Sales terms and conditions
1) RIGHT OF WITHDRAWAL
The right of withdrawal is governed by the articles 552nd paragraph, 64 et seq. D.L. n. 206 of 06/09/2005 and subsequent modifications. The right of withdrawal applies to natural persons (consumers) who act for purposes that can be considered unrelated to their business. Therefore, purchases made by retailers and companies are excluded from the right of withdrawal. The consumer has the right to withdraw from the contract without any penalty and without specifying the reason within 14 working days from receipt of the goods. The consumer has the right to return the purchased goods to the manufacturer and to receive consequent reimbursement of the purchase price, meaning as such the net amount paid for the goods excluding additional charges such as packaging, labor, transport, marking charges. In particular, the consumer who intends to make use of the right of withdrawal must send a specific communication to the headquarters of the Producing Company within 14 (fourteen) days from the date of receipt of the products. The communication of the withdrawal must be sent by certified mail or registered letter with acknowledgment of receipt or by telegram, telex, fax confirmed by registered letter with acknowledgment of receipt to Beauty Luxury s.r.l., Via Flaminia, 300 – 47924 Rimini (RN) Italy. The customer must also return the products intact within 14 (fourteen) days from the date of receipt of the same together with the shipping bill. Shipping costs will be charged to the customer. Beauty Luxury s.r.l. shall reimburse to the consumer the sum already paid excluding ancillary costs (packaging, labor, transport, labeling fees, miscellaneous), within 14 (fourteen) days from the date of receipt of the communication of the withdrawal or from the date of receipt of the returned products. The right of withdrawal will be approved only if the original packaging wrappings have not been damaged and no label affecting the integrity of the product has been removed or damaged. Please make sure you have the following details: original invoice or accompanying document (indicating the order and invoice number and customer number); in case of partial withdrawal, article number(s), serial number; bank details on which to receive the bank transfer (ABI Code – CAB – Bank Account of the invoice). In the event that the holder of the invoice object of the exercise of withdrawal did not have its own bank account, he/she will be able to provide those of an account held by a third party giving Beauty Luxury s.r.l. the authorization to credit the amount on these bank details by mail / fax. Subsequently, it will be necessary to send the registered letter to the Customer Service of Beauty Luxury srl, following the procedures specified above and including a written and signed declaration of the will to exercise the right of withdrawal and a summary of all the above and requested data (also included any authorization to credit the amount to a bank account held by a third party). How to send the goods back: After obtaining the authorization code when returning from the operator, carefully pack the materials in order to protect the original wrapping of the products from any damage, writing or affixing labels. The shop/company to contact is the one that provided the goods as specified in the original invoice or in the accompanying document. The consumer can not exercise the right of withdrawal for the supply of measure-made or personalized goods or goods which, by their nature, can not be returned or are liable to deteriorate or expire rapidly.
2) LIABILITY LIMITS
The Company Beauty Luxury s.r.l. can not be held in any way responsible for damage of any kind caused directly or indirectly by the products purchased, by the inability or impossibility of use or by the use itself.
3) GENERAL INFORMATION
3.1) In the present document the following terms have the meaning described below: the Customer is the person, the company or any other organization that commissions the products and / or services to the Company; the Company is the manufacturer; the Contract are all contracts for the purchase and sale of the Products and / or Services stipulated between the Company and the Customer, arising from an offer of the Company accepted by the Customer, or from a Customer order accepted by the Company, regardless of which came first; Products are all products manufactured or supplied by the Company and which, by their nature, are capital values including, for example, tubs, shower cubicles and accessories or spare parts for such goods; the Services are all services and consultancy services provided by the Company. 3.2) These conditions must be integrated into each contract and replace any conditions imposed by the customer. Unless otherwise agreed in writing, all transport costs, containers, packaging, insurance and other costs related to delivery are charged to the customer.
4) PRICES AND OFFERS
4.1) The price of the Products and / or Services is the price of the offer proposed by the Company. All offers presented by the Company for the supply of Products and / or Services will remain open for acceptance for the period indicated on the offer. In any other case, prices are those valid at the time of purchase. Unless otherwise agreed in writing, all transport costs, containers, packing, insurance and other costs will be charged separately. 4.2) Prior to delivery to the Customer, the Company can not change the prices except in the event that price changes are necessary due to requests for changes or additions by the Customer. 4.3) Upon signing the purchase contract, unless otherwise specified and only for non-private buyers (public facilities), the customer authorizes Beauty Luxury S.r.l. to publish free information on the facility on the website https://my.beauty-luxury.com. Photos and texts will be provided by the client, or alternatively they will be extracted from the official company website or found on the web. Afterwards the customer can request the removal from the website with an email to [email protected], or the updating of the data. This point applies as a lawful disclaimer, in order to proceed with the publication of the material itself, without other notices and communications between the parties, acquitting the company Beauty Luxury S.r.l. from further obligations.
5.1) Unless otherwise agreed in writing form, the payment of the Products must take place at the time of signing this contract, by bank transfer to the bank account of Beauty Luxury s.r.l. 5.2) In case of delayed payment the Company reserves the right to suspend deliveries and / or extinguish any existing contractual obligations.
6.1) The Company reserves the right, at any time and without notice, to make changes to the specifications of the Products in order to improve their use.
7.1) The purchaser will select the courier company. If no supply clause is expressed or another type of shipment has not been arranged, the direct collection of the goods at Beauty Luxury Srl warehouse is considered valid. The Company assumes no responsibility for loss or damage to the Products once delivered (upon delivery of the goods to the carrier), except in the case where, if not otherwise agreed in writing, the Company provides insurance coverage of the Products in favor of the purchaser. The damaged goods can not be returned without prior authorization. 7.2) If, after having received from the Company the communication that the Products are ready for delivery, the customer does not accept delivery of the Products within a reasonable period of time, the Company may sell them or store them at the Customer’s expense. 7.3) The Company will do everything necessary to avoid delays in delivery. The non-delivery due to force majeure events, within the terms indicated, does not represent a sufficient reason for the cancellation of the order. The Company is not responsible for any consequential damages or direct/indirect economic losses caused by delays in delivery of the Products due to force majeure. 7.4) The Customer must inform the Company of incomplete deliveries, manufacturing defects or other defects (clearly identifiable with an accurate control) within 5 (five) working days, only in writing, by sending a registered letter with acknowledgment of receipt. 7.5) If, before shipment, the delivery of a product requires an export or other authorization, the Company will not be responsible for any delay in the issue or failure to issue such authorization. 7.6) The delivery will be curbside, unless otherwise agreed between the parties and included in the private writing and approved by both. It requires the presence of human porterage appropriate to the needs of the discharge and transport up to the place of assembly and installation of the Product. The goods are unloaded at the address indicated by the Customer (at the nearest point reachable by the carrier, in case of remote areas) with the aid of hydraulic tailgate for discharge, where necessary, excluding transport on floors and any pre-assembly and assembly, unless otherwise agreed outside these terms. If the place of delivery of the goods, after verification by the courier, causes transport problems not foreseen by the shipping costs and offer, Beauty Luxury s.r.l. reserves the right to agree a new delivery fee with the customer, before shipping the Product. 7.7) Delivery times as scheduled from the day of payment: from 60 to 360 working days upon receiving the bank transfer.
8) TREATMENT OF PERSONAL DATA
Personal data will never be sold or distributed to third parties; they will be used in compliance with the fundamental principles, dictated by the GDPR directive n.679 / 2016 for the protection of personal data (https://www.beauty-luxury.com/en/privacy-cookies-policy/ must be considered in all respects an integral part of this deed).
9.1) Products – The Company guarantees that at the time of shipment, its Articles are in compliance with their specifications. The manufacturing company guarantees its products against manufacturing defects, for 24 months starting from the invoicing date. The electric and electronic components are included in the warranty. The Company also declares that its products are compliant with the directives issued by the European Community. 9.2) Services – The Company guarantees that all the Services described are provided with the necessary care and expertise. 9.3) We hereby expressly exclude all other warranties, assurances, provisions and conditions of legal, express, tacit or other nature related to quality, status, description or suitability, with the exception of the tacit warranty of rights Property. 9.4) Warranty for businesses, retailers and all those who benefit from our “reserved for business” rates. All our products sold B2B are guaranteed for 12 months, equal to years 1 (one) The guarantee is limited ONLY to the spare parts, while the labor is charged to the customer.
10) LIMITATION OF LIABILITY
10.1) The Company is not subject to any warranty liability regarding defects of the Products due to the following causes: specifications or materials provided by the Customer, ordinary wear, intentional damage or negligence on the part of the Purchaser or his employees or delegates, use non compliant with the intended use, failure to comply with written or oral instructions given by the Company, improper use, transformation or repair of the Products without the Company’s consent, or failure to pay the full price of the Products.
If the Customer is declared bankrupt or is put into liquidation (except due to a reorganization or merger), the Company may terminate the contract immediately without notice – without prejudice to other Company rights arising from this contract.
12) CAUSES OF FORCE MAJEURE
12.1) The Company is not obliged to answer for the non-fulfillment of its obligations if such fulfillment is delayed, or prevented by circumstances beyond the control of the Company such as, for example, a transport strike, labor unrest of any kind – whether connected to its employees or to the employees of others – fires, floods, explosions, natural disasters, military interventions, blocks, sabotages, revolutions, riots, civil unrest, wars or civil wars, observance of state, port or international authorities, customs, equipment failure, computer failure or other computer or electronic systems and the inability to find equipment.
13) APPLICABLE LAW
The Contract is subject to Italian law and in this sense must be interpreted and understood. The parties undertake to submit to the ordinary jurisprudence of the Italian courts.
14) EXCLUSIVE TERRITORIAL COMPETENCE
For the exclusive territorial jurisdiction for any controversy concerning the present contract, the parties consider competent the court of the Court of Rimini (RN) – Italy.
In case of non-execution of the order due to unavailability, even momentary, of the good or service requested, Beauty Luxury s.r.l. will inform the purchaser within the terms set out above and provide for the reimbursement of any sums already paid for the payment of the supply.
16) BALANCE AND PENALTY
The balance for the order placed must be completed in the terms and conditions of purchase. In the event that the balance of the order is not carried out within the stipulated deadline, this contract will be considered terminated and the contractor will have to pay a penalty of Euro 1,000.00 plus VAT to Beauty Luxury s.r.l.
17) RIGHT TO MODIFY DATA ON THE WEBSITE
All data provided on this website www.beauty-luxury.com are to be considered indicative. Beauty Luxury s.r.l. reserves the right to change the prices, features and equipment of the equipment without notice and at any time.
18) THE PARTIES DECLARE
The parties declare that all the clauses (1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18) of this agreement have been subject to specific individual negotiation and that the outcome of this negotiation has been agreed and transcribed in this contract.
* Payment for the order must take place no later than 3 (three) days from the signing of this contract. ** Payment upon delivery notice must be made no later than 3 (three) days from communication by mail or telephone. In case of delay in payment, an amount of € 5.00 + VAT will be applied for each product covered by the contract per day, starting from the third day of the delivery notice. *** After 10 (ten) days from the delivery notice, Beauty Luxury s.r.l. reserves the right to resell the goods without prior notice and / or other written communication without refunding any advances paid. **** All products (fully paid by the client) must be shipped and/or picked up within 10 (ten) days from the date reported on the goods readiness delivery notice, unless a different agreement between Beauty Luxury S.r.l. and the client was made. If this is not the case, an extra cost of 5.00€ + vat (10.00€ + vat for swim spas) will be daily applied for each product on the contract for storage/warehousing cost. ***** The products ordered through this contract will be put into production only upon receipt of the agreed sum as an advance, of the required documents (for individuals tax code and valid ID, for companies VAT number and ID of the legal representative); the sum must be visible in the bank account of this company.