Terms and conditions

Art. 1 – General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter, the “General Conditions”) govern the sale and purchase between Akuis S.r.l., with registered office at Via Aita no. 2, 33028 Tolmezzo (UD), Italy, registration number with the Udine Business Register, tax code and VAT no. 02919200309, REA no. UD-297968 (the “Seller”) and the customer (the “Buyer”) regarding the goods and/or services (each a “Product” and collectively the “Products”) marketed on the website www.akuis.tech (the “Website”).

These General Conditions form an integral and essential part of the sales contract for the Products concluded through exchange of offer and acceptance pursuant to Article 3 below (the “Contract”) and entirely replace any of the Buyer’s contractual terms, even if previously agreed, any general conditions of the Buyer, and any prior agreements between the Parties, unless specifically and subsequently agreed in writing.

These General Conditions may be amended by the Seller. In such case, the Buyer will be informed via e-mail within 30 (thirty) days before the effective date of the changes and in any case before the conclusion of the Contract. It is understood that, if the Buyer qualifies as a consumer or user under Art. 3, paragraph 1, letter a) of Legislative Decree 206/2005 (the “Consumer Code”) (the “Consumer”) and such change occurs after placing a purchase order, it must be expressly approved by the Buyer. Otherwise, only the General Conditions in effect at the time of the purchase order and/or as individually agreed with the specific Buyer shall apply.

Art. 2.1 – Products

The material and digital characteristics of the Products are described on the respective webpages on the Website. “Home Products” refers to Products designed exclusively for domestic use, while “Business Products” refers to Products intended for commercial/professional use.

Each Product – both Home and Business – includes a hardware component and a software component, which must be considered an essential part of the Product. The software and its functionalities may vary depending on the compatible device installed. The Products may not be reproduced, reverse-engineered, or licensed.

Each Product also includes a GPS receiver that allows the Seller to track the Product’s location, to which the Buyer consents when placing the purchase order.

Home Products are not intended for professional use and cannot be purchased or used for such purpose. Home Products are intended for purchase and use only by a Consumer or one acting as such. The Buyer acknowledges the risks involved in using a Home Product for professional purposes.

Business Products are designed for professional use. Therefore, they may be purchased and used both in a commercial context and by a Consumer for domestic use.

“Professional use” refers to intensive use in public-access areas, including gyms and/or fitness centers within hotels or hospitality facilities (including corporate gyms) accessible to guests. “Domestic use” refers to use in private, non-public settings (e.g., residential properties), for daily periods and under loads compatible with use by an average household.

Art. 2.2 – Software

Under the terms and conditions of the Contract, the Seller grants the Buyer a non-exclusive, paid, limited license to use the software component essential for using the specific purchased Product, without the right to sublicense.

Except as expressly permitted by applicable law, the Buyer is not authorized to copy, modify, reverse engineer, translate, adapt, transform, decompile, or disassemble the software.

The Buyer is expressly prohibited from adapting, modifying, revising, improving, upgrading, or creating derivative works from the software, including bug fixes or any maintenance or support activities. Any other use of the software is expressly excluded.

The Buyer acknowledges and agrees that the Seller owns all intellectual property rights (including copyright) related to the software and its associated documentation.

The Buyer also acknowledges and agrees that the purchase of a Home Product grants a software license only for domestic use. Use of the software inconsistent with domestic use violates these General Conditions and the software license.

The Seller reserves the right, through a software verification system, to detect significant anomalies in Product and software use that indicate a violation of this license. If unauthorized use is detected, the Seller reserves the right to demand compensation for intellectual property infringement and payment of verification and enforcement costs.

Art. 3 – Conclusion of the Contract

The Contract is concluded via email or through E-commerce via the exchange of offer and acceptance between the Seller and the Buyer pursuant to Art. 1335 of the Civil Code. The quotation submitted by the Seller via email or E-commerce constitutes a contractual offer. In this case, the Buyer places the purchase order by sending the request via email or E-commerce to the following addresses: sales@akuis.tech and/or info@akuis.tech. If the Buyer proceeds with the purchase directly via the Website, the order acceptance will occur through a confirmation message sent to the email address provided by the Buyer during the procedure.

By sending the purchase order and/or purchasing directly on the Website, the Buyer acknowledges having read, understood, and accepted these General Conditions, evaluated the features, details, functionalities, and installation requirements of the Product, and accepts that email is the communication method agreed for exchanging relevant contractual information.

A copy of the concluded Contract is stored by the Seller and can be requested by the Buyer via sales@akuis.tech. The Buyer can identify and correct data entry errors by contacting the Seller via the same email. Available languages for concluding the Contract are Italian and English.

Art. 4 – Payment and Prices

Unless otherwise indicated in a specific quotation accepted by the Buyer, the prices of the Products are those listed on the Website at the time of order and are inclusive of VAT unless stated otherwise.

Shipping and installation costs, unless expressly specified in the accepted quotation, are not included. If the Buyer requests shipping and installation services, these will be quoted separately and must be approved by the Buyer.

If the Buyer is eligible for a reduced VAT rate, they must indicate this when requesting a quotation and provide the necessary supporting documentation to sales@akuis.tech. The order confirmation applying the requested VAT rate is subject to receipt of such documentation.

Payment may be made via the methods available on the Website: Soisy, credit card, and bank transfer, unless otherwise stated in the Seller’s quotation. The payment method may be changed during a subscription service, whether purchased with or separately from the Product.

If the Buyer qualifies as a Consumer under Art. 3 of the Consumer Code, they are entitled to twice the amount paid as a deposit if the Seller fails to execute the Contract or withdraws from it (Art. 33, para. 1, letter e, of the Consumer Code).

In deferred payment sales, the Products remain the Seller’s property until full payment is made. In case of missed or partial installment payments, the Seller may suspend software or multimedia services purchased with the Product (e.g., “SINTESI Virtual Trainer”) until payment is received.

Art. 5 – Delivery, Transport, Collection of Equivalent WEEE

The standard delivery term is EXW “Ex Works” (Incoterms 2020). If Products are delivered, at the Buyer’s request and expense, to a location other than the Seller’s warehouse, transport is at the Buyer’s cost and risk from the time the Products are made available at the Seller’s warehouse. If transport and installation are organized by the Seller on behalf of and at the Buyer’s expense, under the terms agreed from time to time, this constitutes an express exception to the “Incoterms 2020” rules.

The delivery date, indicated in the order confirmation, is approximate and non-essential, except in cases of force majeure or unforeseen events (including epidemics, government measures, strikes, wars).

The Seller will carry out free “one-to-one” collection of “equivalent WEEE” in Italy under Art. 4 of Legislative Decree 49/2014 for Buyers qualifying as consumers, upon express request. The Seller will collect one equivalent WEEE item for each new domestic-use electrical/electronic equipment purchased. The Buyer must make the equivalent WEEE available at the time of delivery. Any personal data on the WEEE must be removed by the Buyer before collection.

Art. 6 – Multimedia Services

If the order and/or quotation also includes the provision of multimedia services or additional content beyond the operating software, such as “SINTESI Virtual Trainer,” these will be made available through the activation of an account assigned to the Buyer during the registration process on the “SINTESI Virtual Trainer” platform. The Buyer is responsible for all activity carried out through the account. The Seller may suspend or terminate the account if unlawful activities occur and/or if a Home Product...

The activation date for services and content corresponds to the delivery date of the associated “SINTESI” machine. The minimum duration for accessing multimedia services is one month.

The Buyer’s data is subject to the privacy policy available at https://www.iubenda.com/privacy-policy/78048183

Multimedia content, as purchased, is subject to a monthly subscription and, unless otherwise agreed, renews monthly until canceled. The Buyer may cancel at any time, effective at the end of the current month. The Seller is authorized to charge the subscription fee for the following month using the chosen payment method. Available payment methods may change based on service provider data and regulations. If payment is not made, access will be blocked until payment is received.

If subscriptions longer than one month are purchased, they will automatically renew on a monthly basis at the current rate unless canceled, and where permitted by law.

Art. 7 – Conditions of Use

Products may only be used by adults in good health. The Seller is not liable for use by minors. The Seller is also not liable for damages related to the user’s health status, as it does not provide medical services and does not assess the user's health.

Use of Products must follow the instructions provided with the Product and/or available on the Website. The Seller is only liable in the following cases: (i) death or personal injury caused by gross negligence; (ii) willful misconduct or gross negligence; (iii) where liability exclusions are not allowed by law.

Home Products, including any multimedia content, are intended exclusively for domestic use. Professional use of Home Products is prohibited. Improper use may be dangerous. For safety reasons, the Seller reserves the right to limit daily use and/or the maximum programmable digital load if anomalies are detected in usage via software monitoring.

Each subscription grants only a limited, non-exclusive, non-transferable right to access multimedia content. Public use rights are excluded.

Products involving multimedia services beyond the operating software grant the Buyer access rights only. Data extraction, alteration, or blocking of software is prohibited.

The Seller informs the Buyer that both Home and Business Products require inspection or replacement of worn components as specified in the quotation and in the user manual provided upon purchase.

After the specified period, the Buyer must contact the Seller to inspect/replace the components at the Buyer's expense. Failure to do so releases the Seller from any liability for damages caused by malfunction and voids the warranty as per Article 8. The Seller may remotely limit certain Product features if use without required maintenance poses risks.

Art. 8 – Warranty

8.1 Warranty for Consumers
This warranty is granted only to Buyers who qualify as Consumers under Art. 3, paragraph 1, letter a of the Consumer Code. By purchasing a Home Product instead of a Business Product, the Buyer declares they are acting as a Consumer and therefore entitled to this warranty.

The warranty is valid throughout the EU and EEA, entitling the Buyer to free repair or replacement of the Product (if repair is impossible or too costly, at the Seller’s discretion). It does not entitle the Buyer to a substitute Product during the repair period. The warranty lasts 2 (two) years from delivery and defects must be reported as per Art. 132 of the Consumer Code.

If during maintenance (Art. 7) or warranty services, or based on facts or circumstances (e.g., use in gyms or public places), it is found that the Home Product was used professionally despite being purchased as a Consumer, the warranty will be void.

8.2 Warranty for Non-Consumers
This applies to Buyers not qualifying as Consumers. The Seller warrants that the Product is free from defects that render it unsuitable for its intended use or reduce its value (Art. 1490 Civil Code).

This includes repair or replacement at no cost to the Buyer, but no substitute Product is provided during repair. The warranty lasts 1 (one) year from delivery. It does not cover wear parts (rubber, ropes, bearings, drive belts, etc.).

Under Art. 1497 Civil Code, defects must be reported to the Seller via registered mail or certified email within 8 (eight) days of discovery.

8.3 Common Warranty Provisions
A “warranted Product” refers to either Home or Business Products, excluding wear parts. The warranty does not cover: (i) damage from improper or non-intended use (including professional use of Home Products); (ii) damage from force majeure, unforeseen events, or exposure to weather; (iii) damage from unauthorized third-party installation.

The Seller is not liable for damage due to improper installation, maintenance, or attachment to ground/walls by the Buyer or unauthorized third parties.

The user manual will be provided in print or electronic format. The Buyer must retain the packaging for possible returns. If the original packaging is not preserved, the Buyer must use equivalent protective packaging, or the warranty will be void.

In case of malfunction, the Buyer must send photographic documentation of the Product with the defect report. The Seller may then decide to inspect on-site or request the return of the Product. If no defects are found or the warranty does not apply, all costs will be borne by the Buyer.

Art. 9 – Safety

The Seller guarantees that the Products comply with legally required safety standards. The Seller is not liable for damages caused by the Products to the Buyer, third parties, or their property, except in the following cases: (i) death or personal injury caused by the Seller’s gross negligence; (ii) willful misconduct or gross negligence; (iii) where liability exclusions are not allowed by law.

The Buyer acknowledges that Home Products are not intended for professional use and agrees to hold the Seller harmless against any liabilities, including third-party claims, resulting from use for unintended purposes. This invalidates the warranty in Article 8.

Art. 10 – Right of Withdrawal

10.1 Under the Consumer Code
Buyers qualifying as Consumers, i.e., those purchasing for personal use unrelated to their professional activity, may withdraw without penalty and without stating a reason by sending a communication via registered mail or PEC to the Seller within 14 (fourteen) working days from the day the Buyer or a third party (excluding the carrier) takes possession of the Product, or from the Contract conclusion date in the case of services.

The return address is provided in Article 12. The communication must include: (i) Buyer’s personal details (name, surname, address, phone number, email); (ii) the Buyer’s IBAN for the refund.

In case of withdrawal, the Seller will refund all payments, including delivery costs, within 14 (fourteen) working days. Refunds may be withheld until the Product is returned or proof of return is provided.

Return shipping costs are borne by the Buyer. The Product must be returned in its original packaging or equivalent, undamaged, and complete. Only value loss due to reasonable handling to inspect the Product’s features will be accepted.

10.2 “Satisfaction or Refund” Withdrawal
Buyers qualifying as Consumers may return the Product within 30 (thirty) calendar days from delivery if not satisfied. The Buyer must notify the Seller via registered mail or PEC within this period. The communication and return address are provided in Article 12.

The communication must include: (i) Buyer’s personal details; (ii) IBAN for refund. The Seller will refund the price paid, excluding delivery charges and any damage or excessive wear.

Return shipping is at the Buyer’s expense. The Product must be returned in original packaging, undamaged, and complete.

Art. 11 – Governing Law and Jurisdiction

These General Conditions are governed by Italian law, excluding the application of the 1980 Vienna Convention on international sale of goods.

For Consumers, jurisdiction lies with the court of their residence or domicile. For non-Consumers, exclusive jurisdiction lies with the Court of Udine.

Pursuant to Art. 14 of Regulation 524/2013, the Buyer is informed that disputes may be submitted via the EU ODR platform at: http://ec.europa.eu/consumers/odr.

Art. 12 – Communications

For information or complaints, the Buyer may contact: info@akuis.tech 
Alternatively, the Buyer may send a registered letter to: 
Akuis S.r.l., Via Aita no. 2, 33028 Tolmezzo (UD), Italy 
Certified email (PEC): akuis@pec.it

Art. 13 – Financed Purchases

If Product purchases are made through financing, the Buyer agrees to the financing terms provided by the Seller’s financial partners, subject to separate approval. Any breach of these financing terms also constitutes a breach of these General Conditions.

Art. 14 – Buyer’s Declaration

The Buyer is invited to read these General Conditions carefully before purchasing. By purchasing, the Buyer declares to have read and expressly accepted them. Product descriptions are provided on the technical sheets available at www.akuis.tech. It is advisable to print or save a copy of these Conditions for future reference.

By placing an order through the Website, the Buyer guarantees to have full legal capacity to enter into purchase agreements and be of legal age.

For Home Products, the Buyer declares they qualify as a Consumer and are therefore entitled to the warranty in Article 8.

Pursuant to Articles 1341–1342 of the Civil Code and Art. 33 of the Consumer Code, the Buyer expressly approves the following clauses: Article 2.1 (Products – risk acknowledgment); Article 2.2 (Software – compliance checks); Article 3 (Contract conclusion); Article 4 (Payment and prices – retention of title, suspension); Article 6 (Multimedia services – suspension); Article 7 (Usage conditions – liability and warranty limitations); Article 8.1 (Warranty – limitations); Article 9 (Safety – liability limitation); Article 10 (Withdrawal); Article 11 (Governing Law and Jurisdiction); Article 14 (Buyer’s declarations).

Advanced Kinetic User Interaction Systems

Via Aita Menotti 2
33028 Tolmezzo (UD) Italy
+39 0433 850100
info@akuis.tech
P.I. (VAT) IT 02919200309