Terms and conditions of use
1) General notes
These Terms and Conditions of sale ("Terms and Conditions") are governed by the Consumer Code (Legislative Decree no. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree no. 70/2003 and subsequent amendments) and apply exclusively to the remote sale via the web of the Products as identified and listed on the website www.olayanails.com. The customer is reminded that the Products sold on www.olayanails.com or via the OLAYA APP are for professional cosmetic use. Therefore, it is important that you read the following points:
· The products are for PROFESSIONAL use. They have been created to be used with each other. In case of use with other brands, we are not responsible for any related problems.
· Keep out of reach of children.
· Do not expose the products to heat or flame. Some products are highly flammable (see labels).
· Keep the products in a dry place and away from sunlight and UV light. Do not exceed 25°.
· Some products in the description contain this sentence: NOT BELONGING TO THE CATEGORY OF COSMETICS. THEREFORE, THEY CANNOT BE APPLIED DIRECTLY ON SKIN, NATURAL NAILS AND HAIR.
· In case of ingestion, contact with eyes or other things that should not happen, contact your doctor or poison control center.
· Read the ingredients and instructions for use carefully before applying.
2) Shipping
3) Order
Purchase Orders must be made online through the order procedure: “Register”.
In the event that the Customer wishes to be a User of the Site, it will be sufficient to enter the required data in the appropriate form, necessary to be able to make the Purchase, by accessing the Register Section, and filling in the form with the required data. By creating an account on our store you will be able to move quickly to checkout, place orders, view and track your orders in your account.
The Customer successfully completes the Order Process if the Site does not highlight any error messages (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping).
The Purchase Agreement will be considered concluded between FULA S.R.L. and the Customer, upon receipt of the Order by FULA S.R.L. Via GIOVANNI AMENDOLA 166/5, BARI, 70126. In this case FULA S.R.L. will confirm receipt of the Order by sending an order confirmation email (hereinafter "Order Confirmation") to the email address communicated by the Customer. This Confirmation will summarize the Products and Services chosen, the related Prices (including shipping costs), the shipping address, the order number (hereinafter “Order Number”).
FULA S.R.L. reminds the Customer to verify with the utmost attention and care the correctness of the data contained in the Order Confirmation and to communicate to FULA S.R.L. within 2 (two) hours of receiving the same any corrections. The Order Number, generated by the system and communicated by FULA S.R.L. Via GIOVANNI AMENDOLA 166/5, BARI, 70126, must be used by the Customer in all communications with FULA S.R.L.
It is possible that occasional unavailability of the Products offered may occur, in which case, if the Products chosen by the Customer are not, in whole or in part, available, FULA S.R.L. will communicate this to the Customer.
4) Payment methods
Payment for the Order must be made at the time of forwarding to FULA S.R.L. of the order itself within 5 working days.
a) Bank transfer.
b) PayPal (with credit cards even without an account). By choosing this payment method, you will be redirected to the PayPal payment form of FULA S.R.L. paypal@olayanails.com
c) Cash on delivery. Cost of Cash on delivery: €4.99 (in addition to the cost of shipping). Payment method valid only for Italy. In case of cancellation of the order, immediately send an e-
mail to info@olayanails.com If no email is received, and once the shipment has been made, the customer will still have to pay the shipping and cash on delivery costs, plus the return shipping costs to the sender.
d) Debit or credit card.
Article 22 of Presidential Decree 633/72 provides that the issuing of an invoice is not mandatory in the case of electronic commerce. It is possible to issue a regular invoice, upon communication of the tax code and VAT number. The information provided by the Customer will be used to issue the invoice. FULA S.R.L. therefore reminds the Customer to always check, with the utmost attention, the accuracy of the information provided.
5) Assistance Services
The Customer may have information, including after-sales assistance, by contacting FULA S.R.L. by email by writing to service@olayanails.com via the contact form in the INFORMATION "Contact Us" section of the Site.
6) Cancellation of Order
of Purchase If the Customer wishes to cancel his/her Order, he/she may proceed with the cancellation before the shipment, which can be done on the same day within 2 am, without additional costs. In this case FULA S.R.L. will refund the Customer the full amount paid using the same methods as indicated above. In the event that the order is cancelled after it has been shipped, FULA S.R.L. will refund the Customer the full amount paid using the same methods as indicated above minus shipping costs.
7) Guarantees
All products sold by OLAYANAILS.COM hereinafter referred to simply as FULA S.R.L. - are covered by the manufacturer's conventional warranty and the 12-month warranty for defects of conformity. The manufacturer's conventional warranty is provided according to the methods illustrated in the documentation included in the product packaging. The 24-month warranty pursuant to Legislative Decree 24/02 applies to devices that present a lack of conformity, provided that the product itself has been used correctly, in compliance with its intended use and as provided for in the attached technical documentation. This warranty is reserved for the private Consumer (a natural person who purchases the goods for purposes not related to his/her professional activity, or makes the purchase without indicating a VAT number in the order form, which are 12 months). In the event of a lack of conformity, FULA S.R.L. will restore the conformity of the product by repairing/replacing it. If, following intervention by the Manufacturer or Authorized Service Center, the defect does not result in a lack of conformity pursuant to Legislative Decree 24/02, the Customer will be charged for any costs of verification and restoration requested, as well as any transport costs if incurred by FULA S.R.L. In the event that, for any reason, it is not able to return a product under warranty -repaired and replaced-, FULA S.R.L. may proceed at its own discretion to refund the entire amount paid or to replace it with a product with equal or superior characteristics. Right to Cancel Orders. The customer may request cancellation of the order. FULA S.R.L. reserves the right to accept the cancellation of the same. The cancellation must be made in writing via email to info@olayanails.com If the goods were ordered by FULA S.R.L. from its supplier, it reserves the right not to accept the cancellation of the same. The costs of both sending and returning to FULA S.R.L. are always exclusively borne by the customer and are not refundable. Risk and Ownership. Upon delivery of the goods, the customer must verify the integrity of the packages and the quantitative and qualitative correspondence. In the event of non-conformity, the same must be reported on the same accompanying document and confirmed within seven days by email to service@olayanails.com. Even if the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies must be reported in writing by certified email to srlfula@pec.it. Any reports beyond the aforementioned terms will not be taken into consideration. Shipping costs for both sending and returning to FULA S.R.L. are always exclusively borne by the customer and are not refundable. Jurisprudence and Competent Court Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the website www.olayananail.com, FULA S.R.L. is subject to Italian jurisprudence; these general conditions arerefer, for anything not expressly provided for therein, to the combined provisions of Legislative Decree no. 50 of 15.11.1992 and Legislative Decree no. 185 of 22.05.1999. Return address: FULA S.R.L. VIA GIOVANNI AMENDOLA 166/5, BARI, 70126, BARI, 70126.
8) Legal and Conventional Guarantees
a) Legal guarantee for the Consumer Customer
The Consumer Customer (hereinafter, “Consumer”), as defined in art. 3 of the Consumer Code (hereinafter, “Consumer Code”, Legislative Decree 6 September 2005, no. 206), has the right to avail of the legal guarantee provided by the Consumer Code itself in articles 128 to 132. This Guarantee provides, among other things, that the Consumer, under penalty of forfeiture, reports to FULA S.R.L. any lack of conformity found by the Consumer in the purchased product within 2 (two) months of discovery (art. 132, Consumer Code). Following such report, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to the other rights provided by law in favor of the Consumer. By virtue of the legal guarantee referred to above, FULA S.R.L. is responsible for any lack of conformity that occurs within 1 (one) year of Delivery of the Product. Beyond this deadline, FULA S.R.L., therefore, will not be responsible for any lack of conformity found by the Consumer. In the event of replacement or repair of the Product, the terms of the warranty relating to the Product given in replacement or resulting from the repair are the same as those of the original product. Therefore, the overall two-year duration of the legal warranty will in any case start from the Delivery of the original product. In order to benefit from the warranty, we recommend that you show the purchase document. In any case, for the regulation of the legal warranty, please refer to the provisions of the Consumer Code referred to in Articles 128 and following. In the case of cosmetic products, use them within and no later than the months indicated on the container starting from the month of production of the same. Each product is identified with its batch number, which is also the production date.
b) Legal warranty for the non-Consumer Customer (Professional)
The Professional Customer, as defined in art. 3 of the Consumer Code, has the right to avail of the legal warranty provided for in the Civil Code. This Guarantee provides, among other things, that the Non-Consumer Customer, under penalty of forfeiture, reports to FULA S.R.L. any lack of conformity found in the purchased product within 8 (eight) days of discovery. The above-mentioned Legal Guarantee is valid for a maximum period of 12 (twelve) months from Delivery of the Product. Beyond this period, FULA S.R.L., therefore, will not be responsible for any lack of conformity found by the Non-Consumer Customer. In order to benefit from the guarantee, we recommend that you show the purchase document.
9) Communications
Any communication, without prejudice to the provisions of the previous art. 14 “Right of Withdrawal”, may be addressed to FULA S.R.L. using the contact channels listed in the "Contact Us" section of the Site or srlfula@pec.it