con sede legale in
Via Biondi , n. 1
20154 Milano (MI)
e sede operativa in
Via Resegone, n. 2
23871 Lomagna (LC)
(Hereinafter also referred to as “SIC”), provides all users with the possibility to purchase the Products and Treatments under the Hairmed brand (hereinafter also referred to as the “Products”), of which SIC S.r.l. is the sole and exclusive owner, from the website www.hairmed.it.
1) General information
These general terms and conditions of sale (”General terms and conditions”) are governed by the Consumer Code (Italian Legislative Decree n. 206/2005 and successive amendments and integrations) and by the rules regarding electronic commerce (Italian Legislative Decree n. 70/2003 and successive amendments and integrations) and apply exclusively to the sale via internet of the Products as identified and listed in the Products section of the website www.hairmed.it.
Furthermore, these terms and conditions apply exclusively to contracts concluded with Consumers, as identified in art. 3, letter a) of the Consumer Code.
Without prejudice to the right of SIC to modify these conditions at any time, in the event of variations to these General Terms and Conditions, the General Terms and Conditions published on the website at the moment the order is confirmed by the Customer (hereinafter referred to as “Customer”) will be applicable to the order in question.
2) Subject of the contract
With these General Terms and Conditions of sale, SIC S.r.l. remotely sells and the CUSTOMER remotely purchases the Products at the relative prices as shown on the website in question.
The purchase contracts entered into on the website and relative to the Products and Treatments (hereinafter also referred to as “Purchase Contracts” or simply “Contracts”) are to be understood as being concluded with the aforementioned company SIC S.r.l.
The contract is understood to be concluded exclusively via the internet, through access to the website www.hairmed.it for the Products and through the creation of a purchase order in accordance with the procedure set out by the website.
Before confirming the order, the Customer undertakes to read these General Terms and Conditions of sale, with particular attention to the pre-contractual information provided by SIC S.r.l., and to accept said Terms and Conditions by checking the indicated box.
By checking the box “I agree with the Terms and Conditions of sale and the Terms and Conditions of withdrawal and I accept them without reservation” at the moment of confirming their order on the website, the Customer acknowledges that they have read, and they accept these Terms and Conditions without reservation.
A PDF copy of these General Terms and Conditions of sale are available on the website in question, allowing the Customer to save a copy as provided for by art. 51 par. 1 of Italian Legislative Decree n. 206/2005, amended by Italian Legislative Decree n. 21/2014.
Orders must be placed online by following the order procedure on the website.
The Order is considered to be correctly concluded by the Customer if the website does not show any error messages (the system cannot detect errors regarding the data provided by the customer in the invoice and delivery address fields).
5) Conclusion and effectiveness of the contract
The Purchase Contract shall be understood to be completed between SIC S.r.l. and the Customer upon receipt of the Order by SIC.
The system will confirm receipt of the Order by automatically sending an email (hereinafter also referred to as “Order Confirmation”) to the email address provided by the Customer.
This Confirmation will contain a summary of the Products and Services selected, the relative Prices (including Delivery costs and expenses regarding any additional Services requested by the Customer), the delivery address, the order number (hereinafter also referred to as “Order Number”), the General Terms and Conditions of sale provided for therein and any particular Conditions applicable to the specific Order, determined and determinable on the basis of specific Customer requests. SIC reminds the Customer to verify the correctness of the data contained in the Order Confirmation with the utmost care and attention, and to communicate any necessary corrections to SIC S.r.l. within 24 (twenty-four) hours from the receipt of the same.
The Order Number communicated by SIC S.r.l., must be used by the Customer in all communication with the Company.
SIC is committed to describing and presenting the items sold on the website as well as possible. However, there may be errors, inaccuracies or minor differences between the website presentation and the actual product.
The photographs of the Products presented on www.hairmed.it are not contractually binding and are exclusively for presentation purposes only. The Products offered may occasionally be unavailable. In this case SIC will inform the Customer if the Products chosen are either fully or partially unavailable.
6) Payment methods
The Order must be paid for on submission of the same to SIC S.r.l.
Payment must be made either by PayPal or by credit card in accordance with the indications on the relative website. For transaction security reasons, SIC reserves the right to request the sending of a copy of the credit card holder's identity document. At the moment that the Order Confirmation is communicated, the total amount to be paid will be charged to the customer.
SIC S.r.l. will issue an invoice for the Order, which will be sent together with the Product.
If, within 72 (seventy-two) hours of the confirmation of the Order, the Customer does not receive the aforementioned invoice by email, the same may contact SIC at the addresses provided.
The information provided by the Customer will be used for the purpose of issuing the invoice.
SIC S.r.l. therefore reminds the Customer to always check the accuracy of the information provided with the utmost care.
All the Product prices indicated on the website under the section “Products” and “Treatments” are inclusive of VAT.
Delivery Costs (hereinafter also referred to as “Delivery Costs”) are paid by the Customer.
Products and Treatments are charged at the Price shown on the website at the moment of submitting the Order, without any consideration of previous offers or any subsequent price changes.
In the event of a computer, manual or technical error or error of any other nature that may lead to a substantial change, not foreseen by SIC S.r.l., in the retail sale price, which would render it evidently too high or low, the Order will be considered null and void, and any amount paid by the Customer will be refunded.
8) Delivery methods
SIC will make the Delivery (hereinafter referred to as the “Delivery Service” or simply “Delivery”) via specialised couriers specifically appointed by the Company.
At the moment of Delivery, the Customer or a trusted representative must be present in order to check that the packaging is intact and clean and that the Products received correspond to those on the Order.
In the event of any visible defects, such as incorrect quantity and/or incorrect Products and/or defects in packaging, SIC requires the Customer or their trusted representative to report the aforementioned defects on the transport document, mark the same with the phrase WITH RESERVATIONS and to contact SIC S.r.l. via the channels indicated on the website.
In the event that the Customer is not present at the moment of delivery at the indicated place and time, the delivery will be rescheduled at an additional cost, which is to be paid by the customer, the amount of which may vary in accordance with the delivery method (by company staff or courier) and the relative distance of delivery.
The Customer is required to inform the company if the delivery is to be made in restricted areas and to request any necessary authorisation for transit.
The Customer must also inform SIC if boats or other special forms of transportation are required in order to complete the delivery.
In the event that the Customer fails to provide SIC S.r.l. with the information specified in the previous points, delivery will not be made, and any unforeseen expenses will be charged to the Customer.
With regards to methods of delivery, SIC S.r.l. will be exempt from any liability in the case of delays caused by events, acts, facts or circumstances that are unforeseeable, unavoidable and outside the control of the Company (for example: vehicle breakdown, strikes, riots, natural disasters, etc.) at the moment of conclusion of the individual Purchase Contracts.
In such situations SIC will promptly notify the Customer of a new deadline within which it will make the Delivery and will make every effort to fulfil all its obligations as set out in the Purchase Contract.
9) Delivery Costs
Delivery Costs (hereinafter also referred to as “Delivery Costs”) as shown on the Order and in the subsequent Order Confirmation, will be charged to the customer.
SIC S.r.l. applies Delivery Costs on the basis of the value of the purchased item as follows:
a) Delivery in Italy for orders with a value less than or equal to € 45.00 (fortyfive/00) is charged at € 5.00 (five/00) for all areas covered by the Service;
b) Delivery in Italy for orders with a value of more than € 45.00 (fortyfive/00) is free of charge for all areas covered by the Service;
c) the cost of Delivery outside of Italy is to be determined on the basis of specific requirements and agreed with the Company;
The Customer will be liable for additional charges in the event that:
- Delivery is to be made to areas where traffic is subject to limitations and/or restrictions (for example: restricted traffic areas, areas with limited vehicle access, pedestrian areas, etc.);
- the distance between the point of unloading and the delivery address for the products or treatments purchased is more than 100 (one hundred) m.
In order to have all the necessary information regarding the costs of these additional services, the Customer may contact SIC via the channels listed on the website before sending the Order.
After having sent the Order, the Customer is required to contact SIC S.r.l. via the aforementioned channels in order to promptly inform SIC of the need for the aforementioned additional services and to proceed with the relative payment by credit card.
The Company hereby informs all its Customers that, in the event that prior notice is not provided regarding the need for any additional services, SIC may not be able to deliver the Products in accordance with the agreed time schedule, and may also have to make a second Delivery, which will be charged to the customer.
In the event that prior notice is not provided, SIC S.r.l. reserves the right to charge the Customer with all the related costs for any aforementioned additional services not previously requested.
10) Support Services
The customer can obtain information regarding Support Services, including after-sales service (hereinafter also referred to as “Support Services”), by contacting SIC S.r.l. via the “Contacts” section of the website.
11) Cancellation of Orders
If the Customer wishes to cancel their Order, they may do so within 24 (twenty-four) hours of payment without incurring any additional costs. In this case SIC will reimburse the Customer for the amount paid net of any components made to measure for the customer.
In the event of cancellation of the Order more than 24 (twenty-four) hours after payment, SIC S.r.l. will reimburse the customer for the amount paid net of any components made to measure for the customer in addition to a flat rate for cancellation of € 5.00 (five/00).
12) Right of withdrawal
In accordance with current law, if the Customer is a “Consumer”, as defined in art. 3 of the Italian Consumer Code, they shall be entitled to the rights set out in artt. 52 and successive of the Italian Consumer Code as amended by Italian Legislative Decree n. 21 of 21/02/2014 and, therefore, the right to withdraw from the Purchase Contract (hereinafter also referred to as “Right of Withdrawal”) for any reason, without the need to provide any explanation and without incurring any penalties, within 14 days from the date of receipt of the Products in accordance with the modalities specified below.
Withdrawal may concern all (total withdrawal) or only part (partial withdrawal) of the SIC S.r.l. products purchased by the Consumer.
The Customer who intends to exercise their right of withdrawal must notify the Company via explicit declaration (hereinafter also referred to as “Notice of Withdrawal”), which may be sent - within the aforementioned withdrawal period - by recorded delivery with notice of receipt to:
with registered offices in
Via Biondi , n. 1
20154 Milan (MI)
or by certified email to:
The Customer may also exercise their right of withdrawal by sending the “standard return” form via the aforementioned channels as shown in Annex I, part B, of Italian Legislative Decree n. 21/2014 (not mandatory) which reads as follows:
Standard return form pursuant to art. 49, par. 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
I/we (*) hereby inform you of my/our (*) withdrawal from my/our (*) contract for the
sale of the following items (*)
Ordered on (*)/received on (*)
Name of Consumer/s
Address of Consumer/s
Signature of Consumer/s (only necessary if this document is sent in printed form)
(*) Delete as appropriate.
Following the correct exercising of the right to withdraw as described in artt. 52 and successive of the aforementioned Italian Consumer Code, SIC S.r.l. will forward the relative Case Reference Number to the Consumer by email. This Number must be indicated by the Customer on returning the Product(s) (hereinafter also referred to as “Return”).
The Return of the Product(s) must take place within 14 (fourteen) days from the date on which the Consumer physically receives the goods pursuant to art. 52 of the aforementioned Italian Consumer Code. The aforementioned deadline will be considered as met if the Consumer returns or re-consigns the relative Product(s) within the 14 (fourteen) day deadline.
SIC reminds its Customers that transportation costs related to the return of the Product(s) in question are to be paid by the Customer and that the Return is entirely the responsibility of the Customer.
The Company also reminds its Consumers to ensure that the Product(s) to be Returned is/are intact and in a normal state of preservation, in its/their original packaging and complete in all its/their parts (including packaging and any documentation) before sending.
If the right of withdrawal has been correctly exercised in accordance with artt. 52 and successive, without prejudice to the right of SIC S.r.l. to verify the integrity of the items returned, the Company will reimburse the Consumer for the full amount previously paid including any Delivery Costs within 14 (fourteen) days of notification of the Consumer's decision to withdraw from the Purchase Contract.
Pursuant to and by effect of art. 56 of the Italian Consumer Code as amended by Italian Legislative Decree n. 21/2014, SIC reserves the right to withhold reimbursement until it has received the Product(s).
The amount will be refunded by the same means of payment as the Consumer used for the initial transaction, save for requests from the Consumer to the contrary.
13) Legal warranties
The Consumer has the right to exercise the legal warranty pursuant to artt.128 to 132 of the Consumer Code.
This Warranty provides, among other points, that the Consumer, under penalty of invalidation, will inform SIC S.r.l. of any nonconformity encountered by the Consumer in the product purchased within 2 (two) months from the date on which said nonconformity was encountered (pursuant to art. 132 of the Italian Consumer Code) and, in any case, no later than 2 (two) years after delivery of the product.
As a result of said report of nonconformity, the Consumer will be entitled to request that the Product be replaced.
By virtue of the above legal Warranty, SIC S.r.l. is therefore responsible for nonconformities encountered within 2 (two) years from delivery of the Product. Beyond this period, SIC will therefore no longer be liable for any nonconformity encountered by the Consumer.
Following receipt of a Customer complaint, SIC will verify the existence of the nonconformity reported.
In order for the Warranty to be valid, the relative purchase receipt must be shown. Reference is made to the regulations set out by the Italian Consumer Code as specified in art. 128 and successive.
The Company declines all responsibility for direct or indirect damages to persons or things as a result of the failure to observe all the indications of the specific instructions delivered together with the Product and, in particular, with regard to instructions concerning use and storage of the product.
These General Terms and Conditions of Sale are constituted by the totality of the clauses that make up the same. In the event that one or more of the clauses in these General Terms and Conditions of Sale are considered to be invalid or are declared as such pursuant to the law, to regulations or as a consequence of a sentence passed by a competent court, the other clauses will continue to hold full force and effectiveness.
15) Applicable law and Jurisdiction
These Terms and Conditions of Sale are subject to Italian law.
Pursuant to and in accordance with art.141-sexies, par. 3 of the Consumer Code, the User is hereby informed that they hold the role of Consumer pursuant to art. 3, par. 1, letter a) of the Italian Consumer Code which states that in the event that they have filed a complaint directly with the Company which has not, however, been resolved they may contact an Alternative Dispute Resolution organisation or organisations for the out-of-court resolution of disputes regarding the obligations deriving from the contract concluded on the basis of these General Terms and Conditions of Sale (known as ADR organisations as indicated in artt.141-bis and successive of the Consumer Code).
In particular, it is hereby stated that a European platform has been set up for the online resolution of consumer disputes (known as the ODR platform). The ODR platform, which can be consulted at http://ec.europa.eu/consumers/odr/, provides Consumers with a list of ADR organisms and relative website links via which it is possible to set up online resolution procedures for disputes in which they are involved.
The above is without prejudice to the right of the Consumer to refer to the competent court for the dispute arising from these General Terms and Conditions of Sale whatever the result of the out-of-court settlement, as well as the right, where applicable, to opt for an out-of-court settlement of disputes concerning consumer relations through the procedures set out in Part V, Title II-bis of the Italian Consumer Code.
In the event in which the Consumer resides in a member state of the European Union other than Italy, they may furthermore, for any dispute relative to the application, execution and interpretation of these General Terms and Conditions of Sale, make use of the European Small Claims Procedure pursuant to Regulation (EC) n. 861/2007 of the European Parliament and of the Council of 11 July 2007 on the condition that the value of the claim does not exceed the sum of € 2,000.00 exclusive of all interest, expenses and disbursements (the full Regulation can be seen on the website www.eur-lex.europa-eu).
All disputes that cannot be settled amicably will be subject to the exclusive jurisdiction of the court in the place of residence or domicile of the Client if located within state territory.
In any case, it is possible to opt for mediation pursuant to Italian Legislative Decree n. 28/2010 for the resolution of any disputes emerging from the interpretation and execution of these terms and conditions of sale.
15) Processing of Personal Data
Customer data are processed by SIC in accordance with the most recent legislation regarding the protection of personal data (G.D.P.R.), as specified in the policy published on the website and referenced here.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.