TERMS AND CONDITIONS
SOCIETY NAME: Portomeo Laura
REGISTERED OFFICE: Via delle Forze Armate, 40
PHONE: 02 21118172
VAT NUMBER: IT 07931141217
TAX CODE: PRTLRA86P43F839K
In these Terms and Conditions the following definitions apply, provided that all words denoting the singular number only shall include the plural number and vice versa.
Customer: means any party (physical or corporate individual) that purchases one or more products or services through the Online Store, accepting the General Conditions.
Parties: means Lace Beauty and the Customers collectively.
Terms and Conditions: means the present General Conditions of Purchase and any future new versions that may be published in the Online Store by Lace Beauty.
Online store: means the virtual store, managed by Laura Portomeo and accessible through the url www.lacebeauty.it where the Customer can purchase the Products/Services.
Contracts: means the contracts of sale for the products stipulated between lacebeauty.it and the Customers through the On-Line Shop.
Orders: means the purchase orders of the Products and/or the provision of the Service sent by the Customers, in accordance with these General Conditions of Sale.
Price: means the sale price of the Product/s and/or the provision of the Service as specified in the On-Line Store with reference to each Product.
Consumer: as defined in art. 3 D. Lgs. n. 206/2005 (Consumer Code) is the physical person who makes the purchase for purposes other than conducting commercial, professional, or corporate business.
Services: means any information and services provided through or via the Site.
Products: means any products offered for sale on the Site.
Shipping costs: means the amount due for the delivery of the product.
1.1 The General Terms and Conditions govern all the Contracts concluded between the parties and form an integral part thereof.
1.2 The General Terms and Conditions of this contract may be modified at any time also in consideration of possible normative changes. The new Terms and Conditions will be effective from the date of publication on the Online Store.
- SALE PRICES
2.1 Unless otherwise stated in writing, all prices of the Products, shipping and delivery costs indicated on the site and in the Order are to be considered expressed in Euro and inclusive of taxes in accordance with current legislation. Prices are always and only valid as indicated by the product description on the Site at the time the order is submitted to the Seller. The Prices of the Products, and shipping and delivery costs can be subject to changes in any moment and without prior notice. Please always double check the final selling price before submitting the relative order.
2.2 The Products are shipped directly from Italy and the prices, unless otherwise specified, are not to be considered inclusive of any costs related to taxes and customs duties, not calculated in advance, if the shipment takes place in countries outside the EU or in countries where the current legislation requires additional import charges.
- CART3.1 The cart allows you to immediately verify the added products, with their unit cost sales tax included. You’re able to modify quantities of each chosen product and remove from the cart one or more products you no longer intend to buy. A series of buttons allows to:
*update the cart erasing items and updating quantities;
*remove single Products/Services from the cart;
*go back to the homepage.
3.2 Once you have filled your shopping cart with the desired products, you can proceed with the purchase and select the preferred payment method.
- CONCLUSION OF THE CONTRACT
The contract will be finalized through the following stages:
4.1 By submitting the Order, the Customer will send Lace Beauty a proposal to purchase the selected product or products.
4.2 The Contracts are deemed fully concluded between the Parties by the time the Customers receive the Order Confirmation with the assigned order number. The Order Confirmation contains a summary of the Terms and Conditions, the information on withdrawal, information on the essential characteristics of the product and the detailed indication of the price, the payment method and the delivery costs with an indication of the delivery time.
4.3 By submitting the Orders, the Customers consequently declare to have read all the instructions regarding the purchase method of the product and have accepted the General Terms and Conditions in full as well as having read all the additional information contained on Online Store, also accessible through the links.
4.4 Lace Beauty reserves the right to decline Orders when there are not sufficient solvency guarantees or that are incomplete or incorrect, namely in case of product unavailability.
4.5 It is understood that the image accompanying the detailed product description may not be perfectly representative of its characteristics but differ in color, sizes, accessories present in the picture. The presentation of each product contained in the site is merely provided as example and does not constitute proof or guarantee of the actual characteristics and performance of the goods available for purchase.
4.6 The parties, at all stages of the development and conclusion of the contract, must behave in accordance with the general principles of fairness and good faith established by art. 1175, 1337 and 1375 of the Civil Code.
- PAYMENT METHODS
Lace Beauty accepts the following payment methods:
5.1 PAYPAL. For on-line payments, we at Lace Beauty, avail ourselves of the PAYPAL system. Once this payment method has been chosen, the Customer will be directed to the secure Paypal server, thereby agreeing to Paypal terms and conditions. Under no circumstances Lace Beauty shall be held responsible for any damage caused to the Customer by the use of the services offered by Paypal.
5.2 Credit Card. Lace Beauty accepts payments on the Visa and MasterCard payment circuits through the Stripe system.
5.3 Advance Bank Transfer. In the order summary email under “payment method” the Customer will find the bank details necessary to fulfill the transfer. The purpose of transfer must indicate the order number and the date of the order. Please note Lace Beauty reserves the right to cancel any orders by bank transfer without the actual crediting of the amount due. The execution of the contract consisting in the delivery of the Products or the provision of the Services will take place only after the amount due has been credited to the given bank account.
6.1 The Products are delivered to the address indicated by the Customer at the time of order.
6.2 Customers, or other persons appointed by the Customers who are present at said address at the time of delivery of the Products as listed in the Order Confirmation, are required to verify, at the time of delivery, that the package/packaging of the Products is intact, undamaged or otherwise altered.
6.3 Any damage to the package/packaging of the Products must be immediately contested by the Customers to the carrier who makes the delivery by signing the delivery note stating ”the right to check the integrity of the products”.
6.4 In the event that the carrier has been chosen by the Customer outside of those proposed by the Supplier at the time of purchase, the risk of damage and deterioration of the Products is transferred to the Customer at the time the package is handled to the chosen carrier, thereby precluding any dispute concerning the external conditions of what has been delivered. In this last case, any dispute must be raised directly by the Customer against the carrier.
- LEGAL GUARANTEE OF CONFORMITY
All marketed products are covered by the legal guarantee of conformity provided by articles 128 and ss. of the Consumer Code that covers any conformity defects of the purchased items, existing at the time of delivery and that occur within 2 years of delivery. Any defects or damages caused by accidental events or by the Customer’s responsibility for uses of the products that do not conform to the intended use or effect of ordinary wear and tear, are not considered conformity defects and are therefore excluded from the legal warranty. In order to qualify for this guarantee, the customer must report the conformity defects within two months of discovery, under penalty of forfeiture with a note addressed to the headquarters of Lace Beauty, fully indicating the defects and faults found.
The Customer may, at his discretion, request the seller to mend the goods or replace them, in both cases free of charge, unless the requested remedy is objectively impossible or excessively expensive compared to the value of the goods. The Customer may request, at his discretion, a fair price reduction or the termination of the contract where: repair and replacement are impossible or excessively expensive; the seller has not provided for the repair or replacement of the goods within the appropriate period as provided for by paragraph 5 Art. 130 Consumer Code; the replacement or mending previously carried out has caused considerable inconvenience to the consumer.
- SHIPPING COSTS
The shipping costs are automatically calculated during checkout and are shown on the invoice separately from the Product Price, before the Customer submits the Order.
- RIGHT TO WITHDRAW
9.1 Customers “Consumers” according to the definition of art. 3 D. Lgs. n. 206/2005 – that is a physical person acting for purposes unrelated to the business, commercial, craft or professional activity that may be carried out – in accordance to and for the effects of art. 52 of D. Lgs. n. 206/2005 as amended by D.Lgs. have the right to withdraw from the Contract without having to provide any reason within 14 days after receiving the Products.
9.2 Therefore, Customers who cannot be defined as Consumers within the meaning of the above definition and in particular physical or legal persons acting for purposes related to their business, commercial, craft or professional activities are excluded from this right.
9.3 The Right of withdrawal may be exercised by the Consumer Customer with any explicit statement of the decision to withdraw from the contract, for instance, they may send notice by email to firstname.lastname@example.org. The right of withdrawal can also be exercised by using the withdrawal form available at the following LINK but it is not mandatory.
9.4 The Customer must return the products to Lace Beauty within 14 days from the date on which the withdrawal notice was sent.
Following the exercise of the right of withdrawal, the cost of returning the Products will be charged to the consumer according to and within the limits of art. 57 D. Lgs. n. 206/2005 and subsequent amendments.
9.5 If the right of withdrawal is exercised according to the terms and conditions indicated in this article, Lace Beauty commits to refund all payments received by the Customer as soon as possible and in any case within 14 days from the date the notice of withdrawal was sent. Unless the Customer expressly indicates a different refund method, Lace Beauty will use the same payment method used by the Customer, with no additional cost for the latter.
9.6 Lace Beauty may withhold the refund until it has received the Product or until the Customer has provided proof of shipping for the return, depending on which situation occurs first.
Please note that all payments made to Lace Beauty including any original shipping costs will be refunded to the Customer. And in this regard, according to art. 56 comma 2 D.Lgs. n. 206/2005 and subsequent modifications, Lace Beauty is not obligated to refund the additional costs if the consumer has expressly chosen a delivery method other than the least expensive delivery method offered by the Supplier.
9.7 If Customers exercise the right of withdrawal in a manner different from what’s stated by the terms and conditions set out in this article, Customers shall not be entitled to a refund of the payments made to Lace Beauty.
9.8 The Customer shall be responsible only for the decrease in the value of the Product resulting from the handling of the goods other than what necessary to establish the nature, characteristics and functioning of the Product itself.
9.9 The exercise of the right of withdrawal is excluded in the cases referred to in art. 59 D.Lgs. n.206/2005 and subsequent amendments.
By way of example including but not limited to, we indicate the following cases in which the right of withdrawal referred to in the aforementioned article is excluded:
*the supply of tailor-made or clearly customized goods;
*the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery (the Guarantee Seal will serve as proof).
- APPLICABLE LAW AND JURISDICTION
10.1 The General Conditions and Contracts are subject to Italian law and must be interpreted in light of this. Any matter relating to the Contracts will be subject to Italian jurisdiction. In particular, in accordance to art. 66-quater of Legislative Decree no. 206/2005 (Consumer Code), the discipline contained in Parte III, Titolo III, Capo I del D.lgs. 206/2005 is expressly recalled here.
10.2 In the case of Customer “Consumer” for all disputes arising from this contract including those relating to its validity, interpretation, execution and resolution jurisdiction lies with the territory and is necessarily conferred on the Judge of the Consumer’s place of residence or domicile.
- ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Lace Beauty informs the Consumer Customer residing in the European Union that the European Commission has appointed an online platform providing an alternative dispute resolution tool. Said tool can be used by the European Consumer to resolve in a non-judicial way any dispute relating to and/or arising from online contracts for the sale of goods and services. This platform can be used to resolve any dispute arising from the online contract. The platform is available at the following link