GENERAL CONDITIONS OF SALE

 

1. Scope of application and applicable legislation
   • These General Conditions of Sale (hereinafter GTC) govern the offer and distance selling of products marketed through the website www.labo0.it (hereinafter “Site”), by Ecommerce Lab Srls (hereinafter “Professional”), with registered office in Bari at Via Tridente n. 22 – 70125 – Bari (VAT number, tax code and registration number in the Bari Company Register 08334900720) – tel: 3925826765.
   • The sale of products by the Professional, via the Site, constitutes a distance contract, meaning, pursuant to art. 45 paragraph 1 letter g) of Legislative Decree no. 206/2005 (the so-called Consumer Code), " any contract concluded between the professional and the consumer within the framework of an organised remote sales or service provision scheme without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more means of distance communication up to the conclusion of the contract, including the conclusion of the contract itself" .
   • The sale referred to in the previous paragraph is directed exclusively to natural persons of legal age who are acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they may carry out (hereinafter the “Customer”, “Consumer” or “User”).
   • The relationship between the Professional and the Consumer is governed by Legislative Decree no. 70/2003, “Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce ”, as well as by the aforementioned Consumer Code and the provisions set out in these GTC, in force on the date the order is sent by the Consumer.
   • These GTC do not concern and do not regulate the offer and/or sale of goods and/or services by third parties other than the Professional, reachable via links, banners or other forms of hypertext connection that may be present on the Site.

2. Registration on the Site and conclusion of the contract

2.1 To proceed with the purchase of one or more products on the Professional's Website, the User must send an order proposal electronically.

2.2 To this end, once you have selected the product, you can proceed to the "quick checkout" by clicking the "buy with Apple Pay" button on the same page, or by clicking "other payment options" and selecting, on the next page, a payment method between "Shop Pay," "G Pay," and "Pay Pal." In all cases of quick checkout, the data required to conclude the contract, including shipping information, will be those previously communicated by the User to the chosen payment service provider.

2.3 Alternatively, it is possible to submit an order proposal after registering the User on the Site. Registration on the Site is permitted, free of charge, to Users who are at least eighteen years of age. To register, the User must provide a valid email address and a password of at least eight characters. The registration and authentication credentials (email address and password ) must be kept confidential by the User , must be used only by the User, and must not be shared or disclosed to third parties. The User must keep his or her registration credentials confidential and immediately change the password if he or she suspects that it has lost its confidentiality. In any case, the User guarantees that the information provided during registration (or subsequently) refers to him/her personally, is complete and truthful, and undertakes to hold the Professional harmless from any request and/or claim in any way attributable to use of the Site that does not comply with these General Conditions of Sale and/or any Conditions of Use of the Site.

2.3 Once registered, to submit an order, the User must click the "Add to Cart" button and, after accepting the "Terms and Conditions" of sale, click the "Checkout" button. On the next page, after entering their name and surname, a shipping address, and a telephone number, the User must click the "Proceed to Shipping" button. After choosing a shipping method from those available, the User must click the "Proceed to Payment" button and, on the next page, if they wish to receive an invoice, must enter their tax code and certified email address, as well as their billing address (if different from the shipping address). Then, after selecting their preferred payment method from those available, the User, having verified the accuracy of their contact information and shipping address, the main features of the product added to the cart, and the related costs, including taxes and any shipping costs, is required to correct any data entry errors by editing the necessary fields. Finally, by clicking the "Pay Now" button, the User proceeds with the purchase proposal. Pursuant to art. 1326 of the Italian Civil Code, the contract is deemed concluded only after the User receives the email confirming the Professional's acceptance of the purchase proposal.

2.4 The acceptance email is considered delivered to the recipient when it is made available to the email address indicated by the User, in the recipient's email inbox made available by the manager.

2.5 With the acceptance email, the Professional summarizes the general and specific conditions applicable to the contract, the information relating to the essential characteristics of the product subject to the purchase proposal and the detailed indication of the price, including taxes and delivery costs.

2.6 The order proposal and the related acceptance email are archived, in digital format, on servers managed by IT service providers on behalf of the Professional. If registered, the User may, at any time, view the purchase proposal by accessing their reserved area. Regardless of registration, the User may always request a copy of the contract from the Professional, consisting of the aforementioned order proposal and the related acceptance email.

3. Product information

3.1. The Site lists the main features of the products sold, which are also summarized on the shopping cart page and in the Professional's email accepting the purchase proposal.

3.2 The images reproduce the products as faithfully as possible, although they may differ slightly, for example in color or size, from the actual products due to the settings of the computer systems used by the User to view them. For these reasons, the images are indicative only.

 

4. Price Indication

4.1 All prices listed on the Site are in euros and include VAT. Shipping costs are specifically indicated separately, in euros, before the User proceeds with payment and submits the purchase proposal.

4.2 The Professional reserves the right to modify the prices of the Service at any time. The User will be charged the costs indicated in the summary resulting from the order proposal sent to the Professional, regardless of any price changes, whether upward or downward, that occur after said order proposal has been sent.

 

5. Shipping costs and times

5.1 The shipping costs of the product are borne by the Customer, unless otherwise indicated.

5.2 The product will be delivered to the address indicated by the Customer in the order proposal, within the deadline indicated by the seller in the acceptance email.

5.3 It is understood that the Professional is not responsible for any delays in delivery of the products, due to unforeseeable causes or causes not attributable to him.

5.4. Delivery takes place within 3 working days."

6. Legal guarantee of conformity

6.1 All products sold by the Professional are covered by the legal guarantee of twenty-four (24) months provided for by articles 130 and 132 of Legislative Decree no. 206/2005, for any lack of conformity existing at the time of delivery of the products themselves.

6.2 In the event of a confirmed lack of conformity, the Customer has the right to have the conformity of the goods restored - free of charge - through repair or replacement, or to an appropriate price reduction or termination of the contract.

6.3 The choice between repair and replacement of the product, as provided for in the previous paragraph, is possible except in the case where the requested remedy is objectively impossible or excessively onerous compared to the other; in particular, the chosen remedy is to be considered excessively onerous if it imposes unreasonable costs on the Professional compared to the other, taking into account:

- the value that the good would have if there were no lack of conformity;

- the extent of the lack of conformity;

- the possibility that the alternative remedy can be achieved without significant inconvenience to the Consumer.

6.4 A minor defect of conformity for which it is not possible to proceed with repair or replacement, or for which such remedies are excessively onerous, does not give the right to terminate the contract.

7. Right of withdrawal

7.1 The Customer has the right to withdraw within fourteen (14) calendar days from the moment in which he, or a third party, other than the carrier and the designated Customer, has acquired physical possession of the product, without having to provide any reason and without charges other than those provided by law and by these General Conditions of Sale.

7.2 To exercise the right of withdrawal, the Customer must send a communication, before the expiration of the aforementioned 14-day period, to "Ecommerce Lab Srls, Via Tridente n. 22 – 70125 – Bari". To this end, the Customer may send any explicit declaration that clearly states the intention to exercise the right of withdrawal.

7.3 In the event of withdrawal, the Customer must return the product(s) to the Professional within a maximum of fourteen (14) calendar days from the date on which he/she communicated to the Professional the exercise of the right of withdrawal. To this end, the deadline in question must be considered respected if the Customer has delivered the product(s) to the carrier for shipment within fourteen (14) calendar days.

7.4 In the event of withdrawal, the Professional will reimburse all costs incurred by the Customer, with the exception of those relating to additional costs, in the event that the Customer has expressly chosen a type of delivery other than the least expensive type offered by the Professional, without delay and in any case within fourteen (14) calendar days of receiving notification of withdrawal. The refund will be made using the same payment method used by the Customer during the purchase phase. The Professional may suspend the refund until receipt of the product(s), or until the Customer has demonstrated that he/she has returned the product(s), depending on which situation occurs first.

7.5 During the period within which the right of withdrawal can be exercised, in compliance with the principles of fairness and good faith, the product must be inspected and handled by the Customer with due diligence.

7.6 In the event of withdrawal, the Customer will be responsible for any decrease in value of the product(s) resulting from handling other than that necessary to establish the nature and characteristics of the product(s).

7.7 Withdrawal exercised in a manner that does not comply with these General Conditions of Sale and/or applicable laws, where prevailing, will not entail termination of the contract, nor any obligation to reimburse the Professional.

8. Competent court

8.1 For the resolution of any civil disputes arising from the interpretation, execution and termination of the Contract between the Professional and the Client, the jurisdiction lies with the Judge with headquarters in the place of residence or elected domicile of the Client.

8.2 Without prejudice to the provisions of the previous paragraph, the Customer is informed that, pursuant to EU Regulation no. 524/2013 and Legislative Decree no. 130 of 6 August 2015, an online platform for the resolution of disputes (ODR “ online dispute resolution ”) relating to the conclusion of distance contracts has been established by the European Commission, accessible at ec.europa.eu/consumers/odr/.

9. Processing of personal data

9.1 By registering on the Site and before submitting a purchase request, the User is required to read the information on the processing of personal data, for the purposes of concluding and executing the contract referred to in these General Conditions of Sale, published on the Site itself.