GENERAL TERMS AND CONDITIONS OF SALE
Art. 1 - General Provisions
1. These General Terms and Conditions of Sale (hereinafter referred to as the General Terms and Conditions) apply, without limitation or condition, to all sales of products marketed by PASSIONE (UK) LTD | Registered office, operational and administrative headquarters: London Road, Staines-upon-Thames, TW18 4AX | Company number 13720347 through www.passionebeauty.com (both hereinafter referred to as the Website).
2. PASSIONE (UK) LTD carries out its business using the brand name "Passione Beauty". Therefore, any reference to Passione Beauty, whether contained in this document, in e-mail addresses, in the information contained in the products and/or in any other documentation concerning the sales governed herein, shall be considered as directed and referring to PASSIONE (UK) LTD
3. The Customer undertakes to read the General Terms and Conditions before confirming the order and to accept them in full by ticking the box indicated. If the Customer does not accept the General Terms and Conditions, they will not be able to place the order.
4. The General Terms and Conditions are made available on the Website in a format that allows them to be stored and reproduced by the Customer.
Art. 2 - Subject matter
1. PASSIONE (UK) LTD, through the Website, sells cosmetic products and nail care equipment online, including specialist products intended for professional use only and not available to the public (hereinafter referred to as "Products" for brevity). Products intended for professional use only may only be purchased by customers who declare, under their sole responsibility, that they are professional customers in the beauty sector or podiatrists, or that they will use the Products under the supervision and control of a professional in the beauty sector or podiatrist (products for professional pedicures).
2. PASSIONE (UK) LTD, through the Website, sells training services relating to cosmetic products and nail care equipment, including specialist products intended for professional use only and not available to the general public (hereinafter referred to as "Services"). Services intended for professional customers only may be purchased solely by customers who declare, under their sole responsibility, that they are professional customers in the beauty sector or podiatrists, or that they use the Products under the supervision and control of a beauty professional or podiatrist (products for professional pedicures). PASSIONE (UK) LTD reserves the right to ask the Customer to provide their VAT number and/or any documentation proving their status.
The resale of professional Products to end consumers is prohibited, unless otherwise specified in the contract. The Customer is liable for any improper or non-compliant use.
The national consumer protection law does not apply to relations between Passione Beauty and other professionals (B2B); if, despite the above measures, a consumer purchases professional products unduly, PASSIONE (UK) LTD may cancel the order and refund the amount paid, without prejudice to any expenses incurred and any liability of the Customer for false statements.
3. The training covers the topics specified in the detailed programme provided in advance in writing to the participant and accepted by them.
4. Classroom training is provided at the facilities indicated in writing by PASSIONE (UK) LTD in the order confirmation.
5. Where provided for in the contract, the slides prepared by the teachers present at the individual training sessions will be made available to the Customer. All material will be downloadable from the website in the customer account, section MY COURSES - TEACHING MATERIAL.
6. The fee for participation in the physical classroom includes a) the sending of teaching materials in electronic format and b) the possibility of submitting questions of specific interest to the speakers by e-mail. It is also possible to submit questions and requests for further information in advance by sending an e-mail to education@passionebeauty.it by the day before the physical event.
7. The fee for participation in the electronic classroom (access to online videos) includes the sending of teaching materials in electronic format, where provided for in the order confirmation.
8. It is understood that, in any case, the Services and Products purchased by Customers during the training sessions may not be sold/resold to third parties by Customers, unless expressly authorised in writing by PASSIONE (UK) LTD.
It is understood that, in any case, the Products and Services referred to in the above point may not be sold/resold by Customers to third parties, unless expressly authorised by PASSIONE (UK) LTD.
Art. 3 - Customers
1. These General Terms and Conditions apply to all natural and/or legal persons who purchase Products through the Website (hereinafter referred to as Customer/Customers), either by registering on the Website through the appropriate online procedure, storing their personal data and information relating to previous orders, or as guests, for whom no data will be stored.
2. The rights and powers reserved by law and/or these general terms and conditions to consumers shall not apply in all cases where the Products are purchased for purposes related to the Customer's business and/or professional activity in the beauty sector.
3. By accepting the General Terms and Conditions, the Customer declares that they have full capacity to act and all the necessary powers and requirements to purchase the Products. By accepting these General Terms and Conditions, the Customer declares that they are of legal age according to the regulations of the Customer's country of residence at the time of the Order. It should be noted that any contracts entered into by minors cannot be cancelled and that such contracts will be attributed to the person exercising parental responsibility or to the holder of the means of payment used. The persons exercising parental responsibility for the minor are liable for any damage caused by the minor in completing the Order. It is forbidden to enter false and/or invented data in the registration form. Personal details and email addresses must correspond exclusively to those of the Customer. It is also forbidden to make untruthful statements for the purpose of concluding the contract.
PASSIONE (UK) LTD, consequently, assumes no direct or indirect responsibility of any kind resulting from the use/entry of false/invented or untrue data/information/statements.
Art. 4 - Pre-contractual information
1. Before concluding the purchase contract, the Customer shall review the characteristics of the Products as described in the individual product descriptions on the Website. The images accompanying the Products do not constitute a contractual element. In fact, due to the technical characteristics of the various media used for display, they may differ in terms of accessories (in particular, shades and colour tones).
2. The Products comply with the legislation applicable in Italy and UK at the time of the Order. PASSIONE (UK) LTD cannot be held responsible for the non-compliance of the Products with the legislation of the different country in which the Customer intends to use them.
3. PASSIONE (UK) LTD may change the range of Products and/or the information relating to them, such as prices, descriptions or availability, at any time without prior notice.
4. The Customer may, at any time and in any case before the conclusion of the contract, obtain information identifying PASSIONE (UK) LTD (address, telephone and fax number, e-mail address). This information is also provided below:
PASSIONE (UK) LTD
Registered and operational office
London Road, Staines-upon-Thames, TW18 4AX
Company number 13720347
info_uk@passionebeauty.com
5. For any questions regarding the Products and their use, or for any further questions or requests for clarification, the Customer may contact Customer Service by email at the following address: info@passionebeauty.com
Art. 5 - Order
1. When the Customer places their first order, following the instructions on the Website, the automated system asks them to fill in a form with the details required for invoicing and the shipping address. The Customer can modify their account at any time.
2. The information and personal data provided by the Customer must be accurate, precise, truthful and up to date. Any damage/delays/inefficiencies resulting from the incorrect entry of data by the Customer shall be attributable solely to the latter.
3. If orders exceeding €3,000.00 are placed, the order will be accepted subject to verification of the Customer's identity.
4. Before the final confirmation of the Order, the Customer is informed of:
- the essential characteristics of the Products in the shopping cart;
- the total price of the Products including taxes, with details of shipping costs and any other costs;
- the payment methods;
- the deadline by which PASSIONE (UK) LTD undertakes to deliver the Products, via a link to the relevant section of the Website;
- the conditions, terms and procedures for exercising the right of withdrawal and the related costs for returning the goods, the existence of the legal guarantee of conformity for the goods purchased, via a link to these general terms and conditions of sale.
5. After reading the General Terms and Conditions and the Privacy Policy and accepting them by ticking the appropriate box, the Customer must select the desired payment method and press the confirmation button clearly marked 'SEND ORDER'.
6. The status of each order can be checked by accessing the "Orders" area of your account.
Art. 6 - Conclusion of the contract - Order confirmation
1. The sales contract between PASSIONE (UK) LTD and the Customer is only considered finalised upon receipt by the Customer of the order confirmation sent to the email address provided during registration.
For Training Services, if the number of places available is limited, priority for registration is determined by the date of order confirmation. We therefore recommend that you pre-register by email on info_uk@passionebeauty.com.
2. PASSIONE (UK) LTD reserves the right to cancel any order it is unable to fulfil. In this case, PASSIONE (UK) LTD will notify the Customer of the cancellation of the order within 5 days of receipt and will refund any sums already paid by the Customer. For Training Services, PASSIONE (UK) LTD also reserves the right to cancel the order received if there are objective indications (including reports from third parties) suggesting that the Customer is reselling to third parties the Products used or purchased during the training activities.
3. PASSIONE (UK) LTD also reserves the right to cancel the order received if there are objective indications (including reports from third parties) suggesting that the Customer is reselling the Products to third parties.
4. The order confirmation email contains the Customer's details, the order number, a summary of the General Terms and Conditions, the essential characteristics of the product ordered, its price, the amount paid, the existence of the right of withdrawal if the customer is a consumer (with an indication of the times and methods for returning the goods), the address for submitting any complaints and information on assistance services and existing commercial guarantees.
5. In order to ensure the accuracy and traceability of the order to the Customer who placed it, PASSIONE (UK) LTD does not allow changes and/or additions to orders that have been sent. The Customer may only request, by email and/or telephone to the contact details indicated on the Website, the cancellation of the order, provided that the request is made by 2 p.m. on the day of placement or, in the case of orders placed after 2 p.m., by 2 p.m. on the first following working day.
6. Without prejudice to the provisions of Article 5, paragraph 2 of these General Terms and Conditions, the Customer undertakes to verify the accuracy of the personal data contained in the order confirmation. Any corrections will only be considered if received by 2 p.m. on the day of entry or, in the case of orders placed after 2 p.m., by 2 p.m. on the next working day. In the absence of such notification, PASSIONE (UK) LTD cannot be held liable for any consequent damage/delays/inefficiencies.
7. PASSIONE (UK) LTD undertakes to keep the consumer Customer informed of any updates available and necessary to maintain the compliance of the digital content and services covered by the order confirmation, and to provide them during the period of supply (if this is expected to be continuous for a certain period) or, if the supply takes place in a single act or a series of individual acts, within the period of time that the consumer customer can reasonably expect (based on the type and purpose of the content or service and the circumstances and nature of the contract).
Art. 7 - Prices
1. The sales prices indicated on the Website are inclusive of VAT and refer solely to products sold online.
2. PASSIONE (UK) LTD reserves the right to change its prices at any time. It is understood that the price applied to the Customer will be the price in force at the time the order is placed and indicated in the Order Confirmation, without taking into account any price increases or decreases, including promotions, that may occur subsequently.
3. Except for any promotions duly advertised on the Website, shipping costs are not included in the purchase price. For orders under £70.00, these costs are borne by the Customer and are indicated and calculated at the end of the purchase process before payment is made. For orders over £70.00, shipping is free of charge.
4. In the event of a computer, manual, technical or any other error that could result in a substantial change in the retail price (not foreseen or foreseeable by PASSIONE (UK) LTD) and which makes it exorbitant or manifestly derisory, the purchase order will be considered invalid and cancelled, and the amount paid by the Customer will be refunded within 14 days of the date of cancellation.
Art. 8 - Payment methods
1. PASSIONE (UK) LTD accepts payments, offering a secure online shopping experience thanks to Stripe or PayPal technology and the 3D secure protocol, made with the following credit cards:
- Visa
- MasterCard
- American Express
The transaction will only be charged to the Customer's credit card after:
a) the credit card details have been verified;
b) authorisation for the charge has been received from PASSIONE (UK) LTD that issued the credit card used by the Customer.
2. PASSIONE (UK) LTD also accepts payments made by bank transfer. The transfer must be made out to PASSIONE (UK) LTD, and the order number must be indicated as the reason for payment. The transfer must be made within 5 working days of the order. If PASSIONE (UK) LTD does not receive payment within 8 days of the order, the order will be cancelled without further notice. Any bank charges will be borne by the Customer.
3. If the amounts due cannot be credited for any reason, even if not attributable to the Customer, the Order will be automatically cancelled.
4. For orders not exceeding £1000.00, PASSIONE (UK) LTD also accepts payment in cash by courier upon delivery (known as "cash on delivery"). Services related to this payment method incur a cost of £4.99, which will be charged to the Customer. If the parcel is refused by the Customer, the costs of storage and return of the Products will be borne by the Customer.
5. For orders over €50.00, PASSIONE (UK) LTD accepts instalment payment methods (e.g. "Buy Now, Pay Later") offered by third parties (the "Financier"). The financing contract is entered into directly between the Customer and the Financier; PASSIONE (UK) LTD remains unrelated to this relationship, without prejudice to the regular execution of the sale.
The options currently available are:
- payment made with Scalapay, in 3 instalments or 4 instalments. The two options depend on the total checkout amount:
o Pay in 3 from £50 to £199.99
o Pay in 4 or Pay in 3 from €200 to €2,500
- PayPal Pay Later for orders over £100.00.
Before the sale is concluded, the Website provides: (a) clear and visible information that payment in instalments is a service provided by third parties; (b) direct links to the Lender's financial and contractual terms and conditions (SECCI/pre-contractual information, costs, any late payment fees, management of reminders); (c) a summary of the repayment plan (number of instalments, amount per instalment, total due), highlighting any late payment fees and that the absence of interest does not exclude additional charges.
Any creditworthiness assessment and the outcome of acceptance/revocation of the instalment plan are the sole responsibility of the Lender; the selection of this option may involve the processing of personal data by the Lender in accordance with its privacy policy, to which the Customer is referred.
In the event of withdrawal from the sales contract, PASSIONE (UK) LTD shall reimburse the Lender, who shall adjust the Customer's repayment plan in accordance with the respective terms and conditions.
Art. 9 - Shipping and delivery of products
1. Products are delivered by express courier to the address indicated by the Customer at the time of ordering. Deliveries will be made within the terms indicated in the relevant section of the Website and set out below (https://www.passionebeauty.com/it_it/spedizioni-e-consegna/).
2. These delivery terms are merely indicative and are not binding on PASSIONE (UK) LTD. In any case, PASSIONE (UK) LTD undertakes to deliver the Products to Customers within 30 days of order confirmation.
3. PASSIONE (UK) LTD shall therefore not be held liable for any damage caused to the Customer and/or the recipient of the Products by a delay in delivery of less than 30 days from the order confirmation.
4. The Customer is required to check the Products and packaging upon delivery, accepting them "with reservation" in the event of any discrepancies.
Shipping times: from the moment the order is confirmed, it will leave our warehouse within a maximum of 2 working days. *Excluding Sundays and public holidays.
Delivery times: once the order has been handed over to the courier, delivery will take approximately 24/72* hours. *Excluding Saturdays, Sundays and public holidays.
Times may vary depending on promotional periods, sales or holidays. The actual shipping and delivery times will be communicated after the order confirmation email. Any delays in shipping will be indicated on the website before the order is placed.
5. The risk of loss or damage to the Products is transferred to the Customer only when they, or a third party designated by them other than the carrier, takes physical possession of the Products. If the Customer chooses to entrust the transport of the Products to a carrier proposed by them (and not offered by PASSIONE (UK) LTD), the risk is transferred to the Customer upon delivery of the goods to the carrier. The Customer's rights vis-Ã -vis the carrier under applicable law remain unaffected.
6. Services consisting of classroom training are provided within the terms indicated in the Order, those consisting of digital video content by activating the access link, and, if specified in the Order, other training materials, within 3 working days of the Order confirmation.
7. In the case of classroom training, PASSIONE (UK) LTD reserves the right to change the date of provision of the Service, giving the Customer 7 days' notice, and shall not be held liable for any damage caused to the Customer and/or the recipient of the Services by the postponement of provision for no more than 60 working days.
8. Training videos can be accessed from anywhere using a PC or tablet with an Internet connection, at the Customer's expense. The IT platform used by PASSIONE (UK) LTD does not require any special technical requirements. In the days leading up to the event, participants will receive their login credentials and instructions by email. On the day of the event, simply select the link in the email and enter your credentials to access the agreed video materials.
9. The Customer is strictly prohibited from downloading locally, recording, copying, reproducing, modifying, translating, making backup copies, publishing, disseminating, incorporating into other works, transferring or otherwise making available to unauthorised third parties, and in any case using, in whole or in part, for purposes other than their own use, without the prior written authorisation of PASSIONE (UK) LTD, including, but not limited to, the related printed materials and/or digital content, as these are protected by copyright in favour of PASSIONE (UK) LTD.
10. The Customer is required to keep strictly confidential, through the adoption of adequate technical and organisational security measures, and not to share with third parties, any authentication credentials or access links to the Services communicated by PASSIONE (UK) LTD
Art. 10 - Consumer's right of withdrawal
Art. 10.1 Products
1. The Customer has the right to withdraw from the purchase without penalty and without specifying the reason within 14 days from the date of receipt of the Products. In the case of multiple purchases made by the Customer in a single order and delivered separately, the 14-day period shall start from the date of receipt of the last Product.
2. In the case of purchases from the United Kingdom, consumer customers who wish to exercise their right of withdrawal must notify the latter text to PASSIONE (UK) LTD by means of an explicit statement sent by registered letter with return receipt/e-mail to the following addresses:
PASSIONE (UK) LTD
Registered office, operational and administrative headquarters in
London Road, Staines-upon-Thames, TW18 4AX
Company number 13720347
info_uk@passionebeauty.com
Text of withdrawal:
I, the undersigned, hereby notify my withdrawal from the contract of purchase of the following goods: ________________________________________________ [insert a description of the products purchased], ordered on ________________________; order number ________________________ and received on ________________________, and request a refund of the amount paid for the returned products, by crediting the relevant amount to the payment method used for the purchase.
- Customer's first name, surname and address
- Customer's signature
- Date
3. In the case of purchases from Italy, Spain, Germany, France, the seller will be Passione Beauty S.p.A., and Consumer Customers who wish to exercise their right of withdrawal must notify Passione Beauty S.p.A. by means of an explicit statement sent by registered letter with return receipt/e-mail to the following addresses:
Passione Beauty S.p.A., Registered office, operational and administrative headquarters in Viale Crispi 89/93, 36100 Vicenza, info@passionebeauty.com, +390444239569
Text of withdrawal:
I, the undersigned, hereby notify my withdrawal from the contract of purchase of the following goods: ________________________________________________ [insert a description of the products purchased], ordered on ________________________; order number ________________________ and received on ________________________, and request a refund of the amount paid for the returned products, by crediting the relevant amount to the payment method used for the purchase.
- Customer's first name, surname and address
- Customer's signature
- Date
4. In the event of exercising the right of withdrawal, the Customer shall return the Products to PASSIONE (UK) LTD without undue delay and in any case within 14 days from the date on which the above notification was sent.
5. The Products must be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessories: manuals, cables, etc.) and accompanied by the relevant tax documentation.
6. The return costs shall be borne exclusively by the consumer Customer. Packages sent at the expense of the recipient will not be accepted.
7. The right of withdrawal cannot be exercised in the case of:
- purchase of clearly personalised goods;
- purchase of sealed goods that cannot be returned for hygiene reasons (including cosmetics, all tools and equipment intended for personal care) and which have been opened after delivery.
8. The Customer is in any case responsible - even if they refrain from removing the seals from the Product and/or its packaging - for any decrease in the value of the Product and/or its packaging caused by handling the Product and/or its packaging.
9. Without prejudice to the right to verify compliance with the above, PASSIONE (UK) LTD will refund the amount of the Products subject to withdrawal (including any delivery costs) within a maximum of 14 days from receipt of the return using the same means of payment used by the Customer, unless otherwise agreed.
Art. 10.2 Training Services
The Customer has the right to withdraw from the purchase of training services without penalty and without specifying the reason within 14 days from the date of receipt of the Order confirmation.
In the case of multiple purchases made by the Customer in a single order and relating to Services provided separately, the 14-day period shall start from the date of confirmation of the Order for the first Service.
The consumer Customer acknowledges and accepts that, in the case of the purchase of digital training services (video content, online courses) provided by PASSIONE (UK) LTD via a non-material medium (access via link or online platform), the right of withdrawal is lost when the Customer starts accessing the digital content.
By accepting these General Terms and Conditions and subsequently accessing the training content, the Customer expressly declares that they consent to the commencement of the service during the withdrawal period and waive their right of withdrawal from that moment onwards.
Before accessing the service, the Customer must explicitly confirm that they are aware of the loss of the right of withdrawal once the digital content is made available. To this end, the Customer must select a checkbox certifying that they have read and accepted the above.
PASSIONE (UK) LTD will provide the Customer with confirmation of the start of the digital service before access to the training content. In the case of classroom training, non-consumer Customers are still entitled to withdraw. Withdrawal must be communicated in writing at least 7 days before the start date of the classroom training event (excluding on Saturdays and Sundays), or within 14 days of the Order confirmation date without the Customer having accessed the link to the digital video content covered by the Order.
If the cancellation is received after this deadline or if the Customer fails to attend the classroom training session specified in the order confirmation, the participation fee will be charged in full and the teaching materials will be sent to the participant (if delivery of the same was specified in the order confirmation).
3. Consumer Customers who wish to exercise their right of withdrawal must notify PASSIONE (UK) LTD by means of an explicit statement sent by registered letter with return receipt/e-mail to the following addresses:
PASSIONE (UK) LTD, Registered office, operational and administrative headquarters in London Road, Staines-upon-Thames, TW18 4AX, Company number 13720347, info_uk@passionebeauty.com.
Text of withdrawal:
The undersigned ______________ hereby notifies the withdrawal from the contract for the purchase of the following Services: ________________________________________________ [insert a description of the Services purchased], ordered on _______________, order number ________________________ and received on _____________, and, only in the case of withdrawal communicated more than 7 days prior to the scheduled start date of the course, or withdrawal communicated within 14 days of the order confirmation date without the undersigned having accessed the link to the videos covered by the order, requests a refund of the amount paid for the Services not used, by crediting the relevant amount through the payment method used for the purchase.
- Customer's first name, surname and address
- Customer's signature
- Date
4. In the case of purchases from Italy, Spain, Germany France, the seller will be Passione Beauty S.p.A., and Consumer Customers who wish to exercise their right of withdrawal must notify Passione Beauty S.p.A. by means of an explicit statement sent by registered letter with return receipt/e-mail to the following addresses:
Passione Beauty S.p.A., Registered office, operational and administrative headquarters in Viale Crispi 89/93, 36100 Vicenza, info@passionebeauty.com, +390444239569.
Text of withdrawal:
The undersigned ______________ hereby notifies the withdrawal from the contract for the purchase of the following Services: ________________________________________________ [insert a description of the Services purchased], ordered on _______________, order number ________________________ and received on _____________, and, only in the case of withdrawal communicated more than 7 days prior to the scheduled start date of the course, or withdrawal communicated within 14 days of the order confirmation date without the undersigned having accessed the link to the videos covered by the order, requests a refund of the amount paid for the Services not used, by crediting the relevant amount through the payment method used for the purchase.
- Customer's first name, surname and address
- Customer's signature
- Date
5. In the event of exercising the right of withdrawal more than 7 days prior to the scheduled start date of the course, or withdrawal communicated within 14 days of the Order confirmation date without the Customer having accessed the link to the videos covered by the Order, Passione Beauty S.p.A. shall refund the consumer Customer the amount paid for the Services covered by the Order without undue delay and in any case within 14 days from the date on which the consumer Customer submitted the notice of withdrawal.
6. PASSIONE (UK) LTD reserves the right, for exceptional and unforeseeable reasons, to cancel or change the date of the classroom training event, notifying those concerned within three days of the scheduled start date. In such cases, the participation fees received will be refunded, excluding any charges or obligations to be borne by PASSIONE (UK) LTD. PASSIONE (UK) LTD also reserves the right, for reasons beyond its control and due to force majeure, to modify the structure of the programme and to replace the scheduled teachers with other teachers of the same professional level.
7. At any time, PASSIONE (UK) LTD or client firm may replace the participant, communicating the new name to the PASSIONE (UK) LTD administrative office.
Art. 11 - Legal warranty
Art. 11.1 Products
1. Products purchased by the Consumer in England and Wales and of Northern Ireland are covered by a six-year legal warranty of conformity starting from the date of delivery of the Product. In Scottland legal warranty is five-year.
2. The legal guarantee applies when, within the aforementioned terms, the Product has a lack of conformity, i.e. it is:
a) unfit for the use for which goods of the same type are normally used;
b) does not conform to the description made by PASSIONE (UK) LTD on the Website;
c) lacks the usual quality and performance of goods of the same type that the Customer can reasonably expect.
3. In such cases, the consumer Customer is entitled to have the goods brought into conformity free of charge by repair or replacement. If replacement of the goods is impossible or excessively burdensome for PASSIONE (UK) LTD, the consumer Customer may, at their discretion, request an appropriate price reduction or termination of the contract.
4. The consumer Customer forfeits these rights if they do not report the lack of conformity to PASSIONE (UK) LTD within two months of its discovery. In any case, the action to enforce defects not maliciously concealed by PASSIONE (UK) LTD is time-barred within twenty-six months from the delivery of the Product.
5. The Customer must contact Customer Service to report the non-conformity of the Products and follow the procedure for returning non-conforming Products that will be indicated to them.
6. The non-compliant Product must be returned to PASSIONE (UK) LTD, complete with the original packaging, accessories and documentation received by the Customer at the time of delivery. Otherwise, PASSIONE (UK) LTD will not be able to replace it.
7. Once the Products returned by the Customer have been received, PASSIONE (UK) LTD will verify the validity of the complaints. Only if this verification is positive will PASSIONE (UK) LTD replace the non-compliant Product and send it to the Customer as soon as possible and in any case within 30 (thirty) working days of receipt of the Products. The shipping costs will be entirely borne by PASSIONE (UK) LTD
8. If PASSIONE (UK) LTD is unable to replace the Products within the aforementioned period, it will immediately notify the Customer at the email address provided at the time of purchase so that the Customer may exercise their legal rights.
9. In all cases where the Products are purchased for purposes related to the Customer's business/professional activity in the beauty sector, the legal warranty of 1 year from delivery of the Product shall apply.
10. In the case referred to in the previous point, without prejudice to the applicability of the provisions of points 2, 3, 5, 6, and 7 of this article, the Customer shall forfeit their rights if they do not report the lack of conformity to PASSIONE (UK) LTD within eight days of its discovery. Any action to enforce defects not maliciously concealed by PASSIONE (UK) LTD shall, in any case, be time-barred within one year from delivery of the Product.
Art. 11.2 Training Services
1. The legal guarantee applies when the Service provided does not comply with the description given by PASSIONE (UK) LTD on the Website and/or is not provided in such a way as to constitute a serious breach of the duties of normal professional diligence.
2. In the case of a Service consisting of classroom training, the consumer Customer is entitled to a repeat or replacement of the Service, free of charge, as soon as possible and in any case within 60 (sixty) working days of receipt of the complaint deemed to be justified.
If the repetition or replacement of the Service is impossible or excessively burdensome for PASSIONE (UK) LTD or cannot be carried out within the aforementioned period of 60 (sixty) days, PASSIONE (UK) LTD shall immediately notify the Customer at the email address provided at the time of purchase and the consumer Customer may, at their discretion, request an appropriate price reduction or the termination of the contract and a refund of the price.
3. PASSIONE (UK) LTD is liable to the consumer Customer for failure to supply and for any lack of conformity of the digital content or service that becomes apparent within two years of supply. There is no limitation period for reporting such defects.
If the order confirmation relates to digital content or services that can be used immediately or for a limited period (e.g. 30 days from the date of communication of the access link), the above guarantee of conformity is limited to the duration of the supply.
Any action to enforce defects not maliciously concealed by PASSIONE (UK) LTD shall, in any case, be time-barred within 26 months of the provision of the Service.
PASSIONE (UK) LTD undertakes to ensure that the digital content or service:
a) correspond to the description, quantity and quality specified in the order confirmation and have the functionality, compatibility, interoperability and other characteristics specified in the order confirmation; the following definitions apply in this regard:
• "compatibility": the ability of the digital content or digital service to function with hardware or software with which digital content or digital services of the same type are normally used, without the need to convert the digital content or digital service;
• 'functionality': the ability of the digital content or digital service to perform all its functions in accordance with its purpose;
• "interoperability": the ability of digital content or digital services to function with hardware or software other than that with which digital content or digital services of the same type are normally used;
b) it will be suitable for any particular use intended by the Customer and which has been brought to the attention of PASSIONE (UK) LTD at the latest at the time of conclusion of the contract and which PASSIONE (UK) LTD has accepted by means of an order confirmation;
c) it will be supplied with all accessories, instructions, including those relating to installation and customer support, as provided for in the contract; and
d) will be updated as may be provided for in the contract;
e) it will be fit for the purposes for which a digital content or service of the same type would be used;
f) it will have the qualities, quantity and performance characteristics normally found for that type of content or service and which the consumer customer can reasonably expect;
g) it will have the accessories and instructions that the consumer Customer can reasonably expect to receive.
4. In the event of a lack of conformity of the digital content or service, the consumer Customer shall be entitled, as a matter of priority, to have the lack of conformity remedied and, alternatively, to receive a proportionate reduction in the price or to have the contract terminated, in the following cases:
• if the remedy of restoration of conformity is impossible or would impose costs on PASSIONE (UK) LTD that it considers disproportionate on the basis of good faith criteria;
• if PASSIONE (UK) LTD has not restored the conformity of the digital content or service;
• if a lack of conformity occurs despite PASSIONE (UK) LTD's attempt to restore the conformity of the digital content or digital service;
• if the lack of conformity is so serious as to justify an immediate price reduction or termination of the contract;
• if PASSIONE (UK) LTD has stated, or it is equally clear from the circumstances, that it will not restore the conformity of the digital content or digital service within a reasonable time or without significant inconvenience to the consumer Customer.
The price reduction shall be proportional to the decrease in value of the digital content or digital service provided to the consumer Customer compared to the value it would have had if it had been compliant. However, if the lack of conformity is minor, the consumer Customer shall not be entitled to terminate the contract, but only to a price reduction.
The restoration of conformity shall be carried out free of charge and without significant inconvenience to the consumer Customer, within a reasonable period of time from the moment PASSIONE (UK) LTD was informed of the lack of conformity, provided that it has been established that the lack of conformity is justified. In any case, this restoration period shall not exceed 60 (sixty) days.
5. The refund of the price to the consumer Customer shall be made using the same means of payment used by the consumer Customer (unless the latter expressly agrees to the use of another means and does not incur any costs for the refund).
6. In all cases where the Services are purchased for purposes related to the Customer's business/professional activity in the beauty sector (purchase by a non-consumer Customer), the following shall apply:
• in the case of a Service consisting of classroom training, the legal guarantee referred to in Article 11.2, it being understood that any defects in the Services must have become apparent within 6 months of their provision;
• in the case of a Service consisting of digital content or services, the guarantee referred to in Article 11, it being understood that:
1. o in this case, the Customer forfeits their rights if they do not report the lack of conformity of the Service to PASSIONE (UK) LTD within 10 (ten) days from the date of use, and
2. o the action to enforce defects not maliciously concealed by PASSIONE (UK) LTD shall, in any case, be time-barred within two years from the provision of the Service.
7. The Customer must contact Customer Service to report the non-conformity of the Service. Once PASSIONE (UK) LTD has received the complaint from the Customer, it will verify the validity of the claims and communicate its assessment to the Customer.
Art. 12 - Limitations of Liability
1. PASSIONE (UK) LTD assumes no responsibility for disruptions attributable to the courier, to the actions of a third party, to the fault of the Customer or attributable to force majeure/unforeseeable circumstances or any other event, including malfunctions and disruptions of the Internet network, which are not under the exclusive control of PASSIONE (UK) LTD
2. Examples of force majeure include, but are not limited to: accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, theft and other similar events, measures taken by public authorities, strikes by PASSIONE (UK) LTD's own employees or those of its carriers, as well as any other circumstances beyond the latter's control.
3. The Customer is fully responsible for purchases made on the Website and undertakes to read carefully the instructions and warnings for use of the Products purchased and to use them in accordance with these conditions.
4. PASSIONE (UK) LTD shall not be held liable for any unauthorised use of the Products, use that does not comply with the instructions for use and/or use that is in any way inconsistent with the normal intended use.
5. Purchase of My Lamination products: Products for professional use may only be used by individuals with expertise in the field of lamination, professional beauticians with expertise in the field of lamination, who have also completed the appropriate training course offered by Exclusive Lash & Brow SRL, My Lamination and My Lamination Brow.
Any use other than that described above, or by non-professionals, or without specific knowledge of the subject, or by persons who have not attended the 'My Lamination 4 in 1' course or the courses offered by Exclusive Lash & Brow SRL, My Lamination and My Lamination Brow, is not considered approved by Exclusive Lash & Brow SRL, and any complaint of any nature and/or damage resulting directly or indirectly from it cannot in any way be attributed to Exclusive Lash & Brow SRL.
6. Purchase of products for resale: it is the sole responsibility of the reseller to meet the legal requirements for the independent distribution of food products (in particular, for the sale of food supplements).
Art. 13 - Integrity
1. The General Terms and Conditions, as well as any document expressly referred to therein, constitute the entire agreement between the Customer and PASSIONE (UK) LTD with regard to the subject matter of the contract and supersede any previous agreement, understanding or pact between the same parties, whether oral or written.
2. If one or more provisions of these General Terms and Conditions are considered invalid or declared as such under the law, the other provisions shall continue to be fully valid and effective.
Art. 14 - Dispute resolution
1. PASSIONE (UK) LTD informs Customers that they may resolve any dispute arising in relation to the correct application of this contract (including, by way of example and without limitation, disputes relating to the validity, total or partial non-performance and/or termination of the contract) through Alternative Dispute Resolution procedures applicable or before the competent judicial authorities.
Art. 15 - Confidentiality of personal data
1. These General Terms and Conditions are governed by Italian law. In case of purchase by consumers, remains applicable the national consumer protection law, as well as the provisions on electronic commerce.
Without prejudice to the jurisdiction of the Consumer Court, the exclusive court of jurisdiction for the resolution of any disputes arising from the application of these General Terms and Conditions is that of Vicenza. The possibility of resolving any disputes relating to the correct application and execution through ADR, as referred to in Article 14 of these General Terms and Conditions, remains unaffected.
Art. 17 - Amendments
1. PASSIONE (UK) LTD reserves the right to amend these General Terms and Conditions at any time and without prior notice. The updated version is published on the Website with an indication of the date of entry into force. It is the Customer's responsibility to check for any changes at the time of each purchase.
2. Amendments to the General Terms and Conditions apply immediately to browsing the Website and managing the shopping cart that has not yet been converted into an order. Continued use of the Website after the date of entry into force implies acceptance of the new version.
3. For orders that the Customer has sent but which have not yet been confirmed by PASSIONE (UK) LTD (unfinalised orders), the version of the General Terms and Conditions in force at the time the order was sent shall apply, it being understood that:
(a) if the change affects the Customer's essential rights/obligations, PASSIONE (UK) LTD will ask the Customer to renew their acceptance of the new version before sending the order confirmation; failing this, the order will be considered cancelled without charge;
(b) any updates imposed by mandatory regulations or required for security/fraud reasons shall remain immediately applicable, without prejudice to consumer rights.
4. Orders for which PASSIONE (UK) LTD has already sent an order confirmation remain governed by the version of the General Terms and Conditions in force on the date of confirmation. Subsequent changes shall not have retroactive effect on such relationships, except for adjustments imposed by mandatory law that do not prejudice the Customer's rights and do not affect the price, object and delivery times.
5. If the order involves payment in instalments offered by third parties (e.g. 'Buy Now, Pay Later'), the financial and contractual conditions agreed with the Lender at the time of placing the order shall remain unchanged; any changes introduced by the Lender shall apply in accordance with the respective terms and conditions and shall not alter the sales contract already concluded between the Customer and PASSIONE (UK) LTD