Terms and conditions of service
This site (“www.selleriashinelab.com”) belongs to the sole proprietorship Selleria Shine Lab and develops e-commerce activities for products marketed by the same company VAT number: 04077750364 registered with the Chamber of Commerce of Modena. Any information, support, request or complaint can also be sent to the email address selleriashinelab@gmail.com.
This site is dedicated to the promotion and online sale of products. The Customer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity carried out. Purchases made on www.selleriashinelab.com are governed by these general conditions of sale, which can be modified at any time by Selleria Shine Lab with effect from publication on the site. The sending of the order by the Customer is equivalent to acceptance of the conditions of sale published on the site at that time. Selleria Shine Lab complies with the legislation on distance contracts pursuant to art. 50 and following of Legislative Decree no. 206 of 6 September 2005, as well as that relating to electronic commerce pursuant to Legislative Decree no. 70 of 9 April 2003. These general conditions must be considered an integral and substantial part of the contract.
Selleria Shine Lab invites the Customer to carefully read the conditions below, and to print them and/or save them on another durable medium accessible to him.
1 Definitions
1.1 The expression "online sales contract" means the sales contract relating to tangible movable goods or services marketed by Selleria Shine Lab, stipulated between the latter and the consumer, within the scope of a remote sales system via telematic tools, organised by Selleria Shine Lab
1.2 The expression "Customer" means the consumer, a natural person, who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity carried out by the same.
2 Object of the contract
2.1 With this contract, respectively, Selleria Shine Lab sells and the Customer purchases remotely, through telematic tools, the tangible movable goods or services indicated and offered for sale on the site www.selleriashinelab.com
2.2 The products referred to in the previous point are illustrated on the site www.selleriashinelab.com and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in color, size and accessory products.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products carried out by third parties who use direct links to the site www.selleriashinelab.com through banners or other hypertext links/links. Selleria Shine Lab may in no case be held responsible for the supply of services promised by third parties or for the execution of e-commerce transactions between Selleria Shine Lab customers and third parties.
2.4 Selleria Shine Lab reserves the right not to process orders received from users who are not “Customers”, as well as any other order that does not adhere to the commercial policy of Selleria Shine Lab.
3 Stipulation and conclusion of the contract
3.1 The contract between Selleria Shine Lab and the Customer is concluded via the Internet, where, following the procedures indicated, the Customer will formalize the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the previous article.
3.2 The purchase contract is concluded by completing the following procedure, available only in Italian, which can always be corrected, modified and cancelled, up until the moment the order is sent:
– by accessing the website www.selleriashinelab.com the Customer, after registering for the purchase, must add the desired products to the cart, complete all the subsequent pages, following the instructions, and electronically transmit to Selleria Shine Lab the page with all the personal data and the purchase order;
– the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and the relative price (including VAT), the type of payment chosen for the purchase, the conditions for the delivery of the products, the contributions required for delivery and transport as well as references to the general terms and conditions for the return of products purchased online;
– before proceeding with the order submission, the Customer will be asked to identify and correct any possible errors that may have occurred while filling in the fields and to carefully read the general terms and conditions that regulate the sale and purchase, to print a copy of the same using the print option and to save or request a copy for personal use;
– an order will be considered sent when Selleria Shine Lab receives the order proposal electronically and the information relating to the order has been preliminarily verified as correct.
3.3 The order sent by the Customer will be binding for Selleria Shine Lab only if the entire order procedure has been completed regularly and correctly, without any error messages being highlighted by the website, and after Selleria Shine Lab has sent the Customer an order confirmation email. The email contains the Customer and order details, a summary of the general and specific conditions applicable to the contract, the price of the goods purchased, the chosen payment method, the transport costs, the applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the accuracy of the data contained therein and to promptly communicate any corrections to Selleria Shine Lab at the addresses indicated above.
3.4 By placing an order, the Customer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts these general conditions of sale. By sending the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due pursuant to these general conditions of sale. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
3.5 Selleria Shine Lab may not accept and process the order if there are insufficient guarantees of solvency of the payment, if the orders are incomplete or incorrect, or if the products are no longer available. The orders will also not be accepted and processed by Selleria Shine Lab if it is evident that - in relation to the content of the order itself (price, quantity) a recognisable error has occurred (1431 c.c.) or a situation that is clearly in conflict with the will - of Selleria Shine Lab or the Customer - to proceed with the purchase subject to the order (by way of example, consider the purchase of a product at a clearly non-market price, adding a large quantity of the same product to the virtual cart that has been reported by the customer as an error). In the cases mentioned above, the Customer will be informed by e-mail that the contract has not been executed and that Selleria Shine Lab has not confirmed the purchase order, specifying the reasons. In the event that the Customer has already paid the price of the products subject to an unprocessed order, Article 6.2 will apply.
3.6 Pursuant to art. 12 of Legislative Decree 70 of 2003, Selleria Shine Lab informs the Customer that each order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer may request a copy from Selleria Shine Lab at any time.
4 Payment methods
4.1 Each payment by the Customer may only be made using one of the methods indicated on the website www.selleriashinelab.com. Credit cards from the major international circuits and prepaid and rechargeable cards issued by banks present in Italy are accepted:
VISA, MASTERCARD, AMERICAN EXPRESS; payment via PAYPAL is also accepted.
4.3 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, to protect the customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed via email.
4.4 Communications relating to the payment and the data communicated by the Customer when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
5 Prices
5.1 The sales prices displayed on the website www.selleriashinelab.com.it are to be understood as inclusive of VAT and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email, without considering price increases or decreases, including for promotions, that may have occurred subsequently. The provisions of the previous article 3.6 remain valid.
5.2 Shipping costs, to be paid by the customer for orders under € 199, are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
5.3 The issuing of an invoice is not mandatory, if it is not requested by the Customer no later than the time of carrying out the transaction, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. By sending the order to Selleria Shine Lab, the Customer agrees to receive the invoice/receipt in electronic format. The Customer may receive the invoice/receipt in paper format by making an express request to Selleria Shine Lab. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
6 Product availability
6.1 Product availability refers to the moment in which the Customer consults the product sheets; this must however be considered purely indicative because, due to the simultaneous presence of multiple users on the site, the products could be sold to others before the order is confirmed. In any case, Selleria Shine Lab cannot be held liable in the event of unavailability of one or more products.
6.2 Selleria Shine Lab will not be responsible in any way for the temporary or permanent unavailability of one or more products. The site highlights the cases in which limitations on the purchase of individual products apply. In the event of unavailability, even temporary, of the requested products, Selleria Shine Lab undertakes not to charge the Customer the corresponding price. If the order has been sent and the price has already been paid for the items that are no longer available, Selleria Shine Lab will refund the Customer the full amount paid for those items.
6.3 Even after Selleria Shine Lab has sent the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, the Customer will be promptly informed by written communication or by e-mail and will be able to decide whether to accept delivery of only the available products, obtaining a refund for the unavailable ones, or whether to request cancellation of the order, with consequent refund of any amounts already paid, communicating this via e-mail to Selleria Shine Lab.
6.4 For the eventuality referred to in the previous point, the Customer can choose, at the time of sending the order, whether to accept a different supply from the one agreed, of the same value.
7 Delivery methods
7.1 Selleria Shine Lab will deliver the selected and purchased products via express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary e-mail referred to in point 3.3.
7.2 Orders will be processed as soon as they are received. Selleria Shine Lab undertakes to
deliver the products in the shortest possible time.
7.3 The total amount of the expenses will be visible before proceeding with the confirmation of the purchase.
7.4 The shipped goods will be checked and delivered to the carrier intact and without defects. Selleria Shine Lab cannot be held responsible in any way for any delays or damages attributable to the carrier's fault.
7.5 The ordered goods depend exclusively on the will of the Customer. If they are refused, Selleria Shine Lab will charge the Customer for the return shipping costs.
8 Responsibility
8.1 Selleria Shine Lab assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the Internet network, in the event that it is unable to execute the order within the timeframes set out in the contract.
8.2 Selleria Shine Lab will also not be responsible for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the same, and unless they depend on an act or omission by Selleria Shine Lab, the Customer being entitled only to a full refund of the price paid.
8.3 Selleria Shine Lab cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained on the site, if they have been communicated by third parties and have been verified by Selleria Shine Lab according to the criteria of ordinary diligence.
8.4 Selleria Shine Lab assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8.5 Capacity to contract. The buyer declares that he/she has full capacity to act and stipulate a purchase contract for the products and/or services on the Website based on these General Conditions of Sale. Selleria Shine Lab cannot in any case be required to verify the capacity to act of visitors and Buyers of the Selleria Shine Lab Website. In the event that a person who does not have the necessary capacity to act (for example a minor) places an order on the Website, Selleria Shine Lab may legitimately refuse to finalise the purchase order.
9 Right of withdrawal
9.1 The Customer has the right to withdraw without any penalty and without specifying the reason, within fourteen days from the day on which the Customer acquires physical possession of the goods provided that the following conditions do not occur:
• Even partial use of the goods and any consumables;
• Lack of the external packaging and/or original internal packaging;
• Lack of product components (accessories);
• Damage to the product for reasons other than its transport
In the cases indicated above, Selleria Shine Lab will return the goods to the user, charging the shipping costs.
9.2 To return a product, it is necessary to send an email to the address: selleriashinelab@gmail.com , communicating the decision to exercise the right of return within 14 days of receiving the product. The Customer must prepare the package with the intact product, its tag, the box, the bag and any other products or accessories included and send them in its original packaging. NB: the product and its accessories must not have been used or tampered with. The package must be sent, at the customer's expense, with the courier of their choice to the address:
SELLERIA SHINE LAB
Strada Martiniana, 276
41126 Modena (MO)
Once the package has been received, the assistance team will evaluate the conditions of the product sent and will issue the refund. The refund will be issued within 10 working days via bank transfer.
9.3 To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
9.4 If the Customer withdraws from this contract, all payments made to Selleria Shine Lab (excluding delivery costs) will be refunded without undue delay and in any case no later than fourteen days from the day on which Selleria Shine Lab was informed. Said refunds will be made via bank transfer; in any case, you will not have to bear any costs as a consequence of such reimbursement. Selleria Shine Lab reserves the right to withhold the reimbursement until it has received the goods or until the Customer has demonstrated that he has sent back the goods, depending on which situation occurs first.
9.5 In case of exercising the right of withdrawal, the Customer returns the goods or delivers them to:
SELLERIA SHINE LAB
Strada Martiniana, 276
41126 Modena (MO)
without undue delay and in any case within fourteen days from the date on which he communicated to Selleria Shine Lab his decision to withdraw from the contract. The direct cost of returning the goods remains the responsibility of the Customer.
9.6 The Customer is responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. Furthermore, if the product or its accessories have been used or tampered with, the return will not be accepted.
9.7 If the right of withdrawal is exercised, Selleria Shine Lab will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
10 Customer Obligations
10.1 The Customer undertakes to pay the price of the purchased goods within the time and manner indicated in these General Conditions of Sale.
10.2 The Customer undertakes, once the online purchase procedure has been concluded, to print and keep these General Conditions of Sale, which will have already been expressly accepted before the conclusion of the procedure.
10.3 The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false and/or invented and/or imaginary data. The Customer holds Selleria Shine Lab harmless from any liability arising from the issuing of incorrect tax documents due to inaccurate data provided by the Customer.
11 Intellectual Property
11.1 All content (including, but not limited to, logos, texts, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination thereof) available on the Site (“www.selleriashinelab.com”), is owned by or licensed by “Selleria Shine Lab”, and is protected by copyright laws and related international treaties. Such rights are reserved by “Selleria Shine Lab”.
11.2 The “Selleria Shine Lab” trademark as well as all trademarks, whether figurative or not, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on our Products, on the Site, on accessories or packaging, whether registered or not, are and remain the exclusive property of “Selleria Shine Lab” and/or its licensors and are protected by applicable trademark laws and related international treaties. These rights are reserved to “Selleria Shine Lab”.
11.3 All other intellectual property rights (including, without limitation, registered and unregistered designs and models, copyrights and patents) present on the Site or connected to it, are and remain the exclusive property of “Selleria Shine Lab” and / or its licensors and such Intellectual Property Rights are protected by intellectual property laws and related international treaties. These rights are reserved to “Selleria Shine Lab”.
12. Delivery problem dependent on the carrier’s actions
12.1. All products leave the Selleria Shine Lab warehouse in perfect condition. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, deteriorated product, etc.) must imperatively be indicated on the delivery note in the form of a “handwritten reservation”, accompanied by the Buyer’s signature.
12.2 The Buyer must simultaneously confirm these anomalies by sending a registered letter with acknowledgement of receipt to the carrier within (2) two working days after the delivery date, clearly setting out the complaints. He must also send a copy of said registered letter to the address of Selleria Shine Lab. Failing this, Selleria Shine Lab will not proceed with the exchange of the products.
12.3 As with any shipment, it is possible that a delay may occur or that the product may be lost. In this case, Selleria Shine Lab will contact the carrier to start an investigation. Every effort will be made, with the necessary time, to find the package. In the event of a negative outcome, Selleria Shine Lab (who will be reimbursed by the carrier) will deliver a new, identical product, at its expense. Selleria Shine Lab declines all responsibility for the extension of delivery times dependent on the carrier's actions, especially in cases of loss of products, bad weather or strikes.
13. Dispute resolution
13.1 For any dispute arising from this contract, the Buyer must first contact Selleria Shine Lab to seek a consensual solution. If the Parties intend to resort to the ordinary Judicial Authority, the competent Court is that of Modena (MO).
14. Applicable law and referral
14.1 This contract is governed by Italian law.
15. Final clause
15.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously entered into between the parties and concerning the subject of this contract.