GENERAL CONDITIONS OF SALE ON LINE
General provisions These conditions are valid only between the Evolucion di Vincentini Claudio company, with registered office in Viale Filippo Turati 47 E - 05100 TERNI, REA110633, VAT number 01609730559, hereinafter called "NET", owner of the www.depilrose.it website, and any natural or legal person making online purchases on the www.depilrose.it website, hereinafter referred to as "CUSTOMER". The conditions covered by this contract may be subject to unilateral changes therefore, the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern the purchases made on the website www.depilrose.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, modified by Legislative Decree n. 21/2014 as well as the Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, "NET" sells and the CUSTOMER remotely purchases the products indicated, described and offered for sale on the website www.depilrose.it The contract is concluded exclusively through the Internet, through the CUSTOMER access to the address www.depilrose.it and the creation of a purchase order according to the procedure provided by the site itself. The CUSTOMER, before proceeding to confirm his order, undertakes to read these general conditions of sale, in particular the pre-contractual information provided by "NET" and to accept them by affixing a flag in the indicated box. This confirmation constitutes proof of acceptance by the Customer of the provisions of these general conditions of sale. In the order acceptance e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005 (amendments and additions to Legislative Decree 21/2014).
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of choosing the same. Furthermore, the CUSTOMER is informed, before the conclusion of the purchase contract and before the validation of the order with "payment obligation", concerning: - total price of the goods including taxes, with the detail of the shipping costs and any other cost; - terms of payment; - the term within which "NET" undertakes to deliver the goods; - conditions, terms and procedures for exercising the right of withdrawal (Article 7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014; - communication that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; - existence of the legal guarantee of conformity for the purchased goods; - conditions of after-sales assistance and commercial guarantees provided by "NET". The CUSTOMER can, at any time and in any case before the conclusion of the contract (see art.3), take note of the information relating to the company Evolucion di Vincentini Claudio, owner of the website www.depilrose.it at his address, telephone number and fax, e-mail address. This information is also reported below: -Evolucion by Vincentini Claudio, Viale Filippo Turati 47 E, 05100 TERNI (TR) - Tel 351 8070900.
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by "NET" to the CUSTOMER of an "acceptance" e-mail of the order and confirmation of the "Shipping" of the product. The e-mail contains the CUSTOMER's data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent, as well as the link to be able to print and archive the copy of the present conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to "NET". "NET" for its part, undertakes to describe and present the items sold on the website www.depilrose.it in the best possible way. However, some errors, inaccuracies or small differences between the site and the actual product are possible. Furthermore, the photographs of the products presented on www.depilrose.it do not constitute a contractual element, as they are only representative.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability when the CUSTOMER places the order as well as in the event that the Customer concludes an order "with reservation" of the product. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before acceptance of the order. Even after sending the order acceptance e-mail sent by "NET", there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed of this process by e-mail. If the CUSTOMER requests the cancellation of the order, thus terminating the contract, "NET" will refund the amount paid within 14 days from the day on which the "NET" itself became aware of the Customer's decision to terminate the contract. < / p>
ARTICLE 5 - Payment methods
Each payment by the CUSTOMER can only be made by credit cards indicated on the website www.depilrose.it with payment method Top-up Postepay (the customer must wait for verification by "NET" for the actual credit of the recharged amount) or Paypal, the actual charge will be made at the time of the CUSTOMER sending the purchase order of the product to "NET". The communications relating to the payment and the data communicated by the CUSTOMER, when this is done, take place via secure https communication protocol to the Paypal getaway via the official API provided by Paypal itself. The commercial invoice can only be requested within five (5) days of receipt of the goods. After the issue of the invoice, it will not be possible to make any changes to the data. The CUSTOMER accepts the option of "NET" to change its prices at any time however, the goods will be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the acceptance email sent by "NET" to the CUSTOMER. In the event of an IT, manual, technical, or any other error that may result in a substantial change, not foreseen by "NET", of the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled. In this case, the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
In the event that the CUSTOMER decides to pay cash on delivery (cash to the courier) it is obliged to pay the amount of the order in cash to the courier; in the event that the CUSTOMER refuses to pay, a penalty of € 100.00 (one hundred / 00) will be applied. Depilrose.it will entrust the debt collection practice to the agency in charge which will initiate the procedure and apply the agency costs.
ARTICLE 7 - Right of withdrawal
The right of withdrawal is the faculty of natural persons who act for purposes not directly related to the professional activity that may be carried out. Therefore, retailers and companies are excluded from this right. In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. In case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 14 days. starts from the date of receipt of the last product. The CUSTOMER who intends to exercise the right of withdrawal must communicate it to "NET" through an explicit declaration, which can be sent by registered mail with return receipt. The CUSTOMER can exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract through e-mail or PEC or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is shown below:
(complete and return this form only if you wish to withdraw from the contract)
Withdrawal form - pursuant to art. 49, paragraph 1, lett. h) -
- Recipient _______________________________________________________________________ [indicate the name, geographic address and, if available, the telephone number, fax number and e-mail addresses that must be entered by the professional]:
- Hereby I / we (*) notify the withdrawal from my / our (*) contract of 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)
- Data
(*) Nb. Delete unnecessary wording
*********
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to "NET" his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005. The goods must be sent back to: Evolucion di Vincentini Claudio, with registered office in Viale Filippo Turati 47 E - 05100 TERNI. The direct costs of returning the products are borne by the CUSTOMER. The cost is estimated to be € 20.00 (twenty / 00 euros). The goods must be returned intact, in the original packaging, complete in all its parts. Without prejudice to the right to verify compliance with the above, "NET" will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, "NET" can suspend the refund until receipt of the goods or until the CLIENT demonstrates that he has sent the goods back to "NET "" NET "will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer or postepay top-up, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide "NET" via email to info@depilrose.it with his bank details: IBAN, SWIFT and BIC necessary for reimbursement by "NET".
ARTICLE 8 - Exceptions to the right of withdrawal art. 59 of Legislative Decree 206/2005 (mod. Legislative Decree 21/2014).
The right of withdrawal does not apply in the case of: - supply of sealed goods that do not lend themselves to be returned for reasons of hygiene or related to health protection and which have been opened after delivery or in case of supply of products which, after delivery, are inseparably mixed with other goods; - supply of sealed audio or video recordings or sealed computer software which were opened after delivery; - supply of made-to-measure or clearly personalized goods
ARTICLE 9 - Legal guarantee of conformity
In the event that the products purchased by the Customer present defects in compliance with the sales contract such as, for example, in the case of products that malfunction, which cannot be used in the manner declared by the seller or for the purposes for which products of the same type are generally used, which do not have the characteristics or qualities promised by the seller or which do not respond to the use for which they purchased them, the CUSTOMER has the right to restore the conformity of the product at no cost by repairing or replacing the product same. The CUSTOMER can exercise this right if the defect occurs within two days of delivery of the goods and reports the defect to "NET" within 7 days of discovery. Subsequently, the Customer must send an email to info@depilrose.it indicating the defect and the product model purchased. "NET" in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 10 - Delivery methods
"NET" will only accept orders to be delivered in Italy. The products will be delivered using the method chosen by the CUSTOMER when ordering no later than 30 days. from the date of shipment to the CUSTOMER of the order acceptance email. For each order placed on the website www.depilrose.it
ARTICLE 11 - Responsibility
"NET" does not assume any responsibility for disservices attributable due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time foreseen by the contract . "NET" will also not be liable in case of delay in the delivery of purchased goods due to insufficient inventory at the publisher or supplier. Finally, he will not be responsible for non-substantial differences between the goods purchased and their illustrative images and text descriptions published on our site. Without prejudice to cases of willful misconduct or gross negligence, it is solely responsible for any direct and foreseeable damage at the time of conclusion of the sales contract. It is therefore not responsible for any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of its default or which was not foreseeable at the time of the conclusion of the sales contract. "NET" is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products sold on the site. The CUSTOMER is expressly informed of the possibility of carrying out extraordinary interventions on the website www.depilrose.it Extraordinary interventions are considered to be carried out urgently at the unquestionable judgment of Evolucion di Vincentini Claudio to avoid safety and / or stability and / or confidentiality dangers and / or integrity of the coverchiaveauto.it website. The possible execution of these interventions could be communicated to the customer through publication on the site.
ARTICLE 12 - Waiver
In the event of default by the CUSTOMER of these General Conditions of Sale, failure by "NET" to exercise its right to act against you, does not represent any renunciation of action for the violation of commitments made by the CUSTOMER.
ARTICLE 13 - Access to the site
The CUSTOMER has the possibility of accessing the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this Site, whether sound or visual and the relative technology used, the brands and all commercial symbols, belong to the legitimate owners and are protected by intellectual property rights, and used on the Site in accordance with the provisions by law.
ARTICLE 14 - Cookies
The website www.depilrose.it uses "cookies". Cookies are electronic files that record information relating to the navigation of the CUSTOMER on the site (pages consulted, date and time of the consultation, etc. ..) and which allow "NET" to offer a personalized service to its customers. "NET" informs the CUSTOMER of the possibility to disable the creation of these files, through an "information bar" located at the bottom of the site the first time you visit the site through which the Customer is requested, authorization and l acceptance of the use of cookies. It is understood that the lack of authorization will prevent the customer from proceeding with the online purchase. In any case, the customer can find the appropriate information by clicking on the appropriate link: https://www.depilrose.it/it/content/7-cookie-policy
ARTICLE 15 - Integrality
These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy.
ARTICLE 16 - Changes to the general conditions of sale
"NET" reserves the right to modify the depilrose.it website, the policies and these General Conditions of Sale at any time to offer new products and / or services, or to comply with the provisions of the law or regulations. The CUSTOMER will therefore be subject to the policies and terms of the General Conditions of Sale from time to time in force when the order is concluded pursuant to and for the effects of art.3 of these conditions, except for any changes to these policies and these terms are not required by applicable law or by the competent authorities (in which case, they will also apply to orders placed previously).
ARTICLE 17 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State. In any case, you can optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
ARTICLE 18 - Privacy Policy
The Customer is informed, and gives consent by accepting these conditions of sale, pursuant to article 13 of the Code regarding the protection of personal data (Legislative Decree 196/2003 and subsequent amendments and additions), that the processing of the data provided by these to depilrose.it, and for it to Evolucion by Vincentini Claudio, is necessary in order to allow it, directly or even through third parties, to fulfill the obligations deriving from the General Contract Conditions, or to related obligations established by law and by current regulations. By the processing of personal data is meant their collection, registration, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and distribution, or the combination of two or more of them operations. The personal data provided by the Customer, and / or those that the same will eventually provide to coverchiaveauto.it, and for it Evolucion di Vincentini Claudio, as part of the use of the Service, will be processed by Evolucion di Vincentini Claudio for the following purposes.
a) CONTRACTUAL PURPOSES:
- conclude and execute the contract;
- Register and consequently provide the Service offered;
- provide for the management and administration of the contractual relationship (such as sending service communications; technical assistance; etc.);
- for the protection of credit, the prevention of fraud and / or illegal activities, also through banks and credit institutions, factoring companies or credit assignees, professionals for assistance in the event of disputes, as well as for implementation , under the control of the sector authorities, credit control and monitoring systems also shared with other operators. The provision of personal data is necessary for the purposes listed above and the related processing does not require the customer's consent. Any refusal to provide such data makes it impossible to establish the contractual relationship and, therefore, to provide the requested services
b) OTHER PURPOSES:
- for the elaboration of studies and statistical research, quality control of services and certifications, verification of the level of customer satisfaction on services, also through the use of companies for quality control of services or certification bodies; < / p>
- for the communication of new commercial, promotional and advertising initiatives and offers relating to the Services of depilasse.it and / or Evolucion by Vincentini Claudio, as well as of subsidiaries and associated companies pursuant to and for the purposes of article 2359 of the Italian Civil Code, and / or companies with which Evolucion di Vincentini Claudio has entered into commercial agreements, including through agents and brokers, consultants or consultants, and send newsletters, using automated tools (e.g. e-mail, SMS, etc.) and / or traditional (such as phone calls, sending paper mail, etc.). To use the customer's personal data for the purposes referred to in letter (b) and carry out the activities indicated therein, the customer must express his consent when signing these General Conditions. We also inform you that when sending any communication made for the purposes referred to in letter b) you can object to the processing at any time by following the appropriate instructions provided on the occasion of each communication. The opposition can also be partial and also concern the will to receive communications, only through the use of traditional tools. Personal data will be processed by Evolucion di Vincentini Claudio staff, specifically appointed by the same. For some treatments, Evolucion di Vincentini Claudio may also make use of third parties who must in any case comply with the instructions specifically given by Evolucion di Vincentini Claudio to guarantee the security and confidentiality of the data entrusted to them. Pursuant to art. 7 of Legislative Decree 196/03, the interested party has the right to have confirmation of the existence of data concerning him, to correct or update them, to delete them or to oppose for legitimate reasons to their treatment. The owner of the data referred to in the preceding paragraphs is Vincentini Claudio's Evolucion, with headquarters in viale Filippo Turati 47 E - 05100 Terni. La titolarità dei trattamenti sui dati personali utilizzati ricorrendo al Servizio oggetto del Contratto d’Acquisto è del Cliente che vi provvede nel rispetto della disciplina a protezione dei dati personali. Il Cliente prende atto che la Evolucion di Vincentini Claudio mette a disposizione il Servizio stesso dotato delle misure di sicurezza minime previste per legge e sarà compito del Cliente riscontrare l’idoneità in rapporto al trattamento che lo stesso effettuerà; sarà egualmente compito del Cliente adottare tutte le misure autorizzative, di incarico e di conservazione e di altro tipo per realizzare il Sistema sicurezza da esso definito nel trattamento dei dati personali. La Evolucion di Vincentini Claudio assicura che le proprie infrastrutture sono organizzate nel rispetto della normativa vigente in materia di misure minime di sicurezza per la tutela dei dati personali e si impegna ad introdurre le eventuali modifiche rese necessarie da eventuali successive norme e regolamenti in materia. Inoltre la Evolucion di Vincentini Claudio si impegna a : - eseguire i trattamenti funzionali all'esecuzione delle attività inerenti al servizio richiesto. - non comunicare a terzi in alcun modo, se non nei casi espressamente previsti, e non utilizzare per altri fini i dati personali di cui dovesse venire a conoscenza e comunque mantenere la più completa riservatezza sui dati trattati e sulle tipologie di trattamento effettuate. Tali obblighi sono da considerarsi pienamente vigenti anche nel caso di cessazione del rapporto contrattuale; - adottare adeguate misure per impedire l'accesso non autorizzato ai sistemi, la distruzione o perdita dei dati, il trattamento non consentito e non conforme alle finalità per cui i dati sono stati raccolti; - nominare gli incaricati di trattamento. In particolare, dovrà prescrivere che essi abbiano accesso ai soli dati personali la cui conoscenza sia strettamente necessaria per adempiere ai compiti loro assegnati per l'erogazione dei servizi richiesti; - tenere l'elenco dettagliato delle persone fisiche incaricate che operano con i privilegi degli amministratori di sistema; - registrare gli accessi logici ai sistemi da parte degli amministratori di sistema, attivando il log degli accessi al server, ivi compresi i tentativi di accesso che hanno avuto successo e quelli che sono stati bloccati; - conservare i log di accesso in modo inalterabile sui sistemi, e periodicamente salvati su copia di backup. The records must include the time references and the description of the event that generated them and must be kept for 6 (six) months; - carry out at least once a year the verification activity on the work of natural persons who operate with the privileges of system administrators; - periodically check the adequacy of the security measures, assessing whether changes to the processing activity and the type of data processed do not determine the adoption of different and more adequate security measures. The Evolucion of Vincentini Claudio is now available, following an express request from the Customer, to provide the list of people who hold the role of System Administrator. It is understood that the Evolucion di Vincentini Claudio must carry out the aforementioned activity with the utmost diligence and, should the need arise for processing the personal data that is different and exceptional from those normally performed, inform the Customers and this in execution of the contract while , for all other contexts, this function remains your responsibility as the Data Controller. This specified, it will be the exclusive care of the customer, in compliance with the obligations under Legislative Decree 196/03 and its subsequent amendments and / or additions, to provide its end customers (in case of resale of services) with adequate information and complete about the methods and purposes of the processing of their data, connected to the provision of the same. This is because the Customer is the owner of the personal data of the Final Customers and consequently has the responsibility to treat the same in compliance with the obligations envisaged by all applicable regulations in force. The Customer will also have the obligation to guarantee the acquisition of the customers' personal data and to provide for their conservation. Furthermore, it will only be the responsibility of the Customer to comply with any requests relating to the personal data of the Users by the bodies of the Judiciary - even in the case of requests addressed directly to the Evolucion di Vincentini Claudio - and to any other request necessary to fulfill the obligations established by Community laws, regulations or regulations. Any request / dispute / modification concerning the content of the foregoing information must be sent to the Evolucion of Vincentini Claudio, Viale Filippo Turati 47 E - 05100 TERNI (TR).