Supplier identification

The goods which are the subject of these general conditions are offered for sale by Blu Caribe Estetica, with registered office in Pavia, via Bernardino da Feltre, 35/B – 27100 Pavia, registered with the Chamber of Commerce of Pavia at no. PV-272323 of the Company Register, tax code CRBLNG78H60Z605F, VAT number IT02424420186 hereinafter referred to as the “Supplier”.

Art. 1

Definitions

1.1. The expression "online sales contract" or "contract" means the purchase and sale contract relating to the tangible movable property of the Supplier, stipulated between them and the Purchaser as part of a remote sales system through telematic tools, organized by the supplier.

1.2. The term "Buyer" means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3. The expression "Supplier" means the person as identified above or the person who sells the goods through the website indicated in the following article.

Art. 2

Object of the contract

2.1. With this contract the Supplier sells and the Buyer purchases remotely, via telematic tools, the tangible movable goods presented and offered for sale on the site www.blucaribe.net

2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal reachable at the address: https://www.blucaribe.net/shop/

Art. 3

How to enter into a contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet in remote telematic mode, through the Buyer accessing the web address www.blucaribe.net where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the website www.blucaribe.net it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by his/her connectivity provider.

Art. 4

Conclusion and effectiveness of the contract

4.1. The online sales contract is concluded following the timely completion of the registration form by the Buyer – whose personal data are processed in accordance with the methods indicated in the Privacy Policy, and following acceptance of the “Terms and conditions of sale” – and the sending of the purchase form filled in by the system after the insertion of the selected products in the electronic cart. Before the final sending of the order, the Buyer will be invited to check the contents of the cart, with a summary of the same in which the details of the person ordering and the order are reported, the price of the selected goods, any shipping costs and any additional accessory charges, the payment methods and terms, the address where the goods will be delivered, the delivery times, the time for collection of the product from the Store (as defined in paragraph 7.2) and the terms for exercising the right of withdrawal, where applicable.

4.2. When the Supplier receives the order from the Buyer, he will send a confirmation email or display a web page confirming and summarizing the order itself, which will also contain the data referred to in the previous point.

Art. 5

Payment methods and withdrawal

5.1. Payment by the Buyer may only be made using one of the methods indicated in the purchase procedure by the Supplier.

5.2. The Supplier reserves the right to vary the payment methods that can be used, it being understood that those published in the advertisement at the time the order is sent by the Buyer will be considered usable.

5.3. Any refund to the Buyer will be credited using the same payment method chosen by the Buyer when placing the order. The right of withdrawal is regulated by the dedicated section available on this page.

5.4 All communications relating to payments take place using third-party encryption systems designed to protect the transactions carried out (e.g. PayPal payment system) and over which the supplier has neither visibility nor responsibility.

Art. 6

Delivery times and methods for purchases made within www.blucaribe.net

6.1. The Supplier will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.

6.2. Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from confirmation of the order, as required by current legislation. In the event that the Supplier is unable, for any reason, to ship within said timeframe, it will promptly notify the Buyer via email sent to the address provided by the latter during the purchase procedure.

6.3. Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the sealing tapes if present.

6.4 In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse delivery and immediately notify the Supplier, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.

6.5 In the event that the customer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his/her rights he/she must contest the unsuitability of the packaging to the courier, by writing “RESERVATION TO CHECK GOODS DUE TO …” (indicating the reason for the reservation in question) on the delivery document, of which he/she must retain a copy.

Art. 7

Orders with collection at the point of sale

7.1 The products purchased on www.blucaribe.net will also be available for collection at the “Blu Caribe Estetica” store in Via Bernardino da Feltre, 35/B 27100, Pavia (PV), without any delivery costs.

7.2 The goods purchased for collection in Store will be made available within 1 (one) working day from the order confirmation. During the purchase process the Supplier will make the entire opening hours available to the Buyer for the collection of the products. The Buyer must therefore comply with the opening hours for collection as they constitute the official reference time.

7.3 If the Purchaser does not collect the ordered products in the time slot indicated by the Supplier, the collection of the ordered products must in any case take place no later than 10 (ten) working days from the date of sending the communication referred to in paragraph 4.2. If the products are not collected within 10 (ten) working days, the Supplier will notify the Buyer via email that the order is to be considered canceled and that the Supplier will return the Buyer the amount paid for the purchase no later than. the next 14 (fourteen) days, using the same payment method selected by the Buyer for the initial transaction. At the same time as canceling the order, the Supplier will eliminate any benefit related to the purchase and possibly assigned to the Buyer as a result of the order placed and subsequently canceled (eg points or discount coupons).

7.9 In the event of cancellation of the order, the Supplier will have the right to sell the products covered by the canceled order to third parties and will not be liable for the Purchaser's failure to obtain them.

7.10 The Purchaser can collect the order at the Store in person or through a person authorized to collect on his or her behalf. In both cases, the collection will take place only after the Buyer or the delegated subject will show the Shop staff the reference email for the online purchase. Following verification, the purchased products can be collected.

7.11 The Supplier reserves the right at any time to adopt additional methods of verification of suitability for the withdrawal of the order.

Art. 8

Prices

8.1. All product sales prices are indicated at the web address https://www.blucaribe.net/shop/ or other page available within the website, are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

8.2. The sales prices referred to in the previous point include VAT and any other taxes. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent by the Buyer and are contained in the order summary web page, as well as in the summary email sent following the conclusion of the purchase procedure.

8.3. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product on promotion” or with equivalent names.

Art. 9

Product availability

9.1. The Supplier ensures, through the telematic system used, the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalogue, the available and unavailable products, as well as the shipping times.

9.2. If an order exceeds the available quantity, the Supplier will notify the Buyer via email whether the item can no longer be booked or what the waiting times are to obtain the item chosen, asking whether the order should be confirmed or not.

9.3. The Supplier's IT system will confirm the registration of the order as soon as possible by sending the Buyer a summary email, pursuant to point 4.2.

Art. 10

Supplier Responsibility

10.1. The Supplier assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.

10.2. The Supplier shall not be held liable towards the Buyer, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

10.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him.

10.4. Il Fornitore non assume alcuna responsabilità per l’eventuale uso fraudolento e illecito che possa essere fatto, da parte di terzi, delle carte di credito, assegni e altri mezzi di pagamento, per il pagamento dei prodotti acquistati, qualora dimostri di aver adottato tutte le cautele possibili in base alla miglior scienza ed esperienza del momento e in base all’ordinaria diligenza richiesta.

Art. 11

Supplier's obligations for defective products, proof of damage and compensable damages

11.1. The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

11.2. No compensation will be due if the damaged party was aware of the defect of the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. Likewise, defects resulting from bad and/or incorrect use of the purchased goods, from external causes (e.g. impacts, falls, etc.), from carelessness and improper use cannot be attributed to the Supplier's liability.

11.3. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.

Art. 12

Guarantees and assistance methods

12.1. The Supplier is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods.

12.2. The Buyer will lose all rights if he does not report the lack of conformity to the Supplier within 2 (two) months from the date on which the defect was discovered.

12.3. In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

12.4. In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier. Products that show clear signs of tampering or faults caused by improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.

12.5. The request must be sent in writing, by registered mail with return receipt, to the Supplier, who will indicate his willingness to proceed with the request – or the reasons that prevent him from doing so – within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the methods of shipping or returning the goods as well as the expected deadline for returning or replacing the defective goods.

Art. 13

Buyer's Obligations

13.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in this contract.

13.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email attached to the purchase order confirmation.

13.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer - who acknowledges this - before the purchase confirmation, through electronic procedures

Art. 14

Protection of the confidentiality and processing of the Buyer's data

14.1 The Supplier protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation set out in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

14.2 The personal data, including personal and fiscal data, acquired by the Supplier, the data controller, are collected and processed in the forms and according to the methods set out in the Privacy Policy of the site.

Art. 15

Communications and complaints – ODR platform

15.1. Written communications addressed to the Supplier and any complaints will be taken into consideration only if sent via email by writing from the site under the heading “Contacts”

The Buyer undertakes to indicate his/her residence or domicile, telephone number and email address to which he/she wishes the Supplier's communications to be sent.

15.2 Pursuant to art. 14 of European Regulation 524/2013, the Supplier informs the Buyer that in the event of a dispute, he/she may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa.eu/consumers/odr/. However, the Supplier invites the Buyer to use the e-mail channel by writing from the site under the heading "Contacts" to directly resolve any type of issue.

Art. 16

Applicable law and competent court
16.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, as a consumer, has his/her residence will be competent.

16.2 If any provision of this online sales contract is deemed invalid, void or unenforceable for any reason, such provision shall be deemed separate and shall not affect the validity and enforceability of the other provisions.