Terms and conditions
Art. 1 – General Provisions
1. These Terms and Conditions of Sale (hereinafter Terms and Conditions ) apply, without limitation or condition, to all sales of products marketed by Effe Nails. with operational and legal headquarters in Via Indipendenza 78/80, 57021 Venturina Terme, VAT number IT01802960490, through www.effenails.it (defined below as site ).
2. Effe Nails carries out its business using the "Effe Nails" brand. Therefore, any reference to Effe Nails, whether contained in this document, in e-mail addresses, in the indications contained in the products and/or in any other documentation concerning the sales governed herein, must be considered as direct and referring to Effe Nails.
3. The Customer undertakes to read the Terms and Conditions before confirming the order and to accept them in full.
4. Effe Nails reserves the right to modify the Terms and Conditions at any time and even without notice. It will be the Customer's task to verify, with each purchase, any changes that have occurred.
5. The Terms and Conditions are made available on the Site so that they can be stored and viewed by the Customer, as required by art. 12, co. 3 of Legislative Decree 9 April 2003, n. 70.
Article 2 - Object
1. Effe Nails, through the Site, remotely sells cosmetic products, equipment and accessories for nail care, including products intended for professional use only.
2. It is understood that, in any case, the Products cannot be destined by the Customers for sale/resale to third parties, unless expressly authorized by Effe Nails.
Article 3 - Customers
1. These general conditions apply to all natural and/or legal persons who purchase the Products through the Site (hereinafter Client/ Clients ).
2. The rights and powers reserved by law and/or by these general conditions to consumers cannot be applied in all cases in which the Products are purchased for purposes attributable to the entrepreneurial and/or professional activity carried out by the Customer in the sector of 'aesthetics.
3. The Customer, with the acceptance of the Terms and Conditions, declares to have full capacity to act as well as all the necessary powers and requirements to purchase the Products.
4. It is forbidden to enter false and/or invented data in the registration form. The personal data and e-mail must correspond exclusively to those of the Customer. It is also forbidden to issue untruthful declarations for the purpose of concluding the contract.
Effe Nails, consequently, does not assume any direct or indirect responsibility in any capacity resulting from the use/insertion of false/invented or untruthful data/information/statements.
We are Effe Nails, a company registered in Italy with the following VAT number: 01802960490. These are the terms and conditions valid when you access our services and our site. They are important to us and to you, and they also provide you with useful information. If you need it, you can contact our customer service. We occasionally update these terms, so please remember to check back. We have the right to amend, remove or change our services and/or any part of the site (including our Terms and Conditions of Use) at any time.
Art. 4 – Loyalty Program
Art. 5 – Pre-contractual information
1. The Customer, before concluding the purchase contract, examines the characteristics of the Products which are illustrated in the individual sheets on the Site. The images accompanying the Products do not constitute a contractual element. In fact, due to the technical characteristics of the different supports used for displaying them, they may be different in the accessory elements (in particular shades and shades of colour).
2. The Products comply with the applicable legislation in Italy in force at the time of the Order. Effe Nails cannot be held responsible for the non-compliance of the Products with the legislation of the different country in which the Customer intends to use them.
3. Effe Nails may modify the assortment of Products and/or the information relating to them such as prices, description or availability at any time, without any prior notice.
4. The Customer can, at any time and in any case before the conclusion of the contract, take note of the identification information of Effe Nails (address, telephone and fax number, e-mail address). This information is also reported below:
Effe Nails
Operational and legal headquarters in
Via Independence 78/80
57021 Venturina Terme
info@effenails.it
+393703379293
5. For any question concerning the Products and their use, for any further question or request for clarification, the Customer can contact Customer Service by e-mail at the following address: info@effenails.it.
Article 6 – Order
1. At the first order request, inserted by the Customer following the instructions on the Site, the automated system asks you to fill in a special form with the details necessary for billing and with an indication of the shipping address. The account can be changed by the customer at any time.
2. The information and personal data provided by the Client must be exact, precise, truthful and updated. Any damages/delays/disservices resulting from incorrect data entry by the customer will be solely attributable to the latter.
3. If order requests exceeding the amount of € 3,000.00 are entered, the order is considered accepted subject to verification of the Customer's identity.
4. Before the definitive confirmation of the Order, the Customer is informed about:
- the essential characteristics of the Products in the cart;
- the total price of the Products including taxes, with details of shipping costs and any other costs;
- the payment methods;
- the conditions, terms and procedures for exercising the right of withdrawal and related costs for returning the goods, existence of the legal guarantee of conformity for the goods purchased, via a link to the present general conditions of sale.
5. After having read the Terms and Conditions and the Privacy Policy and having accepted them by ticking the appropriate flag, the Customer must select the desired payment method and choose the "send order" option.
6. The status of each order can be checked by accessing the "Orders" area of your account.
Art. 7 – Conclusion of the contract - Order confirmation
1. The sales contract between Effe Nails and the Customer is understood to be finalized only upon receipt by the Customer of the order confirmation sent to the e-mail address entered during registration.
2. Effe Nails, if it is unable to process the order received, reserves the right to cancel it. In this case Effe Nails will notify the Customer of the cancellation of the order within 5 days of its receipt and will refund any sums already paid by the Customer.
3. Effe Nails also reserves the right to cancel the order received in the event that there are objective indications (including reports from third parties) from which it can be deduced that the Customer resells the Products to third parties.
4. The order confirmation e-mail contains the Customer's data, the order number, the essential characteristics of the product ordered, its price, the amount paid, the existence of the right of withdrawal if a consumer ( with an indication of the times and methods for returning the goods), the address for submitting any complaints and information on assistance services and existing commercial guarantees.
Article 8 - Prices
1. The sales prices indicated on the Site are to be understood as excluding VAT and refer only to products sold online.
2. Effe Nails reserves the right to change its prices at any time. It is understood that the price applied to the Customer will be the one in force at the time the order is entered and indicated in the Order Confirmation, without considering price increases or decreases, also for promotions, which may have occurred subsequently.
3. Except for any ongoing promotions duly advertised through the Site, shipping costs are not included in the purchase price. For orders of less than € 99.00 in Italy, these costs are charged to the customer and are indicated and calculated at the time of conclusion of the purchase process before making the payment. For orders over € 99.00, shipping in Italy is free.
4. In the event of an IT, manual, technical or any other kind of error which could lead to a substantial change in the retail price (not foreseen or foreseeable by Effe Nails) and which makes it exorbitant or clearly negligible, the order The purchase will be considered invalid and canceled and the amount paid by the customer will be refunded within 14 days. from the day of cancellation.
Art. 9 – Method of payment
1. Effe Nails accepts payments made with the following methods:
- Visa
- MasterCard
- American Express
- Master
- PostePay
- Apple Pay/Google Pay
- PayPal
The transaction will be charged to the Customer's credit card only after:
a) the credit card details have been verified;
b) the debit authorization has been received from the company issuing the credit card used by the Customer.
2. In the event that the crediting of the amounts due proves impossible, for any reason not attributable to the Customer, the Order is automatically cancelled.
3. Effe Nails also accepts payment made in cash by courier upon delivery ("Marking"). The services related to this payment method involve a cost of € 5.90 which will be charged to the Customer. If the package is refused by the Customer, the costs of storage and the return of the Products will be at his expense.
Art. 10 – Shipping and delivery of products
1. The Products are delivered by express courier to the address indicated by the Customer when placing the order. Deliveries will be made within the terms indicated in the appropriate section of the Site and reported below (https://www.effenails.it/pages/spedizioni-e-consegna).
2. These delivery terms are merely indicative and are not binding for Effe Nails. In any case, in accordance with the discipline set out in art. 61 Consumer Code, Effe Nails undertakes to deliver the Products to Customers within 30 days from the order confirmation.
3. Effe Nails, therefore, cannot be held responsible for any damages deriving to the Customer and/or to the recipient of the Products from the delay in delivery of less than 30 days starting from the order confirmation.
4. The Customer is required to check the Products and the packaging upon delivery, accepting them in the presence of any discrepancies "with reserve".
Art. 11 – Consumer's right of withdrawal
1. In accordance with the provisions of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 (hereinafter the Consumer Code), the consumer customer has the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days from the date of receipt of the Products.
2. The consumer customer who intends to exercise the right of withdrawal must communicate it to Effe Nails by means of an explicit declaration sent by e-mail to the address info@effenails.it.
3. In case of exercise of the right of withdrawal, the consumer Customer returns the Products to Effe Nails without undue delay and in any case within 14 days from the date on which he sent the above communication.
4. The Products must be returned intact, in the original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and accompanied by the relative documentation.
5. In compliance with the provisions of article 57, paragraph 1, of the Consumer Code, the return costs will be borne exclusively by the consumer Customer. Parcels sent at the recipient's expense will not be accepted.
6. According to the provisions of article 59 of the Consumer Code, the right of withdrawal cannot be exercised in the event of:
- purchase of clearly personalized goods;
- purchase of sealed goods which cannot be returned for hygienic reasons (including cosmetic products, all tools and equipment intended for personal care) and which have been opened after delivery.
7. After verifying compliance with the above, Effe Nails will refund the amount of the Products subject to the withdrawal (including any delivery costs) within a maximum period of 14 days from receipt of the return, as foreseen by art. 56 paragraph 1 of the Consumer Code.
Art. 12 – Legal guarantee
1. In accordance with the provisions of the Consumer Code, the Products purchased by the Consumer enjoy the legal guarantee of conformity for a period of two years starting from the delivery of the Product.
2. The legal guarantee applies when, within the aforementioned terms, the Product presents a lack of conformity, i.e. it results:
a) unsuitable for the use for which goods of the same type are normally used;
b) does not comply with the description made by Effe Nails on the Site;
c) lacking the usual quality and performance of a good of the same type that the Customer can reasonably expect.
3. In such cases, the consumer customer has the right to restore, without charge, the conformity of the goods by repair or replacement. If the replacement of the goods is impossible or excessively burdensome for Effe Nails, the consumer customer can, at his choice, request an appropriate reduction in the price or the termination of the contract.
4. The consumer Customer forfeits these rights if he does not notify Effe Nails of the lack of conformity within the term of two months from the date of its discovery. The direct action to enforce the defects not fraudulently concealed by Effe Nails is prescribed, in any case, within the term of twenty-six months starting from the delivery of the Product.
5. The Customer must contact Customer Service reporting the non-conformity of the Products and follow the procedure for returning non-conforming Products that will be indicated to him.
6. The non-compliant Product must be returned to Effe Nails, complete with the original packaging, accessories and documentation received from the Client upon delivery. Otherwise Effe Nails will not be able to proceed with its replacement.
7. Once the Products returned by the Customer have been received, Effe Nails will verify the validity of the disputes. Only if this verification is positive, Effe Nails will replace the non-compliant Product and send it to the Customer as soon as possible and in any case within 30 (thirty) working days from receipt of the Products. Shipping costs will be entirely borne by Effe Nails.
8. In the event that Effe Nails is unable to proceed with the replacement of the Products within the aforementioned term, it will immediately notify the Customer to the e-mail address indicated at the time of purchase for the exercise of the consequent legal faculties .
9. In all cases where the Products are purchased for purposes attributable to the entrepreneurial/professional activity carried out by the Customer in the beauty sector, the legal guarantee is applied for a period of 1 year starting from the delivery of the Product.
10. In the hypothesis referred to in the previous point, without prejudice to the applicability of the provisions referred to in points 2, 3, 5, 6, and 7 of this article, the Customer loses his rights if he does not report the lack of conformity to Effe Nails within eight days from the date of its discovery. The direct action to assert the defects not fraudulently concealed by Effe Nails is prescribed, in any case, within the term of one year starting from the delivery of the Product.
Art. 13 – Limitations of Liability
1. Effe Nails assumes no responsibility for disservices attributable to the courier, to the fact of a third party, to the fault of the Customer or attributable to force majeure/unforeseeable circumstances or any other event, also dependent on malfunctions and disservices of the Internet, which is not under the exclusive control of Effe Nails.
2. Causes of force majeure, by way of example but not limited to: accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, thefts and other similar events, provisions of the Public Authority, the strike of its own employees or of the carriers which Effe Nails uses as well as any other circumstance that is beyond the control of the latter.
3. The Customer is fully responsible for the purchase made on the Site and undertakes to carefully read the instructions and warnings for use of the Products purchased and to use them in compliance with these conditions.
4. No responsibility can arise on the part of Effe Nails for any use of the Products that is not permitted, that does not comply with the instructions for use and/or in any case differs from the normal intended use.
Art. 14 – Integral
1. The Terms and Conditions, as well as any document expressly referred to in them, constitute the entire agreement between the Customer and Effe Nails regarding the object of the contract and replace any previous agreement, understanding or agreement between the same parties be it oral or written.
2. If one or more provisions of these Terms and Conditions is considered invalid or declared as such in accordance with the law, the other provisions will continue to have full force and effect.
Art. 15 – Resolution of disputes
1. Effe Nails informs Customers that they will be able to resolve any dispute arising regarding the correct application of this contract (including, by way of example and not limited to, disputes relating to the validity, non-performance, total or partial and/or resolution of the contract) through an electronic procedure ( online dispute resolution procedure – “ ODR Procedure ”), which can be activated by accessing the online platform made available by the European Commission at the following link http://ec.europa.eu/consumers/odr .
2. In any case, the possibility remains for the Parties to resolve disputes between them before the competent judicial authorities or using another ADR procedure (“ Alternative Dispute Resolution ”).
Art. 16 – Confidentiality of personal data
1. The processing of the Customer's personal data will be carried out in compliance with the provisions of the law regarding the protection of personal data, as better specified in the "Privacy Policy" available in the appropriate section of the Site.
Art. 17 – Applicable law and competent court
1. These General Conditions are governed by Italian law also in compliance with the provisions of Part III, Title III, Chapter I, of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 the so-called Consumer Code as well as the provisions of Legislative Decree no. 70/2003 on electronic commerce.
Without prejudice to the provisions of the Consumer Code on the mandatory nature of the Consumer Forum, the exclusive competent court for the resolution of any disputes deriving from the application of these Terms and Conditions of Sale is that of Livorno.