1. GENERAL CONDITIONS OF SALE FOR THE USE OF THE WEBSITE WWW.TONSOR1951.IT.
1.1. These general terms and conditions of sale apply to the purchase of products carried out remotely, by telematic means or by telephone, of products presented on the website www.tonsor1951.it, managed by
with registered office in Via dell'Artigianato, 1 - 30020 - Gruaro (VE)
VAT no./C.F./Venice Tax Reg.: 02662400270, REA no. 232635, Share Capital Euro 52,200 (i.v.)
Online shop on the website: www.trilab.it
Telephone: (+39) 0421 1776257
and constitute an integral and essential part of the contract for the purchase of any Product. The placing of an Order, as described below, implies its acceptance by the Customer.
1.2. The provisions referring to "Consumers" apply exclusively to persons who are natural persons and who place an Order for purposes unrelated to their business, commercial, craft or professional activity.
Trilab guarantees that Consumers will benefit from all the protections provided by law, in particular, for the conclusion of distance contracts under Title III, Section II, of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code"), as amended by Legislative Decree no. 21.02.14 n. 21, implementing Directive 2011/83/EU, as well as all other protections provided for, in favor of Consumers, by the Consumer Code itself and any other applicable law.
For any clarification or information regarding the content of the general conditions of sale, or for complaints and disputes, Trilab's customer service is available by calling (+39) 0421 1776257 or by sending an e-mail email@example.com. Even if the Customer does not wish to use the telephone service, all the rights and faculties recognised by law will still apply.
1.3. The general conditions apply to all Orders for the purchase of Products and submitted to Trilab through the website www.trilab.it or by contacting the number (+39) 0421 1776257.
1.4. The term "Customer" includes both "Consumers" (natural persons who place an Order for purposes unrelated to their business, commercial, craft or professional activity) and "Professionals" (natural persons or legal entities who place an Order in the exercise of their business, commercial, craft or professional activity).
1.5. The term "Order" means any proposal for the purchase of one or more Products, formulated by the Customer via internet or telephone, while the term "Contract" means the agreement between Trilab and the Customer purchasing one or more Products. The formulation of the Order and the conclusion of the Contract shall be carried out in the manner set out below.
1.6. The term "Products" means the products, accessories and equipment for hair care that are indicated in the catalogue that can be accessed by clicking on "products" on the pages of the Website.
1.7. Please note that "Business Day" refers to any day of the week, except Saturdays, Sundays and public holidays under Italian law.
1.8. The Customer can keep a copy of these general conditions of sale, as well as all the documents that make up the Contract relative to the Products purchased on the Site, using the normal functions of his browser (e.g.: "File" -> "Save as").
1.9. The Customer may store the data of his Order, either by downloading the general conditions of sale, as provided for in the preceding article and saving, with the support of the functions of his browser, the data summarized in the last web page before submitting each Order, or by waiting for the Order Confirmation Email that Trilab will send, after submitting the Order, to the email address indicated by the Customer. This confirmation email will contain the data of the Order submitted by the Customer, with the consequent possibility to print or save such documentation.
1.10. The data of each Order will be saved by Trilab on its systems. In order to preserve the confidentiality of this information, access to it by the Customer will be allowed only after prior authentication in the private area of the Website called "My Account", by entering the appropriate login credentials that will be given to the Customer at the time of registration on the Website. In this reserved area, by entering his credentials, the Customer will be able to consult the Contracts already concluded, the pending Orders and those just forwarded, as well as update and save his contact details, any bank data and/or data relating to the subscription to the newsletter service. The Customer undertakes to treat his access credentials to the aforementioned reserved area of the Site confidentially and not to make them available to third parties.
1.11. The data saved by Trilab in its computer records are considered proof of communications, orders and payments between the parties.
2. END OF THE CONTRACT
2.1. Any Contract relating to the purchase of Products will be stipulated exclusively in the Italian language.
2.2. Before proceeding with the forwarding of any Order, the Customer is invited to read these general conditions of sale with the utmost attention. Furthermore, before proceeding to the purchase of the Products, by transmitting the order form, the Customer will be asked to print a copy through the print command and to save or reproduce a copy for his/her personal use.
2.3. The presentation of the Products on the website is merely an invitation to the users of the website to make a purchase proposal, therefore it is not binding for Trilab and, in particular, does not constitute an offer to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code. Trilab has full discretion in deciding whether to accept any proposals made.
2.4 CONCLUSION OF THE CONTRACT VIA THE INTERNET
2.4.1. In order to proceed with the purchase of one or more Products through the internet, the Customer shall provide Trilab, in compliance with the applicable provisions on the protection of personal data, with all data necessary to allow Trilab to execute the Orders placed.
2.4.2. The Customer may select one or more Products he intends to purchase, placing them in a virtual "cart", the contents of which he can always view before placing the Order.
2.4.3. By clicking on the "Proceed to purchase" button, the Customer will start the procedure of placing the Order. During the formulation of the Order and until its actual forwarding, the Customer will, however, have the possibility of reviewing the data entered by clicking on the "Back" button, in order to identify and correct any incorrect information.
2.4.4. By clicking on the "Complete Order" button, the Customer shall place the Order with Trilab.
2.5 CONCLUSION OF THE CONTRACT BY TELEPHONE
2.5.1. The Customer can proceed to place an Order by contacting the customer service at (+39) 0421 1776257, providing the operators with all the data necessary for its completion (name, surname, email address, billing address and shipping address, if different from the billing address). The Order shall be deemed to have been placed at the end of the telephone communication.
2.5.2. Each Order placed in this manner shall be considered, to all intents and purposes, as a contractual proposal by the Customer. Trilab will send the Order and the Conditions of Sale by fax or by email to the email account provided by the Customer. The Order and these Terms will be signed by the Customer and sent back by email or fax. The agreement shall be deemed concluded upon confirmation by Trilab of receipt of the Order by sending an email to the email account provided by the Customer. By sending such email, Trilab shall also inform the Customer whether the Order can be accepted or not (the order confirmation).
2.5.3. Trilab shall be entitled to accept or not the Orders received, without the Customer having any rights or claims against Trilab in case of non-acceptance. The Order shall, in any case, be deemed accepted and consequently the Contract shall be concluded when the Customer receives the Order Confirmation Email on his email address, containing confirmation of acceptance of the Order.
2.5.4. In the exceptional case of cancellation of the order, either by the Customer or in the case of non-acceptance of the same by Trilab, the cancellation of the transaction and the reversal of the amount committed will be requested. Cancellation times depend exclusively on the banking system. Once the transaction has been cancelled, under no circumstances may Trilab be held liable for any direct or indirect damages caused by delays in the failure to release the amount committed by the banking system.
2.5.5. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided to him/her during the purchase process, and fully accepts the general conditions and payment terms set forth below.
Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.
3. PRICE AND SHIPPING COSTS
3.1. The prices of the Products published on the homepage or in the various sections of the website are inclusive of VAT and do not include any taxes, duties and duties applicable in the country of destination of the Products, where this is different from Italy, which will be borne by the Customer.
3.2. The prices of the products shown on the Website are subject to change at any time and without notice, it being understood that, limited to orders being accepted or already accepted by Trilab, the terms and conditions of sale in force at the time the order is sent by the Customer will apply, except for orders that are not accepted.
3.3. Transport costs are free of charge for purchases over € 48.99 including VAT delivered within Italian territory. For orders below this amount with delivery within Italian territory, the cost for delivery of the goods will be € 4.90. For deliveries outside the national territory, the cost will depend on the destination of the goods. In each case, the cost of shipping will be displayed automatically before the order confirmation.
4. SHIPPING AND DELIVERY
4.1. For deliveries, Trilab will use carriers selected by it. The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas reached by the carriers operating for Trilab.
Trilab reserves the right to assess and, if necessary, not to execute Orders requiring delivery outside Italy.
4.2. Delivery times are on average 3 to 5 working days from the date of validation of the Order and are given purely as an indication. Therefore, if this period is exceeded, no compensation or withholding may be claimed under any circumstances. In any case, in compliance with the law, delivery shall be made within thirty days from the date of conclusion of the contract.
4.3. Unless expressly indicated, delivery is intended at street level.
4.4. At the time of delivery of the goods by the courier, the Customer is obliged to check: a) that the number of packages delivered corresponds to that indicated in the transport document; b) that the packaging is intact, not damaged, not wet or in any case altered, including the sealing materials (adhesive tape or plastic straps).
4.5. In the event of delivery of a product that is damaged or does not comply with the order, the customer has the option of refusing the delivery (mandatory mention on the delivery note) and must notify Trilab within 14 days.
In the event of missing products, the customer must indicate this in writing on the delivery note, which must be requested from the delivery agent.
In the absence of a reservation on the delivery note, no claim will be considered either by the courier or by Trilab.
4.6. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately notified by writing "ACCEPTED WITH RESERVE" on the courier's delivery receipt. Once the courier's document has been signed, the Customer may not contest the external characteristics of the goods delivered.
We therefore recommend that, even when there are no problems on the outside of the package, you should always sign the courier's slip with the wording "Subject to control". If this wording is missing and the product is damaged, the courier will no longer be held responsible, regardless of whether or not insurance is in place.
Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery.
4.7. If the delivery has still not been made 5 working days after confirmation of the order, the customer must inform Trilab by telephone or contact form. A complaint will be opened with the carrier in order to find out the reason for the delay.
4.8. In the event of the recipient's absence, the delivery agent must leave a notice in the customer's mailbox. The Customer must then contact Trilab or the transport agency within 4 days at the latest to request a free return delivery.
4.9. If the Customer fails to collect the material in storage at the courier's warehouses within 5 working days due to repeated inability to deliver to the address indicated by the Customer when placing the order, the order shall be automatically cancelled and the courier shall return the package to Trilab. In this case, the Customer shall reimburse Trilab for the double shipping costs (to the Customer and back to the company).
4.10. Together with the package, you will also receive a receipt with a list of the products contained in the package and details of the shipping costs.
4.11. Trilab will not be liable for non-delivery or delayed delivery due to force majeure, such as - by way of example - strikes, measures by the Public Authorities, rationing or shortages of energy or raw materials, transport difficulties, fires, floods and damage to industrial machinery. If the cause of force majeure persists for a period exceeding 30 (thirty) days, either party shall be entitled to withdraw from the contract. In the event of withdrawal, the Customer shall not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the return of any amounts already paid as price for the Product.
4.12. Trilab shall not be liable for the extension of delivery times due to the carrier, especially in cases of loss of products, bad weather or strikes.
4.13. In the event of an error in shipment by Trilab and you receive an item other than that ordered, please do not open the package but contact us, we will collect the product or provide the necessary information to return it and send the correct one, without charging additional shipping costs. If the Customer has to pay any costs for the return, these will be recognised in the form of a discount voucher for subsequent purchases.
5.1. Unless the Customer chooses the "Payment on Delivery" option, the Customer shall pay the full price of the Products ordered, at the same time as placing the Order. It is understood that, in the event of non-acceptance of the Order, Trilab shall promptly refund the Customer any amounts already paid.
5.2. When placing the Order, Trilab may propose different methods of payment, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment through the secure "Paypal" system, payment by prepaid card (e.g. "Postepay") and payment by bank transfer. The Customer must indicate which of the payment methods proposed by Trilab it intends to use.
5.3. For Orders placed by phone, payment of the price must be made at the time of delivery of the Products, or by bank transfer in advance if this is one of the payment methods.
5.4. If the Product is marked as "available" on the Website, Trilab shall ship the item as soon as possible or, in case of payment by bank transfer, within 5 (five) working days after confirmation of receipt of payment. The availability indicated on the website is not binding as the quantity indicated may not correspond to the actual stock in the warehouse. Trilab shall not be liable for non-delivery or delayed delivery if the Products ordered are not delivered by the supplier/manufacturer to Trilab or, in any case, are not available due to circumstances beyond its control.
5.5. In any case, if the Customer is a Consumer and the unavailability of the Products does not allow the delivery of the Trilab Product within 30 (thirty) days from the date of the Order by the Consumer, Trilab shall reimburse the Consumer for any advance payment of the price within 30 (thirty) days from the day after the day on which the Order was sent.
6. RIGHT OF WITHDRAWAL
6.1. If the customer is a Consumer, he/she has the right to withdraw from the purchase contract for any reason, without having to provide an explanation, according to the terms and conditions set out below.
6.2. To exercise this right, the Consumer must send Trilab a written notice to this effect, within 14 working days from the date of receipt of the Products, or from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods. The communication of withdrawal must be sent by registered letter with return receipt, or by fax or email on condition that it is confirmed by registered letter with return receipt within the following 48 (forty-eight) hours, to the addresses indicated below. You may use the standard withdrawal form below for this purpose, but it is not compulsory.
Standard withdrawal form
Via Dell'Artigianato, 11
30026 Portogruaro - Fraz. Summaga (VE)
Telephone: (+39) 0421 1776257
I hereby give notice of withdrawal from my contract of sale of the following goods: (indicate products subject to withdrawal), ordered on (indicate date) and received on (indicate date).
Name of consumer
Signature of the consumer (only if this form is notified on paper)
6.3. The right of withdrawal is however subject to the following conditions:
6.3.1. the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased;
6.3.2. the right does not apply, once opened, to packaged and sealed products that have an expiration date or a preferable consumption time;
6.3.3. the right does not apply to packaged and sealed products, once opened;
6.3.4. the purchased goods must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment etc. ...); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; it should be avoided in all cases the attachment of labels or adhesive tapes directly on the original product packaging. Once the product is packaged Trilab will collect it;
6.3.5. the Consumer shall return the Product to Trilab at the addresses indicated below within the same term of 14 days from the withdrawal notice. The Products must be returned correctly packaged in their original packaging, in perfect resale condition (not ruined, damaged) and equipped with all accessories, instructions for use and documentation, if any; equipped with the transport document (present in the original packaging), so as to allow Trilab to identify the Consumer (Order number, name, surname and address). The Consumer is liable only for any decrease in the value of the goods resulting from handling the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. It is specified, in any case, that the right of withdrawal in favour of the Consumer does not apply to Products that, due to their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, merely by way of example, cosmetic products that have already been opened.
6.4. If the Product returned does not comply with the provisions of the previous paragraph, the withdrawal shall not be effective.
6.5. Upon its arrival at the warehouse, the product shall be examined to assess any damage or tampering not deriving from transport. If the product or the packaging and/or the original packaging are damaged or their value is diminished due to handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods, Trilab will deduct a percentage from the refund due, in any case not exceeding 20%, as a contribution to the costs of restoration.
6.6. If the Consumer withdraws from this agreement, all payments that he/she has made in favour of TRILAB will be refunded, including delivery costs (with the exception of additional costs resulting from his/her choice of a type of delivery other than the least expensive type of standard delivery offered), within 14 days from the day on which Trilab receives information about the decision to withdraw from this agreement. These refunds will be made using the same means of payment as was used for the initial transaction, unless the Consumer has expressly agreed otherwise.
6.7. The right of withdrawal lapses completely when the product that is returned to Trilab lacks one of the above conditions.
6.8. In case of forfeiture of the right of withdrawal, Trilab will return the purchased goods to the sender, charging the same for the shipping costs.
6.9. It should be noted, in any case, that the right of withdrawal in favor of the Consumer does not apply to Products that, by their nature, are not suitable to be returned or are subject to the risk of rapid deterioration or alteration, such as, but not limited to, cosmetic products already opened.
6.10. Notice of withdrawal must be addressed to:
Via Dell'Artigianato, 11
30026 Portogruaro - Fraz. Summaga (VE)
Telephone: (+39) 0421 1776257
Items must be returned to:
Via Dell'Artigianato, 11
30026 Portogruaro - Fraz. Summaga (VE)
7. WARRANTY AND HANDLING OF COMPLAINTS
7.1. Purchases made by Consumers are subject to the legal provisions on guarantees, including, if applicable, the provisions of the Consumer Code on guarantees for Consumers.
7.2. Care has been taken to ensure the accuracy of the information presented on the Website. Trilab or its suppliers are therefore not responsible for the consequences, accidents, special damages that result from electronic transmissions or the inaccuracy of the information transmitted. The names and brands of products and manufacturers are used for identification purposes only. Photos and descriptions are only examples. The picture accompanying the description of a product may not be perfectly representative of its characteristics but may differ in colour, size, and accessories shown in the picture. All the information supporting the purchase is intended as mere generic information material, not referring to the real characteristics of a single product.
7.3. This guarantee shall apply to products that present conformity defects and/or malfunctions that were not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its intended use and with what is set out in the technical documentation, if any, with observance of the various operating standards indicated therein. The aforementioned guarantee shall not apply in the event of negligence, carelessness in the use, storage and maintenance of the product, connection of the purchased items to electrical systems or any other type of connection that does not comply with standards. The guarantee is personal and shall therefore apply only to the original purchaser, being reserved for direct customers and not for dealers, retailers, etc.
7.4. If the Consumer discovers flaws and defects in the Products purchased pursuant to these general terms and conditions of sale, he/she may contact Trilab, under penalty of forfeiture, within two months of discovery, according to the procedures indicated in these general terms and conditions of sale and request the repair or replacement of the Product. The choice between repair or replacement shall remain at the Consumer's disposal, unless the chosen remedy is objectively impossible or excessively expensive compared to the other. The Customer is invited to call the Customer Service at (+39) 0421 1776257 for any information on the repair or replacement.
7.5. Trilab invites the Customer to describe in as much detail as possible the nature of the defect or fault found and, if necessary, to send a copy of the Order documents or indicate the Order number, the number of the Consumer and any other data useful for the correct identification of the claim. If no response is received by the Consumer within 5 (five) working days, Trilab invites the Consumer to request a response. Trilab also recommends checking that the e-mails it sends are not redirected or blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems of the e-mail program of the recipient Customer.
7.6. If the requested repair or replacement proves to be impossible or excessively expensive, or has caused considerable inconvenience to the Consumer, the latter may, at his discretion, request an appropriate reduction in the price or termination of the Contract. The termination of the Contract shall not, in any case, be admitted for minor defects, with respect to which it has not been possible or is excessively burdensome to proceed with the repair or replacement of the relative Products.
7.7. The product, even if defective, to be replaced must, at the time of return, be complete with packaging, all accessories and any documentation received by the customer at the time of purchase. The return of the product without the original packaging, accessories and any documentation mentioned above prevents the replacement of the product itself.
7.8. The costs of returning the product to the sender are the responsibility of the customer.
7.9. Trilab assumes no liability for the quality, packaging and labelling of products, without prejudice to the Customer's right of withdrawal.
7.10. It is expressly understood that the warranty conditions indicated above do not apply to defects found in Products purchased by Professionals, with respect to which Trilab, subject to the mandatory limits of the law, does not issue any warranty.
7.11. For any request, Trilab invites, in any case, the Customer to contact Customer Service, which can be contacted as follows:
Telephone: (+39) 0421 1776257
Items must be returned to
Via Dell'Artigianato, 11
30026 Portogruaro - Fraz. Summaga (VE)
8. PURCHASE VOUCHERS
8.1. Coupons (also referred to as Coupons, Discount Coupons) cannot be purchased on the Website, but are offered by Trilab in the context of promotional campaigns, for a limited period of validity.
8.2. Coupons are only used in relation to certain types of Products, also in accordance with what will be indicated on the Website.
8.3. Purchase Vouchers, available on the Site or presented through promotional campaigns, are valid until the indicated deadline and can only be used once in an Order procedure. The Purchase Voucher can only be used before validating the Order (before clicking on "Confirm" at the end of the ordering process). No reduction is possible after this point. Please note that Purchase Vouchers can only be used for the purchase of certain specific Products, as further indicated on the Website.
8.4. Purchasing Vouchers are not redeemable for cash and no interest will accrue on the amount owed. The credit on a Purchase Voucher is not transferable to a third party. The credit represented by each individual Purchase Voucher is not cumulative.
8.5. The value of the Products purchased with a Purchase Voucher must be at least equal to the amount of the Purchase Voucher. If the total value of the purchases is less than the amount of the Purchase Voucher, any remaining credit cannot be reimbursed to the Customer.
If the credit on a Purchase Voucher is less than the total price to be paid for an Order, the difference can be settled using any other permitted method of payment.
The Purchase Voucher will not be refunded if the Products are returned in whole or in part.
9. DATA PROTECTION
10. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
10.1. On the occasion of any amendment to these general conditions of sale, Trilab will promptly publish the amended general conditions of sale on the Website.
10.2. The amended general terms and conditions of sale shall become an integral part of the new Contracts, starting from the first Order placed by the Customers, following their publication on the Website. In the case of Orders already forwarded before such communication, the previous version of the general conditions of sale shall apply.
11. SUBSTITUTION CLAUSE
11.1. If any present or future provision of the General Terms and Conditions of Sale and/or the agreement is or becomes wholly or partly null and void and/or ineffective, or if there is a gap in the provisions of the General Terms and Conditions of Sale and/or the agreement, the remaining provisions of the General Terms and Conditions of Sale and the agreement shall nevertheless remain valid and effective. It is understood that Trilab and the Customer will endeavour to negotiate in good faith the integration of the gap or the replacement of the invalid and/or ineffective clause with the aim of achieving the same results as pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
12. JURISDICTION AND COMPETENT COURT
12.1. The contract of sale between the Customer and Trilab is concluded in Italy and governed by Italian law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of Pordenone.
12.2. When the Customer is a consumer, the territorial jurisdiction is of the judge of the place of residence or domicile of the Consumer, if located in the territory of the State.
13. ODR - ONLINE DISPUTE RESOLUTION
Link to the European Union ODR site for Online Dispute Resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT