Terms and conditions

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Terms & Conditions

This document contains the general terms and conditions of use of the www.takeinshop.com website that offers articles aimed at:

health, body and personal care, well-being in general, provided by the owner of the Application

1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and

plural, shall have the following meaning:

Owner: Fabrizio Domenico Scuratti, Via C. Pessi, 4, C.F. SCRFRZ67R17F704J, VAT number 07039920967, PEC address scuratti.f@pec.it
Application: The website www.takeinshop.com
Products: the material products, sold by the Owner
User: any person who accesses and uses the Application
Consumer User: the natural person of legal age who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity that may be carried out
Content: any textual or multimedia element present on the Application, for example announcements, advertisements, reviews, images, etc.
Conditions: this contract governing the relations between the Owner and Users and the sale of the Products offered by the Owner through the Application.

2. Detailed information about the Application's offer

The Application provides Users with

- devices and products to perform specific home treatments to improve temporomandibular disorders and in general to relieve joint pain and muscle pain in the body.

- home teeth whiteners and oral hygiene products

- items for the protection of hands, respiratory tract and eyes such as gloves, masks, sunglasses, etc ...

- sports equipment for domestic activities such as cardiofitness, weights, exercise bikes, etc ...

- sports equipment for outdoor activities and sports facilities such as mountain hikes, padel, tennis, etc ...

- products for cosmetics, beauty and body care such as anti-cellulite creams, sunscreens, hair wraps, perfumes, massage oils, etc ...

- devices to support sports activities such as smartwatches, fitness bracelets, pedometers, etc ...

- articles for self-diagnosis and physical well-being such as: thermometers, pulse oximeters, self-medication, orthopedic soles, etc ...

- PET articles and accessories, dedicated to pets.

3. Scope of the Conditions

The use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Conditions and / or any other notice, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.

The Conditions may be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.

The Owner reserves the right to change, at its discretion, at any time, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.

4. Purchase through the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are allowed to Consumer Users.

Purchases are allowed to natural persons only on condition that they are of legal age. For minors, any purchase and/or request for the supply of Products through the Application must be screened and authorized by their parents or by the operators of parental responsibility.

The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.

The contract of sale of the Products is concluded with the acceptance by the Owner of the User's contractual proposal.

The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery address, the times and any delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract of sale of the Products is not considered effective between the parties in default of what is indicated in the previous point.

In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.

5. Prices and payments

For each Product the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

In addition, all taxes, additional charges and delivery costs that may vary depending on the destination, the chosen delivery method and / or the payment method used will be indicated. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.

The Application uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, name of the holder, password, etc.).

If these third-party instruments deny authorization for payment, the Owner will not be able to supply the Products and cannot be considered responsible in any way.

6. Invoicing

The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner any wider indemnity in this regard.

7. Methods of delivery of Material Products

The Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and reported in the order confirmation.

Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event that there is obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User may not make any objection about the external characteristics of the Products delivered.

The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract due to force majeure.

8. Right of withdrawal of Users from the purchase of Material Products

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address help@takeinshop.com, using the optional withdrawal form referred to in the following article or any other written declaration.

In the case of separate delivery of several Products, ordered by the Consumer User with a single order, the term of 14 days for exercising the right of withdrawal starts from the day on which the last Product was received.

In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared to bear it.

In case of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated his intention to withdraw from the contract.

The Owner is not obliged to reimburse the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.

9. Cases of exclusion of the User's right of withdrawal

The right of withdrawal from the contract of sale or supply of the Products by the User is excluded relationally:

the supply of Products whose price is linked to fluctuations in the financial market that the Owner is not able to control and which may occur during the withdrawal period
the supply of Products made to measure or clearly personalized
the supply of Products that are likely to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration also as a result of inappropriate storage
the supply of sealed Products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery
the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
to contracts in which the User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the Owner or a professional in charge provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods
the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery
the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
contracts concluded at a public auction
the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services related to leisure activities where the contract provides for a specific date or period of performance

For further clarification, please contact the Data Controller at the e-mail address help@takeinshop.com.

10. Optional form to exercise the right of withdrawal

The User can withdraw using the following form that must be completed in its entirety and sent to the e-mail address

help@takeinshop.com before the withdrawal period expires:

I hereby communicate the withdrawal from the contract of sale or supply relating to the following product __________

Order number:_______

Ordered on: _______

Name and Surname: _______

Address:______

Email associated with the account from which the order was placed: ____________

Date:__________

11. Guarantee of conformity of Material Products for Consumer Users

Consumer Users are granted the guarantee of conformity, provided for by Articles. 129 and following of the Consumer Code, for all material Products sold through the Application, except for the exclusion cases provided for by Article 128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery as it is assumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

If the Consumer User intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address help@takeinshop.com.

The Data Controller will promptly reply and indicate to the Consumer User the procedure to be followed.

For anything not covered by this clause, articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages, apply.

12. User Submission

The User may upload Content to the Application, provided that it is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold the Owner harmless from any damage, loss or expense.

The User guarantees that the Content is sent to the Application through his account by adults.

For minors, the submission of Content must be examined and authorized by parents or parental responsibility.

The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and their behavior.

It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or otherwise to falsely declare the origin of the Contents.

The Owner is not able to ensure precise control over the Content received and reserves the right at any time to delete, move, modify those that, at its discretion, appear illicit, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable.

Users grant the Owner a non-exclusive right of use over the Content sent, without limitation of geographical areas.

The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should it be sent by the User, also through third parties.

The Contents sent will not be returned and the Owner will not be responsible to Users for the loss, modification or destruction of the Content transmitted.

It is expressly prohibited, unless explicitly authorized by the Data Controller:

(i) the use of automatic ad loading systems, except those expressly authorised;

ii) serial publication and / or management of advertisements on behalf of third parties by any means or means,

iii) resell the services of the Data Controller to third parties.

13. Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright legislation and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application.

Without prejudice to strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.

14. Disclaimer of Warranties

The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never have interruptions or will be error-free or that it will be free of viruses or bugs.

The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

15. Limitation of Liability

The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside the control of its own or its suppliers.

The Owner will also not be responsible for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, name of the holder, password, etc.)

The Data Controller will not be responsible for:

any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct insertion
Under no circumstances may the Owner be held liable for a sum exceeding twice the cost paid by the User.

16. Force majeure

The Data Controller cannot be held responsible for failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfillment of the obligations by the Data Controller will be considered suspended for the period in which force majeure events occur.

The Data Controller will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

17. Links to Third Party Sites

The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to individual services, for which the Data Controller assumes no responsibility.

18. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy that can be consulted on the page

https://takeinshop.com/it/privacy

19. Applicable law and jurisdiction

The Conditions are subject to Italian law.

For Consumer Users any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles. 18, 19 and 20 of the Civil Procedure Code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

20. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and / or arising from contracts for the sale of goods and supply of services stipulated on the network. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 28/02/2023