Website www.haircromia.com
The present terms of sale rule the access to the products and services offered through the www.haircromia.com internet web site (hereinafter the “Site”), including registration, navigation, and purchase of products offered on the Site and/or offered remotely via the Site to Italian and foreign users. This Site is a property of Elen-H sas, Commerce with registered office in Conegliano (TV), Viale dei Mille n.55 31015, REA no. TV429775, tax code and VAT number 05183310266 (hereinafter simply ELEN-H)
ELEN-H reserves the right to modify, or add to these Terms of Sale at any time in its sole discretion. Any changes to the Terms of Sale will be effective for all orders placed after the change is posted on the Website.
FIELD OF APPLICATION
The General Conditions of Sale apply and govern all sales contracts concluded through the Seller’s Website, as identified above.
The General Conditions of Sale may be subject to change; each User must view the changes before proceeding with purchase. It is the responsibility of the User to check the General Conditions of Sale before submitting an order.
The Seller is never responsible for the supply of “Haircromia” branded products by third parties that are visibly listed on the Website by means of links, banners or other hypertext connections. The User is obliged to check the Conditions of Sale before confirming third party orders.
The General Conditions of Sale apply regardless of the nationality of the User, provided that the delivery of products takes place in one of the countries for which the Website provides the online sales service, and that this country corresponds to that of registration of the User. The buyer can receive the products purchased at an address of his/her choice in the country of purchase (of the Website).
The purchase of products on the Website is reserved exclusively to natural persons (consumers) of an age of 18 years or older.
“Consumer” means any natural person acting for purposes unrelated to a commercial, entrepreneurial, craft and professional activity carried out.
The ELen-H sas sale system, being on line Italian seller, does not require to issue the invoice (neither receipt or tax receipt) to a VAT-exempt customer. The invoice should be requested while placing the order.
ORDER PLACEMENT AND PURCHASE
These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. The electronic submission of the order by the User implies full knowledge and acceptance of these General Conditions of Sale and the Privacy Policy.
The products offered on the Site can be purchased only by consumer users pursuant to the Consumer Code (e.g. only users who purchase for purposes not related to commercial, craft, entrepreneurial or professional activity). Any purchase for resale activity is forbidden, so resellers, wholesalers are not allowed to place orders on the site.
With the electronic transmission of the Order Form, the buyer unconditionally accepts and undertakes to observe the provisions laid down in these General Conditions in relations with the seller.
If the User does not agree with some of the terms contained in the General Conditions of Sale, he/she is requested to refrain from making purchases on the Website.
To proceed with the online purchase of one or more products, the User can register in advance on the Website or conclude the purchase as a Guest User, providing the Seller with all of the data necessary to enable the latter to execute the orders submitted, in compliance with the provisions on personal data protection.
To conclude the purchase contract, the User must submit an order following the procedure referred to on the Website. The electronic submission of the order prompts the User to pay the price indicated.
To complete the purchase, the User is required to confirm payment of the price of the products in his/her cart. Orders that are not accompanied by their corresponding payments are cancelled automatically.
When the User places an order, he/she will receive an e-mail containing the confirmation of receipt and summary of the order: this communication will not constitute an automatic acceptance of the order.
The Seller reserves the right to refuse orders that are incomplete, incorrect, or by users with whom there is a dispute concerning the payment of a previous order.
In such an event, the User will receive an e-mail containing the notice of refusal of the order and the specific reason.
Products, prices and shipping costs
Before placing an order you are required to check the characteristics of the goods described in the product data sheets at the time of selection. The products being sold are detailed and illustrated in the electronic catalog published on the Site and displayed at the time your order is placed.
The product catalogue can be updated and modified periodically; as such, the permanence of a product among those available online is not guaranteed.
All prices are in euros and include VAT.
They are also reported in the foreign currencies USD and GBP.
Each product is presented by a descriptive sheet containing all of its basic characteristics. The images and colours of products offered for sale may not exactly correspond to those in real life due to causes not attributable to the Seller, and in any case due to settings of computer systems used by the User for viewing the Website. The images of the products must, therefore, be considered indicative and without prejudice to normal tolerances of use. The Seller hereby expressly declines any responsibility in this regard.
Standard shipping cost Italy € 5.00, free for orders over € 30.00
Standard shipping cost Europe € 29.00, free for orders over €…..
Standard shipping cost for the rest of the world€ 39.00, free for orders over € …..
Shipping costs are charged to the client based on the rates specified during the purchase process and in the order summary before proceeding to purchase and reported in the order confirmation e-mail.
Only the products indicated as available in the Site at the time the order is placed can be purchased. Should it happen that the product ordered is no longer available you will be promptly informed by YA.BE and you are given the opportunity to choose (i) whether to cancel the order and get a refund of any sum already paid (ii) accept, as an alternative to the unavailable product, the delivery of an equivalent product by type, quality and price (iii) wait until the product is available.
PAYMENT METHODS
For the payment for products and the relative shipping and delivery costs, if provided for, the User can follow one of the methods indicated in the Order Form.
In order to guarantee a maximum level of security, secure payment systems are used, through the payment gateway owned by the main payment circuits or platforms (Paypal and Stripe). The confidential data associated with the payment are not in any way recorded or known by ELEN-H, it is transmitted directly in encrypted form (SSL) and only the payment platform or circuit will receive specific payment data. ELEN-H is not responsible for any error or other incident caused by or attributed to the payment card processor.
In case of payment through PayPal, at the time of payment, you will be redirected directly to the site http://www.paypal.it/it. In case of cancellation of the order and in all cases of refund, for any reason, the amount paid will be credited to your PayPal account.
In case of payment by bank transfer, the shipment of the goods will be made when there is a confirmation of the credit in ELEN-H current account.
ELEN-H reserves not to accept the purchase order in the event of failure to authorize the payment through one of the payment methods provided.
DELIVERY METHODS
Deliveries will be made to the address specified in the order form by express courier from Monday to Friday (delivery on weekend and/or holidays is excluded) in ordinary office hours in the terms indicated in the order summary and in any case within thirty days from order acceptance. Shipping details and costs will be indicated in the Site before completing the purchase. In case of late delivery, please inform us as soon as possible by e-mailing us at info@elen-h.com
All our products are carefully packed in order to avoid and/or reduce accidents and damage during transport. Should you receive the package with wet, broken, tampered cardboard or with packaging obviously different from ours, we invite you to accept the package “with reserve” or not accept it in order to start a dispute with the courier. By accepting the package without reserve, you assume responsibility for the integrity of the content without the possibility to claim anything from ELEN-H as a refund.
In case of non-delivery due to the absence of the recipient, further delivery attempts will follow; in case all attempts should fail, you will be contacted and/or the courier will leave a notification to certify the failed delivery. The notification will show the courier contact to schedule an appointment for the delivery. In the absence of contact within 15 days, the contract will be terminated and the purchase order canceled with consequent reimbursement in case of already executed payment.
Where a Contract has been concluded and a supplier of ELEN-H does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User will be considered extended up to a maximum of 30 (thirty) days from the conclusion of the Contract.
In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the agreed deadline or within the deadline of 30 days, the User may invite to make the delivery within an additional period appropriate to the circumstances. If the additional term expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.
USER OBLIGATIONS
It is strictly forbidden for minors to place an order on the Website.
The data entered during the purchase phase must exclusively be real personal data and not of third parties, or false. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
The User holds the Seller harmless from any responsibility deriving from the issue of incorrect tax documents due to errors in data provided by the User, as the User is solely responsible for their correct entry.
LIABILITY
The Seller does not assume any liability for inconveniences due to force majeure such as accidents, explosions, fires, strikes, earthquakes and other events that prevent the execution of the contract in whole or in part within the agreed time.
The Seller will not be liable to any person or third parties regarding damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, as the customer is only entitled to the refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent and illegal use of credit cards, checks and other means of payment that may be made by third parties upon payment for the products. During the purchase procedure, the Seller is at no time able to know the credit card number of the User, which, by opening a protected connection, is transmitted directly to the manager of the banking service.
RIGHT OF WITHDRAWAL
If you are unsatisfied with your purchase you can exercise the right of withdrawal pursuant to and for the purposes of articles 52 and following of the Dgls 206 of 2005 within the term of fourteen days (14) days from receipt of the product, without penalty and without specifying the reason why, provided that the product is intact, with the original packaging and in conditions such as to allow its resale.
The right of withdrawal applies to the product purchased in its entirety (it will not be possible to exercise withdrawal only on part of the product purchased) and the purchased product must be intact, returned at your care and expense, in the original packaging, sealed and intact, complete in all its parts (including packaging and any documentation and accessory equipment). To limit damage to the original packaging, we recommend putting it in a second original box for shipping.
For products that are returned incomplete, damaged, ruined, or deteriorated, the amount will not be reimbursed
To exercise the right of withdrawal, simply send an email to info@elen-h.com with the following information:
- Name and surname;
- Order reference, date and number;
- Statement on the will to exercise the right of withdrawal
- Detail of items to withdraw (code and quantity);
- Bank details (IBAN and account holder) in case the order has been paid via wire transfer.
The return must be made within 14 days from receipt of the goods and must be addressed to the following address: ELEN-H SAS – Viale dei Mille 55 – 31015 Conegliano (TV) – Italia
In the case exercise of the right of withdrawal in the proper terms, ELEN-H will refund the total amount paid, excluding shipping costs, by crediting the same payment instrument used for the purchase or by bank transfer within 14 days from the date on which ELEN-H receives the goods subject to the right of withdrawal.
In the case of late exercise of the right of withdrawal, the goods will remain at the headquarters of ELEN-H, at your disposal for collection or, at ELEN-H’s choice, will be returned charging the shipping costs.
GUARANTEE OF CONFORMITY
The Seller is liable to the buyer for any lack of conformity of the products offered on its Website when the lack of conformity occurs within 24 (twenty-four) months from the date of delivery of the product.
ELEN-H is liable to you for any lack of conformity of the product at the time of delivery and which occurs within two years from delivery. The lack of conformity must be reported to ELEN-H under penalty of forfeiture within two months from the date on which it was discovered.
Lack of conformity means the purchased product is not suitable for the use for which it is intended, does not conform to the description given by the seller, and does not possess the usual qualities and performances that the consumer can reasonably expect from a good of the same type.
Defects of conformity deriving from damage due to accidental events or the User for non-compliant use of the product use are excluded from the legal guarantee.
Products under warranty are repaired or replaced free of charge. Products subject to negligence, misuse, or tampering are not covered by the guarantee. In any case, all the aesthetic parts, those subject to wear, and all the parts for which the proper use cannot be verified are expressly excluded from the warranty.
Intellectual Property rights
All intellectual property rights, including trademarks and distinctive signs, relating to the Site, to the platform connected to it, to its structure, and to all the functions present on the Site are property of ELEN-H, its partners and/or suppliers and/or licensees and are subject to copyright law.
It is strictly forbidden to use, copy, reproduce, transmit, sell, license, or, in any case, any use of the structure of the Site, its functionalities, trademarks, and distinctive signs, metatags and hidden text for purposes other than those provided for in these general conditions.
Applicable Law and Dispute resolution
Contracts concluded between users and ELEN-H are governed by the Italian law.
Without prejudice, in any case, to the user’s right to appeal to the ordinary judge, in the event of disputes between ELEN-H and the user arising from the present general conditions, ELEN-H informs you that you can pursue the procedure provided by the European platform online dispute resolution that can be reached at https://ec.europa.eu/consumers/odr, a platform that offers quick and inexpensive service to resolve all commercial disputes arising from the purchase of products and/or services online.
Customer Service and Complaints
You can contact the ELEN-H customer service for any information, notice, assistance request or complain, via e-mail, at the address info@elen-h.com