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Terms and Conditions

This document contains the general conditions of sale (hereinafter “General Conditions”) of the GIADO Srl (VAT number 03826520714, REA number FG-277519) with registered office in Via Roccantonio F. D’Amelio 7 , 71122 Foggia, Italy (hereinafter for brevity “Seller”), for the sale of products through this online site GOLDEN BEAUTY SHOP available at https://goldenbeautyshop.it.

1. SUBJECT AND REGISTRATION ON THE WEBSITE

1.1 The General Conditions set out below regulate all sales contracts relating to beauty products sold on this site (hereinafter and for brevity referred to as “Products”) to be stipulated between the Seller and the person who submits the purchase order for the Products (hereinafter, the “Buyer”). These contracts may only be stipulated electronically, via an online service managed by the Seller, accessible through the e-commerce platform provided through the website https://goldenbeautyshop.it (the “Site”), of which the Seller is the exclusive owner, which provides the Buyer with access to discover and purchase the Products through various electronic interfaces (the “Service”); all purchases of digital content made with the Service will be processed by the Seller acting exclusively in its own name. The Buyer, through a natural person authorized by the same, is required to register as a user on the Site; by registering, the Buyer, by accessing and using the Service, confirms that he has read, understood and accepted the terms of use of the Site as indicated at the bottom of the same in the “Legal Notes” as well as having read the “Privacy” information also it contained on the Site and, furthermore, confirms that it is legally bound by it. The Buyer is authorized to use the Service only if he accepts all the applicable rules referring to this contract. Registration requests are in any case subject to discretionary approval by the Seller.

1.2 The Buyer must have a password and an account in order to complete the registration process for the Service as well as indicate his email address and anything else requested by the Seller through the Service. The Buyer is required to maintain the confidentiality of the assigned password and account and will be solely responsible for all activities carried out under his password or account. The Buyer further agrees to: (a) immediately notify the Seller of any unauthorized use of its password or account or any breach of security; (b) ensure that you log out of your account at the end of each session. The personal information that the Buyer provides in the registration form will be collected in accordance with, and for the purposes expressly defined in, the Seller’s “Privacy” information, as reported on the latter’s Site.

1.3 It is understood that the Seller sells its Products exclusively to end customers through the Service. It is solely responsible for the quality of the product sold, and is the person to whom the Buyer must contact to assert his rights in terms of reimbursement, return of the product and request for warranty procedures, according to the legislation in force at the time of the purchase.

1.4 The Seller reserves the right, at its discretion, to change, modify, add or eliminate part of the conditions of use of the site (the “Legal Notices”) as well as the General Conditions at any time without further notice. In these cases, the Seller will publish changes to the terms and conditions of the Service. If the Buyer continues to use the Service after the application of the changes to the Legal Notes and the General Conditions, it means that he accepts the revised terms and conditions.
1.5 If at any time the Buyer’s conduct does not comply with the General Conditions or violates the rules in the Legal Notes, the Seller reserves the right to immediately cancel and block the Buyer’s access to the Service ( or any part thereof) and/or your user account. Furthermore, the Buyer undertakes to relieve the Seller of any responsibility for any blocking or cancellation of his access to or use of the Service. The Buyer undertakes to use the Service only for legitimate purposes and, in particular, without violating or infringing, in any way, the rights of other users; Furthermore, behaviors which, at the Seller’s discretion, limit or prevent other users from using and fully enjoying the Service are not authorized.

2. CONCLUSION OF THE CONTRACT AND INVOICING

2.1 The digital order that the Buyer transmits to the Seller must contain the precise identification of the Product Code, name, description, price and any other element required by the Service through the various electronic interfaces present on the Site.

2.2 All sales of digital content are final. The Buyer’s purchase of digital content through the Service begins immediately as soon as he begins to download digital content from the Service and the Buyer has no right to cancel the purchase once the download service has begun.

2.3 After the purchase by the Buyer referred to in point 2.2, the Seller will send the Buyer the relevant invoice to the email indicated by the latter upon registration.

2.4 By placing an order, in the manner provided for in point 2.1, the Buyer declares to have read all the information provided to him during the purchase procedure and to fully accept these General Conditions.

3. PRODUCTS

3.1 The information and images relating to the Products contained in the Seller’s digital catalog and present on the Site or in other similar IT documents are purely indicative and do not bind the Seller in any way.

3.2 The Seller reserves the right to cancel one or more Products from the price lists or to add new ones at its sole discretion and without prior notice.

4. PRICES

4.1 The sales prices are those displayed on the Site for each Product. The total price includes the VAT in force at the time of purchase. All prices are therefore inclusive of VAT.

4.2 Without prejudice to the previous provisions referred to in point 4.1, the Intermediate Seller and the Final Seller reserve the right to modify the price of the Products at their own discretion and at any time.

5. ORDERS

It is understood that no order will be binding unless and until it is accepted by the Seller via its own computer system.

6. PAYMENT CONDITIONS

The payment conditions are indicated by the Seller in a specific screen on the Site before purchasing; in any case, all payments must be made to the Seller by credit card or other electronic means, the debit of which must be made exclusively to current accounts held in the name of the recipient of the invoice.

7. WARRANTY

Since this contract is the subject of the sale of products manufactured and marketed by third parties, the legal guarantee will operate for 12 months from delivery on the entire range of products. This guarantee is offered directly by the manufacturer of the products and the Buyer can either contact the Seller or the Manufacturer to enforce the guarantee. Damages caused by the Buyer due to willful misconduct or negligence in the use of the product are not covered by the warranty.

7.1 If the Buyer is also a consumer, he will be able to enjoy the consumer rights guaranteed by community and national legislation, with particular regard to the additional 12-month guarantee of conformity.

7.2 According to European consumer laws, consumers have the right to a free repair or replacement by the seller of defective goods or merchandise that do not conform to the sales contract. Furthermore, the consumer may request an appropriate price reduction or termination of the contract, if the consumer is not entitled to repair or replacement or if the seller has not carried out the remedy within a reasonable period, or if the seller has not completed the remedy without significant inconvenience for the consumer or the reimbursement by the seller of defective goods or goods that do not conform to the sales contract. However, the consumer is not entitled to have the contract terminated for minor non-compliance.

8. FORCE MAJEURE

8.1 In any case, the Seller will not be liable towards the Buyer for non-fulfilment of any clause of these General Conditions and/or of the sales contract, if fulfillment is made impossible or excessively onerous due to unforeseeable events not attributable to it.

8.2 The Seller cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control or that of its sub-suppliers .

8.3 The Seller, for the management of payments made by the Buyer via credit cards or other electronic method, makes use of the work of specialized third parties to ensure that payment transactions are carried out by adequately protecting the data of the Buyer. Although the Seller exercises the utmost care in choosing the third party managers of the service, the Seller cannot be held responsible towards the Buyer for any damages suffered as a result of disservices or malfunctions connected to this service, or in the event of theft or illicit access to the data of the Third Party Buyer.

9. ACCEPTANCE AND CONDITIONS

9.1 Purchase orders will be accepted only if executed by completing and/or digitally sending the order form on the Site in electronic format.

9.2 The issuing of the order confirms the acceptance of these general conditions of sale confirmed by the Buyer who waives any of his own general conditions of purchase considered individually or as a whole.

9.3 It is understood that you may not violate or attempt to violate the security of the Service by damaging network nodes or network services or limit, disable, interrupt or otherwise impede the Seller’s ability to monitor or make the Service available.

10. LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY – DISCLAIMER

10.1 In order to guarantee that the use of the Site, owned by the Seller, occurs in accordance with the objectives and purposes that the latter sets itself, users are invited to carefully read the General Conditions and , in particular, of the limitations/exclusions of liability provided for in the art. 10, as the use of the Site implies automatic acceptance of the rules present therein. In case of non-acceptance of the terms contained in this article, users are invited to refrain from using the site.
10.2 The Seller reserves the right to make, at any time and without notice, changes to this disclaimer which will be published from time to time on the Site under the heading “Terms and Conditions”. The user is therefore required to check the content of the disclaimer every time he enters the Site, as use of the same will result in automatic acceptance of any changes published.

10.3 The Seller makes every reasonable effort to ensure that the data and material on the site and made available to the user are updated and free from errors, inaccuracies and omissions, however the site is provided “< em>as is” and the Seller cannot provide any guarantee regarding the reliability and accuracy of the data and materials contained therein and therefore declines all liability for direct, indirect, incidental and consequential related to the use, proper or improper, of the data and material in general contained in this site, including without limitation, but not limited to, loss of profit, interruption of business or professional activity, loss of programs or other type of data located on the user’s computer system or other system, even if GIADO Srl had been expressly made aware of the possibility of such damages occurring.

The site contains links to third party sites in order to facilitate user navigation. The Buyer carries out regular checks on the contents of such sites, but is not able to intervene on the policies, privacy and security used and the operating methods of such sites. In any case, GIADO Srl will not be responsible for any violations of the law existing through these sites. Browsing the linked sites therefore takes place under the exclusive responsibility of the user and GIADO Srl declines all responsibility for any damage possibly suffered by the latter while browsing these sites. Although the seller’s site is not a vehicle for viruses, worms, trojans or other harmful elements, it cannot be excluded a priori that these may be transmitted, through navigation on this site or on linked sites, to users’ computers. It is therefore the sole responsibility of users to equip themselves with the appropriate tools to guarantee safe browsing, such as an updated antivirus. It is also recommended to scan the files you intend to download. In any case, the Seller will not be held responsible for damages resulting from attacks by computer viruses or other similar threats, including attacks by computer pirates, that users may suffer during or as a result of browsing the Site or linked sites.

10.4 No clause contained in this disclaimer is intended to circumvent compliance with current legislation or to exclude or limit liabilities established by law which cannot be excluded by law. By using this Site, the user accepts the exclusions and limitations of liability established above, declaring that they are reasonable. If you do not consider them reasonable, you are invited not to use the Site. If a point of this disclaimer is found to be inapplicable by law, this will not affect the applicability of the rest of the disclaimer >.

11. DISTINCTIVE SIGNS OF THE PRODUCTS

11.1 The Buyer undertakes not to erase or remove the trademarks and other distinctive or identifying signs affixed to the Products.

11.2 It is understood that neither with these General Conditions, nor with the individual sales contracts, are the Buyer granted any rights whatsoever (by way of license or any other title) on the Seller’s distinctive signs. Any use by the Buyer of the Seller’s distinctive signs is to be considered prohibited, unless previously authorized in writing to this effect by the Seller.

11.3 All content on the Service, including but not limited to designs, text, graphics, images, videos, information, applications, software, music, sounds and other files, and their selection and arrangement (“ Site Content”), are the exclusive property of the Seller or its licensors and all rights are reserved. You may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit or sell in any form or by any means the Content of the Site, in whole or in part, without first obtaining permission written authorization from the Seller.

12. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

12.1 The Seller is and remains the exclusive owner of all industrial and intellectual property rights connected to the Products supplied, including their individual parts and documentation, unless such rights are already third parties.

12.2 Any use of the Service or Site Content other than as specifically authorized herein, without Seller’s prior written permission, is strictly prohibited; Violation of this provision may also result in violation of applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless expressly stated, nothing in these terms and conditions should be construed as granting a license to any intellectual property rights.

12.3 It is understood that you may not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the copyright, trademark owner or other property right. The Buyer will be held solely responsible for any damage resulting from infringement of copyright, proprietary rights or any other damage caused by the publication of such material.

13. AUTONOMY

If any clause of these General Conditions is considered invalid or ineffective, such invalidity or ineffectiveness will not compromise the validity of the other clauses which will continue to have full effect.

14. APPLICABLE LAW

These General Conditions, as well as any sales contract concluded between the Seller and the Buyer, will be governed and interpreted in accordance with Italian law.

15. JURISDICTION AND COMPETENT COURT

15.1 For any and all disputes arising from these General Conditions and from the sales contracts concluded on the basis thereof, the exclusive jurisdiction will be Italian and the jurisdiction will belong exclusively to the Court of Foggia.

16. ACCESS TO THE CONTRACT, THE GENERAL CONDITIONS, THE LEGAL NOTES, THE PRIVACY POLICY AND THEIR STORAGE

16.1 The Buyer, by completing the registration procedure on the Site, authorizes the processing of personal data provided during this procedure for all the purposes highlighted above.

16.2 The Buyer expressly declares to have read, understood and accepted the privacy policies contained in the specific section of the Site.

17. PROVISION AND PROCESSING OF PERSONAL DATA

The Legislative Decree n. 196 of 06/30/2003 and subsequent regulations that have come into force over the years provide for the protection of persons and other subjects with respect to the processing of personal data. The processing is based on the principles of correctness, lawfulness, transparency and protection of the confidentiality of the person who provides their personal data. For further information on the processing of personal data and how to store, modify and delete such data, please consult the Site’s Privacy Policy.

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