DRGROUP SRL is the business that deals with the marketing of Brasini Beauty Experience at Viale Liegi 42 Rome 00198 VAT number 14406181009 through the Italian domain and portal www.beautybrasini.it
GENERAL CONDITIONS OF DISTANCE SALE AND USE OF THE SITE
If you visit the site or shop at www.beautybrasini.it you accept these contractual conditions of sale.
We therefore recommend that you read them carefully.
General elements of the contract
1.1 These General Conditions of sale ("General Conditions" or "GTC") govern the terms and conditions of sale of the products (hereinafter referred to as "Products") by www.beautybrasini.it based in Viale Liegi 42 Rome ), VAT number 14406181009 , as well as the conditions of use of the website www .beautybrasini.it (the "Site").
All contracts for the sale of Products by www.beautybrasini.it through the Site to third parties, as identified and defined below (article 1.2 below), are governed by these General Conditions, which form an integral part and substantive of each proposal, order and order confirmation for the purchase of the Products.
1.2 Sale to minors under the age of 18. By placing orders and purchases on the Site, the buyer guarantees to be of age.
1.3 www.beautybrasini.it may modify these General Conditions without prior notice. These changes will be effective from the day of their publication on the Site.
The General Conditions in force at the time of the conclusion of the sales contract will be applied to purchase orders sent before the publication of the aforementioned changes.
1.4 Article 8 of these General Conditions (relating to the right of withdrawal) will apply only and exclusively if the Customer qualifies as a "consumer" pursuant to Article 3, paragraph 1, letter a) of the Consumer Code (“The natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out”).
1.5 www.beautybrasini.it and the Customer explicitly agree to give the value of an electronic signature valid for the conclusion of the sales contract, as regulated in the relevant clauses of these General Conditions, to the selection of the check marks and to the pressure (click ) of the "Checkout" button on this Site, at the end of the purchase by the Customer.
It is understood that these General Conditions, also published in a section visible and accessible from the homepage of the Site, are also valid as a contract for the use of the Site accepted through the mere final use of the same.
Limitation of Liability and License for use of the Site
2.1 This Site is provided by www.beautybrasini.it as it is and when it is available. www.beautybrasini.it makes no warranties either expressed or implied on the operation of this Site and / or on the content, materials, information or products included on the Site.
In addition, access to the Site may also be occasionally suspended or temporarily limited to allow for the necessary maintenance, repair or update work to be carried out with new services and products. www.beautybrasini.it will try to limit the frequency and duration of such suspensions and / or limitations
2.2 Despite periodic checks on the Site, www.beautybrasini.it does not guarantee that this Site, its servers or e-mails sent are free of viruses or other potentially dangerous components for the user's and / or customer's PC .
By visiting this Site, the Customer accepts that its use is at his own risk. While periodically checking the content of the web pages linked from the Site or reachable from the Site, www.beautybrasini.it assumes no responsibility for their contents.
2.3 www.beautybrasini.it cannot be held responsible for any damage - of any kind - deriving from the use of this Site.
2.4 www.beautybrasini.it grants limited access and personal use to this Site and does not allow you to download or modify it, even partially, without express written consent. The license does not include any use of the contents of this Site for commercial purposes, in particular it is not possible to use our product catalogs, descriptions and other materials. It is not possible to use information on this Site for the benefit of other retailers, it is not possible to use data mining systems, robots or software that allow the download and / or extraction of content from our pages. It is not possible to include our pages within frames so that other trademarks can be linked to ours. The publication of the contents of this Site is aimed solely at the purchase of the Products published there.
Prices, availability and characteristics of the Products
3.1 Unless otherwise indicated, the prices of the products published by www.beautybrasini.it must be understood as inclusive of VAT. The prices of the Products published on the Site from time to time cancel and replace the previous ones and are subject to the actual availability of the Products.
3.2 The Products are not provided on trial. Although www.beautybrasini.it can provide information on the characteristics of the Products on the Site and in the individual Product sheets, the Customer is responsible for choosing the Products ordered. The images of the Products are indicative and not binding.
3.3 Any offers and special conditions promoted by www.beautybrasini.it are valid until the validity date indicated on the Site or when stocks are exhausted and, in any case, are subject to the actual availability of the relevant Products headed by www.beautybrasini.it
Intellectual and industrial property
4.1 The Site, as well as all trademarks and distinctive signs used by www.beautybrasini.it in relation to the sale of the Products, are protected by applicable intellectual and industrial property rights and any type of reproduction is prohibited. communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the contents of the Site, the brands and distinctive signs used by DRGROUP SRL (such as, by way of example, the texts , the works, images, photographs, drawings, videos, graphics, colors, features and design of the Site).
4.2 www.beautybrasini.it assumes no responsibility for the brands and other distinctive signs that appear on the Products it sells on the Site, with respect to which the Customer does not acquire any rights following the conclusion of the sales contract.
Confirmation of orders. Delivery of Products, delays and risks of loss of Products
5.1 www.beautybrasini.it sells and ships the Products available on the Site by courier within the Italian territory and in other countries belonging to the Eurozone
The purchased Product, together with the sales document, will be delivered by courier to the address specified by the Customer when sending the online purchase order. In extraordinary cases, delivery will take place at the latest 10 working days by express courier for Italy and 15 days for abroad. For orders over € 150, shipping throughout the Italian territory will be free.
5.2 www.beautybrasini.it reserves the right to cancel any orders that it does not consider reliable and reliable. Post office boxes are not considered valid addresses for delivery purposes.
5.3 www.beautybrasini.it cannot be held responsible in case of delay due to insufficient stocks at suppliers and will also not be responsible in case of discrepancies between the items ordered and the images, texts and photos of such articles published on this site.
5.4 www.beautybrasini.it will not be responsible for any delay or any failure to fulfill obligations under these General Conditions if the delay or non-fulfillment derives from unforeseeable circumstances or causes of force majeure not attributable to it.
5.5 The parties agree that the Customer will be able to place an order and complete the purchase in the following ways:
- consultation and verification of the characteristics of the Product as described on the Site and in the relevant Product sheet;
- selection of the Product (s) and the quantity to be purchased; - insertion of all the Products that you intend to purchase in the cart ("choose" icon); - check the order summary, including any shipping charges; - possible modification or integration of the order;
- electronic confirmation of the order ("Checkout" icon);
- receipt of an email confirming the success of the order, with a summary of the order in question and others useful information, in addition to the GTC in .pdf format;
- payment of the price (in addition to the charges specified in the order summary), following the instructions received.
5.6 Without prejudice to the deadline of 10 days for Italy and 15 days for abroad from receipt of the order, the times established for the delivery of the goods must be considered indicative. The delivery methods will be those guaranteed by the courier in charge. In the event of a negative outcome, the order will be considered canceled due to the inability to deliver. Of the cancellation, www.beautybrasini.it will notify the Customer by e-mail. Any amount already paid by the Customer will be returned to the latter, with the deduction of the costs incurred for delivery attempts.
5.7 If www.beautybrasini.it is unable to deliver the ordered goods following its unavailability, even temporary, it will promptly notify the Customer by e-mail. Any amount already paid by the Customer will be refunded without undue delay.
5.8 The sales contract is concluded when www.beautybrasini.it receives the payment of the price of the Products, or news from the financial intermediary of the correct payment order in its favor by the Customer. 5.9 www.beautybrasini.it starts the execution of the sales contract upon receipt of the prices of the Products, informing the Customer at the time of shipment of the Products.
6.1 We accept payments for orders via the Shopify Payments platform through relative credit cards (Visa, Mastercard, American Express).
6.2 The payment of the price will be made by the Customer in accordance with the instructions received from the aforementioned financial intermediary and contained in the order confirmation. The Customer cannot be granted payment extensions. In the event that the payment is not successful, www.beautybrasini.it will not ship the Products.
6.3 www.beautybrasini.it will have the right to suspend the deliveries of the Products in any case of non-fulfillment, even partial, by the Customer with respect to the agreed payment terms, without being attributable to damages of any kind. < / p>
6.4 The tax documentation relating to the Products ordered will be issued by www.beautybrasini.it at the time of shipment of the Products to the Customer.
Guarantees and returns
7.1 For the Customer who is a consumer, the Products are covered by the legal guarantee for lack of conformity referred to in articles 128 - 135 of the Consumer Code. Pursuant to Article 129 of the Consumer Code, it is specified that "... Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which they usually serve goods of the same type; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer. 4. The seller is not bound by the public declarations referred to in paragraph 2, letter c), when, also alternatively, he demonstrates that:
a) he was not aware of the declaration and could not know it with ordinary diligence ; b) the declaration was adequately corrected by the time of the conclusion of the contract in order to be known to the consumer;
c) the decision to purchase the consumer good was not influenced by the declaration. 5. The lack of conformity resulting from the imperfect installation of the consumer good is equated to the lack of conformity of the good when the installation is included in the sales contract and was carried out by the seller or under his responsibility. P >
This equation also applies in the event that the product, designed to be installed by the consumer, is installed by the consumer incorrectly due to a lack of installation instructions ".
7.2 Additional conventional guarantees are provided in the manner illustrated in the documentation contained within the Product packaging or indicated on the Site.
7.3 The legal guarantee in favor of the consumer customer covers any lack of conformity, existing at the time of delivery of the Product, which occurred within two years of delivery of the Product itself. The lack of conformity must be communicated, under penalty of forfeiture, within two months from the date on which the Customer discovered the defect.The direct action to assert the defects is prescribed, in any case, within twenty-six months from the delivery of the Product.In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the Product by repair or replacement. , or to an adequate reduction of the price or to the termination of the contract, according to the provisions of art. 130 of the Consumer Code. Within two months from the discovery of the defect and in any case within a maximum of twenty-six months from receipt of the Products, the Customer must send a specific written communication to www.beautybrasini.it, Viale Liegi 42 Rome or via email to 'address firstname.lastname@example.org.
Once the communication has been received, www.beautybrasini.it will contact the Customer to communicate how to re-send the Product and all the necessary instructions. www.beautybrasini.it will send its own courier to collect the Product at no additional cost for the Customer. The Product must be returned by the Customer, possibly in the original packaging, complete in all its parts (including packaging and any documentation) and the sales receipt issued by www.beautybrasini.it. In all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided. Once the Product returned by the Customer has been checked, www.beautybrasini.it will replace and ship the Product itself, subject to the provisions of art. 130 of the Consumer Code. If, following an intervention by www.beautybrasini.it, it is found that the reported defect does not integrate a lack of conformity pursuant to articles 128 and following of the Consumer Code, the Customer will be charged for any verification and restoration costs, as well as transport costs, if incurred by www.beautybrasini.it.
Section B - General Provisions
Article 8 - Formation of the Contract and Sending of Orders
Each Order sent by the Buyer implies acceptance of the legal information and privacy, and constitutes an offer to purchase the products www.beautybrasini.it.
Orders are subject to acceptance by www.beautybrasini.it which reserves, in its sole discretion, to refuse the Order, including in cases where:
(i) orders cannot be executed due to of an error in the information provided by the Buyer when placing the Order (for example: an incorrect payment card number, expiration date or security code number of the card used for payment); incorrect billing address (for example if the billing address indicated does not match the information held by the bank or company that issued the payment card); insufficient or incorrect shipping address (e.g. incorrect address, city, country or post code); or if misleading information is provided by the Buyer;
(ii) an error has occurred on the Website relating to the products ordered, for example an error relating to the price or description of the products as shown on the Website;
(iii) the ordered products are no longer available on the Website.
www.beautybrasini.it also reserves the right to suspend or cancel the fulfillment of an Order and / or delivery, regardless of the nature and progress of the evasion, in case of non-payment or partial payment of any sum owed by the Buyer, in case of problems with the payment, or in case of fraud or attempted fraud relating to the use of the website of www.beautybrasini. it, also with reference to previous Orders.
In case of refusal of the Order www.beautybrasini.it will communicate to the Buyer, within 30 working days from the placing of the Order, the impossibility of accepting the Order.The Buyer can check the details of his Order and correct any errors before confirming / sending the Order Once the Buyer confirms the Order by clicking on "Confirm Payment", the Buyer declares to have knowingly accepted the content and the conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer. After placing the Order, the Buyer will not be able to modify and / or cancel it. The sale will be final only upon acceptance of the Order by www.beautybrasini.it, by sending an e-mail confirming receipt of the Order to the Buyer, the Confirmation e-mail of the Order. A second e-mail will be sent to the Buyer at the time of shipment of his Order.
www.beautybrasini.it will have the right to collect the full price of the Order: - for payments made by credit card, gift card and / or with online vouchers: from the moment the Order Confirmation E-mail is sent;
- for payments made with other payment methods indicated above, from the moment the e-mail is sent informs the Buyer that the ordered products have been shipped. www.beautybrasini.it recommends that the Buyer keep the e-mails received from www.beautybrasini.it in paper or electronic format. The Purchaser is informed that the aforementioned e-mails will be sent to the e-mail address entered by the Purchaser when creating the Account and / or subsequent registration. www.beautybrasini.it will not be responsible in case of insertion of an invalid e-mail address and / or failure to receive the Order Confirmation E-mail for reasons not directly attributable to www.beautybrasini.it. In this case the sale will be considered as definitive. However, the Buyer may exercise the right of withdrawal under the conditions referred to in Article 7 of these General Conditions of Sale.
9. Limitation of Liability
www.beautybrasini.it will not be in any way responsible for any violations of these General Conditions of Sale, even if foreseeable, attributable to the fact of a third party, to the fault of the Buyer, to the occurrence of an event of force majeure or any other event that is not reasonably under the exclusive control of www.beautybrasini.it.
The information and content available on the Website are provided "AS IS" (as is) and www .beautybrasini.it makes no warranties of any kind, either express or implied, in relation to the integrity, accuracy, timeliness, non-infringement of third party rights, availability, reliability or completeness of information and content, including by way of example, information on products, accessories or services that appear on the website of www.beautybrasini.it and / or their suitability for a specific use. www.beautybrasini.it will not be responsible in any way for the improper use of the products and / or services by the Buyer and / or recipient of the Order, and in particular for the case of non-compliance with the instructions for use. of products. www.beautybrasini.it will not be liable in any way for any damage caused to the Buyer or to third parties, deriving from said non-compliant use. www.beautybrasini.it declines all responsibility for direct and indirect damages, whether foreseeable or not, consequent and / or connected to the use of the website by the buyer. In the event that www.beautybrasini.it is held liable due to injury suffered by the buyer and attributable solely to the transmission of an order, this liability will be limited to the amount of the order paid by the buyer to www.beautybrasiniit.
Nothing in these General Conditions of Sale excludes or limits the liability of www.beautybrasini.it towards the Buyer and / or recipient of the Order for fraud, death or personal injury caused by the negligence of www.beautybrasini. it, violation of the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint presented by users of the Site, including all Buyers, against www.beautybrasini.it must be presented within six (6) months following the occurrence of the event that is the subject of the complaint.
Article 10 - Retention of title
The ownership of the products ordered will remain with www.beautybrasini.it until the moment in which the entire amount of the Order, including shipping costs, taxes and other compulsory contributions (where applicable) are entirely paid by the Buyer.
Article 11 - Intellectual Property
The www.beautybrasini.it brand, all the figurative and non-figurative trademarks present on the Website, the images, illustrations and logos and any content present on the Site (including, without limitation, the General Conditions of Use and these General Conditions of Sale) are the exclusive property of www.beautybrasini.it and / or the respective owners of the intellectual property rights on them. The reproduction in whole or in part, the modification or use of such trademarks, illustrations, images and logos, or of any other content of the Site, for any reason and by any means, without the express written authorization of www.beautybrasini .it and / or the respective holders of the intellectual property rights on them is strictly prohibited. communications, Orders and payments between the Parties.
Article 12 - Ability to contract
The Buyer declares to have full capacity to act and enter into a contract for the purchase of products and / or services on the Website based on these General Conditions of Sale. www.beautybrasini.it may in no case be required to verify the ability to act of visitors and buyers of the website of www.beautybrasini.it In the event that a person does not have the necessary capacity to act (for example a minor) place an Order on the website of www.beautybrasini.it, without prejudice to the responsibility of their parents or legal guardians for this Order and the related payment, www.beautybrasini.it may refuse to accept the Order.
Article 12 Applicable law and competent jurisdiction
These GCS and all sales of products on the Website are governed by Italian law, regardless of the place of dispatch of the Order. Any dispute relating to the existence, interpretation, execution or termination of these GCS and / or the contract concluded between the buyer and www.beautybrasini.it, will be devolved, in the absence of a transaction, to the exclusive jurisdiction of the competent Italian courts based on place of residence or domicile of the purchaser, if located in the Italian territory.
13. Right of withdrawal
13.1 Pursuant to the Consumer Code, the Customer, as a "consumer", has the right to withdraw from the purchase without any penalty and without specifying the reason. For the purpose of validly exercising the right of withdrawal, the Consumer must comply with the following conditions and methods: - send communication to www.beautybrasini.it by post at the seller's office or by email to: info @ beautybrasini.it to be sent within 14 working days of receipt of the Products purchased, possibly using the "Model withdrawal form" referred to in Annex IB of the Consumer Code shown below:
"B Model withdrawal form - ai pursuant to article 49, paragraph 1, lett. h) - (complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, if available, telephone number, fax number and e-mail must be entered by the professional]: - Hereby I / we (*) notify the withdrawal from my / our (*) contract for the sale of the following goods / services (*) - Ordered on (*) / received on ( *) - Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is notified on paper) - Date (*) Delete as appropriate ";
- the return of the Products subject to withdrawal must be made, at the expense of the Customer, by courier of their choice, directly to the registered office in Viale Liegi 42 Rome without undue delay and in any case within 14 days from the date on which he communicated to www.beautybrasini.it the decision to withdraw from the sales contract. www.beautybrasini.it will in no case accept returns on delivery; - the withdrawal may also be applied limited to individual Products covered by a single sales contract; - all the Products for which the Customer has exercised the right of withdrawal must be intact and in their original packaging, complete in all its parts including the packaging material, any seals affixed, as well as any additional documentation, such as order references, transport documents and so on.
13.2 Once the integrity of the returned Product has been verified, www.beautybrasini.it will reimburse the Customer for the amount paid only for the Products subject to withdrawal, within 14 days from the day on which it is informed of the Customer's decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the user has expressly agreed otherwise.
13.3 The right of withdrawal cannot be exercised in relation to products made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
13.4 The right of withdrawal lapses in the event of a defect in the substantial integrity of the returned goods, and so for example in the case of: i) lack of external packaging and / or original internal packaging; ii) damage to the Product for reasons other than its transport; iii) abnormal state of conservation. 13.5 In case of forfeiture of the right of withdrawal and in any case if the Customer violates, in whole or in part, the provisions dictated on the subject of withdrawal by these General Conditions, the sales contract based on these General Conditions will remain valid and effective and www .beautybrasini.it will return the Products unduly returned to the Customer, charging the latter the relative shipping costs.
14. Cancellation or modification of orders
The purchase order can be modified or canceled in its entirety if, at the time of the modification or cancellation request, the shipment of the Product is still being prepared and, in any case, if the amount has not yet been cashed; in this case no cost will be charged to the Customer. You can contact us by writing an email to info @ beautybrasini.it If at the time of the request for modification or cancellation of the purchase order the Product is already entrusted to the courier or, in any case, the amount has been collected, the Customer must exercise the right of withdrawal pursuant to and for the purposes of previous article 8 of these General Conditions
15. Third party liability
www.beautybrasini.it is not responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment transactions and in any other operation related to the execution of the contracts concluded through the Site.
Any customer complaint must be sent by e-mail to the following e-mail address email@example.com or by writing to www.beautybrasini.it).
17. Treatment of personal data
The Customer has read and acknowledged the separate information on the processing of personal data, available on the navigation of www.beautybrasini.it
18. Final provisions
18.1 The provisions of the General Conditions are applicable within the limits of the national legislation for the protection of consumers.
18.2 The mere tolerance or failure of www.beautybrasini.it to contest any breaches by the Customer with respect to what is contained in the General Conditions, it cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what has been agreed between the parties.
18.3 Any ineffectiveness and / or invalidity, total or partial, of one or more clauses of these General Conditions will not imply the invalidity of the others, which must be considered fully valid and effective between the parties.
18.4 For anything not expressly provided for by the General Conditions, reference is made to the laws in force at the time of the conclusion of individual sales contracts, insofar as they are compatible.