Terms and conditions of sale
These general terms and conditions of sale govern the methods and conditions of sale of the products marketed by Dalmat Italia s.r.l. (hereinafter Dalmat Italia), with registered office at via del Perlar, 52 – 37135 Verona (VR) – Italy – VAT no. 03956080232 – REA no.: VR-379457.
Sauna Smarty is a Dalmat Italia product; Dalmat Italia markets far infrared devices and related products such as mats, “Japanese saunas” and wellness-related products such as pressotherapy and cosmetic products to be combined with the use of far infrared devices.
Pursuant to the legislation in force on:
• information obligations in electronic commerce (Legislative Decree no. 70 of 9 April 2003);
• consumer protection in distance contracts (Legislative Decree no. 185 of 22 May 1999);
• the consumer code (Legislative Decree no. 206 of 6 September 2005).
Dalmat Italia makes its products available through the website www.saunasmarty.com
The offer of Products is addressed to Private Customers, Professional Customers and Companies. Customer means any party, natural or legal person, who purchases one or more products by accepting the General Terms and Conditions of Sale.
The Customer will be identified on the basis of the personal and tax details sent by e-mail when the sales contract is defined or by filling in the relevant form on the website.
1) Consulting the site and Products
The products displayed on the website www.saunasmarty.com are subject to continuous improvements and innovations without notice.
The images and descriptions of the products on the site reproduce their characteristics as faithfully as possible but must always be understood as indicative.
2) Product prices, availability and shipping times
All product prices published on the site are expressed in euros and are understood to be “VAT included”; they do not include any taxes or shipping costs unless otherwise specified.
Dalmat Italia may change the prices of the products shown on the site at any time; price changes will not affect orders in progress already confirmed by the Customer.
Availability depends on the type of product.
Shipping times for cosmetic products depend on stock availability. Please ask before placing your order.
Delivery and/or installation times for saunas depend on the product’s stock availability. In general, once the order has been sent, less than 60 days are needed.
3) Special offers
Special offers promoted by Dalmat Italia are valid while stocks last and in any case cannot be combined.
4) Purchase order
Customers wishing to purchase Dalmat Italia products may proceed with the purchase simply by following the payment instructions on the website. Any requests may be sent by e-mail or by telephone:
• [email protected]
• +39 045 7110454
The Customer may check the status of their order at any time by contacting Dalmat Italia by telephone or e-mail.
5) Payment methods and invoicing
Payment may be made using the following methods:
• Payment in a single instalment by bank transfer to the details given in the order;
• Payment of a deposit by bank transfer when ordering, with the balance due as agreed in the order.
• Payment by credit card/PayPal.
6) Shipping and delivery of Products
Dalmat Italia ships the products purchased through national couriers.
The delivery address provided must allow the vehicle used to pass, access and stop; standard delivery is understood to be kerbside.
Requests for delivery to a specific floor or to specific areas must be made when the order is defined and will be quoted separately from the courier transport service.
7) Complaints and shipping delays
The Customer may report any delivery errors, mishaps or delays by telephone on +39 045 7110454 or by e-mail to [email protected]. The communications received will be handled with the utmost urgency in order to achieve the Customer’s complete satisfaction.
8) Conformity of the Products delivered
On delivery of the goods, it is the Customer’s responsibility to check that the packaging is intact and not altered in any way.
Any damage must be reported immediately to the courier making the delivery (by accepting the goods with a careful reservation written on the courier’s delivery note, for example “damaged packaging”).
If the product has been damaged during transport, the customer must report it by e-mail no later than 24 hours after receiving the goods, documenting the damage suffered by the product clearly and comprehensively and specifying all the information needed to proceed with any replacement of the damaged material.
Responsibility for transport lies with Dalmat Italia, which, in the event of damage to the product occurring during transport, will seek compensation from the courier.
Dalmat Italia will not be liable for any delays or failure to deliver attributable to the delivery service, to the absence of the recipient or in any case caused by circumstances beyond its control.
If the ordered product becomes unavailable, Dalmat Italia will promptly notify the e-mail address or telephone number given when ordering, refunding any amount already paid.
Pursuant to art. 130 of the Consumer Code, Dalmat Italia is liable to the Consumer for any lack of conformity existing at the time the goods are delivered. In the event of a lack of conformity, the Consumer is entitled to have the conformity of the goods restored free of charge by repair or replacement, or to an appropriate price reduction or termination of the contract. The Consumer may ask the Seller, at their choice, to repair or replace the goods, free of charge in both cases, unless the requested remedy is objectively impossible or excessively costly compared with the other.
9) Warranty
The warranty on Dalmat Italia products lasts 24 months for domestic customers and 12 months for professional customers, businesses, partnerships or limited companies. The warranty starts from the date the product is delivered.
The warranty provides for the free shipment of spare parts to replace defective parts.
The warranty lapses if the product is used improperly or tampered with, or if the defects found are due to improper storage after delivery.
Normal wear and tear, cuts or scratches, and damage caused by impacts or accidents are not covered by the warranty.
The legal warranty of conformity of goods, provided for by arts. 128 et seq. of the Consumer Code, is 24 months: for the products sold, the warranty and assistance conditions are those offered by the manufacturer in accordance with EC Directive 99/44/EC.
Dalmat Italia is liable, pursuant to article 130, when the lack of conformity becomes apparent within two years of delivery of the goods. It is understood that the Consumer loses this right if they do not report the lack of conformity to the Seller within 2 (two) months of the date on which they discovered the defect (art. 132 of the Consumer Code).
10) Spare parts and accessories after the warranty
At the end of the warranty period, the customer may request additional spare parts, which will be covered by a 12-month warranty from the delivery date shown on the invoice and delivery note.
Requests for spare parts during or after the warranty period cannot be met if there are arrears or unpaid amounts owed to Dalmat Italia.
11) Assembly and installation of the products
The products sold by Dalmat Italia may be purchased without any installation obligation. The products will always be supplied with manuals containing installation instructions so that customers can proceed independently.
Customers, especially professional ones, are advised to extend the warranty period by a further 3 years.
12) Technical support
The customer may request Dalmat Italia’s support at any time by e-mail or telephone:
• [email protected]
• +39 045 7110454
13) Limitation of liability
The warranty regime on products differs depending on whether the purchaser is a “consumer” or a “NON-consumer” within the meaning of EEC Directive 1999/44/EC on “certain aspects of the sale of consumer goods and associated guarantees”.
If you purchase as a “consumer” (natural person – private individual), you benefit from the legal warranty of conformity that Dalmat Italia is required by law to provide on every item sold (“Legal Warranty”).
The Legal Warranty – which Dalmat Italia is required to provide – covers the goods against lack of conformity with the sales contract.
By law, where the Legal Warranty applies, you will be entitled to have the conformity of the goods restored free of charge by repair or replacement or, where this is not possible, to a reduction of the purchase price or termination of the contract. Dalmat Italia is therefore liable for any lack of conformity that becomes apparent within two years of the date of delivery of the goods. You must in any case report the lack of conformity within two months of discovering it.
To the extent permitted by law, Dalmat Italia declines all liability if the product delivered does not comply with the legislation of a country of delivery other than Italy. Dalmat Italia will not be liable for delays in delivering the goods purchased due to insufficient stock at the supplier.
14) Privacy
All data sent to Dalmat Italia will be processed in compliance with the privacy legislation in force pursuant to art. 13 of Legislative Decree no. 196/03 (Personal Data Protection Code) and arts. 13 and 14 of European Regulation 679/2016 (hereinafter also the “GDPR”).
Processing means the collection, recording, organisation, storage, processing, modification, selection, extraction, dissemination and erasure of data.
Dalmat Italia declares that the data will be processed for the performance of the contract and will not be communicated to third parties. In relation to the data provided, the Purchaser may exercise the rights set out in art. 7 of Legislative Decree 196/2003: confirmation of the existence of the data, origin, purpose, updating, erasure, right to object.
To exercise these rights, the Purchaser must contact the Personal Data Processor at Dalmat Italia.
The Customer can always obtain information on how Dalmat Italia processes their personal data by consulting the Privacy Policy available on the Site.
15) Right of withdrawal
The legislation in force is set out in the Italian “Consumer Code” www.codicedelconsumo.it, which protects all private individuals who make purchases both in traditional commerce and in online commerce. (Legislative Decree no. 206/2005 specifically protects consumers with regard to “distance contracts” and introduces the “right of withdrawal”).
If Dalmat Italia products are sold to customers holding a VAT number, the “Consumer Code” does not apply and the rules governing contracts between businesses set out in the Italian Civil Code will apply. The right of withdrawal must be exercised within 10 days of receipt of the product.
16) Withdrawal procedure
The customer must send a registered letter with return receipt to the registered office of Dalmat Italia – Via del Perlar, 52 – 37135 Verona (VR) – Italy – VAT no. 03956080232 – REA no.: VR-379457, or a certified e-mail (PEC) to [email protected]
The right of withdrawal never applies to the supply of customised products.
For the withdrawal or return to be accepted, the products must be returned within the mandatory period of 14 (fourteen) days, shipping them directly to the address that will be communicated by Dalmat Italia, in compliance with all the conditions below:
• the products must be returned complete with all their original packaging and in the same condition in which they were received
• the products must be accompanied by the proof of purchase
• the products must not have been opened, used or damaged, but they may have been handled and inspected to establish their nature and characteristics
• any damaged products being returned must be sent back as received by the Customer, without the Customer modifying, tampering with or attempting to repair them.
Transport costs and risks for the return are entirely borne by the Customer.
On arrival at Dalmat Italia, all returned items will be carefully examined to check for any damage or tampering not caused by transport. If the original packaging and/or wrapping is spoiled or damaged, Dalmat Italia may deduct from the refund due any contribution to restoration costs.
In any case, the Customer may be held liable for any reduction in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.
If the above is not scrupulously respected, Dalmat Italia will not accept the goods, which will be returned to the customer with the transport costs charged. If the returned product has been damaged during transport, Dalmat Italia will inform the Customer within 3 working days of receipt to allow them to file a complaint against the courier chosen for shipping. In this case the product will be returned to the Customer at their expense and the withdrawal request will be cancelled.
The amount paid will be refunded to the customer who has correctly exercised the right of withdrawal by bank transfer to the bank details provided within 30 working days of receipt of the formal communication or of receipt of the product by Dalmat Italia.
17) Disputes
Without prejudice to the possible application of mandatory legal provisions protecting consumers (as defined under art. 1 letter b) of Legislative Decree no. 185 of 22 May 1999), any dispute in any way connected with these General Terms and Conditions will fall under the exclusive jurisdiction of the Court of Verona.
18) Changes to the general terms and conditions of sale
Dalmat Italia reserves the right to change the site, its policies and these General Terms and Conditions of Sale at any time in order to offer new products or to comply with legal provisions.
The Customer is subject to the policies and terms of the General Terms and Conditions of Sale in force at the time an order is placed, unless changes to such policies and terms are required by applicable law or by the competent authorities (in which case they will also apply to orders previously placed).
Should any provision of these terms be held invalid, void or for any reason unenforceable, that provision will not affect the validity and effectiveness of the other provisions.
