Purchase conditions

GENERAL COMMERCIAL TERMS (GCT):

1. Preliminary
   
   1. Terms and conditions cover the cases when a person intending to buy Goods from the Seller is a business entity or the person ordering Goods in the course of his/her business or professional activity.
   2. Commercial terms are an integral part of the Sales and Purchase Agreement. The Sales and Purchase Agreement and the terms are compiled in the Italian language. The Sales and Purchase Agreement may be concluded in the Italian language.
   3. The provisions other than specified in commercial terms may be agreed upon in the Sales and Purchase Agreement. Discrepancies in the provisions agreed upon in the Agreement prevail over the commercial terms.
   4. The commercial terms wordings may be changed and updated by the Seller. This provision does not cover the rights and responsibilities arising within the validity period of the previous version of commercial business terms.
2. User Account
   
   1. On the basis of registration at the Seller's website, the Buyer gains access to his/her user interface (hereinafter, "the user account") and is permitted to order Goods.
   2. When registering on the Seller's website and ordering Goods, the Buyer must enter correct and valid information. In case of any change, the Buyer must update data provided in the user account. The Seller considers that, by default, data specified by the Buyer in the user account and in the course of submitting an order for Goods is correct.
   3. The access to the user account is protected with user name and password. The Buyer must maintain confidentiality of the information required to access his/her user account.
   4. The Buyer must preclude using his/her user account by any third party.
   5. In accordance with the Consultant Standards and Statement of Policies and Procedures published at the Buyer's website, where only the registered Consultant can access, the Buyer may cancel the user account.
   6. The Buyer takes into account that the user account may not be accessible at all times, especially with account for the necessary Buyer's hardware and software maintenance or the necessary third-party hardware and software maintenance.
3. Execution of the Agreement
   
   1. In order to buy Goods though the supplier's E-shop, you should first register at https://it.siberianwellness.com/it-en/
   2. By submitting an order, the Buyer agrees with the Сompany's global commercial terms, which will be resent to him/her concurrently with an order confirmation. After submitting the order, within several minutes, the order confirmation will be sent to the Buyer's e-mail, and after that, the Sales and Purchase Agreement is deemed to be concluded.
   3. All promotional offers are valid only when the Goods are available at the warehouse. In case the Supplier cannot deliver the Goods, the Buyer reserves the right to terminate the transaction, while informing the Buyer about that. The payment for Goods will be returned within 5 business days from the date of receipt of the information on the transaction termination.
   4. E-shop orders in the current month are accepted up to the last day of the month.
   5. All products intended for sales through the supplier's E-shop are approved on the basis of notification of the Ministry of Health of the Italian Republic, Cosmetic Products Notification Portal.
   6. The Goods specified in the order will be sent to the Buyer upon the receipt of the order payment within two business days.
   7. In case of erroneously sent products, inaccuracies in calculations performed in the E-shop or in other publications, the Seller reserves the right to terminate the transaction by immediately notifying the Buyer of the error and proceeding further in accordance with clause 3.3.
   8. E-shop contains information on Goods, including prices for individual items. The Goods prices are specified inclusive of VAT and all associated costs.
   9. To order Goods, the buyer fills in the ordering form at the E-shop. The ordering form contains the particular information as follows:
      3.9.1. Regarding the ordered Goods (the Goods that have been placed by the Buyer into the electronic shopping cart of the E-shop);
      3.9.2. Regarding the payment method and the desired delivery method for the ordered Goods;
      3.9.3. Regarding the costs associated with the Goods delivery (hereinafter, "the Order").
   10. Taking into account the Buyer's opportunity to reveal and correct errors when entering data, before submitting the order to the Seller, the Buyer has the right to check and change entered data. The Seller, upon receiving the order, confirms its receipt immediately to the e-mail address specified in the user account or the order (hereinafter, "e-mail").
   11. The contractual relationship between the Seller and the Buyer originates from confirmation of the order receipt (acceptance), which is sent to the Buyer's e-mail.
4. Goods Prices and Payment Terms
   
   1. The Goods prices are valid at order submission.
   2. The Goods prices include VAT.
   3. The Buyer may pay the Goods value and any costs associated with the Goods delivery according to the Sales and Purchase Agreement via a convenient and secure non-cash payment method using PayPal.
   4. Delivery payment is added to the Goods price. Delivery payment is calculated automatically in the course of order submission depending on delivery address, delivery method, and package weight.
   5. The Seller is a payer of the value-added tax and must, in accordance with the Agreement, submit a tax document (invoice) to the Buyer with regards to all accepted payments by sending it together with the Goods.
   6. In case of non-cash payment, the Buyer's obligation to pay the purchase value is considered to be performed upon deposition of the corresponding amount at the Seller's account.
5. Termination of Agreement
   
   1. According to the Civil Code, the Buyer may terminate the Agreement and return the Goods without explanation within 14 days from the date of Goods receipt. In case the subject of the Sales and Purchase Agreement includes several types of Goods or in case the delivery consists of several parts, this period starts at the date of last receipt of the order. Notification on the Agreement termination must be sent to the Seller within the period specified in clause 5.1 above.
   2. Termination leads to the Sales and Purchase Agreement cancellation. The Goods should be returned to the Seller within 14 days from the Seller's notification on the Agreement termination. In case of Agreement termination, the Buyer incurs all costs associated with the Goods' return to the Seller.
   3. In case the Buyer terminates the Agreement, the Seller has no obligation to return money before the Buyer returns the Goods or proves that the Goods have been actually sent to the Buyer's address.
   4. When returning the purchase value to the Buyer, the Seller may unilaterally deduct the amount of damage inflicted to the Goods.
   5. If, together with the Goods, the Buyer receives a gift, and the gift agreement was concluded between the Buyer and the Seller with the condition that the Buyer's termination of the Agreement leads to the gift agreement cancellation, then the Buyer has to return the gift along with the Seller's Goods.
   6. In order to execute the right to terminate the Agreement, the Buyer must inform the Seller of his/her withdrawal from the Agreement in the form of unilateral legal action (e.g., via a letter sent through the postal service or by e-mail). The form for Agreement termination can be used, but this is not mandatory.
   7. The electronic form for agreement termination or any other unambiguous statement may be filled in at https://it.siberianwellness.com/it-en/. In case of using this option, the confirmation of Agreement termination will be received immediately.
   8. The address for returning the Goods: AQUAVIVA ITALIA S.R.L., Via Ausa, n.117, 47853, Coriano (RN)
6. Transportation and Delivery
   
   1. Unless otherwise specified, delivery will be made to the specified address.
   2. Delivery may be made to other European Union countries.
   3. Delivery is made under the condition of preserving the proprietary right, i.e., before receiving full payment for the Goods, they are considered the property of AQUAVIVA ITALIA S.R.L.
   4. The Buyer incurs all costs for delivering the ordered Goods.
   5. The Goods delivery across the Italian Republic is made by the courier service (the shipping weight must not exceed 50 kg).
   6. The Goods delivery across the European Union is made by the courier service (the shipping weight must not exceed 50 kg).
   7. The delivery cost is determined by postal service or by the company providing courier services and is calculated in the course of executing order in the E-shop.
   8. The Seller may announce promotions directed at reducing the delivery cost. In this case, the Goods delivery cost is calculated automatically upon the order execution.
   9. Currently, the following special conditions apply:
      6.9.1. For the order of more than 100 Euro (including VAT), the delivery across the Italian Republic is free-of-charge;
      6.9.2. For orders with a value exceeding 150 Euro (including VAT), delivery of Goods within the territories of the European Union member states and to the UK shall be free of charge.
      6.9.3. The Buyer will be additionally informed about the expiration date of these conditions.
   10. The Goods shipping to the Buyer is performed within 1 to 3 business days from the date of payment receipt (or from the confirmation of the Buyer's payment at the site). In case the Goods cannot be sent within this period, the Buyer will be informed additionally.
   11. In case the order contains many products, the Buyer reserves the right to change the shipping and delivery times.
   12. In case of delivery delay, the Buyer's demands or claims to indemnify the damage are excluded.
   13. Order delivery across the Italian Republic is made on the day following the date of shipping.
   14. When passing the ordered Goods to the carrier, the Seller's part of the Agreement is deemed to be executed, and all risks are transferred to the carrier. When the Goods are accepted by the Buyer, all risks are transferred to the Buyer who accepts the Goods.
   15. When accepting the Goods from the carrier, the Buyer is obliged to check the Goods package integrity. When revealing any defects, the Buyer must immediately notify the carrier about this fact. In case of presence of package damage, which indicates the unauthorized package opening, the Buyer may refuse to accept the package from the carrier.
   16. According to the Sales and Purchase Agreement, the Seller must deliver the Goods to the location specified by the Buyer in the order, and the Buyer must accept the Goods at the delivery location.
   17. If, for the reasons arising at the Buyer's side, the Goods must be delivered more than once or through the way other than specified in the order, the Buyer must pay the costs associated with redelivery or the delivery made by another means, respectively.
7. Rights and Obligations in Terms of Faulty Workmanship
   
   1. The rights and obligations of the parties regarding improper performance are regulated by General Civil Law Provisions (particularly, Book IV ("Obligations"), Section III ("Improper Performance of Obligations") of the Civil Code of the Italian Republic.
   2. The Seller shall be responsible to the Buyer (in particular, when the Buyer has accepted the Goods) and shall guarantee that the Goods are transferred to the delivery service without any failures, namely:
      7.2.1. The Goods are of proper quality, which has been agreed upon by the parties; in case such agreement is absent, the Goods possess the characteristics declared by the Seller or manufacturer, or they satisfy the Buyer's expectations based on the Goods' nature or advertisement by the Seller or manufacturer;
      7.2.2. The Goods are suitable for the purposes stated by the Seller or for which this type of Goods is usually used;
      7.2.3. The quality and design of the Goods correspond to a specimen or a sample, which were defined in accordance with the Agreement;
      7.2.4. The quantity and the weight of the Goods correspond to the declared ones;
      7.2.5. The Goods comply with the law and regulatory requirements.
   3. The Buyer submits a claim to the Seller with regards to the Goods' failures in the Seller's premises, where it is possible to do based on the range of sold Goods.
   4. The Seller guarantees that the Goods will be suitable for their regular purpose during a certain period, within which they retain their regular properties. The warranty period starts at the moment of transferring the Goods to the Buyer, and in case of delivering the Goods in accordance with the Agreement, at the moment of delivering to the destination point.
8. Other Rights and Obligations of the Parties
   
   1. The Buyer acquires the proprietary right for the Goods by paying their full value.
9. Personal Data Protection
   
   1. The personal data protection of the Buyer, who is a natural person, is ensured in accordance with Legislative Decree No. 196 dd. June 30, 2003, the Personal Data Protection Code.
   2. The Buyer grants his/her consent to process personal data including first and last names, address, identification number, taxpayer identification number, e-mail address, phone number, birth date, bank account number, and contract number (hereinafter, "the personal data").
   3. The Buyer grants his/her consent to process his/her personal data by the Seller in order to execute the rights and obligations as per the Agreement and in order to maintain the user account. It is also considered that he/she grants his/her consent to the Seller to process his/her personal data in order to send the commercial messages and information for the Buyer (if he/she has not chosen any other option). The consent to process personal data in general volume according to this article is not a mandatory condition, which would prohibit concluding the Sales and Purchase Agreement.
   4. The Buyer's personal data may by no means be provided to the third parties. The only exception is the information required to deliver orders (name, address, and phone number).
   5. The Buyer guarantees the credibility of his/her personal data he/she entered during registration (in the user account) or in the course of submitting order at the E-shop and undertakes to inform the Seller immediately in case of their change.
   6. Personal data will be processed within an indefinite period of time electronically, automatically, or in a printed form by non-automatic means.
   7. The Seller processes personal data of the selling person according tot the legal regulations, particularly in accordance with Regulation of the European Parliament and EU Council 2016/679 dated 27 April, 2016. This regulation is about the protection of individuals in connection with the processing of the personal data, free movement of such data and cancellation of the Directive 95/46/ES by means of the corresponding legal regulations about the processing of personal data. Information related to the processing of personal data by AQUAVIVA ITALIA S.R.L. is available on the website.
10. Cookies
    
    1. The Buyer agrees to save the so-called cookie files on his/her computer. If the purchase can be done at the site and the Seller's obligations are fulfilled in accordance with the Sales and Purchase Agreement without saving cookie files at the Buyer's computer, the Buyer may cancel his/her consent at any time in accordance with the previous sentence.
11. Out-of-Court Settlement
    
    1. According to the Sales and Purchase Agreement, the Buyer may settle disputes out of court.
    2. Alternative dispute resolution between consumers is performed by the EU Online Dispute Resolution Platform ODR Platform) at https://ec.europa.eu/consumers/odr/
12. Final Provisions
    
    1. If the relationship discussed in the Sales and Purchase Agreement include international (foreign) element, the parties agree that their relationship is governed by Italian law. This fact does not affect the consumer's rights resulting from the universally binding legal rules.
    2. If any provision of commercial terms is cancelled or is or becomes invalid, it is replaced with the provision having the sense that is the closest to the cancelled or invalid provision. Cancellation or invalidity of a provision does not cancel the validity of other provisions.
    3. The Sales and Purchase Agreement, including commercial terms, is archived by the Seller electronically; free access is prevented.
    4. The typical form for the Sales and Purchase Agreement termination is attached to commercial terms.

The company's name, address or contact details of the supplier:
AQUAVIVA ITALIA S.R.L.
Via Ausa, 117
47853 Coriano (RN) – Italia
Partita IVA: 04823610409
e-mail: info_it@siberianhealth.com
tel./fax: +393444942411