listed on the Site.
2. Signing the contract - Prices
An order is a contractual proposal which Aquardens may, or may not, accept. If an order is not accepted, whatever the reason, Aquardens guarantees prompt notification to the Customer by appropriate means and shall refund the amount paid.
By placing an order, the Customer declares that:
- he/she is a consumer pursuant to art. 3 letter a) of the Consumer Code and hence is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity performed;
- he/she is of legal age;
- the data provided by him/her for the signing of the contract are accurate and truthful.
The contract between Aquardens and the buyer shall be deemed to have been finalised upon acceptance of the order by Aquardens and the sending of the Titles ordered to the e-mail address indicated by the Customer at the time of registration. The Title must be handed over by the Customer - or, in the case of a Gift Card, by the Beneficiary - to the reception desk of the Thermal Park at the time of the request to use the services.
The prices of admission tickets and spa services are listed on the Site in euros, VAT included, and are those in force at the time of purchase.
Purchases made online at the prices specified preclude the possibility of receiving refunds arising from other facilities (agreements and/or discount vouchers).
The payment made by a Customer has the nature of a price paid for admission tickets, services booked and a security deposit for Gift Cards until the service has been provided at Aquardens.
3. Providing the services – Effectiveness of the Titles - Expiration of refunds
Every Title bears its period of validity and effectiveness, which, as a general rule, is six months of the date of issuing for Tickets and Gift Cards.
Once the term specified has expired, the right to use the services is forfeited. No reimbursement is due for services not used within the established deadline.
Every purchase made:
- cannot be accumulated with other initiatives and promotions underway;
- may be subject to availability, limitations and/or changes in use. Any change in use shall be notified to the Customer, offering favourable conditions for access to areas of the Park that require a surcharge. In the case of Tickets that are valid on special days (e.g., New Year's Eve), the Ticket will indicate the details of the event: once the event has occurred, the Ticket will lose its validity and the Customer will not be entitled to a refund even if the Ticket has not been used.
4. Payment conditions
The payment of the Titles is made by the Customer with the relative orders.
5. Reservations - Advance Notice of Cancellation - Exclusion of Refunds
In the event that the Client or Beneficiary intends to cancel and/or change their appointment, they must give 24 hours' notice of the cancellation prior to the date set for the service: failing this, the fee shall still be due.
Cancellations and/or changes can be requested by clicking here.
Similarly, there is no refund in the case of Tickets purchased with a validity tied to a specific date or a specific event if the Customer/Beneficiary fails to access the Park on the date indicated or on the date on which the event took place.
6. Right of withdrawal - Exclusion
Pursuant to the Consumer Code, a Customer has the right to withdraw without penalty and without having to specify the reason why within 14 working days from the purchase of the Title by filling in the appropriate form online or, alternatively, by certified mail at email@example.com, or by registered mail.
The declaration must clearly specify the Titles purchased and any services booked, the Customer's first and last name and his/her telephone number. A valid and timely withdrawal shall entail the reimbursement of the payments made by the Customer in favour of Aquardens within 30 days of the day of receipt of the declaration of withdrawal.
The refund will be made the same way as the purchase, within 30 days of the date of the request.
The right to withdraw under the Consumer Code is excluded in the case of Tickets purchased with a validity tied to a specific date or a specific event.
A model of a possible declaration of withdrawal is shown below .
Via Valpolicella no. 63
37026 Santa Lucia di Pescantina (VR)
I, the undersigned ..............(name and surname), born in .........., on ........... , residing at .........., Via ....................., hereby notify you of my withdrawal from the sale contract for the following services .......
(indicate the serial number of the Ticket or Gift Card) ordered on .....
Signature (if the withdrawal is sent in paper form)”
7. Information and complaints
For any information or possible claims, AQUARDENS S.p.A. can be contacted at the addressed listed in the “Contact” section of the Site.
8. Protection of personal data
The Customer consents to the processing by Aquardens of the data provided at the time of the order in accordance with Regulation (EU) no. 679/2016. For the policies and procedures regarding the protection of personal data please refer to the relevant information on the Site, which the Customer must read and acknowledge with a specific online confirmation prior to starting the purchase procedure.
9. Limitation of Aquardens' Liability
Aquardens shall not be liable for any delay and/or non-delivery of Titles due to a Customer having provided incorrect information.
If a Title is not delivered, it is the Customer's responsibility to contact Aquardens at 04567067 for the necessary investigation. If a Customer does not notify the non-delivery, the shipment shall be deemed to have been successfully completed.
Aquardens is characterised by the wide range of spa services offered thanks to numerous pools of various sizes and its many usable indoor and outdoor areas.
Therefore, the Customer and the Beneficiary acknowledge and accept that in special weather, security or technical circumstances, Aquardens reserves the right to change the service hours of the Park and/or of individual indoor areas, even to the extent of closing access to them without providing any refund.
10. Applicable law - Jurisdiction
The remote sales contract between Aquardens S.p.A. and the Customer must be construed as entered into and finalised in Italy and therefore is regulated by Italian law. If the Customer is a consumer, any civil dispute relating to the application, performance, interpretation and breach of the remote sales contract shall come under the territorial jurisdiction of the judicial authority of the court where the purchaser has his/her 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 contract shall come under the exclusive jurisdiction of the Court of Verona.
Pursuant to Article 1341 of the Italian Civil Code, the clauses set forth in Paragraphs 3 (Effectiveness of the Titles - Expiration of refunds), 5 (Exclusion of Refunds), 6 (Right of withdrawal - Exclusion), 9 (Limitation of Aquardens' Liability), 10 (Applicable law - Jurisdiction) of these General Terms and Conditions are expressly accepted.