GENERAL CONDITIONS OF SALE AND WITHDRAWAL
Postural Service srl reserves the right to modify the contents of its website and legal notes at any time and without notice. Access to the website www.posturalservice.it, shop.pancafit.it and the data contained therein is subject to the legal notes below. Each access to the site, after opening the home page, is understood as acceptance of the following legal notes.
The information, logos, graphic elements, sounds, images, trademarks and anything else published and/or reproduced on this site are the property of (or licensed by third parties for use to) Postural Service srl. Reproduction of the content of the site is permitted exclusively with written authorization from Postural Service srl. It is therefore prohibited to modify, copy, reproduce, distribute, transmit or disseminate the content of this site without authorization. In particular, it is forbidden to copy the computer programs (software) that determine the functioning of this site, create similar programs, trace and/or use the source code of the aforementioned programs. Postural Service srl is not responsible for the improper use of the sites by users; Postural Service srl does not guarantee the constant updating of the information contained in this site nor can it be held responsible for any damage, including computer virus infections, that visitors' equipment may suffer due to access and/or interconnection with this site or downloading its contents.
Any hyperlinks (links) present on this site may direct visitors' searches to web pages present on sites other than this one. In this case, Postural Service srl assumes no responsibility in relation to both the content of what is published on such sites and the use that third parties may make of it, and with regard to any damage caused by or originating during access to such sites , interconnection with them or downloading their content. Any personal information sent to the Postural Service srl website will be treated in accordance with the privacy law (EU GDPR 2016/679 and Legislative Decree 101/2018 - Code regarding the protection of personal data); Postural Service srl is the data controller of the personal data communicated to it by visitors to this site. This information may reside on servers in Italy or on servers located abroad.
The goods and services covered by these general conditions are offered for sale by Postural Service srl (address: Via Cuzzi 2, 20155 Milan; e-mail: info@posturalservice.it; telephone: 02.39257427 – VAT number 09858740963) in the person of the lawyer temporary representative, who carries out marketing activities for the patented Pancafit® equipment and related accessories, Pancafit Vertical®, as well as Raggi Method professional training courses for learning its correct use.
Article 1 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
Before proceeding with the purchase of Postural Service srl Products or Services according to the methods established in these general conditions and indicated on the posturalservice.it website, the Customer expressly declares to have carefully read and to have fully accepted the contents of these General Conditions as well as that you have read all the information provided during the purchase procedure. Postural Service srl invites you to keep a copy of these general conditions for prompt consultation. These general conditions of sale constitute an integral part of any purchase order and sales contract for the Products and Services marketed by Postural Service srl on the posturalservice.it website and compatibly also in the event of a direct sale between the Customer and Postural Service srl without the aid of the website but in any case via electronic means and therefore remotely, in force on the date of the relevant order.
Article 2 - DEFINITIONS
The term "POSTURAL SERVICE SRL" means the supplier who, acting within the framework of its commercial activity, sells electronically, upon payment of the relevant purchase price, all the products indicated in the catalog set up within the "site .
The term “General Conditions” refers to this document.
The term " Customer " generally refers to the person, be it a consumer or professional, who makes a purchase of Postural Service srl products or services according to the indications on the Site and in the General Conditions.
The term “Products” refers to all the products marketed by Postural Service srl on the posturalservice.it website and which are part of its assortment.
The term “Services” refers to all the services marketed by Postural Service srl on the posturalservice.it website.
The term "Site" means the set of web pages accessible by typing the URL: posturalservice.it or third level domains relating to it (www.posturalservice.it, shop.pancafit.it, ecommerce.posturalservice .it etc).
The term "Purchase Order" means the order by the Customer - containing the details of the Products and Services and any shipping costs - which is generated by the system following confirmation and signing of the general conditions and the privacy.
The term "Sale Contract" means the sales contract from Postural Service srl following the payment of the specified amount or the approval of the financing by the finance company.
- The products marketed electronically are analytically described (brand, quality, characteristics, price) in the specific catalog set up within the site.
- These general conditions of sale have been drawn up in accordance with the provisions of Legislative Decree no. 206 of 6 September 2005 (see articles 50-67) and following. mod. better known as the "Consumer Code". By express will of Postural Service srl, all conditions of sale must be considered valid also towards the buyer who is not a consumer, or, in more explicit terms, also towards the subject called Professional, natural or legal person, who proceeds with the purchase for purposes connected and/or in any case referable to one's entrepreneurial/commercial/professional activity, a subject otherwise excluded from the field of application of the aforementioned Legislative Decree in compliance with which the general conditions of sale indicated below were prepared. Unless otherwise explicitly specified, therefore, all conditions refer to both types of consumers, i.e. PRIVATE users and PROFESSIONAL users.
Article 3 - OBJECT OF THE CONTRACT: CONCLUSION AND EXECUTION
The "REMISES" and "DEFINITIONS" constitute an integral and essential part of these general conditions of sale.
The Customer can purchase the products as illustrated in the information sheets on the pages of the Site. The Customer, by carrying out the purchase procedure indicated on the Site, will be able to choose the Products of interest to him and verify the overall value of the Products he intends to purchase. The Purchase Order, once finalized with payment, which may take place in the manner indicated below, can only be modified or canceled by contacting Postural Service srl via email at the following email address amministrazione@posturalservice.it.
All Purchase Orders must be accurately completed and filled in in their entirety and must contain the exact identification of the Products ordered by the Customer and the choice relating to collection or delivery, as well as the chosen payment method. The Purchase Order is valid as the Customer's contractual proposal expressed online. The order confirmation by Postural Service srl, sent to the Customer at the email address indicated by the latter, confirms the order data and is valid as acceptance of the contractual proposal and conclusion of the contract. Postural Service srl will send the products only following payment by the Customer for the Products specified in the Purchase Order. The contract is considered concluded and is binding for both parties when the purchase order confirmation is sent to the Customer, unless it is cancelled, without charge to the Customer, in the event that payment by bank transfer does not is executed and transmitted within the times indicated below, or in the event that the Financial Company does not give consent to the economic coverage.
In case of cancellation of the order by Postural Service srl, the relevant cancellation email will be sent. The Order Confirmation will contain a summary of the order, which shows the order details, the price of the goods purchased and any additional additional charges, any shipping costs, the chosen payment method, the address where the Product can be collected by the Customer with the relevant times and shipping details.
Postural Service srl reserves the right to refuse the purchase proposal sent, by way of example and not exhaustively in the following cases: provision of non-real personal data; previous non-compliance in any capacity towards Postural Service srl, subjection to insolvency proceedings, lack of availability of the Products - for any reason - in the warehouses and in any other case incompatible with the economic interests and company policies. - Following the conclusion of the contract, POSTURAL SERVICE SRL undertakes to deliver or allow collection, upon payment of the relevant price, the requested product by courier to the residence/domicile/registered office indicated by the buyer within a period of 5 (five) working days starting from the day following the day on which the buyer has paid the amount indicated in the order in full.
Article 4 - PRODUCT CATALOGUE
All the products offered for sale by POSTURAL SERVICE SRL, visible in the online catalogue, are depicted in an accurate and detailed manner, as such corresponding to the characteristics actually possessed by them. For each of them, the color in which the product is available can be indicated, or other variants such as the size/number and the relative price. As regards specifically the color of the item, POSTURAL SERVICE SRL, due to the different "color calibration" that each buyer can assign to their monitor, finds it impossible to ensure the exact correspondence of the same, as it appears on the monitor, to the actual color distinguishing the item. The Basic Training Course + Pancafit and accessories package reserved for Raggi Method students offers Pancafit and related accessories at a discounted price, which is valid only at the time of registration for the course with the relative balance of the fee. It will not be possible to take advantage of this promotional price after the registration date.
Article 5 – PAYMENTS
Payment of the price of the product and the related shipping costs (costs which, due to provisions imposed by the shipping agent in charge of delivery, are of different amounts depending on the weight of the package containing the product/s) can take place, as provided for in within the POSTURAL SERVICE e-commerce site, by bank transfer or by electronic payment systems such as Credit Card or PayPal, or through SOISY financing.
If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their transferees, and that you authorize such transfer.
In the event of payment by bank transfer, the buyer is required to make the transfer within the essential and peremptory deadline of 5 (five) working days starting from the sending of the confirmation message. As long as the payment is not paid promptly within the aforementioned deadline, despite the contract being perfectly concluded, the execution of the same by POSTURAL SERVICE SRL remains suspended (timely and full payment by the customer is a condition precedent to the effectiveness of the contract). This request will be considered automatically lapsed, with consequent extinction of any obligation between the parties, in the event that payment is not made within the essential and peremptory deadline referred to.
It is understood that in the event that the buyer respects the deadline of 5 (five) working days, POSTURAL SERVICE SRL is required to process the purchase request within 5 (five) days starting from the day following that of receipt of the full price of the Product. Correct fulfillment by Postural Service srl will occur when it delivers the Product to the shipper within 5 working days, or has made the Product available for collection by the Customer. In case of payment through a financial company, the contract will be executed by Postural Service srl, only following confirmation from the aforementioned financial company. Once Soisy confirms the financing, within 48 working hours, POSTURAL SERVICE SRL is required to process the purchase request within 5 (five) days starting from the day following the day of receipt of the full price of the Product . Correct fulfillment by Postural Service srl will occur when it delivers the Product to the shipper within 5 working days, or has made the Product available for collection by the Customer.
Article 6 - SHIPPING/DELIVERY METHODS OF PRODUCTS
The Customer can, at his/her discretion, choose between delivery via Postural Service srl courier, collection at the Postural Service srl operational headquarters or via courier chosen by the Customer. No Product may be delivered or collected unless the Customer has paid the amount in full.
1. In the event that the Customer opts for shipping by Postural Service srl carrier:
to. In case of payment by bank transfer, for administrative needs and in order to shorten shipping times, you are requested to send a copy of the payment to the following email address: commerciale@posturalservice.it. The ordered material will be delivered to the courier following the visualization of the bank transfer on the current account of Postural Service srl, within 5 working days.
b. In case of payment via Cartasì and PayPal electronic circuit, the delivery of the Product to the shipper will be made within 5 days from the day following the payment. c. In case of payment with Soisy, once financing is confirmed, within 48 working hours, POSTURAL SERVICE SRL is required to process the purchase request within 5 (five) days starting from the day following that of receipt of the full price of the Product. The delivery of the Product to the address indicated by the Customer is usually carried out, without prejudice to any exclusive right of Postural Service srl to change the carrier, via SDA/UPS courier within 4-6 working days (Saturdays and holidays excluded) for Puglia, Calabria and the Islands, and within 3-5 working days for the remaining regions starting from the day after the payment is displayed. Upon shipment of the Products, the Customer will receive confirmation by e-mail regarding the shipment.
It is understood that the delivery times indicated must be considered indicative and that a delay compared to them, provided that it is less than 30 days from confirmation of payment, does not entitle the Customer:
a) to refuse the delivery itself;
b) to the request for compensation or compensation.
The courier does not make preventive phone calls, nor does it handle shipping requests at too tight a time. The courier will make 3 delivery attempts to the indicated address: if on the 3rd attempt, the Customer is not available, the courier will leave the reference to be contacted. After 4 days without receiving communications from the Customer, the courier will return the package to Postural Service srl with additional costs totally borne by the Customer. Upon receipt of the package or packages it is necessary, in any case:
- check that the package is intact;
- check that the package is not wet or damp;
- verify that the package complies with the characteristics considered standard for a package;
- that the number of packages collected is correct.
In the event of damage, absence of items, anomalies, disputes or other problems, it is necessary to note these circumstances on the transport document or invoice and have them countersigned by the person in charge of delivering the Products. It is also necessary to indicate which and how many items have problems, clearly indicating the reason for the rejection. Also in order to allow the Seller to activate all the necessary insurance procedures and any indemnity towards the transporter, it is also necessary, after having filled in and indicated the above, to immediately notify the Seller of the incident to the commercial e-mail address @posturalservice.it within 7 (seven) days of receipt of the Products.
2. In the event that the Customer opts to collect the goods at the POSTURAL SERVICE headquarters or alternatively, chooses to have the Product collected by his own carrier: he will receive the details in the order confirmation email for collection of the Product at the Postural Service srl operational headquarters, located in Via Giuseppe Cuzzi n. 2 – 20155 Milan, by telephone agreement made with our Sales Office or by sending a communication to commerciale@posturalservice.it. No product will be delivered unless the relevant fee has been paid in full. In case of collection carried out by third parties (i.e. not holders of the order) it is necessary to show up at the point of sale with a signed proxy and a copy of the identity document of the holder of the order.
Article 7 - COMPLIANCE OF ORDERS / REFUND IN CASE OF NON-CONFORMITY OF THE PRODUCT
Postural Service srl is responsible towards Consumer Customers for any lack of conformity of the products existing at the time of delivery, with particular regard to products found to be defective. It is the Customer's responsibility to keep the packaging (box and polystyrene) of the Product intact for at least 30 days. The delivered products must be checked by the Customer upon delivery to ensure that they correspond to the products ordered. In case of anomalies, the customer must notify Postural Service srl by e-mail no later than 8 days from receipt to the following address: commerciale@posturalservice.it. Any complaint after this deadline will not be accepted. In the event of an ascertained lack of conformity of a Product, the Customer has the right to exercise the provisions in his favor of the Consumer Code and to request conformity of the delivery of the order, or in the event of any non-availability of the products ordered occurring in the meantime. , to cancel the order, by contacting Postural Service srl via e-mail at the following address: commerciale@posturalservice.it. In this case the shipping costs will be borne by Postural Service srl. Any refund of the price will be made only if the non-conformity of the order is confirmed by Postural Service srl and if the returned products are perfectly intact, in their packaging and without any sign of use, without having been exposed to sunlight or particularly persistent odors. The refund of the order, including shipping costs, will take place after having verified the integrity of the returned material. With the Customer's consent, the value of the returned items can be converted into a purchase voucher for the customer which can be used on subsequent orders. If the Customer cannot fully return the goods received or if he returns them in deteriorated conditions, Postural Service srl will withhold the equivalent value from any refund.
Article 8 - REPLACEMENT OF PRODUCTS FACED WITH WRONG DELIVERY
In the event that, by mere mistake, a product different from the one ordered by the Customer and specified in the purchase request is delivered (e.g.: "Leg locking belt" instead of "set of cushions"): In the event you opt for the collection of the goods at the headquarters of POSTURAL SERVICE SRL or in the case of a request to send the Product via carrier, Postural Service srl undertakes, in the shortest possible time, to replace the product itself. The shipping costs that the buyer will have to bear to return the product and those that POSTURAL SERVICE SRL will have to bear to return the product are entirely borne by POSTURAL SERVICE SRL. To this end, it is necessary for the buyer to inform POSTURAL SERVICE SRL - complaints office - promptly within and no later than 3 days from receipt, of the difference found, by sending a communication to the e-mail address commerciale@posturalservice.it.
Article 9 - RESPONSIBILITY AND LIMITATIONS TO LIABILITY
The risk of loss or damage to the Products is transferred to the Customer, for reasons not attributable to Postural Service srl, only when the Customer physically takes possession of the Products. The Seller is in no case responsible for any disservices, delays, omissions in deliveries attributable to cases of force majeure or unforeseeable circumstances. Similarly, any form of liability of Postural Service srl is excluded in the event that exceptional events arise such as fires, explosions, strikes, natural disasters, wars, riots, pandemics or epidemics, demonstrations or other similar events that prevent the execution of the contract according to the times and methods established by these General Conditions of Sale and by current legislation. It is understood that, except in the case of willful misconduct or gross negligence, Postural Service srl - if found responsible - is liable only for direct and foreseeable damages at the time of conclusion of the sales contract, being however not responsible for any losses suffered, the lost profits or any other damage that is not an immediate and direct consequence of the breach or that was not foreseeable at the time of the conclusion of the sales contract. As regards any damage caused by defective Products, the provisions of Legislative Decree 206/2005 (Consumer Code) and subsequent amendments and additions are still applicable. Postural Service srl is also not responsible for any use contrary to the law by third parties of the site www.posturalservice.it and its contents. The Customer will be the only one, the sole and directly responsible for the communication of incorrect, or incomplete, or inaccurate, or untrue data, relating to him or relating to third parties who have or have not given authorization to them to use all or part of such data, also in relation to correct or incorrect use of the same or part of them.
Article 10 – CONDITIONS OF USE OF THE GOODS
Postural Service srl is not responsible for incorrect use of the Products by the Customer and/or third parties who have access to the Products.
to. (in the event that the buyer is a private individual who DOES NOT use the equipment for professional purposes) : the customer, by accepting these conditions of sale, declares to use this postural instrument in compliance with each and every indication contained in the instruction manual attached to the tool. Furthermore, the buyer declares to be aware that any improper or inadequate use of the Pancafit® product and its accessories cannot constitute liability towards the company Postural Service srl. He also declares to be aware that the company directives for the structure and for the professional in the sports/fitness/rehabilitation/medical sector regarding the order of Pancafit® provide that the purchase is strictly linked to the attendance of training courses in based on the regulations of the Raggi Method Training School with Pancafit®. The only recognized training courses are those held at Postural Service srl. Considering that the Pancafit® product is not a tool as an end in itself, but supports an innovative postural method, it is not possible to separate the two realities. Furthermore, he declares that he is aware that the only correct approach to using the Pancafit® product is knowledge of the Raggi Method which can only be learned by attending specific professional training courses. Pancafit® is a valid support for the Raggi Method and was designed and created in this sense, therefore its use must respect the principles of its creator.
b. (in the event that the buyer is a professional who uses the equipment for professional purposes) : the customer, by accepting these conditions of sale, declares to know the Postural Service srl company directives for the structure and for the professional in the sports/fitness/rehabilitation/medical sector: the Pancafit® order strictly requires the attendance of training courses based on the regulations of the Raggi Method Training School with Pancafit®. The only recognized training courses are those held at Postural Service srl. Considering that the Pancafit® product is not a tool as an end in itself, but supports an innovative postural method and it is not possible to separate the two realities. Furthermore, he declares that he is aware that the only correct approach to using the Pancafit® product is knowledge of the Raggi Method which can only be learned by attending specific professional training courses. Pancafit® is a valid support for the Raggi® Method and was designed and created in this sense, therefore its use must respect the Raggi Method and the principles of its creator. Therefore, the professional buyer undertakes to use this postural tool in compliance with each and every indication contained in the instruction manual attached to the tool. Any improper or inadequate use of Pancafit and its accessories cannot constitute liability towards the company Postural Service srl.
Article 11 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, the functions and software that are part of the Site are protected by copyright and any other intellectual property rights of Postural Service srl. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited, without the express written consent of Postural Service srl which has the exclusive right to authorize or prohibit direct or indirect, temporary reproduction. or permanent, in any way or form, in whole or in part, of the Site and its contents. With respect to the use of the Sites, you are authorized only to:
(i) view the Website and its contents;
(ii) carry out all those other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or accessory, an integral and essential part of the very visualization of the Site and its contents;
(iii) all other navigation operations on the Website which are carried out only for legitimate use of the same and its contents.
Any further act of reproduction must be, from time to time, authorized by Postural Service srl or, if necessary, by the authors of the individual works contained on the website. Such reproduction operations must in any case be carried out for lawful purposes and in compliance with copyright and other intellectual and industrial property rights of Postural Service srl. The Customer, therefore, by signing these General Conditions, undertakes to respect all proprietary rights relating to the Products and services.
Article 12 - COMPETENT COURT
Should disputes arise between POSTURAL SERVICE SRL and the buyer regarding the interpretation, validity and/or execution of these general conditions of sale, both contracting parties mutually acknowledge that the competent court to resolve them is the court of the place of residence or domicile or registered office of the buyer.
Article 13 - CLOSURE CLAUSE
In the event that any of the clauses of these Conditions of Sale are considered null or ineffective, they will be considered non-existent and the remaining part of these Conditions of Sale will remain valid and effective. The delay or failure by Postural Service srl to exercise any faculty, right or remedy pursuant to these Conditions of Sale does not imply a waiver thereof, nor the single or partial exercise of any such faculty, right or remedies, prevents the future or different exercise of the same.
Article 14 - ACCEPTANCE OF THE REGULATION
In the event that you have purchased a Training product (Basic, Advanced, Specialization, Wellness Area) with on-site or online delivery methods, or a "Goods" product which also includes the provision of free Webinar Training , the buyer, by accepting these GENERAL CONDITIONS OF SALE, expressly and without reservation also accepts the REGULATIONS for carrying out the training, described on the pages connected via a link on the product purchased on this e-commerce site.
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RIGHT OF WITHDRAWAL
*METHOD/TERMS OF EXERCISE AND TIMELINES FOR REIMBURSEMENT OF AMOUNTS
to. The buyer has the right to withdraw from this contract, without any penalty and without specifying the reason, within 10 (ten) working days from the date of receipt of the product. The right of withdrawal must be exercised by sending, within the aforementioned deadline, a communication to the e-mail address of POSTURAL SERVICE SRL commerciale@posturalservice.it indicating the invoice reference and the products for which you intend to exercise the right of withdrawal.
b. The buyer is also required to return the product to POSTURAL SERVICE SRL, at his own expense, within 10 (ten) working days from the date of receipt of the product itself. For the purposes of the deadline, the product is considered regularly returned when it is delivered to the accepting post office or shipping company.
c. Following the return of the product, POSTURAL SERVICE SRL will carry out the checks referred to in the following section "Further essential conditions to be observed for the correct exercise of the right of withdrawal". It will be the responsibility of POSTURAL SERVICE SRL to inform the buyer by e-mail if, following this verification, failure to comply with the further essential conditions is ascertained.
d. The right of withdrawal will be considered exercised regularly and correctly only and exclusively if carried out in compliance with the methods and terms indicated in the provisions referred to in the previous letters. a) – b) – c) and also subject to compliance with the further essential conditions specified below. In the event of regular and correct exercise of the right of withdrawal by the buyer, POSTURAL SERVICE SRL within 30 (thirty) days from the date on which it became aware of the communication of withdrawal made through the return form, will refund by means of by bank transfer the sums received as consideration for the purchase of the product.
*FURTHER ESSENTIAL CONDITIONS TO BE OBSERVED FOR THE CORRECT EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal will be considered exercised regularly and correctly if the following essential conditions are also fully respected: - the product must be returned in the same packaging in which it was delivered;
- the product must be returned in its substantial integrity and must not present damage and/or discrepancies of any kind;
- the product must not have been, nor appear to be, used;
- in the event that the product is provided with the "article description" tag, said tag must not be removed or tampered with; similarly, if it is provided with sealed packaging (which does not obscure the contents) or with adhesive labels and brands, it is forbidden to alter the packaging.
*EFFECTS
to. With the receipt by POSTURAL SERVICE SRL of the return form and subject, in any case, to punctual observance by the buyer of both the terms prescribed for sending the said form and for returning the product, and the additional essential conditions, the contracting parties are released from their respective obligations deriving from the sales contract.
b. If all the provisions regarding the right of withdrawal are not respected, the buyer is not entitled to a refund of the sums paid as consideration for the purchase of the product.