Conditions of sale
Sic Srl CF/P.IVA 04593120969
with registered office in Via Carcano Filippo 4, 20149 Milan (MI) and operational headquarters in Via Resegone, n. 2, 23871 Lomagna (LC)
(hereinafter also referred to as "SIC"), makes available to all users the possibility of purchasing via the Internet on the sitewww.hairmed.it the Hairmed branded Products and Treatments (hereinafter also referred to as "Products") of which Sic Srl is the sole and exclusive owner.
1) General notes
These general conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the regulations on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to the remote sale via the web of the Products as identified and listed in the products section of the Site. www.hairmed.it .
These conditions apply, however, exclusively to contracts concluded with consumers, as identified pursuant to art. 3 letter a) of the Consumer Code.
Without prejudice to the possibility for SIC to modify these provisions at any time, in the event of changes to these General Conditions, the General Conditions published on the Site at the time the Order is sent by the Customer (hereinafter “Customer”) will apply to the purchase order.
2) Object of the contract
With these general conditions of sale, SIC Srl sells and the CUSTOMER purchases remotely the Products with the relative Prices as present on the reference Site.
The purchase contracts stipulated on the Site and having as their object the Products and Treatments (hereinafter also "Purchase Contracts" or simply "Contracts") are understood to be concluded with the aforementioned Company SIC Srl
The contract is considered to be concluded exclusively via the Internet, by accessing the sitewww.hairmed.it for the Products and the creation of a purchase order according to the procedure provided by the site itself.
The Customer undertakes to read, before confirming his/her order, these general conditions of sale, in particular, the pre-contractual information provided by SIC Srl and to accept them by placing a flag in the indicated box.
By ticking the box "I agree with the conditions of sale and the conditions of withdrawal and I will accept them without reservations" when confirming your order on the Site, the Customer acknowledges having read and accepted these Conditions without reservations.
A copy of these general conditions of sale will be available in PDF version on the reference sites, so as to allow the Customer to archive them, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
3) Pre-contractual information for the consumer pursuant to art. 49 of Legislative Decree.206/2005
Before concluding the purchase contract, the Customer examines the characteristics of the goods which are illustrated in the individual sheets produced at the time of the Customer's choice.
Before the conclusion of the contract and before the validation of the order, the Customer is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment method;
- conditions, terms and procedures for exercising the right of withdrawal (art. 14 of these conditions), as well as the “standard withdrawal form” referred to in Annex I, Part B of Legislative Decree 21/2014;
- costs that the Customer will have to bear for the return of the goods in the event of withdrawal;
- existence of the legal guarantee of conformity for the products purchased.
The Customer may at any time, and in any case before the conclusion of the contract, become aware of the information relating to SIC Srl such as the geographical address, telephone number and email address; as well as the following information:
Sic Srl CF/P.IVA 04593120969
with registered office in Via Carcano Filippo 4, 20149 Milan (MI) and operational headquarters in Via Resegone, n. 2, 23871 Lomagna (LC)
Tel. 039.9220120 | Mail: info@hairmed.it | Pec: sicsrl@legalmail.it
4) Order
Purchase Orders must be made online through the order procedure on the Site.
The Customer successfully completes the Order Procedure if the Site does not display any error messages (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to the billing and shipping addresses).
5) Conclusion and effectiveness of the contract
The Purchase Agreement shall be deemed to be concluded between SIC Srl and the Customer upon receipt of the Order by SIC.
The system will confirm receipt of the Order by automatically sending an email (hereinafter also referred to as “Order Confirmation”) to the email address provided by the Customer.
This Confirmation will summarise the Products and Services chosen, the relative Prices (including Delivery costs and costs relating to any additional Services requested by the Customer), the delivery address, the order number (hereinafter also “Order Number”), the General Conditions of Sale provided therein and any special Conditions applicable to the individual Order, determined and determinable following specific requests from the Customer. The SIC company reminds the Customer to verify with the utmost attention and care the correctness of the data contained in the Order Confirmation and to communicate to SIC Srl within 24 (twenty-four) hours of receipt of the same any correction.
The Order Number communicated by SIC Srl must be used by the Customer in all communications with the Company.
SIC is committed to describing and presenting the items sold on the site in the best possible way.However, some errors, inaccuracies or small differences between the site and the actual product may appear.
The photographs of the Products presented onwww.hairmed.it do not constitute a contractual element, as they are exclusively representative.
Occasional unavailability of the Products offered may occur: in this case, if the Products chosen by the Customer are not, in whole or in part, available, SIC Srl will communicate this to the Customer.
6) Payment methods
Payment for the Order must be made at the time the Order is forwarded to SIC Srl
Payment must be made with PayPal or Credit Card, following the instructions on the reference Site. For transaction security reasons, SIC Srl reserves the right to request the sending of a copy of an identity document of the Credit Card holder. At the same time as the communication of the Order Confirmation, the total amount to be paid will be charged to the Customer. It will also be possible to make the payment in person at the time of delivery, by cash on delivery; it should be noted, however, that this payment method will be possible only for deliveries made within the Italian national borders.
SIC Srl will issue an invoice relating to the Purchase Order, sending it together with the Product.
In the event that, within 72 (seventy-two) hours of confirmation of the Order, the holder of the Order does not receive the aforementioned invoice via email, he/she may contact SIC at the contact details indicated.
For the purposes of issuing the invoice, the information provided by the Customer will be valid.
SIC Srl therefore reminds the Customer to always verify, with the utmost attention, the accuracy of the information provided.
7) Prices
All Product Prices indicated on the Site in the "Products" and "Treatments" sections include VAT.
Delivery costs (hereinafter also referred to as "Delivery Costs") are the responsibility of the Customer.
The Price shown on the Site at the time the Order is sent applies to the Products and Treatments, without any consideration of previous offers or any subsequent Price variations.
In the event of an IT, manual, technical or any other error that may result in a substantial change, not foreseen by SIC Srl, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and any amount paid by the Customer will be refunded.
8) Delivery methods
SIC will carry out the delivery (hereinafter “Delivery Service” or simply “Delivery”) using specialized carriers specifically appointed by the Company.
At the time of Delivery, the presence of the Customer or a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to those reported on the Order.
In the event of visible defects, such as incorrect quantity and/or incorrect Product and/or defective integrity of the packaging, SIC Srl asks the Customer or his/her trusted representative to report the aforementioned anomalies on the transport document, adding the wording WITH RESERVATION, and to contact SIC Srl at the references indicated on the site.
In the event that the Customer is not present at the time of delivery at the place and time indicated, the delivery will be rescheduled with additional costs to be paid by the customer, the amount of which may vary depending on the delivery method (by internal staff or by the courier) and the mileage range.
The Customer is required to inform the company if he/she has to deliver to restricted areas and to request any transit authorisations.
The Customer must also inform SIC Srl if boats or other particular means are necessary to complete the delivery.
In the event that the Customer fails to provide SIC Srl with the information referred to in the previous periods, delivery will not be made and any unforeseen expenses will be charged to the Customer.
SIC Srl, except in exceptional cases and causes of force majeure, in Italy estimates the delivery times of the Products purchased to the address indicated by the Customer at 4 (four) working days from the time of the Order, and in Europe 10 (ten) working days from the time of the Order.
With regard to the Delivery methods, SIC Srl will be exempt from any liability in the event of delays caused by events, acts, facts and circumstances that were unforeseeable at the time of the conclusion of the individual Purchase Contracts, unavoidable and also beyond the control of the Company (for example: vehicle breakdowns, strikes, riots, natural disasters, etc.).
In such situations SIC Srl will promptly communicate to the Customer a new deadline within which it will fulfill the Delivery and will make every effort to fulfill all its obligations as set out in the Purchase Agreement.
9) Delivery costs
The delivery costs (hereinafter also "Delivery Costs"), highlighted in the Purchase Order and in the subsequent Order Confirmation, are charged to the Customer.
SIC Srl applies the rates by determining them on the basis of the value of the purchased goods as per the following indications:
- a) the Delivery Service in Italy for Orders whose value is less than or equal to €46.00 (forty-six/00), is equal to €5.00 (five/00) for all areas covered by the Service;
- b) the Delivery Service in Italy for Orders whose value exceeds €46.00 (forty-six/00), is free for all areas covered by the Service;
- c) the Delivery Service in Europe for Orders whose value is less than or equal to €80.00 (eighty/00), is equal to €9.00 (nine/00) for all areas covered by the Service;
- d) the Delivery Service in Europe for Orders whose value exceeds €80.00 (eighty/00), is free for all areas covered by the Service;
Additional costs will be charged to the Customer when:
- Delivery is requested in areas where traffic is subject to limitations and/or prohibitions (for example: limited traffic areas, areas with limited entry for motor vehicles, pedestrian areas, etc.);
- the distance between the unloading point and the destination address of the purchased Products or Treatments is greater than 100 (one hundred) metres.
In order to have all the necessary information relating to the costs of these additional services, the Customer may contact SIC Srl, before sending the Purchase Order, via the contact channels listed on the Site.
After sending the Order, the Customer will be required to contact SIC Srl always through the above-mentioned contact channels, to promptly inform SIC Srl of the need for the aforementioned additional services and to proceed with the relative payment to be made by Credit Card.
The Company informs all its Customers that, in the event of failure to provide prior information regarding the need for any additional Services, SIC Srl may not be able to complete the Delivery of the Products within the agreed timeframes, and may also have to make a second Delivery, which will be entirely charged to the Customer.
Furthermore, in the event of failure to provide prior information, SIC Srl reserves the right to charge the Customer all related costs for the additional services indicated above and not previously communicated.
10) Support services
The Customer may obtain information regarding the Assistance Services, including after-sales assistance (hereinafter also "Assistance Services"), by contacting SIC Srl by accessing the "Contacts" section of the Site.
11) Cancellation of purchase order
If the Customer wishes to cancel his Order, he may do so within 24 (twenty-four) hours of payment, without additional costs. In this case, SIC Srl will refund the Customer the amount paid, net of the custom components made for the Customer.
In the event of cancellation of the Order after 24 (twenty-four) hours, SIC Srl will refund the Customer the amount paid net of the custom components made for the Customer and a flat rate cancellation management fee of €5.00 (five/00).
12) Right of withdrawal
In accordance with the legal provisions in force, if the Customer is a “Consumer”, as defined in Article 3 of the Consumer Code, he/she is entitled to the rights set forth in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and, therefore, the right to withdraw from the Purchase Agreement (hereinafter also referred to as “Right of Withdrawal”) for any reason, without explanation and without any penalty, within 14 days from the date of receipt of the products, in the manner specified below.
The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the SIC Srl Products purchased by the Consumer.
The Customer who intends to exercise the right of withdrawal must communicate this to the Company by means of an explicit declaration (hereinafter also “Notice of Withdrawal”), which may be sent - before the expiry of the Withdrawal Period as indicated above - by registered mail with acknowledgement of receipt to:
Sic Srl
with registered office in Via Carcano Filippo 4, 20149 Milan (MI)
or by certified email to:sicsrl@legalmail.it
The Customer may also exercise the right of withdrawal by sending, in the aforementioned manner, the "standard withdrawal" form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is reported below:
Standard withdrawal form pursuant to art. 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is sent on paper)
Date
(*) Delete the unused wording.
Following the correct exercise of the right of Withdrawal, as outlined in articles 52 and following of the Consumer Code cited above, SIC Srl will forward the Practice Number to the Consumer via email. This Number must be indicated by the Consumer when returning the Product(s) (hereinafter also referred to as “Return”).
The Return of the Product(s) must take place within 14 (fourteen) days from the date on which the Consumer acquires physical possession of the goods pursuant to art. 52 of the Consumer Code cited above. The aforementioned deadline will be respected if the Consumer sends back or delivers the Product(s) subject to Withdrawal before the expiry of the 14 (fourteen) days.
SIC Srl reminds its Consumers that the transport costs relating to the return of the Product(s) subject to Withdrawal are borne by the Consumer and that the Return is under the complete responsibility of the Consumer himself.
The Company also reminds its Consumers, before the Return, to check that the Product(s) subject to Withdrawal are intact and in normal condition, inserted in the original packaging, complete in all its parts (including packaging and accessory documentation).
If the right of withdrawal has been correctly exercised in accordance with the provisions of articles 52 et seq., without prejudice to the possibility for SIC Srl to verify the integrity of the returned products, the Company will refund the Consumer the entire amount already paid, including the Delivery Costs, within 14 (fourteen) days from the moment in which it was informed of the Consumer's decision to withdraw from the Purchase Contract.
SIC Srl, pursuant to and for the purposes of art. 56 of the Consumer Code as amended by Legislative Decree no. 21/2014, reserves the right to withhold the refund until it has received the Product(s).
The amount will be refunded using the same payment method used by the Consumer for the initial transaction, unless the Consumer expressly requests otherwise.
13) Legal guarantees
The Consumer Customer has the right to avail of the legal guarantee provided for by the Consumer Code in articles 128 to 132.
This Guarantee provides, among other things, that the Consumer, under penalty of forfeiture, reports to SIC Srl any lack of conformity found by the Consumer in the purchased product within 2 (two) months of discovery (pursuant to art. 132, Consumer Code) and, in any case, no later than 2 (two) years after delivery of the product.
Following such complaint, the Consumer will have the right to request the replacement of the Product.
By virtue of the above legal guarantee, SIC Srl is therefore responsible for defects of conformity that appear within 2 (two) years from the Delivery of the Product. Beyond this term, SIC will therefore not be responsible for defects of conformity found by the Consumer.
Following the complaint by the Customer, SIC will verify the actual existence of the lack of conformity.
In order to take advantage of the guarantee, it is recommended to show the purchase document. In any case, for the regulation of the legal guarantee, please refer to the provisions of the Consumer Code referred to in articles 128 et seq.
The Company declines all responsibility for damages that may directly or indirectly arise to persons or things as a consequence of failure to observe all the specifications indicated in the specific instructions delivered together with the product and, in particular, relating to the warnings in terms of use and conservation of the product.
14) Integrality
These General Conditions of Sale are constituted by all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a Court having jurisdiction, the other provisions will continue to have full force and effect.
15) Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Pursuant to and for the purposes of art. 141-sexies, paragraph 3 of the Consumer Code, the User who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code is hereby informed that, in the event that he/she has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute that has arisen, he/she may contact the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code).
In particular, it is communicated that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established.The ODR platform, available at the following addresshttp://ec.europa.eu/consumers/odr/ , provides the consumer User with the list of ADR bodies and the related links to the sites, through which it is possible to start an online dispute resolution procedure in which he is involved.
In any case, the right of the consumer User to bring the dispute arising from these General Conditions of Sale before the competent ordinary court (as better specified below) remains intact, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promoting an out-of-court resolution of disputes relating to consumer relationships by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
In the event that the User resides in a Member State of the European Union other than Italy, he/she may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00 (here is the text, on the websitewww.eur-lex.europa.eu ).
Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located within the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
15) Processing of personal data
The Customer's data are processed by SIC Srl in accordance with the provisions of the most recent legislation on the protection of personal data (GDPR), as specified in the information provided on the Site, referred to here.
Information regarding online dispute resolution pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve disputes online, pursuant to Art. 14 Par. 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr ) serves as a place where consumers can seek to reach out-of-court settlements on disputes arising from online purchases and service contracts.