Sales conditions

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  1. SALES TERMS AND CONDITIONS

1.1 What these terms contain. These are the terms and conditions under which we sell our products.

1.2 Why do you have to read them. Please read these terms carefully before placing an order. These terms describe who we are, how we will provide you with the products, how you and we can modify or terminate the contract, what to do if there is a problem and provide other important information. If you refuse to accept these terms, you will not be able to order any products from https://www.labellalavanderinashop.it (the “Web site”). If you believe there is an error in these terms, please contact us.

Pay particular attention to the sections concerning your right to terminate the contract (clauses 8 and 9 ) and our liability in the event of loss or damage suffered by you (clause 13).

1.4 When these terms enter into force. These terms are effective from 01 January 2018.

1.5 By accepting these terms, you represent and warrant that the purchase of products on the Site is not for the purposes of professional activity, but strictly for private use.

  1. ABOUT US AND HOW TO CONTACT US

2.1 Who we are. PULITO DA FAVOLA SRL with registered office at via Zara, 9 – 24058 Romano di Lombardia (BG), VAT number and C.F. 04396040166.

2.2 How to contact us. To get in touch with us, please see the Customer Care section of the Website, where you will find our contact information.

2.3 How we can contact you. If we need to get in touch with you, we will do so by phone or in writing at the e-mail address or postal address you have provided in your order.

2.4 “In writing” includes emails. When we use the words “in writing” or “written” in these terms, this includes emails.

2.5 Pre-contractual information.Pursuant to article 49 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the Customer declares that he has read the characteristics of the products available on the Site before the conclusion of the purchase contract. In addition, before the validation of the payment data and before the conclusion of the purchase order, the Customer declares to be informed about:

  • the total price of the goods or services including taxes and, where applicable, all additional shipping charges and any other costs
  • the method of payment
  • the methods and delivery times
  • le condizioni, i termini e le procedure per esercitare il diritto di recesso (articolo 8 delle presenti Condizioni), nonché il modulo tipo di recesso presente nell’appendice;
  • the conditions, terms and procedures for exercising the right of withdrawal (Article 8 of these Conditions), as well as the model withdrawal form in the Appendix;
  • the existence of the legal guarantee on the purchased products
  • after-sales service offered by our Customer Care

You can consult at any time and in any case before the conclusion of the purchase contract, the information on company name, geographical address, telephone number and email that you will find in the contacts section of the website.

In the order confirmation email you will receive the link to access and save a copy of these terms, as required by Article 52 of Legislative Decree no. 206 of 6 September 2005 and amended by Legislative Decree no. 21 of 21 February 2014.

  1. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we send you an e-mail for acceptance, at which time a contract will begin to exist between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will notify you and will not charge you the amount. This could happen because the product is out of stock, due to unforeseen stock limits that we could not plan properly, because we have identified an error in the price or description of the product or because we are unable to meet a delivery date that you have indicated.

3.3 Your order number. We will assign you an order number to allow you to monitor the progress of your order. By entering your order number in the “My Account” section of the Website, you will be able to verify all information regarding your order. Whenever you contact us about your order, please help us by providing your order number.

  1. OUR PRODUCTS

4.1 Products may vary slightly from the images that depict them. Product images on the Website are for illustrative purposes only. Although we have done everything possible to accurately reproduce the colours, we cannot guarantee that colours that perfectly reflect the colours of the products will be displayed on the screen of a device. Your product may vary slightly from such images.

4.2 Product packaging may vary The packaging of the product may vary from that shown in the images on the Website.

  1. YOUR RIGHT TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If possible, we will notify you of any changes in the price of the product, the timing of delivery or anything else that may be necessary as a result of your request for change and will ask you to confirm if you wish to continue with the change.

  1. OUR RIGHT TO MAKE CHANGES TO PRODUCTS

6.1 Changes to products. We may modify the product:

6.1.1 to reflect changes in relevant legislative or regulatory requirements; and

6.1.2 to implement minor adjustments and technical improvements. These changes will not affect your use of the product.

  1. SUPPLY OF THE PRODUCTS

7.1 Delivery costs. Delivery charges will be applied to your order. The delivery costs will be those indicated on the Website. Any delivery charges will be added to the price of your order before you have paid us. Please see the shipping and delivery section on the Website for more information.

7.2 When we will supply the products. We will deliver the products to you as soon as reasonably possible and in any case within 30 days from the date we sent you the order confirmation email “unless a longer period of time has been agreed with you”.

7.3 We are not responsible for delays beyond our control (Force Majeure). If our delivery of products is delayed by any event outside our control, we will contact you as soon as possible to let you know and we will take the necessary steps to minimize the effect of the delay. Notwithstanding the foregoing, we will not be liable for delays caused by the event. With “event outside our control” means any action or event beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial actions by third parties, civil insurrection, revolt, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, hurricane, flood, earthquake, subsidence, epidemic or other natural disaster, or lack of public or private telecommunications networks or inability to use rail, sea, air, land or other public or private transport.

7.4 When you become responsible for the product. Delivery will be completed when we deliver the products to the address you have provided. The product will be your responsibility from the moment we deliver the product to the address you have provided.

7.5 When you own the products. Subject to our acceptance of your order in accordance with clause 3.1, you are the owner of a product from the moment we received the final payment.

7.6 Staggered shipments. Accept that we can deliver the products by staggered shipments.

7.7 What will happen if you do not provide us with the requested information. We may need some information from you so that we can provide you with the products. In this case, this will be indicated in the product description on the Website. If necessary, we will contact you to ask for such information. If you do not provide us with this information within a reasonable timeframe of when we have requested it, or provided us with incomplete or incorrect information, we may terminate the contract (and clause 10.2 will apply). We will not be responsible for the late delivery of the products or for the non-delivery of any part of them if this is due to your failure to communicate the information we need within a reasonable time than when you received the we asked.

7.8 Reasons why we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.8.1 manage technical problems or make minor technical changes;

7.8.2 to update the product to reflect changes in legislative and regulatory requirements; or

7.8.3 make changes to the product as requested by you or as communicated by us (see clause 5).

7.9 Your rights if we suspend the delivery of products. We will contact you in advance to inform you that we will suspend delivery of the product, unless the problem is urgent or it is an emergency. You may contact us to terminate the contract for a product if we suspend it, or we may inform you that we are about to suspend it and refund you any amount you have paid in advance for the product, in the period following your termination of the contract.

  1. YOUR RIGHT TO TERMINATE THE CONTRACT

8.1 Cases in which you can terminate your contract with us and what are our obligations if you decide to terminate the contract:

8.1.1 f what you have purchased is defective or misdescribed, you may have the legal right to terminate the contract (obtain repair or replacement of the product), see clause 11 ;

8.1.2 If you wish to terminate the contract because of something we have done or have told you we are about to do (see clause 8.2);

8.1.3 If you wish to terminate the contract because we do not deliver, see clause 8.3;

8.1.4 If you have simply changed your mind about the product, see clause 9.5. You will be able to get a refund if you are within the withdrawal period, but this may be subject to deductions and you will have to pay the cost of returning any product;

8.2 Give termination of the contract. If you terminate a contract for a reason specified in clauses 8.2.1 to 8.2.5 below, the contract will be terminated immediately and we will fully refund you for any product that has not been supplied. The reasons are:

8.2.1 we have informed you of an imminent change to the product or these terms that you do not intend to accept (see clauses 5 and 15);

8.2.2 we have informed you of an error in the price or description of the product you have ordered and do not wish to continue;

8.2.3 there is the possibility that the supply of products may be significantly delayed due to events outside our control;

8.2.4 we have suspended the supply of the products for technical reasons, or have informed you that we are about to suspend it for technical reasons; or

8.2.5 you have the legal right to terminate the contract for another serious breach of our contract.

8.3 Your choice if we do not deliver:

8.3.1If we do not deliver within the normal terms, without indication of a possible date in case of protracted delay, you have the right to terminate the contract

8.3.2 Definition of possible new delivery date. The date of the new delivery will take into account the contingent situation, linked to the loading of orders and the organizational needs within the company.

8.3.3 Give termination of the contract for late delivery. If you choose to terminate the contract for delayed delivery pursuant to clause 8.3.1, you may cancel your order for any product or cancel your order for some of those products (not all of them)unless their value can be significantly reduced by splitting them. After that, we will refund any amount you paid us for the cancelled products. If the products have been delivered to you, you must return them.

8.4 Exercise your right to change your mind without any reason. For most products purchased online, except as provided in paragraph 8.5, you have the legal right to change your mind within 14 days after the delivery date and receive a refund.

8.5 When you have no right to change your mind. You have no right to change your mind about:

8.5.1 customized or clearly customized packaged products;

8.5.2 products sealed for health or hygiene purposes, in the event that the seal has been broken after you have received them; and

8.5.3 any product which, after delivery, is, by its nature, inseparably mixed with other goods.

8.6 How long do I have to change my mind? How long you have depends on what you ordered and how it is delivered, as indicated under clauses 8.6.1 and 8.6.2. In order to respect the cancellation deadline, it is sufficient that you send us your communication regarding the exercise by you of the cancellation right before the cancellation period has expired.

8.6.1 If you purchase products that will be delivered in a single delivery, you have 14 days from the date on which you (or someone you specify) receive the products at the delivery address on your order.

8.6.2 If your products are divided into several deliveries in different days, you have up to 14 days from the date on which you (or someone you have indicated) receive the last delivery at the delivery address on your order, to change your mind about the products.

  1. HOW TO TERMINATE THE CONTRACT WITH US (INCLUDING THE CASE OF REPENTANCE)

9.1 Inform us that you wish to terminate the contract. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear communication (for example, a letter sent by post or e-mail). You must exercise your right of cancellation by contacting us at the telephone number or by filling in the form available in the Customer Support section of the Website. You can use the cancellation form in the Appendix, but it is not mandatory. If you make use of this option, we will shortly send you a notification of receipt of such cancellation on a durable medium (for example, by e-mail).

9.2 Return the products after termination of the contract. If you terminate the contract for any reason after the products have been delivered to you or have received them, you must return them by post. Please call Customer Service using the contact information specified in the Customer Care section of the Website to arrange the return of products. If you exercise your right to change your mind, you must return the products within 14 days after you have informed us of your intention to terminate the contract.

9.3 When we pay the return costs. We will pay the return costs:

9.3.1 if the products are defective or poorly described; or

9.3.2 if you have terminated the contract because we have notified you of an imminent modification of the product or these terms, an error in the price or description, a delay in delivery due to events beyond our control or other serious non-compliance.

In all other circumstances you have to pay the return costs.

9.4 How we will refund you. We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as indicated above

9.5 Deductions from refunds. If you exercise your right to change your mind:

9.5.1 We may reduce your price refund (excluding delivery charges) in proportion to any reduction in the value of the product, if this has been caused by its manipulation by you in a way that would not be permitted in a store. If we refund you the price paid before you are able to inspect the products and subsequently discover that you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2 The maximum refund for delivery costs will be the least expensive delivery method that we offer. For example, if we offer to deliver a product within 3-5 days at a certain cost, but you choose to have the product delivered to you within 24 hours at a higher cost, we will refund only what you would have paid for the cheaper delivery option.

9.6 When your refund will be made. We will make any refund to you due as soon as possible. If you exercise your right to change your mind, your refund will be made within 14 days from the date we receive your returned product or, if earlier, from the date you provide proof that you have returned the product.

  1. OUR RIGHT TO TERMINATE THE CONTRACT

10.1 We may terminate the contract if you are in default. We may terminate the contract for a product at any time by notifying you in writing if:

10.1.1 You do not, within a reasonable time from our request, provide us with the information that we need to provide the products, for example, information for delivery; or

10.1.2 you do not allow us, within a reasonable period of time, to deliver the products to you.

10.2 You must compensate us for any breach of contract. If we terminate the contract in the situations specified in clause 10.1 we will refund you any amount of money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs that we will incur as a result of your breach of contract.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to notify us of any problems. If you have any questions or complaints about the product, please contact us by phone or by using the contact form available on the Customer Support page of the Website.

11.2 SUMMARY OF YOUR LEGAL RIGHTS. We have a legal duty to supply products in accordance with the contract. Nothing contained in these terms will affect your legal rights and/or remedies.

In the event of a lack of conformity, the Customer has the right to restore, at no cost, the conformity of the goods by repair or replacement, or an appropriate reduction of the price or termination of the contract. The guarantee of conformity has a duration of two years from the date of delivery of the good. The lack of conformity must be reported within two months of the date on which the Customer discovered the defect.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must return them to us. You are responsible for postage. Please see the Customer Care section of the Website for the applicable contact details.

  1. PRICE AND PAYMENT

12.1 Where to find the price of the product. The price of the product (including VAT) will be the price indicated on the order pages when you placed your order with us. We take all reasonable care to ensure that the price of the product communicated to you is correct. However, please see clause 12.3 regarding what happens if we find an error in the price of the product you order. The sales price of the products does not include shipping costs, which will be indicated separately before the conclusion of the contract. The seller reserves the right to change the selling price of the products at any time. The purchase price invoiced to the Customer is the selling price available on the Site at the time of conclusion of the purchase contract.

12.2 We will apply changes to the VAT rate. The price of a product is VAT included (where applicable) at the current rate applicable and chargeable in Italy at that time. If the rate of VAT changes between the date of your order and the date we provide the product, we will adjust the rate of VAT paid by you, unless you have already paid the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we have shown the wrong price. It is always possible that, despite all our efforts, some of the products we sell may be priced incorrectly. As a rule, we will check the prices before accepting your order, so if the correct price of the product on the date of your order is lower than the price we indicated on the date of your order, we will charge the lower amount. If the correct price of the product on the date of your order is higher than the price stated on the Website, we will contact you for instructions from you before accepting your order.

12.4 When you must pay and how you must pay.

12.4.1 Payment for all products must be made using the payment methods available through our Website. You must pay for the products before they are shipped by us or at the time of delivery if you choose the COD method.

12.4.2 We will charge your credit or debit card as soon as you confirm your payment on the Website.

12.4.3 If payment is made via PayPal, the Web session will be redirected to the PayPal website at the time your orders are placed, where you will be able to complete payment of the price and delivery charges using your personal account on PayPal and in accordance with the conditions of use of the PayPal service

12.4.4 Our acceptance of any payment you make in respect of any product does not constitute our acceptance of your order and does not constitute the conclusion of a legally binding contract in accordance with clause 3.1.

12.4.5 If you buy with Scalapay you receive your order immediately and pay in 3 installments. Take note that the instalments will be sold to Increment SPV S.r.l., to related parties and their assignees, and that authorizes such assignment.

  1. Our liability for loss or damage suffered by you

13.1 We are liable to you for any loss or damage we may foresee. Should we be in breach of these conditions, we shall be liable for any loss or damage you have suffered that is a foreseeable consequence of our breach of contract or our failure to exercise due care and expertise, but we will not be liable for any loss or damage that is not foreseeable. Losses or damages are predictable if it is obvious that this could happen or if, at the time the contract was concluded, both we and you knew that it could happen, for example, if you talked to us about it during the sale procedure.

13.2 We are not responsible for commercial losses. We only supply the products for private and domestic use, unless otherwise agreed with you prior to the conclusion of the contract. If you use the products for other purposes, we will have no liability to you for any loss of earnings, loss of business, business interruption or loss of business opportunities.

13.3 We do not exclude our liability for any event in respect of which it is not permitted by law to limit or exclude, or seek to limit or exclude, our liability: We do not exclude or limit in any way our liability for:

13.3.1 death or personal injury caused by our negligence;

13.3.2 fraud or fraudulent misrepresentation; or

13.3.3 any circumstances in which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We only use your personal information in accordance with our Privacy Policy. For more details, please consult it. Please take the time to read it, as it contains important terms that apply to you.

  1. Our right to change these terms

15.1 We change these terms from time to time. Please see Section 1.4 to find out when these terms apply.

15.2 Each time you order products from us, the terms in force at the time of your order will apply to the contract between you and us.

15.3 We may revise these terms as applicable to your order from time to time to reflect the following circumstances:

15.3.1 changes to the relevant legislative and regulatory requirements; and

15.3.2 changes to our processes and procedures.

15.4 If we need to make a review of these terms, as applicable to your order, we will contact you to inform you reasonably in advance of the planned changes and let you know how to cancel the contract if you are not happy with the changes. You can cancel all the products concerned, or only the products you have yet to receive. If you choose to cancel, you will have to return (at our expense) any affected products that you have already received and we will refund the full price you paid.

  1. OTHER IMPORTANT TERMS

16.1 We may assign this Agreement to someone else. We may assign our rights and obligations under these terms to another party, but this will not affect your rights or obligations under these terms.

16.2 You need our consent to assign your rights to someone else. You may only assign your rights or obligations under these terms to another person if we give you our written consent.

16.3 No one else has any rights under this contract. The contract is between you and us. No other person shall have any right to enforce the contract between us.

16.4 If a court finds that part of this contract is unlawful, the rest will continue to apply. Each of the paragraphs of these terms acts separately. Should any court or competent authority decide that any of the above is unlawful, the remaining paragraphs shall remain in full force and validity.

16.5 Even if we are late in enforcing this contract, we can still enforce it later. If we do not immediately insist that you do anything you are required to do under these terms, or if we are late in taking action against you in relation to your breach of contract, This will not mean that you do not have to do such things and will not prevent us from taking measures against you at a later date.

16.6 Which laws are applicable to this contract and where you may engage in legal proceedings. These terms are governed by Italian law and in particular by Legislative Decree of 6 settembre 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and Legislative Decree of 9 aprile 2003 n. 70 on certain aspects of electronic commerce. The jurisdiction for any dispute relating to the purchase of the Products and the use of the Site, will always be the one where the Customer has his residence or his domicile, if this court is located in the Italian territory.

Out-of-dispute settlement procedure: At European level, the European Commission provides an online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/.

APPENDIX
Model of the Cancellation Form

(Please complete and return the following form only if you wish to withdraw from the contract)

Spett. PULITO DA FAVOLA Srl, via zara, 9 – 24058 Romano di Lombardia (BG), Italy

I/We undersigned/i [……. ] through the present I inform you that
I/We signed/i [……. ] cancel my/our [……. ] contract of sale of the following goods [……. ]/for the provision of the following service […. …],

Ordered on date [……. ]/received on date […… … ],

Name of/i consumer/s,

Address of/i consumer/s,

Signature/e of consumer/s
(only if this form is sent in paper form) ,

Date

[*] Strike out as appropriate

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