Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE

This notice is issued for the website “https://labizarreepoque.com/” (hereinafter, the "Site"), owned by Natascia Maiorano, headquartered in VIA MAMMUCARI 25, ROME RM 00155IT, VAT no. 15566531008, Tax Code MRNNSC80R55H501R (hereinafter, the "Seller").

ART. 1. SCOPE OF APPLICATION

1.1 Any sale made through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003, which governs e-commerce.

1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays, and national holidays.

1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.

1.4 The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is sent.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hypertext links. Before conducting commercial transactions with such parties, it is necessary to verify their terms and conditions of sale. The Seller is not responsible for the provision of services and/or sale of products by such parties. The Seller does not perform any control and/or monitoring of websites accessible via such links. The Seller is therefore not responsible for the contents of such websites or for any errors and/or omissions and/or violations of law by the same.

1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site.

1.7 Sending a purchase order constitutes acceptance of these General Terms and Conditions of Sale.

ART. 2. PURCHASES ON THE SITE

2.1 Purchases on the Site

  • may be made after registering on the Site
  • are permitted to users who qualify both as consumers and as professionals. Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, a consumer is defined as a natural person acting for purposes unrelated to their entrepreneurial, commercial, professional or artisanal activity, if any; while pursuant to Article 3, paragraph I, letter c) of the Consumer Code, a professional is defined as a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or an intermediary thereof.

2.2 In the event of orders, regardless of origin, that appear to be anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop such irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

  • a user involved in ongoing legal disputes with the Seller
  • a user who has previously violated the General Terms and Conditions of Sale
  • a user involved in criminal activity
  • a user who has provided false, incomplete or otherwise inaccurate identification data, or who has not promptly sent the documents requested by the Seller, or who has submitted invalid documents.

ART. 3. REGISTRATION ON THE SITE

3.1 To register on the Site, you must fill out the appropriate form by entering the following data:

  • email
  • password.

3.2 You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of your Site login credentials.

3.3 The registered user guarantees that the personal information provided is complete and truthful and agrees to hold the Seller harmless from any damage, liability, and/or penalty arising from and/or in any way connected to the violation by the user of the rules regarding registration on the Site or the safekeeping of login credentials and/or the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the Seller’s right to deactivate the user's account.

ART. 4. INFORMATION REQUIRED TO CONCLUDE THE CONTRACT

4.1 In accordance with Legislative Decree no. 70 of 9 April 2003 on electronic commerce, the Seller informs you that:

  • to conclude a purchase contract on the Site, you must fill out an electronic order form and transmit it to the Seller electronically, following the instructions that will appear from time to time on the Site
  • the contract is concluded when the order form reaches the Seller’s server
  • once the order form has been received, the Seller will send you an order confirmation to the email address you provided, containing:
    • information about the characteristics of the purchase
    • the price
    • the selected payment method
    • the delivery charges.

ART. 5. PRODUCT AVAILABILITY

5.1 The Products offered on the Site are available in limited quantities. It may happen, due to the possibility that multiple users purchase the same Product at the same time, that the Product becomes unavailable after the purchase order has been submitted.

5.2 The Site displays information regarding the availability of each Product.

5.3 You will be notified if the ordered Product is unavailable. In this case, you will have the right to terminate the purchase contract pursuant to Article 61, paragraphs IV and V, of the Consumer Code.

5.4 Alternatively, you may accept:

  • if restocking is possible, a delivery extension proposed by the Seller, with an indication of the new delivery time
  • if restocking is not possible, the Seller may offer a different Product of equivalent or greater value, subject to your express acceptance and, in the latter case, payment of the difference

  • the Seller may offer a discount voucher to be used on the Site. The value of the voucher, its expiration date, and any limitations will be communicated by the Seller on a case-by-case basis.

5.5 If you request a refund for a Product that later becomes unavailable, the Seller will issue the refund within a maximum of 15 days.

5.6 If you exercise the right of withdrawal under Article 61, paragraphs IV and V, of the Consumer Code, the contract is considered terminated; if payment of the Total Amount Due (comprising the Product price, shipping costs, if applicable, and any other additional charges as specified in the order) has already been made, the Seller will refund the Total Amount Due in accordance with the “Payment Methods” article below.

ART. 6. PRODUCT INFORMATION SHEET

6.1 Each product is accompanied by an information page illustrating its main features (Product Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or devices used for their display. Moreover, the Product images shown in the Information Sheet may differ in size or in relation to any accessories included. Therefore, these images should be considered as indicative and within standard usage tolerances.

ART. 7. PRICES

7.1 All Product prices published on the Site are inclusive of Value Added Tax (VAT).

7.2 The Seller reserves the right to change Product prices at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time the order is placed, and that any subsequent changes (increases or decreases) will not be taken into account.

7.3 Shipping costs, if applicable, are expressly and separately indicated in the order form, before you proceed with its submission.

ART. 8. PURCHASE ORDERS

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will transfer to you at the time of shipment, understood as the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead transfer to you when you, or a third party designated by you and other than the carrier, physically take possession of the Products.

The Service you selected will be provided only upon payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submission of your purchase order, it is found that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is conditionally resolved in the event of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.

ART. 9. PAYMENT METHOD

9.1 The following payment methods are available on the Site:

  • Payment card
  • PayPal
  • Bank transfer.

9.2 The Seller accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • PostePay
  • American Express

These are, in any case, listed in the footer of each page on the Site.

On the Site, you will have the option to authorize the storage of your payment card data and their reuse for future purchases. You can revoke the authorization to reuse the card data for future purchases by following the instructions on the Site.

The charge will be made only after (i) the payment card details have been verified and (ii) the card issuer has authorized the charge.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller’s servers. The Seller therefore never has access to or stores, even if you choose to save such data on the Site, the card details used for the payment.

The charge will be made at the time the order is submitted.

9.3 Purchases can also be made through the PayPal payment solution. If you choose PayPal, you will be redirected to the website www.paypal.com, where you can make the payment according to the procedures set and governed by PayPal and the contract terms agreed upon between you and PayPal. The data entered on the PayPal site will be processed exclusively by PayPal and will not be transmitted or shared with the Seller. The Seller therefore has no access to and does not store, in any way, the payment card data linked to your PayPal account or any other payment method associated with it.

In case of payment via PayPal, the Total Amount Due will be charged by PayPal at the time the contract is concluded through the Site. In case of withdrawal from the purchase contract or any other refund, the amount will be credited back to your PayPal account. The time it takes for the refund to appear on your payment method depends exclusively on PayPal and the banking system. Once the refund has been ordered to the PayPal account, the Seller cannot be held liable for any delays or omissions in the crediting process. For disputes, you should contact PayPal directly. Any refund pursuant to these General Terms and Conditions of Sale will be credited to your PayPal account.

9.4 If you choose to pay by bank transfer, once the order is received, the Seller will send you the bank details and the deadline for making the transfer by email. The email may also include a request to send a copy of the transfer receipt or confirmation of payment.

In the case of payment by bank transfer, delivery times indicated on the Product Information Sheet and/or Site will begin from the date the Seller receives the transfer, not from the date the order is submitted, as is the case with other payment methods.

Unless otherwise agreed, Services will be provided only after the Seller receives the Total Amount Due via bank transfer.

Please indicate the following details in the transfer payment reference:

  • the order reference number
  • first and last name of the order holder, if different from the account holder.

You must make the payment within 1 working day from the order submission. If not, the Seller reserves the right to cancel the order within the following 5 working days.

ART. 10. DELIVERY OF PRODUCTS

10.1 There are no delivery restrictions, except in the cases possibly indicated on the Site and/or in the Product Information Sheet.

10.2 Delivery is currently free throughout Italy. See the dedicated shipping page.

10.3 From the date the order is sent, Products will be delivered within 3 days and, in any case, no later than thirty days from the conclusion of the contract.

10.4 It is your responsibility to check the condition of the delivered Product. While the risk of loss or damage to the Product, for causes not attributable to the Seller, transfers to you when you or a third party designated by you and other than the carrier physically take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. It is in your interest to note any anomalies on the carrier's delivery document, accepting the parcel with reservation. If the packaging shows clear signs of tampering or alteration, you should promptly notify the Seller. In any case, the regulations on the right of withdrawal (if applicable to the Product) and legal warranty of conformity remain unaffected.

ART. 11. RIGHT OF WITHDRAWAL

11.1 If you qualify as a consumer, you have the right to withdraw from the purchase contract without giving any reason and without incurring costs other than those set out in this article, within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of a single Product order, from the day you or a third party other than the carrier and indicated by you acquires physical possession of the Product;

b. in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order for a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Seller, before the Withdrawal Period expires, of your decision to withdraw.

11.3 You will have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent before the Withdrawal Period has expired. This communication must be sent via:

 

Email: info@labizarrepoque.com

 

 

Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with you, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.

11.4 The direct cost of returning the Products is your responsibility, as is the risk of transport.

11.5 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the original transaction. If you returned the Products using a carrier of your choice and at your own expense, the Seller may withhold the refund until it has received the Products or until you have provided proof of having returned the Products, whichever comes first.

11.6 You are only liable for any diminished value of the goods resulting from handling the Product other than what is necessary to establish its nature, characteristics, and functioning. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, fully functional, with all accessories and leaflets, tags, labels, and single-use seals, if present, still attached to the Product and intact and not tampered with, and perfectly suitable for its intended use and free of signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.7 If the Product for which withdrawal has been exercised has suffered a reduction in value resulting from handling different from what is necessary to establish its nature, characteristics, and functioning, the Seller reserves the right to deduct from the refund an amount equal to this reduction in value. The Seller will notify you of the deduction within 15 days of receiving the Product and, if the refund has already been issued, will provide the bank details for payment of the amount due as a result of the reduced value of the Product.

11.8 If the withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle you to any refund. The Seller will inform you within 15 (working) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must occur at your own expense and under your responsibility.

11.9 In the case of partial withdrawal from Multiple Orders, the delivery costs to be refunded will be calculated proportionally to the value of the Product subject to withdrawal. For example, if you placed an order totaling €200.00, including two Products, one worth €50.00 and the other €150.00, and return the €150.00 Product, you will be refunded 75% of the delivery costs. In any case, the amount of delivery costs refunded shall not exceed the amount actually paid.

ART. 12. LEGAL WARRANTY

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128–135 of the Consumer Code (Legal Warranty).

WHO IT APPLIES TO

The Legal Warranty is reserved for consumers. It therefore applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out.

WHEN IT APPLIES

The Seller is liable to the consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. The lack of conformity must be reported to the Seller within two months from the date it was discovered, otherwise the right to the warranty is forfeited.

Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery is presumed to have existed at the time of delivery, unless this assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month after delivery, the consumer is responsible for proving that the defect already existed at the time of delivery.

To benefit from the Legal Warranty, the consumer must provide proof of the date of purchase and delivery of the Product. It is therefore advisable for the consumer to retain the purchase invoice or any other document that can prove the date of purchase (such as a bank statement) and the date of delivery.

In case of termination of the contract, the Seller will refund the total amount paid by the consumer, consisting of the purchase price, shipping costs, and any other additional costs. In case of a price reduction, the Seller will refund the agreed reduction amount. The amount will be credited to the same payment method used for the purchase.

The Seller is not liable for any damages of any kind resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from force majeure or unforeseeable events.

If you made the purchase as a “professional” as defined by the Consumer Code, the preceding paragraphs of this article do not apply. Your purchase will instead be subject to the legal warranty set out in Article 1490 of the Italian Civil Code.

ART. 13. MANUFACTURER’S COMMERCIAL WARRANTY

13.1 The Products sold on the Site may, depending on their nature, be covered by a commercial warranty issued by the manufacturer (Commercial Warranty). You may assert this warranty only against the manufacturer. The duration, scope (including geographical scope), terms and conditions of use, types of damage/defects covered, and any limitations of the Commercial Warranty depend on the individual manufacturer. The Commercial Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty in any way.

ART. 14. APPLICABLE LAW AND JURISDICTION; OUT-OF-COURT DISPUTE RESOLUTION – ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION

14.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they reside.

14.2 It is hereby noted that, in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile shall have jurisdiction. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller has its registered office shall have exclusive jurisdiction, pursuant to Article 1 above.

14.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that, in the event that they have submitted a complaint directly to the Seller, which has not however been resolved, the Seller will provide information regarding the Alternative Dispute Resolution (ADR) entity or entities for the out-of-court settlement of disputes concerning obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR entities, as referred to in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such entities to resolve the dispute.

14.4 The Seller also informs the user who qualifies as a consumer under Article 3, paragraph 1, letter a) of the Consumer Code that a European online dispute resolution platform (ODR platform) has been established. The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can view the list of ADR entities, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

14.5 In any event, the right of the consumer user to bring a claim before the competent ordinary court for disputes arising from these General Terms and Conditions of Sale remains unaffected, regardless of the outcome of the out-of-court settlement procedure.

14.6 A user residing in a member state of the European Union other than Italy may also access – for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale – the European Small Claims Procedure established by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the claim does not exceed EUR 2,000, excluding interests, fees, and expenses. The text of the regulation is available at www.eur-lex.europa.eu.

ART. 15. CUSTOMER SERVICE AND COMPLAINTS

You may request information, send communications, request assistance, or file complaints by contacting the Seller using the following methods:

  • by filling out and submitting the form available at the following link https://labizarreepoque.com/pages/contatti 
  • by email, at the following address: info@labizarrepoque.com

The Seller will respond to complaints received within 7 days of receipt.