Terms of service

General Terms of Use

This site is owned by Health and Happiness (H&H) Italy, a company registered in the Milan Business Register (no. 10223130963), with registered office at Viale Sarca, 235, Tax Code and VAT No. 10223130963 (hereinafter “H&H” or using pronouns such as “We” or “Our”).

Access to and use of this Site as well as the purchase of products on the Site are governed by these general terms of use and sale.

Access, browsing and purchase of Products will be governed by the general terms of use and sale in force at the time of each individual access and/or purchase.

The user is solely responsible for the accuracy, truthfulness, and ownership of all data transmitted to the website, without the site manager being required to carry out any verification in this regard.

The information contained on this site is for informational purposes only, may be modified or removed at any time, and in any case under no circumstances can constitute the formulation of a diagnosis or the prescription of a treatment, and is not intended and must not in any way replace the direct doctor-patient relationship or a specialist visit. It is always recommended to ask for the opinion of your own general practitioner and/or specialists regarding any indication reported. If you have doubts or questions about the use of a supplement, you must consult your doctor.

The information published on the site is provided after careful verification of sources, chosen with care and, as far as possible, updated and official. However, it is not possible to guarantee the absence of errors and the accuracy of the information disclosed.

We invite users to follow the advice on the site only if they are physically healthy and in any case only after consulting their own general practitioner.
In particular, but not only, in the presence of any type of pathologies, intolerances, pregnancy, post-pregnancy, obesity, etc., we recommend consulting a doctor or specialist.

Under no circumstances shall the Site, H&H, the authors of articles and/or contents and/or comments, nor other parties connected to the Site, be held responsible for any possible damage even hypothetically related to the use of the contents and/or information present on the Site.

Intellectual Property Rights

All content on the Site, including software components, are protected by copyright owned by H&H and its business partners. Without the written consent of H&H and/or other legitimate holders of intellectual property rights on the Site contents, reproduction and/or copying - in whole or in part - of the site contents, production and use of derivative, modified and/or updated products drawn from the site contents is prohibited. The prohibition on use extends to any form of reproduction and use, exercised by any means, that goes beyond mere viewing of the site and other activities constituting normal and legitimate use of the Site for the purposes for which it was created.

Hyperlinks to other websites

If the Site contains hyperlinks to other websites, H&H cannot in any way be held responsible for any violation of the user’s rights that may occur due to access to external sites, which H&H does not control and for whose content and services it assumes no responsibility.

Service continuity

The user expressly acknowledges that H&H may temporarily suspend and/or interrupt access to the Site to carry out updating and/or maintenance operations. Access to the Site may also be interrupted due to causes not attributable to H&H, such as interruption and/or suspension of third-party services. The site manager assumes no responsibility for the suspension and/or temporary unavailability of the Site.

General Terms of Sale

1. SCOPE OF APPLICATION

This document contains the general terms and conditions of sale (hereinafter, “GTC”) that govern online purchases made on the website it.swisse.com (hereinafter, “Website”). They do not regulate the provision of services or the sale of products by parties other than H&H that may be present on the Website through any links, banners or other hyperlinks. Before placing purchase orders for products and/or services from parties other than H&H, the Customer is invited to verify their terms of sale. H&H is not responsible for the provision of services by third parties other than H&H itself or for the conclusion of e-commerce transactions between users and third parties.

Products purchased on the Website are sold directly by H&H.

The GTC apply exclusively between H&H and any natural person purchasing products on the Website (hereinafter, “Customer/s”).

The Website is intended for users who are at least 18 years old. The person responsible for the minor assumes responsibility for supervising the minor’s navigation on the Website through any devices assigned to the minor under their control and responsibility.

H&H invites you to carefully read the GTC before proceeding with any purchase via the Website.

2. DEFINITIONS

Consumer Code: Legislative Decree no. 206/2005 and subsequent amendments and additions

Customer: the Consumer, as defined below.

Order Confirmation: notice sent to the Customer by email, providing the final details relating to the purchase contract concluded between H&H and the Customer (of which these GTC form an integral part).

Consumer: a natural person, adult or otherwise legally capable, who places an order on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity subject to the Consumer Code regulations.

Price: the contractual consideration indicated in the Order Confirmation, including VAT.

Product/s: the products listed in the electronic catalog published on the Website, as described in the related product sheets and detailed in the Order Confirmation.

3. PRODUCT DESCRIPTION

We strive to ensure that our Products are described as accurately and up-to-date as possible on the Website. Should we become aware of the need to update a description, we reserve the right to do so at any time.

The images on this Website are provided for illustrative purposes only and we do not guarantee that any image will be reproduced with real colors, nor that any specific image will reflect or represent the entire design or options related to that Product.

We strive to keep our Product listing updated; however, we cannot guarantee the availability of Products advertised on the Website.

Product prices may be subject to updates. The Customer is responsible for verifying the final sale price before submitting the relevant order form.

4. CONTRACT CONCLUSION

To conclude the purchase contract for one or more Products, the Customer must complete the electronic order form, carefully entering their data as requested in the form and submitting it electronically to H&H, following the instructions on the Website.

Before sending the order form, the Customer receives a summary containing all the data entered and the possibility to correct any errors.

The Customer can choose to register their user profile or proceed with the order registration as a guest user.

The protection of personal data is fundamental for H&H. For more information on how we process Customers’ personal data, please refer to our Privacy Policy.

The Customer assumes responsibility for the truthfulness and correctness of the personal data entered and provided to H&H during registration and submission of the order form. It is understood that any damage/delay/inconvenience attributable to the incorrectness and/or untruthfulness of the personal data entered at registration and/or subsequently modified shall in no case be charged to H&H.

Before proceeding with the purchase of products by submitting the order form, the Customer will be asked to carefully read the GTC and accept them by ticking the acceptance box, to print a copy using the print command, and to save or reproduce a copy for personal use.

By submitting the order form, the Customer unconditionally accepts and undertakes to observe these GTC. If the Customer does not agree with any of the terms herein, they are invited not to submit the order form for the purchase of Products.

By submitting the order form, the Customer also confirms that they have read and accept the additional information contained in our Privacy Policy.

The order form will summarize the main information related to each Product ordered. In particular, it will specify the price (including all applicable taxes and/or duties), the available payment methods, and the delivery methods for the ordered products (along with the related costs).

The purchase contract between the Customer and H&H is concluded with the acceptance of the offer by H&H, which takes place simultaneously with the shipment of the Products. Shipment will be made against advance payment and only after the entire amount has been credited to our bank account.

5. PRODUCT ORDER

Product availability refers to actual availability at the time the Customer submits the order form. However, H&H cannot be held responsible in any case for the temporary unavailability of one or more Products.

If Products are out of stock, this is generally specified on the Website.

If specific Products presented on the Website are no longer available or for sale after submission of the order form, H&H will inform the Customer of such unavailability before the Order Confirmation.

Without prejudice to what is provided in the section “Right of Withdrawal”, the submission of the order form by the Customer also constitutes acceptance of any partial delivery, limited to the Products available among those ordered, as well as a waiver of any claims for compensation or indemnities related thereto. If the Customer has already paid for the entire order, H&H will refund the portion corresponding to the unavailable Products as described in the section “Refund Times and Methods”.

H&H may refuse to process purchase orders submitted by the Customer if the data provided are incomplete or incorrect.

6. PAYMENTS

All Prices are expressed in EURO and include VAT. We reserve the right to modify Prices at any time.

For the payment of product prices and related shipping and delivery costs, the Customer may use one of the payment methods indicated in the order form.

In case of payment by credit card, the entire payment process will be managed securely by Adyen. Consequently, H&H will never have access to any information regarding it (e.g., full credit/debit card number, security code).

7. SHIPPING AND DELIVERY OF PRODUCTS

At the time of actual shipment of the Products, H&H will send the Customer, at the indicated email address, the Order Confirmation. This document will contain the list of Products actually purchased along with their main features, including the price inclusive of VAT. It will also contain all information related to shipping data, costs, and expected delivery times. Additionally, the total cost of the order (with and without VAT) and the main information related to the payment made will be indicated. Finally, the document will contain the seller’s fiscal data (Name, Legal form, Registered office, Company registration number, Tax Code, VAT number, and Responsible person).

Products are shipped in Italy and European Union countries via couriers. Delivery occurs by shipment within 2-5 working days (i.e., Monday to Friday) from shipment. In any case, H&H reserves the right to deliver the ordered Products within a maximum period of 30 days from the Order Confirmation email.

The Customer receives the shipment tracking number at the indicated email address, enabling them to follow the shipment status and know the expected delivery day.

H&H commits to doing everything necessary to respect the delivery times indicated above, but cannot be held responsible for damages or inconveniences caused by any delays.

The cost for each shipment associated with an order will vary based on the following parameters: destination and total weight of the Products purchased with the single order, and will in any case be specified both during the order submission process and in the Order Confirmation. The seller reserves the right to offer free shipping as an accessory to the order. In any case, the free or paid shipping condition will be communicated to the Customer before proceeding with the purchase.

All costs mentioned above include VAT, at the applicable legal rate.

Delivery is considered at street level and will be made, unless otherwise indicated, Monday to Friday during normal office hours (from 9:00 a.m. to 6:00 p.m.), excluding national holidays.

8. ORDER CANCELLATION

Without prejudice to the provisions regarding withdrawal, it is possible to cancel orders not yet processed by contacting Customer Service via email (hello@it.swisse.com).

If, at the time of order cancellation, payment has already been made, it will be necessary to contact Customer Service to proceed with the refund process.

It is not possible to cancel an order once the shipping process has started, without prejudice to the right of withdrawal.

9. RIGHT OF WITHDRAWAL 

Pursuant to Article 52 of the Consumer Code, the Consumer Customer has the right to withdraw from the purchase contract for any reason, without providing explanations and without any penalty, within the terms and procedures indicated in the following articles.

The withdrawal period expires 14 days after the day on which the Customer acquires physical possession of the last Product ordered.

To exercise the right of withdrawal, the Customer must notify H&H by means of an explicit statement (e.g., by letter, email or using the attached withdrawal form) within the withdrawal period.

The Customer is responsible for returning the Products purchased within 14 days from the communication of withdrawal and at their own expense, unless otherwise agreed.

To exercise the right of withdrawal, the Products must be returned in their original packaging, in perfect condition, with all labels, accessories, instructions for use, manuals, and any promotional or free gifts included in the purchase.

The Customer shall bear the direct costs of returning the goods, except for the case where the purchased goods differ from those ordered or are defective.

The Customer is responsible for any deterioration or loss of the Products while in their possession until the return is completed.

H&H will reimburse the Customer for the amounts paid, including the cost of delivery, using the same means of payment originally used for the purchase, within 14 days from the date H&H is informed of the Customer’s decision to withdraw from the contract.

The Customer acknowledges that the reimbursement may be withheld until the Products are returned or the Customer has provided proof of returning the goods, whichever occurs first.

The Customer shall not be entitled to any reimbursement or compensation if the Products show signs of improper use, damage, or loss.

For further details, please refer to the attached withdrawal form.

10. WARRANTY AND LIABILITY

Products purchased on the Website are covered by the legal warranty pursuant to Legislative Decree no. 206/2005 and subsequent amendments.

Any defect or non-conformity must be reported to Customer Service within eight days from the date the Customer receives the Products.

H&H is responsible for any defects or non-conformities as provided by law.

H&H excludes any other liability beyond that provided by mandatory laws.

11. DATA PROTECTION

We process Customers’ personal data in accordance with the applicable legislation. For more information, please consult our Privacy Policy.

12. APPLICABLE LAW AND JURISDICTION

These GTC and all contracts concluded through the Website are governed by Italian law.

For any disputes arising from or related to the purchase contract, the exclusive jurisdiction lies with the Court of the place of residence or domicile of the Consumer Customer, if located within the territory of the Italian State.

Ship the products to:
Health and Happiness (H&H) Italy
Viale Sarca 235
20126
Milan

The shipping costs related to the return of the Product are borne by the Customer in case of exercising the right of withdrawal, while they will be borne by H&H for the return of non-compliant products.

Upon receipt of the Products, H&H will proceed with the refund if and only if the Products have been sent within the specified terms (the postmark or delivery date to a courier will be proof) and if the Products are perfectly intact and in their original packaging.

11. TIME AND METHODS OF REFUND

The Refund can refer to two different types of situations:

1. refund of the total amount related to an order for which the right of withdrawal has been exercised;
2. partial refund related to an order for which one or more products were unavailable.

Whatever payment method the Customer used and except as indicated in the matter of withdrawal in Article 8 above, the refund is activated by H&H as soon as possible and in any case within thirty (30) days from the sending of the Order Confirmation (in case of partial refund due to unavailability of one or more products) and within fourteen (14) days from receipt of the Withdrawal Communication (in case of withdrawal), using, where possible, the same payment channel used for the order.

The refund of amounts will always be made by H&H in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the bank account from which the bank transfer used for the purchase was made).

H&H, also in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the Products returned or until the Customer has proven to have shipped back the Products.

12. WARRANTIES

H&H does not sell irregular products or products of quality lower than the corresponding standards offered on the market.

The essential characteristics of the products are indicated on the Website on each Product detail page. However, the images and colors of the products offered for sale may not correspond to the real ones due to the Internet browser and the monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer cannot make any objection against H&H if the packaging of the delivered Product does not match the Product image shown on the Website in terms of color/shape/size. H&H reserves the right to modify the Product packaging at any time.

H&H pays the utmost attention to the consistency of what is described and presented on the Website with respect to what is reported on the label on the Product packaging. In any case, it is emphasized that, where differences are found, the label and the usage instructions provided by the manufacturer will always prevail.

At the time of delivery by the courier of the purchased Product, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, nor wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).

At the time of receipt of the Products, the Customer must:

- ensure that the packaging is intact. Otherwise, they MUST NOT accept the Products and leave them with the courier. If this happens, the Customer must promptly notify H&H in order to proceed with the rapid reshipment of the purchased goods;

- photograph the package – if the Products received are damaged or incomplete/not correct – both outside and inside so that, in case of a refund request, H&H can request such material to verify the actual problem.

Once the courier’s document is signed, the Customer cannot raise any objections about the external characteristics of what was delivered and the risk of loss or damage of the Products will fully transfer to the Customer.

H&H recognizes the legal warranty of conformity on all products pursuant to articles 128-135 of the Consumer Code.

The Customer may request the replacement of the non-compliant product specifying the reason “warranty for non-compliant product,” the order code, and the reason for the return. The Seller, after verifying compliance with the above, will send, through its Customer Service, an email to the Customer “return opening” containing the procedure to follow for the return of the products.

H&H will arrange for express courier pickup of the defective Product directly at an address indicated by the Customer. After receiving the product, H&H will assess the actual alteration and, if confirmed, will replace the goods at its own expense within no more than 30 days from the date of receipt of the return. If negative, H&H will promptly communicate the negative outcome of the return procedure to the Customer, who will not receive any replacement product. In any case, the Customer may, at their own expense, collect the product from H&H within no more than 30 days from the communication of the negative outcome of the procedure.

H&H reserves the right to ask the user to attach to the request to benefit from the Legal Warranty of Conformity the Order Confirmation and/or the delivery note or other documents proving the date of purchase and delivery.

H&H is not responsible or obliged to compensate indirect, immaterial or consequential damages, including (without limitation). The warranty in question is valid only for products purchased by a Customer residing within Italian territory.

The limitation of liability in the articles does not apply in cases of fraud, willful misconduct or gross negligence committed by H&H or serious injury or death caused by grossly negligent behavior of the Seller.

The Warranty of conformity of products is reserved for Website Customers and applies only to users who made the purchase on the Website for purposes unrelated to any business, commercial, artisanal or professional activity carried out. Those who purchased on the Website but are not Customers will be subject to the warranties for defects in the sold item, warranty for defect of promised and essential quality, and other warranties provided by the civil code with related terms, forfeitures, and limitations. Excluded from the scope of the Warranty of conformity of products are any defects caused by accidental events or user responsibility or use of the product not in accordance with its intended use and/or the instructions provided with the product and in cases where products are stored in unsuitable places or exposed to weather, dirt, or contaminants.

13. CUSTOMER SERVICE

The Customer may request any additional information from H&H by contacting Customer Service via email at hello@it.swisse.com or through the appropriate form available in the Contacts area of the Website.

14. APPLICABLE LAW AND DISPUTE RESOLUTION

These GTC and General Conditions of Use are governed by Italian law and in particular by the Consumer Code, with specific reference to distance contract regulations and Legislative Decree 9 April 2003 no. 70.

In case of disputes arising from the GTC and General Conditions of Use between H&H and each of its end users, H&H hereby guarantees full adherence and acceptance of the conciliation service RisolviOnline.
RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows reaching a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure way, on the Internet.

For more information on the RisolviOnline regulations or to submit a conciliation request, visit Risolvionline.com.

15. CHANGES AND UPDATES

H&H may modify or simply update, in whole or in part, these GTC. Changes and updates to the GTC will be notified to users on the Website Home page as soon as adopted and will be binding as soon as published on the Website in this same section. Any new GTC will take effect from the moment of their publication on the Website and will apply to sales made from their publication.

We therefore recommend regularly checking this section to verify the publication of the most recent and updated GTC.