Sales terms and conditions

1) PREMISES

The premises contained in this contract are a formal and substantial part of the contract itself.

2) RIGHT OF WITHDRAWAL

The right of withdrawal is regulated by articles 55, second paragraph, 64 and following of Legislative Decree no. 206 of 06/09/2005 and subsequent amendments. The right of withdrawal applies to natural persons (consumers) who act for purposes that can be considered outside their commercial activity. Therefore, purchases made by resellers and companies are excluded from the right of withdrawal. Also excluded from the right of withdrawal under the consumer code are goods sold to individuals who have obtained customization of the same in the contract.
The consumer has the right to withdraw from the contract without any penalty and without specifying the reason within 14 working days from the receipt of the goods. This right consists of the possibility of returning the purchased goods to the manufacturing company and the consequent refund of the purchase price, intended as the net amount paid for the goods, excluding additional expenses such as packaging, labor, transportation, cash on delivery fees. In particular, the consumer who intends to exercise the right of withdrawal must send a specific communication to the central headquarters of the manufacturing company within 14 (fourteen) days from the date of receipt of the products. The notice of withdrawal must be sent by certified mail or registered mail with return receipt or by telegram, telex, fax confirmed by registered mail with return receipt to: Beauty Luxury s.r.l., Via Flaminia, 300 – 47924 Rimini (RN) Italy. The customer must also return the intact products to the manufacturing company at the address declared, within 14 (fourteen) days from the date of receipt of the same, together with the shipping note. The shipping costs will be charged to the customer. With regard to the civil right of withdrawal under art. 1373 of the Italian Civil Code, this must be done within 7 (seven) days from the date of delivery of the goods. Beauty Luxury s.r.l. will refund to the consumer the amounts already paid, excluding accessory expenses (packaging, labor, transportation, cash on delivery fees, various). The right of withdrawal will be approved only if the original packaging is not damaged and no label attesting to the integrity of the product has been removed or damaged. Make sure you have the following information ready: original invoice or accompanying document (indicating the order number, invoice number and customer code); in case of partial withdrawal, article code(s), serial number; bank details on which to receive the transfer (ABI Code – CAB Code – Account of the invoice holder). If the holder of the invoice subject to withdrawal does not have their own bank details, they can provide those of a third-party account, explicitly mentioning Beauty Luxury s.r.l. to credit the amount to such bank details by email/fax. Subsequently, following the methods specified above, it will be necessary to send, by registered mail, to the Customer Service of Beauty Luxury s.r.l., a written and signed declaration of the intention to exercise the right of withdrawal and a summary of all the information and data indicated and required (including any authorization to credit the amount to a bank account held by a third party).
How to return the goods: After obtaining the return authorization code from the operator, carefully pack the materials in order to protect the original packaging of the products from any damage, writing or affixing labels. The store/Company to contact is the one that supplied the goods as specified in the original invoice or accompanying document.
The consumer cannot exercise the right of withdrawal for the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are at risk of rapid deterioration or alteration.

3) LIMITATIONS OF LIABILITY

Beauty Luxury s.r.l. shall not be held responsible in any way for damages of any nature caused directly or indirectly by the purchased products, the inability or impossibility of use, or their use. The customer has been informed about the proper use of the product and has full knowledge thereof.

4) GENERAL INFORMATION

4.1) In these terms and conditions of sale, the following terms shall have the meanings described below: “Customer” means the person, company or any other organization commissioning products and/or services from the Company; “Company” means the manufacturing firm; “Contract” means all contracts for the purchase and sale of Products and/or Services entered into between the Company and the Customer resulting from an offer from the Company accepted by the Customer, or from an order from the Customer accepted by the Company, regardless of which comes first; “Products” means all products manufactured or supplied by the Company and which, by their nature, are capital goods, including, for example, tubs, shower enclosures and accessories or spare parts for such goods; “Services” means all service and consultancy services provided by the Company.
4.2) These terms and conditions shall be incorporated into every contract and replace any conditions set by the Customer. Unless otherwise agreed in writing, all transport costs, containers, packaging, insurance and other delivery-related costs are the responsibility of the Customer.

5) PRICES AND OFFERS

5.1) 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 itself. In any other case, prices are those in effect at the time. If not otherwise agreed in writing, all costs of transportation, container, packaging, insurance, and other costs will be calculated separately.
5.2) Before delivery to the Customer, the Company cannot modify the prices unless any price variations are necessary due to modification or additions requested by the Customer.
5.3) Free promotion. Upon signing the purchase contract, if not otherwise specified and only for non-private buyers (public institutions), the customer authorizes Beauty Luxury S.r.l. to publish information about its structure for free within the Beauty Luxury S.r.l. network, which includes its social media channels and websites. Photos and texts will be provided by the customer, or alternatively will be extracted from the official Company website or obtained from the web by reference to it. Later, the customer may request via email at [email protected] the removal from the portal, or the updating of the data present. This point is valid as a legally binding release, in order to proceed with the publication of the material itself, without further notices and communications between the parties, discharging the company Beauty Luxury S.r.l. from further obligations.

6) PAYMENTS

6.1) If not otherwise agreed in writing outside of this private agreement, payment for the Products must be made at the time of signing this contract, through a bank transfer made to the current account of the company Beauty Luxury s.r.l.
6.2) In case of delayed or partial payment, the Company reserves the right to suspend deliveries and/or extinguish any contractual obligations in progress.

7) MODIFICATIONS

7.1) The Company reserves the right, at any time and without notice, to make modifications to the Product specifications in order to improve their use.

8) DELIVERY

8.1) The buyer shall choose the carrier company. If no supply clause has been indicated or no other type of shipment has been arranged, direct collection of the goods from the warehouse of Beauty Luxury S.r.l. shall be considered. The Company assumes no responsibility for loss or damage to the Products once they have been delivered to the Customer, which shall be deemed to have occurred in the event of shipment upon delivery of the goods to the carrier company. Except where otherwise agreed in writing, the Company shall provide insurance coverage for the Products in favour of the buyer. Damaged goods cannot be returned without prior written authorization.
8.2) If, after receiving notice from the Company that the Products are ready for delivery, the customer fails to accept delivery of the Products within a reasonable period of time, the Company may sell or store them at the Customer’s expense to third parties.
8.3) The Company shall do everything necessary to avoid delays in delivery. However, failure to supply due to force majeure within the indicated time limits does not constitute sufficient grounds for cancellation of the order. The Company shall not be liable for any consequential damages or direct or indirect economic losses caused by delays in the delivery of Products due to force majeure.
8.4) The Customer shall inform the Company in writing within 5 (five) working days, by registered mail with return receipt, of incomplete deliveries, manufacturing defects or other defects, clearly identifiable with careful inspection and in any case in contradiction with the Company.
8.5) If, before shipment, the delivery of a product requires an export authorization or other type of authorization, the Company shall not be liable for any delays in the issuance or non-issuance of such authorization.
8.6) Delivery will be “curbside” unless otherwise agreed between the parties, which must be included in the private agreement and formally approved by both parties. The presence of adequate human handling is required for unloading and transport up to the location of installation of the Product. The goods are unloaded at the address indicated by the Customer (at the nearest point accessible by the carrier, in case of a difficult or hard-to-reach area for the carrier itself) with the aid of a hydraulic platform for unloading (IF NECESSARY), excluding transport to raised floors and any pre-assembly and assembly, unless other agreements have been previously made and formally described outside of this private agreement.
If the place of delivery of the goods, after verification by the courier, generates transport problems not covered by the shipping costs and/or the offer made, Beauty Luxury s.r.l. reserves the right to agree with the customer, before the shipment of the Product, a new ad-personam tariff for the specific case.
8.7) Delivery times from the day of receipt of the bank transfer payment: from 60 to 360 working days.

9) TREATMENT OF PERSONAL DATA

Personal data will never be transferred or distributed to third parties but used in compliance with the fundamental principles laid down by the GDPR Directive no. 679/2016 for the protection of personal data (https://www.beauty-luxury.com/en/privacy-cookies-policy/ is to be considered an integral part of this agreement).

10) WARRANTY

10.1) Products – The Company guarantees that its Items are in compliance with its specifications at the time of shipment. The Company assembles products and guarantees them against manufacturing defects for 24 months from the date of invoicing. Electrical and electronic components are included within the warranty. The Company also declares that the products comply with the directives issued by the European Community.
10.2) Services – The Company warrants that all described Services will be performed with due care and skill.
10.3) All other warranties, assurances, provisions, and terms, whether express, implied, or otherwise, including but not limited to warranties of quality, state, description, or fitness for purpose, are expressly excluded except for the implied warranty of title.
10.4) Warranty for BUSINESS / Warranty for RESELLERS / TRADERS and all those who benefit from “BUSINESS RESERVED” rates. All our B2B products are guaranteed for 12 months, equivalent to 1 (one) year. The warranty is limited ONLY to the sending of spare parts, and labor costs are borne by the Customer.

11) LIMITATION OF LIABILITY

11.1) The Company shall not be liable under any warranty for defects in Products caused by the following reasons: specific requests or materials provided by the Customer, ordinary wear and tear, intentional or negligent damage by the Buyer or its employees or delegates, abnormal conditions of use compared to the intended use, failure to comply with written and oral instructions provided by the Company, non-compliant use, transformation or repair of the Products without the Company’s consent, or failure to pay the full price of the Products.

12) INSOLVENCY

If the Customer is declared bankrupt or, as a company, enters liquidation (except due to reorganization or merger), the Company may immediately terminate the contract without notice, without prejudice to any other rights of the Company arising from this contract.

13) FORCE MAJEURE

13.1) The Company shall not be liable for any failure to perform its obligations if and to the extent that such performance is delayed or prevented by circumstances beyond the control of the Company, such as transportation strikes, work stoppages or labor disputes of any kind, whether related to its employees or those of others, fire, flood, explosion, natural disasters, military interventions, blockades, sabotage, revolutions, riots, civil unrest, wars or civil wars, compliance with the provisions of state, port or international authorities, customs, equipment failure, computer or other electronic system failure, and the inability to obtain equipment.

14) APPLICABLE LAW

The Contract is governed by Italian law and must be interpreted and understood accordingly. The parties agree to submit to the ordinary jurisdiction of the Italian courts.

15) EXCLUSIVE TERRITORIAL JURISDICTION

The parties agree that exclusive territorial jurisdiction for any dispute arising out of the interpretation and execution of this contract shall be conferred on the competent court of Rimini (RN) – Italy, to the exclusion of any other jurisdiction.

16)COMMUNICATIONS

In the event that the requested goods or services cannot be provided due to unavailability, even temporary, Beauty Luxury s.r.l. shall inform the purchaser within the aforementioned time frames and shall refund any sums already paid for the supply.

17) PAYMENT AND PENALTY

The payment for the order placed in favor of Beauty Luxury s.r.l. shall be made in accordance with the contractual terms and conditions of purchase. If the payment for the order is not made within the specified terms, this contract shall be considered terminated and the contracting party shall be required to pay a penalty of Euro 1,000.00 plus VAT to Beauty Luxury s.r.l.

18) RIGHT TO MODIFY WEBSITE DATA

All information provided on this website www.beauty-luxury.com should be considered indicative. Beauty Luxury s.r.l. reserves the right to modify the prices, features and equipment of the equipment without notice and at any time.

19) ADDITIONAL CUSTOMER OBLIGATIONS

19.1) Payment upon acceptance of the order shall be made within 3 (three) days from the signing of this contract.
19.2) Payment upon delivery notice must be made within 3 (three) days of the notification by email or telephone. In case of delay in payment, a penalty of € 5.00 + VAT shall be applied for each product subject to the contract per day from the third day after the delivery notice.
19.3) After 10 (ten) days from the communication of the delivery notice to the customer, Beauty Luxury s.r.l. reserves the right to resell the goods without any notice or other written communication to the customer and without reimbursement for any advances paid.
19.4) All products for which the balance has been paid by the customer must be collected by the latter within five (5) days from the date of availability indicated in the delivery notice, unless otherwise agreed between Beauty Luxury S.r.l. and the customer. If the customer has opted for the delivery service (specifically indicated in the contract), the product(s) will be shipped immediately by the assigned carrier from the date of availability indicated in the delivery notice. If the customer is unable to comply with the above terms—i.e., collect the goods within five (5) days from the date of availability in the warehouse or requests a delayed delivery—a storage fee will be applied, amounting to €5.00 + VAT per day for each product under contract (€10.00 + VAT per day for products in the Swim Spa and/or Bioclimatic Pergola categories).
19.5) The products ordered under this contract will be put into production only upon receipt of the agreed advance payment, receipt by this Company of the required documents (for individuals, tax code and valid identification document, for companies, VAT number and identification document of the legal representative), and the sum must be visible in currency on the bank account of this Company.

20) DECLARATION OF THE PARTIES

The parties declare that all clauses (1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20) of this agreement have been the subject of specific individual negotiation and that, as a result of said negotiation, they have been agreed upon and transcribed into this contract.