1.1. These general sale conditions ("General Terms") govern the sale terms and conditions of the products marketed by Guerrilla Nails (the "Products").
1.2. All the contracts for the sale of the Products by Guerrilla Nails to third parties (the "Customer") are governed by these General Terms, which form an integral and essential part of any Product purchase proposal, order and order confirmation.
1.3. The General Terms applicable to the Orders are those in force on the Order date.
2.1. To these General Terms, the following definitions shall apply, it being understood that the definitions in the plural will apply to the relevant term in the singular and vice versa:
- Brand: are the trademarks of the Products sold through the Site and whose Guerrilla Nails is an authorized dealer;
- Checkout: is the final stage of the Customer's Order formulation the relevant section of the Site and by means of which the Order itself is sent to Guerrilla Nails;
- Customer: is the person (natural or legal) who buys the Products from Guerrilla Nails;
- General Terms: the general sale conditions governing the Product terms and conditions;
- Consumer: is the customer natural person, who, in accordance with art. 45 d. lgs. 206/2005, is acting for purposes which are outside his eventual trade, business, craft or profession;
- Contract: the contract for the sale of one or more products settled between Guerilla Nails and the Customer following the Order acceptance by Guerrilla Nails;
- Guerrilla Nails: is Guerrilla Nails di Tanzi Luana, based at (29010) Fontana Fredda di Cadeo (PC), Via 2 Giugno n. 15, Italy, an individual firm, specializing in the trade of cosmetics and related products;
- Order: is a request for purchasing one or more products, made by the Customer through certain steps shown on the Site, up to the checkout phase;
- Products: are the goods marketed by Guerrilla Nails through its Site;
- Producers: are the firms, the companies and all the others who produce materially the Products;
- Site: is the website www.guerrillanails.com, through which the Products are sold.
3. Products: prices and features
3.1. Except as may otherwise indicated, the prices of the Products shown on the Site are in Euro, include VAT but exclude shipping costs.
3.2. The price guaranteed to the Customer is the one published on the Site at the time of the Checkout. The purchase price set is fixed and definitive.
3.3. The prices of Products from time to time published by Guerrilla Nails on the Site, cancel and replace the previous ones and are subject to availability of Products.
3.4. The technical and operational characteristics relating to the Products published by Guerrilla Nails through the Site or the newsletter are those submitted by the respective Producers. Except as expressly provided by the laws in force in favor of the consumer, Guerrilla Nails assumes no responsibility regarding the truthfullness and completeness of such information, particularly those that describe the products as "cruelty free" (ie made without carrying out tests on animals), or (where indicated) "vegan" (ie free of products of animal origin), or (where indicated) "5 free" (ie free of toluene, formaldehyde, formaldehyde resins, camphor, DBP-disobutilftalato), or (where indicated) "3 free" (ie without DBP, toluene, formaldehyde). Finally, the pictures of the Products are indicative and not binding.
3.5. The Products are not provided for test. The Customer is responsible for choosing the ordered Products and for the compliance and conformity with the specifications set by each manufacturer to his own needs.
4. Orders and their acceptance
4.1. Each Order sent to Guerrilla Nails constitutes a Customer's contract proposal.
4.2. The Order forwarding involves in any case the obligation to pay the price of the ordered Products and the shipping costs, excepting for Guerrilla Nails refund obligations, as stated in the General Terms.
4.2. The settlement of the Contract will take place only at the time of acceptance of the Order by Guerrilla Nails; failing that, the Contract cannot be considered as settled, and the price (together with the shipping expenses) if already paid , will be returned to the Customer by Guerrilla Nails. Guerrilla Nails reserves the right not to accept an Order due to any reason, such as a problem of Products supply , or a problem concerning the order received.
5. Payment and invoicing
5.1. The payment of the price of the ordered Products and the concerning shipping costs can be made through Paypal, credit card or bank transfer (item "offline payment"; IBAN: IT35U0503465311000000001475). Credit cards VISA, MASTERCARD AND AMERICAN EXPRESS are accepted.
5.2. If the Order is issued by a Customer who is not a Consumer, the Customer must indicate the exact data necessary for invoicing, in the section dedicated to the notes to the seller and foreseen in Checkout step, or by sending an e-mail to firstname.lastname@example.org after the Order transmission.
5.3. The fiscal documents relating to the ordered Products will be issued by Guerrilla Nails at the time of shipment of the Products to Customer.
6. Shipment and delivery
6.1. The shipment of the Products ordered and indicated as available on the Site will take place within 48 hours from the Order acceptance by Guerrilla Nails and from the contemporary confirmation of payment of both price and shipping costs: for the bank transfer, the relevant sum transferred into Guerrilla Nails bank account; for payment by credit card the confirmation of the transaction by the circuit.
6.2. The Products will be shipped to the address specified by the Customer during the formulation of the Order. The telephone number of the Customer will be provided to the carrier who can contact the Customer himself in case he is not found at the address indicated for the delivery and to avoid, therefore, the package to be sent to the unclaimed goods stock.
6.3. All shipments to Italy are made by BRT and all shipments to Europe are made by SDA.
6.4. ITALY: deliveries are made Monday to Friday (excluding holidays) between 9 and 18. In order to optimize the delivery, it will be provided to the Customer a "shipping code" for the Order's tracking. EUROPE: deliveries are made Monday to Friday (excluding holidays) between 8 and 18. In order to optimize the delivery, it will be provided to the Customer a "shipping code" for the Order's tracking.
6.5. The following list sets out the costs and time of delivery (to be calculated from the day of shipment) according to the place of destination:
- Until 15€ of products: 5.72€ (from 1 to 2 working days)
- From 15€ to 59€ of products: 4.95€ (from 1 to 2 working days)
- From 59€ of products: free (from 1 to 2 working days)
- Austria, Belgium, Denmark, Germany, Luxembourg, Netherlands, Poland, Czech Republic, Slovakia, Slovenia, Hungary: 15.07€ (4 working days**)
- France, Monaco, United Kingdom, Spain: 18.12€ (4 working days**)
- Croatia, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Sweden: 19.40€ (4 working days**)
- Azores, Busingen, Ceuta, Helgoland, Balearic Islands, Canary Islands, Madeira, Melilla, Monthe Athos: 43.31€ (4 working days**)
- Cyprus: 35.87€ (4 working days**)
- Gibraltar: 38.25€ (4 working days**)
**Except in case of customs formalities for countries outside the EU. For some zones of Norway and Portugal, the time of delivery can be up to 6 working days.
6.6. The delivery times stated above are to be considered as an indication only. In case of Orders submitted on weekends and public holidays, the Products will be shipped the next working day. Any delay in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse the delivery of the Products, or to claim damages or compensation whatsoever.
6.7. The above costs are calculated referring to parcels weighing no more than 1 kg (approximately, 20 bottles of nail polish weigh less than 1 kg). If the Products covered by the Order were to exceed a total weight of 1 kg. and so the shipping expenses are higher than those listed above, the Customer will be notified and invited to freely decide whether to proceed with the purchase of the Products, or cancel the Order resulting in full repayment of all sums possibly paid until then to Guerrilla Nails.
6.8. Guerrilla Nails has the right to make, if deemed it appropriate, the delivery of the Products (even on the same order) in several successive deliveries.
6.9. The delivery is considered done by the time the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will provide proof relating to the transport and the release of the Products.
6.10. At the delivered, the Customer will have to check the contents, the compliance and the condition of the Products. It is therefore recommended to the Customer to proceed, on delivery, to check the status of the Products delivered before signing the acknowledgment of receipt, and above all:
- that the number of boxes is the same as indicated in the transport document accompanying the shipment;
- that the packaging is not damaged or wet or otherwise altered, and check the integrity of the content.
If the Customer notices any anomalies, he must refuse the delivery of the Products or write down his reservations, detailed and dated. If the carrier document is signed without affixing any "reservation", the Customer cannot make any objection about the appearance of the goods. Any problems concerning the physical integrity , the compliance or the completeness of the received Products must be reported within 24 hours after delivery.
6.11. In any case, Guerrilla Nails has the right, in its sole discretion, to choose the courier through whom make delivery of the Products covered by the Order.
6.12. Special delivery conditions and terms has to be previously agreed in writing between the Customer and Guerrilla Nails, however only the Customer who is not Consumer will be entitled to withdraw the products directly at the headquarters of Guerrilla Nails.
6.13. In the absence of the Customer at delivery, the carrier will leave (generally after two delivery attempts) a notice to the delivery address given by the Customer, inviting him to collect the Products at the address and according to the procedures stated by the carrier. In case of non collection within the period specified by the carrier (generally 10days), the Products will be returned to Guerrilla Nails, which reserves the right to refund the price of Products, while leaving the shipping costs charged to the Customer.
6.14. If delivered a different Product other than that covered by the Order, the Customer will be entitled to receive the product initially ordered , provided he returns to Guerilla Nails at the address of Guerilla Nails di Tanzi Luana, Via 2 Giugno n. 15, 29010 Fontana Fredda di Cadeo (PC), Italy, the one received, within 8 (eight) days from delivery, and always provided it is returned in its original condition and packaging and with the accompanying documents. Once received in that manner this Product , Guerrilla Nails will return, at their own expense, the Product initially ordered and will refund as soon as possible all the costs incurred by the Customer to return the Product mistakenly delivered. In the event of unavailability of the Product originally ordered, Guerrilla Nails will return as soon as possible to the Customer the price and shipping charges already paid. In all these cases, it is expressly excluded any further damages.
7. Unavailability of the Products
7.1. In case of non-execution of the Order (due to unavailability of the Products ordered by the Customer), Guerrilla Nails will soon inform the Customer of the estimated delivery time for the supply of the missing Product, or will propose a replacement and alternative Product.
7.2. If the customer does not wish to wait for this timing, exceeding anyway thirty working days, Guerrilla Nails will refund in full and as soon as possible the amounts already paid to Guerrilla Nails by the Customer for the non executed supply and the relevant Order will be canceled, resulting in termination of the Contract. In this case any further damage is excluded.
7.3. The Customer will confirm by e-mail his choice, i.e. waiting for the availability of the Product or claiming a refund.
8. Return / Right of withdrawal
8.1. Content of the right of withdrawal
Except as required by Article. 8.4., the Consumer has a period of 14 days to withdraw from the Contract without giving any reason and without incurring any costs, except for the following costs that will remain at its own expense: a) the additional costs arising from the decision , made with the prior consent of Guerilla Nails, of a type of delivery other than the least expensive type of standard offered delivery and b) direct costs for the return of the Products. 8.2. Deadline for exercising the right of withdrawal
The end of 14 days for the exercise of withdrawal starts from
- the date on which the Consumer or a third party (other than the carrier and designated by the Consumer himself) acquires the physical possession of the Products, or
- the day on which the Consumer or a third party (other than the carrier and designated by the Consumer himself) acquires the physical possession of the last Product in the case of multiple Products ordered by a single Order and delivered separately;
- the day on which the Consumer or a third party (other than the carrier and designated by the Consumer) acquires the physical possession of the last lot or piece in the case of delivery of Products consisting of multiple lots or pieces.
8.3. Procedures for the exercise of the right of withdrawal
To exercise the right of withdrawal, the Consumer will have to send a clear statement to terminate the Contract or submit the withdrawal form (although not mandatory, but in this case duly filled) to the following alternative addresses:
by post: Guerrilla Nails Di Tanzi Luana, Via 2 Giugno 15, 29010 Fontana Fredda di Cadeo (PC), Italy
by email: email@example.com
To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the expiry of 14 days as regulated and described in the art. 8.2 .; in case of sending the notice of withdrawal by e-mail, Guerrilla Nails will give immediate receipt confirmation on a durable medium (eg .: e-mail).
The Products being returned following the exercise of the withdrawal right must be returned or delivered to the Guerrilla Nails Di Tanzi Luana, Via 2 Giugno n. 15, 29010 Fontana Fredda di Cadeo (PC), Italy, without undue delay and in any case within 14 days from the day when the Consumer has communicated to Guerrilla Nails his withdrawal. The deadline is met if the Products will be returned before the expiry of the 14 day period.
8.4. Exceptions to the right of withdrawal
Except for products consisting of jewelry or cosmetic bags (trousses), those marketed by Guerrilla Nails are sealed Products that , for hygienic reasons and for reasons related to health protection, cannot be returned if opened after delivery. Therefore the exercise of the right of withdrawal will be valid and effective only if undamaged products will be returned to Guerrilla Nails, with labels and original packing.
The right of withdrawal cannot be exercised in the event that the purchased Products were possibly manufactured following the specific requirements of the Consumer or were still customized, or if they can deteriorate or expire rapidly.
8.5. Effects of withdrawal
Withdrawing from the Contract, all payments received from the Consumer will be refunded, which may include the cost of delivery (except for the costs of art. 8.1.) without undue delay and not later than fourteen (14) days from the day Guerrilla Nails will have been informed of the decision to terminate the Contract, provided the Products are returned complete, with labels and original packing.
These refunds will be made using the same means of payment used to purchase the Products, unless it is expressly agreed otherwise; in any case, the Consumer will not incur any fees as a result of such reimbursement.
Refund may be suspended until receipt of the Products, or until the demonstration by the Consumer of having sent back the Products, whichever comes first.
The costs for the return of the Products will be the sole responsibility of the Consumer.
Except the provisions of art. 8.4., the Consumer shall only be liable for any diminished value of the Products resulting from their handling different from those needed to determine the nature, characteristics and their operation.
9. Warranty and claims
9.1 Except as expressly provided in favor of the Consumer from legislation in force, Guerrilla Nails guarantees only the material integrity of the Products at the delivery.
9.2. In the event that, at the opening of the packages, the Products should therefore be damaged in their physical integrity, the Customer must report this circumstance to firstname.lastname@example.org within 24 hours from delivery. In these cases the Customer will be entitled to receive, in place of the damaged ones, the Products of the same type and same amount if the customer returns at Guerrilla Nails Di Tanzi Luana, Via 2 Giugno n. 15, 29010 Fontana Fredda di Cadeo (PC), Italy, the affected Products within 8 (eight) days from delivery, and always that they are returned in their original condition and packaging and with the accompanying documents; in case of unavailability of Products of the same type as those damaged, Guerrilla Nails will soon return to the Customer the price and the shipping charges already paid. In all these cases it is expressly excluded further damages.
These General Terms terms are written in Italian language and the concerning English translation has mere reference value. In case of discrepancies between the Italian text and its translation into English, the Italian text shall prevail.
11. Law and jurisdiction
10.1. These General Terms are governed by Italian law.
10.2. Except to any eventual applicable mandatory provisions of law for the protection of the Consumer, any dispute related to these General Terms shall be referred to the exclusive jurisdiction of the Court of Piacenza (Italy).