GENERAL TERMS AND CONDITIONS OF SALE

 

1. Contract Information

• The following General Terms and Conditions apply to the purchase of goods and/or services by customers (Consumers and Professionals) carried out online on the website https://www.aspria.com, of Harbour Club Milano S.p.A., with registered office in Milan, via Cascina Bellaria no. 19, registered with the Milan Companies Register no. 355957 - VAT no. 11622810155 and Tax Code no. 00605370147, a single member company subject to the management and coordination of Aspria Holdings B.V., (hereinafter referred to as "Aspria"). Consumers who want to get in touch with the Milan-based Aspria, as well as to submit any complaints and to request information, can use the following e-mail address: harbourclub@legalmail.it, in addition to the above mentioned address.
• Definitions: All reference to the “Consumers" refers to those who place an order for purposes unrelated to their business, commercial, artisan or professional activity. All reference to "Professionals" refers to natural or legal persons who place an order in the exercise of their entrepreneurial, commercial, artisan or professional activity or their intermediary.
• Information about contracts entered by the Consumer: All the information required in accordance with the statutory provisions, or by the nature of the contract, relating to each individual contract concluded through the website https://www.aspria.com, such as, but not limited to, the main characteristics of the offered treatments, services or products, their price, any additional expenses or costs, the payment terms, deadlines and obligations, the delivery times, any expiry date of the product or service purchased shall be specified in the order form to be sent by the Consumer or in these clauses which shall be accepted electronically by the Consumer. If the nature of the contract does not allow the Consumer to get to know all the information or the total cost of the product or service while entering the order, the Consumer shall be promptly informed about it, in order to be able to assess whether to proceed anyway with the placing of the order, which shall be followed, as soon as possible, by the sending of such missing information and/or the quantification of the amount that shall be charged.
• Information about Consumer rights: All the information about the rights granted to the Consumer in accordance with the statutory provisions, such as, but not limited to, information about the right of withdrawal (when applicable), the legal guarantee of conformity of the products, any after sales service, the data protection policy, the way to purchase on the Company website, shall be specified in these General Terms and Conditions, or in the documents to which they refer and which are accessible through hyperlinks contained in these General Terms and Conditions.
• Information about statutory provisions: These Terms and Conditions (hereinafter also referred to as "Conditions") apply merely to contracts concluded by Consumers through Aspria e-shop at https://www.aspria.com. Any waiver or different terms and conditions proposed by the Customer shall be ineffective unless accepted in writing by Aspria. These Conditions are an integral and substantial part of the contract concluded online for the purchase of any product or service and are considered accepted by the Customer who has purchased a Treatment/Product and/or Service on the website https://www.aspria.com. All rights granted to the "Consumers" concluding distance contracts are wholly defined by Title III, Section II, of Legislative Decree 6 December 2005 206 (Consumer Code), as well as by Legislative Decree no. 70/2003 (containing provisions on electronic commerce), Legislative Decree no. 29/2010 (containing provisions on services in the domestic market), and EU Regulation no. 679/2016 on the data protection policy. Anything not expressly regulated by these General Conditions and the above mentioned legislative provisions shall be regulated by the Italian Civil Code.

 

2. Object of the contract

• The object of these General Terms and Conditions of Sale is the e-commerce selling of beauty treatments, products and/or services related to wellness and fitness (hereinafter, respectively, the Treatment, the Product, the Service) to the Customer according to the terms and conditions defined below. Each purchase presupposes full acceptance of these General Terms and Conditions of Sale and of the Company data protection policy.
• The website https://www.aspria.com provides two types of purchases:
  • beauty products, hereinafter and in the other parts of the website also referred to merely as "Products";
• vouchers for wellness treatments or fitness services, including personal training sessions, hereinafter and in the other parts of the website also referred to merely as "Treatments" and "Services". These vouchers can be purchased for yourself or for others and are also called "Gift card". The validity of the Voucher or Gift card shall be equal to 12 months from the date of issue indicated in the document (i.e. from the date of the e-mail message containing it).
• In the case a) transport costs may be foreseen, and these shall be clearly indicated during the purchase process, before the order is confirmed. In case b) no transport costs are foreseen, as the voucher and/or gift card is available online as a PDF file that shall be send to the beneficiary who can show it to the Club within the expiry date, to book and benefit from the requested Treatment or Service.
• Aspria reserves the right to sell the Products, Treatments and/or Services that will be available from time to time, modifying their availability and quantity at its own discretion.

 

3. Customer Responsibilities

• These General Terms and Conditions of Sale are available online at https://www.aspria.com and Customers can print them or store them digitally in their computer. Consumers should carefully read these General Conditions before purchasing products and/or services on the Aspria website. In any case, before completing the online purchase, the Costumer is made aware of these General Conditions that have to be fully and unconditionally accepted by ticking the specific checkbox in order to proceed with the purchase.

 

4. Contract agreement

• Purchase orders must be completed online through the order procedure on the website.
  • The Customer can fill in the order in the following ways:
    • the Customer who is registered on the website can just login entering the username and password;
    • the Customer who is not registered on the website can use the form "Guest User without registration".
• The Customer correctly ends the order procedure if the website does not show any error messages.

• The purchase contract is deemed to be concluded only when, once the order has been sent by the Customer and received by Harbour Club Milano SpA and the payment has been correctly made and received, the Seller’s computer system will have sent an e-mail confirming the purchased services and/or products and the other essential elements of the contract to the e-mail address provided by the Customer in the purchase order.

 

5. Price payment terms and methods

• All purchase prices indicated on the website https://www.aspria.com are expressed in Euro and VAT is already included.

• All prices are subject to change without notice.
• If the prices refer to the Products, they do not include transport costs which, however, shall be explicitly indicated in the order form.
• If the prices refer to vouchers and/or gift cards, there are no transport costs.
• At the same time as the order of the goods and/or service is entered the payment is sent by credit card or Paypal or other electronic payment systems indicated at the end of the procedure. If the payment fails, the contract cannot be considered concluded.

 

6. Shipping and delivery

• As far as the purchase of Products is concerned, Aspria delivers only within the Italian territory. Delivery is made as indicated while purchasing the Product and, in any case, no later than 14 working days after the order has been entered.
• All risks relating to the Product will pass to the purchaser when delivery is made.
• Thanks to its computerised system, Aspria ensures the processing and execution of orders with no delays. In order to ensure this, the number of the available products and of the unavailable ones and the shipping times as well are indicated in real time in its electronic catalogue. Should an order exceed the quantity stored in its warehouse, Aspria shall send an e-mail informing the Customer that the goods are no longer available or indicating the waiting time needed to obtain the chosen goods, asking the Costumer to confirm the order or to cancel it.
• If the delivery date cannot be met due to a delay in delivery by Aspria's manufacturer or supplier, Aspria shall promptly inform the Customer that delivery cannot be made. In this case Aspria reserves the right to make the Customer an alternative offer; in case of non-acceptance of the alternative offer the Customer shall have the right to withdraw from the contract.
• The voucher and/or gift card in PDF format is sent to the e-mail address provided by the Customer. The Customer is solely responsible for the accuracy of the e-mail address and for the possibility to deliver the e-mail.
• If the e-mail sending should encounter problems such as:
  • failure to receive the voucher and/or gift card (PDF file to be printed);
  • receipt of a corrupted file (which does not open or is incomprehensible or only partially visible once opened);
  • receipt of a voucher and/or gift card with incorrect or incomprehensible data;

the purchaser of the voucher and/or gift card is required, within the time of validity of the voucher or gift card in question, to contact Harbour Club Milano SpA by e-mail or telephone (using the contact details indicated on this page) highlighting the problem. Aspria shall work to solve the problem.

• The vouchers for which the Consumer has chosen the physical delivery shall be sent by post or courier to the address(es) indicated by the Consumer. In this case, the shipping costs indicated when purchasing or choosing the shipping or delivery method may be applied.

 

7. Withdrawal and refund
   • According to Art. 52 of the Consumer Code, the Consumer can withdraw from the contract within 14 days, starting from the date of stipulation (in case of voucher or gift card) or delivery (in case of purchase of goods).
   • Withdrawal right may be exercised by sending a registered mail with return receipt to the Company invoicing address or to the PEC address harbourclub@legalmail.it . For this purpose it is possible, but not mandatory, to use the attached withdrawal form. The burden of proof regarding the exercise of the right of withdrawal rests on the Consumer. It is understood that the right of withdrawal cannot be exercised after having used the Treatments/Services, even if the 14 (fourteen) day period provided for by law is not expired. Moreover, the parties expressly acknowledge that the will of the Consumer to withdraw must be unequivocally clear in the withdrawal communication. Partial withdrawal from the chosen Treatment and/or Service is not allowed.
   • The Consumer shall return the Products, for which he or she intends to excercise the right of withdrawal, following the instructions and using the address that Aspria shall communicate to him or her.
   • If the Consumer has correctly exercised his/her right of withdrawal, the Company shall refund the cost of the Treatment and/or Product and/or Service within and no later than 30 (thirty) days from the receipt of the withdrawal notice in case of vouchers or gift cards, or 30 (thirty) days from the receipt of the returned products, if they are intact and in perfect condition.
   • The goods must be returned intact and in their original packaging, they must not have been tampered with, opened or used.
   • The right of withdrawal cannot be exercised if one of the following contracts is concluded:
     • contracts relating to the delivery of sealed goods that cannot be returned for hygienic or health protection reasons, if the seal has been removed after delivery;
     • contracts relating to the delivery of goods if, given their nature, these goods have been inseparably mixed with other products after delivery.

• The refund only covers the price of the items and not the first shipping costs and the commission charges for the crediting.
• The shipping costs related to the return of the goods shall be charged to the Consumer.
• The refund shall be made using the same payment method used for the original transaction, unless an alternative payment method has been expressly agreed upon. No charge fee shall be charged for the refund.

 

8. Use of vouchers/gift cards - Period of validity of the services
   • In order to benefit from the Services and/or Treatments of a voucher or gift card, the Costumer has to show these documents to the reception of the chosen club when using the services contained in the voucher or gift card.
   • The Service shall be provided only on presentation of the voucher and according to availability. Therefore, it is necessary to book the Services/Treatments by contacting the numbers indicated in the documents and then follow the provided terms of use/cancellation/modification of the reservations.
   • Unless otherwise expressly stated or written on the virtual or physical vouchers, they are valid until 12 months from the date of issue, except for possible extensions of the validity period; after this period the right to use the services shall definitely be lost. No refund is due for unused services. If the voucher includes more than one service, all of them must be used on the same day.
   • If the voucher is lost, stolen, damaged, unused or expired, the Consumer shall not be entitled to any refund.

 

9. Force Majeure
   • The Company shall not be liable for delays or errors in fulfilling or performing any term of the Agreement occurring by reason of circumstances beyond its control, including but not limited to accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics and other similar events.
   • Aspria shall not be liable to any party for damages, costs and losses suffered as a consequence of failure to fulfill any term of this Agreement, should any event of Force Majeure as defined above occur. In this event the Customer shall only be entitled to a refund of the paid price.

 

10. Responsibility
    • The Company shall not be liable for any problems, risks or damages incurred by the Customer as a result of the Treatment/Product/Service.

 

11. Information and complaints - Warranty of Conformity
    • For any further explanation or complaint Aspria may be contacted at the addresses and contact details indicated in Art. 1.1 of these General Conditions.
    • The goods sold on the website https://www.aspria.com are covered by a guarantee of conformity in compliance with the provisions of Art. 128 et seq. of the Consumer Code (Legislative Decree 206/2005).

 

12. Privacy and Data protection

• To conclude the contract the Costumer can use the specific form on Aspria website to communicate or indicate all the personal data that are considered necessary to complete the order.
• The purposes of the collection and processing of personal data as well as all the rights that can be exercised by the Customer in relation to personal data processing are indicated in the Data Protection Policy, which can be found at the following link.

 

13. Applicable Law and Jurisdiction
    • The Italian Law applies to the website https://www.aspria.com.
    • Any dispute arising from the application, execution, interpretation and breach of purchase contracts concluded online on the website https://www.aspria.com is governed by Italian law.
    • Any dispute between the parties arising from this contract shall fall within the jurisdiction of the Court of the city where the Costumer lives, if it is located in the Italian territory; for all other Customers it is agreed that any dispute shall fall within the exclusive jurisdiction of the Court of Milan (Milan).

 

Company, fiscal and contact details

Company name: Harbour Club Milano S.p.A

Place of business: Milan, via Cascina Bellaria n. 19

Registered office: Milan, via Cascina Bellaria n. 19

VAT number: 11622810155

Tax code: 00605370147

Telephone and fax: +39 02 4528600 - +39 0240910888

E-mail: info@harbourclub.it

Certified E-mail (PEC): harbourclub@legalmail.it

Person responsible for data processing: Thomas Sander