General terms and conditions for the service and use of the website

These general terms and conditions for the service and use of the website (hereinafter "General Conditions") regulate (i) the booking and purchase – via the web platform, accessible from the websites www.takemihome.it and www.takemihome.com (hereinafter, jointly, the "Website") owned by the company Take Mi Home S.r.l. (the "Company"), by email to www.takemihome.com, as well as by telephone call or sending Whatsapp messages to the phone number +39 3338131426 – of services offered by third parties ("Services"), (ii) the sale of gift cards, goods or services offered directly by the Company, (iii) as well as the use of the Website.

Sections 49 to 67, Chapter I, Title III, Part III of the Consumer Code apply to customers who also qualify as consumers under Legislative Decree no. 206/2005 as amended (hereinafter, "Consumer Code").

Definitions

"Customer": both singular and plural, means any natural or legal person who (i) completes the registration procedure on the Website by creating a personal account in order to purchase Services, gift cards or the goods and services offered on the Website, (ii) performs any activity on the Website as a guest without registering, or (iii) contacts the Company by e-mail, telephone call or Whatsapp messages;

"Payment Confirmation": means the email or Whatsapp message sent to the Customer by the Company to confirm the purchase of a Service, good or service sold by the Company;

"Platform": means the web platform accessible from the Website owned by the Company;

"Professional": means any natural and/or legal person who, once registered on the Website, professionally provides one of the Services that can be purchased by Customers;

"Service": means the services performed at the Customer’s location pertaining to body care, beauty, wellness and personal training, comfort and experience, offered by Professionals to Customers, which can be purchased by the Customers through the Webite;

"Company": means the company that owns and manages the Website, Take Mi Home S.r.l., with registered office in Via Giovanni Battista Morgagni 28 - 20129 (Milan), registration number in Milan Companies’ Register of Companies: MI - 2590078, VAT number: 11253120965;

  "Website": shall mean both the website www.takemihome.it and the website www.takemihome.comand/or any application for pc, smartphone or tablet owned by the Company.

1. Acceptance of the General Conditions
   1. In order to book and purchase Services through the Website, by phone call, e-mail or via Whatsapp messages, Customers shall carefully read and accept these General Conditions before finalizing any booking and purchase.

2. Description of the Platform made available on the Website
   1. Through the Website, the Company provides Customers and Professionals with the Platform, where supply and demand for the booking and purchase of Services offered by the Professionals can meet. Furthermore, through the Website Customers can purchase gift cards, goods and services sold directly by the Company.
   2. Therefore, through the Website each Customer can book and purchase one or more Services made available by the Professionals and/or purchase gift cards, goods and services offered by the Company.

3. Relationship between the Company and the Customer
   1. The Customer acknowledges and accepts that the Company is not a party to the professional relationship between the Professional and the Customer and that any such professional relationship is entered into exclusively by and between the Customer and the Professional offering the Services booked and purchased by the Customer, in accordance with the conditions established from time to time between the same parties. The Company is therefore only responsible for making available the Platform accessible through the Website and for the maintenance of the Platform.
   2. The Company is not part of the relationship between the Customers and the Professionals and any further terms and conditions other than these General Conditions may apply to the professional relationship for the execution of the Services.  
   3. It is understood that in no case the Company can be held responsible with reference to the quality, characteristics and/or availability of the Services provided by the Professionals.

4. Registration
   1. In order to book and purchase Services on the Website and/or purchase gift cards, goods and services sold by the Company, Customers must register on the Website by creating a personal account for which they must provide all the data requested in the relevant form (that shall be truthy and complete), and fully accept the Privacy Policy and these General Conditions.
   2. The Customer is required to keep confidential the credentials for accessing their personal account. It is understood that in no case the Company can be held responsible in case of loss, distribution, theft or unauthorized use by third parties, for any reason whatsoever, of the credentials for accessing Customers’ personal accounts.
5. Deactivation, deletion and closure of the Customer’s account
   1. Registered Customers may deactivate their personal accounts, request their cancellation or stop using the Platform made available on the Website at any time, by contacting the Company directly in accordance with the provisions of the following Clause 21.
   2. In the event of any violation of these Terms and Conditions, the Company has the right to suspend or terminate the Customer's account at any time and without prior notice.
   3. The Company will have the right to suspend or delete the Customer's account at any time and without notice if it believes that:

• access to or use of the account to purchase a Service could cause damage to the Company, other Customers, Professionals or third parties; and/or
• use of the Website by the Customer may be in violation of applicable law or regulation; and/or
• in the case of investigations conducted as a result of legal proceedings or the involvement in any such proceeding before any competent authority; and/or
• the use of the account by the Customer is deemed by the Company, in its sole discretion and for any reason, to be inappropriate or offensive or not in accordance with Company standards.
  4. In no event shall the termination or suspension of the Customer's account by the Company constitute grounds for any claim for compensation or claim for damages by the Customer.

6. Contents on the Website and intellectual property rights
   1. The contents available on the Website, such as, but not limited to: pictures, images, audiovisual content, audio content, articles, illustrations, elements that can be protected or not according to the current laws on intellectual property ("Contents") can be used by the Customers exclusively within the limits specified in this Clause. The Company grants the Customer, for the entire duration of the agreement entered with the Company, a personal, non-transferable and non-exclusive license to use and enjoy such Content for personal and non-commercial purposes only and limited to the device in use by the Customer. Therefore, it is expressly forbidden for the Customer to copy and/or download and/or share (except to the extent described below), modify, publish, transmit, sell, sub-license, process, transfer/assign to third parties or create derivative works in any way from the Contents, including Contents of third parties, that are made available on the Website, nor allow third parties to do so through the Customer or his device.
   2. The Customer acknowledges that the registered and unregistered trademarks "Take Mi Home" and any name derived from it, the format and graphic interface of the Website and the Contents displayed on the Website are the exclusive property of the Company; the Customer also acknowledges that all other distinctive signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on the Website are and remain the exclusive property or availability of such third parties and are protected by applicable laws and relevant international treaties.
7. Contents provided by Professionals and third parties
   1. The Company does not carry out any moderation and/or prior control on the contents or links provided by Professionals and third parties displayed on the Website. Therefore, the Company accepts no liability with regard to such Content and its accessibility.
   2. Once the Customers clicks on a link published on the Website and pointing to another website, this contract and the Privacy Policy referred to in the following Clause 17.2 will no longer be applicable. Navigation and interaction with other websites, including those linked within the Webite, are subject to different terms of use specific to those sites. Before visiting such sites, the Customer is invited to read carefully such terms of use.
8. Prohibited uses
   1. The use of the Website by the Customer is subject to compliance with these General Conditions.
   2. In addition, Customers are not allowed to:

1. reverse engineer, decompile, disassemble, modify or create derivative works based on the Website, its Contents, the Platform made available by the Company, or any portion thereof (including their respective codes);
2. circumvent computer systems used by the Company or its licensors to protect the contents accessible through the Website;
3. copy, store, or alter in any way any of the content provided by the Company on the Website;
4. use any robot, spider, search and/or site finding application, or any other automated device, process or means to access, retrieve, scrap or index any portion of the Website, its content, and/or the Platform made available by the Company;
5. lease, license or sublicense the Website;
6. insult, harass, threaten or otherwise violate the rights of others;
7. disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate contents;
8. misuse the account used by another Customer;
1. use the Website in any other inappropriate way that violates these General Conditions.

9. Withdrawal and termination
   1. The Customer may withdraw from these General Conditions at any time, subject to the provisions of the following Clause 13. With the termination of the relationship with the Company, the Customer remains contractually obliged to pay the Company all the amounts accrued and accruing for the Services already provided and/or booked, except for the termination provided for in the following Clause 12. 
   2. Under no circumstances shall the exercise of the right of withdrawal by the Customer constitute grounds for claiming damages or compensation of any kind, or for any reason whatsoever, except where otherwise provided for by applicable provisions of law.
   3. In addition, the Customer acknowledges and accepts that the termination of the agreement with the Company implies the automatic cancellation of the personal account registered on the Website within 60 days. In addition, the personal account may be deleted at the request of the Customer, at any time, for reasons related to the protection of Customer’s personal data.
   4. The Company reserves the right to withdraw from these General Terms and Conditions at any time without prior notice and without any justification, notifying the Customer of the cancellation of the account by e-mail.
   5. In addition, the Company may terminate the relationship with the Customer in case of violation of these General Conditions by the Customer, or if the latter has carried out acts and conducts that might be detrimental to the image and reputation of the Website and the Company, without prejudice to claiming compensation against the Customer for greater damages. 
10.  Booking procedure and purchase of Services
    1. The Customer must select the chosen Service and complete the reservation and purchase by entering the payment details, after carefully checking the information entered. The order is placed by confirming the intention to purchase and is subject to payment of the price and applicable taxes. By completing the order, the Customer expressly requests the immediate start of the activities necessary to provide the requested Service.
    2. In the case of booking placed by telephone call, e-mail or Whatsapp message, the Customer must clearly and unequivocally indicate the Service that intends to book, the date and time at which the Service is required to be provided, name and surname, date of birth and telephone contact, and the method of payment that intends to use. The amounts due for the purchase of the Service will be charged to the payment method indicated by the Customer.
    3. Once the Service, or a plurality of Services offered by a single Professional (e.g. Services included in a package) has been performed, the Professional will issue to the Customer the relevant invoice or equivalent accounting document. For the purchase of gift cards, goods and services sold on the Website directly by the Company, the Company will issue the relevant invoice to the Customer.
    4. The conclusion of the contract regarding the single service requested and the beginning of the execution of the same takes place when the Company sends the Payment Confirmation to the e-mail address indicated by the Customer.
    5. Prices, descriptions or availability of Services, gift cards or goods and services are subject to change without notice.
11. Payment methods
    1. The payment methods accepted are exclusively those listed in the purchase procedure of the Services on the Website. The Platform makes use of the services offered by third parties for the processing of payments and is in no way responsible for the operation of said services. Should the owner of any of these third party instruments refuse to authorize payment, the Company will not be able to confirm the purchase of the Services.
12. Cancellation and modification of the booked Services. Delays and cancellation by the Professional
    1. Each Professional may recognize to Customers the right to cancel or modify the Services booked. However, while acting as a provider of intermediation services, where possible the Company intends to facilitate through the Platform the satisfaction of Customers’ requests, as specified below.
    2. CANCELLATION

1. In case of cancellation within 24 hours prior to the time the Service is booked, it is possible to request a refund for the Services booked through the Customer’s personal account by following the relevant automated procedure on the Website or by contacting the Company via WhatsApp at the number displayed on the Website and in the following Clause 21.
2. Once the 24 hours limit is exceeded, the Customer may cancel the reservation but will not be entitled to a refund of the amount paid. If a Service is booked and purchased to be provided within the next 24 hours - by way of example, if a Service is purchased the previous evening to be provided the following morning - in the event of any subsequent cancellation the Customer will still be required to pay the full amount charged. The possibility of granting a refund of 50% of the price paid for the Service will be taken into consideration by the Company only in the case of cancellation due to force majeure.
   3. MODIFICATION

Within 24 hours prior to the time the Service is booked, Customers can request changes to the Services booked through the Customer’s personal account, by following the relevant automated procedure on the Webiste or by contacting the Company by WhatsApp at the number displayed on the Website and in the following Clause 21.

Once the 24 hours limits is exceeded, the Company will charge the amounts due to the payment instrument used by the Customer at the time of purchase and the Customer may cancel the reservation but will not have the right to change the Services booked or to receive any refund of the amount paid.

1. 4. DELAY AND CANCELLATION BY THE PROFESSIONAL

12. 1. If the Professional is late for the appointment scheduled with the Customer as per the reservation time displayed on the Website, the Company will inform the Customer in advance, who accepts as of now to wait for the Professional at least fifteen (15) minutes after the reservation time. It is specified that even if the Customer is late, the Professional agrees to wait for the Customer at least fifteen (15) minutes after the reservation time. 
    2. If, for reasons of force majeure, the delay should extend for more than fifteen (15) minutes and this compromises the possibility of using the Service, at the request of the Customer and/or the Professional, the provision of the Service may be rescheduled. It is understood that the causes of force majeure must be documented by the Customer through documentation and/or through facts and circumstances of public domain and interest. If the Customer fails to demonstrate the cause of force majeure, it will not be possible to reschedule the appointment with the Professional for the provision of the Service, nor will the Customer be entitled to any reimbursement.
    3. If the Customer’s delay exceeding fifteen (15) minutes is not due to force majeure, then the appointment for the performance of the Service will be considered cancelled, without the possibility of rescheduling or refunding it. In this case, the Customer accepts not to have anything to claim in any way from the Company or the Professional in charge of providing the Service.
    4. If the Professional cancels the Service at any time or delays the appointment with the Customer for a period of time exceeding fifteen (15) minutes, in addition to the possibility of rescheduling the Service, the Customer will be offered alternatively a refund of the entire amount paid. In both cases, the Customer accepts not to have anything to claim in any way from the Company or from the Professional selected to provide the Service.
13. Goods or services sold directly by the Company
    1. In relation to goods or services that are sold directly on the Website by the Company (and not by the Professionals), the Customer may exercise the right of withdrawal referred to in Section 52 of the Consumer Code, without giving any reason, no later than 14 days, respectively from the delivery of the goods, or from the date of purchase of the service, by sending an unequivocal statement of the decision to exercise such right of withdrawal, the details of the goods and services (including the order number), to the e-mail address info@takemihome.it.

14. Discounts, offers and gift cards
    1. The Company reserves the right, at its sole and unquestionable discretion, to offer discounts and/or offers on the Website. The conditions to which such discounts and/or offers are subject are indicated from time to time on the relevant information page on the Website Each discount and/or offer will be valid until its possible expiry date, as displayed on the Website. The Professionals may define further conditions.
    2. The gift cards that are sold on the Website - unless otherwise indicated by the Company in the purchase confirmation email sent to the Customer - can be used within 6 months from the date of issue, as indicated in the purchase confirmation email. The Customer will not be entitled to receive a refund of any kind if the gift card is not used, in whole or in part, within the aforementioned period of 6 months.
    3. Once a plurality of Services of a single Professional, offered at promotional prices (e.g. packages), or of a gift card sold by the Company for the use of certain services by a Professional are purchased, the Customer cannot request the use of Services offered by other Professionals or the cancellation or modification of the booked Services, the right of withdrawal being in any case excluded pursuant to the provisions of Section 59, paragraph 1, letter n) of the Consumer Code.

15. Indemnification
    1. The Customer undertakes to indemnify and hold harmless the Company (as well as any subsidiary or affiliated companies, its representatives, directors, agents, licensees, the Professionals and employees), from any claim, obligation or liability, including any legal fees, that may arise from damages caused to Professionals or third parties, before, during or after the provision of the purchased Service.
16. Limitations of liability
    1. The Company is not responsible for any matter between the Customer and the Professional. The Professional is solely responsible to the Customer for the Service provided.
    2. The Customer therefore accepts not to make any claim against the Company, including economic claims and/or requests for reimbursement deriving from events and circumstances attributable to the activity of the Professional. The Customer accepts that he will not make any claim and/or request for reimbursement against the Company for any defects connected to the Services and to any activity carried out by the Professional.
    3. The Platform and all functionalities accessible through the Website are made available to Customers in accordance with the provisions of these General Conditions, without any guarantee, explicit or implicit, that is not mandatory by law. In particular, no guarantee is provided as to the suitability of the Platform, the Website, the Services and/or the goods and services sold therein for the particular purposes intended by the Customer.
    4. The use of the Website and of the relevant functionalities is carried out by the Customers at their own risk and under their own responsibility and in the presence of a situation such as to require the provision of Services at their locations (e.g. at home).
    5. The Customer undertakes not to discriminate and/or denigrate third parties, Professionals and other Customers through the Website. In any case, the Company will not be liable for damage to the image caused by the Customer to third parties or to the Professional, loss of data, or any indirect damage accidental and consequential to the purchase of Services or the use of the Website.
    6. Therefore, the Company will not be liable for:

1. 1. any economic losses that are not a direct consequence of the violation of these General Conditions by the Company;
   2. any loss of business opportunity and any other loss, even indirect, suffered by the Customer in connection with the purchase of a Service and/or with the use or non-use of a Service for any reason whatsoever;
   3. damages or losses deriving from interruptions or malfunctions of the Website due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Company such as, by way of example and not limited to, breakdowns or interruptions of telephone or electricity lines, the internet network and/or, in any case, unavailability of other transmission tools or websites, strikes, natural events, pandemics and local, national and international health emergencies, measures of judicial authorities, laws and governmental, regional and local measures, computer attacks, interruptions in the supply of products, services or applications of third parties and incorrect or unsuitable use of takemihome.it by Customers or third parties;
   4. physical and/or moral damage suffered by the Customer due to the conduct of other Customers, Professionals and/or third parties.

17. Interruption of accessibility to the Website
    1. The Company reserves the right to add, remove functionality or features, or suspend or discontinue altogether the provision of the Platform or the accessibility of the Website, whether temporarily or permanently. In the event of a permanent interruption, the Company will implement a best effort to allow Customers to retrieve their information hosted by the Company.
    2. Privacy Policy

For information on the use of personal data, Customers should refer to the Company's privacy policy, which can be found at the following link:  PRIVACY POLICY

18. Age requirements
    1. The Customers declare not to be minors according to Italian law. Minors cannot use the Website.
19. Amendments to these General Conditions
    1. The Company reserves the right to make changes to these General Conditions at any time, informing the Customers by publishing them on the Website. The Customer who continues to use the Website after the publication of the changes accepts without reservation the changes made to the General Conditions.
20. Assignment of this contract
    1. The Company reserves the right to transfer, assign, dispose of by novation or subcontract all or any of its rights or obligations under these General Conditions, provided that the Customer's rights hereunder are not affected. The Customer may not assign or transfer in any way its rights or obligations under these General Conditions without the written consent of the Company.
21. Communications
    1. All communications relating to the use of the Website and the use of the Services must be sent using the contact information indicated in these General Conditions and on the Website.
    2. The Company is available to answer any questions forwarded by e-mail to the following address: info@takemihome.it.
    3. For the reservation of the Services it is also possible to contact the Company by phone or via Whatsapp at the number +39 3338131426, by e-mail at the above mentioned address.
22. Ineffectiveness and partial nullity
    1. If any clause of these General Conditions should be null, invalid or ineffective, the said clause will be deleted while the remaining clauses will not be affected and will remain fully valid and effective.
23. Applicable law and competent court
    1. These General Conditions and all disputes relating to the execution, interpretation and validity of the agreement between the Company and the Customer are governed by Italian law. The place of jurisdiction shall be Milan. An exception is made for the exclusive jurisdiction of the consumer's place of residence or domicile, in accordance with the applicable legislation (and in particular the Consumer Code).
24. Dispute resolution
    1. The consumer residing in a Member State of the European Union can use the online platform established by the European Commission to provide an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Company. The platform is available at the following link

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

25. Clauses subject to specific approval pursuant to Articles 1341 and 1342 of the Italian Civil Code
    1. Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer expressly accepts the following clauses: 10 (Booking procedure and purchase of the Services - express request for the beginning of the performance), 12 (Cancellation and modification of the booked Services. Delays and cancellation by the Professional), 16 (Limitations of liability), 17 (Interruption of accessibility to the Website), 19 (Amendments to these General Conditions).

1. 2. These General Conditions were last updated on 6 October 2021.