Online purchase contract
General Provisions
These general conditions of sale apply to purchases made through the dibiasehair.com website by "Consumer" CUSTOMERS (i.e. the natural person acting for personal and non-professional purposes, unrelated to entrepreneurial, commercial, artisanal or professional activities possibly carried out, as defined pursuant to Article 3, paragraph 1, letter a), of Legislative Decree no. 6 September 2005. 206 (Consumer Code): consumer or user: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out) and/or "Professional Buyers" CUSTOMERS (i.e. the freelancer or the legal person who , through a designated and authorized natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of his entrepreneurial and commercial activity), defined and identified below CUSTOMERS (consumers and professional consumers).
Depending on the buyer, consumer or professional buyer, who completes the contract, different rules and regulations will apply, as better specified below.
The conditions indicated below are effective exclusively between the company Di Biase Hair srl, in plrpt, Mrs. Apicella Anna born in Naples (Na) on 05.26.1978 – CF: PCLNNA78E66F839P and resident in Sant'Antimo alla Via Lambrakis, n. 6, with registered office in Sant'Antimo (Na) 80029 at Via Tasso, n. 6 Tax Code and Registration Number: 07355571212 of the Naples Company Register, registration date: 01.09.2013 (hereinafter referred to as DI BIASE HAIR) and any person (hereinafter referred to as CUSTOMER) who makes online purchases on the dibiasehair website .com, in accordance with the provisions of the Consumer Code, pursuant to Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003, regarding electronic commerce.
These conditions may be subject to changes and the date of their publication on the site is equivalent to the date of entry into force.
Definitions
The Seller OF BIASE HAIR, in plrpt, Mrs. Apicella Anna born in Naples (Naples) on 05.26.1978 – CF: PCLNNA78E66F839P – and resident in Sant'Antimo at Via Lambrakis, n. 6, with registered office in Sant'Antimo (Na) 80029 at Via Tasso, n. 6 Tax Code and Registration Number: 07355571212 of the Naples Company Register, registration date: 01.09.2013 acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts, through of the platform dibiasehair.com in compliance with these General Conditions of Online Sales.
Pre-contractual information for the Consumer is provided before the Consumer is bound by any online distance sales contract.
In particular, the information required by art. 49 Legislative Decree 21 February 2014, n. 21 are provided on the pages of the dibiasehair.com website and can always be consulted by clicking on the "Conditions of Sale" link on the Portal.
ARTICLE 1 Object of the contract
The contract concerns the sale, by DI BIASE HAIR to the CUSTOMER, of the products published on the dibiasehair.com website, where the name of the good and its essential characteristics are expressly indicated.
DI BIASE HAIR undertakes to describe and present the items sold on the site in the best possible way.
Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may appear.
Plus photographs of the products presented on dibiasehair.com they do not constitute a contractual element, but only representative, as the colors and aesthetic characteristics of the packaging, labels and product may undergo variations due to the monitor used by the CUSTOMER; DI BIASE HAIR therefore does not guarantee the truthful reproduction of the same.
The data published on the site may be subject to changes or updates, in order to provide a better service for the CUSTOMER; any possible variation will be promptly communicated upon confirmation of the order.
The CUSTOMER undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by DI BIASE HAIR and to accept them by placing a flag in the indicated box.
In the order confirmation email, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by the art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
The object of the online sales contract is any tangible movable property present on the dibiasehair.com Portal that DI BIASE HAIR offers for sale and which the CUSTOMER intends to purchase, through interaction with the aforementioned Platform, i.e. remotely via telematic tools.
This online sales contract regulates the purchase conditions between DI BIASE HAIR and the CUSTOMER based in Italy and who require delivery in Italian territory.
The goods that can be purchased using the procedure in question are only those that can be viewed on the pages of the Portal.
The items can be viewed and purchased even without prior registration on the platform.
DI BIASE HAIR does not sell used, irregular or lower quality products than the corresponding standards offered by the market.
ARTICLE 2 Pre-contractual information for the consumer art.49 of Legislative Decree 206/205
Before the conclusion of the purchase contract and before the validation of the order with payment obligation, the CUSTOMER is informed in accordance with the provisions of art. 49 of the Consumer Code and, among other things, of:
- main characteristics of the asset;
- identity of the seller, as well as address and contact details;
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- deadline within which DI BIASE HAIR undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art.7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 206/2005;
- information that the CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods.
In any case, the CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to DI BIASE HAIR, such as the geographical address, telephone and fax number, e-mail address. This information is also reported below:
DI BIASE HAIR SRL
Via Tasso n.6
80029 Sant'Antimo (Na)
Tel. 081.8335369; 081.8337942
Fax. 081.5059564
e-mail: info@dibiasehair.com
ARTICLE 3 Registration on the Portal
Registration on the Portal without obligation to purchase and can only be usefully completed by CUSTOMERS of age and in any case in possession of the appropriate faculties required by law to undertake commercial actions and stipulate contracts.
The personal data collected (for example, name, surname, e-mail, date of birth) will be processed in compliance with the provisions of Legislative Decree 196/03 and subsequent amendments, for the purposes and within the limits indicated in the Privacy Policy adopted from DI BIASE HAIR. The data provided must be accurate and updated if necessary.
The information on the processing of personal data collected will always be viewable by CUSTOMERS by clicking on the "Privacy" link in the footer of the Site.
The CUSTOMER who has completed registration on the Portal will receive a welcome email with confirmation of registration.
The CUSTOMER is responsible for his account and for all activities carried out and orders forwarded through his account and is required to immediately provide DI BIASE HAIR with evidence of any theft of credentials or unauthorized access.
The registered CUSTOMER will always be able to manage his profile by accessing the personal control panel and modify the address and/or his personal information, as well as view the order history, invoices and access the return procedure.
The registered CUSTOMER will always be able to view the catalog of available and purchasable products, their characteristics, technical information, prices, costs and shipping methods and any other information necessary for the correct formulation of the purchase intention, as well as the history of orders sent .
ARTICLE 4 Conclusion and effectiveness of the contract
It is possible to conclude the contract exclusively through the internet, by accessing the CUSTOMER at the address dibiasehair.com and placing a purchase order according to the procedure provided by the site itself.
In particular, the sales contract is considered concluded with the sending by DI BIASE HAIR to the CUSTOMER of an order confirmation email.
The e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to DI BIASE HAIR.
ARTICLE 5 Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order.
This availability must however be considered purely indicative because due to the simultaneous presence of multiple users on the site, the products could be sold to other CUSTOMERS before the order is confirmed.
Even following the sending of the order confirmation email sent by DI BIASE HAIR, cases of partial or total unavailability of the goods may occur.
In this case, DI BIASE HAIR will contact the CUSTOMER, taking steps to agree on the most suitable solution together. If, in this last case, there is no possibility of reaching an agreement, the CUSTOMER may request cancellation of the order, terminating the contract.
DI BIASE HAIR will refund any amount already paid within 14 days from the day on which it became aware of the customer's decision to terminate the contract.
ARTICLE 6 Prices
The prices of the goods that can be purchased are indicated analytically on the site and can be viewed by the Customer both in the mini-icon representing the item (on the home page or in the summary window of all the items of the selected category) and in the complete product sheet. All sales prices of the products displayed and indicated on the site are expressed in euros and constitute an offer to the public pursuant to art. 1336 cc.
The prices indicated for each of the goods are valid until the date of their online modification.
DI BIASE HAIR reserves the right to change its prices at any time, modifying the price of the item both in the mini-icon representing the item and in the relevant product sheet.
The current price will be displayed by the Customer by browsing the Portal.
The products remain the property of DI BIASE HAIR until the total amount due has been paid.
All sales prices of the products indicated on the dibiasehair.com website are expressed in euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment.
Shipping costs vary based on weight, size and destination.
They are automatically calculated and indicated during checkout in the cart.
For orders with amounts from 100 euros and weighing up to 30 kg, the relevant national shipping is free.
The CUSTOMER accepts DI BIASE HAIR's right to modify its prices at any time; in any case, it is understood that the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by DI BIASE HAIR to the CUSTOMER.
In the event of an IT, manual, technical or any other type of error that leads to a substantial change, not foreseen by DI BIASE HAIR, in the public sale price, such as to make it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and any amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 Payment methods
Any payment by the CUSTOMER can only be made using the credit cards indicated on the site dibiasehair.com by credit card, bank transfer, PayPal or in cash to the courier, so-called cash on delivery (within the limits established by law).
Payment by credit card: it is possible to pay with all credit cards of both the Visa and Mastercard circuits. Personal information will remain protected and under no circumstances will the CUSTOMER's personal credit card data be disclosed. Payment for the order will be immediate and without any additional commission, there will be no further waiting time for the processing of the order placed by the CUSTOMER. In the event of a successful outcome, the CUSTOMER will receive an email confirming receipt of payment and the order placed by the CUSTOMER will be processed and shipped.
Payment by bank transfer: in case of payment by bank transfer, the CUSTOMER will have to wait for the payment to be credited to DI BIASE HAIR's current account for the order to be processed. If there is an urgency to receive the goods, it is necessary to anticipate it by a few days so that the DI BIASE HAIR staff can process it as quickly as possible.
Payment by cash on delivery: it is possible to purchase all the products in the catalog as long as the total order placed does not exceed the value of euro 2,999.99 (two thousand nine hundred and ninety-nine euros/99), with VAT and shipping included.
In the case of a shipment with cash on delivery, a small additional contribution is required, calculated automatically during checkout in the cart.
Before confirming the purchase, the final price including the contribution will be displayed.
Cash on delivery payment takes place exclusively in cash to the courier upon delivery of the goods and is available only and exclusively for shipments within the national territory.
Payments by check are not accepted.
Communications relating to payment and the data communicated by the CUSTOMER at the time the payment is made will be made on special protected lines.
ARTICLE 8 Right of withdrawal
The CUSTOMER has the right to withdraw from the contract, without indicating the reasons, within 14 (fourteen) days from when he or a third party appointed by him received the product and in the case of purchase of multiple products delivered separately but included in a single order , received the latest product. In this case, the signature and dates affixed by the CUSTOMER on the receipt form are valid.
To exercise the right of withdrawal, the company DI BIASE HAIR SRL, in plrpt, with registered office in Sant'Antimo (Na) 80029 at Via Tasso, n. must be informed. 6, of the decision, by sending an explicit declaration or using the withdrawal form referred to in Annex I part B of Legislative Decree no. 206/2005.
To exercise the right of withdrawal, the CUSTOMER and/or the recipient of the order must complete the appropriate return form and duly sign it, accurately reporting the order number and related information. The CUSTOMER must send an email to the following address: shop@dibiasehair.com concerning. Request to return products order no. (indicating the order number as reported in the confirmation email and on the paper sales note received together with the goods), indicating the desire to exercise the right of withdrawal.
To meet the deadline, it is sufficient to send the withdrawal declaration or the form completed in its entirety, before the withdrawal period expires.
In the event of a valid withdrawal exercise, the CUSTOMER will be refunded the payments he has made, including delivery costs (with the exception of additional costs resulting from the consumer's possible choice of a type of delivery different from the least expensive type of delivery offered by DI BIASE HAIR), without undue delay and in any case no later than 14 days from receipt of the withdrawal decision.
These refunds will be made by bank transfer or postal order.
The refund may be suspended until the goods are received and checked or until the CUSTOMER demonstrates that they have sent the goods back, whichever is earlier.
If the product has been delivered, the CUSTOMER must return it intact in its original packaging, a Di Biase Hair srl, in plrpt, with registered office in Sant'Antimo (Na) 80029 at Via Tasso, n. 6 , without undue delay and, in any case, within 14 days from the day on which the withdrawal was communicated.
The deadline is met if the goods are sent back before the 14 day period has expired. The direct costs for returning the goods will be borne by the CUSTOMER, except in the case in which the withdrawal results from the delivery of defective, non-compliant, damaged or missing products.
The CUSTOMER who withdraws from this online sales contract will be refunded all payments made to DI BIASE HAIR, including delivery costs (with the exception of additional costs resulting from the possible choice of a different type of delivery from the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which DI BIASE HAIR was informed of the decision to withdraw from this online sales contract.
These refunds will be made using the same payment method used for the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, you will not incur any costs as a consequence of such reimbursement.
The refund may be suspended until the goods are received or until the CUSTOMER demonstrates that they have sent the goods back, whichever is earlier.
If the CUSTOMER has received the goods covered by the online sales contract, he is required to send the goods back or deliver them to DI BIASE HAIR SRL based in Sant'Antimo (Na) at Via Tasso, n.6, without undue delay and in any case within 14 days from the day on which the Consumer CUSTOMER communicated his withdrawal from this online sales contract.
The deadline is met if the goods are sent back before the 14 day period has expired.
The direct costs of returning the goods will be borne by the CUSTOMER.
The actual cost of the return will in any case be linked to the return methods chosen by the CUSTOMER (for example the carrier or the type of shipping chosen).
In the event that DI BIASE HAIR has not satisfied the information obligations linked to the existence of the right of withdrawal, methods and times of return or collection of the goods in case of exercise of the right of withdrawal, the deadline for exercising the right is of 12 months after the end of the initial withdrawal period as indicated in the previous point.
If DI BIASE HAIR provides the information indicated within the period of 12 months after the end of the initial withdrawal period, the right of withdrawal ends 14 days after receipt of the information by the CUSTOMER.
Upon receipt of the communication with which the CUSTOMER communicates the exercise of the right of withdrawal, the parties to the online contract are released from their mutual contractual obligations, without prejudice to the obligations of the CUSTOMER and DI BIASE HAIR previously mentioned.
The products must be returned to DI BIASE HAIR in their integrity with the original packaging, accessories, instructions for use and anything else supplied with them. The substantial integrity of the property is an essential condition for exercising the right of withdrawal. DI BIASE HAIR also has the right not to accept returned products that have been altered from their original condition or have been damaged. It is recommended to send the goods using the service/courier that can ensure the traceability and integrity of the package. If one of these conditions is not respected, we will not be able to accept the relevant return and the items will be returned to the CUSTOMER at the CUSTOMER's expense.
Product received by the CUSTOMER defective or broken: if the product received by the CUSTOMER has defects, it is necessary to report the problem to DI BIASE HAIR customer service by sending an email to the following address: shop@dibiasehair.com and specifying the type of defect found. Furthermore, more than one photo highlighting the problems encountered must be attached to the aforementioned e-mail. DI BIASE HAIR customer service will contact the CUSTOMER to agree on the method of reimbursement or replacement of the product, taking charge of all additional costs.
Product received by the CUSTOMER different from the one ordered: if the product received by the CUSTOMER is different from the one ordered, the same CUSTOMER is required to report the problem to DI BIASE HAIR customer service by sending an email to the following address: shop@dibiasehair.com and specifying the product received and the one actually ordered . In this case, the CUSTOMER will be contacted by DI BIASE HAIR customer service to agree on the refund or replacement method, with all additional costs at their own expense.
For this purpose it is specified that any product returned in poor condition, used and without its original packaging will not be refunded.
The product must be received by DI BIASE HAIR in completely new conditions.
Important notes
Transport costs and responsibility for the goods during shipping, as required by law, are borne by the CUSTOMER.
It is therefore advisable to insure the product with the chosen courier, taking care to carefully package the goods, where possible by inserting the original packaging in an external box and, in any case, avoiding damaging the product with adhesive tapes, labels, etc. The product must be returned intact and complete with all its parts and accessories, including any guarantees, instructions, user licenses, cables, etc. In the event of transport damage occurring during the return, DI BIASE HAIR will notify the consumer of the damage within five working days of receiving the product, allowing the consumer to file a complaint with the courier used for transport. The damaged goods will be made available for return and the withdrawal request will be canceled at the same time.
Except as provided below for the case of partial withdrawal, DI BIASE HAIR will reimburse, within 30 days from the moment in which the seller became aware of the exercise of the right of withdrawal, the entire amount of the purchase and the expenses transport for delivery, via credit card transfer procedure or by bank transfer to the current account indicated by the consumer; The transport costs for returning the product remain the responsibility of the latter.
If the withdrawal is partial (i.e. it concerns only a part of the products delivered in a single delivery), the reimbursement of shipping costs incurred by the consumer for the delivery of the products at the time of purchase is excluded.
ARTICLE 9 Exclusions from the Consumer's right of withdrawal
The Consumer Code provides exclusions to the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated away from business premises and excluded in relation to:
- a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the online sales contract by of the seller;
- b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is not able to control and which may occur during the withdrawal period;
- c) the supply of goods made to measure or clearly personalized;
- d) the supply of goods which risk deteriorating or expiring rapidly;
- e) the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
- f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the online sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the seller;
- h) contracts in which the Consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repair or maintenance work if on the occasion of such visit, the seller provides services in addition to those specifically requested by the Consumer CUSTOMER or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
- (i) the supply of sealed audio or video recordings or sealed computer software which has been opened after delivery;
- l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
- m) contracts concluded at a public auction;
- n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
- o) the supply of digital content using a non-material medium if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.
ARTICLE 10 Request to Cancel the Order
The purchase order can be canceled entirely if, at the time of the cancellation request, the creation of the graphic draft of the same is still in progress and, in any case, if the amount has not yet been collected; in this case no cost will be charged to the CUSTOMER.
If at the time of the request to cancel the purchase order the product is already manufactured or, in any case, the amount has been collected, the CUSTOMER must exercise the right of withdrawal and send the goods back to DI BIASE HAIR.
To this end, it is necessary to follow the procedures indicated above for exercising the right of withdrawal.
For further information you can write to us at the following email address: info@dibiasehair.com
ARTICLE 11 Responsibilities and obligations of DI BIASE HAIR towards the CUSTOMER / Consumer: liability for defects, proof of damage and compensable damages
The CUSTOMER undertakes to pay the price of the products in the manner and according to the terms better described above and to print and keep the order confirmation email containing the order number, a summary of the order placed and the General Conditions of Purchase.
Pursuant to the articles. 114 et seq. of the Consumer Code, DI BIASE HAIR is responsible for the damage caused by defects in the goods sold if it fails to communicate to the injured person, within three months of the request, the identity and domicile of the manufacturer or of the person who provided him with the Well.
The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
DI BIASE HAIR cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
The injured party may request compensation for damages caused by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is mainly used by the injured party.
Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387/00 euros).
Under no circumstances can the CUSTOMER / Consumer be held responsible for delays or misunderstandings in payment if they demonstrate that they have made the payment within the times and methods indicated by DI BIASE HAIR.
DI BIASE HAIR cannot be held responsible for damages, losses and costs suffered by the CUSTOMER / Consumer following the failure to execute the contract for reasons not attributable to him, the CUSTOMER / Consumer having the right only to the full refund of the price paid and the any additional costs incurred.
ARTICLE 12 Legal guarantee of conformity
In the event of receipt of goods that do not conform to the orders or are damaged, the CUSTOMER has the right to have the conformity of the product restored free of charge by replacing it.
DI BIASE HAIR declines all responsibility in the event that the delivered product does not comply with the legislation of the delivery country other than Italy.
ARTICLE 13 Guarantees and methods of assistance to the Consumer
DI BIASE HAIR is liable for any lack of conformity that occurs within two years (24 months) from delivery of the goods to the CUSTOMER.
For the purposes of this contract, it is presumed that the consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the seller and possess the qualities of the goods that the seller presented to the CUSTOMER 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, if applicable, the public declarations on the specific characteristics of the goods made in this regard by DI BIASE HAIR , by the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the CUSTOMER and which was brought to the attention of BIASE HAIR at the time of the conclusion of the contract and which the latter also accepted for conclusive facts.
The CUSTOMER / Consumer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if DI BIASE HAIR has recognized the existence of the defect or has hidden it.
In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity. compliance.
In the event of a lack of conformity, the CUSTOMER / Consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for DI BIASE HAIR pursuant to art. 130, paragraph 4, of the Consumer Code.
The request must be sent in written form, by registered mail with return receipt or by email to DI BIASE HAIR, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within seven days working hours from receipt.
In the same communication, where DI BIASE HAIR has accepted the CUSTOMER's request, it must indicate the methods of shipping or returning the goods as well as the deadline expected for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively burdensome, or DI BIASE HAIR has not repaired or replaced the goods within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the CUSTOMER, he may request, at his choice, an appropriate reduction in the price or the termination of the contract.
In this case, the CUSTOMER must send his request to DI BIASE HAIR, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, where DI BIASE HAIR has accepted the CUSTOMER's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the CUSTOMER's responsibility to indicate the methods for crediting the sums previously paid to DI BIASE HAIR.
The CUSTOMER may communicate any complaints to DI BIASE HAIR or request support and assistance either by post or by telephone, fax or e-mail at the following addresses: DI BIASE HAIR SRL Sant'Antimo (NA) Via T. Tasso, n.6, number telephone number 081.8335369; 081.8337942, fax number 081.5059564, e-mail info@dibiasehair.com.
DI BIASE HAIR cannot be held responsible for non-fulfilment of the contract in the event of stock shortages or unavailability of the product, force majeure, total or partial interruption or strike, in particular of postal services and means of transport and/or communications.
DI BIASE HAIR cannot be held responsible for any direct or indirect damages that may occur following the purchase of the products.
The total or partial impossibility of using the products, in particular due to an incompatibility of the material, cannot oblige DI BIASE HAIR to be liable nor give rise to compensation and refunds.
ARTICLE 14 Delivery methods
DI BIASE HAIR will only accept orders to be delivered in Italian territory.
DI BIASE HAIR undertakes to deliver the goods, via courier to the address indicated by the CUSTOMER at the time of the order, within 48 (forty-eight) hours of DI BIASE HAIR sending the order confirmation email to the CUSTOMER .
You can choose to receive the goods at the billing address or a different address correctly indicated at the time of purchase (to be indicated in the shipping address item) .
The goods are delivered within 48 (forty-eight) working hours, except for remote areas, difficult delivery locations, islands, peripheral locations, weather conditions, traffic and road conditions by act of the authority or for reasons of force majeure not attributable to DI BIASE HAIR.
The times indicated above are indicative as they may vary depending on the availability of the goods and the flow of orders received.
The CUSTOMER will receive an email containing the tracking number when the relevant order is entrusted to the courier so as to be able to track the package until the day of delivery.
Upon receipt of the goods, the CUSTOMER is required to verify their integrity; if the CUSTOMER has doubts about the integrity of the same, he must indicate it on the delivery receipt, indicating a written reservation and returning it to the courier.
For each order placed on the dibiasehair.com website, DI BIASE HAIR will issue an invoice for the goods shipped.
The invoice will be sent by regular mail or by e-mail.
The invoice will contain all the information provided by the CUSTOMER during the purchase procedure.
After the invoice has been issued, it will no longer be possible to make any changes to the data indicated in the invoice.
ARTICLE 15 Use of the Portal and Responsibilities of DI BIASE HAIR
The CUSTOMER uses the services offered by the online shop platform at his own expense: the provision of the PC and internet connection is at his expense.
DI BIASE HAIR is not responsible for the improper use of the site by CUSTOMERS, for disservices or malfunctions of the site and does not assume responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within times foreseen by the contract.
DI BIASE HAIR is not responsible for the actions of the courier transporting the goods in the event of a delay in delivery or damage to the same.
In the event of failure to execute the contract for reasons not attributable to DI BIASE HAIR, the latter will not be liable towards the CUSTOMER / Professional Buyer or Consumer for damages, losses or costs suffered.
DI BIASE HAIR assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The Portal is made available without the issuance of any guarantee or specific license: the CUSTOMER who uses it assumes all risks associated with the use of the Internet and IT applications (hardware and software) and must ensure that he is in compliance with the basic safeguards IT security (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material.
DI BIASE HAIR is not responsible and is not liable for any viruses, malicious codes or any problems related to the CUSTOMER's internet browsing as they do not depend on the work of DI BIASE HAIR itself.
In particular, DI BIASE HAIR declines any responsibility related to the following:
- a) Incompatibility of the site with the equipment, software and telecommunications connections available to the CUSTOMER;
- b) Attacks suffered by the CUSTOMER / buyer / consumer while browsing the web (by way of example but not exclusively: viruses, malicious codes, etc.);
c) Damage to the IT equipment/software that the CUSTOMER / Professional Buyer uses for navigation not directly attributable to the seller,
d) Disservices or malfunctions of the Portal attributable to force majeure;
- e) Disservices or malfunctions connected to the use of the internet beyond its control or that of its sub-suppliers, except in the case of willful misconduct or gross negligence;
- f) Interruptions of the online shop service;
- g) Fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, when paying for the products purchased, if you demonstrate that you have adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The CUSTOMER undertakes, once the online purchase procedure has been completed, to print and keep this contract.
ARTICLE 16 – DI BIASE HAIR's responsibility towards the CUSTOMER / Professional buyer and limitations
The CUSTOMER / Professional Buyer undertakes to pay the price of the products purchased in the manner and according to the terms better described above.
In reference to purchases made through this website by the CUSTOMER/Professional Buyer, the guarantee provided by DI BIASE HAIR is only that relating to Business2Business purchases and follows the applicable general rules (art. 1490 et seq. of the Civil Code) and, in particular , operates only if the product is used in compliance with the uses for which it is intended.
After eight days from receipt of the goods by the CUSTOMER Professional Buyer, no complaints will be accepted on the goods ordered and delivered.
Complaints can be sent to the following email address: email: shop@dibiasehair.com.
Returns will not be accepted unless authorized and preliminarily accepted by DI BIASE HAIR, for example in the case of a defective product (the presence of the defect must be asserted within 8 days of discovery).
In the event of a defective product, DI BIASE HAIR will issue a credit note as a refund of the price paid or will replace the product.
DI BIASE HAIR cannot in any way be held responsible for the use that would be made of the items for sale on this site and the consequences that would derive from it. The CUSTOMER is solely responsible for the equipment and its application. It is up to the CUSTOMER to ensure that their actions comply with the legislation in force in their country and do not harm others or themselves.
ARTICLE 17 Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, especially commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of DI BIASE HAIR and are protected by intellectual property rights.
ARTICLE 18 Method of archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, DI BIASE HAIR informs CUSTOMERS: Consumers and/or professional buyers that each order sent is stored in digital/paper form at the headquarters of DI BIASE HAIR itself or on the information system/IT tools of the seller's service providers and whose relationships are governed by a regular service contract (Server Farm for example).
ARTICLE 19 Information on cookies and navigation data privacy
INFORMATION ON PERSONAL DATA PROCESSING – ART. 13 REG. 679/16
The consultation of this website and the use of the services offered involve the processing of some information directly or indirectly referable to you and are processed and used in accordance with the principles established by Regulation (EU) 2016/679 as illustrated in the GDPR section and privacy policies.
The customer account (postal address, email address and telephone number) and password are personal and strictly confidential information that cannot be used or communicated to third parties.
The CUSTOMER is responsible for the use made of the customer account by third parties, in particular in the event of recklessness or negligence on the part of the same. If you agree to receive offers from DI BIASE HAIR partners, you can receive the aforementioned offers exclusively via email.
The CUSTOMER can unsubscribe from the DI BIASE HAIR newsletters at any time or modify their information by accessing their personal space.
TYPES OF DATA PROCESSED AND PURPOSE
Browsing data
The computer systems and software procedures used to operate this website acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This is information that is not collected to be associated with identified interested parties, but which by its very nature could, through processing and association with data held by third parties, allow users to be identified. This category of data includes the IP addresses or domain names of the computers used by users who connect to the site, the addresses in URI (Uniform Resource Dentiere) notation of the requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.) and other parameters relating to the operating system and the user's IT environment. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check its correct functioning and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site: except for this, the data on web contacts do not persist for more than seven days.
Data provided voluntarily by the user
This site contains email addresses and other contact details, such as a form of data collection for information, a form of user registration, subscription to the newsletter, etc. The use of these services (i.e. the optional, explicit and voluntary sending of e-mails to the addresses indicated on this site) involves the subsequent acquisition of the address and personal data provided by the user, in order to respond to and manage the requests or to provide and maintain the Service described (e.g. personal pages, newsletters, etc.). The data will be archived for the period necessary to provide the requested service, to which a further period is added to guarantee the protection or defense in court of rights or obligations that find their source or proof in the processing (for the duration of the limitation period).
USE OF COOKIES
This website, for better functioning and to guarantee services provided by third parties, uses Cookies released by the OWNER or by third parties.
- A) MANAGEMENT OF COOKIES
By using this website the visitor expressly consents to the use of cookies.
Cookies are connected to the browser used and CAN BE DISABLED DIRECTLY FROM THE BROWSER, thus refusing/revoking consent to their use, in compliance with the provisions of Regulation (EU) 2016/679 (so-called GDPR)
It should be kept in mind that disabling cookies could prevent the correct use of some functions of the site itself.
Further information regarding the procedures to follow to disable cookies can be found on the website of your browser supplier.
- B) WHAT ARE COOKIES
A cookie is a text file that is stored on computers, such as mobile phones and on any device used by the user to browse the Internet, capable of storing the user's browsing information to then be re-transmitted to the same site on the next visit. of the same user.
Some cookies can be used to make navigation easier and personalize the user's experience on the website by identifying them when they use the site.
Some cookies can indicate which sections of the site are visited the most, thus helping the DI BIASE HAIR seller to evaluate the effectiveness of communication and awareness campaigns, the dissemination of institutional news, of services provided by DI BIASE HAIR itself, to improve what is slow can offer to the taxpayer/user.
The seller of BIASE HAIR respects the provisions contained in the Code regarding the protection of personal data (Privacy Code), as amended by Legislative Decree 28 May 2012, n. 69, in transposition of the European Directive 2009/136/EC and in compliance with the provisions of Regulation (EU) 2016/679 (so-called GDPR)
- C) TYPES OF COOKIES
Cookies can be classified into:
- Session cookies, or temporary, are those that expire or are deleted when the browser is closed, while persistent cookies have longer expiries (from a few minutes to entire months) depending on the functions they perform. It is precisely these functions that distinguish cookies into two macro-categories: technical and non-technical (or profiling).
- Technical cookies manage the data necessary for the provision of pages and facilitate navigation, allowing, for example, not having to re-enter your username and password to access particular services, remembering the last page visited or to what extent you have viewed a video, to recognize the type of device in use and to adapt the size of the images accordingly. Technical cookies also allow aggregate statistical analyzes to be carried out on the most visited pages and user preferences, but only in anonymous form, and are not used to analyze the behavior or preferences of individual users (navigation, functional and analytical cookies).
- Profiling cookies. These are permanent cookies used to identify (anonymously or otherwise) the user's preferences and improve their browsing experience
Cookies can be installed directly by the manager of the site you are browsing (so-called first-party cookies) or, if the site relies on external services for particular functions, by other websites (so-called third-party cookies).
C1) Cookies used:
The cookies released by the OWNER are technical and are those used for the sole purpose of "carrying out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or by the user to provide this service". They are not used for any other purpose, and are installed during normal navigation on our pages.
This site uses the following types of cookies:
Browsing cookies: to allow the user to view this website and make it work correctly. These cookies are essential for the correct functioning of the Site.
Functional cookies: to remember your preferences and to help you use this Website as effectively as possible, for example by memorizing the criteria, services and events you have previously viewed. Functional cookies are not essential for the functioning of the Website, but they add services by improving the overall browsing experience.
Analytical cookies: to better analyze how users use the Website and consequently optimize and improve it, and to ensure that it is always effective and efficient.
For the installation of these cookies, the prior consent of the users is not required, while the obligation to provide this information pursuant to art. 13 of Reg. 679/16.
C2) Third party cookies
While browsing this site, the user may receive cookies from third-party companies (so-called "third-party" cookies) also for further non-technical purposes. The site, in fact, integrates features developed by third parties within its pages, such as icons and preferences expressed in social networks, in order to share the site's contents.
An example represented by the presence of social plug-ins for Facevo, Twistore, Google+ or LinkedIn, or embedded (integrated) multimedia content visualization systems such as Youtube, Vimeo or Flikr, as well as weather plug-ins. These are parts generated directly by the aforementioned sites and integrated into the web page of the host site visited.
The presence of these plug-ins involves the transmission of cookies to and from all sites managed by third parties. The management of information collected by third parties is governed by the relevant information to which please refer.
By continuing to browse the site's home page in any way, you consent to the use of third-party cookies on this site, for the purposes indicated in the information. To ensure greater transparency and convenience, the web addresses of the various information and methods for managing cookies are shown below.
Google maps – Youtube – Google+ information: www.google.it/intl/it/policies/technologies/cookies/
Google maps – Youtube – Google+ (configuration): www.google.it/intl/it/policies/technologies/managing/
C3) Analytics cookies
For the sole purpose of monitoring and improving the performance of the site, we use a statistical analysis market product to detect access to the site. It may resort to the use of cookies, permanent or otherwise, for the purpose of collecting statistical information and on "unique visitors" to the site. The cookies, defined as "Unique Visitor Cookies", contain an alphanumeric code that identifies the browsing computers, without however any collection of personal data.
Google Analytics. The site may also make use of components transmitted by Google Analytics, a web traffic analysis service provided by Google, Inc. (Google). These cookies are used for the sole purpose of monitoring and improving the performance of the site, for technical purposes. For further information, please refer to the link below:
www.google.it/policies/privacy/partners/
The user can selectively disable the action of Google Analytics by installing the opt-out component provided by Google on their browser. To disable the action of Google Analytics, please refer to the link below:
https://tools.google.com/dlpage/gaoptout
- D) DURATION OF COOKIES
Some cookies (session cookies) remain active only until the browser is closed or the logout command is executed. Other cookies survive when the browser is closed and are also available on subsequent visits by the user. These cookies are called persistent and their duration is set by the server at the time of their creation. In some cases a deadline is set, in other cases the duration is unlimited.
- E) MANAGEMENT OF COOKIES
The user can decide whether or not to accept cookies using their browser settings.
Warning: total or partial disabling of technical cookies could compromise the optimal use of the site or make some functions unavailable.
Disabling third-party cookies does not affect navigability in any way.
The setting can be defined specifically for different websites and web applications. Furthermore, browsers allow you to define different settings for first-party and third-party cookies.
For example, in Firefox, through the Tools->Options->Privacy menu, it is possible to access a control panel where it is possible to define whether or not to accept the different types of cookies and proceed with their removal. Documentation on how to set the cookie management rules for your browser is easily available on the internet; as an example, some addresses relating to the main browsers are given below:
Chrome: https://support.google.com/chrome/answer/95647
MozillaFirefox: https://support.mozilla.org/it/kb/Attivare%20e%20disattivare%20i%20cookie
Internet Explorer: https://support.microsoft.com/it-it/help/278835/how-to-delete-cookie-files-in-internet-explorer
Opera: help.opera.com/Windows/10.00/it/cookies.html
Apple Safari: https://support.apple.com/it-it/HT201265
PROVISION IS OPTIONAL
Apart from what is specified for navigation data, the user is free to provide personal data, in particular the data reported in the request forms on the site. Failure to provide them may make it impossible to obtain what is requested.
PROCESSING METHODS
Personal data are processed with automated tools for the time strictly necessary to achieve the purposes for which they were collected.
Specific security measures are observed to prevent data loss, illicit or incorrect use and unauthorized access.
RIGHTS REGARDING THE PROTECTION OF PERSONAL DATA
We inform you of the existence of some rights regarding the protection of personal data and how to exercise them towards the OWNER.
For the list of rights and related implementation methods, please refer to the GDPR and privacy policies section.
COPYRIGHT AND TRADEMARKS
Texts, images and any other multimedia content present on the site owned by the OWNER or licensed to him, without prejudice to the possibility of using the contents provided for by current legislation on the matter (art. 70 et seq. L. 633/41, Fair use, open by default principle etc.)
All distinctive signs used within the site belong to their respective owners or licensors.
ARTICLE 20 Intellectual property
DI BIASE HAIR retains all intellectual property rights on the products offered for sale on the dibiasehair.com portal, in particular with respect to models, images, characteristics and specifications of the product and other information that may be accessible to CUSTOMERS and more generally to visitors to the site.
It is prohibited to copy, sell, take possession of or otherwise share the images viewable on the Portal without the prior permission of DI BIASE HAIR.
Any violation punishable according to applicable laws.
ARTICLE 21 Provision and processing of personal data
DI BIASE HAIR undertakes to collect personal data with the exclusive purpose of registering the CUSTOMER and activating the procedure for executing the order; the data will be processed in compliance with current legislation.
The CUSTOMER gives consent to the processing of personal data for the completion of the order and for receiving the newsletter.
The personal data provided will be processed in accordance with the provisions of Legislative Decree 196/03 and subsequent amendments. Full copy of the information on data processing (privacy policy) and on the use of cookie technology (cookie policy) available in the footer of the site or by clicking on the following links: privacy policy cookie policy.
ARTICLE 22 Integrality
These general conditions of sale are made up of all the clauses that compose it. If one or more provisions of these general conditions of sale are 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 effect.
ARTICLE 23 Dispute settlement | Applicable law and competent court
The sales contract between the CUSTOMER and DI BIASE HAIR is intended to be concluded in Italy and regulated by Italian law. Unless otherwise established, Italian law on the matter applies.
For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, this is a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase indicating in the 'order a VAT number reference, the territorial jurisdiction is that of the relevant court of your municipality of residence; in all other cases, the territorial jurisdiction exclusively lies with the court of the seller's registered office, in this case DI BIASE HAIR.
In particular:
the contract concluded by the CUSTOMER Professional buyer regulated by the Civil Code, in particular by the art. 1341 et seq., art. 1470 et seq.
Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Professional Buyer CUSTOMER declares to have carefully read and specifically approved the clauses referred to in point 10 called Responsibilities and obligations of DI BIASE HAIR towards the Consumer CUSTOMER: liability for defects, proof of damage and compensable damages, as well as point 22 called Dispute Settlement | Applicable law and competent court indicating the competent court in case of disputes.
As for the contract concluded by BIASE HAIR with the Consumer CUSTOMER, although not expressly provided herein, the legal provisions applicable to the relationships and cases provided for in this contract apply: art. 1341 et seq. and art. 1469 bis, as well as art. 1470 et seq. of the Civil Code and Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I which the consumer will see applied in full.
For any dispute linked to the online sales contract or to these General Conditions that may arise between DI BIASE HAIR and the competent professional buyer CUSTOMER the Court of Naples North.
For any dispute linked to the online sales contract or to these General Conditions that may arise between DI BIASE HAIR and the Consumer CUSTOMER, the competent court is exclusively that of the place of residence or domicile of the consumer if located in the territory of the state, mandatory pursuant to of the art. 66 bis of the Consumer Code.
