Terms and conditions of service
Terms and Conditions of Service
GENERAL CONDITIONS OF ONLINE SALE
General provisions
These General Terms and Conditions are valid exclusively between the company "Armopro S.r.l.s., with registered office in Via Flaminia 86 - 00060 Castelnuovo di Porto (Rm), owner of the "Shazy™" Brand, registered with the Rome Business Register at no. RM-1593771, tax code and VAT number 15486931007, hereinafter referred to as "Shazy™", owner of the website https://myshazy.com/ and any connected subdomains, and any natural or legal person who makes online purchases on the same website, hereinafter referred to as the ''CUSTOMER''. The conditions covered by this contract may be subject to unilateral changes; therefore, the date of their publication on the website is equivalent to the date of entry into force. These conditions govern purchases made on the website https://myshazy.com/ in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 as well as Legislative Decree 70/2003 on electronic commerce and apply exclusively to the Internet sale of Products, as identified and listed on the Website. The CUSTOMER is invited to print or save, as preferred, these General Conditions.
****** Definitions A) The term "online sales contract" means the sales contract relating to "Shazy™" products, stipulated between the latter and the Buyer, within a distance selling system through electronic means, organized by "Shazy™" itself.
B) The term "Customer" means the party making the purchase under this contract: (i) a "Consumer" is a natural person who makes the purchase under this contract for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; (ii) a "Professional" is a natural or legal person acting in the exercise of their entrepreneurial, commercial, craft or professional activity, or their intermediary.
C) The term "Shazy™" refers to the party indicated in the preamble. D) GSC: General Sales Conditions.
ARTICLE 1 - Subject of the contract
1.1) By accepting these general contractual conditions, "Shazy™" concludes, with the CUSTOMER who purchases remotely, by electronic means, the tangible movable goods described, presented and offered for sale on the website https://myshazy.com/ and any subdomains.
1.2) The contract is concluded exclusively through the internet, by the CUSTOMER accessing the address https://myshazy.com/ and placing a purchase order according to the procedure provided by the website itself.
1.3) Before confirming their order, the CUSTOMER undertakes to examine these general contractual conditions. The submission of the purchase order confirmation therefore implies full knowledge of them and their full acceptance.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
(amendments and additions to Legislative Decree 21/2014).
2.1) Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of choosing the same. Furthermore, before the conclusion of the contract and before the validation of the order with "payment obligation", the CUSTOMER is informed of:
- total price of the goods including taxes, with details of shipping costs and any other costs; - payment methods; - the deadline within which "Shazy™" undertakes to deliver the goods; - conditions, terms and procedures for exercising the right of withdrawal (Art. 7 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- communication that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal; - existence of the legal guarantee of conformity for the goods purchased, where provided; - after-sales assistance conditions and commercial guarantees provided by "Shazy™".
The CUSTOMER can, at any time and in any case before the conclusion of the contract (see Art. 3), take cognizance of the information relating to the company Armopro S.r.l.s., owner of the "Shazy™" brand, owner of the website https://myshazy.com/, its address, telephone and fax number, and e-mail address.
Such information is also reported below:
"Shazy™" by Armopro S.r.l.s., Via Flaminia, 86 00060 CASTELNUOVO DI PORTO (RM) - Tel 069078233
ARTICLE 3 - Conclusion and effectiveness of the contract
3.1) The information in these General Conditions and the details contained on the website https://myshazy.com/ do not constitute a public offer, but merely an invitation to formulate a contractual proposal. There will be no contract between the CUSTOMER and "Shazy™" in relation to any products until the order has been explicitly accepted by "Shazy™". If the offer is not accepted and a charge has already been made to the CUSTOMER's account, the amount will be fully refunded, within the terms of the law.
3.2) Purchase Orders must be placed online through the procedure on the Site, in the section: Cart. By placing an order, the CUSTOMER declares to have read all the information provided during the purchase process, and to fully accept the general terms and conditions of the contract. The CUSTOMER correctly completes the order procedure if the Site does not display any error message.
3.3) The contract is considered concluded when "Shazy™" sends the CUSTOMER an e-mail confirming the "acceptance" of the order and the "shipment" of the product. The e-mail contains the CUSTOMER's data and order number, the price of the purchased goods, shipping costs, and the delivery address to which the goods will be sent. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify "Shazy™" of any corrections. "Shazy™", for its part, undertakes to describe and present the items sold on the website https://myshazy.com/ in the best possible way. However, some errors, inaccuracies or small differences between the site and the actual product may occur. Furthermore, the photographs of the products presented on https://myshazy.com/ do not constitute a contractual element, as they are only representative.
ARTICLE 4 - Product availability – Pre-order offer
4.1) Product availability refers to actual availability at the time the CUSTOMER places the order, as well as in the event that the CUSTOMER concludes an order “with reservation” of the product. However, this availability must be considered purely indicative because, due to the simultaneous presence of multiple users on the site, products could be sold to other CUSTOMERS before the order is accepted. Even after the acceptance e-mail sent by "Shazy™" has been sent, cases of partial or total unavailability of the goods may occur. In this case, the order will be automatically adjusted by deleting the unavailable product, and the CUSTOMER will be immediately informed of this process via e-mail.
If the CUSTOMER requests the cancellation of the order, thus terminating the contract, "Shazy™" will refund the amount paid within 14 days from the moment "Shazy™" became aware of the Customer's decision to terminate the contract.
4.2) In the case of an offer with pre-order, either for a single product or for a bundle, since the products are not available at the time of pre-order confirmation, the CUSTOMER accepts the advance withdrawal of the price indicated in the offer necessary for the purchase of the product and/or the Bundle, waiving the refund of the amount for the time necessary for "Shazy™" to have the ordered product/Bundle available in its warehouse.
4.3) The essential characteristics of the products for sale are presented on the Website. The images and colors of the products shown on it are for descriptive purposes and may not correspond to the real ones due to effects attributable to the quality of the Internet browser and the monitor used. Therefore, they do not constitute a contractual element. All cosmetic products are of a high quality level;
4.4) However, if the ordered products prove to be defective, the Buyer is obliged to notify the defect in writing within 24 hours of discovery, following the written complaint procedure to be sent in the manner provided by these general conditions of sale under the heading "Communications and complaints" indicated below in art.20 GSC. If the alleged defect is found, "Shazy™" will carry out the agreed remedy within a reasonable period, reserving the right to charge the Customer any expenses incurred for checking the product and for its shipment, if it proves to be intact and/or free of the alleged defects, and referable to the delivery date, differently from what was declared by the Buyer. Alternatively to return, the Consumer may request a refund, which "Shazy™" undertakes to make as soon as possible and in any case within thirty (30) days.
4.5) Regardless of product availability, for each purchase, an individual Customer cannot order more than 30 units of any single product.
ARTICLE 5 - Orders from Switzerland
5.1) For orders from customers residing in Switzerland, prices in the cart will be expressed in € until the customer selects Switzerland as the shipping country in the order summary, only then will the currency change to Chf. In the cart, the order subtotal is expressed in €, with the VAT item expressed in Chf + shipping costs €25 + customs duties €28. The total to be paid will be expressed in € and there will be a display of the conversion in Chf.
5.2) After selecting a Swiss address for delivery, the selectable payment methods will be: credit card, PayPal. The minimum order amount must be equal to or greater than €150.00.
5.3) For the return of Orders shipped to Switzerland, €50.00 will be deducted from the refund as a lump-sum reimbursement for customs and shipping costs. €50.00 will always be deducted in case of failure to collect the package in the hypotheses referred to in art. 14.2.
5.4)Reference is made to the other contractual clauses for anything not expressly indicated in this paragraph.
ARTICLE 6 - Payment methods
6.1) Any payment by the CUSTOMER can only be made by credit cards indicated on the website https://myshazy.com/, using Paypal, Credit Card or Satispay payment methods. In case of payment by credit card, the actual debit of the order amount will only occur when the order is accepted and ready for shipment. This clause will not be applied in the case of "Bundle" offers. In case of payment by Paypal, the actual debit will occur when the CUSTOMER sends "Shazy™" the product purchase order.
6.2) Communications relating to payment and the data communicated by the CUSTOMER at the time this is made, take place on special protected lines. Payment security with Credit Card is guaranteed by BANCA X certification
6.3) A commercial invoice can only be requested within five (5) days of receipt of the goods. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 7 - Prices
7.1) All product sales prices indicated on the website https://myshazy.com/ are expressed in Euros (€) and include VAT. Shipping costs are not included in the sales price but are indicated and calculated at the time of completing the purchase process, before payment is made.
7.2) The CUSTOMER accepts "Shazy™"'s right to change its prices at any time; however, the goods will be invoiced based on the prices indicated on the website at the time the order is created and indicated in the acceptance email sent by "Shazy™" to the CUSTOMER.
7.3) In the event of a computer, manual, technical, or any other type of error that may lead to a substantial, unforeseen change by "Shazy™" in the retail price, making it exorbitant or clearly negligible, the purchase order will be considered invalid and cancelled. In such a case, the amount paid by the CUSTOMER will be refunded within 14 days from the date of cancellation.
ARTICLE 8 - Right of withdrawal
8.1) The right of withdrawal is a prerogative of natural persons acting for purposes not directly related to any professional activity carried out. Therefore, resellers and companies are excluded from this right. In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any 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 with a single order and delivered separately, the 14-day period starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to "Shazy™" through an explicit declaration, which can be sent by registered mail with return receipt or by writing to help@myshazy.com
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract via e-mail or certified e-mail. Alternatively, they can transmit the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory), the text of which is reported in Annex A).
In the event of exercising the right of withdrawal, the CUSTOMER is obliged to return the goods within 14 days from the day on which they communicated their intention to withdraw from the contract to "Shazy™" pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to: "Shazy™" Armopro S.r.l.s., with registered office in Via Flaminia, 86 - 00060 CASTELNUOVO DI PORTO (RM), Italy. Pursuant to Article 67, paragraph 3 of the Italian Consumer Code, return costs will be borne exclusively by the Buyer.
8.2) The goods must be returned intact, in their original packaging, complete in all their parts (including packaging, without tampering with any warranty seal or simply opening and/or damaging the outer packaging itself. Any documentation and accessory equipment: manuals, etc.) and complete with a copy of the transport document (DDT). Without prejudice to the right to verify compliance with the above, "Shazy™" will refund the amount of the products subject to withdrawal within a maximum period of 14 days. As provided for by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, "Shazy™" may suspend the refund until receipt of the goods or until the CUSTOMER has demonstrated that they have returned the goods to "Shazy™". Please also remember that packages sent at the recipient's expense will not be accepted.
8.3) "Shazy™" will make the refund using the same payment method chosen by the CUSTOMER during the purchase phase or by bank transfer. The CUSTOMER must provide "Shazy™" with their bank details: IBAN, SWIFT, and BIC necessary for "Shazy™" to make the refund.
8.4) For orders under €50.00, €4.00 will not be refunded for shipping costs. Furthermore, if the Order included free gadgets and products, including "free samples", if these are not returned, €5.00 will be withheld from the refund.
8.5) Products must be returned to the Seller in substantially intact condition, with their original packaging, accessories, instructions for use and anything else supplied with them, in conditions suitable for resale. If the returned products do not meet the above characteristics, the return will not be accepted and the package will be returned to the Buyer.
ARTICLE 9 - Exceptions to the right of withdrawal art. 59 of Legislative Decree 206/2005 (amended by Legislative Decree 21/2014).
9.1) The right of withdrawal does not apply in the case of:
- supply of sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery or in the case of supply of products that, after delivery, are inextricably mixed with other goods;
- supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
- supply of custom-made or clearly personalised goods;
- supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
ARTICLE 10 - Legal guarantee of conformity
10.1) In the event that the products purchased by the CUSTOMER show defects of conformity with the contract, such as when products: malfunction, cannot be used in the manner declared by the seller or for the purposes for which products of the same type are generally used, do not have the characteristics or qualities promised by the seller, or do not respond to the use for which they were purchased, the CUSTOMER has the right to the restoration of the product's conformity free of charge by repair or replacement of the product itself. The CUSTOMER, if they qualify as a Consumer, can exercise this right if the defect appears within two years (24 months) from the delivery of the good and reports the defect to "Shazy™" within two months of discovery. Subsequently, the Customer must proceed to create a return case by writing to help@myshazy.com.
In the event of a defective or non-conforming product, "Shazy™" will arrange for the collection of the product at its own expense, subject to the CUSTOMER's availability.
ARTICLE 11 - Delivery methods
11.1) "Shazy™" will only accept orders for delivery in Italy and the Republic of San Marino, as well as in EU CEE countries and Switzerland. In such cases, the legal regulations applied to online sales will be those in force in the foreign state at the time of concluding the contract.
Products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order, no later than 20 days from the date of sending the order acceptance email to the CUSTOMER.
For every order placed on the website https://myshazy.com/, "Shazy™" issues a Transport Document (DDT) valid for shipping and for exercising all rights related to the legal and commercial guarantee, as well as for exercising the right of withdrawal. A copy of the DDT can be requested by the Customer via email or telephone request. The DDT will contain the information provided by the CUSTOMER during the purchase process.
- paid with Express Courier, with delivery (in Italy and EU CEE) after 2-7 days from the shipping date, subject to possible delays due to the Carrier and not attributable to "Shazy™".
ARTICLE 12 - Responsibility
12.1) "Shazy™" assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if due to malfunctions and disruptions of the internet network, and in cases where it is unable to execute the order within the times stipulated by the contract. "Shazy™" will not be responsible in case of non-substantial differences between the purchased goods and their illustrative images and text descriptions published on our site, nor in case of use not compliant with the product instructions and the "usage methods" contained therein.
12.2) Except in cases of fraud or gross negligence, it is solely responsible for any direct and foreseeable damage at the time of the conclusion of the sales contract. It is therefore not responsible for any losses suffered, loss of profit, or any other damage that is not an immediate and direct consequence of its non-fulfillment or that was not foreseeable at the time of the conclusion of the sales contract. "Shazy™" is in no way responsible for the fulfillment of obligations by third parties who may offer commercial guarantees in relation to the products for sale on the site.
12.3) The CLIENT is expressly informed of the possibility of carrying out extraordinary interventions on the website https://myshazy.com/. Extraordinary interventions are considered to be those to be carried out urgently at the sole discretion of "Shazy™" to avoid dangers to the security and/or stability and/or confidentiality and/or integrity of the website https://myshazy.com/. The CLIENT may be notified of any such interventions through publication on the website.
ARTICLE 13 – Waiver – Refusal to Process an Order
13.1) In case of non-fulfillment by the CUSTOMER of these General Conditions of Sale, the failure of "Shazy™" to exercise its right to act against the CUSTOMER does not constitute any waiver to act for the violation of commitments made by the CUSTOMER.
13.2) "Shazy™" reserves the right to remove any product from the website https://myshazy.com/ at any time and/or to remove or modify any material or content on it. Although it will always do its best to fulfill all orders, exceptional circumstances may arise that force "Shazy™" to refuse to process orders after the Order Confirmation has been sent, reserving the right to do so at any time. "Shazy™" disclaims any liability to you or to any third party for the removal of any product from the site https://myshazy.com/, for the removal or modification of any material or content on the website, or for the failure to process the order after the Order Confirmation has been sent.
ARTICLE 14 – CUSTOMER's Obligations
14.1) Once the "online" purchase procedure has been completed, the CUSTOMER undertakes and is obliged to print and keep these general conditions, which they will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the purchased product, in order to fully satisfy the condition set forth in articles 52 and 53 of Legislative Decree 205/06.
It is strictly forbidden for minors to place an "online" order. It is strictly forbidden for the CUSTOMER to enter false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data, address, telephone number, and e-mail must be exclusively their real personal data and not those of third parties, or fictitious. It is expressly forbidden to enter data of third parties.
"Shazy™" reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers. The CUSTOMER indemnifies "Shazy™" from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the CUSTOMER, as the CUSTOMER is solely responsible for correct data entry.
14.2) Failure to collect the package. Given that the collection of the product is a specific obligation of the Customer, upon entrustment of the Order to the selected courier, "Shazy™" will send a specific email informing the Buyer of the imminent delivery, also providing the shipment link. The status of the order placed and the tracking link are always available by accessing one's personal area.
The courier will make a first delivery attempt on the date indicated by the tracking. In case of failed delivery, a second attempt will be made, unless corrections and changes to the address are needed, which the Buyer themselves must arrange. After the second failed delivery attempt, the package will be held at the Courier for the period established and indicated on the tracking page. Depending on the Courier, the hold can be released either by contacting the courier directly or by contacting the Seller's Customer Service.
Once the holding period has expired, the Order is returned to "Shazy™", which will inform the Buyer. The Buyer may request reshipment at their own expense within and no later than 5 days from receiving the communication.
If, even in this instance, the Order is not claimed, "Shazy™" will communicate that the contract is terminated by law and will proceed with the refund of the amount paid by the Buyer, excluding shipping costs.
ARTICLE 15 - Access to the site
15.1) The CLIENT has the possibility to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this Site, whether sound or visual and the related technology used, the trademarks, images, texts and all commercial symbols, belong to Armopro S.r.l.s. and their legitimate owners and are protected by intellectual property law, and used on the Site in accordance with the provisions of the law.
ARTICLE 16 - Cookies
The website https://myshazy.com/ uses "cookies". Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages visited, date and time of visit, etc.) and that allow "Shazy™" to offer a personalized service to its customers. "Shazy™" informs the CUSTOMER of the possibility to deactivate the creation of such files, through an "information bar" at the bottom of the site, present the first time the site is visited, through which the Customer is asked for authorization and acceptance of the use of cookies.
It is understood that the lack of authorization will prevent the Customer from proceeding with the online purchase. In any case, the Customer can find the relevant information by clicking on the appropriate link.
ARTICLE 17 - Entirety
17.1) These General Contract Conditions consist of all the clauses that compose them. If one or more provisions of these General Contract Conditions are considered invalid or declared as such under the law, regulation, or following a decision by a Court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 18 – Amendments to the General Contract Conditions
18.1) "Shazy™" reserves the right to modify the website: https://myshazy.com/, the policies, and these General Contract Conditions at any time to offer new products and/or services, or to comply with legal or regulatory provisions.
The CUSTOMER will therefore be subject to the policies and terms of the General Contract Conditions in force at the time the order is concluded pursuant to and for the purposes of art. 3 of these conditions, unless any changes to such policies and terms are required by applicable law or competent authorities (in which case, they will also apply to previously placed orders).
ARTICLE 19 - Express Termination Clause
19.1) "Shazy™" has the right to terminate the stipulated contract by simply notifying the CUSTOMER with adequate and justified reasons; in such a case, the CUSTOMER will only be entitled to the refund of any amount already paid.
The obligations assumed by the CUSTOMER, as well as the guarantee of the successful payment made by the same using the methods provided, are essential, so that by express agreement, the non-fulfillment by the CUSTOMER of even one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial pronouncement, without prejudice to the right of "Shazy™" to take legal action for compensation.
ARTICLE 20 – Communications and Complaints
20.1) Any communication or complaint may be addressed to "Shazy™" using the contact channels listed in the 'Contact Us' section of the Site at the addresses indicated above. Alternatively, by sending an e-mail to help@myshazy.com or finally a registered letter to the postal address "Shazy™" - Armopro S.r.l.s. Via Flaminia, 86 00060 CASTELNUOVO DI PORTO (RM)
ARTICLE 21 - Applicable Law and Competent Court
21.1) These General Contract Conditions are governed by Italian law. Any dispute that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located within the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these sales conditions.
ARTICLE 22 – Privacy Policy
The Privacy Policy ("Policy") which describes the processing of personal data by "Shazy™" - Armopro S.r.l.s. (hereinafter, "Shazy™" or the "Company"), through the Web page https://myshazy.com/
Pursuant to applicable data protection legislation (including the General Data Protection Regulation 2016/679 (the "GDPR")), it can be found at the appropriate link.
-ANNEX "A"- (fill in and return this form only if you wish to withdraw from the contract)
Withdrawal Form - pursuant to art. 49, paragraph 1, letter h) -
— To _______________________________________________________________________ [insert name, geographical address and, if available, telephone number, fax number and email addresses to be filled in by the professional]:
— I/We (*) hereby notify the withdrawal from my/our (*) contract for the sale of the following
goods/services (*): ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________________________________________________________
— Ordered on (*) / received on (*):
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified in paper version)
— Date
(*) N.B. Delete as appropriate