General sales conditions

This document contains the General Sales Conditions (the "GTC") governing online purchases made through the website avashwellness.com (the "Website"), owned by AVASH SRL SB (the "Company"), VAT number 16841181007, with registered office at Via Piemonte 39/a, Rome, 00187. These GTC apply to the exclusion of any other clause and/or condition, except for any specific clauses previously agreed in writing and signed by the parties.

Any additional clauses or specific purchase conditions that are incompatible with these GTC, even if stated on the Customer's order, will be considered null and void. The offers on the Website are exclusively intended for consumers who make the purchase and cannot be attributed to any commercial or professional activity.

The Company reserves the right to modify these GTC at any time; any new provisions will be effective from the moment of their publication on the Website and will apply to sales made from that date onwards.

All buyers and/or users (the "Customer") are invited to carefully read these GTC before making any purchase on the Website.

The term "Product" refers to any goods offered by the Company through the Website.

The purchase of one or more Products through the Website is only allowed for Users who are Consumers.

In accordance with Article 3, paragraph 1, letter a) of Legislative Decree 206/2005 ("Consumer Code"), it is noted that consumers are individuals who, in relation to the purchase of Products, act for purposes unrelated to any business, commercial, professional, or craft activity they may carry out.

All information, trademarks, and logos on the Website or provided by the Company are protected by intellectual property rights. The Customer may access and make copies (including in electronic form) of the information contained on the Website solely for personal use.

The transmission of such information to third parties is not permitted; the Customer assumes all responsibility for any violation of this obligation.

All information contained on the Website is purely informative and/or commercial in nature. The Company is not responsible for the content of the information contained on the Website, and the evaluation of such information is at the discretion of the Customer. Consequently, the Customer may not make any claims or demands against the Company for information that is found to be inaccurate, incomplete, or completely erroneous.

These GTC exclusively regulate the offer, submission, and acceptance of purchase orders for products between Customers and the Company through the Website. The Company reserves the right not to process orders from parties other than the Customer or orders that do not comply with its commercial policy.

In the event of a computer, manual, technical, or any other type of error that could result in a substantial and unforeseen change in the sale price to the public, making it excessive or clearly derisory, the purchase order will be considered invalid and cancelled, and the amount paid by the Customer will be refunded within 14 days from the day of cancellation, upon notification to the Customer.

 The Company reserves the right to verify and assess the correctness and good faith of the Customer. If the Customer's behavior is found to be unlawful and improper, the Company will promptly notify the Customer and proceed with the cancellation of the purchase order.

These GTC are published at the following link and can be viewed by the Customer at any time, before and during the ordering process, and must be expressly accepted in order to proceed with the order.

Access to the Website is free of charge. The Website is accessible every day, including holidays, 24 hours a day, except in the case of malfunctions or interruptions for maintenance. In any case, the Customer may not complain to the Company about any inability to access and/or use the Website for any reason. The Company, without any obligation in this regard, undertakes to keep the Website in working order, ensuring its regular use by Customers.

The Customer declares to be fully aware of the technical functioning of the Website and to have no objections or reservations in this regard. Therefore, the Customer is aware of the need to maintain and update their computer system in order to establish a connection with the Website. The Company may at any time, at its sole discretion, interrupt, in whole or in part, the operation of the Website; in such a case, the Customer will not be entitled to any compensation or indemnity.

The purchase of one or more Products through the Website is allowed for Users who qualify as Consumers. For individuals, the purchase is only allowed if they have reached the age of eighteen. The Company undertakes to describe and present the Products sold on the Website in the best possible way. However, there may be some errors, inaccuracies, or slight differences between the Website and the actual Product. Furthermore, any photographs of the Products on the Website do not constitute a contractual element, as they are purely representative. The presentation of Products on the Website constitutes an invitation to offer. If you wish to purchase multiple Products, you can select them one at a time and add them to your virtual cart. Regarding the technical and functional characteristics of the Products on the Website, they are provided by their respective manufacturers and should be considered indicative; therefore, the Company assumes no responsibility for the accuracy and completeness of such information. Once all the items you intend to purchase have been selected, you can proceed to close your virtual cart. Subsequently, a summary page will open, displaying the products you intend to purchase, their prices, delivery costs, and the payment method to be selected to complete the order ("Order"). Orders will be binding for the Company unless expressly rejected, which the Company may communicate to the Customer within 48 hours of receiving the Order; otherwise, the Order will be considered accepted. All Orders are irrevocable and must contain all the necessary elements for the correct identification of the products. The Customer is particularly required to provide any information that may be necessary to ensure the proper execution of the sale. In any case, the Customer assumes responsibility for the accuracy and correctness of the personal data entered and provided to the Company when completing and submitting the Order. It is understood that any damage/delay/discomfort attributable to the incorrectness and/or untruthfulness of the personal data entered at the time of completing and submitting the order form and/or subsequently modified cannot under any circumstances be attributed to the Company.

 Any requests made by the Customer after the acceptance of the Order will not be binding on the Company, which, if possible, reserves the right to assess and/or fulfill them upon reimbursement of any additional costs to be determined. The inability to satisfy the aforementioned requests made after the acceptance of the Order cannot, in any case, constitute a valid reason for the cancellation or deletion of the order. Any subsequent requests for changes and/or cancellations must be submitted in writing and will not be valid unless accepted in the same form by the Company. The Company reserves the right to refuse the variation and/or cancellation as well as to execute the original Order. The Company also reserves the right not to accept and/or cancel an Order if it has been sent through software, robots, crawlers, spiders, or any automated system or through behavior based on scripts and any use of third-party services in order to place an Order on behalf of the Customer. The Customer agrees to receive payment invoices in electronic format, available in PDF format.

By submitting the Order, the Customer unconditionally accepts and undertakes to comply with these General Terms and Conditions in their relationship with the Company.

Purchase requests from countries not included in the "Shipping and Product Delivery" section shall be considered as not made and not binding on the Company, without the need for any communication.

In general, all items on the website are immediately available. However, the Company shall not be held liable for the temporary unavailability of one or more Products. If specific Products presented on the Website are no longer available for sale after the Order has been submitted, it shall be the responsibility of the Company to inform the Customer of such unavailability. Except as otherwise agreed (see "Right of Withdrawal" section), the submission of the Order by the Customer shall be considered as acceptance of any partial delivery limited to the available Products within the ordered items, as well as a waiver of any claims for compensation and/or indemnification in this regard. If the Customer has already made payment for the complete Order, the Company will refund the corresponding amount for the unavailable products according to the methods described below (see "Refund Timing and Procedures" section).

The Products offered on the Website are exclusively high-quality products.

The essential characteristics of the Products are indicated on the Website on each Product detail page as well as on the Products themselves or on their packaging. However, the images and colors of the products offered for sale may not correspond to the actual ones due to the Internet browser and the monitor used. Therefore, it is understood that, except for the indications regarding the Products on the label or packaging, the Customer cannot raise any exceptions against the Company if the packaging of the delivered Product does not match the image of the Product displayed on the Website in terms of colors/shape/size.

The Company pays the utmost attention to ensuring that what is described and presented on the Website corresponds to what is stated on the label and the packaging of the Products. In any case, it is emphasized that, in the event of discrepancies, the label, packaging, and usage instructions provided by the respective supplier shall prevail.

Upon delivery of the purchased Product by the courier, the Customer is required to check that the number of packages corresponds to what is indicated on the shipping document and that the packaging is intact, undamaged, not wet, or otherwise altered, including the closing materials (adhesive tape or metal straps). Upon receipt of the Products, the Customer must:

Ensure that the packaging is intact. Otherwise, they should not accept the Products and leave them with the courier. If this happens, the Customer must promptly notify the Company in order to proceed with the re-delivery of the purchased goods as quickly as possible.

Take photographs of the package - in case the received Products are damaged, incomplete, or incorrect - both externally and internally so that, in the event of a refund request, the Company can request this material to verify the actual problem. Once the courier's document is signed, the Customer cannot make any claims regarding the external characteristics of the delivered items, and the risk of loss or damage to the Products is transferred to the Customer.

The Company will only accept payments in Euro currency.

For the payment of the price of the products and the related shipping and delivery costs, the Customer may use one of the methods indicated on the Website.

In the case of payment by credit card, the Company will never have access to any sensitive information (e.g., the complete credit/debit card number or the security code).

The Company ships its products within Italy through selected carriers.

The Company undertakes to do everything necessary to meet the delivery times indicated when the Order is submitted by the Customer. In any case, the Company cannot be held responsible for any damages or inconveniences caused by any delays.

The countries to which the Company ships the Products are: Italy, Austria, France, Germany, Monaco, Slovenia, Belgium, Luxembourg, Denmark, Portugal, Spain, Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia, Croatia, Denmark, Estonia, Finland, Greece, Ireland, Lithuania, Latvia, Sweden, England, Switzerland.

The cost for each shipment associated with an Order will vary based on the following parameters: the destination and the total weight of the Products purchased with the individual Order, and the shipping method. The shipping cost will always be borne by the Customer, in addition to the Product Price.

All the aforementioned costs are inclusive of VAT, to the extent required by applicable law.

The Customer is required to always check the number and integrity of the packages. In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing the delivery and promptly reporting the incident to the Company. In such cases, if the Company's checks subsequently confirm the existence of such anomalies or damage, the replacement and redelivery costs will be fully borne by the Company.

While taking the best precautions with technologically advanced security systems, the Company does not provide any guarantee regarding the possible presence of viruses or similar contamination and destructive devices within the Website, and therefore, assumes no responsibility in this regard. The Company assumes no responsibility for damages of any kind or nature that may be claimed by the Customer as a result of accessing the Website or using the services and information offered thereby.

In particular, the Company - except in cases of willful misconduct and gross negligence - is exempt from any liability for damages, including indirect damages, caused to the Customer or third parties as a result of the use or impossibility to use the Website or the use (or non-use) of the services and information offered thereby. Similarly, no responsibility can be attributed to the Company - except in cases of willful misconduct and gross negligence - for the effects of actions taken or omitted by the Customer or third parties as a result of the use of the Website, as well as the services and information offered thereby.

Furthermore, the Company is not responsible or obligated to compensate for indirect, immaterial, or collateral damages, including (without limitations): loss of profit, loss of earnings, production limitations, administrative or personnel costs, loss of customers, or third-party legal actions. The warranties provided by the Company are valid only for Products purchased by a Customer residing within the Italian territory.

The Company shall not be liable for any failure or delay in the performance of its obligations even if such failure or delay is due to a force majeure event, which includes exceptional natural or human events (e.g., storms, hurricanes, earthquakes, tsunamis, riots, popular uprisings, strikes), including measures and/or orders from Public Authorities, also as a result of epidemiological emergencies (such as COVID-19), which render the performance excessively difficult or burdensome (so-called factum principis). In this regard, it is understood that the Company will communicate the nature and extent of the circumstances that caused the non-performance or delay and, if possible, the expected extension of the performance time, as well as a proposal for an agreement aimed at agreeing on any solutions to be adopted in order to limit the consequences of the force majeure event in question.

It is expressly understood, however, that if there are regulatory provisions or orders from Authorities resulting in an increase in costs and/or expenses related to the activities and/or commercial relationships provided by the existing supply conditions with the Company, the Company reserves the right to modify, in good faith, the terms, including economic terms, of the General Terms and Conditions.

In accordance with Article 52 of the Consumer Code, the Customer has the right to withdraw from the purchase contract for any reason, without providing explanations and without any penalty, within the terms and conditions indicated in the following articles.

To exercise the right of withdrawal, the Customer must send a written communication to the Company within 14 days from the date of receipt of the Products for which the right of withdrawal is exercised, by contacting the Company at the following email address: support@avashwellness.com.

 

Once the aforementioned withdrawal communication is received, the Company will, through its customer service, send an email to the Customer containing the return procedure for the Products. The returned Product must be received by the Company within 14 days from the date of the communication opening the return for withdrawal. Upon receipt of the Products, the Company will initiate a refund procedure only if the products have been sent within the specified time frame (the postal stamp or the date of delivery to a courier will be considered), and if the Products are in perfect condition, in their original packaging, complete with all its parts (product packaging and accompanying documentation), and repackaged in a condition suitable for resale.

 In the case of withdrawal communicated by the Customer according to the methods described in the previous article, the Company will refund the Customer for all amounts paid by the Customer, including those for the delivery costs of the Products, if applicable, within 14 days from the receipt of the respective Products. The shipping costs for returns are borne by the Customer, and the total refund amount will be deducted accordingly. The shipment, until it is received by the Company at the designated warehouse, is the sole responsibility of the Customer. Upon arrival at the address indicated by the Company, the Product will be examined for any damage or tampering not resulting from transportation. If the original packaging and/or packaging are damaged, the Company will retain from the due refund an amount equal to the respective loss of value of the Product, up to the total value of the Product.

 Due to the nature of the Products sold by the Company, the right of withdrawal applies exclusively to the Product purchased in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased Product. In the case of orders consisting of multiple Products, it will be possible to exercise withdrawal with respect to one or more Products of the Order, specifying the description of the Products to be returned in the withdrawal communication. In these cases, the refund will be made in accordance with the methods indicated in the previous article.

The Company, in accordance with the Consumer Code, reserves the right to withhold the refund until the Products have been received and verified. 10.7. The right of withdrawal is considered correctly exercised if the following conditions are fully met:

• The email containing the request to exercise the right of withdrawal contains the order code.
• The Products related to the order for which the right of withdrawal is exercised are sent to the Company in a single shipment. The Company reserves the right not to accept Products from the same order that are returned and shipped at different times;
• The Products are in perfect condition, in their original packaging, complete with all its parts (product packaging and accompanying documentation) and repackaged in a condition suitable for resale.
• The provisions of these General Terms and Conditions have been complied with.

The return procedure is only initiated upon a request from the Customer to exercise the right of withdrawal. In any case, following the Customer's request, the Company will verify the actual existence of the necessary conditions for initiating a return procedure.

After initiating a return procedure, the Company will send the Customer an email containing the description of the product return instructions.

The shipping costs are borne by the Customer.

The returned package must necessarily include a copy of the order confirmation sent to the email address provided by the Customer or the waybill present on the package upon receipt. In no case will packages with cash-on-delivery or collect delivery be accepted.

A refund procedure may refer to two different types of situations:

• a refund of the total amount related to an Order for which the right of withdrawal has been exercised.
• a partial refund related to an Order for which one or more products are unavailable.

 Regardless of the payment method used by the Customer, the refund will be processed by the Company as soon as possible and in any case within 30 (thirty) days from the order confirmation (in the case of a partial refund due to the unavailability of one or more products) and within 14 (fourteen) days from the receipt of the Products by the Company (in the case of withdrawal), using, if possible, the same payment method used for the order, or alternatively by bank transfer, at the discretion of the Company.

The Customer acknowledges that the trademark and/or trademarks displayed on the Products or related to the provided Products, as well as the names and distinctive signs of the Products and other related technical documents, are the exclusive property of the Company or third parties. Unauthorized use of the trademarks displayed on the Products or related to the Products, as well as the names and distinctive signs of the Products and other related technical documents, is strictly prohibited. In particular, the Customer is prohibited from fully or partially reproducing technical data sheets and/or formulations of the purchased or viewed Products or exploiting the technical information related to them for purposes not directly related to their supply. Furthermore, the Customer is prohibited from disclosing news and technical information concerning the Products that may enable their reproduction. The Customer is also prohibited from removing or altering the trademarks or other distinctive signs affixed to the Products.

The Website may contain links to third-party websites. The Company exercises no control over them and therefore, is in no way responsible for the content of these sites. Some of these links may refer to third-party websites that provide services through the Website. In such cases, the terms and conditions for using the site and accessing the service set by the third parties shall apply, for which the Company assumes no responsibility.

If any provision of these General Terms and Conditions is deemed unlawful or invalid, it shall not be considered as part of the General Terms and Conditions, and this shall not affect the remaining provisions, which shall remain valid to the fullest extent permitted by law.

These General Terms and Conditions are governed by Italian law, with specific reference to the legislation on electronic commerce contained in Legislative Decree No. 70 of April 9, 2003, and the Consumer Code (Legislative Decree No. 206 of September 6, 2005).

Any dispute relating to the interpretation, performance, non-performance, or resolution of the contract, or in any way related to these General Terms and Conditions, shall be subject to the jurisdiction of the Court of Rome, unless the law provides the exclusive jurisdiction of the consumer.

These General Terms and Conditions are subject to periodic amendments, taking into account any regulatory changes. The new General Terms and Conditions will be effective from the date of their publication on the Website.

Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool.

This tool can be used by consumers to resolve, out of court, any disputes relating to or arising from contracts for the sale of goods and services entered into online.

Therefore, consumers can use this platform to resolve any disputes arising from the online contract entered into with the Company. The platform is available at the following address: https://webgate.ec.europa.eu/odr