TERMS AND CONDITIONS

The site is in full ownership and exclusive property of Chill Remedy S.R.L., headquartered in Corso Indipendenza, 5 – 20129 Milan (Italy), VAT number: IT11669080969

The user, browsing this area, accesses Chill Remedy (https://www.chillremedy.com): browsing and transmitting a purchase order on the site involves the acceptance of these General Conditions.

If you do not intend to accept these Terms and Conditions, you are not authorized to make any use of this website and are invited to stop all uses immediately.

Premises

These General Conditions regulate the use of the site and regulate purchases made on the same, in accordance with the provisions of the Consumer Code, Legislative Decree n. 206/2005, as amended by Legislative Decree n. 21/2014, by Legislative Decree n. 70/2003 on e-commerce and the EU Regulation 2018/302 of the European Parliament and Council.

  • Users can browse the site and take advantage of the services offered by scrupulously complying with these General Conditions.
  • Chill Remedy reserves the right to modify these General Conditions at any time in order to adapt them to your operational needs or to comply with the latest regulations; these changes will take effect from the date of their publication on the site and will be made known to the user through a special communication or in the reserved area of the site.

Object

You are informed that the site and Chill Remedy are not responsible for the use of the products offered for sale through it. The site is subject to Italian law and European legislation and is therefore exempt from any liability deriving from any violations of the regulations of the countries where the goods are shipped. The user, therefore, will have to ascertain the national legislation and comply with it, personally assuming all the responsibilities in case of violation.

The site works as an e-commerce showcase for the end user who remotely purchases the goods indicated and offered for sale on the same. The contract ends exclusively through the internet, through the access of the end user to the address of the site and the realization of a purchase order according to the procedure provided for by the site itself.

The end user, before the conclusion of the purchase agreement, must take vision of the characteristics of the goods that are illustrated in the individual product sheets at the time of choice. Before the conclusion of the purchase agreement and before the validation of the order with “payment obligation”, the end user is informed about:

  • the total price of the goods including taxes, with details of the shipping costs and any other costs;
  • method of payment;
  • the approximate shipping and delivery times of the products;
  • conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions);
  • after-sales assistance conditions and commercial guarantees provided by Chill Remedy;
  • The sales contract is considered concluded with the sending by the site to the end user of an email confirming the order. The email contains the end user’s data and the order number, collected in accordance with the Privacy Policy of the site, the price of the goods purchased, the units of goods purchased, the shipping costs and the delivery address to which the goods will be sent. For courier shipments, the end user will then receive an additional e-mail showing the status of the order with the tracking code to monitor the shipment. The end user undertakes to verify the correctness of the personal data contained in it and to promptly notify Chill Remedy of any corrections.
  • Chill Remedy is committed to describing and presenting items sold on its site in the best possible way. Photographs of the products presented on them do not constitute a contractual element, as they are only representative.
  • The end user can at any time and in any case before the conclusion of the contract, become aware of the information related to the site, as follows: Chill Remedy S.R.L. – Corso Indipendenza, 5 – 20129 – Milan (Italy), IT – VAT number: IT11669080969 – e-mail: [email protected]

Site and product availability

Chill Remedy will use the utmost care to avoid interruptions of service and ensure its smooth operation. Due to the digital nature of the service, you acknowledge that Chill Remedy will not be liable for any consequences arising from outages. In any case, short periods of suspension of the service due to maintenance activities of hardware and software equipment will be possible, suspensions of which users will be informed in advance as far as possible. Chill Remedy also reserves the right to discontinue or suspend the operation of the site at any time or to deactivate it definitively.

Product availability refers to actual availability at the time the end user places the order. This availability must, however, be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other end users before the order is confirmed.

Even after sending the order confirmation email sent by the site, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the deletion of the unavailable product and the end user will be immediately informed by e-mail.

Registered users

In completing the registration procedures, the user undertakes to follow the indications on the site and to provide his personal data in a correct and truthful manner. The confirmation will in any case exempt Chill Remedy from any responsibility for the data provided by the user. The user undertakes to promptly inform Chill Remedy of any change in his data at all time communicated. If the user communicates data that is not exact or incomplete, or in the event that there is a dispute by the interested parties about the payments made, Chill Remedy will have the right not to activate or suspend the service until the relative shortcomings are remedied. On the occasion of the first request to activate a profile by the user, Chill Remedy will assign the same username and password. The user acknowledges that these identifiers constitute the system of validation of the accesses of the aforementioned to the services and the only system suitable to identify him, as well as that the acts carried out through this access will be attributed to him and will have binding effect against him. The user undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to sell them even temporarily to third parties.

Prices and methods of payment

Shipping costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before the payment is made.

You agree to chill remedy’s right to change your prices at any time; however, the goods will be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the confirmation email sent by the site to the end user.

In the event of a computer error, manual, technical, or any other error that may result in a substantial change, not provided for by Chill Remedy, of the selling price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the end user will be refunded within 14 days from the day of cancellation.

The end user will also be able to make use of discount vouchers or discount codes promptly communicated in specially written channels or other Chill Remedy communication channels.

Any payment by the end user can be made by credit card, debit card or rechargeable, bank transfer or cash on delivery. 

Shipping method

Chill Remedy will only accept orders to be delivered on the website in Italy and the Republic of San Marino; orders to be delivered to EU countries and the UK should only be made on specific request by email.

The methods of delivery of the products vary according to the place of destination and are those indicated on the site and that are referred to in full here; the delivery times of the ordered products vary depending on the place of destination and are those approximately indicated on the site and that are referred to in full here, or those indicated by the express courier in case of shipment through this mode.

If the delivery cannot take place for reasons attributable to the recipient, the contract is intended immediately terminated and the user will be charged all the costs of the shipment, as well as the additional transport costs resulting from the termination of the contract.

In the cases identified on the site, where the shipping costs are borne by the buyer, the amount of the same is the amount indicated at the time of placing the order.

Rights and obligations of the parties

  • The user is solely responsible for accessing the site. All services rendered by the site, including support and documentation, remain in the full and exclusive ownership of Chill Remedy, having the user only the availability in use limited to the period and modalities referred to in these General Conditions.
  • Chill Remedy excludes any liability, within the limits of what is required by law, in relation to the information and data provided through the site.
  • Chill Remedy specifies that you have a non-exclusive right of use for your private use of the service, which cannot be obtained and cannot be used to carry out activities and provide services to third parties. You are not authorized to accord or grant, free of charge or for a fee, in any way, the rights to use the service to third parties foreign to Chill Remedy. The user is not even authorized to grant, free of charge or for a fee, a sub-license of use. You undertake not to reproduce, duplicate, copy, sell, framing, resell or otherwise use for commercial or any other purpose, the service or any part there of it, as well as the use of the service itself. You may also not under any circumstances transfer, or assign, a part or all of your obligations arising from these terms of use to third parties.

Right of withdrawal and legal guarantee of conformity

In accordance with the provisions in force, the user has the right to withdraw from the purchase within the essential period of 7 days from the date of receipt of the products. The user who intends to exercise the right of withdrawal must communicate it to Chill Remedy by explicit declaration, which can be transmitted by e-mail to the address [email protected] or registered letter. In case of exercise of the right of withdrawal, the user must send the assets back to Chill Remedy S.R.L. – Corso Indipendenza, 5 – 20129 – Milan (Italy), within the essential period of 7 days from the day on which he communicated his will to withdraw. An essential condition for the exercise of the right of withdrawal is the return, within   the indicated time limits, of the intact goods, not used in any way, fully sealed in the original packaging, complete in all its parts without any alteration of the packaging itself, the label and/or the seal of guarantee.

Without prejudice to the right to verify compliance with the above, Chill Remedy will refund the amount of the products subject to withdrawal within a maximum period of 14 days, excluding the shipping costs that will be entirely borne by the user.

In accordance with the regulations in force, Chill Remedy will refund only after the return of the goods and after verification of its integrity as specified above.

In case of receipt of products that do not comply with the order, the user at the time of delivery must immediately dispute, also by written communication, the difformity of the products to Chill Remedy who will replace them.

Responsibility and passage of risk

Chill Remedy is not liable for damages that may result from the service provided, except in cases of malicious and gross negligence within the meaning of Article 1229 c.c.

In particular, Chill Remedy is not responsible for data loss caused, for example, by problems caused or related to the dissemination of information through the internet, such as disruptions or interruptions.

The risks related to the products will be borne by the buyer from the moment of delivery. Ownership of the products is deemed to have been acquired at the time of full payment of all amounts due, including shipping costs, or at the time of delivery if it were to take place at a time after payment.

The site and its contents are the exclusive property of Chill Remedy and/or its successors and/or any third parties indicated by Chill Remedy; they enjoy the protection of existing legislation on the protection of industrial and intellectual property rights.

Unless otherwise and expressly provided, all materials available on the site such as, but not limited to, logos, trademarks, distinctive signs, photographs, texts may be used for information and/or personal purposes only; any other other use is prohibited and must take place only with the express and written authorization of Chill Remedy, the sole and exclusive holder of the rights in any capacity that can be exercised on them. It is expressly forbidden to carry out any commercial use or distribution, unless expressly authorized in writing by Chill Remedy. The names of products and companies that may be mentioned on the site may be trademarks of their respective owners: therefore, the unauthorized use of the same is expressly prohibited.

Reproduction of the graphics and structure of the site is prohibited: any constituent element of the same cannot be copied or imitated. No rights are granted to you on the software related to the site, including updates, and its source codes. The user is prohibited from having the activities referred to in art. 64-bis L. 633/41 such as, but not limited to, the extraction, reproduction, translation, adaptation, distribution to the public, in whatever form implemented, or the transfer to third parties of the Software in any capacity made, whether onerous or free.

Without the express written permission of Chill Remedy, you are prohibited from performing interventions on the Software, even if for the correction of any defects and/or defects; only, also forbidden to the User all activities of duplication, de-compilation, disassembly, transformation, modification of the software. It is allowed to use the direct links to the homepage and internal pages of this site provided that the user’s site in which the link is created is not related to the fulfillment of any type of crime or any other activity contrary to Italian and European law.

In any case, all the rights of use of the site and its individual components not expressly granted are to be considered exclusive, confidential and not usable by the User.

Intellectual and industrial property

  • The site and its contents are the exclusive property of Chill Remedy and/or its successors and/or any third parties indicated by Chill Remedy; they enjoy the protection of existing legislation on the protection of industrial and intellectual property rights.
  • Unless otherwise and expressly provided, all materials available on the site such as, but not limited to, logos, trademarks, distinctive signs, photographs, texts may be used for information and/or personal purposes only; any other other use is prohibited and must take place only with the express and written authorization of Chill Remedy, the sole and exclusive holder of the rights in any capacity that can be exercised on them. It is expressly forbidden to carry out any commercial use or distribution, unless expressly authorized in writing by Chill Remedy. The names of products and companies that may be mentioned on the site may be trademarks of their respective owners: therefore, the unauthorized use of the same is expressly prohibited.
  • Reproduction of the graphics and structure of the site is prohibited: any constituent element of the same cannot be copied or imitated. No rights are granted to you on the software related to the site, including updates, and its source codes. The user is prohibited from having the activities referred to in art. 64-bis L. 633/41 such as, but not limited to, the extraction, reproduction, translation, adaptation, distribution to the public, in whatever form implemented, or the transfer to third parties of the Software in any capacity made, whether onerous or free.
  • Without the express written permission of Chill Remedy, you are prohibited from performing interventions on the Software, even if for the correction of any defects and/or defects; only, also forbidden to the User all activities of duplication, de-compilation, disassembly, transformation, modification of the software. It is allowed to use the direct links to the homepage and internal pages of this site provided that the user’s site in which the link is created is not related to the fulfillment of any type of crime or any other activity contrary to Italian and European law.
  • In any case, all the rights of use of the site and its individual components not expressly granted are to be considered exclusive, confidential and not usable by the User.

Applicable law and competent court

These General Conditions of the site and the relationship between Chill Remedy and the user are governed by Italian law. Any dispute arising out of or connected with these terms or the use of the service will be referred to the Forum defined by Legislative Decree. 205/2006 (Consumer Code).

Processing of Personal Data

Users’ personal data will be processed for the purposes indicated in the Privacy Policy prepared by Chill Remedy and available on the site. 

Amendments and final clauses

Chill Remedy reserves the right to make changes to the website and these General Conditions at any time. The user must always refer, as an existing version, to the text published on the site at the time of consultation. Should any of the clauses of these General Conditions be declared null or void by the competent authority, the General Conditions shall continue to be fully effective for the party not affected by such invalidity or ineffectiveness. The fact that Chill Remedy or you disjointly do not at any time enforce the rights granted to them by one or more conditions of these General Conditions cannot be understood as renouncing these rights, nor will it prevent you from subsequently demanding compliance with any and any clause of these General Conditions.