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Terms and conditions of use

These terms and conditions are valid and applicable to all transactions effected between Gianluca Mech S.p.a., Via Rodolfo Mech, 80 - 36020 Asigliano Veneto (Province of Vicenza), VAT Number and Tax-payer’s code 02403160241, hereinafter referred to as “GIANLUCA MECH”, or “company”, and any buyer who purchases articles on-line on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”), hereinafter referred to as “FINAL CUSTOMER”. These terms and conditions are also applicable to any party accessing company’s website, and you are agreeing to comply with and be bound by the terms stated herein, GIANLUCA MECH’S Legal Notes webpage, as well as GIANLUCA MECH’S Privacy Policy webpage. If you do not agree to any of these terms and conditions, the Legal Notes webpage or the Privacy Notice webpage, do not use this website.

These general conditions regulate all purchases made on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”), in compliance with article 50 et seq. of the Italian Law, Legislative Decree No 206 of September 6th 2005, Consumer Code, to which we refer the reader.

BEFORE STARTING ANY DIET PROGRAM, YOU SHOULD ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL OR PHYSICIAN. PLEASE NOTE, CUSTOMERS WHO ARE PREGNANT, PLANNING TO GET PREGNANT, DIABETIC, OR HAVE LIVER OR KIDNEY ISSUES OR OTHER HEALTH ISSUES MUST CONSULT WITH THEIR PHYSICIAN BEFORE BEGINNING THE TISANOREICA DIET.

Definitions

By the expression "Contract for on-line sales" we mean all sales/purchase agreements related to movables and tangible goods of GIANLUCA MECH, entered into between said company and the FINAL CUSTOMER within the context of a distance selling system by telematic devices organized by GIANLUCA MECH.

By the expression "FINAL CUSTOMER" we mean the consumer (a physical person) who effects the purchase as per this contract for purposes which are unrelated to the business or commercial activity the customer might be engaged in.

The name "GIANLUCA MECH" designates the subject who carries out the sale of the goods which form the object of this contract.

ARTICLE 1 – Object of the contract

By this contract for on–line sales, GIANLUCA MECH sells and the FINAL CUSTOMER purchases at a distance the products indicated and offered on sale on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”). The contract may be concluded only on the Internet with the FINAL CUSTOMER’s access to store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) and by a purchase order placed by the FINAL CUSTOMER according to the purchase procedures established on the site.

By virtue of the commercial policy followed by the company, GIANLUCA MECH shall not pursue or process any orders coming from other subjects than FINAL CUSTOMERS.

ARTICLE 2 - Conclusion and efficacy of the contract

1. A sale shall be deemed concluded with an e-mail message sent by GIANLUCA MECH to the CUSTOMER for confirmation of the order. This message shall contain the details of the FINAL CUSTOMER as well as those of the order placed, the price of the items purchased, any transport expenses due and the delivery address which shall be used for delivery of the goods. The FINAL CUSTOMER undertakes the responsibility to check the accuracy of the data provided in the e-mail message and to give prompt communication of any corrections which might be necessary.

2. GIANLUCA MECH undertakes the responsibility to describe and present the articles on sale on the site in the best possible way. In spite of this, it should be noted that some errors, imprecisions or slight differences might arise between the data provided on the site and the real product and that the photographs and images of the products displayed on store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) do not constitute an element of contractual significance as they are merely visual representations of the items on sale.

3. GIANLUCA MECH undertakes the responsibility to process the order in the manner established in article 8 below within 10 days* of the day after the order confirmation has been sent by GIANLUCA MECH.

* During Christmas and August some delay in deliveries may occur

4. The goods shall be sent and delivered by a forwarder and they shall be accompanied by the invoice for the purchase of the goods purchased.

ARTICLE 3 – Availability of products

1. Availability of products refers to their availability status when the FINAL CUSTOMER purchases the product. Availability, however, should only be considered merely indicative because a number of users may be visiting the site at a given moment and the products might be sold to others before the order is actually confirmed.

2. Cases of partial or total unavailability of the goods may arise even after the confirmation of order has been e-mailed by GIANLUCA MECH.

ARTICLE 4 – Form of payment

1. Payments by the FINAL CUSTOMER may only be effected by the credit cards listed on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”). Actual debiting of the amount due for the order shall only take place when the order has been completed and is ready for delivery.

2. All communications regarding payment or the data provided by the FINAL CUSTOMER when payment is effected shall be made on protected dedicated lines. Company has implemented safety protocols applicable in payment circuits.

ARTICLE 5 - Prices

1. All the sales prices of the products exposed and displayed on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) are expressed in US dollars at the current rate of exchange in effect at the moment of the purchase.

2. Shipping costs are not included in the purchase price but are indicated and calculated the moment the purchase is concluded and before payment is effected according to the table below. The minimum order for on-line purchases is $99.00 USD, net of shipping charges.

3. The FINAL CUSTOMER accepts the right of GIANLUCA MECH to modify prices at any moment according to fluctuations in the exchange rate in effect at the moment of the purchase but the cost of the goods shall be invoiced with the prices shown on the website when the order was placed and later confirmed by the e-mail sent by GIANLUCA MECH as confirmation of the purchase order.

4. Any costs related to customs duties and taxes at the moment of the actual delivery of goods shall be borne by the FINAL CUSTOMER.

ARTICLE 6 – Right to cancellation

To exercise in full and in a valid manner his right to cancellation, the FINAL CUSTOMER must meet the following conditions:

Delivery of the goods shall be regarded as effectively accepted if no claim has been filed for the goods with due communication by registered letter with return receipt within 10 working days of shipping by GIANLUCA MECH.

All regulations related to rescission are to be taken as applicable to the products which form the object of the sales contract in its entirety; consequently, the FINAL CUSTOMER has no right to cancellation of a partial portion of an order.

All goods returned have to be intact and in their original packaging. The packaging must not be damaged in any way and the goods must be accurately packed and aptly protected by cellophane.

The goods returned shall be accompanied by the relevant documentation and invoice.

Total integrity of the goods and of the packaging constitutes an essential condition to exercise the right to cancellation.

Return of goods shall be at the expense of the FINAL CUSTOMER.

The FINAL CUSTOMER shall be entitled to receive the money back within 30 days of reception by GIANLUCA MECH of his communication to rescind the contract and forwarding costs will not be refunded.

GIANLUCA MECH does not answer in any way for damage, theft or loss of the products being returned, therefore, responsibility for all risks involved lies with the FINAL CUSTOMER.

In the event of receipt of products which are faulty or non-compliant with the order, the FINAL CUSTOMER shall communicate this by registered letter with return receipt addressed to GIANLUCA MECH within 30 days of discovering the fault or non-conformity under penalty of invalidation. GIANLUCA MECH reserves the right to check the non-conformity adduced and in case of confirmation they shall refund the money by crediting it on the credit card used by the customer for the purchase.

ARTICLE 7 - Transfer of risks (Risk of loss)

All items purchased from GIANLUCA MECH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass on to the FINAL CUSTOMER upon our delivery to the carrier.

ARTICLE 8 – Form of delivery and invoicing

GIANLUCA MECH shall only accept orders which are to be delivered in the territory of the United States of America. Laws are different in every country and GIANLUCA MECH cannot keep with them all. For each order placed on the website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”), GIANLUCA MECH shall emit an invoice for the material delivered. This document is made available and printable when the order has been successfully placed. The invoice shall be issued with the data provided by the FINAL CUSTOMER during the purchase procedure. After the invoice has been issued it shall not be possible to modify in any way the data which appear on the invoice. During Christmas and August some delay in deliveries may occur.

ARTICLE 9 – Disclaimer Of Warranties And Limitation Of Liability

1. GIANLUCA MECH ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY DISSERVICES ATTRIBUTABLE TO CIRCUMSTANCES BEYOND CONTROL (FORCE MAJEURE) OR TO FORTUITOUS FACTS, EVEN WHEN THESE SHOULD BE DEPENDENT ON MALFUNCTIONING OR DISSERVICES OF THE INTERNET SERVICE, IF THE COMPANY CANNOT PROCESS THE ORDER IN COMPLIANCE WITH THE TIMING SET OUT IN THE CONTRACT.

2. FURTHERMORE, GIANLUCA MECH SHALL NOT BE RESPONSIBLE IN ANY WAY FOR DAMAGE, LOSS OR COSTS INCURRED BY THE CUSTOMER DUE TO FAILURE TO PERFORM THE CONTRACT FOR REASONS NOT ATTRIBUTABLE TO HIM . THE CUSTOMER SHALL KEEP HIS RIGHT TO THE WHOLE REFUND FOR THE PRICE PAID ONLY.

3. GIANLUCA MECH ASSUMES NO RESPONSIBILITY FOR ANY ILLEGAL OR FRAUDULENT USE WHICH MIGHT BE MADE BY THIRD PARTIES OF CREDIT CARDS WHEN EFFECTING PAYMENT FOR THE PRODUCTS PURCHASED AS LONG AS THE CUSTOMER PROVES THAT HE HAS ADOPTED ALL THE ORDINARY PRECAUTIONS REQUIRED BY THE PRINCIPLES AND PRACTICE OF DUE DILIGENCE.

4. AVAILABILITY OF EACH ARTICLE IS MERELY INDICATIVE AND HAS NO CONTRACTUAL RELEVANCE. NO RESPONSIBILITY SHALL BE ATTRIBUTED TO THE SELLER IN THE EVENT OF ONE OR MORE PRODUCTS BEING UNAVAILABLE.

5. THIS SITE AND ALL THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED IN IT OR OTHERWISE MADE AVAILABLE TO THE FINAL CUSTOMER THROUGH THE SITE store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) ARE PROVIDED BY GIANLUCA MECH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GIANLUCA MECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN IT OR OTHERWISE MADE AVAILABLE TO FINAL CUSTOMER THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. FINAL CUSTOMER EXPRESSLY AGREE THAT YOUR USE OF THE SITE store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) IS AT YOUR SOLE RISK AND PERIL.

6. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIANLUCA MECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. GIANLUCA MECH DOES NOT WARRANT THAT THE SITE store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”), THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM GIANLUCA MECH ARE FREE FROM VIRUSES OR FROM ANY OTHER HARMFUL COMPONENTS.

8. GIANLUCA MECH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN IT OR OTHERWISE MADE AVAILABLE TO THE FINAL CUSTOMER THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

ARTICLE 10 – Access to the site

The FINAL CUSTOMER has a right to access the site for consultation purposes and to make purchases. No other use is permitted, especially of a commercial nature, of the site or of its content. The total integrity of the elements contained on the site, whether they be sound components or visual images, and the technology involved in them remain the property of GIANLUCA MECH and are protected by intellectual property rights.

ARTICLE 11 - Cookies

The website store.gianlucamechspa.com (“Tisanoreica The Italian Comfort Food Diet”) uses “cookies”. These are electronic files which record information related to navigation of the site by the CUSTOMER (pages consulted, date and time of consultation, etc.) which enable GIANLUCA MECH to make improvements and to offer its customers a more and more personalized service.

1. Confirmations of orders imply the CUSTOMER full acceptance of these general Sales Conditions, which are made up of the total number of clauses which form the contract. These conditions may be updated or modified directly by simply transcribing the new regulation(s) onto the site. Modification or updating shall be valid and effective for orders which have not yet been entered and for which the web page showing the order details has not yet been viewed or printed out.

2. Should one or more clauses of these General Sales Conditions be considered invalid or declared to be invalid as stated by law or by the regulations or following a decision by a Court with proper jurisdiction, all other regulations shall continue to retain their full efficacy and applicability.

ARTICLE 13 – Applicable law and competent jurisdiction

This contract is regulated by the Italian legislation. Any controversy or dispute arising as a result of the interpretation, application, performance or violation of this contract which should not be settled in a friendly manner shall be submitted for judgement to the exclusive competence of the Court of Vicenza, Italy.

ARTICLE 14 – Privacy protection and treatment of data

GIANLUCA MECH safeguards the privacy of their own FINAL CUSTOMER and guarantees that the treatment of data is in conformity with the regulations on privacy stated by the Italian Legislative Decree of 30 June 2003, No 196 and later modifications and amendments. The personal and fiscal data obtained directly and/or through third parties by GIANLUCA MECH – the person responsible for data treatment – are collected and treated on paper and by informatic and telematic means. This treatment is performed according to the manner of treatment applicable for the purpose of registering orders and activating the procedures related to proper performance of this contract and to all necessary communications, to the fulfilment of all obligations imposed by law and to allow effective management of the commercial relations in as far as these are necessary to perform the service required to the best of our capacity. GIANLUCA MECH undertakes to treat as confidential the data and the information communicated by the FINAL CUSTOMER and not to reveal it to any unauthorized persons, or to use it for other purposes than those for which the data were collected or to transmit them to third parties. These data may only be exhibited upon the request of the judicial authority or by other authorities legally authorized for the purpose. Personal data shall be communicated only on the signature of a commitment to confidentiality of the data only to subjects holding a proxy for the performance of the necessary activities related to application of the contract and communicated only within the context of this aim. The CUSTOMER possesses the right stated in Art. 7 of Legislative Decree 196/03. Communication of personal data by the FINAL CUSTOMER is a necessary condition for the proper and timely performance of this contract. Failure to communicate the data will prevent the company from processing the request of the FINAL CUSTOMER . In any case, the data obtained shall be kept only for as long a period of time as is necessary for the purposes inherent in their collection or in their treatment. Removal of these data shall only take place in a safe manner. GIANLUCA MECH is the proprietor of collection and treatment of personal data and any requests shall be addressed to him c/o the company premises located at 80, Via Rodolfo Mech - 36020 Asigliano Veneto (Prov. of Vicenza).

For the regulations related to treatment of personal data by GIANLUCA MECH, please refer to the dedicated area on the site.