Terms and Conditions
Date of publication on the website and entered into force 31.03.2014
- Purpose of the contract
- Subject and conclusion of the contract
- Payment methods
- Availability of products
- Delivery Methods
- Right of Withdrawal Liability
- Warranty and Service mode
- Obligations customer’s
- Applicable law. Choice of Court
- Taxes on imported products
- Final Clause
The website www.labiocosmetici.com is owned by BURELLO Ivano with registered office in Torino Via Passalacqua 0 / G, registered at the Chamber of Commerce of Turin to the number REA TO-694 231 Companies Register, tax code BRLVRN56M09L219D and VAT number 05,208,530,013. All online sales of products Labiocosmetici (infra products) are carried out as part of these Conditions of Sale.
The marketing of products Labiocosmetici on-line at www.labiocosmetici.com (below the Site) is governed by the following Terms and Conditions and involves, on the part of the Customer, unconditional and unreserved acceptance of the same.
The terms and conditions of sale can be modified at any time by Labiocosmetici (name of company) with effect from the publication on the website. Sending the order to the Customer shall constitute acceptance of the conditions of sale posted on the website at that time.
Soc. Labiocosmetici observes the rules on distance contracts referred to in art. 50 and following of Legislative Decree no. N. 206 of 6 September 2005 on electronic commerce as well as that of LD. n. 70 of 9 April 2003. These terms and conditions are considered an integral part of this contract.
The Customer is invited to read carefully the conditions set below: the customer is entitled to save and / or print them.
- 1.1 The term “contract of sale on line” means the sale and purchase agreement relating to tangible movable property sold by Soc Labiocosmetici concluded between this and the consumer, as part of a sales system remotely by telematics organized by Soc Labiocosmetici.
- 1.2 The term “Customer” means the individual consumer completes the purchase under this contract, for purposes not related to the commercial or professional from the same activity.
- Purpose of the contract
- 2.1 With this contract, respectively, Soc Labiocosmetici sells and the customer buys at a distance, by means of telematic tools, moveable materials listed and offered for sale on the site www.labiocosmetici.com
- 2.2 Each purchase is governed by the terms and conditions of sale in the version that will be posted on the Site at the time of transmission of the order by the Customer.
- 2.3 The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. If one or more sales are carried out against a person not qualified as a consumer, will apply to the present general conditions of sale, but in derogation of the provisions in the same:
- a) the purchaser will not be entitled to withdrawal pursuant to Art.
- b) the purchaser will not be recognized any other safeguards, provided here in favor of the consumer, which reflect or are consistent with predictions required by law;
- c) the contract of sale between the seller and the buyer will be governed by Italian law.
- 2.4 The products referred to in paragraph 2.1 are illustrated in the website www.labiocosmetici.com and described in the relevant data sheets; The picture in a product may not be fully representative of its characteristics, but differ in color, size and accessory products.
- 2.5 These Terms and Conditions of Sale do not regulate the provision of services or the sale of products made by third parties that use direct links to the site www.labiocosmetici.com through banners or other hypertext links. Soc Labiocosmetici in any case could not be responsible for the provision of the services promised by third parties or for the execution of e-commerce transactions between customers and third-party Labiocosmetici Soc.
- Subject and conclusion of the contract
- 3.1 The presentation of products on the Site, without obligation for the seller, is a mere invitation to the customer to formulate a proposal for a contract of purchase and is not an offer to the public.
- 3.2 The contract between the customer and Soc Labiocosmetici is made through the Internet by accessing the Customer at www.labiocosmetici.com, where, following the procedures outlined, the customer will come to formalize the proposal for the purchase of goods referred to in paragraphs 2.1 and 2.2 of the previous article.
- 3.3 The purchase contract is concluded by completing the following procedure, which can always be corrected, amended and canceled until the time of the order:
DESCRIPTION OF THE ORDER PROCEDURE
- 3.4 The order submitted by the Customer shall be binding for Soc Labiocosmetici only if the entire purchase procedure has been duly and correctly completed without any highlighting of error messages from the website, and after sending by Soc Labiocosmetici part of the Customer an e-mail confirmation of the order. The e-mail contains the details of the customer and order, a summary of the general and special conditions applicable to the contract, the price of the goods purchased, the means of payment chosen, shipping charges, taxes and levies applicable, an indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to communicate any corrections Soc Labiocosmetici at the address above.
- 3.5 By placing an order, the customer declares to have read all the information provided to him during the purchase process, and accept these terms and conditions of sale. The contract is not perfected and effective considered between the parties in the absence of what is stated in the preceding paragraph.
- 3.6 Soc Labiocosmetici could not take charge and process the order if the orders are incomplete or incorrect, or if the products are no longer available. In the cases mentioned above, the customer will be informed by e-mail that the contract has not been executed and that Soc Labiocosmetici has not confirmed the purchase order specifying the reasons for crediting the payment.
- 3.7 The contract between Soc Labiocosmetici and the Customer shall be concluded with the acceptance, even partial, by Labiocosmetici Soc. This acceptance is automatic, unless otherwise communicated to the client.
- 3.8. Under Article 12 of Legislative Decree no. 70 2003, Soc Labiocosmetici informs the customer that every order is stored in digital form or on paper at its headquarters, according to criteria of confidentiality and security. The Customer may at any time request a copy in Soc Labiocosmetici
- Payment methods
- 4.1 Every payment by Customer may be made only by one of the methods listed on the site www.labiocosmetici.com. We accept credit cards of the major international circuits: VISA, MASTERCARD, AMERICAN EXPRESS, POSTE PAY; payment will be made exclusively via PAYPAL.
- 4.2 For payments made by credit card, the order amount will be charged at the time of the order. If the unavailability of a product is detected after the order and the reservation of the post card, Soc Labiocosmetici will take the necessary steps with the operator to reverse the payment transaction related to goods not available.
- 4.3 If, for any reason, you can not constrain the charge, also to protect the customer, the amount due the sales process will be automatically canceled and the sale shall be resolved pursuant to art. 1456 cc The customer will be informed via e-mail automatically.
- 4.4 The communications relating to the payment and data provided by the Customer at the time when this occurs is done on special protected lines and with all the guarantees ensured by the use of security protocols provided by the circuits of payment.
- 5.1 The sales prices displayed on the site www.labiocosmetici.com are inclusive of standard packing costs, VAT (if applicable) and any indirect taxes (if applicable) and relate only to products sold online. The price applied will be that in force at the time of order and stated in the e-mail confirmation of the order, without regard to increases or decreases in prices, even for promotions, may have occurred subsequently.
- 5.2 The shipping costs are not included in the purchase price, but they are indicated and calculated at the time of conclusion of the purchase process before payment.
- 5.3 Where the goods are to be delivered to a country outside the EU, the total price specified in the order and confirmed in the confirmation of the order, inclusive of indirect taxes (if applicable) is net of any customs duties and any other sales tax that the customer agrees to pay from now, when due, in addition to the price specified in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country in which the products will be delivered. The client is invited to inquire at the relevant bodies in their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of products
- 5.4 The invoice is not mandatory, if so requested by the customer beyond the time the transaction was executed, as indicated in Art. 22 of Presidential Decree of 26/10/1972 n. 633. Labiocosmetici Soc By submitting the order to the customer agrees to receive the invoice / receipt in electronic format. The customer will receive the invoice / receipt in hard copy upon written request to Labiocosmetici Soc. After the issuance of the invoice, you can not make any changes to the data shown in the same.
- Product Availability
- 6.1 The availability of the products relates to the time when the customer consults the cards of the product; this must, however, be deemed to be indicative because , due to the simultaneous presence of multiple users on the site , the products may be sold to others before confirming the order . Can not in any circumstances be attributed to Soc Labiocosmetici responsibility in the event of unavailability of one or more products.
- 6.2 Labiocosmetici Soc . will not in any way responsible for the temporary or permanent unavailability of one or more products. Site are highlighted in the cases in which limitations are worth the purchase of individual products . In the case of temporary unavailability of the products applied , Soc Labiocosmetici agrees not to charge the customer the price to match. If it has been sent the order, and the price has already been paid for items that are no longer available , Soc Labiocosmetici refund the customer the full amount paid for those items.
- 6.3 Even after sending the e-mail confirmation of the order by Soc Labiocosmetici, there may be cases of partial or total unavailability of the goods. In this case, the customer will be promptly informed in writing or via e-mail and can decide whether to accept the delivery of the only products available, repayment for those unwilling or whether to request the cancellation of the order, resulting in the repayment of amounts possibly already paid, communicating by e-mail to Labiocosmetici Soc.
- 6.4 For the cases referred to in the preceding paragraph, the Customer may choose, at the time of order, if you accept a supply different from that agreed upon, of the same value.
- Delivery Methods
- 7.1 Labiocosmetici Soc . will deliver the products selected and purchased by courier to the address specified by the customer when ordering , as confirmed in the e- mail summary referred to in paragraph 3.3
- 7.2 Orders will be processed as soon as received. Soc Labiocosmetici undertakes to deliver the goods as soon as possible and in any event within 30 days from the day following that on which it received the order from the customer.
- 7.3 The total amount of expenditure will be visible before proceeding with your purchase confirmation.
- 7.4 The delivered goods will be checked and delivered to the shipping company integrates and without defects . Soc Labiocosmetici can not be held responsible in any way for any delays or damages attributable to the fault of the shipper.
- 7.5 The ordered goods depends solely on the will of the customer. If it was rejected, Soc Labiocosmetici charge Customer for the shipping charges to return.
- 7.6 Shipments are made all over the world, the time is determined by the shipper as well as costs.
- 8.1 Soc Labiocosmetici assumes no liability for disruptions caused by force majeure or unforeseeable circumstances , even where employees of a malfunction or disruption of the Internet, in case it is unable to execute the order within the time stipulated in the contract.
- 8.2 Soc Labiocosmetici will not be liable for any damages , losses and costs incurred by the Customer as a result of failure to perform the contract for reasons not attributable to the same , and if they are not depended on the fact or omission of Soc Labiocosmetici , having the right customer only to the refund of the price paid and any additional charges incurred.
- 8.3 Soc Labiocosmetici can not be held responsible for the information, data, and any technical or other inaccuracies that may be contained in the site, if they have been submitted by third parties and have been verified by Soc Labiocosmetici according to the criteria of ‘ ordinary diligence.
- 8.4 Soc Labiocosmetici assumes no responsibility for any fraudulent or illegal use that may be made by a third party credit card upon payment of the purchased products, if he proves that he took all possible precautions based on the best knowledge and experience of the moment and on the basis of ordinary diligence.
- Right of withdrawal
- 9.1 The Customer has the right to cancel the contract without penalty and without specifying the reason, within ten working days from the day you received the products, by sending a written notice by registered letter to / r at Soc Labiocosmetici Via Passalacqua 0 / G 10122 Torino TO . The notice may be sent, within the same period, by e-mail (to the address email@example.com ) provided that it is confirmed by registered letter with acknowledgment of receipt within forty-eight hours.
- 9.2 The notification referred to in the preceding paragraph shall specify the intention to withdraw from the purchase and the product or products for which it intends to exercise the right of withdrawal , attaching a copy of your receipt / tax invoice [ the order confirmation email or the invoice, if the request has been received ] . The customer must then return the product at his own expense in the original packaging in Soc Labiocosmetici , at Via Passalacqua 0 / G 10122 Torino TO . The goods must be returned undamaged , in original packaging, complete in all its parts and in conjunction with the tax documentation attached.
- 9.3 Without prejudice to the right to verify compliance with the above, Labiocosmetici Soc . and will re-credit the card used for payment to repay the amount of the products covered by the withdrawal as soon as possible and within a maximum period of 30 days from the date on which it became aware of the withdrawal . Soc Labiocosmetici has the right not to accept returned products that have been altered from their original condition or have been damaged.
- 9.4 If the recipient of the products indicated in the order is different from the person who made the payment for such products , the amount paid which corresponds to the returned items will be refunded by Soc Labiocosmetici to those who have made the payment.
- 9.5 If you exercise the right of withdrawal , Soc Labiocosmetici will not be responsible for the shipping costs for returning or for any loss or damage of the goods attributable to third parties .
- Warranty and Service mode
- 10.1 Labiocosmetici Soc markets products of high quality. In case of receipt of products not conforming to the contract of sale, pursuant to Articles . 129 et seq. of the Consumer Code , the customer loses all rights to the seller if the lack of conformity is denounced within two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed.
- 10.2 In any case, unless the contrary is proved, it will be presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the defect of conformity.
- 10.3 In the event of lack of conformity, the customer may request, either without charge , under the conditions described below, the replacement of the item purchased, a reduction of the purchase price or the termination of this contract , unless the request is not showing objectively impossible to satisfy or it is prohibitively expensive for Soc Labiocosmetici pursuant to art. 130, paragraph 4 , of the Consumer Code.
- 10.4 The request should be sent in writing , by registered mail , to Labiocosmetici Via Passalacqua 0 / g 1022 Turin TO which will indicate their willingness to act on the request, or the reasons for its failure to do so within seven days working days of receipt . In the same communication, where the customer’s request has been accepted , Soc Labiocosmetici shall indicate the method of delivery or return of the property as well as the deadline for the return or replacement of defective goods.
- 10.5 If the replacement is impossible or prohibitively expensive , or Soc Labiocosmetici has failed to replace the goods within the period referred to in the preceding paragraph or, finally, replacing previously done has caused significant inconvenience to the customer , they may request , at its choice , an appropriate reduction of the price or the contract rescinded . The customer will then have to send their request to Soc Labiocosmetici which will indicate their willingness to act on the same , or the reasons that prevent her from doing so within seven working days of receipt.
- 10.6 In the same communication, where the customer’s request has been accepted , Soc Labiocosmetici shall indicate the reduction in the price proposal or how to return the defective goods . It will be the Customer’s responsibility in such cases indicate how the crediting of amounts previously paid to Soc Labiocosmetici.
- Obligations of the Customer
- 11.1 The Customer undertakes to pay the price of the goods purchased in the time and manner specified by these Terms of Sale.
- 11.2 The Customer undertakes, once the purchase process online, in print and provide for the conservation of these General Conditions of Sale, which will have been expressly accepted prior to the conclusion of the procedure.
- 11.3 The Customer is solely responsible for the accuracy of the data included in the registration procedure and undertakes not to enter false and / or invented and / or fantasy. The customer keeps raised Soc Labiocosmetici from any liability arising from the tax records are incorrect due to incorrect data supplied by the same.
DISCLOSURE PURSUANT TO LEGISLATIVE DECREE NO. 196/2003
We inform you, pursuant to art. 13 of Legislative Decree 196 /2003, that Soc Labiocosmetici processes the data you provide in accordance with the legislation on protection of personal data .
The conferment of data is needed and therefore any refusal to supply them determines the inability to perform the service of buying online .
We also inform you that the personal data you provide is collected by electronic means and treated, even with the help of electronic media , directly and / or through delegated third parties (a company for delivery, for mailing and data entry) and may be used , subject to your explicit consent necessary for the purposes functional to the following activities:
- • Execution of the service and management of the purchase of the products;
- • statistical analysis , send you promotional material, including through the use of electronic mail.
Providing your data for the aforementioned purposes is voluntary : your refusal will make it impossible for Soc Labiocosmetici to follow up on their activities.
In any case, your data will not be disclosed (if not a company for the delivery, for mailing and data entry) or sold to third parties. Within Soc Labiocosmetici the data may be known only by those specifically charged with operating the Head of E-commerce , Information Technology, Marketing , Sales , Sales and administrative offices.
Pursuant to art. 7 of Legislative Decree 196/2003 , you have the right at any time to obtain from the data processor information on the processing of personal data , its methods and objectives and the logic applied to it as well:
- 1 ) confirmation of the existence of data and the communication of such data and their origin;
- 2 ) the identification of the owner and managers , as well as the subjects or categories of subjects to whom personal data may be communicated or who can learn about them as managers or agents;
- 3 ) the updating , rectification and integration of the data;
- 4 ) the cancellation , transformation into anonymous form or blocking of the data processed in violation of the law;
- 5 ) certification that the operations referred to in paragraphs 3) and 4) have been brought to the attention of those to whom the data were communicated or disseminated, with the exception of the case where this proves impossible or involves a the use of means manifestly disproportionate to the protected right;
- 6 ) object : the processing of data , even if pertinent to the purpose of collection , for legitimate reasons; to the processing of data for purposes of commercial information or for carrying out market research.
Holder of the treatment is BURELLO Ivano at Labiocosmetici Company with its registered office and administrative headquarters in Via Passalacqua 0 / G 10122 Torino TO and administrative headquarters . To exercise your rights under art . 7 of Legislative Decree 196/2003 , write to the attention of the Soc Labiocosmetici, responsible for the processing of personal data, always at: Soc Labiocosmetici with registered office in Via Passalacqua 0 / G 10122 Torino TO or at e-mail firstname.lastname@example.org
- 13.1 These Terms and Conditions of Sale are made by all of the terms that compose them.
- 13.2 If one or more provisions of these General Conditions of Sale shall be deemed invalid or declared that pursuant to law or in response to a decision by the body having jurisdiction, the other provisions shall continue in full force and effect.
- Applicable Law. Choice of Forum
- 14.1 All contractual relationships between the parties and the general conditions of contract are governed by Italian law.
- 14.2 For any dispute that may arise in relation to the application, interpretation and enforcement of these general conditions of sale, will be the competent court of the place of residence or domicile of the consumer.
- Taxes on imported goods
Labiocosmetici is an Italian company based in Italy . As soon as the goods purchased on our website will reach the customs of the country of delivery if different from Italy will be treated as imported merchandise.
In most countries in the world are often imposed taxes on imported goods. However, this only happens if the package is checked. Usually for small orders or small packages do not need to pay anything because the package is not examined , but the controls are always random , sometimes it can happen to pay even for small orders, sometimes large parcels pass without being checked.
In cases where the parcels to be checked and the customs of the country of delivery imposes customs duties on products in the delivery , the Customer must pay the amount corresponding to the courier upon delivery of the package .
It is not possible to calculate in advance of any taxes or duties , or give the opportunity to pre-pay them .
In the event that the goods are sent to a third person, please make sure that the person who receives the parcel knows the possibility of having to pay taxes when receiving the goods .
For more information you can contact to the following organs :
Italy – Customs Agency – http://www.agenziadogane.it
Switzerland – Federal Customs Administration – www.ezv.admin.ch/?lang=it
- Penalty clause
This Agreement shall terminate and replace any prior agreements, understandings, negotiations, oral or written, previously intervened between the parties and on the subject of this contract.