General conditions of Sale
Article 1 - General Provisions
- These General Sales Conditions (hereinafter General Conditions) apply, without limitation or condition, to all sales of products marketed by '' Libra Nails Lab USA '' with operational headquarters in Via San Filippo 7 , 36022, Cassola (VI), VAT n° 04220940243, REA VI-388393. All sales are made electronically via the website libranailslab.com (defined as the Site).
- "Libra Nails Lab USA" carries out its activity using the "Libra Nails Lab" brand. Therefore, any reference to "Libra nails Lab", whether contained in this document, in e-mail addresses, in the information contained in the products and / or in any other documentation concerning the sales regulated herein, must be considered as direct and referred to '' Libra Nails Lab USA ''.
- Before proceeding to confirm the order, the Customer undertakes to review the General Conditions present on the website libranailslab.com under the section "General sales conditions".
- "Libra Nails Lab USA" reserves the right to modify the General Conditions at any time and without prior notice. It will be the Customer's responsibility to verify any changes made to each purchase.
- The General Conditions are made available on the Site in a format that allows the storage and reproduction by the Customer, as required by art. 12, co. 3 of Legislative Decree 9 April 2003, n. 70.
Article 2 - Object
- '' Libra Nails Lab USA '', through the Website, sells cosmetic products and nail care equipment at a distance, including specialist products intended for exclusively professional use and not available to the public ( below, for brevity Products). Products intended for exclusively professional use can only be purchased by customers who declare under their sole responsibility to be professional clients in the aesthetic sector or to use the Products under the supervision and control of an aesthetic professional.
- It is understood that, in any case, the Products cannot be destined by the Customers to the sale / resale to third parties, unless expressly authorized by "Libra Nails Lab USA".
Article 3 - Customers
- These general conditions apply to all natural and / or legal persons who purchase the Products through the Website (hereinafter Customer / Customers).
- The rights and the faculties reserved by the law and / or by the present general conditions to the consumers will not be able to find application in all the cases in which the Products are purchased for purposes referable to the entrepreneurial and / or professional activity carried out by the Customer in the field of 'aesthetics.
- The Customer, with the acceptance of the General Conditions, declares to have full capacity to act as well as all the necessary powers and requirements to purchase the Products.
- It is forbidden to enter false and / or invented data in the registration form. The personal data and the e-mail must correspond exclusively to those of the Customer. It is also forbidden to make untruthful declarations for the purpose of concluding the contract.
'' Libra Nails Lab USA ', consequently, does not assume any direct or indirect responsibility for any reason resulting from the use / insertion of false / invented or false data / information / statements.
Article 4 - Pre-contractual informations
- The Customer, before the conclusion of the purchase contract, examines the characteristics of the Products which are illustrated in the individual data sheets on the Site. The images accompanying the Products do not constitute a contractual element. In fact, due to the technical characteristics of the different supports used for the visualization, the same may be different in the accessory elements (in particular shades and shades of color).
- The Products comply with the legislation applicable in Europe in force at the time of the Order. "Libra Nails Lab USA" cannot be held responsible for the non-conformity of the Products to the legislation of the different country in which the Customer intends to use them.
- '' Libra Nails Lab USA '' may change the assortment of the Products and / or information relating to them, such as prices, descriptions or availability, at any time without prior notice.
- The Customer may, at any time and in any case before the conclusion of the contract, take cognizance of the identifying information of '' Libra Nails Lab USA '' (address, telephone number, e-mail address). This information is also reported below:
'' Libra Nails Lab USA ''
Administrative office in
Via San Filippo n ° 7
36022 Cassola (VI)
P.IVA e C.F. 04220940243
REA number: VI - 388393
- For any questions concerning the Products and their use, for any further questions or requests for clarification, the Customer may contact Customer Service by e-mail at the following address: firstname.lastname@example.org
Article 5 - Orders
- At the first order request, inserted by the Customer following the Website instructions, the automated system asks to fill in a specific form with the personal details necessary for invoicing and with the indication of the shipping address. The account can be changed by the Customer at any time.
- The information and personal data provided by the Customer must be exact, accurate, truthful and updated. Any damages / delays / disruptions resulting from the incorrect insertion of data by the Customer will be attributable solely to the latter.
- Before the final confirmation of the Order, the Customer is informed regarding:
- the essential characteristics of the Products in the cart;
- the total price of the Products including taxes, with details of shipping costs and any other costs;
- payment methods;
- the deadline by which "Libra Nails Lab USA" undertakes to deliver the Products.
- the conditions, terms and procedures to exercise the right of withdrawal and related costs for the return of the goods, existence of the legal guarantee of conformity for the goods purchased, by means of a link to the present general conditions of sale.
- The status of each order can be verified by accessing the "Orders" area of your account.
Art. 6 - Conclusion of the contract - Order confirmation
- The contract of sale between '' Libra Nails Lab USA '' and the Customer is considered completed only upon receipt by the Customer of the order confirmation sent to the e-mail address entered during registration .
- '' Libra Nails Lab USA '', if it is not able to fulfill the order received, reserves the right to cancel it. In this case '' Libra Nails Lab USA '' will inform the Customer of the cancellation of the order within 5 days from receipt and will refund any amounts already paid by the Customer.
- '' Libra Nails Lab USA '' also reserves the right to cancel the order received in the event that there are objective indices (including reports from third parties) from which it can be inferred that the Customer resells the Products to third.
- The order confirmation e-mail contains the Customer's data, the order number, a summary of the General Conditions, the essential characteristics of the ordered product, its price, the amount paid, the existence of the right of withdrawal if consumer (with an indication of the times and methods for returning the goods), the address to present any complaints and information on support services and existing commercial guarantees.
- In order to guarantee the correctness and traceability of the order to the customer who has done it, "Libra Nails Lab USA " does not allow modifications and / or additions to the orders sent. The Customer can only ask, by e-mail and / or phone at the addresses indicated on the Site, for the cancellation of the order provided that the request is made by 2 pm on the day of insertion or, in the case of order entered after 2.00 pm , by 2 pm on the first following working day.
- Without prejudice to the provisions of art. 5, paragraph 2 of these General Conditions, the Customer undertakes to verify the correctness of the personal data contained in the order confirmation. Any corrections will be considered only if they are received by 2.00 pm on the insertion day or, if the order is placed after 2.00 pm, by 2.00 pm on the first following working day. In the absence of such a communication, "Libra Nails Lab USA " cannot be held responsible for any consequent damages / delays / disservices.
Article 7 - Prices
- '' Libra Nails Lab USA '' reserves the right to change its prices at any time. It is understood that the price applied to the Customer will be the one in force at the time the order is entered and indicated in the Order Confirmation, without considering price increases or decreases, even for promotions, which may have occurred subsequently.
- Without prejudice to any ongoing promotions duly advertised on the Site, shipping costs are not included in the purchase price.
- For domestic USA orders over 00USD shipping costs are free. For domestic orders less than 80.00USD shipping costs are charged to the Customer and are indicated and calculated at the time of conclusion of the purchase process before payment is made
- In the event of an IT, manual or technical error or any other nature that could result in a substantial change in the selling price to the public (not foreseen or foreseeable by '' Libra Nails Lab USA '') and which makes it exorbitant or clearly insignificant, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days. from the day of cancellation.
Article 8 - Payment methods
- '' Libra Nails Lab USA '' accepts payments made through PayPal or Google Pay with credit cards belonging to the following circuits:
- American Express
The transaction will be charged to the Customer's credit card only after:
- a) the credit card details have been verified;
- b) the debit authorization has been received from the company issuing the credit card used by the Customer.
- '' Libra Nails Lab USA '' also accepts payments made by bank transfer. To use this payment method, contact customer service at email@example.com placing the order.
The transfer must be made out to '' Libra Nails Lab USA '' and the reason for the order must be the order number. The transfer must be made within 5 working days from the order. If '' Libra Nails Lab USA '' does not receive any payment within 8 days from the order, it is considered canceled without the need for further notice. Any bank charges will be charged to the Customer.
- In the event that the crediting of the amounts due proves impossible, for any reason even not attributable to the Customer, the Order is automatically canceled.
Article 9 - Shipment and delivery of products
- The Products are delivered by express courier to the address indicated by the Customer when ordering. Deliveries will be made in the terms indicated in the specific section of the Website and shown below (https://www.libranailslab.com/FAQ/Ordini&consegna).
- These delivery terms are merely indicative and are not binding for Libra Nails Lab USA ". In any case, in accordance with the rules set forth in art. 61 Consumer Code, '' Libra Nails Lab USA '' undertakes to deliver the Products to Customers within 30 days from the order confirmation.
- "Libra Nails Lab USA ", therefore, cannot be held responsible for any damage caused to the Customer and / or to the recipient of the Products by the delay in the delivery less than the term of 30 days starting from the order confirmation.
- The Customer is required to check the Products and the packaging at the time of delivery, accepting them in the presence of any "reservations" discrepancies.
Article 10 - Customs
Libra Nails Lab USA is Libra Nails Lab's exclusive online store for the USA domestic market.
Every product sold in the website is shipped from a USA-based fulfillment center, so import duties or customs fees are not due.
Article 11 - Right of withdrawal of the Consumer
- In accordance with the provisions of Legislative Decree n. 206/2005, as amended by Legislative Decree n. 21/2014 (hereinafter the Consumer Code), the consumer customer has the right to withdraw from the purchase without any penalty and without specifying the reason within the term of 14 days starting from the date of receipt of the Products. In the case of multiple purchases made by the Customer with a single order and delivered separately, the 14-day term starts from the date of receipt of the last Product.
- The consumer customer who intends to exercise the right of withdrawal must notify the "Libra Nails Lab USA " by explicit declaration sent by registered letter a.r./ e-mail to the following addresses:
'' Libra Nails Lab USA ''
Operational and administrative office in
Via San Filippo n ° 7
36022 Cassola (VI)
VAT n° 04220940243
REA number: VI - 388393
Hereby, the undersigned ________________________ notifies the withdrawal from the purchase contract of the following goods: ________________________________________________ [insert a description of the products purchased,], ordered on ________________________; order number ________________________ and received the ________________________, and asks for the reimbursement of the amount paid for the returned products, by crediting the related amount through the payment method used for the purchase.
- Name, Surname, Customer Address
- Customer signature
- Data "
- In case of exercise of the right of withdrawal, the consumer customer returns the Products to "Libra Nails Lab USA " without undue delay and in any case within 14 days from the date on which he forwarded the communication referred to above .
- The Products must be returned intact, in the original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and accompanied by the relevant tax documentation.
- In compliance with the provisions of article 57, paragraph 1 of the Consumer Code, the return costs will be borne exclusively by the Consumer Customer. Packages sent at the expense of the recipient will not be accepted.
- According to the provisions of Article 59 of the Consumer Code, the right of withdrawal cannot be exercised in the event of:
- purchase of clearly personalized goods;
- purchase of sealed goods that do not lend themselves to being returned for hygienic reasons (including cosmetic products, all tools and equipment for personal care) and which have been opened after delivery.
- The Customer is in any case liable - even if he fails to remove the seals of the Product and / or its packaging - of a decrease in the value of the Product and / or its packaging, caused by handling of the Product and / or of its packaging.
- Without prejudice to the right to verify compliance with the above, '' Libra Nails Lab USA '' will refund the amount of the Products subject to withdrawal (including any delivery costs) within a maximum period of 14 days from receipt of the return, as required by art. 56 paragraph 1 of the Consumer Code.
Art. 12 Legal guarantee.
- In accordance with the provisions of the Consumer Code, the Products purchased by the Consumer enjoy the legal guarantee of conformity for a period of two years starting from the delivery of the Product.
- The legal guarantee applies when, in the aforementioned terms, the Product has a lack of conformity, ie it appears:
- a) not suitable for the use for which goods of the same type are normally used;
- b) not conforming to the description made by '' Libra Nails Lab USA '' on the Site;
- c) lacking the quality and usual performance of a good of the same type that the Customer can reasonably expect.
- In such cases, the consumer customer has the right to restore, without charge, the conformity of the goods by repair or replacement. If the substitution of the asset is impossible or excessively burdensome for '' Libra Nails Lab USA '', the consumer Customer may, at his option, request a reasonable reduction in the price or termination of the contract.
- The consumer customer forfeits such rights if he does not report "Libra Nails Lab USA " the lack of conformity within two months from the date of his discovery. The direct action to assert the defects fraudulently concealed by '' Libra Nails Lab USA '' is prescribed, in any case, within twenty-six months from the delivery of the Product.
- The Customer must contact the Customer Service indicating the non-conformity of the Products and follow the procedure for returning non-conforming Products which will be indicated to him.
- The non-conforming Product must be returned to Libra Nail
Article 13 - Limitations of Liability
- '' Libra Nails Lab USA '' assumes no responsibility for disruptions attributable to the courier, the fact of a third party, the fault of the Customer or due to force majeure / unforeseeable circumstances or any other event, even an employee from malfunctions and disruptions of the Internet network, which is not under the exclusive control of '' Libra Nails Lab USA ''.
- They are causes of force majeure, by way of example and not limited to: accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods, thefts and other similar events, provisions of the Public Authority, the strike of own employees or carriers of which '' Libra Nails Lab USA '' makes use as well as any other circumstance that is beyond the control of the latter.
- The Customer is fully responsible for the purchase made on the Site and undertakes to carefully read the instructions and warnings for the use of the Products purchased and to use them in compliance with these conditions.
- No responsibility can arise for '' Libra Nails Lab USA '' for any use of the Products that are not permitted, which do not comply with the instructions for use and / or in any case differ from the normal use.
Article 14 - Integrity
- The General Conditions, as well as any document expressly referred to in them, constitute the entire agreement between the Customer and "Libra Nails Lab USA " on the subject of the contract and replace any previous agreement , understanding or agreement between the same parties, be it oral or written.
- If one or more provisions of these General Conditions are considered invalid or declared as such pursuant to the law, the other provisions will continue to have full force and effect.
Article 15 - Dispute resolution
- '' Libra Nails Lab USA '' informs its Customers that they will be able to resolve any dispute arising regarding the correct application of this contract (including, by way of example but not limited to, disputes relating to validity, non-performance, total or partial and / or termination of the contract) through an online procedure (online dispute resolution procedure - "ODR procedure"), which can be activated by accessing the online platform made available by the European Commission at the following link http: //ec.europa. eu / consumers / odr.
- The possibility remains for the Parties to resolve the disputes between them before the competent judicial authorities or using another ADR ("Alternative Dispute Resolution") procedure.
Article 16 - Confidentiality of personal data
- The processing of the Customer's personal data will be carried out in compliance with the provisions of the law regarding the protection of personal data, as better specified in the two privacy notices available in the specific section of the Website.
Article 17 - Applicable law and competent court
These General Conditions are governed by Italian law also in accordance with the provisions of Part III, Title III, Chapter I, of Legislative Decree n. 206/2005, as amended by Legislative Decree n. 21/2014 c.d. Consumer Code and the provisions of Legislative Decree n. 70/2003 concerning electronic commerce.
Without prejudice to the provisions of the Consumer Code on the irrevocable nature of the Consumer Forum, the exclusive jurisdiction for the resolution of any disputes arising from the application of these General Sales Conditions is Vicenza.