These general contract conditions (hereinafter also “General Conditions”) regulate the offer by Paez Guerrero di Eliana Franyezka (hereinafter also or Paez Guerrero di Eliana Franyezka) of products on www. vellutocosmetici.com (hereinafter also “Site”). The General Conditions must be accepted by the User when registering on the Site, in order to be able to take advantage of the offers formulated therein and proceed with the purchase of products. vellutocosmetici.com reserves the right to modify the General Conditions in whole or in part at any time, notifying Users via the Site with at least 30 days’ notice, if the methods of use have changed of the products and services offered. Users are therefore required to periodically consult this page, in order to always be informed about the conditions applied. It is understood that use of the Site following such changes entails tacit acceptance of the same.
Ownership of the Site – Type of offers
The Site is owned by Paez Guerrero di Eliana Franyezka, Via Scorcia 298045, San Pier Niceto (ME) Italy – Partita Iva 03770010837, Company Register REA: ME-259861. The products on the Site are resold by Paez Guerrero di Eliana Franyezka directly, also in the form of drop-shipping (hereinafter also “Direct Sales”) or by commercial partners (hereinafter forward also “Partner”) of Paez Guerrero di Eliana Franyezka. Unless otherwise specified on the detail page of the goods, it must be understood that the products are sold directly by Paez Guerrero di Eliana Franyezka. Conversely, in the case of the sale of products by a Partner, Paez Guerrero di Eliana Franyezka offers a mere intermediation service (hereinafter also “Intermediated Sale”) and operates in the name and for account of the Partner, remaining to all intents and purposes extraneous to the relationship, and therefore to the sales contracts stipulated between the User and the Partner itself. The products can be sold both through a permanent catalog and through “flash-deal” formulas, i.e. promotions which provide for product availability subject to quantitative and/or time limits. The product offering relates to the categories of bicycles, spare parts and components for cycling, clothing and accessories. Following a purchase transaction, Paez Guerrero di Eliana Franyezka will issue the User an order confirmation and an indication, in the case of Intermediate Sales, of the possible Partner who will ship the goods .
Registration on the Site
The Site is aimed exclusively at Users who are at least 18 years of age. Browsing and using the services offered within the Site are made accessible following the registration procedure. Registration is free. Users who register on the Site will have to provide some personal data and follow all the steps of the procedure (hereinafter also “Complete Registration”). At the time of complete registration, the User will be asked to choose a Username and Password, which the user undertakes not to transfer, even temporarily, to third parties and to keep with due care, diligence and secrecy under his own responsibility, establishing these credentials the only means to identify the User and to validate his access to the offers. The User is therefore informed that all actions carried out through the use of said credentials will be attributed to him and will have binding effect on him. The User is required to immediately inform Paez Guerrero di Eliana Franyezka of any unauthorized or improper use of his access credentials or to report any violations by third parties. If Paez Guerrero di Eliana Franyezka finds violations, it may, at its discretion, inhibit access, permanently delete the information contained therein or refuse the opening of new accounts by the same User. At any time the User may update and/or modify or request deletion of the information provided during Registration. In the event of a cancellation request, however, Paez Guerrero di Eliana Franyezka may temporarily retain, in whole or in part, such information, for the sole purpose of executing any purchases made and/or being able to conclude the procedures accounting and tax. Full Registration is necessary to proceed with the purchase of products and to access summary information relating to the activities carried out by the User on the site (also “Account”). Partial registration on the Site is also permitted (hereinafter also “Partial Registration”), by entering only the user’s email address. Partial Registration allows the user only to receive the newsletter, and not to proceed with the purchase of products and/or services, or in any case to carry out other operations on the Site.
Conditions of the offer
The object of Paez Guerrero di Eliana Franyezka offers is the purchase of goods at the prices indicated on the Site. Paez Guerrero di Eliana Franyezka reserves the right not to follow up on orders coming from subjects other than the “consumer” in accordance with its commercial policy. Prices are expressed in Euros and include VAT. Shipping costs for goods can be of a fixed or variable amount, calculated based on the weight, the number of items selected and/or the destination address of the goods. Shipping costs may also be included in the sales price of some items or be free if the total order amount is greater than a certain value or following a specific promotion. However, the User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment. The images accompanying the information sheets of a product or offer may not be perfectly representative of its characteristics but may differ in colour, size and accessory products present in the figure. All information supporting the purchase is to be understood as simple generic information material, therefore not referable to the real characteristics of a single offer. The validity of the offers may be subject to quantitative or temporal limitations, after which they may no longer be available. The validity date and/or available quantity of the offers are reported on the Site in such a way as to allow the User to become aware of them. Paez Guerrero di Eliana Franyezka may modify the duration or quantity of an offer at any time and at its discretion, it being understood that it will follow up on orders placed during the validity of a specific offer. An offer may be published several times over time, also following agreements with the Partner or supplier of the goods. In some cases it is possible that the availability of a good ends at a time following the purchase: in these cases Paez Guerrero di Eliana Franyezka, if the conditions are met, will reimburse the User. it is also possible that for some offers of goods a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he may receive a different variant of the product than to the one chosen during the purchase phase. In the case of promotional sales or through flash-deal formulas as specified above, the full price indicated in the offer (“Barred price”) and against which the discount that Paez Guerrero di Eliana Franyezka applies is calculated may correspond to: (i) the public list price indicated by the supplier; (ii) the results of market surveys. The methods for calculating the Strikethrough Price vary from product to product. Paez Guerrero di Eliana Franyezka may also provide a monthly subscription service (“Subscription Service”), i.e. in a continuous manner and following a request for activation of the service by the User and until the which the User does not request deactivation. The service provides, upon payment by the User of a fee indicated on the Site, the supply and related delivery of goods and/or products selected by Paez Guerrero di Eliana Franyezka in full discretion among those provided in the catalogue.
Purchase procedure and payment methods
Having taken note of the conditions of the offer, the User will be able to complete the purchase by following the procedure on the Site. Before finalizing the purchase, a summary will be displayed indicating the unit cost of the selected good and the total, in case of purchase of multiple quantities of the same item or different items. The cost of any shipping, delivery or postal costs can be fixed or variable, calculated based on the weight of the goods, the number of items selected and/or the destination address indicated by the User during the purchase process. Shipping costs may also be included in the sales price of some items or be free if the total amount of the order is greater than a certain value or following a specific promotion. However, the User is always informed of the amount of shipping costs before concluding the purchase procedure and making the payment. Once the purchase has been completed, the User will have to proceed with the payment, which will be made to Paez Guerrero di Eliana Franyezka, both in the case of Direct Sales and in the case of Intermediate Sales. In the case of Intermediate Sales Paez Guerrero di Eliana Franyezka will receive the payment in the name and account of the Partner, therefore always remaining extraneous to the relationship between the Partner and the User. Unless otherwise specified on the detail page of the goods, it must however be understood that the products are sold directly by Paez Guerrero di Eliana Franyezka. Following successful payment, the User will receive a confirmation email containing information relating to the offer purchased. The email will also contain a reference to these General Contract Conditions. The confirmation will contain a summary of the delivery and billing address. The shipment of the goods takes place within the times indicated in the order confirmation. Delivery times are also indicated before concluding the purchase procedure in the cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to predict possible delays due to the courier in charge of delivery to the Customer or other causes due to third parties or force majeure not attributable to , by sending an email to info@vellutocosmetici.com, in order to allow Paez Guerrero di Eliana Franyezka to verify what happened and, if necessary, proceed with the reimbursement of the amount paid.
The accepted payment methods, unless otherwise specified or agreed with the User, are: credit card and prepaid cards of the Visa, Mastercard, Maestro, Postepay, Discover (Diners Club International and Pulse) circuits via Paypal, with PayPal account and bank transfer. Paez Guerrero di Eliana Franyezka may, in some or all cases and at its sole discretion, offer the alternative payment method by cash on delivery (cash upon delivery of the goods). The amounts due will be charged, unless otherwise specified in the terms of the offer, at the time of confirmation of payment. In the case of a bank transfer, upon confirmation of the order, the bank details (IBAN), the amount of the transfer and the order number will be indicated. Payment by bank transfer must take place within the terms indicated and in any case no later than 2 days from the order confirmation, a deadline beyond which it may not be possible to guarantee the dispatch of the goods: in this case will re-credit to the sender, without additional costs and by bank transfer, any payment received after the deadlines. In the case of a Subscription Service, the User authorizes Paez Guerrero di Eliana Franyezka to periodically charge the fee to the credit or prepaid card. In this regard, the User declares and guarantees the availability of the sum necessary to pay the fee. If the User realizes that he has provided incorrect and/or incomplete information regarding his personal details or the shipping address of the goods, he must communicate it promptly and within the deadlines for processing the orders, by sending an email to the address info@vellutocosmetici.com. In all cases, the User is solely responsible for any incorrect and/or incomplete indication of personal details or delivery address, with the consequent possibility of loss of the sum paid if the goods are delivered to strangers.
Security in transactions
Paez Guerrero di Eliana Franyezka is very attentive to the safety of its Users. Paez Guerrero di Eliana Franyezka does not process and does not store payment title data (e.g. credit card numbers), which are processed and/or stored by the relevant payment service providers. In fact, the actual payment takes place through protected and encrypted payment data entry fields, served directly by the payment service. Only once the transaction has taken place, the banking service provider communicates to Paez Guerrero di Eliana Franyezka the outcome of the payment, without providing any sensitive information. For this reason, Paez Guerrero di Eliana Franyezka has no power over any refusal of the credit card used for payment. Paez Guerrero di Eliana Franyezka cannot therefore be held responsible in any way for direct or indirect consequences deriving from the use of the credit card by the user to pay for the products and/or services purchased . Browsing on Paez Guerrero di Eliana Franyezka is protected and encrypted with a “128/256-bit Let’s Encrypt SSL” security certificate. It is also possible to verify the authenticity of the certificate and its ownership by clicking in the appropriate protection section of the browser in use, generally next to the address bar, on the title of the page or on the status bar.
Coupon
Paez Guerrero di Eliana Franyezka can issue discount codes (hereinafter also “Coupons”) that the User can use when purchasing the products. Coupons are issued in the form of an alphanumeric code and their value (in euros) is established unquestionably and at its sole discretion by Paez Guerrero di Eliana Franyezka. The Coupon can be entered by the User in the appropriate “Coupon” field when placing the order. The Coupon entered in this way will be automatically deducted, and before payment, from the total amount of the order excluding any shipping costs. Coupons with percentage discounts are not applied to products already on promotion. Coupons are generally usable by the user for a limited period of time, after which they will no longer be usable. The Coupon may be subject to a minimum spending amount below which its use will not be possible. Unless otherwise specified, the Coupon is personal and linked to the User’s Account and can be used for a single purchase, after which it will be automatically invalidated. Coupons cannot be combined. Coupons may not be sold, assigned and/or transferred to third parties except with the express authorization of Paez Guerrero di Eliana Franyezka. Paez Guerrero di Eliana Franyezka reserves the right to cancel any Coupon previously issued, even before its expiry, without the obligation to justify the reason and without the right to compensation or compensation. Paez Guerrero di Eliana Franyezka may also issue Coupons to Users who invite acquaintances, friends and family to view the Site’s offers and register on the Site. To carry out this procedure, the Site may provide some features such as “Recommend to a friend”, “Send an offer by email”, “Share on Facebook”, “Twitter”, other social networks etc. In the case of an active procedure, for each new guest who purchases an offer within a certain time period, Paez Guerrero di Eliana Franyezka will be able to give the User a Coupon, of a value determined from time to time at discretion of Paez Guerrero di Eliana Franyezka, to be used on your Account for a subsequent purchase. Paez Guerrero di Eliana Franyezka reserves the right to eliminate Coupons issued to users who make improper use of them, without notice and without the right to compensation or compensation.
Shipping and delivery
Paez Guerrero di Eliana Franyezka and its possible Partners accept orders for delivery exclusively on Italian territory, including islands, with the exception of San Marino, Vatican City, Livigno and Campione d’Italia. The goods will be shipped within the maximum time indicated in the offer conditions and, for timed offers (flash deals), it could start from the end of the offer. The shipment of the goods takes place within the times indicated in the order confirmation. Delivery times can also be indicated before concluding the purchase procedure in the cart summary or on the product page. This information is indicative and does not represent a certain date, as it is not always possible to predict possible delays due to the courier responsible for delivery to the Customer. In any case Paez Guerrero di Eliana Franyezka, unless otherwise specified on the product sheet, undertakes to deliver the goods within 10 working days from the order date and on average deliveries take place in 48/72 working hours throughout Italy with the exception of the islands where average delivery times are over 72 working hours. In the remote event that the goods become unavailable for any reason after receiving the order, a refund of any payment received will be issued, at no cost to the User. The User may be informed via email of the moment in which the product is shipped by Paez Guerrero di Eliana Franyezka, whether it is a Direct Sale or an Intermediate Sale, in the latter case at the moment in which which the Partner will notify Paez Guerrero di Eliana Franyezka of the shipment. The User will be notified, if available, of the name of the courier and the shipment tracking code (Waybill or “Tracking”), through which it will be possible to follow its status. This information, if available, will also be visible within the User Account. Paez Guerrero di Eliana Franyezka cannot guarantee that multiple products purchased at the same time will be delivered in a single shipment, nor that any different shipments will arrive at their destination at the same time. The offers, in fact, may refer to products supplied by different Partners and/or not come from a single centralized warehouse. It is not possible to guarantee a precise delivery date or time as this depends on the courier, the destination address and the person in charge of delivery. Paez Guerrero di Eliana Franyezka cannot therefore be held responsible for any direct or indirect consequence deriving from these timing. Delivery of what is ordered is intended, unless otherwise specified during the purchase process, at street level. In the case of shipping bicycles or potentially fragile goods, Paez Guerrero di Eliana Franyezka uses packaging made to guarantee the integrity of the product. In any case, upon delivery of the goods by the courier, the User will be required to verify that the packaging is intact, not damaged, or otherwise altered, including the closing materials (adhesive tape or straps) or that there are no liquid leaks. Any damage to the packaging and/or to the product must be immediately contested by the User, placing a written control reservation (and specifying the reason for the reservation, e.g. “Laundry packaging”, “Crushed packaging”, etc.) on the document courier delivery. Once this document has been signed, the User will no longer be able to make any objections regarding the characteristics of what was delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 3 days of delivery by writing an email to: info@vellutocosmetici.com or to the email address, if any, of the Partner indicated in the order confirmation and within the User Account. In case of failure to deliver the goods within the indicated times, the User will be required to notify Paez Guerrero di Eliana Franyezka, who will verify with the Partner and/or directly with the courier, the shipment status and any anomaly. Following a shipping anomaly (for example a package lost or destroyed during transport), Paez Guerrero di Eliana Franyezka will carry out in the case of Direct Sales or request, in the case of Direct Sales in drop mode shipping or Intermediate Sales, a new shipment of the product, compatibly with the availability of the same in the warehouse or at the Partner, without further costs or burdens for the user, or, to fully refund the order in the case of Direct sales or to make so that the Partner (directly or through Paez Guerrero di Eliana Franyezka ) proceeds with the refund in the event of an Intermediary Sale.
Product conformity guarantee
Paez Guerrero di Eliana Franyezka operates diligently and in absolute good faith in selecting suppliers and Partners, verifying their actual suitability to supply the products in the quantities and according to the characteristics described in the purchase offers, without prejudice to that Paez Guerrero di Eliana Franyezka cannot be responsible for damages to persons resulting from any infringement by the manufacturers. In any case, Paez Guerrero di Eliana Franyezka cannot guarantee the completeness of either the content of the information provided by the Supplier or the Partner, nor the perfect correspondence of what is described in the product or offer sheet with the product actually delivered, as well as the legitimacy of the use by the Supplier or Partner of the images, videos and distinctive signs. The User is also aware that the images used on the proposals may sometimes only be indicative of the product and may not always faithfully represent the product delivered. In the case of Intermediate Sales, and therefore of products supplied directly by a Partner, the latter will be solely responsible for the conformity of the products under warranty. Any complaints must be sent directly to the Partner via email to the address contained in the purchase confirmation and for information also to info@vellutocosmetici.com. The Partner will indicate how to verify, repair or replace the goods, or authorize Paez Guerrero di Eliana Franyezka to issue a refund to the User. In the case of Direct Sales, Paez Guerrero di Eliana Franyezka will be directly responsible for the conformity of the products under warranty. In the event of products that are found to be non-compliant, the User will contact Paez Guerrero di Eliana Franyezka by sending an email to: info@vellutocosmetici.com. Paez Guerrero di Eliana Franyezka will indicate a repair center suitable for checking and repairing the goods under warranty or, once the anomaly has been directly verified, for the subsequent repair or replacement or for carrying out the refund through crediting on the title originally used for payment or to the issue of a Coupon for an amount equal to the amount of the product purchased. In any case, the legal guarantee is reserved for consumers or individuals who have made a purchase on Paez Guerrero di Eliana Franyezka for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
Withdrawal
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with Paez Guerrero di Eliana Franyezka or with the Partner without any penalty and without having to provide any reason, within 14 working days pursuant to and for the purposes of the art. 52 paragraph 1 of the Consumer Code, which start from the day of receipt of the product purchased on Paez Guerrero di Eliana Franyezka. The withdrawal may be exercised by the Customer, pursuant to art. 54 paragraph 1 Consumer Code, using the withdrawal form referred to in Annex I, part B of the Consumer Code or by submitting any other explicit declaration of your decision to withdraw from the contract, to be sent either by return letter to Paez Guerrero di Eliana Franyezka, Via Scorcia 298045, San Pier Niceto (ME) Italy or by PEC to the address paezguerrero@pec.it, or, in the case of Sale Intermediated, also to the Partner’s email address indicated on the purchase confirmation page and also present in the User Account, also making Paez Guerrero di Eliana Franyezka aware. The return letter and the email must contain the indication of the product and the order number. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the procedure indicated above, is borne by the User. Following the correct exercise of the withdrawal, unless Paez Guerrero di Eliana Franyezka or the Partner collects the goods directly, the User will have the burden of returning the goods without undue delay and in any case within 14 days from the date on which the User communicated to Paez Guerrero di Eliana Franyezka or to the Partner his decision to withdraw from the contract pursuant to art. 54, c. 4. The User must visibly apply, on the packaging, the document received from Paez Guerrero di Eliana Franyezka following the notice of withdrawal referred to above, which already indicates the delivery address shipping and order details necessary to identify the return at destination. The User is advised to include a copy of this document also inside the packaging, in order to avoid loss or the impossibility of identifying the return once it has arrived in the warehouse. The related shipping costs of the goods will be borne by the User, unless Paez Guerrero di Eliana Franyezka has not informed the same in this regard upon conclusion of the contract, in accordance with the art. 57 paragraph 1 of the Consumer Code. The goods must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all accessories and illustrative sheets, identification tags and original labels, where present, still attached to the goods and intact. and not tampered with, as well as perfectly suitable for the use for which they are intended and free of signs of wear or dirt. As required by the art. 57 paragraph 2 of the Consumer Code, the User is responsible for any decrease in value resulting from manipulation of the good other than that necessary to establish the nature, characteristics and functioning of the good itself. In this case Paez Guerrero di Eliana Franyezka, upon written communication to be sent to the User within 5 working days of receipt of the goods, may reduce the amount of the refund due to this decrease in value, providing the itself, in the event that the refund has already been paid, the bank details for the payment of the amount due by the User due to the decrease in value of the asset. Paez Guerrero di Eliana Franyezka may refuse to accept a return for food products that have been even partially consumed. Pursuant to art. 59 of the aforementioned Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Exceptions to the right of withdrawal
In any case, it is understood that, with reference to the provision of services, the right of withdrawal cannot be exercised by the User after the complete supply of the products by Paez Guerrero di Eliana Franyezka if the supply itself has begun with the express agreement of the User and the User has accepted to lose the right of withdrawal following the full execution of the service by Paez Guerrero di Eliana Franyezka. In any case, pursuant to art. 59 of the Consumer Code, goods made to measure or personalized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Refunds
Any disbursement of sums by way of reimbursement by Paez Guerrero di Eliana Franyezka, if due, will take place pursuant to art. 56 paragraph 1 of the Consumer Code in the shortest time possible, and in any case no later than 14 days from the date on which the event that gave rise to the refund occurred and in case of withdrawal, from the day on which the User became aware of the relevant exercise. Paez Guerrero di Eliana Franyezka will carry out the refund using the same payment method used by the User for the initial transaction, unless expressly agreed otherwise with the User and provided that the User does not incur any costs as a consequence of the use of the different means of payment. If the User has expressly chosen a different type of delivery which involves higher delivery costs than those connected to the standard delivery offered by Paez Guerrero di Eliana Franyezka (“Additional Costs”), the latter will not will be required to reimburse the relevant Additional Costs. It is understood that, with the exception of cases in which Paez Guerrero di Eliana Franyezka has decided to collect the goods directly, Paez Guerrero di Eliana Franyezka may withhold the refund until has received the goods or until the User has demonstrated that he has sent back the goods, whichever occurs first.
Conciliation procedure. Applicable law and competent court
These General Conditions will be governed in every aspect by Italian law. For any dispute concerning the interpretation, execution and/or termination of the contract between the User and Paez Guerrero di Eliana Franyezka, in the case of Direct Sales, or between the user and the Partner in the case of Intermediate Sale, the Parties recognize that the Judge of the place of residence or domicile of the User will be competent, if the same is to be considered a “consumer” based on the laws in force on the matter. However, if the User is a professional, in the case of Direct Sales the Court of Barcellona Pozzo di Gotto will be competent, while in the case of Intermediate Sales the Court of the Partner’s place of domicile will be competent.
Alternative dispute resolution (so-called Alternative Dispute Resolution / On Line Dispute Resolution) and Netcomm Joint Conciliation
Paez Guerrero di Eliana Franyezka informs the consumer User pursuant to article 141-sexies of the Consumer Code that, if he has submitted a complaint to Paez Guerrero di Eliana Franyezka , but was not satisfied with the outcome of the same or did not receive feedback within 30 days, he can initiate the joint conciliation procedure established by the Netcomm Consortium. The User can find more information on this procedure as well as the link to the relevant regulation at http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl. Paez Guerrero di Eliana Franyezka also informs the consumer User that with EU Regulation 524/2013 of 21 May 2013 a European platform for the online resolution of consumer disputes has been established which can be reached at the following address http:/ /ec.europa.eu/consumers/odr/ (“ODR Platform”). Through the ODR Platform the consumer will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved. For further information you can contact Paez Guerrero di Eliana Franyezka via email: info@vellutocosmetici.com.