Art. 1. Scope of application
For orders received by Tourinvest srl/GmbH - VILLA EDEN - The Private Retreat, with registered office at Via WInkel 68-70, 39012 Merano (BZ), and placed online via the homepage www.villa-eden.com/it/shop, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
The text of these General Terms and Conditions can be downloaded by the client onto his computer or printed out. VILLA EDEN - The Private Retreat does not recognise any deviating terms and conditions of the customer, unless the customer has expressly agreed to their validity in writing.
Art. 2 Conclusion of contract and right of withdrawal
Saranno applicati i prezzi delle merci pubblicati sul sito internet al momento dell’ordinazione, da effettuarsi mediante l’apposito modulo d’ordine.
Il contratto tra VILLA EDEN – The Private Retreat e il cliente si perfeziona con la conferma scritta da parte di VILLA EDEN – The Private Retreat della proposta d’acquisto del cliente. L’ordine del cliente dovrà pervenire mediante invio dell’apposito modulo d’ordine, compilato in ogni sua parte, messo a disposizione sul sito di VILLA EDEN – The Private Retreat (www.villa-eden.com/it/shop). VILLA EDEN – The Private Retreat accetterà l’ordine tramite l’invio di una conferma d’ordine via e-mail al cliente.
Only the order confirmation sent by VILLA EDEN – The Privat Retreat entitles the customer to the right of delivery.
According to art. 64 of the legislative decree 206/2005, the customer has the right to cancel the contract without any need to specify reasons and without penalties within 14 days after receiving the order. The cancellation has to be communicated by sending in a written document (registered mail or e-mail) to Tourinvest srl/GmbH - VILLA EDEN – The Privat Retreat, with legal seat in Via Winkel 68-70, 39012 Merano (BZ), info@villa-eden.com.
The postage expenses of orders to be returned are borne by the customer – the return has to be completed within 14 days.
The returned products have to be unused, intact and in its original packaging.
Right of withdrawal according to legislative decree 206/2005
2.1 The right of withdrawal is applied to the products listed in the legislative decree nr. 206 of the 6th September 2005.
2.2 The customer has the right to withdraw from the contract without penalties and without specifying the reason within 14 (fourteen) days after the delivery of the ordered products.
2.3 If the customer wants to exercise the right of withdrawal, this has to be notified to the trader through the withdrawal form in annex I, section B of the legislative decree nr. 21/2014 or present an unequivocal written declaration of withdrawal from the contract. The customer is charged for the burden of proof for exercising the right withdrawal. To exercise the right of withdrawal, the return of the ordered products, if undertaken within the abovementioned deadline and according to the procedures specified in art. 12, can replace the notice explained above. The post office date or carrier date is applied.
2.4 The product shall be returned without delay and, in any case, within 14 (fourteen) days from the date of when the withdrawal from the contract is communicated to the trader by the customer. A refund of the complete purchase price shall only be given if the returned goods are intact and in a condition that maintains its initial features and function.
2.5 The customer cannot exercise the right of withdrawal for products that are produced following the customer’s specification or clearly made for order, for products that cannot be returned by definition or that have a short-term expiry date.
2.6 To exercise the right of withdrawal following the regulations of this article, the customer is charged for the fees involved in returning the products.
2.7 In the case of a withdrawal, the customer is refunded for the payments that are already made, except for the additional costs that arise from a decision by the customer to choose a delivery mode other than the standard delivery offered by the trader. The refund is completed without delay and in any case within 14 days upon informing the trader of the intention to exercise the right of withdrawal. The trader may withhold the refund until the ordered goods have been received or until the customer provides evidence of having returned the products, unless the trader has offered to collect them.
The address for returning the goods is: VILLA EDEN – The Privat Retreat, Via Winkel 68-70, 39012 Merano (BZ), Italia.
2.8 The obligations for the two parties involved are terminated when the customer notifies the intention of exercising the right of withdrawal to the trader. The regulations of this article remain unchanged.
Explicit sunset clause
2.9 The obligations for the customer, presented in art. 9, are essential for this contract. Therefore it is explicitly agreed that the failure to fulfil even just one of these obligations, unless this is due to chance or force majeure, leads to the dissolution of the contract, according to art. 1456 of the Italian civil code, without the need for a judicial decision.
Notification
2.10 Communication between the trader and customer is preferably effected via e-mail to the corresponding e-mail addresses, which are regarded by both parties as a valid means of communication and, being acknowledged as electronic documents, can be utilized in court, except for the cases explicitly stated by the law.
2.11 Written communication addressed to the trader, as well as complaints, are valid only when sent to the address VILLA EDEN – The Privat Retreat, Via Winkel 68-70, 39012 Merano, BZ (Italy), VAT 01045130216, or email address: info@villa-eden.com or by telephone to T 0039 0473 236583
2.12 Both parties may change their email address for the abovementioned purposes, as long as this is communicated to the other contract party in keeping with the formalities stated in the previous paragraph.
Art. 3 Delivery
VILLA EDEN – The Privat Retreat delivers the purchased items available from stock to the address indicated by the customer in the order form within 5 – 7 working days after receiving the payment, unless differently agreed by the parties. Should the delivery date be postponed, this is immediately communicated to the customer.
Complete liability and risk regarding the order is transferred to the customer – for partial delivery as well – in the moment of delivery from the part of VILLA EDEN – The Privat Retreat or its representative, to the carrier.
Should the two parties establish no other delivery term in written form, VILLA EDEN – The Privat Retreat is obliged to deliver the ordered goods within 30 days from the order confirmation.
In order to avoid any delivery problems, the customer should make sure that someone collects the delivery in the times indicated on the delivery address
Art. 4 Delivery charges
VILLA EDEN – The Privat Retreat delivers exclusively within European territory, by means of specially indicated carriers.
Transport costs for spa products for countries of the European Union: Euro 15,00 per order. For a purchase worth more than Euro 100.00 with delivery within the EU, no shipping costs will be charged.
Upon request from the customer, VILLA EDEN – The Privat Retreat communicates the shipping costs for deliveries in non-EU countries, preserving the unappealable right to reject such purchase requests without the need to specify the reasons for it.
Art. 5 Expiry date and payment
The purchase price is due to with the order confirmation. The price in effect in the moment of order is applied.
Payment can be completed with the following options:
- CREDIT CARD
VILLA EDEN – The Privat Retreat accepts credit card payments by Visa and Mastercard. Credit card details are shown on the website when ordering. The details are directly transferred to our server through a protected connection (SSL encryption with 128 bit). Immediately after the transaction, the data is automatically cancelled from the server. With this method we can guarantee maximal security. Credit card details can be communicated also by telephone. - PAYPAL
PayPal is an online payment service allowing fast, simple and safe payments. The account data is stored on your personal PayPal account and the registration is completed only through PayPal. We are immediately informed of the confirmation of the payment, ensuring a fast processing of your order. For further information visit www.paypal.it. - BANK TRANSFER
Should you wish to pay for your order in advance, we ask you to transfer the total amount after completing the order on the following account:
Account name: VILLA EDEN – The Privat Retreat
Cassa Raiffeisen di Tirolo
IT 45 U 08278 58590 000301202260
Art. 6 Warranty and liability
The product images may differ from the appearance of the delivered goods.
For faulty products sent by VILLA EDEN – The Privat Retreat within the EU, VILLA EDEN – The Privat Retreat is liable following the regulations for the purchase of consumer goods (legislative decree 206/2005).
VILLA EDEN – The Privat Retreat is responsible only for damages caused by the use of the product in spite of following the instructions.
Art. 7 Data protection
According to the provisions of art.13 of the legislative decree 196/03 (Italian privacy code), the customer declares to be fully informed with reference to the data processing mode and its purpose as well as to the customer’s rights following art.7 of the legislative decree 196/03 and subsequent modifications (https://www.villa-eden.com/en/privacy/).
With a click on the box at the bottom of the general terms and conditions of sale, the customer declares to have taken notice and acknowledged the information above and agrees to the processing of personal information by VILLA EDEN – The Privat Retreat as previously stated, following the provisions of art. 23.
Art. 8 Applicable law and legal domicile
The Provincial Court of Bolzano has the legal domicile.
The contractual relationships are subjected exclusively to Italian legislation.