Términos del servicio

Article 1 – Definitions

The following definitions apply in these Terms:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who concludes a distance contract with the trader;

Day: calendar day;

Term contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time;

Durable medium: any instrument that enables the consumer or trader to store information addressed to them personally in a way that allows future reference and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded, under an organized distance selling scheme for products and/or services run by the trader, using one or more means of distance communication exclusively up to and including the moment the contract is concluded;

Distance communication technology: means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

General Terms and Conditions: these general terms and conditions of the trader.

Article 2 – Identity of the trader

Company name: THM LLC

Business id number: 7017200

VAT number: 266.532.406

Email customer service: info@modo-vita.com

Business address: 4405 JAGER DR NE STE C4 #2295 RIO RANCHO, NM 87144 - USA

Article 3 – Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded it will be indicated that the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as quickly as possible upon request.

If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or in another manner free of charge at the consumer's request.

Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.

If any provision of these general terms and conditions is, at any time, wholly or partially void or otherwise ineffective, the contract and these general terms and conditions shall otherwise remain in force, and the provision in question shall immediately be replaced, by mutual agreement, with a provision that reflects the intent of the original provision as closely as possible.

Situations not governed by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is subject to change. The trader has the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or evident errors in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This applies in particular to:

the price, excluding customs clearance costs and import sales tax. These additional costs are at the customer's expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services in relation to imports. This scheme applies if the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service collects VAT (whether or not together with any customs clearance costs charged) from the recipient of the goods;

any shipping costs, where applicable;

the manner in which the agreement will be concluded and what actions are necessary to do so;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the contract;

the period for acceptance of the offer, or the period within which the trader guarantees the price;

the level of the fee for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the contract will be filed after it has been concluded, and if so, how the consumer can access it;

the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data they have provided under the contract;

any other languages, besides Italian, in which the contract may be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a term transaction.

Optional: available sizes, colors, and material types.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of the acceptance of the offer. Until the trader has confirmed receipt of this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may, within the bounds of the law, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution, giving reasons.

The trader will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:

the address of the trader's place of business where the consumer can lodge complaints;

the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;

information on guarantees and existing after-sales service;

the information set out in Article 4(3) of these terms, unless the trader has already provided this information to the consumer prior to performance of the contract;

the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a term transaction, the provision in the preceding paragraph applies only to the first delivery.

Each contract is entered into subject to the condition precedent of sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason. This cooling-off period begins the day after the product is received by the consumer, or by a third party designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must give this notice by written message/email. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must demonstrate that the delivered goods were returned in a timely manner, for example by providing proof of shipment.

If the customer has not indicated their wish to exercise the right of withdrawal or has not returned the product to the trader within the periods referred to in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the trader, or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for the products set out in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

that are manufactured by the trader according to consumer specifications;

that are clearly of a personal nature;

that cannot be returned due to their nature;

that can spoil or age quickly;

whose price is subject to fluctuations in the financial market over which the trader has no influence;

for individual newspapers and magazines;

for audio and video recordings and computer software of which the seal has been broken by the consumer;

for hygiene products of which the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;

the performance of which has begun with the consumer's explicit prior consent before the end of the cooling-off period;

regarding bets and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices, where these prices are subject to fluctuations in the financial market over which the trader has no control. This link to fluctuations and the fact that any stated prices are target prices are indicated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this, and:

they result from statutory regulations or provisions; or

the consumer has the right to terminate the contract as of the day the price increase takes effect.

In accordance with Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country in which transport begins. In this case, delivery takes place outside the EU. The postal service or courier will therefore collect import sales tax or customs clearance costs from the customer. As a result, the trader is not charged VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract on this basis.

Defective or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or altered the delivered products themselves, or has had them repaired and/or altered by third parties;

the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader's and/or the packaging's instructions;

the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

Following dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product proves impossible, the trader will make efforts to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Term transactions: duration, termination, and renewal

Termination

The consumer may terminate a contract of indefinite duration entered into for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract of definite duration entered into for the regular delivery of products (including electricity) or services at any time as the term draws to an end. The agreed termination rules apply, and a maximum notice period of one month applies.

The consumer may, with regard to the agreements referred to in the preceding paragraphs:

terminate them at any time and not be restricted to termination at a specific time or during a specific period;

terminate them at least in the same manner in which they were entered into;

always terminate them with the same notice period as the trader has stipulated for itself.

Extension

A contract entered into for a definite period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a contract of definite duration entered into for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer may terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract of definite duration entered into for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month, or a notice period of no more than three months if the contract relates to the regular delivery of daily or weekly newspapers and magazines less than once a month.

A contract of definite duration for the regular trial delivery of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and automatically ends after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate that termination is not permitted before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to promptly report any inaccuracies in the payment details provided or stated to the trader.

In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days of the consumer discovering the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If the trader considers the complaint to be justified, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Italian law applies exclusively to contracts between the trader and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.

Article 16 – CESOP

Due to measures introduced and reinforced as of 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Service Providers Directive)," and thus the introduction of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.