FEEL GOOD ITALY SRL P. IVA/C.F. 15874901000 with registered office in Via Mozart, 7/B, 00159 Rome and registration in the Companies Register of Rome REA RM 1620120 (starting now also referred to as the “Supplier” or “Feel Good”) is a company specialized in the network marketing sector, operating in the fields of cosmeceuticals and nutraceuticals, medical devices and personal care and wellbeing in general, which intends to distribute its products through the online distance selling channel. These General Sales Conditions regulate the offer and sale of a wide range of products in the online catalogue for personal care and psychophysical wellbeing (“Products”) through the Website www.feelgooditaly.com (“Website”) offered and sold by Feel Good.
Scope and Website Navigation
These General Terms and Conditions of Sale apply to all sales made by Feel Good on the Website. The offer and sale of Products on the Website constitute a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and by Legislative Decree no. 70 of 9 April 2003, which governs e-commerce. The General 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 Website, in the Terms and Conditions section, which the Customer must read carefully. The applicable General Conditions of Sale are those in force on the date the purchase order is sent and are applicable in the following States: Italy.
Purchases on the Website
The purchase of Products on the Website is allowed to all those who are 18 years of age or older and are consumers, i.e. physical persons who, concerning the purchase of Products, are acting for purposes unrelated to their entrepreneurial, commercial, professional or craft activity. The Customer is allowed to purchase several Products with the same order. In the case of requests, from whomever they come from, that is anomalous about the quantity of the products purchased or the frequency of the purchases made, Feel Good reserves the right to take all necessary actions to put an end to the irregularities, including the non-acceptance or cancellation of the irregular orders or the suspension of access to the Website or the cancellation of the registration to the Website.
The purchase of Products on the Website takes place after free registration. When registering on the Website and purchasing through the Website, the Customer expressly accepts these General Conditions of Sale. The Customer must fill in the appropriate form, entering all the required data (including name, surname, e-mail address). A specific communication shall confirm the registration via e-mail. During registration, the Client may be asked to indicate the code of the person in charge through whom he/she may have come into contact with Feel Good. The access credentials are strictly personal and must be kept with extreme care and attention; they cannot be given to third parties. The Customer undertakes to inform Feel Good immediately if they suspect or become aware of any improper use or disclosure of the credentials. Registration on the Website, through the opening of a personal account, allows the Customer to save his/her data so that it can be reused for the payment of subsequent purchases, to access all information relating to orders and returns, and to update his/her data at any time. The Customer guarantees that the personal information provided to Feel Good is complete and accurate and agrees to indemnify and hold Feel Good harmless from any damages, compensation obligations and/or sanctions arising from and/or in any way connected to the Customer’s violation of the rules on registration to the Website or the storage of registration credentials.
Conclusion of the contract
Feel Good informs the Client that to conclude the contract for purchasing one or more Products on the Website, the Client must fill out a form in electronic format and send it to Feel Good electronically, following the instructions on the Website. The contract is concluded when the order form reaches Feel Good’s server, after verifying (before sending it) that all information is correct. Once the order form has been received, and the confirmation of the validity of the means of payment used has been received, Feel Good will send the Customer, at the e-mail address indicated, the validation and summary of the order, specifying the amount of the delivery costs, as well as information on the right of recession. The form will be filed in Feel Good’s database for the time necessary to execute it and, in any case, within the terms of the law.
Availability of Products
Feel Good ensures the timely processing and fulfilment of orders placed by the Client and indicates real-time, within its electronic catalogue, the number of products available and their delivery times. However, several Customers may purchase the same product at the same time. In such cases, Feel Good shall inform the Customer of the temporary impossibility to proceed with the purchase order and of the possible waiting time through an e-mail sent to the address provided. The Customer shall then be entitled to immediately terminate the contract for one or more of the Products that are no longer available unless he/she accepts an extension of the delivery terms, or, where a new product is not available, he/she agrees with the supply of a different product of equivalent or higher value, upon payment, in the latter case, of the difference. Suppose the Customer avails himself of the right to terminate the contract. In that case, he will be promptly reimbursed for the total amount paid (including any shipping costs). The refund will be communicated to the Customer by e-mail and credited to the same payment method used by the Customer for the purchase. Feel Good shall not be held responsible for any delays in crediting the refund due to the bank, the type of credit card, or the payment method used.
Each product is accompanied by an information schedule illustrating its main characteristics. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. The photos of the product present on the Website may differ from the original; such images are illustrative. The Supplier shall not be held liable for the consequences arising for the Customer in the event of allergic reactions or damages complained of due to the components and intrinsic properties of the Products, duly indicated on the external packaging of the Products, in the instructions inside the Products or the description of the Products. The Customer must, in any case, carefully read the composition and the instructions on the packaging since the report on the Website is not exhaustive of all the characteristics of the product.
If there is a contrast between the information on the Website and the information on the product packaging and inside the packaging, the latter will prevail. Feel Good shall not be held responsible for the consequences deriving from a defective product if the state of scientific and technical knowledge did not allow the product to be considered defective at the time of the sale. Furthermore, no compensation will be due if the damaged party was aware of the product’s defect or the danger arising from it and nevertheless voluntarily exposed himself to it, or if he caused the damage himself. In any event, the aggrieved party must prove the defect, the damage and the causal connection between them.
Prices and payment
All the prices of the Products published on the Website are inclusive of VAT and any other tax. If present and not included in the purchase price, the shipping costs and any additional charges will be indicated and calculated during the purchase procedure on the Website, summarizing the order itself and present in the confirmation communication. Feel Good reserves the right to modify the price of the Products, at any time, without prior notice, it being understood that the fee charged to the Customer will be the one indicated on the Website at the time the order is placed and that any variation (increase or decrease) after the transmission of the order will not be taken into account. The Products shall remain the property of Feel Good until the Customer has paid the total amount due. If the payment is not successful, the purchase contract will be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the Customer will be notified by e-mail of the cancellation of the order.
Delivery of Products
Feel Good shall dispatch the Products only after receiving confirmation of the successful payment of the Total Amount due by the Customer. The Products’ risk of loss or damage due to causes not attributable to Feel Good shall be transferred to the Customer, when the latter, or a third party designated by him and different from the carrier, takes physical possession of the Products. The delivery of the Products purchased on the Website is made in all the countries indicated on the Website to the shipping address indicated by the Customer in the order form. The Customer must enter a shipping address on the order form within the country’s borders associated with the purchase. Orders containing the indication of a shipping address outside these borders will be cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code, and any amount paid will be refunded in the manner and under the terms of these general conditions. The Customer bears the shipping costs of the Products and any other additional costs. The relative amounts will be expressly and separately indicated (in euros and inclusive of VAT) in summary in the order confirmation e-mail. The delivery terms are shown in the order summary and the order confirmation e-mail. The delivery obligation is fulfilled by transferring the material availability or otherwise controlling the Products to the Customer. It is the Customer’s responsibility to check the condition of the product delivered to him/her. It is understood that the risk of loss or damage of the Products, for causes not attributable to Feel Good, is transferred to the Customer when the latter, or a third party appointed by the same and different from the carrier, materially comes into possession of the Products. It is also the Customer’s responsibility to verify the integrity of the packaging and the number of Products received. He is invited, where possible, to indicate any anomalies on the carrier’s transport document.
If the packaging presents evident signs of tampering or alteration, the Customer must promptly notify Customer Service. This is without prejudice to applying the rules on the right of withdrawal and the legal guarantee of conformity. In case of non-delivery due to the absence of the addressee at the address specified in the order form, the Customer undertakes to follow the instructions of the courier and Feel Good. Suppose, despite all attempts, the delivery is unsuccessful, or the Customer does not respond to the Customer Service’s contact attempt. In that case, the product shall be returned to Feel Good. In any case, 15 calendar days from the first delivery attempt, the contract shall be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Italian Civil Code. If the product is not delivered within the agreed term, the Client is entitled to terminate the contract immediately.
Right of withdrawal
The Customer consumer has the right to withdraw from the Product purchase contract, without having to provide any reason, within the term of 14 (fourteen) calendar days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires possession of the Products. To exercise the right of withdrawal, the Customer must inform Feel Good, before the expiry of the Withdrawal Period, of its decision to withdraw. The Customer may also communicate its express intention to withdraw from the contract to Feel Good’s Customer Service, indicating the order number, the product (s) for which it intends to exercise the right of withdrawal and its address. Suppose the Customer decides to communicate his intention to withdraw. In that case, it is in his interest to use a durable medium since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the withdrawal period lies with the Customer. Following the practice of the right of withdrawal, the Customer shall return the Products to Feel Good, without undue delay and in any case no later than 14 calendar days from the date on which it communicated to Feel Good its decision to withdraw. The product shall be deemed to be returned when it is handed over, within the term mentioned above, to the chosen courier. Once it has received the returned product, Feel Good will refund the Client’s total amount for the product, including delivery costs, without undue delay. The product must be kept, handled and inspected with due diligence and returned intact, complete in all its parts, perfectly working, with all the accessories and illustrative sheets, provided with the protective film, with the identification tags and labels, if present, still attached to the product and intact and not tampered with, as well as perfectly suitable for its intended use and without signs of wear or dirt.
Moreover, the withdrawal shall apply to the product in its entirety. Therefore, it cannot be exercised concerning parts and/or accessories of the product. Suppose the withdrawal has not been exercised following the provisions of the applicable legislation. In that case, it shall not result in the termination of the contract and, consequently, shall not give rise to any right to reimbursement.
Legal Warranty of Conformity
The Legal Guarantee of Conformity covers all products sold on the Website exclusively to consumer Customers provided for by articles 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”). A conformity defect exists when the purchased Product: 1) is not suitable for the use for which goods of the same type are usually used; 2) does not comply with the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample; 3) does not present the qualities and performances that are usual for goods of the same type, or that the consumer can reasonably expect, also taking into account the statements made in the advertising or on the label; 4) is not suitable for the particular use intended by the consumer if the consumer Customer has made Feel Good aware of this and has accepted it. Therefore, failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the product that is not in conformity with its intended use and/or with the instructions for use are excluded from the scope of the Legal Guarantee of Conformity. The Vendor is liable to the consumer for any lack of conformity existing at the time of delivery of the product, which becomes apparent within two years of such delivery and which is reported to the Vendor (Customer Service at the addresses given at the end of these Conditions), under penalty of forfeiture of the warranty, within two months of the date on which it was discovered. Unless there is proof to the contrary, it is assumed that the lack of conformity that becomes apparent within six months of delivery of the product already existed on that date, unless such an assumption is incompatible with the nature of the product or the nature of the lack of conformity. After six months from the delivery, it shall be the consumer Customer’s burden to prove that the conformity defect already existed when delivering the same. In any case, the product concerning which the Client claims a conformity defect must be sent to Feel Good’s customer service, which will verify the existence or non-existence of the claimed defect.
To benefit from the Legal Guarantee of Conformity, the Customer shall provide proof of the date of purchase and delivery of the goods. Once Feel Good has ascertained the conformity defect duly reported within the terms, the Customer shall be entitled, if possible, to the repair or replacement of the goods, free of charge, at his/her choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other; only if it is not possible to reduce the price or terminate the contract, at his/her choice. The remedy requested is costly if it imposes unreasonable expenses on the seller in comparison with alternative treatments which may be available, taking into account the value which the goods would have if there were no lack of conformity, the extent of the lack of agreement, the possibility that the alternative remedy may be available without significant inconvenience to the consumer.
Applicable law and competent Court. Out-of-court settlement of disputes
The purchase contract concluded on the Website is governed by Italian law. Any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be settled by the Court of the place where the Customer resides or has elected domicile. Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, no. 206 (Consumer Code), Feel Good as a result of this, inform the Customer who qualifies as a consumer under the Consumer Code that, if he/she has submitted a complaint directly to Feel Good following which it has not been possible to resolve the dispute thus arising, Feel Good shall provide 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 based on these General Terms and Conditions of Sale, indicating whether or not it intends to use such bodies to resolve the dispute. A European platform for the online resolution of consumer disputes (“ODR Platform”) has been set up for the Customer who is a consumer under the Consumer Code and can be consulted at http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer client will be able to consult the list of ADR entities, find the link to the Website of each of them and initiate an online resolution procedure for the dispute in which he is involved. This is without prejudice, in any case, to the right of the Client-Consumer to bring an action before the ordinary judge with jurisdiction over the dispute arising from these General Terms and Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of promoting an out-of-court settlement of disputes relating to consumer relations through recourse to the guidelines set out in Part V, Title II-bis of the Consumer Code.
Customer Service and Complaints
Any communication regarding these General Conditions, including the transmission of withdrawal and any complaints, may be forwarded to Feel Good’s Customer Service: by e-mail, firstname.lastname@example.org by post, writing to Feel Good Italy SRL, Via Mozart, 7/B – 00159 – Roma (Rome).
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