General condition of sale

 

VENDOR:

Vendor Company Name: DAMA S.R.L.S.

VAT Number and Tax Code: 08564950965

Milan Business Register Number (REA number): MI-2034794

Registered Office: Viale Premuda 14 - 20129 Milano - Milano – Italy

Retail Store: Corso Genova 29 - 20123 Milano - Milano - Italy

Phone Number: 0258109724

Website: www.sbpersonalcare.it

E-mail address: info@sbpersonalcare.it

 

1. Subject Matter and Parties of  the Contract

General Terms and Conditions for online sales (hereinafter referred to as GCS) apply to any contract concluded to purchaseproducts advertised on our website www.sbpersonalcare.it (hereinafter referred to as WEBSITE). Contracting parties are DAMA S.R.L.S, based in Viale Premuda, 14, 20129 Milan, Italy, registered at REA No 2034794 (hereinafter referred to as SBPERSONALCARE), and the client, whose data are reported in the order form (hereinafter referred to as CLIENT). Under the terms of this Contract, goods and services provided by SBPERSONALCARE, and selected by CLIENT, are to be considered integral part of this contract.

 

2. Validity of the Contract

2.1 GCS are available on the WEBSITE and CLIENT has to read carefully them before purchasing any product; he/she has to agree to GCS at the end of the order process, he/she has to store a copy of them on the computer and print them on paper form.

2.2 Applicable GCSare those appearing on the WEBSITE at the time the CLIENT places the order. Before any purchase, the CLIENT is required to carry out the above mentioned operations.

2.3 If SBPERSONALCARE tolerates or does not contest any possible non-fullfilment of GCS, this neither shall be interpreted as a silent acceptance of such defaults, nor as a willingness to waive what was agreed between parties.

 

3. Purchase conditions

3.1 The CLIENT, who intends to proceed with the purchase, shall directly submit his/her  request on the WEBSITE. He/she will follow the indicated procedures to transmit the purchase order and relative payment.

3.2 The CONTRACT is regulated by the purchase order placed by the CLIENT, by order receipt issued by SBPERSONALCARE and by GCS. As soon asthe CLIENT is ready to make a purchase,  he/she needs to click on "Add to cart" button, in order to insert the product of his/her choice into a virtual shopping cart on the WEBSITE (a virtual shopping cart is an area dedicated to storing products, together with their characteristics, quantities and costs). Once the "Add to Cart" button has been clicked, a confirmation screen is displayed, and it will be possible to insert more products into the virtual shopping cart by clicking on "Continue Shopping" button. Otherwise, it is possible to overview all selected products by clicking on"Proceed to Checkout" button. In all cases, once the selection of products has been completed, by clicking on “Cart” (at the top of the webpage) it will be always possible to go back and overview the contents of the shopping cart and process the order. On the page containing selected products overview, any quantity adjustment and/or removal of undesired items will be possible. After this first control, simply by clicking on "Proceed to checkout" it is possible to fill the order.

◦ Authentication is required in order to access to the personal page. Once logged in, it is possible to confirm all data and the necessary methods to process the order.

◦ If the CLIENT is not registered on the WEBSITE, he/she needs to create a personal account, using his/her email address and password, in addition to personal data and shipment details. CLIENT should keep secret his/her password and not disclose it to third parties. SBPERSONALCARE guarantees a security procedure for recovering password, if forgotten.

◦ Once an account has been created, authentication will take place providing user-id and password, which have been chosen during registration.

◦ Entering into the "Cart", the Client is required to confirm transaction and shipping data, payment methods and  check the correctness of them. It will be possible to add notes and view GCS. Only by accepting GCS, purchase order can be sent to SBPERSONALCARE. In the event of a mistake, it is possible to revisit and correct it before submitting to SBPERSONALCARE. It is CLIENT's responsibility to check order accuracy before the submission. Even at this stage, like during personal data session, it will be possible to edit, to update, to increase personal data, transaction or shipping data. The latter will be added to the total amount.

◦ Once products, transaction data, shipping data and payment methods have been confirmed, you would be redirected to the confirmation page. Here, selected products and a detailed overview on costs will be displayed. In order to send the purchase order to SBPERSONALCARE, the CLIENThas to click on "Confirm my order". In the event of any problem with order processing, he/she has to contact SBPERSONALCARE at info@sbpersonalcare.it providing your name and telephone numer. SBPERSONALCARE STAFF will recontact the CLIENT.

◦ After having acceptedGCS and having submitted the confirmation page, the CLIENT will receive the purchase order receiptcontaining the summary of the purchase order by email. Thereafter SBPERSONALCARE will fulfill the order, in respect of the points 4/5/6/7/8/9 below. After having sent this first email, SBPERSONALCARE will check the possibility to fulfill the order and will send the product/s confirmation to the email address provided. The above-mentioned email will be sent authomatically. The CLIENT has to verify email correctness and has to immediately notify any mistake. The order is deemed to be accepted when the second email concerning order confirmation and product delivery has been sent. Through the second email, the contract with SBPERSONALCARE is consider concluded. In the event of any problem during order execution SBPERSONALCARE staff will contact the user. By sending an order, the CLIENT formulate a purchase offer to buy products at the indicated price. Prices are regularly monitored, but in case of any variation or mistake SBPERSONALCARE will contact the CLIENT to confirm the intention to buy the product at the actual price. In case of purchase confirmation, SBPERSONALCARE will not be responsible of products delivery unless the second email confirming the order is sent. If the CLIENT recognises that he/she has made a mistake in sending the order, he/she is required to contact immediately SBPERSONALCARE at info@sbpersonalcare.it, providing his/her name and his/her telephone number. SBPERSONALCARE staff will recontact the CLIENT. Any notification is required to be sent before SBPERSONALCARE second email of order confirmation. SBPERSONALCARE is unable to correct orders in the aftermath, but user is guaranteed the right to withdraw as shown below.

 

4. Payment and Delivery

CLIENT undertakes to pay the total price indicated in the order. The total price includes VAT and is net of any possible additional charge imposed by law. Delivery costs will be automatically charged (once delivery method has been selected amongst those proposed when placing the order) and they will be summarized in the order confirmation page. Delivery costs are subject to variation according to weight and purchased quantity, and also according to different delivery services applied to estimated delivery times. Products will be delivered in Italy, islands included, or abroad for the country listed in the "shipping cost" page. If CLIENT prefers a shipping insurance, additional fees will be applied, and he/she will be required to contact SBPERSONALCARE. When sending the order, different delivery methods as well as their costs and expected delivery times are displayed. CLIENT should choose the most convenient one, including the possibility to collect products personally at SBPERSONALCARE, located in Corso Genova 29, Milan, Italy, without delivery costs, by making an online payment in advance. In any case, CLIENT can always check  delivery methods, costs and delivery time by clicking on “Delivery” at the top of the WEBSITE.

 

5. Payment methods

Accepted payment methods are:

Bank transfer

Paypal payment – Credit Card

 

6. Products' Availability

CLIENT can only purchase products which are present on the catalogue shown on the WEBSITE and in quantities held in stock. The order will be accepted based on products' availability and SBPERSONALCARE staff will contact CLIENT via email or phone call.

 

7. Products' Delivery

DAMA S.R.L.S. through its supplier, will arrange delivery by express courier or shipping agency, and they will deliver products at the address indicated on the order form (delivery time depends on the delivery method chosen). Delivery time refers to products available at the time of order placement. For all payment methods, delivery is scheduled within 5 days after the receipt of payment (in case of bank transfer SBPERSONALCARE requires more time to verify that the payment has been made). The supplier and DAMA S.R.L.S. will not held responsible for delays related to unforseen circumstances or force majeure.

8. Rights and obligations of the CLIENT

The CLIENT with the acceptance of this contract declares to have read and accepted in every part the conditions of sale, and it will be care of the CLIENT to store it on computer and print it on paper.

The CLIENT is solely responsible for the truthfulness and accuracy of the information provided to SBPERSONALCARE and is committed to communicate any changes in the data entered.

The CLIENT declares to not have entered in the order form false or fantasy data, and therefore declares that the data entered correspond to the real personal data. SBPERSONALCARE reserves the right to pursue at the appropriate authorities any violation or abuse. The obligations assumed by the CLIENT in this article, as well as the validity of the payment made by the CLIENT ( art. 5), are essential for SBPERSONALCARE, which reserves the right, in the event of breach of any of the above obligations, to terminate the contract, without prejudice to any right to compensation.

The CLIENT that sending a purchase order, declares: a) that have read, understood and accepted the GCS; b) to be an adult (18+) and that have the legal capacity to act.

The CLIENT undertakes, once the purchase procedure on the SITE is complete, to save an electronic copy of the GCS and of the receipt corresponding to the order. 

The CLIENT agrees to make payment of the amount due, using one of the payment systems indicated on the SITE at the time the purchase order.

In the case of payments made by credit card, cardholders will be subject to authentication and authorization request. If the issuing bank of the credit card or our service provider refuse for any reason or do not authorize or validate the payment, in such circumstances, SBPERSONALCARE is not responsible for delays or non-delivery of  the products ordered. Your personal information will be treated by SBPERSONALCARE in accordance with the privacy policy.

• Receipt of products: at the time of receipt of the PRODUCTS from the CLIENT by the carrier, the CLIENT must check with the presence of the vector: a) that the quantity and type of products ordered is as specified in the document transport; b) that the packaging used for transportation is intact, not damaged, wet or otherwise altered, even in the closing materials. Any abnormalities should be challenged immediately to the carrier upon receipt of the products, by their indication in the delivery note. If you discover a defect or damage the CLIENT shall inform within 24 hours SBPERSONALCARE. If it finds that a product was damaged prior to delivery namely defective (not due to the client), SBPERSONALCARE will undertake, according to the customer's choice, to refund the price paid (including any shipping fees and costs for returning the product, provided that the product has not been used and damaged) or replace of the goods. In both cases, the CLIENT must contact SBPERSONALCARE that will refund or replace the goods at no additional cost.

• Customer service: for any request of assistance or complaints relating to the products purchased, the CLIENT must contact SBPERSONALCARE at its contact address.

• Warranty: products such as hair dryer, flat iron and all the equipment and electrical accessories are guaranteed for 24 months from date of purchase against all manufacturing defects through the network Dealers brand on Italian territory. In the case of proven malfunction of the product, the guarantee covers the replacement or repair of the same. Warranty does not cover damage caused by misuse and therefore we do not assume responsibility for any direct or indirect damages resulting from such misuse. Also we do not assume responsibility for direct or indirect damages to persons or property resulting from the malfunction of the products.

• Cancellation orders: the cancellation and the delete of orders will be accepted from SBPERSONALCARE only if they are not respected the points previously described in the GCS. The sending of the purchase order is developed in 4-step control and the user assumes a binding commitment in sending the order. It is not possible for the user to delete or cancel an order if not authorized by SBPERSONALCARE except for the case where the reason for cancellation is the extension of the initial order or a change of the measure of the articles of the same. In this case we recommend you to make a new order before deleting the first, to ensure the availability of the items. Once the second order will need to specify in the notes "EXPANSION / UPDATE ORDER PREVIOUS - this order cancels and replaces the previous one."

 

9. Rights and obligations of SBPERSONALCARE

• Delivery of products: SBPERSONALCARE undertakes to deliver the products at the carrier involved in their transport to the address indicated by the CLIENT in the purchase order. SBPERSONALCARE not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the CLIENT, as well as the damage suffered by products after delivery to the carrier for transportation. SBPERSONALCARE not be responsible for the delays of delivery due to carrier or logistical problems of SBPERSONALCARE. Delivery is made by express courier, so can not be accepted mailboxes. SBPERSONALCARE is not responsible for non-delivery or delay in performance of its obligations under these conditions of sale due to causes beyond its control including: natural disasters, measures of authority, war, fire, flood, explosion or insurrection, interruption of computer services or telecommunications, non-performance of third parties (including failures related to the provision of data) and strikes.

• Unavailability of products: In case of non-execution of the purchase order by SBPERSONALCARE due to temporary unavailability of the required product, SBPERSONALCARE inform the CLIENT by e-mail or telephone of the cancellation of the order and will provide free of charge, to refund of any money already paid for the purchase of the products are no longer available. The CLIENT will not receive any charge for amount not executed and will not be entitled to any compensation or damages.

• Promotions: SBPERSONALCARE develops during defined time intervals, promotional campaigns to promote the registration of new members in its service. SBPERSONALCARE reserves the right to interpret the conditions of application of the promotions, extend them by communicating as liked, or proceed to the exclusion of any participant in the promotion if identify anomalies, abuse or unethical behavior in the participation of the same.

10. Prices exposed

All prices of both products, both accessory expenses (transportation and delivery) exposed on the website (unless explicitly and clearly stated) include VAT.

 

11. Documentation tax

For sales of products through the Internet is applicable the provision contained in article 2 of DPR 21.12.1996, n. 696, which provides for the exemption from the obligation to issue a receipt or tax receipt.

The CLIENT can choose to receive the bill, in which case you will need to enter tax information including company name, VAT and other data, in the data of your account created at registration. In the event that there were discrepancies in the document (eg. erroneous demographic data) please contact us at info@sbpersonalcare.it

 

12. Returns policy

In application of Legislative Decree no. 21 of 21 February 2014, the customer may exercise the right to cancel the purchase contract. The return policy is the right of the Client to cancel the purchase for any reason and without penalty, by a purchase contract concluded at a distance. The return policy expected to refund the amount paid by the CLIENT against the return of the goods purchased and applies the law to purchases made by private consumers ("... natural person acting for purposes not related to their professional activity ...") , except all purchases made by retailers and / or corporate clients in general.

How  Leg. 21 of 21 February 2014, the right of withdrawal is linked to the following conditions:

12.1 The consumer has the right to withdraw from the distance contract without penalty and without communicating the reason within 14 working days from the day of receipt of goods certificate from the slip signed by the courier

12.2 The right of withdrawal is exercised by sending, by the deadline referred to in paragraph 1, a written communication (we recommend A / R to be sent to: Sb Personal Care - Viale Premuda 14-20129 Milan - Milan - Italy. In the text of this communication should be readily available the following information: a) full name of the Client; b) address; c) reference to the number of purchase orders; d) the intention to withdraw from the purchase; e) a description of the property and made relevant amount paid; such communication can be sent, within the same deadline, also by email (info@sbpersonalcare.it).

12.3 The purchased for which you intend to use the right of withdrawal should be complete, in perfect condition and returned in original packaging complete in all its parts. The right of withdrawal does not apply to consumable products that are sealed open by the consumer

12.4 By law the shipping fees for the return of the asset are charged to the customer, which falls under the full responsibility until the certificate of receipt c / or its registered by SBPERSONALCARE, that does not answer in any way for any damage, theft or loss for returned shipments uninsured. The shipment of the goods to make should reach c / or the headquarters of SBPERSONALCARE within 10 days of taking SBPERSONALCARE act of the will of the Client to withdraw will be notified via email; otherwise the shipment will be refused. On arrival the goods will be examined for any damages (for example: use even for testing). Should be no perceived lack of the integrity of the property made the right of withdrawal is lost and SBPERSONALCARE will return to sender the property purchased by charging the same shipping costs incurred for the new posting. If the goods have been damaged during transport, SBPERSONALCARE will promptly notify the CLIENT (2 working days of receipt c / o our office) to enable him to file a timely complaint against the carrier of his choice and get refund the value of the property (if insured). In this case the product will be made available to the CLIENT for his return and at the same time the request for withdrawal will be canceled, no longer able to have our company's product.

12.5 If the right of withdrawal is exercised in accordance with the provisions of Legislative Decree no. 21 of February 21, 2014 referred to above, SBPERSONALCARE will refund the amount paid by the Client for the well made. This reimbursement will happen as quickly as possible and in any event no later than 30 days from the date of receipt of the goods made.

Refund will be made with the same method of payment used by the CLIENT at the time of purchase. We therefore invite the kind Customers to indicate the bank directly to the notice of withdrawal at the time the same in order to speed up the practice of repayment.

 

13. Use of the site

• Description and displaying products: product descriptions and images on the SITE are corresponding to what is made available by the suppliers of SBPERSONALCARE. Photographs and video presentation of the products, accompanying descriptive information are displayed on the SITE only for guidance, even considering the fact that the image quality (eg. In terms of the exact display of colors) may depend on the programs and computer instruments used by the CLIENT when connecting to the SITE.

• Malfunctions: SBPERSONALCARE not assume any responsibility for the problems caused to the CLIENT from using the SITE and the technologies as independent of their will, such as, but not limited to: a) any errors, delays or failure in accessing the SITE by the customer during the execution of the sale procedure; b) any errors, delays or failure in the receipt by the CLIENT, of communications sent by SBPERSONALCARE. In any case, SBPERSONALCARE is committed, as in their ability to solve problems that may occur and provide the necessary assistance to the CLIENT to obtain a rapid and satisfactory solution to the above problems.

14. Termination clause

The contract will be automatically terminated, as specified to art. 1456 of the italian Civil Code, if only one of the obligations assumed by the CLIENT under the previous Section 8 "Rights and obligations of the customer" is not observed by the CLIENT. The termination of the contract will occur when SBPERSONALCARE declares that intends to make use of this termination clause.

 

15. Intellectual and industrial property rights

SBPERSONALCARE informs that the SITE, as well as all trademarks and brands used by SBPERSONALCARE in connection with the sale of the products, are protected by intellectual property rights and industrial standards and that is forbidden any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form or for any purpose they occur, of the SITE content, trademarks and brands used by SBPERSONALCARE (such as, for example, works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, functionality and design of the SITE).

SBPERSONALCARE assumes no responsibility with regard to trademarks and other distinctive signs that appear on PRODUCTS distributes on the SITE, against which the CLIENT does not acquire any right, following the conclusion of the contract.

 

16. Protection of personal data (PRIVACY POLICY)

SBPERSONALCARE guarantees customers that the personal data acquired in relation to the sale of the products will always be treated lawfully and correctly, in full compliance with the provisions of Legislative Decree no. 30 June 2003, n. 196. 11.2. The processing of personal data is carried out in accordance with law 196/03. Any personal information provided voluntarily by visitors will be used by SBPERSONALCARE on the basis of consensus expressed by visitors. For the use of specific services from the visitors will be given the appropriate information and required, where necessary, the consent to the processing the personal data.

Inform that the processing of personal data is carried out for the purpose of transmission of information concerning our services, including accounting and tax, as well as to inform, promote and advertise, including by email, our services. The treatment will take place at: SbPersonalCare - Viale Premuda 14-20129 Milan - Milan – Italy with the use of computerized procedures, with the necessary limit for the pursuit of those objectives.

Personal data may be known by employees and associates of the owner of treatment in their capacity as officers or processors.

Providing such information is optional, but their omission would not allow you to update stakeholders on the initiatives of SBPERSONALCARE.

The CLIENT have the right, as specified in Article 7 of the Privacy Code, to access their personal information, to request correction, updating and deletion, if incomplete, incorrect or collected in violation of the law, and to oppose their processing for legitimate reasons, sending the requests to the holder of the data: SbPersonalCare - Viale Premuda 14-20129 Milan - Milan - Italy.

Informed by the website of the purposes and methods of treatment of personal data and found that the same is respectful of the Privacy Code you hereby consent to the processing of personal data using the data in the website www.sbpersonalcare.it

Please remember that the CLIENT, in case of need for further clarification, may contact SBPERSONALCARE directly at the address indicated below.

 

17. Communications

All notices and notifications to SBPERSONALCARE must be received by mail to info@sbpersonalcare.it or by post letter to SBPERSONALCARE, Viale Premuda 14-20129 Milan - Milan - Italy. SBPERSONALCARE may contact the CLIENT through email or phone. The philosophy of our company puts the customer first, to meet the needs of all we provide:

email customer support: info@sbpersonalcare.it

Phone: +39-02-58109724

Writing a letter to: SbPersonalCare - Viale Premuda 14-20129 Milan - Milan - Italy

 

18. Applicable Law

The law applicable to the sale of products is Italian, with particular reference to the provisions of the CODE.

The invalidity of individual provisions of the GCS does not imply the invalidity of the entire CONTRACT or GCS.