General Conditions of Sale
Information about seller
LAIKLY - Ga.R.Es. Srl (below called "Laikly"))
Via Veneto n° 2
31057 Silea - Treviso (TV)
Laikly manages an online shop through the website www.laikly.com. Our Customer Service is at disposal for any information, complaints or order management. Customer Service is operative from Monday to Friday from 9.00 to 12.30 Am and from 3.00 to 5.00 Pm calling telephone number 0039/(0)422/495176, filling in the form on our website or writing an email to the address firstname.lastname@example.org. We are at Client complete disposal to provide any clarification or information about every aspect concerning content of general conditions of sale, contract and his discipline. In conformity with what current regulations provided for general conditions of contract are specified below.
1. Sphere of implementation
1.1 Following General Conditions of Sale apply to all orders forwarded by the Clients to Laikly through the website www.laikly.com. They discipline and constitute integral and substantial part of all contracts stipulated between Laikly and the Client. As a result of order forwarding, Client declares to have viewed and accepted General Conditions of Sale. They have to be considered prevalent on every other contract general condition.
2.1 Below we indicate some definitions concerning the sale contract. Term "Client" means any natural person or legal person that make an Order. Meaning of terms "Order" and "Contract" is indicated in section "Contract Conclusion"; term "Working day" means every day of the week, except Saturday, Sunday and public holidays in accordance with the law.
3. Consultation of terms and conditions of Contract and General Conditions of Sale
3.1 The present General Conditions of Sale are visible and can be download on the website www.laikly.com. Client could consult and file his Order data by saving the last webpage that appears before confirming every Order forwarding or waiting to receive Order Confirmation by email. The latter contains also General Conditions of Sale.
3.2 Data of each Order will be saved in Laikly's storages. However Client will not be able to enter these archives for security reasons. However reserved access in the area called "Account" will be guaranteed by means of username and password. In this reserved area putting his credentials, Client could consult his concluded contracts, pending orders and just forwarded orders, shipment state as well as update and save his personal data and addresses, possible bank data and/or data concerning subscription to newsletter service. Client engage in treating in a discreet way his access credentials and not making them available to third party. Laikly will not be in no way responsible for loss, incorrect use or transfer to third party of access credentials to reserved area given to the Client.
4. Conclusion of contract
4.1 Clicking on "Confirm Order" button, Client formulates irrevocable contractual proposal to Laikly, in accordance with and for effect of art. 1329 of Italian Civil Code, with items contained in the shopping bag/cart ("Order") as object. After Client's Order forwarding there will be reception confirmation of the same Order by the side of Laikly.
4.2 The item bought from the Client will remain of Laikly's exclusive possession until Client will not have paid the whole price of the same all-inclusive of possible transport charges/cash on delivery expenses.
5. Products availability and shipment
5.1 If a product is indicated as "Available" Laikly will send it as soon as possible and however within maximum 5 working days from the receipt of the order. Shipments will be done by courier. Deliveries in Italian territory will be normally made within 48 working hours from shipment date, concerning instead deliveries outside Italy and for any further clarification refer to point "13. Shipment charges and delivery time" of these General Conditions of Sale.
5.2 If a product is indicated as "Available in 3/5 days" this means that it is not on stock at the moment but will be available again within 3/5 working days. Anyway Customer can add this item to the shopping bag and buy it: Laikly will inform him when the product will become "available".
5.3 If the product is indicated as "Available on order" this means that Laikly needs Client's confirmation to proceed to supply selected item as this is not normally available in our warehouse and it is ordered on purpose in the presence of Client request. In this case Client can ask to be informed with no obligation about estimated shipment time.
5.4 Laikly Customer Service will send a confirmation by email to the Client when shipment of Order has been done with indication of courier and number of the shipment (tracking number) to allow the Client to monitor shipping on the website www.laikly.com on "Account" section after login with username and password or directly on courier website by searching shipment details with tracking number or contacting courier area branch.
5.5 Laikly will not be responsible for failed or delayed delivery due to act of God, such as - for example - strikes, public authority actions, rationings or shortage of energy or raw materials, transport problems, fires, floods, floodings and damages to industrial machineries not attributable to Laikly's negligence. It will promptly communicates to Client occurrence and fail of an act of God. In case that the act of God persists for a period exceeding 4 (four) weeks, each side will have the faculty to withdraw from contract. Client will not have the right to receive any compensation or reimbursement at any title, except the right to return what possibly already paid as price.
5.6 Laikly will not be responsible for failed or delayed delivery in case that:
- despite it arranged for regular and prompt purchase of articles to cover the Order received, it has not be provided with negotiated terms and ways by the supplier;
- it is not able to compensate for loss of availability of those items;
- it has promptly communicated to Client the unavailability of the item, informing him of the right of withdrawal.
In case of unavailability of an item, Laikly will arrange for refund of possible advance payment of price of the item to the Client to be done within 30 (thirty) days from payment receipt.
5.7 In case at delivery moment packaging appears damaged, tampered with, ruined (broken, wet, etc.), open, pierced Laikly suggest you to indicate to the carrier that you ACCEPT GOODS WITH RESERVE. In this case damages possibly caused by transportation will be intended at the exclusive courier's expense and Laikly can get even with him.
5.8 We also suggest you to check that the number of parcels indicated in the shipping note really corresponds to the number of parcels delivered by the carrier; if you find some discrepancy we recommend you to ACCEPT THE GOODS WITH RESERVE.
5.9 Non acceptance with reserve to the carrier imply full acceptance of the Client and exclude any possible return due to damages caused "by transport".
5.10 Laikly invites you to indicate a destination address where a person is always present, informed and delegate to the collection of the goods, in case of absent consignee Laikly reserves to proceed as indicated at point 13.4 of these General Conditions of Sale.
6.1 In range of Order forwarding process are proposed the following methods of payment: payment with credit card (Visa, MasterCard, American Express), payment with "PayPal" protected system, payment with prepaid card (for example "Postepay" or other), advance payment by bank transfer or payment on delivery. Except contrary agreement and except the case of payment on delivery shipment, Client will pay completely total Order Amount, contextually to Order forwarding. Laikly will make the shipment of purchased items only after receipt of payment of Order Total Amount, except in case of payment on delivery. Payment on delivery is valid only for shipment within Italy. In this last case, payment must be done at goods delivery moment made by express courier, only cash payment if Total amount of the Order is less than € 1.000, otherwise if Total amount of the Order is equal or superior to € 1.000 payment must be done only with bank draft.
Shipments outside Italy: we accept only advance payment with bank transfer, payment with credit card or pre-paid card or PayPal system. It being understood what described at point n. 5 "Availability and shipment" of General Sale Conditions.
6.2 In case of payment with advance bank transfer a 4% discount is applied on the Amount called "Total items" in shopping bag/cart section. If Client choose cash payment on delivery a fixed surcharge of € 4,50 is applied.
Bank details to proceed with advance bank transfer are:
Holder: LAIKLY - GA.R.ES. SRL
Bank: Unicredit Bank
Branch: 04071 Silea
Iban code: IT41K0200862100000102382459
Bank Swift code: UNCRITM1A71
Description of payment: Advance payment ref. Order n. (indicate order number) Client (indicate your name and surname)
6.3 Client accepts to receive invoices in paper format (inside the shipment packaging) or in electronic format (by email) and in this case he will undertake to print and keep a copy of the same.
7. Right of withdrawal
7.1 7.1 Laikly accept and implement totally laws contained in Legislative Decree n. 185 dated 22 May 1999 for protection of consumer "Implementation of Directive 97/7/CE concerning protection of consumers in the field of remote contracts". Below are indicated the instructions to exercise the right of withdrawal as well as the consequences of withdrawal itself.
The right of withdrawal must be exercised within 10 (ten) working days from item delivery date by means of "Return request form" that can be downloaded from the website www.laikly.com, filled in every field and sent by post by registered letter to the following address Laikly - GA.R.ES. Srl, Via Veneto 2, 31057 Silea (TV) ITALY.
"Return request form" can also be anticipated, sending it by email to the address email@example.com, on the condition that Client send the same document within following 48 (forty-eight) hours by means of registered letter to the address Laikly - GA.R.ES. Srl, Via Veneto 2, 31057 Silea (TV) ITALY.
7.2 Within 10 (ten) working days from goods delivery date, the item object of communication of withdrawal must be returned. We remind you that, as provided for by Legislative Decree n. 185 dated 22 May 1999 for protection of consumer "Implementation of Directive 97/7/CE concerning protection of consumers in the field of remote contracts" above mentioned, transport charges and risks associated to the return of the goods are at the expense of the Client. Client can make the shipment with theft insurance and transport damages insurance, and will take-charge of expenses.
We suggest to make all return shipments by courier or by post with traceability service: in case of unsuccessful delivery and no-availability of the tracking number of the shipment Laikly will not be able to refund amount paid. In case of damages, thefts or losses during the transportation, Laikly reserves the right to debit possible damages suffered by deducting them from Client's refunds. In case of unsuccessful reception of product object of the return request, Laikly will not be able to refund the amount paid by the Client.
The items must be returned to the following address:
Laikly - GA.R.ES. Srl
Via Veneto 2
31057 Silea (TV)
Items must be returned respecting the following indications:
- the product that Client wants return must be carefully packed in original package right as rain (not ruined, damaged or dirty, without deteriorations or alterations), equipped with possible accessories, operating and maintenance instructions, documents, equipped with transport document / copy of the invoice that were present in original packaging with indication of Order number, code, name, last name and address of the Client and, above all, equipped with Warranty Seal still intact and fixed to the product without any alteration as it was in origin at reception of the shipment (see section "Warranty Seal");
- substantial entirety of the product to return is essential condition to exercise the right of withdrawal: the item must be returned well-preserved;
- goods must be returned without any evident use sign, only signs compatible to a normal try-on are accepted. Client is allowed to try the product but is not allowed to use it if he does not consider it suitable or if he intends return it. The product has not to bear any trace of a prolonged use (longer that a few minutes) exceeding the time necessary for a try-on, and must not be in such a state that re-sale can't be possible. Improper use or presence of any alteration of the product make it not no more suitable for return or replacement.
When item returned is not congruent with indications above described, withdrawal will not have effectiveness. The right of withdrawal totally lapses if the product is returned not intact, in other words:
- original package is missing;
- integral parts of the product are missing;
- product is damaged due to any cause different from transport causes;
- warranty seal (see point n. 8 of General Sale Conditions) is missing or it is no more fixed to the product or it is broken or damaged.
7.3 As soon as possible, maximum within 30 (thirty) working days from reception date by the side of Laikly of Client's communication with request to exercise the right of withdrawal, according to terms and times above indicated and in any case on the condition that goods object of the return are given back from the Client within 10 (ten) working days, Laikly will refund the whole amount paid for purchase of goods turned in.
7.4 In case that the return does not respect indications above described, also contained in points 7.1, 7.2, 7.3 of General Sale Conditions or in any other case wherein withdrawal does not have effectiveness or wherein Laikly reserves to not accept it for a justified reason, the product will be sent back COD (Cash on Delivery) to the Client with debit of the Shipment Charges and of a surcharge of € 25,00 (twenty-five) as refund for practice management.
8. Warranty Seal
8.1 The warranty seal is a plastic band that has an identification alphanumeric code and is fixed to the product to assure his guarantee and traceability (for example wigs, toupees, hairpieces, extensions, wefts, scarves, turbans, etc ...). The seal can be removed only if Client decides to accept the goods received and does not intend to proceed with the return of the product in the future. The presence of the seal is very important: with this seal Laikly wants to guarantee that product purchased by the Client is intact and, most of all, has never been used before.
8.2 In case that Client decides to exercise the right of withdrawal it is essential that restitution is made with the warranty seal intact and still fixed to the product as it was in origin at shipment from our warehouse moment. This condition is of prime importance for Laikly to be able to accept the return. In case that Client decides to exercise the right of withdrawal and product is returned without warranty seal or with broken/damaged/removed warranty seal, Laikly will reserve the right to not accept the restitution of the item and not proceed with the refund of the amount possibly already paid by the Client. Laikly will proceed as provided for by point 7.4 of General Sale Conditions.
9. Warranty and support
9.1 Laikly guarantee to his Clients the application of all rights that are contained in Legislative Decree 24/2002 on consumption goods sale, as well as the application of all rights provided for by national law in the field. In particular all possible conformity and manufacturing faults noticed on the product in sale moment are covered by guarantee.
9.2 Conformity of product under guarantee, upon verification of fault, will be restore by Laikly without any burden for the client for labour and material, also in case of substitution with a brand-new product.
9.3 Rights contained in points 9.1 and 9.2 does not apply in the following cases:
- faults caused by uses not expected by user's manual or operating indications and maintenance;
- faults caused by accidental breakage, negligence, tampering, use of maintenance accessories or products not approved by head office, labour interventions carried out by not authorized third party;
- slight conformity faults of aesthetic kind;
- conformity faults caused by transport damages (see points 5.7, 5.8 and 5.9 of these General Conditions of Sale).
9.4 No contraindications are known to the use of wigs, toupees or turbans: the materials utilized for their realisation are hypoallergenic guaranteed, however any rare allergic reaction to them cannot be excluded. Laikly disclaims all responsibility and will not accept returns of goods caused to possible damages owing to allergic reactions of any kind (rash, eczema, itch, dermatitis, etc.) owing to the use of products by the side of intolerant subjects. We always suggest to consult your own doctor or dermatologist before use.
9.5 Laikly disclaims all responsibility for any possible damages that could derive directly or indirectly to individuals, things or domestic animals from non-observance of all prescriptions indicated on user's manual, especially concerning instructions about use and maintenance of the item.
9.6 Customer can exercise his rights addressing to the Customer Service of Laikly sending an email to the address firstname.lastname@example.org with indication of personal data, order number, details of the product, invoice number and a short description of noticed fault. It is necessary to provide appropriate photographic documentation attesting the fault. At reception of the email Laikly will open a dossier developed by the technical department and within 10 working days will answer providing an evaluation of possible fault and in case will agree on the return of the item with the Customer.
Client can contact Laikly in every moment according to the ways indicated in these General Conditions of Sale. Laikly will arrange for examine as soon as possible requests received and will contact the Client. If an information request or a complaint have subject the warranty of an item, Laikly generally has to contact respective manufacturer. For this reason, could be necessary a longer period of time so that Client is contacted by Laikly. In case of complaint, Client has to describe as much as possible detailed the type of problem, better if attaching photographic documentation and in case transmit copy of Order documents in other words indicate Order number, Client code and any other useful data for correct identification of the complaint.
For any request, Client can contact Customer Service at the following contacts:
Laikly - GA.R.ES. Srl
Via Veneto 2
31057 Silea (TV)
Telephone number : 0039 (0)422495176 from Monday to Friday from 9 to 12.30 Am and from 3 to 5 Pm
E-Mail address: email@example.com
11. Prices and offers / Promotions
11.1 Validity of special offers and promotions is indicated in the page of the website where they are illustrated. Prices of the items sold on website www.laikly.com can be modified at any time without notice. It being understood that it does not happen in already confirmed orders. Prices include VAT and any other tax, whereas compulsory.
12. Feedback request
12.1 After approximately fifteen days from goods reception Laikly will send an email with judgment request about purchased product, service received, possible support of Customer Service. Feedback request is done only with the intent to know Client's appreciation and to improve the service given by Laikly to his Clients. Every Client can freely decide not send a feedback.
13. Shipping charges and delivery time
13.1 Charges and estimated time for delivery are shown directly in "Shopping bag/Order" section before you proceed with the confirmation of the order. It is necessary to choose the correct destination between those suggested by the system in Summary section > DESTINATION. System will automatically calculate and show the amount of shipping charges and normally estimated delivery time. Any promotion (for example Shipment free) will be considered by the system and automatically shown in the summary.
13.2 Any request concerning shipment to destinations not indicated by the system or particular requests regarding transportation to Laikly must be pre-emptively agreed and ad hoc quoted.
13.3 Laikly Customer Service will send to Client a confirmation by email when the shipment of the Order is done with indication of courier and number of the shipment (tracking number) to allow the Client to monitor the shipment on the website www.laikly.com on "Account" section after login with username and password or directly on courier website by searching shipment details with tracking number or contacting courier area branch.
13.4 In case that courier is not able to make the delivery because of wrong or non-existent destination address or in case of absent addressee or not informed/ not delegate addressee to the reception of the goods, Laikly will open automatically a stored material file and will debit the cost to the Client: this charge is composed by the opening file cost and the charge for days of goods storing in courier warehouse. To avoid any possible charge or inconvenient, Laikly suggests to request the "delivery on appointment" service planned with the courier with a surcharge of € 2,00 by selecting the option "Express Courier on appointment" in the "Shopping bag" area on the Summary section.
13.5 In case that also at second passage addressee is absent, destination address results wrong or Laikly is not able to contact the Client, Laikly will ask the courier to give back the shipment to Laikly's warehouse and will refund the Client within 30 (thirty) days from the opening date of stored material dossier deducting the cost of € 25,00 (twenty five) for the management of this dossier, the cost of the shipment both for the sending and the return of goods to our warehouse (even in case of free shipping promotions).
13.6 Shipments outside Italy: we accept only advance payment with bank transfer, payment with credit card or pre-paid card or PayPal system.
13.7 It being understood what described at point "5. Products availability and shipment" of General Sale Conditions.
14. Anonymity and privacy
14.1 Laikly will undertake to ship the goods purchased by the Client using anonymous packaging without any indications of the contents. Laikly invites the Client to indicate a shipment address where is always present somebody informed and available to receive the shipment at the courier's arrival.
14.2 Inside the packaging Client will find, if required, Invoice where are indicated all products purchased with details and description.
15. Protection of personal data
15.1 Laikly reserves the right to conserve each Order data as well as Client's contacts only in order to use them during correct Order execution (also through transmission to Laikly's commercial partners involved in payment management, Order execution and/or goods shipment), possible complaints management regarding product warranty and/or management of recommendations or instructions to Client incident to purchased item.
15.2 Personal data conservation and treatment will be done in conformity with contents of informative note about protection of personal data as by law enacted publicised on our website www.laikly.com (privacy).
16. Modification of General Conditions of Sale
16.1 16.1 In case that modifications are brought to these General Conditions of Sale, Laikly will promptly inform the Client. Modifications will become integral part of new contracts as a result of forwarding by the side of the Client of first Order subsequent to reception of modification communication.
17. Substitution clause
17.1 In case that a current or future disposition of General Conditions of Sale and/or of the contract should be or become totally or in part invalid and/or ineffective or may be a gap in dispositions of above-mentioned Conditions and/or of the contract, remaining dispositions of General Conditions of Sale and of the contract will remain in any case valid and effective. It is understood that Laikly and the Client will engage to negotiate in good faith integration of the gap or substitution of invalid and/or ineffective clause with purpose of achieve the same results pursued by invalid or ineffective clause and safeguard economic substance of the contract. In accordance with and for effect of articles 1341 and 1342 of Italian Civil Code, Client declares to approve explicitly all dispositions contained in these General Conditions of Sale.
18. Legal actions of the Client
18.1 Client defaulting to one of the obligation contained in previous articles, could not assert any action and/or exception toward Laikly depending and/or incident to this contract.
19. Acquiescence to any possible contract violation
19.1 Laikly's acquiescence to any violation of obligations deriving from these General Conditions of Sale, could not be in no way intended as tacit acceptance or tacit approval to the conducts brings about from Client that, at all effects, have to be considered violation of the contract.
20. Competent court
20.1 For every controversy incident to and/or resulting from interpretation, execution, dissolution of this contract will be competent, in exclusive way, the Court of Treviso (Italy).
November 5th 2010
These General Conditions of Sale constitute intellectual property protected by copyright. Use, even partial, by the side of third party is not allowed. Any possible violation will be criminally prosecuted.