The Purchaser expressly declares that they are making the purchase for purposes unrelated to their commercial or professional activity.
The goods covered by these general terms and conditions are offered for sale by VOGUE HAIR LAB S.R.L., with registered office in Via Bicocca 13 – 23900 Lecco (LC), registered with the Lecco Chamber of Commerce under no. 313385 of the Register of Companies, tax code no. 003324380132 VAT no. 003324380132 hereinafter referred to as the 'Supplier' or 'Seller',
3.1 The term "online sales contract" refers to the contract of sale relating to the Supplier's tangible movable goods, entered into between the Supplier and the Purchaser as part of a distance selling system using electronic means, organised by the Supplier.
3.2 The term "Purchaser" refers to the consumer, whether a natural or legal person, who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out; the above applies to the effects of this contract between the parties who enter into it.
3.3 The term "Supplier" and/or "Seller" refers to the entity indicated in the epigraph.
4.1 With this contract, the Supplier sells and the Purchaser purchases, respectively, by means of electronic means, the tangible movable goods indicated and offered for sale on the website www.wakeupsf.com
4.2 The products referred to in the previous point are illustrated on the web page: shop, which is to be considered an integral part of the agreement entered into for all purposes.
The contract between the Supplier and the Purchaser is concluded exclusively via the internet by the Purchaser accessing the website www.wakeupsf.com, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods, i.e. the contract for the purchase of the goods referred to in point 1 of the previous article.
6.1 The purchase contract is concluded by accurately completing the request form and consenting to the purchase by sending the acceptance online or by completing the form attached to the online electronic catalogue at www.wakeupsf.com and then sending the form, after viewing a web page summarising the order, which can be printed and shows the details of the person placing the order and the order itself, identifying the goods requested, the price of the goods purchased, the shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
6.2 When the Supplier receives the order from the Purchaser, it will send a confirmation email or display a printable web page confirming and summarising the order, which also contains the information referred to in the previous point.
6.3 The contract shall not be considered finalised and effective between the parties in the absence of the information referred to in the previous point.
7.1 Payment for the goods ordered by the Purchaser may only be made using one of the methods indicated on the relevant web page by the Supplier. Any other method of payment may be considered ineffective by the Supplier, who will therefore not assume any obligation regarding the execution of the contract.
7.2 Any refund to the Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by clause 15, point 2 et seq. of this contract, within a maximum of 30 days from the date on which the Supplier became aware of the withdrawal. The aforementioned period of 30 days within which to make the refund shall be considered applicable to any cause that has led to the termination of the contract due to the Supplier's inability to perform, as well as in the event that the supply is faulty or defective, except as expressly provided for in point 11 of this contract.
8.1 The Supplier shall deliver the selected and ordered products in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 6.2.
8.2 Shipping times may vary from the day of the order to a maximum of 15 working days from the confirmation of the order, unless otherwise indicated on the website. If the Supplier is unable to ship within this period but, in any case, within the period indicated in the following point, the Purchaser will be promptly notified by email.
8.3 The methods, times and costs of shipping are to be considered essential elements of this contract and are therefore highlighted at www.wakeupsf.com
9.1 All sales prices of the products displayed and indicated on the website www.wakeupsf.com are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code and are to be understood as inclusive of taxes and, in particular, VAT.
9.2 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
10.1 If an order exceeds the quantity currently in stock, the Supplier shall notify the Purchaser by email if the goods can no longer be reserved or what the waiting times are for the remaining part of the supply that is not available at that time, expressly asking the Purchaser whether they still wish to confirm the order or withdraw from it.
10.2 The Supplier's computer system will confirm the registration of the order as soon as possible by sending the user a confirmation email, as expressly indicated in point 6.2.
11.1 The Supplier shall not be liable for any disruption attributable to force majeure, in the event that it is unable to execute the order within the time specified in the contract.
11.2 The Supplier shall not be held liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet that are beyond its control or that of its sub-suppliers.
11.3 Furthermore, the Supplier shall not be liable for any damage, loss or costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to it, as the Purchaser shall only be entitled to a full refund of the price paid and any additional costs incurred, with the express exclusion of damages resulting from the unavailability of the goods supplied within the time specified in the contract.
11.4 The Supplier shall not be liable for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other means of payment in relation to the payment of the products purchased, if it can prove that it has taken all possible precautions based on the best knowledge and experience available at the time and in accordance with ordinary diligence.
11.5 Under no circumstances shall the Purchaser be held liable for delays or errors in payment if it can demonstrate that it has made the payment within the time limits and in the manner indicated by the Supplier.
12.1 Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if it fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or, in any case, of the person or legal entity that supplied the goods to the seller.
12.2. The aforementioned request by the injured purchaser must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists, and if this is not possible, a plausible and verifiable reason for the unavailability of the goods.
12.3 The Supplier shall not be held liable for the consequences of a defective product if the defect is due to the non-conformity of the product with current standards, taking into account the agreed price, a mandatory legal provision or a binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
12.4 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising from it and nevertheless voluntarily exposed themselves to it by using the goods supplied.
12.5 In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage, without prejudice to the provisions of point 9 above regarding the limitation of liability on the part of the supplier.
12.7 Damage to property referred to in Article 123 of the Consumer Code shall, however, only be compensable to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387).
13.1 The Supplier shall be liable for any lack of conformity with the characteristics of the goods as described in the electronic catalogue, which becomes apparent within 12 months of delivery of the goods and which results in the goods being completely unusable, without prejudice to the obligation to report such non-conformities, faults and defects within 10 working days of the date of discovery and delivery in the event that the non-conformity is obvious.
13.2 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the purpose for which goods of the same type are normally used; b) they comply with the description given by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) they show the quality and performance that are normal for goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or their agent or representative, in particular in advertising or labelling; d) are also suitable for the particular purpose intended by the consumer and which was brought to the seller's attention at the time of conclusion of the contract and which the seller has accepted, including by conclusive facts.
13.3 The Purchaser shall lose all rights if he/she does not report the lack of conformity to the seller within ten working days of the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it. The goods must be returned by the buyer to the seller in good condition within 10 working days of reporting the existence of the faults and defects.
13.4 In any case, unless proven otherwise, it is assumed that any lack of conformity that becomes apparent within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
13.5 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions set out below, the replacement of the goods purchased, a reduction in the purchase price or the termination of this contract - with a refund of the price within three working days - with regard to any request for replacement or repair, the supplier shall not be required to comply with such a request if the replacement or repair is "objectively impossible or excessively burdensome" pursuant to Article 130, paragraph 4, of the Consumer Code.
13.6 The request must be sent in writing, by registered letter with return receipt, or to the certified email address indicated in the header to the Supplier, who will indicate their willingness to comply with the request, or the reasons preventing them from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, it must indicate the methods of shipment or return of the goods as well as the expected deadline for the return or replacement of the defective goods.
13.7 In the same communication, if the Supplier has accepted the Purchaser's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Purchaser's responsibility to indicate the methods for crediting the sums previously paid to the Supplier.
14.1 The Purchaser undertakes to pay the price of the goods purchased within the time limits and in the manner specified in the Contract.
14.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract.
14.3 The information contained in this contract has already been reviewed and accepted by the Purchaser, who acknowledges this, as this step is mandatory before confirming the purchase.
See the "Right of Withdrawal" page.
16.1 The obligations referred to in point 14.1, assumed by the Purchaser, as well as the guarantee of successful completion of the payment made by the Purchaser using the means referred to in Article 7.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 8, are essential, so that by express agreement, the failure to fulfil even one of these obligations, unless due to unforeseeable circumstances or force majeure, shall result in the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a court ruling.
17.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree No. 196 of 30 June 2003, as per the General Provision of the Data Protection Authority of 19 June 2008.
17.2 Personal and fiscal data acquired directly and/or through third parties by the Supplier Catia Pistore, the data controller, are collected and processed in paper, computerised and telematic form, in relation to the methods of processing for the purpose of recording the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003) as per the General Provision of the Data Protection Authority of 24 May 2008.
17.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser as confidential and not to disclose it to unauthorised persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. Such data may only be disclosed at the request of the judicial authorities or other authorities authorised by law.
17.4 Personal data will be communicated, subject to the signing of a confidentiality agreement, only to persons delegated to carry out the activities necessary for the execution of the contract and communicated exclusively for this purpose.
17.5 The Purchaser enjoys the rights referred to in Article 7 of Legislative Decree 196/03, namely:
the right to obtain:
17.6 The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser's request cannot be processed.
17.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which it was collected or subsequently processed. Its removal will in any case be carried out in a secure manner.
17.8 The Supplier is the data controller responsible for the collection and processing of personal data, and the Purchaser may address any requests to the Supplier at its registered office.
17.9 Anything sent to the Centre's postal address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others and must contain valid information that is not harmful to the rights of others and is truthful. In any case, the Centre cannot be held responsible for the content of such messages.
18.1 Pursuant to Article 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that every order sent is stored in digital/paper form on the server/at the Supplier's premises in accordance with confidentiality and security criteria.
19.1 Written communications addressed to the Supplier and any complaints shall only be considered valid if sent to the following address: via Roma, 133 – 23855 Pescate (LC), or sent by e-mail to the following address: info@wakeupsf.com. The Purchaser shall indicate on the registration form their place of residence or domicile, telephone number or email address to which they wish the Supplier's communications to be sent.
All disputes arising from this contract shall be referred to the conciliation body before the Treviso Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same.
If the Parties intend to bring the matter before the ordinary courts, the place of jurisdiction shall be that of the consumer's place of residence or elected domicile, which is mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree No. 206/2005.
22.1 This contract is governed by Italian law. 22.2 For anything not expressly provided for herein, the provisions of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the 1980 Rome Convention. 22.3 Pursuant to Article 60 of Legislative Decree 206/05, reference is hereby expressly made to the provisions contained in Part III, Title III, Chapter I of Legislative Decree 206/05.
This contract repeals and replaces any previous agreement, understanding or negotiation, whether written or oral, between the parties concerning the subject matter of this contract.
I EXPRESSLY DECLARE THAT I ACCEPT THE ABOVE TERMS AND CONDITIONS.
