General terms and conditions of sale
The offer and sale of products made on the website www.bestcolor.it are governed by these General Terms and Conditions of Sale.
The Customer is required, before submitting his/her purchase order, to read these general terms and conditions carefully. Submission of the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and what is stated in the Order Form. The Customer is obliged, once the online purchase procedure is completed, to print and keep these general conditions of sale and the relevant order form, which have already been viewed and accepted.
- These General Terms and Conditions of Sale pertain to the sale of products made online through e-commerce service at www.bestcolor.it.
- Products sold on the site can only be purchased and delivered to the countries indicated in the Order Form.
- Any orders for shipments to be made outside these countries will be automatically rejected during the order processing process.
- The products are sold directly by the company GLOBALCOS s.r.l. with legal and administrative headquarters in Italy, at Via F. Balzano, 9 – 80059 – Torre del Greco (NA), tax code and registration number with the Register of Companies of Naples no. 751403, VAT no. 05406081215 (henceforth GLOBALCOS or Seller).
For any inquiries, you can contact the eCommerce Department of Globalcos Srl:
via email to the following address: firstname.lastname@example.org
via mail to the following address: Globalcos s.r.l. via F. Balzano, 9 80059 – Torre del Greco (NA) – Italy
- These General Terms and Conditions of Sale govern the offer, submission and acceptance of purchase orders for products on www.bestcolor.it and do not govern, however, the provision of services or the sale of products by parties other than the Seller that are present on bestcolor.it through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we suggest that you check their terms of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
- The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
- Product offers on www.bestcolor.it are intended for customers over 18 years of age.
If you are under 18 years of age to purchase on www.bestcolor.it you must first have the consent of one of your parents or legal guardian.
Remember: this always applies, not only to our site, but to all sites you visit on the Internet: when surfing the Internet you see or are asked for information that you do not understand or are unclear about always ask your parents for help.
By placing an order through this website, you warrant to us that you are of legal age (18) and possess the legal capacity to enter into binding contracts.
- The Customer is prohibited from entering false, and/or made-up, and/or fictitious names in the online order process and further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
- By accepting these Terms and Conditions of Sale, you also release the Seller from any liability arising from the issuance of erroneous tax documents due to errors relating to the information you provided when placing your order online, you as the customer being solely responsible for their correct entry.
Sale through. e-commerce service
- Online sales contract means the distance contract having as its object the sale of movable goods (hereinafter Products) entered into between you, as Customer, and Globalcos s.r.l. , as Seller, within the framework of an electronic commerce service organized by the Seller which, for this purpose, employs the remote communication technology known as the Internet.
- In order to conclude the contract for the purchase of one or more Products, you must complete the order form in electronic format (hereinafter Order) and transmit it to the Seller through the Internet by following the relevant instructions.
- Contained in the Order are:
- A reference to these General Terms and Conditions of Sale;
information and images of each Product and its price;
The means of payment you will be able to use;
The method of delivery of the purchased Products and the associated shipping and delivery costs;
a cross-reference to the conditions for exercising your right of withdrawal;
How and when to return purchased products.
- Although Globalcos s.r.l. constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every technological solution possible to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer you are using. Accordingly, Seller shall not be responsible for any inadequacy of graphic representations of products shown on the Site when due to the above technical reasons, since such representations are merely for illustrative purposes.
- Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Right of Withdrawal and Personal Data Processing Notice.
- The contract is concluded when the Seller receives through the Internet your Order Form, after verifying the correctness of your order information.
- The language available to conclude the contract with the Seller is Italian and the applicable law is Italian law.
- Once the contract is concluded, the Seller will take over your Order for fulfillment.
- By transmitting your Order through the Internet, you unconditionally accept and agree to abide by these General Terms and Conditions of Sale in your dealings with the Seller.
- When the contract is concluded, the Seller will send you, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in Sections 3.3, 3.4 and 3.5.
- This is without prejudice to the possibility, on the part of the Seller, before sending the Order Confirmation, to request from you by e-mail or by telephone indicated by you, further information with reference to the Order you have placed through the Internet.
- Seller may not process your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or if products are unavailable. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up on your Order specifying the reasons why. In such a case, the sum previously committed to the Customer’s means of payment will be disengaged.
- If any Products, presented on the Website, are no longer available or for sale subsequent to the placing of your Order, Seller will notify you promptly and in any event within thirty (30) business days after the day following the day on which you have submitted your Order to Seller of the unavailability of the Products ordered. In such a case, the sum previously committed to the Customer’s means of payment will be disengaged.
- Each sale made by the Seller through the online sales service may involve one or more products, with no quantity limit on each item.
- Globalcos s.r.l. reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute related to a previous order. This applies equally to all cases in which Globalcos s.r.l. deems the customer unfit, including, but not limited to, the case of previous violations of terms and conditions for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
- In case you are not a reseller and unless otherwise stated in writing, all prices of the Products and shipping and delivery charges shown on the website and in the Order are to be considered VAT included and expressed in Euros . The validity of the indicated prices is always and only that indicated by the website at the time of transmission of the Order through the Internet. Prices of Products and shipping and delivery charges may change without notice. Then make sure of the final sale price before placing the relevant Order.
- All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery charges shown on the website and in the Order , unless otherwise specified, are not to be considered inclusive of any costs associated with customs duties and related taxes if the shipment is to non-EU countries or to countries where import charges are required by applicable law.
- These costs are therefore the responsibility of the Customer and must be paid directly at the time of ‘purchase of the Products.
Methods of payment
- For payment of the price of the Products and related shipping and delivery charges you may follow one of the methods indicated in the order form at www.bestcolor.it and which are summarized below.
- If you have a Paypal account, Globalcos s.r.l. gives you the ability to make payments directly using email and its password with which you registered at www.paypal.com.
- At no time during the purchase process is Globalcos s.r.l. able to know your credit card information (for example, your credit card number or the date of its expiration), which is transmitted via a connection protected by encrypted protocol directly to the site of the entity handling the electronic payment (banking institution or to Paypal). No computer records of the Seller will retain such data.
- Under no circumstances, therefore, can the Seller be held liable for any fraudulent and improper use of credit and prepaid cards by third parties.
Shipping and delivery of products
- Each shipment contains:
the product(s) ordered;
The relevant transport document/accompanying invoice;
Any accompanying documentation required depending on the country of shipment
Any informational and marketing materials.
- Delivery of Products purchased through the Seller’s website can be made in several ways.
- Delivery to Customer’s Home
Thepurchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping. See the Shipping section for additional information on cost, shipping time and methods, and countries served.
Upon receiving the goods at their home, we ask you to check the integrity of the packages when they are delivered by the courier. If there are any anomalies you should have the courier detect and note them exactly and reject the delivery. Otherwise, the possibility of asserting your rights in this regard will lapse.
Right of withdrawal
- Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person acting on the website for purposes unrelated to any entrepreneurial or professional activity carried out), he/she will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within the term ten (10) working days, starting from the day of receipt of the products purchased on the website.
- To exercise the right of withdrawal, you have two options. If you are a registered user, you must log in after authenticating yourself by username and password to the My Account section of the site. Here in the My Orders section you will find a list of your orders with a link next to each one to activate the return process.
By accessing the Online Return Form within the period of 10 (ten) business days from the day of receipt of the Products, you may notify us of your wish to withdraw from the contract, indicating which Products will be returned. If you placed your order without being registered at www.bestcolor.it access the Contact section by indicating the email you used when ordering, your zip code and your address. Given this data we can identify you and process your eventual return request.
- When you complete the Online Return Form, you will receive all the information you need to return the Products.
- The right of withdrawal is subject to the following conditions:
- returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
returned Products must not have been used, washed or damaged;
Returned Products must be returned in their original packaging;
Returned Products must be sent to the Seller in one shipment. Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
Returned Products must be delivered to the carrier within ten (10) business days beginning on the date you received the products;
in cases where the Seller, in exchange for the purchase of a given package of Products, offers the possibility of purchasing them at a lower price than would normally be charged by purchasing them individually (e.g. 5×4, 3×2, etc.), the right of withdrawal may also be exercised by returning only some of the products purchased: in this case the price will be recalculated by taking as a reference the price normally charged for the purchase of the individual product. In all other cases (e.g. combined sales, prize operations, etc. etc.) the right of withdrawal may be exercised only with the return of all the Products purchased, thus excluding any partial exclusion.
- If the right of withdrawal is exercised by you in accordance with the preceding conditions (paragraph 8.4), the Seller shall refund the amounts paid by the customer no later than 30 days after the Seller’s material receipt of the returned products. Normally, the re-credit by Globalcos s.r.l. of the amount initially withdrawn occurs very quickly, but the timing on which the re-credit will actually be visible in your bank account will depend on your bank.
- In the event of a return, the only costs to you will remain the initial costs of shipping the order of products purchased.
- Globalcos s.r.l. also agrees to bear the initial shipping costs of the Products exclusively in the event of damage to the same due to transportation or errors in shipping by the Seller itself. Only in these cases, the Seller will also refund you the amount you paid as shipping charges. The Seller will send an express courier to pick up the Product at the address you have indicated.
- For the return you must use only the Courier indicated by the Seller in the Online Return Form: in this way, you will not have to make the payment of the costs borne by you for the return of the purchased products yourself because such payment will be made, on your behalf, directly by the Seller. Thereafter, the Seller shall, except as provided in Section 8.7 above and for cases of return due to product defect, withhold from the refund due to you a lump sum equal to the cost previously incurred by you for the shipment and delivery to your home of the purchased products or the shipping charges normally provided for the Delivery Nation. In addition, from the time the purchased products are returned to the shipper indicated by the Seller in the online return form, the Seller releases you from any liability in case of loss or damage of the products during transportation.
- In the event that the option of delivering the Products to one of the contracted outlets was made available when you completed the online return form, you will be able to return the Products directly to a contracted outlet of the Seller. In this case, you will be reimbursed, in addition to the price paid for the purchase, for the shipping costs previously incurred by you in delivering the purchased Products. From the moment the products are returned to the point of sale, the Seller releases you from any liability in case of any loss or damage to the products during transportation.
- If the right of withdrawal is exercised, the Seller will provide a corresponding refund, within 30 days from the date of receipt by the same of the returned Products in the manner indicated above, by crediting the amount to be refunded with the same method of payment chosen by you at the time of the Order.
- In the event that the right of withdrawal is exercised without complying with the above procedures (e.g., beyond the 14 days stipulated by law, or without having completed the Online Return Form, etc.), the Seller will resend the purchased Products to you again, also charging you the additional shipping costs.
- The Right of Withdrawal cannot be applied in the case of customized products at your explicit request at the time of placing the Order.
Warranty of non-conforming products
- The Seller is responsible for any defects in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of Italian law.
- If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person acting on the site for purposes unrelated to his or her business or professional activity, if any), this guarantee is valid provided that both of the following conditions are met:
(a) the defect becomes apparent within 1 month from the date of delivery of the products;
b) the Customer files a formal complaint regarding the defects within a maximum of 10 days from the date the defect was recognized by the Customer;
(c) the Online Return Form is completed correctly.
- All return costs for defective products will be borne by the Seller.
- In particular, in the event of non-conformity, the Customer who has entered into the contract as a Consumer shall be entitled to obtain the restoration of the conformity of the products without cost, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed goods and the consequent refund of the price.
via F. Balzano, 9
80059 – Torre del Greco (NA)
- The Customer acknowledges, accepts and consents to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.
Applicable law, dispute resolution and jurisdiction
- These General Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of Italy, without prejudice to any different overriding mandatory rules of the Customer’s country of habitual residence. Accordingly, the interpretation, performance and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent thereto shall be resolved exclusively by the Italian courts. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the Customer’s place of domicile or residence in accordance with applicable law or, at the consumer’s option in the case of an action brought by the consumer, by the Court of Naples. If, on the other hand, the Client acts in the exercise of his or her entrepreneurial, commercial, artisan or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Naples.
Edit and update
- The Seller may make changes or amendments to these Terms and Conditions at any time. Therefore, the Customer will be required to accept only the General Terms and Conditions of Sale in effect at the time of the relevant purchase. The new General Terms and Conditions of Sale will be effective from the date of publication on the website www.bestcolor.it and in relation to purchase orders submitted after that date.