1.1. These general conditions of sale have as their object the purchase of products made remotely, via telematic means or by telephone, of the products presented on the site www.glamhairshop.com, and constitute an integral and essential part of the purchase contract of any Product. The forwarding of an Order, as described below, implies acceptance by the Customer.
1.2. The provisions that refer to "Consumers" apply exclusively to subjects who are natural persons and who place an Order for purposes other than their entrepreneurial, commercial, artisanal or professional activity.
Temperino guarantees that Consumers will benefit from all the protections provided by law, in particular, for the conclusion of distance contracts pursuant to Title III, Section II, of Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), as amended by Legislative Decree 21.02.14 n. 21, in implementation of Directive 2011/83/EU, as well as all the additional protections provided for Consumers by the Consumer Code itself and by any other applicable law.
For any clarification or information regarding the content of the general conditions of sale, or for complaints and disputes, Glamhairshop customer service is available by sending an email to info@glamhairshop.com. Even if the Customer does not wish to use the telephone service, all rights and powers recognized by law are still applied.
1.3. The general conditions apply to all Orders for the purchase of Products and forwarded to Temperino through the website www.glamhairshop.com.
1.4. "Customer" means both the "Consumer" (a natural person who places an Order for purposes other than their business, commercial, artisanal or professional activity), and the "Professional" (a natural or legal person who places an Order in the exercise of their business, commercial, artisanal or professional activity).
1.5. "Order" means any proposal for the purchase of one or more Products, formulated by the Customer via the Internet or by telephone, while the term "Contract" indicates the agreement between Temperino and the Customer who purchases one or more Products. The formulation of the Order and the conclusion of the contract will be carried out according to the methods indicated below.
1.6. "Products" means the products, accessories and equipment for hair care that are indicated in the catalog accessible by clicking on the "products" item on the pages of the website.
1.7. Please note that "Working Day" refers to any day of the week, except Saturday, Sunday and public holidays according to Italian law.
1.8. The Customer may keep a copy of these general conditions of sale, as well as all the documents that make up the Contract relating to the Products purchased on the Site, using the normal functions of their browser (e.g.: "File" –> "Save as")
1.9. The Customer may archive the data of their Order, either by downloading the general conditions of sale, as provided for in the previous article and saving, with the support of the functions of their browser, the data summarized in the last web page that precedes the forwarding of each Order, or by waiting for the Order Confirmation Email that Temperino will send, following the forwarding of the Order, to the email address indicated by the Customer. This confirmation email will contain the data of the Order forwarded by the Customer, with the consequent possibility of printing or saving such documentation.
1.10. The data of each Order will be saved by Temperino on its systems. In order to preserve the confidentiality of such information, access to them by the Customer will be permitted only after prior authentication in the reserved area of the Site called "My account", by entering specific access credentials by the Customer that will be assigned to him/her at the time of registration on the Site. In this reserved area, by entering his/her credentials, the Customer will be able to consult the Contracts already concluded, the pending Orders and those just forwarded, as well as update and save his/her contact details, any bank details and/or data relating to the subscription to the newsletter service. The Customer undertakes to treat his/her access credentials to the aforementioned reserved area of the Site in a confidential manner and not to make them available to third parties.
1.11. The data saved by Temperino in its computerized registers are considered as proof of communications, orders and payments between the parties.
2. CONCLUSION OF THE CONTRACT
2.1. Any contract entered into for the purchase of products will be exclusively stipulated in Italian.
2.2. Before forwarding to any Order, the Customer is invited to read them carefully these general conditions of sale. Also, before proceeding with product purchase by transmitting the order form, the customer will be asked to print a copy using the print option and to save or reproduce a copy for your own personal use.
2.3. The presentation of products on the website is merely an invitation to users to formulate an offer, so it is not binding for penknife and, in particular, does not constitute an offer to the public pursuant to art . 1336 of the Italian Civil Code. It remains in the sole discretion of penknife every decision on acceptance of the proposals may be formulated.
2.4 Conclusion of the contract via internet
2.4.1. To purchase one or more products via the Internet, the Customer will provide Sharpener, in compliance with the applicable provisions on the protection of personal data, all the data required to enable a penknife itself to execute the submitted Orders.
2.4.2. The Customer may select one or more products that it may consider purchasing, placing them in a "shopping cart" virtual, which will always display the content before forwarding the Order.
2.4.3. By clicking on "Proceed to checkout" button, it will initiate the process of your Order. At the stage of formulation and the Order until its actual forwarding the Customer shall, however, the opportunity to review the data entered by clicking on "Back", so as to identify and correct any incorrect information.
2.4.4. Clicking on the "Finalize Order", the Customer will make placing your Order against penknife.
2.5 Conclusion of the contract over the phone
2.5.1. The customer can proceed to relay an order by contacting customer service at (+39) 320 3945918, talking to operators all data required for its completion (name, surname, email address, billing and shipping address, if other than the billing address). The Order will be deemed submitted at the end of the telephone communication.
2.5.2. Each order placed in such manner shall be understood, in effect, as a contractual proposal by the customer. Penknife will send the Order and Conditions of Sale by fax or by sending an email account that the email address supplied by the customer. The Order and these conditions will be signed by the customer and sent back via email or fax. The contract will be concluded on confirmation by penknife against the same receipt of the Order, by sending an email account that the email address supplied by the customer. By sending this email, Pencil Sharpener will, furthermore, to inform the customer whether the order can be accepted or not (order confirmation).
2.5.3. Sharpener has the right to accept or decline any orders received without, in case of rejection, the customer can lay claim or claims against any Temperinoad title. The Order shall be deemed, in any case, accepted and consequently the agreement concluded at the time that the customer will receive on your e-mail address, Email Confirmation Order-containing confirmation of the Order.
2.5.4. In the exceptional case of cancellation by both the Customer and in case of rejection of the same by penknife, you will be required the cancellation of the transaction and the transfer of the amount committed. The release times depend exclusively on the banking system. Once the cancellation of the transaction, in no event penknife can be held liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.
2.5.5. Placing an order in the manner provided, you represent that you have read all information provided to him during the purchase procedure and accept the general conditions and payment below.
It excludes any right of the Customer to damages or compensation, and any contract or tort liability for direct or indirect damages to persons and / or property, caused by the rejection, even partial, of an order.
3. PRICE AND SHIPPING COSTS
3.1. The prices of products posted on the homepage or in the various sections of the website are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the products, where this is different from Italy, which will be charged to the customer.
3.2. The prices of the products shown on the Site are subject to change at any time and without notice, provided that, limited to orders being accepted or already accepted by Sharpener will apply the conditions of sale in force at the time of order by the Customer, unless the orders are not accepted.
3.3. The transport costs are free for purchases exceeding € 60 VAT included delivered within the Italian territory. In the case of orders below this amount for delivery in Italian territory, the cost for the delivery of the goods will be € 5.00. For deliveries outside of the national territory the cost will depend on the destination of the goods. For each case, the cost of shipment will be displayed automatically before the order confirmation.
4. SHIPPING AND DELIVERY
4.1. For deliveries, Pencil Sharpener will make use of selected carriers from the same Products are delivered to the address indicated by the customer on d 'order, and only in the geographical areas served by the carriers who operate on penknife.
Penknife will evaluate and possibly not to execute orders, that provide for the delivery outside the Italian territory.
4.2. Delivery times are on average from 3 to 5 working days from the date of validation of the order and are given for information only. Therefore, if the said period had passed they will not, under any circumstances, claim damages or deductions. In any case, in compliance with the provision of law, the delivery will be made within thirty days from the date of conclusion of the contract
4.3. Unless otherwise specified delivery means to the street level.
4.4. Upon delivery of the goods by the courier, the customer is required to check: a) that the number of boxes is the same as indicated in the transport document; b) that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials (adhesive tape or plastic).
4.5. If delivery of a damaged product or non compliance with the order, the customer has the option to refuse delivery (obligatory mention on the delivery note) and must notify penknife within a period of 14 days.
In case of missing products, the customer must make mention of this in writing on the delivery receipt provided by the delivery person.
In the absence of reserves on the delivery note, no claim will be taken into account either by courier or by penknife.
4.6. Any damage to the packaging and / or product or the mismatch in the number of packages or particulars, must be immediately notified, the word "AGREE WITH RESERVE" on the courier's delivery receipt. Once signed the document courier, the customer can not make any objection about the appearance of what was delivered.
Therefore we recommend, even when you do not have problems outside of the package, to always sign the courier slip with the words "With subject to control". If that name is in fact missing are found Product damage the courier will not be held accountable regardless of whether or not insurance.
Any problems concerning the physical, correspondence or completeness of the products received must be reported within 7 days from delivery.
4.7. If delivery has not yet been carried out after 5 working days after order confirmation, the customer must inform Sharpener by phone or contact form. We will open a claim with the carrier in order to know the reason for the delay.
4.8. In case of absence of the recipient, the delivery guy is bound to leave a delivery notice in the mailbox of the customer letters. The customer will then get in touch with penknife or with the transportation agency no later than 4 days to take the throw in free delivery.
4.9. If you fail to collect within 5 working days of the material in storage at the warehouses of courier because of repeated inability to deliver to the address indicated by the Customer, the order will be automatically canceled, the courier will proceed to delivery the penknife neck. In this case the customer is required to repay to penknife the double shipping costs (gone to the client and back to the company).
4.10. Together with the package you will arrive also you a receipt with the list of products contained in the package and the details of shipping.
4:11. Penknife will not be responsible for failure or delay in delivery due to force majeure, such as - but not limited to strikes, the Public Authority measures, rationing or shortage of energy or raw materials, transport difficulties, fire, flood, flooding and damage to machinery industrial. If the cause of greater strength persists for a period longer than 30 (thirty) days, either party may withdraw from the contract. In case of withdrawal, the customer is not entitled to any compensation or damages of any kind, subject to the right to the refund of the amount already paid as consideration for the Product.
4:12. Penknife will not be responsible for the lengthening of delivery terms of whether the conveyor, especially in cases of loss of products, from weather or strike.
4.13. If you make a mistake in the shipment by penknife and arrives there an article different from the one ordered, please do not open the packaging but contact us we will withdraw the product or at least provide the information necessary for the return of the same and send the correct, without incurring additional shipping charges. If for returning the Client should incur these expenses will be recognized in the same form of a discount coupon for future purchases.
5. PAYMENT
5.1. Except in cases in which choose to use the option "Cash on Delivery", the customer will pay the full price of the Products ordered, when forwarding the Order. It is understood that, in case of non-acceptance of the Order, Pencil Sharpener will promptly refund to Customer any amounts already paid.
5.2. During the Order, it may be proposed by penknife different payment methods, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment via secure system "Paypal" payment Prepaid (eg. "Postepay"), payment by bank transfer and payment inn "Mark." The customer must indicate the method of payment, including those proposed by penknife, which intends to use.
5.3. For the Order made by phone, the payment of the price must be paid upon delivery of the Products, or by bank transfer if required between the mode of payment.
5.4. If the product is marked on the site as "available", Pencil Sharpener will ship that article as soon as possible or, if paying by bank transfer, within 5 (five) working days after the confirmation of receipt of payment. The availability listed on the site is not a binding because the amount shown may not match the actual inventory in stock. Penknife will not be responsible for failure or delay in delivery if the ordered goods are not delivered by the supplier / manufacturer or a penknife, however, are not available to circumstances not under his control.
5.5. In any case, if the customer is a consumer and the unavailability of products, do not permit the delivery of Sharpener Product within thirty (30) days after posting of the Order by the Consumer same, Pencil Sharpener will refund the consumer any of the price upfront payments within thirty (30) days from the day following that on which it was sent to the Order.
6. RIGHT OF WITHDRAWAL
6. RIGHT OF WITHDRAWAL
6.1. If the customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason, without having to provide explanations, according to the methods and conditions illustrated below.
6.2. To exercise this right, the Consumer must send Temperino a written communication to this effect, within 14 working days from the date of receipt of the Products, or from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself/herself, acquires physical possession of the goods. The withdrawal communication must be sent by registered letter with acknowledgement of receipt, or by fax or e-mail provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 (forty-eight) hours, to the addresses indicated below. For this purpose, you can use the standard withdrawal form below, but it is not mandatory.
Standard withdrawal form
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I hereby notify the withdrawal from my contract of sale of the following goods: (indicate the products subject to withdrawal), ordered on (indicate the date) and received on (indicate the date).
Name of the consumer
Address of the consumer
Date
Signature of the consumer (only if this form is notified in paper version)
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6.3. The right of withdrawal is in any case subject to the following conditions:
6.3.1. the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
6.3.2. the right does not apply, once opened, to packaged and sealed products that have an expiry date or a best before date;
6.3.3. the right does not apply to packaged and sealed products, once opened;
6.3.4. the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment, etc.); to limit damage to the original packaging, we recommend, when possible, to insert it in a second box; in all cases, the affixing of labels or adhesive tape directly on the original packaging of the product must be avoided. Once the product is packaged, Temperino will proceed with its collection;
6.3.5. the Consumer will be required to return the Product to Temperino to the addresses indicated below within the same period of 14 days from the communication of withdrawal. The Products must be returned correctly packaged in their original packaging, in perfect condition for resale (not ruined, damaged) and equipped with all possible accessories, instructions for use and documentation; equipped with the transport document (present in the original packaging), so as to allow Temperino to identify the Consumer (Order number, name, surname and address). The Consumer is only responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. It is specified, in any case, that the right of withdrawal in favor of the Consumer does not apply to Products that, by their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, by way of example, cosmetic products that have already been opened.
6.4. If the returned Product does not comply with the provisions of the previous paragraph, the withdrawal will not be effective.
6.5. Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the product or the packaging and/or the original packaging are damaged or their value is reduced due to handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves, Temperino will withhold a percentage from the refund due, in any case not exceeding 20% of the same, as a contribution to the restoration costs.
6.6. If the Consumer withdraws from this contract, all payments made to Temperino will be refunded, including delivery costs (with the exception of additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered), within 14 days from the day on which Temperino receives information about the decision to withdraw from this contract. Such refunds will be made using the same means of payment used for the initial transaction, unless the Consumer has expressly agreed otherwise.
6.7. The right of withdrawal lapses entirely when the product returned to Temperino lacks one of the conditions set out above.
6.8. In the event of forfeiture of the right of withdrawal, Temperino will provide for the return
7. WARRANTY AND MANAGEMENT OF COMPLAINTS
7.1. To purchases made by consumers apply the rules of law relating to guarantees, including, if applicable the rules laid down by the Consumer Code relating to the guarantee for the consumers.
7.2. It has paid close attention to the accuracy of information presented on the site. Penknife or its suppliers are therefore not responsible for the consequences, incidents, special damages resulting from electronic transmissions or incomplete information transmitted. Names and brands of products or manufacturers and are used only for identification purposes. The photos and descriptions are only examples. The picture accompanying the description of a product can not be fully representative of its features but differ in color, size, and accessories in the picture. All support information for purchase are intended as mere material for general information, not due to real characteristics of a single product.
7.3. This guarantee will apply to products that present lack of conformity and / or failures not evident at the time of purchase, provided the product is used properly and with due diligence and that respecting its destination and as provided in any technical documentation , compliance with the various operating rules therein. The guarantee will not be applicable in case of negligence and carelessness in the use, conservation and maintenance of the product, the purchased is connected to electrical installations or any other type of connection is not up to standard. The guarantee is personal and will apply only to the original buyer, being restricted to direct customers and not to dealers, retailers, etc.
7.4. When it finds any defect in the purchase object Products under these general conditions of sale, the consumer can contact, under penalty of forfeiture, within two months from discovery, Sharpener, as specified in these general terms of sale and request repairs or replacement of the Product. The choice between repair or replacement will remain in the availability of the Consumer, except in cases where the chosen remedy is objectively impossible or excessively expensive compared to the other. It is encouraged to call customer service at no. (+39) 320 3945918 for any information on repair or replacement.
7.5. Penknife invites the customer to describe in as much detail as possible the nature of the fault or defect identified and possibly to transmit a copy of the Order documents that indicate the order number, the consumer number and any other relevant information for the correct identification of the complaint. If no reply is received to the Consumer within 5 (five) working days, Sharpener calls since the consumer now to solicit a response. Penknife may also want to verify that the e-mails sent by the same may not be re-routed in or blocked by any 'spam filters' that do not arrive correctly at the destination other technical issues of the e-mail program of the recipient customer.
7.6. If the repair or replacement requests are impossible or excessively expensive, or have caused significant inconvenience to the consumer, the latter may request of his choice an appropriate reduction of the price or rescission of the Contract. Will not, in any case, for terminating the contract for minor defects, with respect to which it was not possible or would be too burdensome to repair or replacement of its products.
7.7. The product even if defective, to be subject to replacement must, at the time of dispatch, be complete packaging, with all accessories and any documentation received from the customer at the time of purchase. The return of the product without the original packaging, accessories and relevant documentation as above prevents the replacement of the product.
7.8. The cost of returning the goods to the sender shall be borne by the customer.
7.9. Penknife assumes no responsibility with regard to quality, packaging and labeling of products, subject to the right of the Client's withdrawal.
7.10. It is expressly understood that the warranty conditions stated above will not apply in case of defects in products purchased by Professionals, for which Sharpener, without prejudice to the extent required by law, makes no warranty.
8. GOOD PURCHASING
8.1. Good Selling (also named as Coupons, Discount Coupon) can not be purchased on the site, but are offered by penknife in the context of promotional campaigns, for a limited period of validity.
8.2. The Selling coupons are used only in reference to certain types of products, also in accordance with the will be indicated on the Site.
8.3. The vouchers, available on the Site or presented through promotional campaign, are valid until the date indicated and can be used only once in a procedure of Order. The Gift certificates can only be used before the Order validation (before clicking "Confirm", at the end of the ordering process). After this point it is not possible to apply any reduction. Please note that the Selling coupons will only be used for the purchase of specific products, as will be better shown on the Site.
8.4. The Gift certificates are non-refundable in cash and not accrue interest on credit represented by the same Gift certificates. The credit represented by a Good Purchase agreement is not transferable. Loans represented by each individual Gift certificates are not cumulative.
8.5. The value of products purchased with the Gift certificates must be at least the same amount of Gift certificates. In case of purchases totaling less than that of the Good Purchase, you can not refund the Customer any remaining credit.
8.6. If the credit represented by a Good Purchase agreement is of a lower amount to the total price to pay for an Order, the difference will be paid with other permitted payment method.
8.7. The Gift certificates will not be refunded if the Products are entirely or partially returned.
9. DATA PROTECTION
9.1. Penknife reserves the right to store the data of each order as well as the contact details of the customer for the sole purpose of using them for the correct execution of the Order (including the provision by the trading partners involved in the payment management, execution of the Order and / or in the shipment), of any claims relating to the guarantee of the article and / or recommendations or instructions to the Customer related to the article. Storage and processing of data will take place according to the contents on the protection and use of personal data by Sharpener ( "Privacy Policy).
9.2. Notwithstanding the foregoing, any use of the customer's personal data will be subject to the provisions contained in the above privacy policy.
10. MODIFICATION OF THE CONDITIONS OF SALE
10.1. In time of any change to the present general conditions of sale, Pencil Sharpener will promptly publish the general sales conditions changed on the site.
10.2. The general conditions of sale will become an integral part of the modified new contracts, as of the first order placed by customers, following their publication on the Site. In the case of already submitted orders before notification, will apply the previous version of the general conditions sales.
11. REPLACEMENT CLAUSE
11.1. If a present or future disposition of the general sales conditions and / or the contract be or become wholly or partly invalid and / or ineffective, or there is a gap in the provisions of the general conditions of sale and / or the contract, the remaining provisions of the general conditions of sale and the contract will remain in any case valid and enforceable. It is understood that pocketknife and the Customer shall undertake to negotiate in good faith the integration of the gap or replace the void and / or unenforceable provision with the aim of achieving the same results pursued by the invalid or unenforceable clause and to safeguard the economic substance the contract.
12. JURISDICTION
12.1. The sales contract between the Client and Sharpener concluded in Italy and regulated by Italian law. For the solution of civil and criminal litigation arising from the conclusion of this sale contract, the local jurisdiction is the only forum of Urbino.
12.2. When the customer is a consumer, the territorial jurisdiction of the courts of the place of residence or domicile of the consumer, if located within the state.
13. ODR - ONLINE DISPUTE RESOLUTION
Link to the ODR website of the European Union for the Online Dispute Resolution (Online Dispute Resolution): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT