Terms and Conditions
Company: Laboratori Fabrici S.r.l. fiscal code and VAT registration n. IT01786900934, headquartered in Pordenone (33170), Piazzetta Ado Furlan n.4 (registered office);
Customer: the person (Consumer or Trader) who closes the Contract with the Company;
Customer-Consumer (or Consumer): the customer who suits the definition of Consumer pursuant to art.3 of the Consumer’s Code;
Customer-Trader (or Trader): the customer who suits the definition of Trader pursuant to art.3 of the Consumer’s Code;
Italian Civil Code (or Civil Code): the R.D. n.262/42 and its amendments;
Italian Consumer’s Code (or Consumer’s Code): the D.L.vo n.206/05 and its amendments;
General Conditions of Purchase (or General Conditions): the present document;
Order Confirmation (or Confirmation): the communication through which the Company informs the Customer that the Order has been confirmed and accepted by the Company; the Confirmation proves the conclusion of the Contract;
Contract: the Contract concluded on line between the Customer and the Company upon the transmission (by the Customer) of the Order and the subsequent reception (by the Customer) of the Order Confirmation. The closure of the Contract is proved by the Order Confirmation;
Italian E-Commerce Law: the D.L.vo n.70/2003 and its amendments;
Guarantee: the guarantee issued by the Company with the present document;
Sale Order (or Order): the order containing the necessary information about the Product as well as the Customer’s purchase request;
Price: the amount of money due to purchase the Product;
Product/s: the product/s belonging to the “Clairy” line offered by the Company; each Product is delivered to the Customer with the original packaging, the user’s manual and the technical documents;
Shipping Costs: expenses due to the shipment of the Product;
Website: the website www.clairy.com;
Italian Privacy Code (or Privacy Code): the D.L.vo n.196/03 and its amendments
Laboratori Fabrici S.r.l., fiscal code and VAT registration n. IT01786900, headquartered in Pordenone (33170), Piazzetta Ado Furlan n.4, owner of the “Clairy” brand as well as of the website www.clairy.com, submits to its Customers the following General Conditions.
1. General Notes
The present Conditions are regulated by the Italian Consumer’s Code, by the Italian E-Commerce Law and, ultimately, by the Italian Civil Code, and shall govern any on-line sale with Customers headquartered/domiciled/with residence in Italy as well as in others EU-member countries.
The Conditions shall apply exclusively to sales of Products stipulated on-line by means of the Website, and the Order’s transmission by the Customer implies the acceptance of the present General Sale Conditions.
Should the text of the Conditions vary, the version of the Conditions to be applied to the Customer shall be the one published on the Website at the time of the transmission of the Order.
2. Prices and Shipping Costs
All Product’s Prices indicated in the Website shall be expressed in Euro (€) and include VAT as well as any other tax, fare or duty provided by Law, including, when provided, the WEEE tax (Waste of electric and electronic equipment).
Should the amount of the taxes/fares/duties vary because of amendments, Prices shall be proportionally adjusted.
Prices are subject to periodical variations (e.g.: special offers, discounts, etc.): anyway, the Customer shall be charged with the Product’s Price indicated in the Order, regardless of any previous or subsequent price/offer.
Shipping Costs shall be charged to the Customer, shall be indicated and detailed upon sending the Order and shall be summed-up in the Order Confirmation.
3. Sale Order procedure
The Website contains each Product’s description along with the detailed technical profile, the Price, the Shipping Costs and the present Conditions.
The Order must be forwarded to the Company exclusively through the Website.
Without prejudice to the provisions of the present article, upon paying the amount due, the Order shall not be changed/modified/revoked by the Customer.
With respect to the Company, the Contract shall be deemed to be concluded when as soon as the Order Confirmation has been received by the Customer.
The Order Confirmation shall be transmitted to the Customer’s e-mail address indicated at the time of the registration: the Order Confirmation shall contain the Order’s serial number assigned by the Company, the Product purchased, the total amount of money paid by the Customer (split in “Price” – specifying the amount due to taxes, fares, etc. – and “Shipping Costs”), the payment method, the delivery address, the estimated date of delivery, the Conditions valid at the time of the Order. The Customer acknowledges that the Order’s serial number must be indicated in each subsequent communication with the Company.
The Company is entitled to refuse/cancel the Customer’s Order in the following cases:
- incomplete/wrong/false information provided by the Customer upon signing-in to the Website;
- temporary unavailability of the Product;
- irregularities, lack of funds or other impediment to the charge of the Price by the Company, reported by the bank or other operator to which the customer relies to carry out the payment;
- Should one of the previous cases occur, the Order shall not be confirmed by the Company and the Contract shall not be deemed to be concluded and the delivery shall not take place. Regardless, the Company shall communicate the reasons for the refusal/cancellation of the order.
- The Company shall not be held responsible for any damages or prejudices suffered by the Customer in case of partial/total unavailability of the Product and/or in case of non-communication of the refusal/cancellation of the order.
- Given the means through which the purchase procedure is fulfilled, the Company shall not be held responsible for any delay, inconvenience, breach of Contract occurred by accident or due to force majeure, or dependent on malfunctions and disservices of the Internet.
4. Payment procedure
The payment of the Price and the Shipping Costs shall be made by the Customer upon sending the Order and it represents the prerequisite in order for the Company to execute the Delivery: should the Customer fail to pay the amount due for whichever reason, the Order shall not be deemed accepted, the Contract shall not be deemed closed, and the delivery shall not take place.
The payment shall occur exclusively online by using a Credit Card, a pre-paid Card, as well as with Paypal, through their respective platforms. Notably, the Customer acknowledges that the Company shall not be deemed liable for whichever reason for any delay, inconvenience, breach of Contract due to any wrong/irregular functioning of the platforms related to the Customer’s bank as well as to the banking partners to whom the Customer relies on as far as the payment is concerned.
Once the amount due have been successfully paid, the Company shall forward to the Customer the Order Confirmation, and subsequently issue the invoice in compliance with Italian as well as the Customer’s country tax laws. It remains understood that the Company shall issue the invoice exclusively by filling it with the data and information provided by the Customer, who therefore shall be deemed the sole responsible if those data and information are incomplete, incorrect and/or false, in which case no compensation of whichever nature shall be charged by the Customer to the Company.
5. Contract’s storage procedure
Pursuant to art.12, par. 1, lett. b), of the D.L.vo n.70/03, the Company informs the Customer that each Order transmitted shall be filed and stored in digital form on the Company’s server according to privacy and secrecy standards.
6. Delivery procedure
The Company shall deliver the Product by means of professional carriers specifically designated, in Italy and others EU-member countries.
As a compensation for the delivery of the Product, the Customer shall pay a sum of money pursuant to art.2.
The shipment shall take place to the location indicated by the Customer in the Order.
The shipment shall take place within the terms estimated by the Company pursuant to articles 2-3, and summed-up in the Order Confirmation. The Customer acknowledges that the terms indicated by the Company are merely approximate, and may be subject to variations due to events unrelated to the Company’s will. Regardless, the Customer hereby waives the right to any compensation or other sum of money of whichever nature should any delay in the delivery occur.
At the time of the delivery, the presence of the Customer / of its proxy is requested, so as the Customer/its proxy can carefully check the integrity of the packaging, as well as that the Product delivered perfectly matches with the one ordered; moreover, in case of positive matching, the Customer/its proxy shall sign the delivery notice issued by the carrier. Without the Customer/its proxy physical presence, the delivery shall not take place, and any cost of whichever nature due to the deposit/custody of the Product until the moment of the actual delivery shall be charged to the Customer.
In case of evident flaws of the Product (e.g.: such as, but not limited to: wrong Product, wrong Product quantity, packaging damages, etc.), the Customer/its proxy shall immediately report the anomaly to the Company on the original and the copy of the delivery notice and subsequently contact the Company.
The Company informs that each delivery to the Customer is subject to a specific guarantee stipulated between the Company and the carrier: therefore, in order to allow the Company to enforce in due time the carrier’s liability, the Customer shall immediately report any flaws, through a message to be transmitted by registered letter/e-mail/registered e-mail containing the description of the flaws and the circumstances under which the delivery has occurred, failing which its Guarantee shall cease immediately.
7. Export/tax exemptions and VAT breaks
The Products are subject to Italian and European laws and regulations, applicable to customs and export control, and therefore the Products shall be purchased, exported and used pursuant to those laws and regulations.
For more information, it is possible to contact the Company at the Website’s “Contact us” section.
8. Right of withdrawal
Articles 52 ff. of the Consumer’s Code (hereby expressly referenced) grant the Consumer the right of withdrawal, which consists in the right to terminate the Contract for any reason, without explanation and without penalties, within a certain date and through specific procedures.
Notably, the Consumer shall enforce its right of withdrawal within 14 (fourteen) dd. from the day on which the Consumer or a third party, different from the carrier and designated by the Consumer, acquires the physical possession of the Product/s (without prejudice to the application of the terms specified in art.52, par.2, lett. b), nn.1-2-3, of the Consumer’s Code).
The withdrawal shall regard all (global withdrawal) or part (partial withdrawal) of the Products purchased by the Consumer.
In order to enforce its right of withdrawal the Consumer shall:
- check thoroughly that the Product has been diligently kept and is intact, well preserved, perfectly suitable for its intended purpose, clean and unworn, complete in its every part, kept inside its original packing with its accessories, its User’s Manuals and its technical documents, its distinctive badges, labels and single-use seal, when contemplated, still attached to the Product, intact and untouched;
- forward to the Company, within the above-mentioned deadline, a communication – exclusively through registered letter / registered e-mail at the following addresses: Laboratori Fabrici S.r.l, Piazzetta Ado Furlan n.4, 33170 Pordenone, Pec: email@example.com – in which the Consumer shall declare its will to withdraw from the sale and indicate the Product/s whom the withdrawal is referred to. The Company hereby attaches the standard form to communicate the withdrawal pursuant to art.52 of the Consumer’s Code. Upon reception of the withdrawal communication, the Company shall immediately confirm to the Consumer its reception and promptly verify the legitimacy of the withdrawal communicated; if so, the Company shall communicate to the Consumer via e-mail the serial number assigned to its withdrawal file (which number must be indicated by the Consumer at the time of the return of the Product/s);
- return the Product/s – by posting the Product (along with its original packaging, the User’s manual, the delivery notice and any other attached documents) to the Company – within 14 (fourteen) d.d. starting from the day on which the Consumer communicated its withdrawal (the deadline shall be deemed met when the Consumer posts the goods before the deadline, minding to keep as a proof the receipt issued by the Post office or similar). Unless otherwise agreed in written form with the Consumer, any cost related to the return of the Product/s, as well as the liability of the return procedure, shall be borne by the Consumer, who shall arrange on its own the shipping of the Product to the Company.
Once fulfilled the aforementioned formalities, the Company shall refund the Consumer with the entire amount of money paid (including the Price and Shipping Costs) within 14 (fourteen) d.d. starting from the day on which the Company was informed by the Consumer of its decision to withdraw from the Contract; the amount shall be refunded through the same payment method used by the Consumer in the Order, unless the Consumer indicates a different method and provided the requested method does not imply any further cost to the Company as a consequence; the Company shall not refund any additional costs, should the Consumer choose a delivery procedure different from the cheaper one offered by the Company.
The Company is entitled to keep the refund as long as it receives and checks the conditions of the purchased Product/s.
Once the right of withdrawal has been enforced, should the Company recognize that the Product has not been duly returned pursuant to the aforementioned procedure, the Consumer shall be deemed liable for any decrease in the Product’s value due to a handling that differed from that necessary to evaluate the nature, features and functioning of the Product/s.
Should the right of withdrawal be enforced in contrast with the law and, notably, shouldn’t the Product/s be intact in each and every part and/or equipped with its accessories and/or with the elements which is made of and/or should it be returned without its original packaging, if part of the Product, or should it be damaged or exceedingly worn by the Consumer, the Contract shall not be deemed terminated and, concordantly, the Consumer shall not be refund of the amount paid for the Product/s. The Product shall be kept in the Company, or in a warehouse designated by the Company, available for the Consumer, and the collection shall take place at the Consumer’s expenses and entirely under its responsibility.
The content of the present article shall not apply to the Trader.
The closing of a Contract shall entitle the Customer to enforce the following Guarantees:
a) Guarantee regarding the Consumer:
The Consumer is entitled to enforce the Guarantee provided by articles 128 ss. of the Consumer’s Code, hereby expressly referenced.
Notably, art.132 of the Consumer’s Code provides that the Consumer shall inform the Company of any flaws detected in the conformity of the purchased Product within 2 (two) months from the discovery, failing which the Guarantee shall cease immediately.
The Company is liable of any flaws in the conformity occurring within 2 (two) years from the delivery of the Product, beyond which term the Company shall not be deemed liable fo any flaws in the conformity detected by the Consumer. In any case, unless otherwise proven, the flaws in the conformity of the Product – occurring within 6 (six months) from thei delivery – are presumed to have existed since the delivery, unless this is inconsistent with respect to the Product’s nature and/or to the nature of the flaws.
The notion of “conformity” is detailed in art.129 of the Consumer’s Code.
In case of prompt communication from the Customer, the Company, at her own discretion, shall repair or replace the Product for free or, whenever impossible or excessively burdensome, grant a Price reduction or terminate the Contract.
In case of repair or replacement of the Product by the Company, the Guarantee terms of the Product delivered in replacement or resulting from the repairs are the same of those provided for the original Product. Therefore, the two-year period of the Guarantee shall elapse from the delivery of the original Product.
In order for the Consumer to enforce the Guarantee he must be in possession of the invoice issued by the Company.
b) Guarantee regarding the Trader:
The Trader is entitled to enforce the Guarantee provided by articles 1492 ss. of the Civil Code, hereby expressly referenced.
Notably, art.1495 of the Civil Code provides that the Trader must inform the Company of any flaw in the conformity detected in the purchased Product within 8 (eight) d.d. from the discovery, failing which the Guarantee shall cease immediately. As far as evident flaws are concerned, the aforementioned deadline of 8 (eight) d.d. elapses from the delivery pursuant to art.1511 of the Civil Code.
The limitation regarding the Guarantee expires within the deadline of 1 (one) year from the delivery of the Product, beyond which deadline the Company shall not be deemed liable for any flaws in the conformity detected by the Trader.
In order for the Trader to enforce the Guarantee he must be in possession of the invoice issued by the Company.
The Guarantee, whatever labelled, shall not apply to the following cases:
- costs borne / to be borne for the ordinary maintenance of the Product;
- costs borne / to be borne caused by the Product’s malfunctioning due to lightning, weather, excess voltage and power surges, insufficient or irregular power supply, or misuse or use in contrast with technical/security measures requested in the country in which the Product is used;
- accidental events and force majeure (such as, but not limited to: fires, wars, riots, strikes, etc);
- damages due to circumstances not reasonably foreseeable at the time of the closing of the Contract;
- damages or malfunctioning not related to a manufacturing defect.
The Customer shall not use the Products for illicit purposes and/or in illicit ways, or in ways expressly prohibited or not expressly contemplated by the User’s manual attached to the Product’s packaging. Therefore, the Customer shall release from liability the Company for any illicit/improper use or for any negligence/carelessness of the Customer, of its employees, associate and/or agents (whatever labelled), and hereby waives any right to compensation, reparation or reimbursement towards the Company for any event (such as, death, damages to persons or goods, etc.) due to any misuse or unsafe use of the Product, as well as for any direct/indirect damage (such as, but not limited to: profit/income loss, etc.) related to behavior, fraud or negligence of the Customer, of its employees, associate and/or agents (whatever labelled) and due to the misuse/prohibited use of the Products.
10. Data protection
11. Information, assistance, complaints
Unless otherwise provided, any communication between the Customer and the Company – including those regarding requests of assistance as well as complaints – shall occur solely throughout the following means:
- section “Contact us“ of the Website;
- registered e-mail: firstname.lastname@example.org
12. Applicable law and jurisdiction
The law applicable to the present Conditions is the Italian Law.
Any dispute arising between the Company and the Consumer concerning the sale of Products shall be submitted to the sole and exclusive jurisdiction of the Consumer’s residence or domicile Court.
Any dispute arising between the Company and the Trader concerning the sale of Products shall be submitted to the sole and exclusive jurisdiction of the Court of Pordenone (Italy), with express exception of any possible Court provided by law as competent optionally or alternatively.