Terms and conditions of sale
a. Ownership of e-commerce
1. These General Conditions of Sale refer to the online purchase of CRLAB products on the crlab.com website E-commerce section, owned by Advihair S.r.l. (Advihair) – Via Benini, 11 – 40069 Zola Predosa (BO) – VAT number 11495171008, registration REA BO 495116
2. These purchases are reserved exclusively for direct user customers, with the exception of subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the related products to third parties. The provisions of Legislative Decree 206/05 will regulate each purchase transaction; the information aimed at the conclusion of the contract will be subject to art. 12 of Legislative Decree 70/03 and the protection of confidentiality will be subject to the legislation referred to in Legislative Decree 196/03.
3. Details of legal and operational headquarters of Advihair: Via Benini, 11 – 40069 Zola Predosa (BO) Tel. 051.755407 Fax 051.0954617 Toll-free number 800 150 150 e-mail: firstname.lastname@example.org pec: email@example.com
4. Contacts for complaints: Tel. 051.755407 Fax 051.0954617 e-mail: firstname.lastname@example.org Pec: email@example.com. The Company will contact the customer for clarification within 3 working days after he submits the complaint.
The purchase of products from the crlab.com site assumes the customer awareness and acceptance of the general conditions of sale described below. These general conditions are valid from 11 July 2012 until the day of their updating/modification by Advihair. The updating/modification of these general conditions may take place without notice. The update/modification of these general conditions will be valid from the date of publication on the website crlab.com.
1. The Customer commits, whenever there is a modification of these general conditions, to read them and to arrange for their printing and storage.
2. Purchase procedure for the Customer. The Customer undertakes to print and store the various stages of the purchase procedure thus confirming the procedure, in order to fully satisfy the condition of Article 12 paragraph 3 of Legislative Decree 70/03. The purchase procedure consists of the following steps:
a) Registration. The Customer who intends to make a purchase of the products offered on the crlab.com site must, first, proceed to register for security reasons. He must be of major age and is required to correctly indicate his personal data as well as to provide his e-mail address in the manner specified within the site itself. The customer guarantees the accuracy and truthfulness of all data entered and all information provided to Advihair, undertaking to hold the latter not responsible from any third party claims in any case related to these obligations.
b) Purchase selection. Once the registration is successfully completed, the Customer can proceed to order the products of interest, indicating the data for shipping and billing. At any time prior to placing the order (see letter d below), the Customer will be able to correct any errors made during the order compilation by means of special tools on the web page or in the related software.
c) Purchase methods. The customer can only order the products presented and available on the crlab.com website viewed catalog, subject to stock exhaustion, at the time of placing the order. Each product is related to a specific information sheet containing all the information required pursuant to Articles 7 et seq. of Legislative Decree 70/2003 (in particular, product description, price, taxes and delivery costs, any discounts and promotions). The image accompanying the description of each product might not be perfectly representative of its characteristics. All purchase support information is intended as a simple generic information material, not referable to the real characteristics of each individual product. In case of particular promotional operations, Advihair may make the purchase of products subject to constraints other than those set out in these General Conditions. These constraints will always be specified in the regulations supplied with the offers themselves and included in the detail pages.
d) Completed order. Before sending the online order, the Customer must carefully read the information contained in the order summary to correct any errors or omissions, as well as having read and accepted the Conditions.
c. Conclusion of the contract
1. Sending the online order, by clicking on the ‘complete order’ button, the Customer sends Advihair a proposal to purchase the product and/or products chosen from the online catalog of the crlab.com site. When sending an online order he agrees to purchase at the price and terms indicated in the General Conditions of Sale in force at the time the order is placed. Customers must read and accept the general conditions of sale before sending the online order. Sending the order therefore implies full knowledge of the same and their full acceptance.
2. The contract is concluded when Advihair communicates the acceptance of the order to the Customer via e-mail. In particular, Advihair will not accept orders: – from customers who are found to have defaulted against Advihair and/or – from customers registered in the register of protests or subject to enforcement procedures and/or – from customers who do not provide real personal data, not document their identity or do not make available the other data necessary for the delivery of the product and/or – if the address of the place of delivery of the goods is not in Italy or Portugal and/or – sent by traders, wholesalers, retailers, professionals , etc. who intend to resell the related products they purchase to third parties and/or – if the material at the time of the order was not available in stock and/or – if the Customer cannot or does not want to pay for the product.
3. The acceptance of the order by ADVIHAIR, which will determine the conclusion of the contract, will take place with an e-mail message with the subject “Order confirmation” and a definitive summary of the information concerning the order code, purchased products, price, shipping costs, payment methods, billing and shipping data.
4. The Customer undertakes to verify the correctness of the aforementioned data and to communicate any corrections to Advihair and in any case within 24 hours of receipt of the confirmation e-mails of the same. Possible increase in costs caused by errors in the data not reported promptly will be charged to the Customer.
5. The non-acceptance of the order will also be communicated to the Customer by e-mail; the reasons for non-acceptance will not be specified in this e-mail message. If the Customer has already paid the price of the product and the shipping costs, the corresponding amount will be refunded in the following 2 working days from the sending of the e-mail message acknowledging the non-acceptance of the order.
d. Sales and payment prices
1. Crlab.com website displays all products sale prices, in any case this do not constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code are expressed in euros and include VAT and all other taxes. Advihair is not responsible for taxes imposed by other countries.
2. The selling price of the product is that indicated on the crlab.com website when the Customer, after making a computer connection, submits the purchase order.
3. Payment can be made by credit card or cash on delivery of the products.
When placing the Order, the Customer is required to indicate the chosen payment method.
i. If the Customer decides to proceed with the purchase paying by credit card, the total amount due for each sale will be charged only after the acceptance of the order by Advihair and upon shipment of the goods ordered or on the working day prior to shipment.
ii. Advihair reserves the right to ask the Customer, at any time, to send additional information and/or documents proving ownership of the credit card used to complete the payment. If the Customer does not comply with the requests, Advihair reserves the right not to accept the order, or to withdraw from the contract, promptly informing the Customer at the e-mail address indicated in the order.
iii. In case of payment made by credit card, the financial information (for example, the credit / debit card number or the date of its expiry) will be forwarded, via encrypted protocol, to the Banca Cassa Di Risparmio Friuli Venezia Giulia without third parties being able to, in any way, have access to it. Furthermore, this information will never be used by Advihair except to complete the procedures relating to the purchase and to issue the relative refunds in the event of any product returns, following the exercise of the right of withdrawal by the Customer, or if it is necessary to prevent or report to the police the commission of fraud on the site http://crlab.com
iv. The payment of the products by cash on delivery can be made by check made out to the couriers appointed by Advihair, or in cash.
4. For all sales, Advihair will issue an accompanying invoice at the time the accepted order is processed.
e. Shipping cost
1. The total cost of the shipment is charged to the customer for the amounts established below:
– IN ITALY: 6.00 Euros for orders below 90 Euros; – no shipping costs for orders over 90 Euros.
– IN PORTUGAL: 25.00 Euros for orders of less than 300 Euros; – no shipping costs for orders over 300 Euros.
f. Methods of delivery of products
Integrity of packages and quantitative and qualitative correspondence with the order.
1. Advihair will deliver by courier the products selected and ordered at the address indicated by the Customer.
2. The purchased goods will be delivered to the Customer in the manner and within the terms described in the following points.
3. Advihair, after checking stock availability, will process the accepted order in the next 3 working days, at the address indicated by the Customer. For some products, it may take a few additional days for availability; in this case, the Customer will be promptly informed of this circumstance.
4. The Customer can only order products currently present in the Advihair electronic catalog visible online at crlab.com.
5. If the request made through an online order exceeds the quantity available for a given item, Advihair will be able to accept the purchase limited to what is actually available in its warehouse. Advihair Customer Service will be responsible for informing the Customer (via telephone or e-mail) whether or not the products ordered will be available in the future.
6a. DELIVERY IN ITALIAN TERRITORY
The normal delivery times for the Italian territory are within 24/48 hours after shipment (Saturdays and Sundays and holidays and days before holidays are not to be considered). In special cases, and if it is a matter of delivery in the islands or in peripheral areas, the delivery times may last up to 72/96 hours (Saturdays and Sundays and holidays and pre-holidays are not to be considered).
6b. DELIVERY IN PORTUGUESE TERRITORY
The normal delivery times for the Portuguese territory are within 3/4 days after shipment (Saturdays and Sundays and holidays and days before holidays are not to be considered). In special cases, and if it is a matter of delivery in the islands or in peripheral areas, the delivery times may last up to 5/6 days (Saturdays and Sundays and holidays and pre-holidays are not to be considered).
7. The Customer will receive an e-mail at the time of shipment inviting him to be available at the delivery address in the following 24/48 hours.
8. The Customer is required to verify, upon receipt of the product, the conformity of the product delivered to him with the order placed only after this verification, and obviously subject to the right of withdrawal provided for by art. i) below, the Customer must sign the delivery documents.
9. Upon delivery of the goods, the Customer must verify the integrity of the packages and the correspondence of what was delivered with what is indicated in the enclosed document. In case of discrepancy, the same must be reported on the same enclosed document and confirmed, within seven days by fax to 051.0954617 or registered letter with return receipt, to Advihair Srl, Via Benini 11 – 40069 Zola Predosa (BO) or via pec to the following address: firstname.lastname@example.org
10. Home delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8.00 to 13.00 and from 14.00 to 18.00, every day, except holidays, from Monday to Friday. The Customer is required to make himself available at the aforementioned times, in order to avoid any additional charges for non-deliveries by the express courier, charges that in the event of the Customer’s failure to be available at the aforementioned hours will be borne by the Customer.
11. ADVIHAIR is not responsible for damage caused by the courier to the products purchased.
1. Advihair assumes no responsibility for delays or in any case disruptions due to unexpected events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from giving execution within the time agreed in the contract. 2. Advihair will not be liable to any party or third party for damages, losses and costs incurred because of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid. 3. Advihair is not responsible for any possible fraudulent or illegal use made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products.
h. Compliance guarantee
1. The products sold on the crlab.com website are covered by the guarantee of conformity provided for by law (Legislative Decree 206/2005) within the terms prescribed by the same (Article 132 of Legislative Decree 206/2005) as follows:
• i. The seller is responsible, pursuant to Article 130 of Legislative Decree 206/2005, when the lack of conformity occurs within two years of delivery of the goods.
• ii. The consumer loses the rights provided for in Article 130, paragraph 2, if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect. The report is not necessary if the seller has recognized the existence of the defect or has concealed it.
• iii. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
• iv. The direct action to assert the defects not maliciously concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in article 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the referred to in the previous period.
2. Any further form of conventional or commercial guarantee is expressly excluded.
i. Information on the right of withdrawal
1. Pursuant to art. 64 and following of Legislative Decree 206/05, the customer can exercise the right of withdrawal, returning the product received and obtaining a refund of the price paid.
2. The Customer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased product.
3. To exercise the right of withdrawal, the Customer must:
•a. Within the period of 14 days indicated above, send a registered letter with return receipt to the following address Advihair Srl, Via Benini, 11 – 40069 Zola Predosa (BO) or PEC communication to the following address: email@example.com Within the same deadline of 14 days, a telegram or a fax can be sent to the number 051.753307 which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt or PEC communication: firstname.lastname@example.org confirming the withdrawal manifest;
• b. Send the products that he intends to return to Advihair S.r.l. (Via Benini, 11 – 40069 Zola Predosa, BO) in a state of substantial integrity.
4. The return of the product to Advihair must take place within fourteen (14) working days from the date of receipt of the product.
5. The costs of returning the products are charged to the Customer who, directly or by other means, will deliver them to the above-mentioned Advihair headquarters.
6. The Customer undertakes to preserve and guard the products received with care and diligence for which he intends to exercise the right of withdrawal, in order to preserve their substantial integrity.
7. Advihair will receive the returned products reserving the right to determine that the Customer has returned them in a state of substantial integrity. Only in this case will it send the amount paid by the Customer for the purchase of the products as soon as possible and in any case within 30 days from the date of receipt of the notice of withdrawal.
8. The return of products that are not substantially intact will not be accepted by Advihair and the same will be returned to the Customer with an increase in transport costs.
l. Cost of using the remote communication technique
1. For all on-line services on the crlab.com site, the connection costs charged by the Provider used by the Customer for the connection are applied; the Customer must therefore contact their Provider to obtain the necessary information about the connection costs.
m. Method by which the concluded contract is filed and related access methods
1. To view the orders placed which will be electronically archived by Advihair and possibly reprint a copy, the Customer can connect to the crlab.com site and, after having completed the login, access the “my orders” section of his personal page and reprint the order. The Customer may also proceed with the modification of his personal data, after having carried out the login, by accessing the “my data” section of his personal page. The modification of personal data will not have effect for orders already completed and sent online, but only for future ones.
n. Contract conclusion languages
1. The General Conditions are available in Italian and English
o. Express resolution
1. Advihair may terminate by right pursuant to art. 1456 of the Italian Civil Code this contract in the event that the Customer performs even only one of the behaviors described below, except in any case for compensation for damage:
i) Insertion of false, and/or invented, and / or fictional and/or third party data, in the registration procedure
ii) Customer double registrations;
iii) Failure to pay the agreed amount.
p. Jurisdiction and competent court
1. This contract is governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered online through the crlab.com website is subject to Italian jurisdiction.
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