General Conditions of Sale
Updated on March 15, 2013
1. Subject
1.1. These General Conditions of Online Sale (hereinafter "GCS") govern the contract (hereinafter "CONTRACT") for the sale of products marked exclusively by the Gift and Lab brand (hereinafter "PRODUCTS") offered by Gift and Lab - based in via dell'Artigianato, 23 in Mazzano (BS), VAT number 02528800986 (hereinafter "Gift and Lab") - through its website www.giftandlab.com (hereinafter "SITE") to users of the SITE (hereinafter "CUSTOMER" or "CUSTOMERS").
1.2. In these GCS, the term CUSTOMER or CUSTOMERS means the "consumer" or "consumers" as per article 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206 (hereinafter "CODE"), ie "the natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out".
2. Effectiveness and modification of the GCS
2.1. The GCS are available on the SITE to be easily read by the CUSTOMER before registering and before making the purchase of the PRODUCTS; they are understood to be accepted together with the registration and forwarding of the purchase order form, and can be stored on the CUSTOMER's computer and reproduced on paper by printing the file in which they are contained.
2.2. The GCS applicable to the sale of the PRODUCTS are those published on the SITE, on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must read the GCS, every time he intends to make a purchase on the SITE.
2.3. The mere tolerance or failure by Gift and Lab of any non-fulfillment by the CUSTOMER with respect to what is contained in the GCS cannot be interpreted as tacit acceptance of such non-fulfillment, nor as a desire to derogate from what has been agreed between the parties.
3. Registration and purchase procedure
3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this will by registering his data and a request made directly on the SITE where, following the purchase procedure indicated therein, he will forward, electronically, his electronic order. purchase order (hereinafter "ORDER") and the relative payment.
3.2. The order form contains a reference to the GCS and a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and duties), the chosen payment method, the delivery methods of the purchased products. , shipping and delivery costs: before sending the ORDER, the CUSTOMER must carefully read the entire content, identify and correct any data entry errors.
3.3. The CUSTOMER will be able to access his order form by consulting the "PROFILE" section and if he wishes to cancel the ORDER or modify the ORDER by increasing, decreasing the quantities of the PRODUCTS previously ordered, or simply by modifying, inserting new items in addition to or in place of the PRODUCTS themselves, must necessarily send an e-mail to hello@giftandlab.com as long as the relative shipment has not already been confirmed by Gift and Lab with an e-mail confirming shipment (hereinafter " SHIPPING CONFIRMATION ") referred to in article 3.5 below
3.4. Once the ORDER has been received, Gift and Lab will send the CUSTOMER an e-mail confirming the order (hereinafter "ORDER CONFIRMATION"), containing a summary of the content of the information relating to the sale, and will proceed with the fulfillment of the 'ORDER, without prejudice to the provisions of article 3.6 below.
3.5. All purchase orders for PRODUCTS are subject to their availability and, therefore, to the confirmation of Gift and Lab, which will communicate this availability by sending an e-mail to the CUSTOMER CONFIRMING SHIPPING.
3.6. In case of non-execution of the ORDER, due to the unavailability of one of the PRODUCTS ordered, Gift and Lab will inform the CUSTOMER via e-mail and will ask for confirmation of the CUSTOMER ORDER, for the purchase of the remaining PRODUCTS available. In any case, the unavailability of one or more of the PRODUCTS ordered will not automatically give the CUSTOMER the right to cancel the entire ORDER.
3.7. The CONTRACT between the CUSTOMER and Gift and Lab is governed by the ORDER, the SHIPPING CONFIRMATION, the GCS and the Privacy Policy (hereinafter "PRIVACY") both published on the SITE.
4. Rights and obligations of Gift and Lab
4.1. Gift and Lab undertakes to deliver the PRODUCTS to the address and within the terms indicated by the CUSTOMER in the ORDER. Gift and Lab will not be responsible for delivery errors due to inaccuracies or incompleteness in completing the ORDER or for unavailability of the CUSTOMER himself. Delivery is made by express courier, therefore post office boxes cannot be accepted.
4.2. In case of return, total or partial, of the PRODUCTS by virtue of the right of withdrawal or the guarantee required by law, Gift and Lab, in accordance with the provisions of the following articles 10 and 11, will only refund the amounts due, as they are not provided neither changes nor replacements.
5. Rights and obligations of the Customer
5.1. The CUSTOMER is solely responsible for the truthfulness of the data and the correctness of the information provided to Gift and Lab during registration through the SITE and undertakes to promptly communicate any changes to the data entered.
5.2. The CUSTOMER, while registering and sending the ORDER, declares to have read, understood and accepted the GCS and the additional information contained in the SITE including the PRIVACY; to be an adult, in possession of the legal capacity to act.
5.3. The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to provide both to save an electronic copy and to print the ORDER and the GCS for the purpose of their conservation, as indicated in the previous article 2.1.
6. Use of the site
6.1. The essential characteristics of the PRODUCTS are presented on the SITE within each product sheet. The images and colours of the products offered for sale on the SITE may not correspond perfectly to the real ones due to the Internet browser and monitor used when connecting to the SITE.
6.2. Gift and Lab assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as they are not dependent on their will, such as, by way of example: a) errors, delays or inability to access the SITE by part of the CUSTOMER during the execution of the sale procedure; b) errors, delays or inability to receive, by the CUSTOMER, the communications made by Gift and Lab in relation to the sale of the PRODUCTS.
6.3. In any case, Gift and Lab undertakes, as far as possible, to solve the problems that may occur and offer the necessary assistance to the CUSTOMER to obtain a quick and satisfactory solution to the aforementioned problems.
7. Prices and payments
7.1. The prices of the PRODUCTS are those actually displayed on the SITE at the time of placing the ORDER and, unless otherwise specified, are inclusive of VAT. Shipping costs must be added to the prices shown on the SITE, for each of the PRODUCTS. and delivery of the same which will be duly highlighted and summarized before the order is issued and subsequently also in the ORDER CONFIRMATION.
7.2. The total price for the purchase of the PRODUCTS and the shipping and delivery costs, as indicated in the ORDER, will be charged to the CUSTOMER only at the time of shipment of the PRODUCTS, after sending the SHIPMENT CONFIRMATION.
7.3. With payment by credit card, the CUSTOMER undertakes, upon request by Gift and Lab, to send a copy of the identity document proving the effective ownership of the credit card used, it being understood that, in the absence of the requested sending, Gift and Lab may refuse the payment and cancel the order.
8. Delivery of products to the customer
8.1. Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check: a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials.
8.2. Any anomalies must be reported to the carrier immediately upon receipt of the PRODUCTS, by indicating them in the delivery note. The CUSTOMER, in order to facilitate and speed up the check procedure for any anomalies by Gift and Lab, can write an e-mail to hello@giftandlab.com
9. Delivery to headquarters
9.1. The CUSTOMER can freely indicate the delivery location also at the Gift and Lab office of his choice (hereinafter SHOP): in this case the shipping and delivery of the PRODUCTS will be free.
9.2. In case of delivery to the STORE, the CUSTOMER must proceed with the collection of the PRODUCTS starting from the 10th day following that of the ORDER and no later than the following 15 (fifteen) days, presenting himself, personally or through a third party, and presenting to the STORE the ORDER number and an identification document of the person collecting the order.
9.3. In case of difficulty in respecting the terms for collection at the STORE, the CUSTOMER must notify Gift and Lab in writing by writing to info@giftandlab.com
9.4. In case of late withdrawal, i.e. more than 25 (twenty-five) days from the day of the ORDER, without the written communication referred to in the previous point, the risk of loss or deterioration of the PRODUCTS will be borne by the CUSTOMER.
9.5 In no case will it be possible to return the PRODUCTS through the STORE.
10. Right of withdrawal
10.1. In the event of non-compliant / incorrect / different products from the description, the CUSTOMER has the right to withdraw from the contract concluded with Gift and Lab without any penalty within 14 (fourteen) days from the day of receipt, or from collection at the store, of the PRODUCTS. purchased on the SITE, provided that the products to be returned are intact, never used, complete with their original packaging, tags and labels. However, it is not possible to change the chosen product with another.
10.2. In case of exercise of the right of withdrawal, even partial, the return of the PRODUCTS must be made in a single solution.
10.3. If the CUSTOMER intends to exercise the right of withdrawal referred to in point 10.1, he must: - send an e-mail to the address hello@giftandlab.com, attaching the SHIPPING CONFIRMATION sent by Gift and Lab and specifying in the text of the e-mail the numeric code of the item or items to be returned (hereinafter "RETURNED PRODUCTS") and the reason for the return "for non-compliance"; - contact the shipper indicated by Gift and Lab and send, within the next 14 (fourteen) days from the e-mail notification of the withdrawal, the products to be returned to Gift and Lab in via dell'Artigianato, 23 25080 Mazzano (BS).
10.4. If the right of withdrawal is exercised following the methods and terms described in this article, Gift and Lab will as soon as possible send the CUSTOMER, via e-mail, the relative confirmation of the acceptance of the RETURNED PRODUCTS and reimburse, by bank procedure, the expenses incurred by the CUSTOMER for the purchase of such products and for the relative, and any, shipping and delivery costs.
10.5. In any case, the method of return on delivery is prohibited.
10.6. In case of return "without reason", the CUSTOMER has the right to withdraw from the contract concluded with Gift and Lab without any penalty within 14 (fourteen) days from the day of receipt, or from the collection at the store, of the PRODUCTS purchased on the SITE , provided that the products to be returned are intact, never used, complete with their original packaging, tags and labels. However, it is not possible to change the chosen product with another.
10.7. If the CUSTOMER intends to exercise the right of withdrawal referred to in point 10.6, he must: - send an e-mail to the address hello@giftandlab.com, attaching the SHIPPING CONFIRMATION sent by Gift and Lab and specifying in the text of the e-mail the numeric code of the item or items to be returned (hereinafter "RETURNED PRODUCTS") and the reason for the return "for return without reason"; - contact a shipper of his choice and send, within the next 14 (fourteen) days from the e-mail notification of the withdrawal, the products to be returned to Gift and Lab in via dell'Artigianato, 23 25080 Mazzano (BS). The return shipment will be paid by the CUSTOMER.
10.8. If the right of withdrawal is exercised following the methods and terms described in this article, Gift and Lab will as soon as possible send the CUSTOMER, via e-mail, the relative confirmation of the acceptance of the RETURNED PRODUCTS and reimburse, by bank procedure, the expenses incurred by the CUSTOMER for the purchase of these products and for the relative, and any, shipping costs for purchase BUT NOT FOR RETURN SHIPPING which remain the responsibility of the customer.
10.9. In the event of a request for product replacement following a return "without reason", the CUSTOMER will have to start a new purchase process by choosing the desired product.
11. Returns for faces or product differences
11.1. Gift and Lab will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of compliance with the conditions and terms established by law. In particular, the rights arising from this guarantee may be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed indications, as well as upon presentation by the CUSTOMER of the delivery note received with them and indication of the order number.
11.2. In cases of defective products or products not in conformity with those ordered (hereinafter "DEFECTIVE PRODUCTS"), the CUSTOMER, without exception, must send an e-mail to Gift and Lab, at hello@giftandlab.com, attaching the SHIPPING CONFIRMATION sent by Gift and Lab and specifying in the e-mail text the numeric code of the item or items to be returned and the reason for the return for "PRODUCT defects".
11.3. Gift and Lab will - contact the shipper to book the collection within 14 (fourteen) days from the communication, via e-mail, of the withdrawal to Gift and Lab; - notify the CUSTOMER via e-mail of the date set for the collection. From the moment of delivery of the DEFECTIVE PRODUCTS to the forwarder in charge, Gift and Lab exonerates the CUSTOMER from any responsibility in case of loss or damage to the products during transport.
11.4. All PRODUCTS come with an identification tag, internal labels and their own packaging. Gift and Lab, in case of exercising the CUSTOMER's right of withdrawal, has the right not to accept the return of RETURNED PRODUCTS that do not have the relative tag, internal labels and that have been used, worn, washed, damaged or altered in their essential and qualitative characteristics.
11.5. If the right of withdrawal is exercised following the methods and terms described in this article, Gift and Lab will as soon as possible send the CUSTOMER, via e-mail, the relative confirmation of acceptance of the RETURNED PRODUCTS and reimburse, by bank procedure, the expenses incurred by the CUSTOMER for the purchase of such products and for the relative, and any, shipping and delivery costs.
11.6. As soon as Gift and Lab receives the package containing the DEFECTIVE PRODUCTS, it will check the disputed defects and send the CUSTOMER, via e-mail, the relative confirmation of receipt of the DEFECTIVE PRODUCTS and any confirmation of the defects communicated by e-mail reporting, consequently, to reimburse, through the banking procedure, the costs incurred by the CUSTOMER for the purchase and, any, for the shipment and delivery of the DEFECTIVE PRODUCTS, while the return costs will be borne by Gift and Lab.
12. Personal data protection
12.1. Gift and Lab guarantees the CUSTOMER that the personal data acquired in relation to the sale of the PRODUCTS will always be treated lawfully and correctly, in full compliance with the provisions of Legislative Decree 30 June 2003, n. 196 (hereinafter "DECREE") in accordance with the PRIVACY, published on the SITE and printable.
12.2. For any information relating to the processing of personal data, please refer to the information on data processing provided by Gift and Lab, pursuant to art. 13 of the DECREE, to the CUSTOMER at the time of registration on the SITE. Please note that the CUSTOMER, in case of need for further clarification regarding the processing of personal data (article 7 of the DECREE), can contact Gift and Lab at the following address hello@giftandlab.com
13. Communications
13.1. For any need for assistance or complaints relating to the PRODUCTS purchased, the CUSTOMER can contact Gift and Lab at the following e-mail address: hello@giftandlab.com
14. Applicable law and jurisdiction
14.1. The GCS are governed by Italian law and in particular by the CODE and by the legislative decree 9 April 2003 n. 70 regarding some peculiarities of electronic commerce.
14.2. For any dispute that may arise regarding the validity, interpretation, execution, resolution of these GCS and / or individual purchase orders, the Court of Brescia will be exclusively competent and without competing courts with express and total renunciation. reciprocal to any other hole.