THESE TERMS AND CONDITIONS HAVE BEEN UPDATED THE LAST TIME ON FEBRUARY 1, 2013.
IMPORTANT:
Read these Terms and Conditions carefully as they form a legally binding contract between the customer and Alessanderx Spa, Subject to the Management and Coordination of DanFoam APS, C.F. 01246380461 and VAT number 01729090975, REA PO / 465133 - Aut.Comm.Elettr. Prato 07/16/2009 Prot. 2009/0091826, Share Capital € 375,000 (i.v.), based in Prato, Via S. Leonardo da Porto Maurizio, 24/26/28. Those who do not accept these Terms and Conditions are asked not to access the Website and not to use it and not to place orders through the Website.
INTRODUCTION
1.1 These Terms and Conditions apply to all orders placed through the relaxsan.com Website. By clicking on the "CONTINUE" button on the Website to accept these Terms and Conditions and our Privacy Policy and placing an order through our Website, the customer / user agrees to be bound by these Terms and Conditions and by the relevant Rules on privacy and to enter into a contract with Alessanderx Spa, a company registered in the business register of Prato (Italy), with a REA registration number PO / 465133 and registered office in Prato, S. Leonardo da Porto Maurizio, 24/26/28. If you do not accept these Terms and Conditions and / or the Privacy Policy by not clicking on the "CONTINUE" button, you will not be able to place orders through our Website.
1.2 These Terms and Conditions and / or the Privacy Policy can be updated or modified at any time, in which case the updated / modified version will be published on the Website. All amendments will not affect any orders already made through the Website and, in all other circumstances, will take effect upon their publication. We recommend that you visit the Website regularly to view the most up-to-date Terms and Conditions and / or the Privacy Policy.
1.3 For the purposes of these Terms and Conditions:
"Terms and Conditions" means these terms and conditions and subsequent amendments made from time to time in accordance with Clause 1.2 of which. above and to all other policies, guidelines, regulations and / or other terms and conditions that may be published, from time to time, on the Website or otherwise communicated to the customer / user;
"Website" means the website currently available at www.relaxsan.com and / or any other domain name that should subsequently replace it
"we", "us" and the like indicate Alessanderx Spa and "our" with all its declinations will be interpreted accordingly.
"Consumer" means any customer natural person, adult or otherwise capable of acting in accordance with the law, who carries out an order for purposes unrelated to the entrepreneurial, commercial, craft or professional activity eventually carried out subject to the legislation referred to in Legislative Decree n. 206/2005, while "professional" means any customer, natural person (adult or otherwise capable of acting pursuant to law) or legal, who makes a purchase order in the exercise of his business, commercial, craft or professional activity.
1.4 In the event of a conflict between these Terms and Conditions and the Privacy Policy or any other policies, guidelines, regulations and / or other terms and conditions, these Terms and Conditions shall prevail within the limits of such conflict.
1.5 Once the online purchase procedure is concluded, the customer will be invited to view and accept these Terms and Conditions, as well as to print or save an electronic copy and in any case keep these Terms and Conditions and, if the customer is a consumer, also in compliance with the provisions of articles 52 and 53 of Legislative Decree no. 206/2005 ("Consumer Code").
LICENZA
2.1 Given that the customer / user fully complies with these Terms and Conditions, we and / or our licensors grant access and the ability to view the content and information provided or made available on or through the Website, including, by way of example, texts, images and videos (the "Content"), exclusively for personal and non-commercial use, unless written agreement between us and the customer / user.
2.2 It is forbidden for the customer / user, without our prior written authorization, to print, download, copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, show or make available, alter, adapt, manipulate, create derivative works from or counterfeit, by any means and in any way, any portion of the Content or treat the Content in a manner not expressly permitted by these Terms and Conditions.
2.3 All intellectual property rights and other rights in the Content are the exclusive property of us or our licensors. The customer / user agrees and acknowledges that he will not acquire any ownership rights in the Content and that changing any portion of the Content or its use for purposes not expressly permitted by these Terms and Conditions could result in a violation of copyright and / or owned by us or others.
2.4 All rights not expressly granted in these Terms and Conditions are reserved.
2.5 We do not accept or consider creative materials, ideas or suggestions other than those specifically requested by us. This is to avoid misunderstandings where the proposer's ideas were similar to those we developed independently. If any communication or material is sent by e-mail or otherwise, the sender implicitly grants us and our affiliates a perpetual, global, copyright-free and irrevocable license to use such communications or material in any way we consider appropriate , including the granting of sub-licenses to third parties. The customer / user agrees that we and our affiliates are free to use ideas, concepts, specific knowledge or technical notions contained in the communications or materials sent to us for any purpose, including without limitation the development, production and marketing of products using such information .
SERVICE ACCESS
3.1 Our Website is normally available 24 hours a day. Despite our efforts, access to the Website may be suspended temporarily and without notice for any reason at our discretion, including, without limitation, the case of a failure of system, maintenance or repair or for reasons beyond our control. We will not be liable to the customer or third parties if, for any reason, the Website is not available at a given time or for a specific period.
3.2 We reserve the right to modify or withdraw the Website (or part of it) with or without notice, temporarily or permanently, and we decline any responsibility towards the customer / user or third parties for such modification or withdrawal.
USE OF THE WEBSITE
4.1 The customer / user agrees not to use the Website for the publication or transmission of materials of any kind that are illegal, harmful, intimidating, offensive, harassing, defamatory, vulgar, obscene, in violation of our and / or third party rights and / or questionable from a racial, ethnic or otherwise standpoint.
4.2 The customer / user agrees not to:
4.2.1 upload or try to upload to the Website or otherwise transmit to us files containing viruses, "Trojan horses", worms, cancelbots, corrupt files, other similarly destructive programs or otherwise in any way damage, disable or compromise the operation of the Website or our business or try to do the above; or
4.2.2 obtain or try to gain unauthorized access to the Website, connected networks or Content, by any means, even using piracy, counterfeiting or attempting to circumvent or overcome firewalls or other technological functions or protections or security measures.
4.3 We will fully cooperate with law enforcement agencies and comply with court orders that require or solicit us to disclose the identity or identify individuals suspected of a crime in connection with the use of the Website.
CUSTOMER DATA
5. Without prejudice to what is also indicated in the Privacy Policy, the customer is responsible for the accuracy and completeness of the personal data that he provides at the time the account is created, as per article 6 below, or subsequently and guarantees that these data are accurate and complete under every point of view. It also accepts and undertakes to communicate any changes to such data, which are accessible and updatable through the registered account. It is understood that any damage / delay / inconvenience attributable and / or attributable to the incorrect and / or untruthfulness of the personal data entered at the time of account creation and / or subsequently modified may in no case be charged to Alessanderx Spa.
ACCOUNT AND PASSWORD
6.1 Access to certain features of the Website and / or the possibility of placing an order are bound to the registration and creation of an account by the customer. To this end it is necessary to create a password, to communicate personal data such as the name and e-mail address and other information (such as, for example, the tax code, the VAT number, the address of delivery of the ordered products and, where different, the billing one, as well as a telephone number) that may be requested during the registration process and the acceptance of the processing of such personal data in accordance with our Privacy Policy as well as in any case being order forwarding. As already communicated above, those who do not accept the terms and conditions of our Privacy Policy should not use the Website or create an account.
6.2 The customer is responsible for the security and confidentiality of his / her password and other access data of his / her account. The customer accepts all responsibility for all activities generated in his account. If you have reason to suspect that your password has become known to someone else and / or that your account has been or can be used without your permission, the customer must contact us immediately. We decline any responsibility for losses or damages deriving from the user's failure to comply with the obligation to protect the password and / or other access data to his account.
6.3 Within his account, by entering his credentials, the customer can forward the order, consult the history of his purchases or orders, modify the registration data entered and / or communicate a different delivery address and / or billing than to the one (s) indicated during registration.
OTHER WEBSITE LINKS
Links to third party sites are provided solely for the user's convenience. By opening these links, the user leaves our website. These websites have not been viewed by us, are not controlled by us and we are not responsible for them, their content or their availability. We do not endorse or offer any guarantees regarding these sites, the material contained in them or other results that may derive from their use. Those who decide to access third-party websites linked to the Website via links, do so at their own risk. These websites may have their own terms and conditions and privacy policies that the user should view before using them.
PRODUCT INFORMATION - DISCLAIMER OF LIABILITY
8.1 We do our best to ensure that the information contained on our Website is accurate, complete and up to date. However, it is not possible to offer guarantees in this regard. We may, at any time and without notice, make changes to the Website and / or the products and / or prices reported and made available on the Website.
8.2 The Customer will be able to purchase on the Website only the products present in the electronic catalog published on the same Website and as described in the relative product sheets which can be viewed there. The illustrations, photographs and information such as the weight, size and description of the items presented on the Website are intended solely as a general guide to our products. While doing our best to ensure that our guide is useful and accurate, for factors such as small inventory changes, continuous product development and even computer technology and user monitor resolution, actual products may be slightly different than to illustrations, photographs, weight, dimensions, and / or descriptions on the Website. The customer acknowledges and agrees that no guarantee is offered regarding the exact correspondence of our products with this guide and it is possible that there are variations. Furthermore, the customer will not be able to make any exceptions against Alessanderx Spa, in the event that the package of the delivered product does not coincide with the image of the product shown on the Website as regards color / shape / size. We reserve the right to modify the product packaging at any time.
ORDERS
9.1 The information contained on the Website is not binding and does not constitute offers to the public pursuant to Article 1336 of the Civil Code.
9.2 In order to proceed with the purchase, the customer must be of age and / or capable of acting in accordance with the law and must carry out and complete the specific registration procedure by filling in the forms on the Website, taking care to correctly enter their data personal data as required in the electronic registration forms. Inside the customer area, by entering their credentials, the customer can place the order, consult the history of their orders, change the registration data entered and / or communicate a delivery address and / or billing different from that / i indicated during registration. The order constitutes a binding offer to purchase the ordered product (s) from us, but is not binding on us until we formally accept it in accordance with the following clause 9.6
9.3 To proceed with the purchase and once entered into his account by entering his authentication credentials or completing the procedure for creating his own account, he must select the product, specifying the desired quantity and add it to the cart. Subsequently, a screen will appear in which the customer can view the summary of the order with an indication of the products selected, the relative quantity requested and the purchase price of both each product and the order as a whole. By clicking on the "Proceed" button, the Customer will formulate a proposal based on these Terms and Conditions concerning the purchase of the products contained and summarized in the appropriate area of the account. By typing, therefore, the "Cashier" button, a screen will appear in which the customer will have to enter his billing information and the credit card data to be used for payment. If you place an order, we will first confirm the correct receipt. However, this first confirmation does not constitute acceptance.
9.4 Before formally accepting the order, we will check the presence of the products in stock and the availability of funds to make the payment.
9.5 Then, we will acquire the payment from the debit card or credit card, or with another form of electronic transfer, using the payment information provided at the time of order execution. After receiving the available funds and confirming stock availability, and otherwise confirming that the details of the transaction (including but not limited to the description and price of the goods) are correct in all respects, we will organize the delivery of the products to the indicated address. The receipt of the order will be confirmed by us by e-mail sent to the e-mail address communicated by the customer during the creation of the account and registration on the Website (unless the customer has an e-mail address, in the in which case the confirmation will be by traditional mail). This confirmation message will contain the date and time of receipt of the order, shipping address, a summary of these Terms and Conditions, information on the essential characteristics of the products subject to the order made with detailed indication of the purchase price of the products themselves and any shipping and delivery costs. The customer undertakes to verify its correctness and to promptly communicate any errors and / or inconsistencies, according to the methods described in the message itself.
9.6 We will formally accept the order by delivering the products or by first sending a communication confirming that the products have been shipped and we will also provide the estimated date and / or delivery time. The contract for the sale of goods becomes binding for us at the time of this formal acceptance.
9.7 Communications such as confirmation of the order (referred to in clause 9.3 above) or confirmation of shipment of the product (referred to in clause 9.6 above) will normally be sent by e-mail to the e-mail address provided at the time of sending the order. If the order has been sent by telephone and you do not have an email address, we will send these communications by post. In some cases, we may need to call to confirm delivery details.
9.8 We will take reasonable care, as far as we can, to keep the order data and the details of the customer cards secure. However, unless there is malice or gross negligence on our part, we decline any responsibility for damages suffered by the customer or third parties due to unauthorized access by third parties to the customer's account while accessing the Website or undergoing completion of the order.
9.9 Without prejudice to the provisions of the articles below, the order sent by the customer and confirmed by us as provided in paragraph 9.6 above, will be processed within a maximum period of 30 days starting from the day following the day of transmission of the order by the same. of the customer.
PRICES
10.1 The prices of the products are shown on the Website and are those, from time to time, summarized in its amount, individual (by product) and overall (in the order), in the appropriate area of the Website at the time of forwarding of the 'order. In any case, we reserve the right to change the prices of the products sold through the Website at any time, it being understood that such changes will not have any effect on the price applied to the products at the time of placing the order.
10.2 It is possible to apply an extra-cost to cover shipping costs and this will be shown separately in the section of the Website intended for finalizing the order and for payment.
10.3 Unless otherwise specified, all product prices on the Website are inclusive of VAT. On the pages of the Website's products, product prices do not include shipping costs, which are added, if provided, including VAT, in the shopping cart and in the order finalization section on the Website.
10.4 Those who qualify and wish to benefit from VAT exemption or reduced VAT must contact Alessanderx Spa Customer Care directly before ordering, to the telephone number or email address indicated on the Website.
NOT ACCEPT ORDERS FROM OUR PART
11.1 It is our right to refuse to accept or process orders at our absolute discretion, including without limitation the cases in which:
11.1.1 there is an error regarding the price or the description of the product at the time of the order that is obvious and unequivocal and that can reasonably be recognized as a price anomaly;
11.1.2 the commitment of the amount corresponding to the purchase price of the products and / or the payment is denied;
11.1.3 we do not have sufficient stock to deliver the ordered product;
11.1.4 we do not deliver to the area where the address indicated by the customer for delivery is located;
11.1.5 it is not possible or feasible to deliver or have doubts regarding the correctness of the delivery address provided by the customer; and / or
11.1.6 the product that the customer tries to order is not available for sale through the Website.
11.2 If we refuse to accept an order in accordance with this Clause 11, we will have no obligation to the customer to offer a refund for loss or inconvenience suffered, provided that we do not proceed to debit the customer's credit card with the amount - up to this moment only committed - corresponding to the price of the products (and any delivery costs) subject to the order.
PAYMENT
12.1 We accept payments by PayPal both by registered user and by Credit Card, Bank Transfer.
12.2 At the same time as the order is forwarded by the customer and after verifying the validity of the credit card data entered, the reference bank will authorize only the commitment for an amount equal to the amount of the purchase price indicated in the order summary before it is forwarded. The amount relating to the price of the products (and any delivery / shipping charges) will be effectively charged to the customer's credit card only when the order confirmation email referred to in paragraph 9.6 above is sent.
12.3 All payment transactions may be subject to validation and authorization by the card issuer and service provider and / or ours (and we may use third party service providers to perform such authorization, in accordance with our Privacy Policy). If the payment service provider / card issuer refuses to authorize the amount / payment commitment, we decline any responsibility for delays or non-acceptance of orders placed by the customer.
12.4 If for any reason the payment is refused after delivery of any product, it is our right to request payment from the customer or to recover the product or products in question and charge the customer with the costs incurred by us for the recovery of the product (s) of the missing payment portion.
12.5 We do not offer credit lines for products purchased from us. However, we can inform the customer about credit facilities that can be made available by third-party suppliers. For more information, please contact us using the contact details on the Website.
12.6 Full possession and ownership of the ordered product (s) at our premises will remain ours and will not be transferred to the customer until receipt of payment of the full purchase price for this product (s).
DELIVERY
13.1 We are able to make deliveries exclusively in the Italian territory. If deliveries are not made to a specific location and a customer wishes to order and collect one or more products, we invite them to the addresses indicated on the Website.
13.2 The delivery to the Customer of the Products covered by the Order will be carried out by a specially appointed courier. The communication to the Customer of the courier in charge of the delivery will be made in the manner provided for on the Website.
13.3 Deliveries are made from Monday to Friday (excluding holidays), according to the shipping method chosen by the latter when completing the order. At the time of delivery of the product at the address indicated by the customer, at least one adult must be present. Once the order has been submitted, it may no longer be possible to change the delivery address. To discuss any changes to the delivery address after placing the order, we invite the customer to contact us promptly at the addresses indicated on the Website
13.4 Without prejudice to what is specified in paragraph 9.9 above, the estimated date of delivery of the product depends on the location where the delivery is to be made. While we make every effort to ensure that the products are delivered on the estimated delivery date, this date is intended to be purely indicative and we cannot guarantee that the delivery will actually take place by the estimated date.
13.5 The customer must inform us, by contacting us at the addresses indicated on the Website, by the estimated date for delivery, if there are special circumstances that may be relevant to the delivery of the order, including, without limitation, factors that affect and may make it difficult 'access to the delivery address (eg low bridges, narrow alleys, etc.) and / or its premises (eg small doors, narrow passageways, steps, etc.). We therefore invite you to take these factors into consideration when placing your order and to notify us by contacting the addresses indicated on the Website.
13.6 Delivery costs are those indicated during the ordering procedure and summarized in the order confirmation email. However, the customer may have to pay higher delivery costs if:
13.6.1 we are unable to make a delivery because at the address and on the date of delivery there is not at least one adult to accept the product;
13.6.2 the customer changes the delivery address after the product has been shipped
13.6.3 the customer fails to notify us, in accordance with paragraph 13.5 above, of any special circumstances that may affect the delivery of the products.
13.7 Whilst we make every effort, we cannot guarantee that we will be able to assist the customer with the following points and we reserve the right to refuse, at our sole discretion, to:
13.7.1 remove any furniture already at the delivery address (such request being at the customer's sole risk and expense)
13.7.2 deliver the product to a specific location on the premises of the address provided by the customer.
13.8 Without prejudice to the provisions of paragraph 12.6, once we have delivered the product to the customer, all risks relating to it shall be transferred to the customer, who shall be solely responsible for insuring it and for its safety.
13.9 Finally, it is not our responsibility to take away or dispose of any furniture already in use at the customer's premises (including, without limitation, any existing mattresses).
13.10 Upon delivery by the carrier of the purchased product, the customer is required to check:
(i) that the number of packages delivered corresponds to the items ordered/indicated in the transport document anticipated by e-mail, and
(ii) that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or to the product or any discrepancy in the number of packages or indications must be immediately contested by the customer, by placing a written reservation to check the goods (specifying the reason for the reservation, e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery. Once the courier's document has been signed by the Customer; no objections may be raised by the latter regarding the external characteristics of the goods delivered.
13.11 For each order placed on the Website, we will issue an invoice for the products that form the subject matter of the order confirmed by us, sending a copy of the invoice either by e-mail to the registered e-mail address or together with the package containing the products. The invoice will be compiled and issued based on the information and data provided by the customer at the time of registration or placing the order. Unless otherwise specified in these Terms and Conditions, once the order has been placed, it will not be possible to make any changes to the data entered therein.
USE OF THE PRODUCTS
14.1 The customer agrees to use the products exclusively for their normal and proper use and not to alter or modify them or tamper with them in any way.
14.2 The customer agrees to follow the manufacturer's instructions supplied with the products and not to use the products carelessly or negligently.
