Terms of service
GENERAL CONDITIONS OF SALE
This document regulates the relationship between users and the owner, as better identified below, in relation to commercial transactions carried out on the site www.jalupro.com (“User / Users" is "Site”).
In the event that the User does not want to accept these conditions, he is not authorized to use the services offered on the Site.
The Site can be used by the User exclusively for personal and non-commercial or business purposes. By accessing it, therefore, the User undertakes to make personal and non-commercial or business use of the Site, its content and the information contained therein.
By accessing the Site and accepting these general conditions ("General Conditions of Sale"), the User declares to be a person of legal age, in possession of the ability to act and to well know the warnings and precautions of use for the use of the products marketed by the Owner through this Site.
Article 1: Owner
The User acknowledges that the owner of the Site is Professional Derma SA Riva Caccia 1D - 6900 LUGANO - SWITZERLAND, VAT - CHE 255 025 246 VAT
, address e-mail email@example.com ("Holder”).
Article 2: Object
The Site relates to the distance selling, through telematic tools organized by the Owner, of cosmetic products under the "JALUPRO" brand (hereinafter, for the sake of brevity, "Product / Products”).
Article 3: Completion of the contract
3.1 Purchase order
In order to place the purchase order for a Product ("Order"), The User must select the Product or Products he intends to purchase with the methods of registering his choice of purchase that are indicated on the Site.
Furthermore, at the time of selection, the User is made aware of the total price to be paid to the Owner for the Product or Products selected, including the cost relating to any delivery costs and any taxes, of the main characteristics of the Product / Products. selected and the relative instructions for use and warnings, the payment methods, the conditions for withdrawal and the specification that the completion of the purchase order implies the obligation to pay the price.
In order to make the purchase, the User must register on the Site - filling in the appropriate form form registration, by logging in by entering the username and the password indicated during registration.
The information and personal data provided by Users must be accurate, precise, truthful and up-to-date and the User assumes full responsibility for this correctness.
Once this phase has been completed, the User must select the payment method he intends to use from those indicated on the Site.
The Owner informs the User that placing the Order implies the obligation to pay the amount indicated for the selected Products.
The Owner will not accept Purchase Orders for amounts exceeding € 1,000.00, including delivery costs and any other taxes.
3.2 Order confirmation
The sales contract between the Owner and the User is intended to be concluded only upon receipt, by the User, of the order confirmation ("Order Confirmation”).
The Order Confirmation contains a summary of the General and Special Conditions applicable to the contract between the parties, information relating to the essential characteristics of the purchased or booked property and a detailed indication of the price, the means of payment chosen, the place and delivery costs as well as any other charges. In accordance with current legislation, a copy of these General Conditions will be sent to Users via link present in the Order Confirmation, in order to allow the User to store it on a computer medium and / or to print it.
The contract between the parties is not considered finalized in the absence of receipt of the Order Confirmation by the User.
Article 4: Delivery of products
In the event of an Order Confirmation, the Owner undertakes to deliver the goods to the address indicated by the User within the next 30 days.
The delivery of the purchased Products will be considered completed upon receipt of the same by the User at the shipping address indicated in the Order.
4.2 Impossibility of delivery
If it is not possible to deliver the Order due to the absence of the User in the place of delivery indicated at the time of the Order, the Owner, by means of the courier, will leave a notice of stock in which the place where it is located will be specified. the package and the methods to be used to arrange the collection.
It is understood between the parties that the contract will be considered terminated if the delivery cannot take place for reasons not attributable to the Owner after 30 days from the date on which your Order is available for delivery.
As a result of the termination of the contract, the Owner will return the amount paid to the User, including delivery costs, without undue delay and, in any case, within 14 days from the date of termination of the contract.
Article 5: Availability of products and services
All orders for products are subject to their availability and the owner assumes no responsibility for any unavailability of the products. In this sense, in case of supply problems, or if there are no articles in stock, the Owner will notify the User via communication e-mail to the address specified by them in the Order, keeping it updated in the event that the ordered Product becomes available again. In such circumstances, the Order will be considered canceled and the contract terminated: the relations between the parties will be regulated on the basis of the provisions of the previous art. 4.2, last paragraph.
In any case, the Owner reserves the right to provide information relating to replacement products of equal or greater quality and value, which the User may decide to order in place of the selected Product. If the User does not wish to make this replacement, all amounts paid will be refunded.
Article 6: Refusal to process an order
The Owner reserves the right to remove any Product from the Site at any time and / or to delete and / or modify any material or content of the same.
The Owner declines any responsibility towards the User or towards third parties for the removal of any Product from the Site, for the elimination or modification of any material or content of the Site.
Article 7: Passing of risk
The risks relating to the Products are borne by the User from the time of their delivery.
Article 8: Withdrawal
8.1 Exercise of the right of withdrawal
Pursuant to art. 52 of Legislative Decree 206/2005, so-called Consumer Code ("Consumer Code"), As amended by Legislative Decree 21/2014, Users can exercise the right of withdrawal from these General Conditions of Sale without specifying the reason.
This right can be exercised within fourteen (14) days from the date of actual receipt of the Products purchased (or, in the case of an Order of several Products, from the actual receipt of the last purchased good), by means of an explicit declaration. to be sent to the Data Controller, by post, by fax or to the e-mail address indicated in art. 1. To meet the aforementioned deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal, in the manner indicated above, before the expiry of the withdrawal period.
The declaration of withdrawal is free. To facilitate the exercise of this right, in any case, the Owner makes available to Users, at the following link, the model withdrawal form attached to the Consumer Code sub Annex I, part B, which they can use at their discretion .
8.2 Exclusion of the right of withdrawal
In accordance with the provisions of art. 59.1, lett. e) of the Consumer Code, for hygienic reasons or related to health protection, the right of withdrawal referred to in the previous art. 8.1 cannot be exercised in relation to the Owner's Products whose packaging has a seal that has been opened after delivery.
8.3 Refund of sums paid
8.3.1 In case of exercising the right of withdrawal, the Owner undertakes to return the amount received by the User, including any delivery costs, within fourteen (14) days from the moment he is informed of the User's decision to withdraw. from the contract. These refunds are made using the same payment method used by the User for the initial transaction, unless the User expressly indicates an alternative method in the explicit declaration referred to in the previous art. 8.1.
8.3.2 The Owner reserves the right to suspend the reimbursement of the sum paid by the User until the date of receipt of the goods by the User or until the User demonstrates that he has returned such goods to the Owner, if previous one.
8.4 Product return
In case of exercising the right of withdrawal, the costs incurred by the User for the return of the goods will be borne by the Owner.
It is understood between the parties that the goods must be returned by the User substantially intact, sealed, without undue delay and in any case within fourteen (14) days from the date on which he communicated the withdrawal to the Owner, at his headquarters, so as best indicated in
previous art. 1. The deadline is met if the User returns the goods before the expiry of the fourteen (14) day period.
The substantial integrity of the Products is an essential condition for exercising the right of withdrawal. We therefore invite you to take care of the Products as long as they are in your availability and possession. Please return the item using or including the original packaging, instructions and other documents, if any, that accompany the Products. In any case, he / she must return the Product to be returned together with the delivery note received upon delivery of the Product.
Article 9: Warranty
In accordance with the provisions of art. 128 and following of the Consumer Code, the Owner specifies that the legal guarantee applies to the goods offered for sale through the Site. The legal guarantee is applied when, within two years from the delivery of the goods, the Product purchased by the User presents a lack of conformity, meaning an asset (i) not suitable for the use for which goods of the same type, (ii) does not conform to the description given by the Owner on the Site, (iii) lacking the quality indicated on the package and guaranteed by the manufacturer Professional Derma SA Riva Caccia 1D - 6900 LUGANO - SWITZERLAND, VAT - CHE 255 025 246 VAT.
If the purchased good has a lack of conformity, as better described above, the User is required to report this defect within two (2) months from the date of its discovery, to the Owner, at the addresses identified in art. 1. If, after having carried out the appropriate checks on the asset, the dispute is founded, the Owner informs the User that he has the right to obtain, at his choice and unless his decision is not excessively burdensome compared to the alternative, without expenses, replacement of the Product. If the replacement of the asset is impossible or excessively burdensome for the Owner, the User may, at his choice, request a reasonable price reduction or termination of the contract.
Article 10: Price and payment
The price to be paid to the Owner will be that indicated from time to time on the Site, in relation to the selected Products and their characteristics, in addition to the delivery costs - calculated on the basis of the criteria indicated in the following paragraph of this article - and any other taxes that will be indicated to the User at the time of purchase.
The User can pay via PayPal, with Visa, Mastercard credit cards and any other type of credit card indicated on this platform.
To reduce the risk of unauthorized access by third parties, in the case of online purchases, the details of the card used by the User for payment will be encrypted.
Article 11: Variations of the service
The Owner reserves the right to modify these General Conditions of Sale at any time through general notices to Users published on the Site and / or by means of communications via e-mail to the User indicating the effective date of the changes, which will be at least thirty (30) days after that of the communication sent by the Data Controller. These changes will always and in any case respect the minimum rights recognized to consumers on the basis of current legislation.
In any case, the General Conditions governing the relations between the parties are those provided for at the date of completion of the contract, indicated via the link in the Order Confirmation email.
Article 12: Limitation of Liability
The User is fully responsible for the purchase made on the Site, undertaking to carefully read the instructions and warnings for the use of the Products purchased and to use them in compliance with these conditions.
No responsibility may arise on the part of the Owner for any use of the Products in a manner that does not comply with the instructions for use and / or in general in a manner different from their normal intended use.
The guarantee of product conformity with Regulation 1223/2009 / Directive 76/768 / EEC is provided by the manufacturer Professional Derma SA Riva Caccia 1D - 6900 LUGANO - SWITZERLAND, VAT - CHE 255 025 246 VAT. No responsibility in this regard may arise on the part of the Owner
Article 13: Suspensions of the service
The Owner reserves the right to temporarily suspend, without any prior communication, the provision of the service of buying and selling the Products for the time strictly necessary for the technical interventions necessary and / or appropriate to improve their quality (hereinafter, for brevity, "Service”).
The Owner may at any time interrupt the provision of this Service if there are justified reasons of security or breaches of confidentiality, in this case notifying the Users.
Article 14: Applicable law and competent court
14.1 These general conditions are governed by Italian law.
14.2 For any dispute concerning these General Conditions, pursuant to art. 66-bis of Legislative Decree 206/2005, the Judge of the place of residence or domicile of the User is competent, if located in the Italian territory.
Article 15: Communications and complaints
All communications required by these General Conditions, including any complaints, must be sent without particular formalities and also by e-mail to:
- Owner, at the address and / or contact details indicated in paragraph 1 above;
- User, to the residence or domicile, to the fax or e-mail address communicated at the time of registration on the Site or subsequently modified and communicated to the Site at the above address.
Article 16: Confidentiality of personal data
Article 17: Force majeure
The Owner will not be in any way responsible for non-fulfillment or delays in the execution of any of the obligations under the contract caused by events that are beyond its reasonable control ("Force Majeure Events").
For Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limited to what is specified below:
- strikes, lockouts or other trade union agitation;
- riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- impossibility of using railways, shipping, air, motor transport or other means of public or private transport;
- impossibility of using public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster or maritime, postal or other significant means of transport.
It is understood that the execution of the obligations under the contract will be suspended for the entire duration of the Force Majeure Events. In such circumstances, the Data Controller may enjoy an extension for the execution of the contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, the owner will endeavor to find a solution by which to comply with their contractual obligations.
Article 18: Partial nullity
If any article of the General Conditions of Sale, or part of it, should be judged invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid in the maximum extent permitted by law.
Article 19: Integrity of the contract
These General Conditions of Sale, as well as any document to which express reference is made in them, represent the entire agreement between the User and the Owner regarding the subject of the contract and replace any previous agreement, understanding or pact between them. parties, be it oral or written.
The User and the Owner, in signing the contract, acknowledge that they have not relied on any representation, commitment or promise made by the other party, or inferable from what has been said or written during the negotiations preceding the contract, but only on what is expressly declared in these General Conditions of Sale.
Article 20: Dispute Resolution
The Owner of the Site informs Users that they will be able to resolve any dispute that has arisen regarding the correct application of this contract, including, by way of example and not limited to, disputes relating to the validity, total or partial breach of the services charged of the Data Controller and / or the termination of the contract, by means of an electronic procedure (procedure online dispute resolution – “ODR procedure"), Which can be activated by accessing the online platform made available by the European Commission at the following link http://ec.europa.eu/consumers/odr.
In any case, the Parties have the right to resolve disputes between them that have arisen before the competent judicial authorities or using other ADR procedure ("Alternative Dispute Resolution”).