1 - Object of the contract
1.1 These General Terms and Conditions of Sale represent the contract concluded through the Internet between www.lavieenrose.it of the company Cida srl (hereinafter referred to as the "Seller") and the Purchaser, regarding the purchase of goods/products on the website www.lavieenrose.it.
1.2 For any information or clarification you can contact the Seller's Customer Service through one of the contacts indicated in the following point.
2 - Parties to the contract: Purchaser, Consumer and Seller
2.1 Purchaser: shall mean any subject (natural person or other subject in law) who purchases one or more goods/products available on the aforementioned website. In the event that the Purchaser is a natural person and makes the purchase for purposes unrelated to any commercial, entrepreneurial or professional activity carried out, he/she shall acquire the status of "Consumer", and specific provisions set out in this Contract shall apply to him/her.
2.2 Consumer or User: the natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
www.lavieenrose.it of the company Cida srl
Via Partanna Mondello 39/e
VAT no. 00747660827
T.+390916912520 - F.+390916912015
E-mail customer service: firstname.lastname@example.org
3 - Purchase procedure and conclusion of contract
3.1 Before proceeding with the purchase of the products, you are required to carefully read these General Terms and Conditions of Contract, which are also referred to in the order summary and present in the footer of the site. Delivery cannot take place outside the Italian territory. The consumer shall read and specifically accept them before the purchase confirmation.
3.2 The consumer may register in the appropriate area of the Seller's website, filling in the request form in all its fields. If he has already done so, the consumer has the option of authenticating himself on the website by entering his authentication credentials in the spaces provided and thereby retrieving his profile information.
3.3 The purchase of any product on the portal takes place following the selection of the same by placing it in the "shopping cart". Once the product selection is complete, the consumer must select the payment and delivery method and complete the order by pressing the appropriate confirmation button, after displaying a printable web page summarising the order, containing the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, and the address where the goods will be delivered.
3.4 The contract is concluded and effective between the Parties when the Supplier receives the order form electronically. The Supplier shall, within 48 hours, send a confirmation e-mail in which all the data referred to in the preceding point are also set out.
If the Purchaser does not receive any confirmation within 7 days, the relevant order shall be deemed to have been rejected by the Supplier and shall therefore be of no effect.
3.5 Within the reserved area, the consumer may at any time track the status of orders (received, being processed, payment received, shipped, etc). For further information on purchases, order status, shipping times, etc., it is possible to contact the Seller at one of the addresses indicated in point 2.2.
4 - Availability of Products
4.1 The Seller undertakes to guarantee the constant availability of the goods/products on sale and ensures through the telematic system used the processing and execution of orders without delay.
4.2 Should an order exceed the existing quantity in the warehouse, the Seller shall inform the consumer by e-mail if the good is no longer available or what the waiting time is to obtain the chosen good, asking if he intends to confirm the order or not.
4.3 In exceptional cases, the purchased good may no longer be on sale or definitively unavailable for delivery. In these cases, the Seller shall cancel the order, with refund of any amounts already paid by the consumer, to whom no further compensation shall be due. The refund will be made through the same means of payment used by the purchaser.
5 - Shipping and delivery methods
5.1 The products offered by the Seller are delivered exclusively within the Italian territory.
5.2 Delivery is made on a same-day basis from Monday to Friday (excluding Saturdays and holidays) to the addressee's domicile and in the manner indicated on the website at the time the goods are offered. The first delivery attempt is made in approximately 5 working days in most locations, with the exception of Palermo where delivery is expected in 3 working days. Delivery times vary depending on the location of departure and arrival of the shipment.
In the event that the Seller is not able to make delivery to the carrier within the said term, it shall promptly notify the consumer by e-mail. During holiday periods (e.g. Christmas, Easter or August bank holiday) delays in the delivery of goods are possible, which in any case shall take place within the limit of 14 (fourteen) days.
The amount due shall be charged to the consumer's credit card at the same time as the order is placed by the consumer.
5.3 In the event of non-delivery (e.g. absent consignee, incorrect/incomplete address, etc.) the shipment shall remain in storage at the carrier's branch.
The second delivery attempt will be made within 2 working days after the first attempt.
5.4 Any damage to the packaging or wrapping of the goods/products delivered by the carrier must be immediately challenged by placing a reservation of control on the carrier's proof of delivery. It is understood that, once the carrier's document has been signed without any objection, the consumer is no longer entitled to raise any claim regarding the external characteristics of the delivered goods.
6 - Prices and shipping costs
6.1 All sales prices of the products displayed and indicated on the Seller's website are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
6.2 The sale prices, referred to in the previous point, are inclusive of VAT, calculated according to the rates in force in Italy, and of any other tax. The sale price does not include shipping costs, which shall be borne by the consumer and may vary depending on the volume, weight and destination of the package.
Costs relating to shipping and any additional charges are indicated separately from the sale price and are also contained on the order summary web page. Shipping costs are indicated and calculated in the purchase procedure prior to the placing of the order by the Purchaser and are also contained on the web page summarising the order placed.
6.3 Your orders will be delivered within 3 working days in Palermo; in the rest of Italy within 5 working days.
7 - Payment Methods
7.1 The available payment methods are displayed on the order confirmation page. Payment by the consumer can only be made by
- credit card
- Bank transfer
7.2 In the event of payment by credit card and Paypal, the price and additional charges specified on the order summary page (shipping costs, taxes, duties) shall be charged to the consumer at the same time as the order is placed by the consumer.
In the event of payment by bank transfer, the order shall be deemed confirmed upon verification of receipt of the transfer on the Seller's current account.
7.3 All payment-related communications shall take place over a connection protected by an encryption system. Credit card data are sent directly to the Credit Institute handling the payment on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. The credit card data is in no case directly accessible by the Seller or by third parties, neither at the time the order is sent nor afterwards.
The data communicated via Paypal are sent directly to the Credit Institute handling the payment on a secure server, with SSL encryption key so as to guarantee the absolute security of the transaction. They are in no case directly accessible by the Seller or by third parties, neither at the time the order is sent nor subsequently.
8 - Invoicing
The consumer may indicate whether he wishes to receive a purchase receipt or an invoice for the purchase of goods and services. In any case, the information provided by the consumer at the time the order is placed shall be considered final. No change in the invoice is allowed after the conclusion of the order.
When concluding the order, the consumer must indicate whether the billing address and delivery address are the same.
9 - Right of Withdrawal
9.1 The consumer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, commencing from the day of receipt of the goods purchased, except in the case of goods referred to in letters c), d) e), f) of Art. 59 of Legislative Decree no. Lgs. 21 February 2014.
9.2 In the event the Consumer decides to avail himself of the right of withdrawal, he must explicitly notify the Seller thereof.
9.3 The goods must be returned no later than 14 (fourteen) days from the date the explicit notice is sent.
In any event, the consumer shall comply with the following conditions in order to be entitled to a refund of the price paid:
- the purchased goods must be returned intact and including the original packaging complete in all its parts (including packaging and any documentation and accessory equipment, labels, capsules, etc.);
- the right applies to the purchased product in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product
- the right does not apply to products with a seal, if this has been tampered with or removed;
- upon the arrival of the product at the Seller's warehouse, the latter shall carry out an examination procedure to assess any damage or tampering not resulting from transport
- in the event that the goods are used by the Consumer before exercising the right of withdrawal, the refund shall only concern the residual value of the goods themselves.
9.4 The direct cost of replacement or return of the goods if the consumer exercises the right of withdrawal will be borne by Cida srl in case of damaged, wrong or non-compliant product. For any other reason it will be entirely at the consumer's expense.
9.5 The Seller will refund the full amount paid by the consumer free of charge within 14 (fourteen) days from receipt of the communication of withdrawal using the same means of payment used by the consumer unless the latter has expressly agreed otherwise. The Seller may withhold the refund until it has received the goods or until the consumer has proved that he has sent back the goods.
9.6 Upon receipt of the notice by the consumer that he/she has exercised the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the preceding paragraphs of this Article.
10 - Guarantees and Methods of Service
10.1 The manufacturer's liability applies to all products sold. In the case of packaged products, the manufacturer is also responsible for the truthfulness and completeness of the information on the packaging.
11 - SHOWCASE OF PRODUCTS WITH LABELLING OBLIGATIONS
11.1 The images present on the site are provided to the Purchaser to facilitate the recognition of the products; the photos are purely illustrative and therefore may not exactly reflect the appearance of the product delivered.
11.2 The Seller shall be liable for any lack of conformity that becomes apparent within the term of 2 years from delivery of the goods.
In order to be able to exercise warranty rights, it is necessary to keep the invoice or transport document pertaining to the purchase of the goods whose non-conformity is claimed.
11.3 The Purchaser shall forfeit all rights if he fails to notify the Seller of the lack of conformity within a period of 2 months from the date on which the defect was discovered. In any case, unless proven otherwise, defects of conformity that become apparent within 6 months after delivery of the goods shall be presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the defect of conformity.
11.4 In the event of a lack of conformity, the consumer may request, alternatively and free of charge, the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Vendor pursuant to Article 130, paragraph 4, of the Consumer Code.
11.5 The request shall be made in writing to the Seller by sending an e-mail to email@example.com.
11.6 In the event that the returned product turns out to be free of defects and therefore compliant, the Seller shall return the purchased goods to the consumer, charging him for all shipping costs incurred.
12 - Applicable law, place of jurisdiction and saving clause
12.1 This contract shall be governed by Italian law. For all matters not expressly provided for herein, the rules of law applicable to the relationships and cases provided for herein shall apply, and in particular Article 5 of the Rome Convention of 1980.
Pursuant to Article 60 of Legislative Decree 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.
12.2 In the event of disputes arising from this contract, the parties undertake to attempt mediation at the mediation agency of the Chamber of Commerce, Industry, Handicrafts and Agriculture of Palermo.
12.3 In the event of disputes arising from this contract, if the Parties intend to bring the matter before the ordinary judicial authorities, the competent Court shall be the Court of the place of residence or elective domicile of the Consumer, pursuant to Article 33, paragraph 2, letter u) of Legislative Decree No. 206/2005.
12.4 The invalidity of one or more clauses of these General Terms and Conditions shall not affect the validity of the remaining contractual clauses.