1. Scope
1.1 LASH & BROW di Loredana Atanasiu, CF TNS LDN 88L52 Z129D, with registered office in Piazza Drago 2, Jesolo Lido (VE), e-mail address lorena11658@yahoo.com, will be hereinafter referred to as " LoredanaAtanasiu " (any reference herein to "we" or "our" shall be construed accordingly), while the contractual partner will be hereinafter referred to as the "Client" (any reference herein to "you" and "your" shall be construed accordingly).
1.2 These General Terms and Conditions (GTC) apply to all current and future transactions concluded via the LoredanaAtanasiu online shop (www. LoredanaAtanasiu .com) or the respective mobile application, hereinafter referred to as LoredanaAtanasiu .
1.3 The offers provided on LoredanaAtanasiu are addressed exclusively to entrepreneurs within the meaning of art. 1 of the Italian Commercial Code (UGB), for whom any transaction made through our LoredanaAtanasiu is performed as part of their business. Consumers, as well as entrepreneurs whose business operations do not include such transactions, are excluded from concluding any transaction through LoredanaAtanasiu . In the event that a Customer provides misleading information claiming to perform the transaction as part of his business operations, we reserve the right to cancel such transaction and assert appropriate damages.
1.4 By making us an offer, as specified in Section 4 below, you declare that you accept these GTC. Any deviating terms and conditions applicable by you will not be binding on us. This also extends to those cases in which we do not expressly reject such deviating terms and conditions. Any terms that deviate from these GTC will only be valid if confirmed by us in writing. Our actions to fulfil the contract will not be considered as a form of confirmation.
2. Language of the contract
2.1 In addition to the German user interface and the GTC, we provide an English user interface and an English version of the GTC. The languages available for the conclusion of contracts are German and English. In any case, the German text shall prevail.
3. Exclusion of Italian law on electronic commerce
The application of any provisions specified in the Italian Electronic Commerce Act (ECG) shall not apply, unless such provisions constitute mandatory laws. In particular, the information obligations pursuant to Section 9 (1) and (2) of the ECG shall not apply.
4. Offer and acceptance
4.1 Prices, price offers and descriptions provided on LoredanaAtanasiu do not constitute a binding offer and may be withdrawn or changed by us at any time prior to explicit acceptance of your offer.
4.2 Any offer made by you to purchase our products and/or services must be confirmed by our subsequent acceptance. We are not obliged to accept your offer. A contract will be considered concluded exclusively with our acceptance, express or tacit, of your offer, in particular by shipping the goods ordered by you.
5. Prices and payment terms
5.1 The price of each individual product is the one declared and, unless otherwise and individually agreed in detail, the following provisions apply:
5.2 Prices are indicated in EURO or other currency, plus turnover tax or value added tax, as applicable. Unless otherwise indicated, prices do not include shipping and transport costs. Shipping and transport costs are indicated separately and are at your expense. In the event that the conclusion or execution of a contract leads to the necessary payment of taxes, bank charges, commissions, customs or duties, these will be borne by the Customer.
5.3 The invoice total is due at the time of ordering. In the event of an order consisting of several partial deliveries of the products pursuant to Section 6.3, we reserve the right to charge each partial delivery on a partial invoice.
5.4 You will not be entitled to seek a recovery unless a counterclaim has been confirmed with final effect by a court or has been recognised by us.
6. Delivery and transfer of risk
6.1 Delivery and transfer of risk take place at the place of destination designated by you according to the CIP clause, Carriage Insurance Paid (Incoterms 2020). The territories to which we deliver our products are indicated separately and may vary depending on the product ordered. In the event that the products are collected from our factory in Italy , delivery and transfer of risk take place according to the EXW clause, Ex Works (Incoterms 2020).
6.2 We try to meet the delivery deadlines and dates indicated. However, delivery dates and periods are considered estimates and are therefore not binding. We expressly reserve the right to make partial deliveries. You can withdraw from the contract for late delivery only after observing a reasonable contractual vacancy period of not less than two weeks. The withdrawal must be communicated by registered letter. The right of withdrawal will only concern those products/services whose delivery is delayed.
6.3 Partial deliveries are considered separate contracts. If one or more partial deliveries are delayed, you will not be entitled to withdraw from contracts relating to subsequent partial deliveries.
6.4 In the event of accidental loss or damage to the product, you will be obliged to notify us, in writing, within 8 days of receipt of the damaged product(s) or notification of the accidental loss, in compliance with the rules and processes relating to the notification and settlement of complaints. Further legal obligations will remain unaffected.
7. Force majeure
Neither Party shall be liable for any failure or delay in the performance of its respective non-monetary obligations to the extent that such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, explosion, natural phenomena, acts of God, acts or regulations of governmental bodies, nuclear, chemical or biological contamination not caused by such Party, court orders arising out of circumstances other than breach of this Agreement by the affected Party, acts of war, terrorism, riots, civil disturbances, rebellions or revolutions, strikes, lockouts or labor difficulties, epidemics or any other event or circumstance beyond the reasonable control of us or you, whichever is unable to perform the obligation (the Defaulting Party). Such event or circumstance giving rise to the failure or delay is deemed to be an event of Force Majeure.
The parties acknowledge and agree that the COVID-19 outbreak is a force majeure event and its duration, impact or extent cannot be predicted (including any measures and recommendations that may be put in place by regulatory authorities). Therefore, if our obligations are not performed and are affected and/or delayed due to causes relating to the COVID-19 outbreak, regardless of any other provision in the contract, we will not be held liable for such delay, failure or default. We will both act reasonably by promptly meeting to discuss in good faith the affected obligations, potential solutions and related issues and will document any agreed amendments to the Contract.
The defaulting Party shall be excused from any further performance of its obligations affected by such Force Majeure Event for so long as such Force Majeure Event continues, and the defaulting Party shall continue to use commercially reasonable efforts to achieve such performance.
8. Retention of title
8.1 Title to the product(s) will only pass to you after full payment of the price, including any interest or other amounts relating to the product(s). Until that time, there is no authorisation to dispose of the product(s). You must keep the products and related records in such a way as to enable us to distinguish between products paid for in full and products for which payment is outstanding. No pledges or mortgages on movable property are permitted.
8.2 You shall promptly inform us in writing of any related third party intervention.
8.3 We reserve the right to recover and resell our products in the event of default or if the conditions for termination are met. Recovery will only result in termination of the contract upon our express declaration to that effect. In the event of return of the product, we will be entitled to invoice any transport and handling costs incurred.
9. Obligation to inspect and complain
You are obliged to inspect the product(s) and ensure that they are in perfect condition, as described and complete. You may only make any claims for defective products or incomplete delivery if you promptly send us a specific written complaint relating to the defect(s) or incomplete delivery, and in any case no later than 8 days after the date on which you received the product(s).
10. Responsibility
10.1 We shall only be liable for damages due to intentional or grossly negligent breach of contract by us or our vicarious agents. Any claims for damages shall expire 6 months after the date on which you became aware of the damage and the guilty Party.
10.2 This limitation of liability applies to all claims for damages regardless of the legal basis, including, but not limited to, pre-contractual and collateral contractual claims, as well as liability for damages not related to the product itself and direct and indirect damages (e.g. unforeseen expenses, lost profits, economic forecasts, damage or loss of data). This limitation of liability shall not affect any mandatory statutory liability under the Italian Product Liability Act (PHG) and liability for personal injury.
10.3 Based on current technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are not responsible for the constant and uninterrupted availability of our online trading system.
10.4 You are required to take all appropriate and necessary actions to prevent and reduce damages.
11. Warranty
11.1 In the event that our products are defective or non-compliant, you will be entitled to assert the following limited warranty: a product is considered defective if it does not have the agreed qualities or if such product infringes industrial property rights, copyrights or other rights of third parties. You will have to provide evidence of the existence of such defects/non-compliance. The provisions of art. 924, second sentence, and art. 933b of the Italian Civil Code shall not apply.
In the event that the warranty is asserted, we shall have the right to choose at our discretion how to fulfill our warranty obligation (removal of the defect, replacement or price discount).
You agree that we may use one of our contractual partners in Italy or abroad to fulfill our warranty obligations.
11.2 Warranty rights will expire within 12 months from the time of delivery of the product or service.
11.3 The rights set out in this Section 11 will not apply in the following cases:
In the event and to the extent that the products have been repaired or modified by anyone other than us or our authorized dealers;
In the event and to the extent that the defects are caused in whole or in part by misuse, operating errors, accidents, improper use, inadequate storage, maintenance or installation or failure to comply with the indications or instructions provided by us and relating to the product(s) delivered.
11.4 Please note that based on the current state of the art (i.e. the product(s)), a possible defect of a product cannot be excluded under any conditions of use. Therefore, we do not give any guarantee of freedom from interruptions and/or errors during the use of the product, nor of correction of any errors and defects.
11.5 There is no warranty for spare parts and accessories (such as handpieces, pedals, power supplies and car batteries).
12. Permits, customs duties and export
12.1 If the purchase, carriage or use of any of the Products is subject to any prior permit or licence from a government or other authority, it will be your responsibility to obtain such permit or licence, and you will bear the cost of obtaining it and provide us with evidence of having obtained it, if requested by us. If you fail to obtain such a permit or licence, this will not entitle you to withhold or delay payment for the Products ordered. You will bear all costs and expenses arising from your failure to obtain the required permit or licence.
12.2 Products, when imported into certain countries, may be subject to customs duties. Once the product(s) arrives at the destination designated by you for delivery, customs duties, import duties and taxes may be imposed. All such additional costs for customs clearance and import duties or taxes will be borne by you.
13. Communications
13.1 Unless otherwise specified in these GTC, any notices and other communications relating to these contractual relationships may be given in writing by post (a postage prepaid letter will suffice) or by email to the address set out in Section 1.1 and to the last address notified to us by you.
13.2 Until the contractual legal transaction has been fully performed by both parties, you will be obliged to notify us of any changes to your business address. In the event of failure to notify us of a change of address, any communications will be deemed to have been delivered if sent to the last address communicated by you.
14. Protection of information and personal data
We will only process or use your personal data to the extent permitted by law, safeguarding it from unauthorized access. The terms of our Privacy Policy apply.
15. Final provisions
15.2 The transfer of rights and obligations from a concluded contractual relationship requires our prior written consent.
15.3 If a Party waives or temporarily refrains from enforcing its rights under these General Terms and Conditions, or if it grants the other Party a contractual vacancy period, the rights of the first-mentioned Party shall in any case remain unaffected. A waiver of enforcing its rights in relation to a breach of these General Terms and Conditions may not be construed as a waiver of enforcing its rights in relation to subsequent breaches of these GTC.
15.4 These General Terms and Conditions are governed by the substantive law of the Republic of Italy , excluding the conflict of laws rules and the United Nations Convention on the International Sale of Goods. In the event of disputes arising from a contract, including disputes relating to the existence or non-existence of the contract itself, the competent court shall be exclusively constituted by the courts of Vienna, first district.
15.5 Notwithstanding the foregoing exclusive forum choice, we shall have the right to bring proceedings or seek interim relief in any court having local and factual jurisdiction over you.
15.6 If any provision or parts of a provision within these GTCs are or become invalid, this shall not affect the effectiveness and validity of the remaining provisions. In the event that any provision within these GTCs or part of a contract is invalid or unenforceable, such invalid or unenforceable provision shall be deemed to be replaced by a provision which, in terms of commercial and legal effect, comes as close as possible to that invalid or unenforceable provision. The same applies in the event of a contractual gap.
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