General Terms and Conditions of Sale, in force since 04/06/2024
FOREWORD
This notice is provided for the site www.hongthaimassaggi.com (Site).
Seller Data: HONG THAI – P.Iva 09514120964 – Via Giuseppe Compagnoni, 24 – 20129 – Milano (MI) – Email info@hongthaimassaggi.com (Seller)
Service sold on the Site: Subscriptions and Gift Cards (Service).
Art. 1 Scope of Application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If the Site makes it possible, entering your tax code when making a purchase implies that you are acting as a “Consumer”. Please note that the status of Consumer is held by the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. If, on the other hand, you are given the option of entering a VAT number (yours or that of a legal person), this implies a purchase in the capacity of “Professional”. A natural person or legal entity acting in the exercise of its entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, is a Professional. The implications of purchasing in the capacity of Consumer rather than Professional will be described later in this document.
1.3 The terms indicated are working days, i.e. excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are to be understood as purely indicative. Colours may differ from the real ones due to the settings of the computer systems or computers used by you to view them.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. Before entering into commercial transactions with such parties, it is necessary to check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.7 On the websites that can be consulted via such links the Seller does not carry out any control and/or monitoring. The Vendor is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law on the part of such sites.
1.8 You are required to carefully read these General Sales Conditions as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.9 Unless otherwise agreed with the Seller, it is not possible to place orders by email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 The whole of any element of the Site is the property of the Seller or of third parties. Unless specifically authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or part of the content of the Site.
1.11 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or the inability to use it. Seller makes no warranty or representation: (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
1.12 This document governs in its entirety the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time shall remain unaffected. The Seller may organise contests and prize operations reserved for users of the Site. The regulations of each contest or prize operation will be available in a special section of the Site. If the prizes consist of discount vouchers, purchase vouchers or equivalent forms, they may in no case be converted into money.
Article 2 Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the Seller’s server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information you provide is complete and truthful and you agree to indemnify and hold the Seller harmless from and against any and all damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Vendor reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any regulatory provisions.
2.5 To place orders on the Site, you must read and approve these General Terms and Conditions of Sale by checking the appropriate box on the purchase process pages. Failure to accept these General Terms and Conditions of Sale shall make it impossible to make purchases on the Site.
2.6 Following your purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller’s data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any additional cost; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
2.7 In order to use the services offered for sale on the Site, payment of a deposit is not required.
Art. 3 Prices
3.1 On the Site: prices include VAT.
3.2 The Seller reserves the right to change the price of the Services, at any time, without prior notice, it being understood that the price charged to you shall be that indicated on the Site at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order shall not be taken into account.
3.3 The purchase contract is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order shall be cancelled accordingly.
Art. 4 Terms of Payment
4.1 This article describes the payment methods available on the Site. You may in any case contact the Seller for further information.
4.2 You may purchase on the Site by means of payment cards. The debit will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorisation. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the user’s identity (in order to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.3 This article indicates the credit and/or debit cards that may be accepted on the Site.
- VISA.
- MasterCard.
- ApplePay.
- AmazonPay.
- Amazon Pay.
- Google Pay.
- Android Pay.
- Maestro.
- PostePay.
4.4 Payment by bank transfer is not possible on the Site.
4.5 It is possible to make purchases on the Site using discount vouchers, vouchers or coupons. If the value of the discount code is less than the value of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances may discount vouchers be converted into money.
Art. 5 Right of Withdrawal
5.1 The User is requested to pay particular attention to this Article, which regulates the right of withdrawal.
5.2 The right of withdrawal is the consumer’s right to dissolve the purchase agreement without being obliged to provide a reason. You may exercise this right within 14 calendar days, starting from the conclusion of the contract. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller.
Any exceptions to the right of withdrawal are set out in this Article 5. If there are no exceptions to the right of withdrawal, this Article 5 applies in full.
5.3 The Seller informs you that on the Site, withdrawal is excluded for Services that are fully performed before the 14-day period has elapsed, with your express agreement to lose your right of withdrawal. For partially performed Services, the exclusion of the right of withdrawal shall apply with reference to Services already performed.
Art. 6 Legal Guarantee of Conformity
6.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made their purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
6.2 The Seller shall be liable to the Consumer for any lack of conformity of the Service that becomes apparent within two years of the purchase. The action to assert defects that have not been maliciously concealed by the Seller shall, in any case, be time-barred within a period of twenty-six months from the provision of the Service. In the event of a defect in the conformity of the Service, the Consumer shall be entitled to have the conformity restored or to receive a proportional reduction in the price or to have the contract rescinded due to gross non-performance.
6.3 If you purchased as a Professional, the preceding articles shall not apply.
Article 7 Out-of-Court Dispute Resolution – Alternative Dispute Resolution/Online Dispute Resolution
7.1 The Seller informs you as a Consumer that, in the event that you have submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide you with information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute.
7.2 The Seller also informs you as a Consumer that a European platform for the online resolution of consumer disputes has been established (the so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
7.3 The right of the consumer user to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 5,000.00. The text of the Rules can be found at http://www.eur-lex.europa.eu.
Article 8 Customer Service
8.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Preamble, or by using the contact form that may be present on the Site.
8.2 The Seller shall reply within an approximate time of 2 days.
Art. 9 Material published on the Site. Reviews
9.1 Any material published on the Site is protected by applicable copyright laws. Without authorisation from the Seller or the third party copyright holder, it is forbidden to copy, publish, modify or use in any way and for any purpose any material published on the Site.
9.2 In accordance with the provisions of Legislative Decree No. 26 of 7 March 2023, the Site informs you that no tool is implemented on the Site that allows users to publish reviews.
9.3 You are nevertheless invited to access this article on the occasion of future purchases in order to check whether a tool has been implemented on the Site that allows users to publish their own reviews referring to purchasing experiences on the Site.
Art. 10 Applicable law. Applicable Jurisdiction
10.1 Purchase contracts concluded through the Site are governed by what is set forth in these General Sales Terms and Conditions and, for anything not provided for, by the Italian Consumer Code.
10.2 We remind you that in the case of consumer users, for any dispute relating to the application, execution and interpretation of this document, the competent court shall be the court of the place where the user resides or has elected domicile. In the case of professional users, for any dispute relating to the application, execution and interpretation of this document, the competent Court shall be the Court where the Seller has its registered office, pursuant to the provisions set forth in the Introduction.