GENERAL TERMS AND CONDITIONS OF SALE
Article 1 - Purpose and Scope
These General Terms and Conditions of Sale (hereinafter referred to as "CGV") govern the sale of services and products offered by San Siro Benessere S.r.l. at the De Montel spa located in Milan, via Achille n.6 (hereinafter the "Seller"), carried out:
- through the official online shop, the www.demontel.it (hereinafter referred to as the 'Website");
- at the reception desk of the De Montel spa centre, located in Milan, via Achille no. 6 (hereinafter referred to as the "Reception").
Transactions are governed by the provisions of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), Legislative Decree no. 70 of 9 April 2003 (E-Commerce), as well as - with regard to the protection of personal data - by EU Regulation 2016/679 (GDPR) and Legislative Decree no. 196/2003 as amended.
Article 2 - Acceptance of the GTC
With the purchase made via the Site or Reception, the Customer accepts these General Terms and Conditions in full and unconditionally, without reservation, and undertakes to abide by them. Acceptance shall also be deemed valid pursuant to Articles 1341 and 1342 of the Civil Code.
The purchase of services and products - whether through the Site or Reception - also implies full acceptance by the Customer of the Rules of Conduct to be observed within the De Montel establishment, which can be consulted at the following link https://www.demontel.it/regolamento-stabilimento-termale-de-montel-terme-milano/
Article 3 - Types of purchase.
- a) Service Vouchers.
Vouchers linked to a specific Day SPA entrance, treatment, massage or itinerary among those indicated on the website Milan Spa - De Montel (hereinafter referred to as the 'Voucher"). The Voucher:
- is not divisible, but can be converted into services of a higher value with a possible adjustment;
- is identified by a unique alphanumeric code;
- is valid for a single use, even if it includes several services (to be used on the same day).
- b) Wellness Card/Gift Card
These are prepaid instruments, associated with the holder's personal data, which can be used to purchase any of the services offered at the De Montel spa.
Features of the Wellness Card/Gift Card:
- It can only be used by the holder for the entire catalogue of available services;
- It may be shared with third parties provided that the holder is present and up to the available value;
- It may only be transferred to third parties by written authorisation, accompanied by a copy of the identity document of the delegating party and the delegate;
Article 4 - Commitments of the Client
The Customer is obliged to read these GTC before proceeding with the purchase, whether via the Site or Reception.
Making a purchase via the Site or Reception implies full knowledge and acceptance of these GTC.
With the conclusion of the purchase procedure - whether via the Site or Reception - the Customer undertakes to keep a copy of the GTCs, already viewed and accepted, in compliance with the provisions of Articles 45, 49 and 51 of the Consumer Code (Legislative Decree No. 206/2005).
Article 5 - Conclusion of the contract
All prices quoted include VAT in accordance with the law and are gross of any ancillary charges.
The contract shall be deemed to have been concluded and legally binding at the time when:
- The Customer has made full payment of the price of the service or product selected;
- The corresponding Voucher was issued and transmitted, which constitutes confirmation of the sale.
In the event of a purchase made through the Site, the Voucher shall be issued to the e-mail address provided by the Customer during the registration or purchase procedure. In case of purchase at the Reception, the Voucher shall be delivered directly to the Customer.
Any material errors in entering the customer's personal data or in the transmission of the voucher must be promptly reported to Reception, or by calling +39 02 500 70 100 or writing to the e-mail address booking@demontel.itto allow for its correction.
Article 6 - Validity and Use of Vouchers
Following the purchase, the selected services will be summarised in a Voucher issued by the Seller and sent to the Customer:
- to the e-mail address provided during registration for purchases on the Site, or;
- printed and handed in directly at Reception, for purchases made at Reception.
The purchase of a Voucher does not constitute an automatic booking. In order to access the services, a prior reservation must be made by contacting De Montel by e-mail or telephone. On the day of the reservation, the customer must present the Voucher at the reception desk as a necessary condition for receiving the purchased service.
The Voucher shall be valid for twelve (12) months from the date of issue indicated on the document itself. After this period has expired, any right to use the Voucher shall automatically lapse, with no possibility of reimbursement.
Services temporarily unavailable.
Should one or more of the services included in the Voucher be temporarily or partially unavailable for reasons beyond the control of the facility or due to the organisation of events at the facility, the Customer shall be entitled to:
(i) to use alternative services of equal value during the same period of validity of the Voucher or, alternatively
(ii) a proportional extension of the validity of the Voucher, limited to the days of non-use.
In both cases, there is no indemnity or reimbursement, in whole or in part.
Any temporary suspension of one or more services for reasons not attributable to the De Montel facility or related to events organised at the facility will be communicated to the Customer via the website. Where possible, the De Montel facility may also send communication via the contacts provided by the Customer (e.g. email or SMS), however it remains the Customer's responsibility to consult the website, even after booking, in order to remain updated on any changes in the provision of services.
Additional conditions.
Vouchers that include several services must be used on a single day.
In the event of loss, theft, damage, non-use or expiry of the Voucher, the Customer shall not be entitled to any refund or reissue.
7 - Changes and Right of Withdrawal
Changes to the reservation.
Changes to the booking must be communicated at least 48 hours in advance. Otherwise, the Voucher shall be deemed to have been used.
Right of withdrawal
Pursuant to Article 52 of the Consumer Code, a customer who has made a purchase via the Site or by telephone has the right to withdraw within fourteen (14) days, from the date of purchase, provided that
- The Voucher has not been used, transferred or booked;
- No loss of entitlement for no-show or late modification of the reservation.
Notice of withdrawal must be sent by PEC or registered letter to the following address:
San Siro Benessere Srl a Socio Unico
Company subject to management and coordination Terme & SPA Italia S.r.l
Registered Office: Via Fetonte 12 - 20121 Milan
Tax code and VAT number: 10705410966
PEC: tb05srl@pec.it
In the event of a valid withdrawal, the amount paid less an administration fee of 5% will be refunded.
8 - Complaints and Assistance
For information or reports, please call: +39 02 50070100
9 - Applicable Law and Jurisdiction
The GTC are governed by Italian law.
Any disputes shall be settled by the Court of the place of residence or domicile of the Customer, if located in Italy. Alternatively, the Court of Milan shall have jurisdiction.
10 - Final Clauses
Pursuant to Article 1341 of the Civil Code, the Customer declares that he/she expressly accepts the clauses contained in the following articles:
1 (Subject Matter), 3 (Types of Purchase), 5 (Conclusion of Contract), 6 (Validity and Use of Vouchers), 7 (Changes and Right of Withdrawal), 9 (Applicable Law and Jurisdiction).