Terms Of Sale
Terms of Sale
LAST UPDATED: January 2022
The sale of products via the www.liujo.com website will be performed directly by Digital Boite S.r.l. with registered offices at Via Cusani n. 5 – 20121 Milano, tax identity number 03796760365, social capital of 100,000.00 Euro (hereafter “the Company”).
By placing an order, the Customer makes a purchase offer for the product which is bound by the following Terms and Conditions.Users who access the site and wish to purchase the products on sale therein may do so only if they are natural persons whose aims in accessing www.liujo.com (hereafter referred to as the “Website’’) are unrelated to any commercial, entrepreneurial or professional activity they may carry out (hereafter the “Customer”). If the user does not possess such requisites, the sale may not be completed and/or accepted.All orders are subject to availability and confirmation of the order price. Shipping times may vary on the basis of availability in stock, and any guarantees or forecasts related to shipping times are restricted to Italy and subject to possible delays due to the postal service or force majeure, for which we shall not be held liable. The Customer must be at least 18 (eighteen) years of age and hold a valid credit card or debit card issued by a bank the Company considers reliable, or lawfully hold an account/PayPal account, in order to enter into an agreement with the Company. The Company reserves the right in any case to refuse the order. If the order is provisionally accepted, the Customer shall be informed by e-mail at the address provided by the Customer. When the Customer makes an order, they undertake to ensure that all of the details provided are true and exact, that the Customer is authorised to use the credit or debit card used to make the order and that there are sufficient funds to cover the full value of the purchase. The cost of products and services for the foreign market (outside of Italy) might be different, depending on the trade policies of the destination country. All the specified prices may be subject to such variations. Prices are quoted in the currency of the country of reception.
1. ORDERS AND ACCEPTANCE
When an order is placed, the Customer will receive confirmation by e-mail. This e-mail is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The agreement will not be completed until the Company sends confirmation by e-mail that the products ordered by the Customer are available and have been shipped. The final agreement will include only the number of those goods specified in the confirmation e-mail sent at the time of shipment. The Company reserves the right to refuse Orders from a Customer with whom a dispute and/or a dispute relating to a previous Order is in progress or has previously occurred. This also applies to all cases in which the Company deems the Customer unsuitable, including, by way of example, the case of previous violations of the Online Conditions, for any other reason, especially if the Customer has been involved in fraudulent activities of any kind.
2. WARRANTIES AND SPECIFICATION OF PRODUCT PRICES
On www.liujo.com, only products bearing the registered trademark Liu Jo are offered for sale. The Company does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Products purchased on www.liujo.com are sold directly by the Company. The essential features of the products are shown on www.liujo.com on each product information sheet. The images and colours of the products offered for sale on www.liujo.com may, however, not correspond to the actual ones owing to the Customer’s Internet browser and monitor used. Purchase requests from countries not included in the “SHIPPING” section will not be accepted. All products are fitted with an ID tag attached using a disposable seal. The Customer may not remove the tag and seal from purchased products since they form an integral part of the product. If the Customer exercises the right to withdraw, the Company has the right not to accept returned products which have missing ID tags, whose essential and quality characteristics have been altered or tampered with, or which are damaged.
3. PRICE AND AVAILABILITY
The prices of products may be subject to change. The Customer must check the final sales price before submitting the relevant order form. Whenever applicable, prices include VAT. Where applicable, delivery costs will be added separately. These additional costs shall be clearly indicated when they apply and shall be included in the “total cost”. The Company reserves the right to activate a specific section of the Website in order to sell products belonging to commercial seasons prior to the current one, by applying – if necessary – a special discount. Without prejudice to what is stated above, the evident error in the price on the category pages and/or on the product profiles as compared to the commonly known price of the selected product gives the Company the right to not confirm shipment and to immediately reimburse the purchase value the Customer has paid without the customer being entitled to make any objections to it. The Customer will however be promptly notified by the Company’s Customer Services department.
Payment can be made by the Customer using one of the methods listed in the Payments section on the site. In case of payment by credit card, the Customer making the payment confirms that he is the owner of the credit card used. Once the order is received, the Company will perform a standard pre-authorisation check on the data provided and payment method chosen by the Customer, in order to ensure that there are sufficient funds to complete the transaction. Products will not be shipped until this pre-authorisation check has been completed. Credit cards will be subject to verification and authorisation by the issuer, and if such entity refuses or does not authorise payment, the Company will not be liable for delayed or non-delivery. Then, a pre-charge will be made on the Customer’s debit/credit card and the order will be accepted temporarily. The actual payment debit on the Customer’s credit/debit card, including the purchase price of the products and shipping charges (if applicable), as indicated in the order form will be made when the final order leaves the Company’s warehouses. A confirmation email will be sent to the email address provided by the Customer with all relevant order information and delivery terms. In the case of credit card payment, the Customer’s financial information (for example, credit/debit card number or expiry date) will be forwarded to the banks which supply the relevant remote payment services through an encrypted protocol. Furthermore, such information will never be used by the Company, except to complete procedures relating to the Customer’s purchase and to issue any refunds in the event of any returns of the product, as a result of any potential right of withdrawal, or if it becomes necessary to prevent or report fraud on the Website to the relevant authorities. In case of payment with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and you authorise this transfer.
International shipping is available for goods purchased on the Website. Go to the FAQ section to see a list of the countries to which the Company will be able to send goods. Shipping and handling charges will depend on the country to which goods are to be sent and the delivery times that the Customer requests. Please go to the Orders and Shipments section to see a list of shipping and handling rates and terms of delivery. The transfer of ownership of the products will take place at the time of actual delivery to the customer. As soon as the Company has delivered the goods to the address supplied by the Customer, via a special express courier service, the latter will become liable for them, even in the event of any loss or damage they may occur from the time of shipping onwards. Customers are asked to refuse the package if it has been tampered with or in poor condition when delivered, and to promptly notify our Customer Service department. We will check immediately and issue a swift reply. The Customer is given the opportunity to choose between various delivery options, the so-called “Click and Collect” method, consisting of the delivery of products to one of the participating “Liu Jo” stores, a list of which is available in the FAQ section. In this case, the Customer may designate another person to collect the goods. This person must present their identity document, a photocopy of the Customer’s identity document, the designation of the Customer and the email confirming shipment with the authorisation code for collection.
6. RIGHT OF WITHDRAWAL AND RETURN
The Customer has the right to terminate the contract, without needing to provide any reason and without incurring any fines, within 14 days of receiving the products. In order to exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw from the agreement in an explicit written declaration. To do so, the Customer must fill out the return form online and ensure that the products are in the same condition in which they were received, with all warranty seals still attached. The Customer should send the package after attaching the pre-printed, prepaid label to the original box (or another, equally secure one) in such a way as to cover the original label bearing the Customer’s address. The Customer should send back the goods to the address on the pre-printed label, without delay and within 14 (fourteen) days from the date on which the Customer issued notification of withdrawal from the agreement. The term shall be observed if the Customer returns the Products before the expiry of the previously mentioned 14 day period. The Customer should book the items to be returned by contacting the courier agency that delivered the package in order to arrange a collection date and time. The Customer will only be able to send returned items from the country in which the order was placed. If the Customer’s return does not meet the terms and conditions listed above, it will be rejected and will not be refunded. The products delivered to the Customer according to the so-called "Click and Collect" method can be returned by the Customer through the dedicated page. Personalised items can only be returned if defective. The Company reserves the right to assess every case individually. Not all cosmetic products can be returned pursuant to Art. 59, para 1, lett. e) of the Italian Consumer Code. Your right of withdrawal may not apply to products that are sold sealed, which cannot be returned for hygienic or health protection-related reasons and have been opened after delivery. For more information, please refer to the ”Refunds and returns” section.
After the products have been returned, the Company shall perform all necessary assessments of their conformity with the terms and conditions set out herein. If the checks are successfully concluded, the Company will send the Customer an email confirming acceptance of the returned items. Whatever the payment method used by the Customer, the Company will make the refund no later than 14 days after the date that the goods are received. Refunds may be suspended until the returned items are received by the Customer or until confirmation is received that the items have been dispatched. If the product recipient indicated on the order form does not match the person who made payment for the amounts due for their purchase, the Company will make the refund – in the event that the right of withdrawal is exercised – to the person who made payment. The Company uses the couriers given in the “RETURNS AND REFUNDS” section for product returns. The Customer may return the products to the Company without having to personally sustain the necessary expenses by shipping through these couriers, using the pre-printed adhesive label attached to the package containing the product. In accordance with the methods and terms of the right to withdrawal, this method allows the Company to make a direct payment on behalf of the Customer for the expenses of returning purchased products, releasing the Customer from any obligation to pay the courier. This method also makes it possible to assess where each package is at any time, releasing the Customer from any liability in the event of loss or damage of the products during shipment. If the Customer decides to use a forwarding agent other the one specified by the Company for returning the products, the Customer will instead have to personally pay the necessary expenses, and will be held liable should the products become lost or damaged during shipping, in accordance with the methods and terms governing the right of withdrawal.
8. PRODUCT ID TAG
All products sold by the Company include an identification tag attached with a disposable seal, which forms an integral part of the product. The Company invites the Customer to try on the product without removing the ID tag or its seal, since any products returned without these will not be accepted.
9. DISCOUNT CODES
Discount codes for individual account holders or general promotional discount codes may periodically be offered at the Company’s discretion. The account discount codes may be applied only after purchases are made using the account for which a discount code has been offered and registered and for the time period for which they are granted, and only once the transaction has been completed. Promotional discount codes may be applied to all purchases or specific purchases made through the website. Methods and any restrictions on use of a discount code will be communicated by the Company in the same message notifying the existence of said discount code.
11. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions of Sale are governed by Italian law, without prejudice to any different prevailing mandatory rule of the Customer’s usual country of residence, and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning electronic commerce. Any dispute or complaint associated with these General Terms and Conditions of Sale shall be subject to the sole jurisdiction of the court of the residence of the consumer/user. We implement a complaint management procedure to try and resolve any disputes as soon as they arise. Please inform us if you have any complaints or comments by contacting Customer Services in the section dedicated to this on the website. We inform you that, according to article 14 of EU Regulation no. 524/2013 and by resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes ("online dispute resolution") deriving from the purchase of goods online, accessible at the following link: https: // webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
For further explanations regarding these terms and conditions the Customer can contact the Company’s Customer Service department.