General Terms and Conditions of Sale

These General Terms and Conditions of Sale (GTCS) are valid between Terme e Grandi Alberghi Sirmione S.p.A. (hereinafter Terme di Sirmione S.p.A.), with registered office in Sirmione (BS), Piazza Virgilio n. 1, P.Iva 00548290980, Cod. Fisc. 00279830178 and enrolled in the register of companies n. 00279830178, and any person hereinafter referred to as “customer” or “consumer”, who makes purchases online through the site “www.termedisirmione.com” (hereinafter Store online/site).

All purchases of products made through the site by users accessing it are governed by these General Terms and Conditions as well as by the Italian Consumer Code D.lgs. no. 206/2005 and subsequent amendments, and by the Italian regulations on e-commerce (D.lgs. 70/2003).

Purchases for companies
For purchases made by a legal entity for business purposes, please contact the relevant department by e-mail at sales@termedisirmione.com to find out about the business terms reserved for companies.

1. Premises

It is possible to purchase products by connecting to the Internet site “www.termedisirmione.com”.
In order to make purchases through the online store, the customer must be of legal age (18 years) and have the capacity to act.
The website www.termedisirmione.com is owned by Terme e Grandi Alberghi Sirmione S.p.A. (also referred to hereinafter as “Terme di Sirmione S.p.A.”), owner of the rights on the domain name of the online Store, of the logos and trademarks related to the products present, as well as the copyright on the contents of the same.
Terme di Sirmione S.p.A. reserves the right to modify these General Terms and Conditions of Sale at any time, at its own discretion, without the need to provide any prior notice to users of the site.

These General Terms and Conditions may be modified at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site in the “General Terms and Conditions of Sale” section accessible via the link of the same name in the footer of the Site. Users are therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

These General Terms and Conditions of Sale do not regulate the sale of products by subjects other than Terme di Sirmione that may be present on the Site through links, banners or other hypertext links.

Before carrying out commercial transactions with such subjects it is necessary to check their terms and conditions of sale. Terme di Sirmione is not responsible for the provision of services and/or sale of products by such subjects. On the websites that can be consulted through these links, Terme di Sirmione does not carry out any control and/or monitoring. Terme di Sirmione is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law on their part.

2. Purchase procedure

It is possible to access the site, select the articles of interest and complete a purchase order even without registering by performing all operations in guest mode.

The order shall only be considered as such once payment has been made (see point 6). If you log in with a personal account, if the purchase is not completed, the articles selected and saved will remain available for possible subsequent payment. If you log in as a guest, the order must be entered again.

By submitting the purchase order, the customer accepts the General Terms and Conditions of Sale on the site at the time of purchase.

Before proceeding to payment, the customer declares that he/she has carefully read these General Terms and Conditions of Sale and the articles on the right of withdrawal. Furthermore, the customer is required to identify and correct any errors in entering his or her data before proceeding with the purchase.

2a. Shipping Information
Ordered goods are delivered directly to the ‘shipping’ address specified by the customer.

Delivery normally takes 3-4 working days after receipt of the order; in any case, the goods will be delivered within a maximum of 30 days after receipt of the order.

During the holiday period, we do not guarantee standard delivery times.

3.Site Registration

Registration on the Site is free of charge. To register on the Site, the user must fill in the appropriate form, entering his name, surname, an e-mail address and a password. Registration will be confirmed to the user by e-mail.

Registration on the Site, through the opening of a personal account, enables the registered user to:

– manage his personal data and update them at any time
– save and modify their addresses
– access all information relating to orders and possible returns
– access after-sales services

Each user may only use one registration on the Site. It is therefore forbidden for the user to create several accounts referring to the same person, natural or legal, company and/or entity of any kind, even through the use of data corresponding to the truth.

The user warrants that the personal data provided to Terme di Sirmione during the registration procedure and/or during the purchase and/or at any other time, are complete, truthful and refer to the user himself and undertakes to hold Terme di Sirmione harmless and indemnified from any damage, indemnity obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the guarantees set forth in this article and/or the violation of the rules on the registration to the Site, the purchase on the Site and/or the preservation of the registration credentials.

4. Products

Each Product is accompanied by an information page illustrating its main characteristics (“Product Page”). The availability of the Products is continuously monitored and updated. However, since the Site may be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be out of stock and it will be necessary to wait for restocking.

The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colours of the Products and their packaging, however, may differ from the real ones due to the settings of the computer systems or computers used by users to view them. Furthermore, the Product images in the Product Page may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and within the tolerances of use.

All product prices are indicated on the website and are inclusive of V.A.T. The Products available on the website can only be purchased on the Italian territory and the relative prices are valid for Italy.
The prices, the products for sale on the site and their characteristics are subject to change without notice.
In the event that a Product is offered on the Site at a discounted price, the full reference price against which the discount is calculated will be indicated.

5. Legal guarantee of conformity and commercial guarantees for consumer goods

Terme di Sirmione guarantees its products in accordance with art. 128 et seq. of the Consumer Code and is liable for conformity defects of products within two years from delivery.
In order to enforce the legal guarantee of conformity, the defect of conformity must be notified within two months of its discovery by writing to thermalcosmetics@termedisirmione.com

6. Payments

The Customer may choose exclusively between the following means of payment:

– by credit card: all major credit cards are accepted (Visa, MasterCard, Maestro, Postepay, Amex…)
– by Pay Pal system
– Apple Pay
– Google Pay
– with Gift card
– mixed between credit card/PayPal and Gift Card (in case the Total Amount Due is higher than the value of the Gift Card)

In the case of payment by credit card the customer will be transferred to a protected site and the credit card details will be communicated directly to the Banking Institute that deals with payments on behalf of Terme di Sirmione.

The registered user may request the issue of an invoice, only at the same time as the order and not at a later stage, by selecting the appropriate box during the purchase process and filling in the form made available to him. For the invoice to be issued, the information provided by the user through the appropriate form and which the user guarantees to be true shall be taken as the basis. The user undertakes to hold Terme di Sirmione harmless and indemnified from any damage, obligation to pay compensation and/or sanctions that may arise and/or be imposed on the same in the event that such information is not accurate or does not correspond to the truth. No changes in the invoice shall be possible after the invoice has been issued. A courtesy copy of the invoice will be forwarded to the e-mail address indicated by the customer in the appropriate form, forwarded to the Interchange System.

7. Right of withdrawal

According to Articles 52 et seq. of the Consumer Code, the consumer has the right to withdraw from the contract for the purchase of the Product without having to provide any reasons and without having to bear any costs other than those provided for in Articles 13.6 and 13.9 below, within a period of fourteen calendar days (‘Withdrawal Period’).
The Withdrawal Period expires after 14 days.
Please note that in the event that the order is for a kit of pieces (“Kit”) or a boxed set containing several pieces (“Boxed Set”), the Product consists of the Kit and/or the Boxed Set as a whole, as the packaging of the Kit or Boxed Set contains information that is compulsory by law, such as the lot number and the INCI (INCI means “International Nomenclature of Cosmetic Ingredients”, i.e. the indication of the ingredients of the product).It follows that the right of withdrawal may only be exercised in relation to the entire Kit and/or Box and not in relation to individual pieces contained therein.

In order to exercise the right of withdrawal, the user must use the withdrawal form made available on the Website at the link (insert). Alternatively, the user may send a registered letter to Terme di Sirmione S.p.A. Piazza Virgilio, 1 – 25019 Colombare di Sirmione (BS) to the attention of the Products Office, indicating personal details, order number and date, as well as the products to be withdrawn, and stating the subject: “order withdrawal n…. – of dd/mm/yy”.

Terme di Sirmione S.p.A. will bear the shipping costs of returned products by sending a courier to the address indicated for shipping during the purchase phase.
The returned product must be packaged according to the instructions that Terme di Sirmione will provide. The customer is responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods themselves. Therefore, in the event that the returned goods are damaged, not complete with all their elements and accessories, not accompanied by the enclosed instructions/notes/manuals, the original packaging and packing and the warranty certificate, if any, the customer shall be liable for the decrease in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the product. To this end, the customer is requested not to handle the goods beyond what is strictly necessary to establish their nature, characteristics and functioning. If the customer has received an incorrect or damaged product, he/she is requested to state this reason as the reason for return during the return request. The consumer who withdraws from the purchase will be refunded the payments he/she has made within 14 days of exercising his/her withdrawal. These refunds will be made through the same means of payment used by the consumer when purchasing the product.

8. Force Majure

Terme di Sirmione shall not be liable in the event of total or partial non-fulfilment of its obligations under any purchase concluded pursuant to these General Terms and Conditions of Sale, if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power shortages, general strike of public and/or private workers, strikes and/or restrictions on courier and airline connections.

9. Legal Warranty

All products sold on the Site are covered by the legal conformity warranty provided for in Articles 128-135 of the Consumer Code (“Legal Warranty”).

The Legal Warranty is reserved to consumers. It therefore only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Site and who are not consumers, the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided for by the Civil Code with the relative terms, forfeiture and limitations shall apply.

11. Communications and Complaints

For any complaints, communications or reports the customer may contact Terme di Sirmione at the telephone number 030/9196351, at the email address thermalcosmetics@termedisirmione.com or through the appropriate form.

12. Prohibition of sale and resale

The products or services on www.termedisirmione.com are exclusively for personal use. The online consumer is not allowed the sale and resale of products or services received. Terme di Sirmione reserves the right to reduce or terminate any supply of products or services if it has reason to believe that the conduct of the user may violate the Conditions of Sale.

13. Integrity

These General Terms and Conditions of Sale comprise the entirety of their component clauses. If one or more of the provisions of these General Terms and Conditions of Sale is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to be in full force and effect.

14. Data Processing

Information on the processing of personal data pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“General Data Protection Regulation”).

Privacy policy

15. Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the customer.