Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

B2C

  1. GENERAL PROVISIONS

Preamble and acceptance of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter also referred to as General Terms and Conditions or GTCS) govern all sales and offers for sale of Products on the Valera eCommerce platform www.valera.com (hereinafter also referred to as the Website or the Platform) by Ligo Electric SA, represented by the person duly authorised as provided for by law, with registered office in Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland),

The Platform is a website that allows its users to shop for and purchase Valera electric hair styling tools and accessories (hereinafter also referred to as Products). Web Site User/s means any of the persons referred to in paragraph 2.1 below.

In order to proceed with the purchase of Products, the GTCS shall be accepted by the User when registering on the website, or, in the case of a purchase without registration, before the User sends the purchase order. The Preamble shall be deemed to be an integral part of the General Terms and Conditions.

  1. Website name and domain name owner

This website is owned and operated by Ligo Electric SA (Seller), which is also the owner of the domain name.

  1. Subjective and objective scope of application of the GTCS

2.1 Purchases of Products made through this website shall be considered as a distance contract between the Seller and the Consumer or Buyer (hereinafter also referred to as Buyer), where the term Buyer means ”any natural person who is acting for purposes which are outside his/her trade, business or profession“.

2.2 The applicable General Terms and Conditions are those in force on the date the purchase order is sent and are available in Italian, French, English and German. In the event of any conflict among the aforementioned language versions available on the website, the Italian language version shall prevail.

2.3 If any provision of these GTCS is invalid, void or otherwise unenforceable, it shall not affect the validity and/or enforceability of the other contractual provisions.

2.4 These GTCS do not govern the sale of products by third parties.

  1. Amendments to the GTCS

3.1 Before proceeding to purchase, the Buyer shall carefully read all the information that the Seller provides to him/her via the website before and during the purchase process, and he/she shall read these GTCS available in the General Terms and Conditions of Sale section of the website.

3.2 The GTCS may be amended at any time in order to keep them in line with the laws and regulations that may come into force, or in order to offer different and additional products to those currently on sale.

3.3 Any amendments and/or any additional provisions shall be in force from the time of their publication on the website in the 'General Terms and Conditions of Sale' section, where the last update date of the document is always shown. Users are therefore invited to access the website regularly and to read the most up-to-date version of the GTCS before making any purchase.

  1. REGISTRATION ON THE WEBSITE, PURCHASE AND DELIVERY OF PRODUCTS
  2. Registration on the website and personal account management

4.1 In order to browse the website and use its services, it is not necessary for the User to complete the Registration procedure. Making a purchase is possible even without Registration on the website. Registration is free of charge. Users registering on the website shall provide some personal data and follow all the steps of the procedure (Registration). Upon registration, the User is asked to choose a password, which he/she shall not disclose, even temporarily, to third parties and which shall be kept with due care, diligence, and secrecy under his/her own responsibility, since the username (corresponding to the e-mail address used during Registration) and the password chosen are the only means to identify the User and to validate his/her access to the offers. Each User is fully responsible for the accuracy and/or exhaustiveness of the personal data provided when concluding the purchase contract. The User is therefore informed that all activities carried out with such credentials shall be attributed to him/her and shall be binding upon him/her. Disclosure of data relating to third parties, as well as provision of fake, fictitious and/or in any way untrue data is also strictly prohibited.

4.2 Registration allows the User to access the personal area called 'Account' (Reserved Area). In the Reserved Area the User may at any time check his/her own data which were provided during the registration procedure, as well as the items added to his/her shopping cart but not yet purchased, the Products he/she has already purchased and other information such as, for example, the order history.

4.3 The User shall immediately inform the Seller of any unauthorised or improper use of his/her access credentials and of any violations by third parties. Should the Seller ascertain violations, it may disable access to the personal area, permanently delete the information contained therein or prevent the same User from opening new accounts, at its own discretion.

4.4 The User shall ask the Seller to update and/or amend or delete the data he/she provided during the registration procedure at any time. In case of a data deletion request the Seller shall temporarily retain all or part of such data, solely for the purpose of processing purchase orders and/or of concluding accounting and tax procedures.

  1. Information on the conclusion of a contract

5.1 Products can be sold either by accessing our permanent product catalogue or when there are sale promotions offering products and services subject to quantity and/or time limits.

5.2 In order to conclude the online product purchase contract the Buyer shall follow the instructions and shall make payment using the payment methods outlined in paragraph 8.

5.3 The contract is concluded once the payment has been confirmed. Once the contract is completed, the Seller shall send the Buyer an order confirmation to the e-mail address provided in the purchase process. The purchase order shall be stored in the Seller's database for the time necessary for its execution and according to the procedures and time limits laid down by law.

  1. Purchase of products and services (hereinafter jointly referred to as Products)

6.1 The images in a product data sheet or provided with sale promotions may not be perfectly representative of the product characteristics and may differ in colour, size and accessories that are shown in the picture. All the information given to support the purchasing process is meant to be general information which therefore does not refer to the actual characteristics of an offer or deal, unless expressly indicated by the Seller.

6.2 The Seller reserves the right to reject or cancel purchase orders coming from (i) a Buyer with whom it has ongoing litigation either in or out of court; (ii) a Buyer who has committed a breach of these GTCS; (iii) a Buyer who has been involved in fraud of any kind and, in particular, credit card fraud; (iv) a Buyer who has provided fake, false, fictitious, incomplete or otherwise inaccurate identification data and/or that do not correspond to the truth or that refer to third parties; (v) a Buyer who has violated the provisions set forth in paragraph 6.5 below; (vi) in the event that the Logistics operator is unable to deliver the purchased Product.
 In such cases, the Seller shall inform the User as soon as possible and, if the User has paid the price, this sum shall be refunded.

6.3 For each purchase order via the website, the relevant sales invoice is issued with the details provided by the Buyer in the purchase order and it will then be sent to the Buyer by e-mail. All invoices are sent by e-mail. The Buyer shall indemnify and hold harmless the Seller from any damage, obligation to pay compensation and/or sanctions that may arise and/or be applied on it in the event that such information is inaccurate and/or untrue. No changes to the invoice will be possible after it has been issued.

  1. Prices

7.1 Prices are in Euro and VAT inclusive. Ligo reserves the right to apply additional discounts and promotions.

7.2 The shipping costs are fixed and are set as follows:

  1. Free shipping, for orders totalling or over €130.00, net of discounts and promotions;
  2. €10.00 for orders under €130.00, net of discounts and promotions;
  3. €20.00 for express delivery.

Shipping costs may also be included in the sale price of some items or the Seller may decide to offer free shipping for specific campaigns or events. In any case, the User is always informed of the shipping costs before concluding the purchase process and making the payment.

7.4 The validity of promotional offers may be subject to quantity or time limits, after which they may no longer be available. The Seller shall change the duration or quantity of an offer at any time and at its own discretion, it being understood that it will follow up all orders placed during the offer validity period. An offer may be published several times over time. It may happen that an item is no longer available after purchase: in such cases, the Seller will refund the User if the conditions are met. It is also possible that for some offers of products a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he/she may receive a different variant of the product than the one chosen at the time of purchase.

  1. Payment methods

8.1 Payment for the Products can be made in the following ways:

  1. PayPal

If this payment method is selected, the Buyer shall authorise PayPal to proceed with the payment at the Seller's request based on the PayPal procedure, in accordance with the terms and conditions agreed upon between PayPal and the Buyer.

  1. Other payment methods

Other payment methods accepted by the Seller (e.g. credit card and/or debit/prepaid card) may be displayed on the website. If one of the payment methods available is selected, the Buyer shall authorise the chosen payment service provider to make payment at the Seller's request based on the procedure established by each provider and in accordance with the terms and conditions agreed upon between the provider and the Buyer.

8.2 The amount due is debited, unless otherwise specified in the terms of the offer, upon confirmation of payment. The Seller shall organise the shipment of the Products only after receiving confirmation of successful payment.

Should the payment fail, the Seller shall inform the Buyer by e-mail, who, in turn, may:

  • proceed with payment again using the same method; or
  • proceed with payment again using a different method than the one previously used but included among those listed in paragraph 8.1.

If payment is not completed by any of the above methods, the order shall be deemed cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the Buyer shall be informed by e-mail.

In all cases, the User is solely responsible for any incorrect and/or incomplete personal details or delivery address, which may result in the loss of the sum paid if the Products are delivered to unknown persons/third parties.

8.3 The Seller does not store data on payment instruments (e.g. credit card numbers), which are processed by the relevant payment service providers. The payment takes place after the User is sent to a protected and encrypted page of the payment service provider. Only after the transaction has been completed, the bank service provider informs the Seller of the final outcome of payment, without providing any information concerning the credit card used. For this reason, the Seller plays no role at all in any possible credit card transaction denial. The Seller shall therefore not be held liable in any way for any direct or indirect consequences resulting from the use of the credit card by the User during online checkout.

8.4 Please note that the invoice processing procedure is carried out by the Seller Ligo Electric SA, Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland) through its Tax Representative G-Project Srl, Piazzale Gerbetto 6, 22100 Como (Italy), VAT number IT 03618740132.

  1. Shipping and delivery

9.1 The Seller accepts orders to be delivered internationally within the European territory and limited to the following countries:

1

Austria

7

Finland

13

Lithuania

19

Romania

2

Belgium

8

France

14

Luxembourg

20

Slovakia

3

Bulgaria

9

Germany

15

The Netherlands

21

Slovenia

4

Croatia

10

Greece

16

Poland

22

Spain

5

Denmark

11

Italy

17

Portugal

23

Sweden

6

Estonia

12

Latvia

18

Czech Republic

24

Hungary

9.1.1 All countries not included in the above list are expressly excluded from delivery. Moreover, the following geographical locations in the countries listed in paragraph 9.1 are also excluded from delivery:

1

Faroe Islands (Denmark)

7

Mount Athos (Greece)

13

Melilla (Spain)

2

Greenland (Denmark)

8

Livigno (Italy)

14

The Canary Islands (Spain)

3

The Åland Islands (Finland)

9

Campione d’Italia (Italy)

 

4

France??? / Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint-Martin (France)

10

The Italian waters of Lake Lugano (Italy)

 

5

The Island of Heligoland (Germany)

11

Netherlands Antilles (The Netherlands)

 

6

The territory of Büsingen (Germany)

12

Ceuta (Spain)

 

9.2 Unless otherwise specified on the product data sheet available on the website, the Seller shall deliver the goods within 10 working days, from the order date to the date of the first delivery attempt.

9.2.1 In case of express delivery, unless otherwise specified on the product data sheet available on the website, the Seller shall deliver the goods within 2 working days, from the order date to the date of the first delivery attempt.

9.3 Shipment of goods is carried out by a partner of the Seller that may deliver the goods directly or by means of selected couriers (herein also referred to as Partners). The User may be informed by the Partner by e-mail when the product is dispatched. In the unlikely event that the goods become unavailable for any reason after receipt of the order, the amount paid for unavailable items will be refunded without charge to the User.

9.4 The User will be notified of the name of the courier and the tracking code of the shipment (Waybill or Tracking number), if available, to track his/her parcel. The Seller cannot ensure that several products purchased at the same time are delivered in a single shipment, nor that different shipments arrive at their destination at the same time. It is not possible to guarantee a precise delivery date or time as this depends on the courier chosen by the Partner, on the shipping address and on the person/party in charge of delivering the parcel. The Seller shall therefore not be held liable for any direct or indirect consequences arising out of such time frame. Unless otherwise specified during the purchasing process, delivery of the goods is meant at street level.

9.5 The Seller requires its Partners to use only packaging that ensures the integrity and safety of the Products and that is homologated by the chosen carrier. At all events, the User is required to carefully check his/her package upon delivery and to check that the packaging as well as the sealing materials (such as adhesive tape or strapping) are intact and do not show signs of damage or tampering. In case of damage to the packaging and/or to the products, the User shall immediately make a complaint by writing the 'accepted subject to verification' note on the courier's delivery document, by also specifying the type of damage (e.g. "Packaging/cardboard is punctured", "Packaging/box is crushed”, etc.). Conversely, if the parcel is accepted unconditionally, the User shall no longer file any product complaint.

9.6 In the event of non-delivery of the goods within the agreed time-limit, the User shall give notice to the Seller, and the Seller shall inquire with the Partner or courier about the status of the shipment and about any problems that may have occurred. Following a documented delivery issue (e.g. lost orders, damaged packaging and products during transport), the Seller shall resend the product, provided that it is available in the warehouse, without any additional costs or charges for the User, or, in the event of non-availability of the specific product(s), it shall refund the order in full.

III COMPLIANCE AND LIABILITY

  1. Contract compliance and Legal Warranty

10.1 Contract compliance is when the Products received correspond to the description available on the website as well as to what described in the Product Data Sheet, where their main characteristics are provided. The User is also aware that the images used on the website may sometimes only be indicative of the product and may not always faithfully represent the product delivered.

10.2 If a product received should differ from what was ordered, the User shall contact the Seller by filling in the appropriate contact form available on the website. The Seller will then contact the User and will carry out the necessary checks. Should the contract non-compliance be confirmed, the Seller will arrange for the product to be returned and replaced or refunded on the same payment instrument on which the original transaction was processed.

10.3 The Seller grants the Buyer a legal warranty on its Products for 24 months from the date of receipt of the Products.

11 Liability and Remedies available to Buyers  

11.1 The Seller shall not be held liable for any damages that may result from the use of the website, such as computer viruses, omissions, service interruptions and software failures, or for any damages to the User's computer equipment, that hinder or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond its control.

11.2 In addition to what is set forth in the preceding paragraph, the Seller shall not be held liable in any circumstances for delays or defects or non-conformities due to events beyond its reasonable control, such as, but not limited to: (i) force majeure events; (ii) events caused by third parties, such as interruption or malfunctioning of telecommunication services and/or power supply, , as well as acts or omissions by carriers or shippers.

11.3 The Seller shall be liable in the event of non-delivery and/or in the event that products other than those ordered are delivered, once it has ascertained that the Buyer has made regular payment for the Products.

11.4 However, the Buyer shall prove the Seller's breach of contract, as well as the consequent damage suffered.

11.5 Should any of the aforementioned circumstances arise, the Buyer shall have the right to request termination of the contract and reimbursement of the amount paid.

  1. WITHDRAWAL
  2. Right of withdrawal

12.1 The Buyer has the right to withdraw from the purchase contract within 14 calendar days of the date he/she receives the product(s) (Withdrawal Period) without giving any reasons. In the event that the Buyer exercises the right to withdraw from the contract, the cost of returning any goods shall be borne exclusively by the Buyer.

12.2 In order to exercise his/her right of withdrawal, the Buyer shall inform the Seller of his/her intention to do so prior to the expiry of the Withdrawal Period.

12.3 To this end, the Buyer may submit an explicit declaration of his/her decision to withdraw from the contract (Declaration of Withdrawal).

When exercising his/her right of withdrawal, the Buyer may also and alternatively use the withdrawal form available on the website.

The Declaration of Withdrawal shall be made in writing and in accordance with paragraph 16.1 (Contact).

12.4 After the procedure for exercising the withdrawal right is correctly completed, the User shall place the form received for this purpose, in which all relevant information relating to the order has been provided, on the outside of the package in a visible manner. Should the abovementioned form not be placed on the package, the carrier will not accept to collect the package with the products to be returned and, as a consequence, the return will not be completed. A copy of the withdrawal form shall also be placed inside the package.

  1. Exceptions to the withdrawal right

13.1 The Seller reserves the right to verify that the returned Product is in the same condition in which the Buyer received it, namely that the Product including its packaging has not been altered in its essential and qualitative characteristics. The product shall be returned in its original packaging (if possible). In the event that the original packaging is no longer available, the User shall adequately pack the product to be returned in such a way as to preserve its integrity.

13.2 At its sole discretion, the Seller reserves the right to refuse to accept Products being returned by a Buyer that have been damaged, even partially, or if these have been removed from their cases or packaging so that they can no longer be repositioned in their original state. In this case the Seller shall reject the withdrawal request and will inform the Buyer by sending an email to the e-mail address the Buyer provided during the purchase process.

V FINAL PROVISIONS

  1. Industrial and intellectual property rights; Privacy

14.1 It is prohibited and it is not legal to copy any material, content and design from the website, as well as any distinctive features of the Seller and the Seller’s Partners visible on the website.

14.2 The Seller is not the owner of the intellectual property, including trademarks, patents, design rights and copyrights, covering the products on sale and related materials (images, domain names, websites, photos, brochures, etc.). Industrial and intellectual property is solely and exclusively owned by Ligo Patents SA, Via Ponte Laveggio 9, 6853 Ligornetto (Switzerland) (hereinafter referred to as LPSA). By means of an exclusive licence agreement the Seller has been granted by LPSA the right to authorise the use of the above intellectual property rights for certain purposes. All obligations undertaken by the Buyer towards the Seller as an exclusive licensee of LPSA shall be deemed to be binding in favour of LPSA, which may exercise and enforce its rights directly against the Buyer.

14.3 Except when authorised by the Seller in writing, the Buyer shall avoid using, directly or indirectly, any trademark, trade name, service mark, domain name, brand name, product name and images, company description, logo and similar things that are (or will be) registered, used or owned by the Seller (in its capacity as an exclusive licensee) and/or by LPSA (in particular, all VALERA trademarks). The direct or indirect registration, holding and/or management, directly or indirectly, of a domain name or social media profile fall within the use of the above-mentioned distinctive features.

14.4 The Buyer shall avoid any risk of confusion between his/her name / activity and that of the Seller / VALERA / LPSA in any communication or material made available online; when such a risk exists, even if only potentially, the Buyer shall refrain from any communication / postings / activity and shall request specific written authorisation from the Seller (being the Seller the exclusive licensee).

14.5 Valera® is a registered trademark in Switzerland and abroad owned by LPSA. Any use of the trademark Valera® without the Seller's prior written consent (being the Seller the exclusive licensee) is illegal and will be prosecuted. The copyright for all Valera images, logos and texts is exclusively owned by LPSA and fully reserved. Copying, rental and distribution of copyrighted material is prohibited and will be prosecuted, if any???.

14.6 The User’s personal data will be processed in accordance with the principles of data protection and in compliance with applicable data protection laws. For more information, please refer to the Privacy Policy on the website.

  1. Applicable law; Alternative dispute resolution (ADR)/Online Dispute Resolution (ODR)

15.1 The purchase contract finalised on the website shall be governed by the law of the European country where the Buyer has his/her habitual residence.

15.2 All disputes arising from these GTCS shall come within the jurisdiction of the courts where the Buyer has his/her habitual residence.

15.3 In addition to this, the Seller gives notice to the Buyer of the existence of the European Online Dispute Resolution platform (EU ODR platform) to make a complaint about products or services and to find a solution. The EU ODR platform can be reached at https://ec.europa.eu/consumers/odr.

This is without prejudice to the right of the Buyer to bring any dispute arising from these GTCS before a court of competent jurisdiction, whatever the outcome of the out-of-court settlement procedure, as well as to the right to initiate an out-of-court dispute settlement concerning consumer relations through procedures provided for in the applicable law.

15.4 Furthermore, for any dispute relating to the application, performance and interpretation of these GTCS, the Buyer residing in a member state of the European Union may have access to the European Small Claims Procedure established by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, provided that the value of the claim does not exceed €2,000.00, excluding interest, fees and expenses. The official and complete text of EU regulations can be found at www.eur-lex.europa.eu.

  1. Contact

16.1 The Seller can be contacted in the following ways:

  • by registered mail with return receipt to the registered office of Ligo Electric SA, Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland); or
  • by sending an e-mail to support@valera.com; or
  • through the contact form on the website.

16.2 The Seller shall respond to complaints that are submitted within five working days (excluding holidays and/or closures) after order receipt.

 

 

GENERAL TERMS AND CONDITIONS OF SALE

B2B

  1. GENERAL PROVISIONS

Preamble and acceptance of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter also referred to as General Terms and Conditions or GTCS) govern all sales and offers for sale of Products on the Valera eCommerce platform www.valera.com (hereinafter also referred to as the Website or the Platform) by Ligo Electric SA, represented by the person duly authorised as provided for by law, with registered office in Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland).   

The Platform is a website that allows users to shop for and purchase Valera electric hair styling tools and accessories (hereinafter also referred to as Products). Web Site User/s means any of the persons referred to in paragraph 2.1 below.

In order to proceed with the purchase of Products, the GTCS shall be accepted by the User when registering on the Website. The Preamble shall be deemed to be an integral part of the General Terms and Conditions.

  1. Website name and domain name owner

This website is owned and operated by Ligo Electric SA (Seller), which is also the owner of the domain name.

  1. Subjective and objective scope of application of the GTCS

2.1 Purchases of Products made through this website shall be considered as a distance contract between the Seller and the Buyer, a professional operating in the haircare, beauty, wellness, hospitality and other sectors, where the term Buyer means ”any natural person acting for purposes relating to his/her trade, business, craft or profession and anyone acting in the name of or on behalf of this person “(Buyer).

2.2 The applicable General Terms and Conditions are those in force on the date the purchase order is sent and are available in Italian, French, English and German. In the event of any conflict among the aforementioned language versions available on the website, the Italian language version shall prevail.

2.3 If any provision of these GTCS is invalid, void or otherwise unenforceable, it shall not affect the validity and/or enforceability of the other contractual provisions.

2.4 These GTCS do not govern the sale of products by third parties.

  1. Amendments to the GTCS

3.1 Before proceeding to purchase, the Buyer shall carefully read all the information that the Seller provides to him/her via the website before and during the purchase process, and he/she shall read these General Terms and Conditions available in the General Terms and Conditions of Sale section of the website.

3.2 The GTCS may be amended at any time in order to keep them in line with the laws and regulations that may come into force, or in order to offer different and additional products to those currently on sale.

3.3 Any amendments and/or any additional provisions shall be in force from the time of their publication on the website in the General Terms and Conditions of Sale section, where the last update date of the document is always shown. Users are therefore invited to access the website regularly and to read the most up-to-date version of the GTCS before making any purchase.

  1. REGISTRATION ON THE WEBSITE, PURCHASE AND DELIVERY OF PRODUCTS
  2. Registration on the website and personal account management

4.1 In order to browse the website and use its services, it is not necessary for the User to complete the Registration procedure. Please note that access to the dedicated price list for Professionals and purchase of Products is only possible after Registration on the website.  Registration is free of charge. Users registering on the website shall provide some personal data and follow all the steps of the procedure (Registration). Upon registration, the User is asked to choose a password, which he/she shall not disclose, even temporarily, to third parties and which shall be kept with due care, diligence, and secrecy under his/her own responsibility, since the username (corresponding to the e-mail address used during Registration) and the password chosen are the only means to identify the User and to validate his/her access to the offers. Each User is fully responsible for the accuracy and/or exhaustiveness of the personal data provided when concluding the purchase contract. The User is therefore informed that all activities carried out with such credentials shall be attributed to him/her and shall be binding upon him/her. Disclosure of data relating to third parties, as well as provision of fake, fictitious and/or in any way untrue data is also strictly prohibited. Please note that the Seller reserves the right to carry out periodic checks on the existence of the requirements for access and benefits reserved for Professionals (e.g.: documentation relating to the business activity carried out).

4.2 Registration allows the User to access the personal area called 'Account' (Reserved Area). In the Reserved Area the User may check his/her own data provided during the registration procedure at any time, as well as the items added to his/her shopping cart but not yet purchased, the Products he/she has already purchased and other information such as, for example, the order history.

4.3 The User shall immediately inform the Seller of any unauthorised or improper use of his/her access credentials and of any violations by third parties. Should the Seller ascertain violations, it may disable access to the personal area, permanently delete the information contained therein or prevent the same User from opening new accounts, at its own discretion.

4.4 The User shall ask the Seller to update and/or amend or delete the data he/she provided during the registration procedure at any time. In case of a data deletion request the Seller shall temporarily retain all or part of such data, solely for the purpose of processing purchase orders and/or of concluding accounting and tax procedures.

  1. Information on the conclusion of a contract

5.1 Products can be sold either by accessing our permanent product catalogue or when there are sale promotions offering products and services subject to quantity and/or time limits.

5.2 In order to conclude the online product purchase contract the Buyer shall follow the instructions and shall make payment using the payment methods outlined in paragraph 8.

5.3 The contract is completed once the payment has been confirmed. Once the contract is completed, the Seller shall send the Buyer an order confirmation to the e-mail address provided in the purchase process. The purchase order shall be stored in the Seller's database for the time necessary for its execution and according to the procedures and time limits laid down by law.

  1. Purchase of products and services (hereinafter jointly referred to as Products)

6.1 The images in a product data sheet or provided with sale promotions may not be perfectly representative of the product characteristics and may differ in colour, size and accessories that are shown in the picture. All the information given to support the purchasing process is meant to be general information which therefore does not refer to the actual characteristics of an offer or deal, unless expressly indicated by the Seller.
 

6.2 The Seller reserves the right to reject or cancel purchase orders coming from (i) a Buyer with whom it has ongoing litigation either in or out of court; (ii) a Buyer who has committed a breach of these GTCS; (iii) a Buyer who has been involved in fraud of any kind and, in particular, credit card fraud; (iv) a Buyer who has provided fake, false, fictitious, incomplete or otherwise inaccurate identification data and/or that do not correspond to the truth or that refer to third parties; (v) a Buyer who has violated the provisions set forth in paragraph 6.5 below; (vi) in the event that the Logistics operator is unable to deliver the purchased Product.
In such cases, the Seller shall inform the User as soon as possible and, if the User has paid the price, this sum shall be refunded.

6.3 For each purchase order via the website, the relevant sales invoice is issued with the details provided by the Buyer in the purchase order and it will then be sent to the Buyer by e-mail.  All invoices are sent by e-mail.  The Buyer shall indemnify and hold harmless the Seller from any damage, obligation to pay compensation and/or sanctions that may arise and/or be applied on it in the event that such information is inaccurate and/or untrue. No changes to the invoice will be possible after it has been issued.

  1. Prices

7.1 Prices are in Euro and do not include VAT. Registration on the website as a B2B Buyer (or Hairdresser or Professional or similar professions/job classifications provided on the website) allows the User to benefit from a dedicated price list for professionals. The Seller reserves the right to apply additional discounts and promotions. These discounts and promotions may or may not be linked to membership of the Ambassador programme, to the number of products purchased and/or to specific promotional campaigns.

7.1.1 Please note that for buyers without a valid VAT number all prices displayed during the purchase process are VAT inclusive.

7.2 The shipping costs are fixed and are set as follows:

  1. Free shipping, for orders totalling or over €130.00, net of discounts and promotions;
  2. €10.00 for orders under €130.00, net of discounts and promotions;
  3. €20.00 for express delivery.

Shipping costs may also be included in the sale price of some items or the Seller may decide to offer free shipping for specific campaigns or events. In any case, the User is always informed of the shipping costs before concluding the purchase process and making the payment.

7.3 The validity of promotional offers may be subject to quantity or time limits, after which they may no longer be available. The Seller shall change the duration or quantity of an offer at any time and at its own discretion, it being understood that it will follow up all orders placed during the offer validity period. An offer may be published several times over time. It may happen that an item is no longer available after purchase: in such cases, the Seller will refund the User, if the conditions are met. It is also possible that for some offers of products a specific variant is not guaranteed and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances the User is aware that he/she may receive a different variant of the product than the one chosen at the time of purchase.

  1. Payment methods

8.1 Payment for the Products can be made in the following ways:

  1. PayPal

If this payment method is selected, the Buyer shall authorise PayPal to proceed with the payment at the Seller's request based on the PayPal procedure, in accordance with the terms and conditions agreed upon between PayPal and the Buyer.

  1. Other payment methods

Other payment methods accepted by the Seller (e.g. credit card and/or debit/prepaid card) may be displayed on the website. If one of the payment methods available is selected, the Buyer shall authorise the chosen payment service provider to make payment at the Seller's request based on the procedure established by each provider and in accordance with the terms and conditions agreed upon between the provider and the Buyer.

8.2 The amount due is debited, unless otherwise specified in the terms of the offer, upon confirmation of payment. The Seller shall organise the shipment of the Products only after receiving confirmation of successful payment.

Should the payment fail, the Seller shall inform the Buyer by e-mail, who, in turn, may:

  • proceed with payment again using the same method; or
  • proceed with payment again using a different method than the one previously used but included among those listed in paragraph 8.1.

If payment is not completed by any of the above methods, the order shall be deemed cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code and the Buyer shall be informed by e-mail.

In all cases, the User is solely responsible for any incorrect and/or incomplete personal details or delivery address, which may result in the loss of the sum paid if the Products are delivered to unknown persons/third parties.

8.3 The Seller does not store data on payment instruments (e.g. credit card numbers), which are processed by the relevant payment service providers. The payment takes place after the User is sent to a protected and encrypted page of the payment service provider. Only after the transaction has been completed, the bank service provider informs the Seller of the final outcome of payment, without providing any information concerning the credit card used. For this reason, the Seller plays no role at all in any possible credit card transaction denial. The Seller shall therefore not be held liable in any way for any direct or indirect consequences resulting from the use of the credit card by the User during online checkout.

8.4 Please note that the invoice processing procedure is carried out by the Seller Ligo Electric SA, Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland) through its Tax Representative G-Project Srl, Piazzale Gerbetto 6, 22100 Como (Italy) VAT number IT 03618740132.

  1. Shipping and delivery

9.1 The Seller accepts orders to be delivered internationally within the European territory and limited to the following countries:

1

Austria

7

Finland

13

Lithuania

19

Romania

2

Belgium

8

France

14

Luxembourg

20

Slovakia

3

Bulgaria

9

Germany

15

The Netherlands

21

Slovenia

4

Croatia

10

Greece

16

Poland

22

Spain

5

Denmark

11

Italy

17

Portugal

23

Sweden

6

Estonia

12

Latvia

18

Czech Republic

24

Hungary

9.1.1 All countries not included in the above list are expressly excluded from delivery. Moreover, the following geographical locations in the countries listed in paragraph 9.1 are also excluded from delivery:

1

Faroe Islands (Denmark)

7

Mount Athos (Greece)

13

Melilla (Spain)

2

Greenland (Denmark)

8

Livigno (Italy)

14

The Canary Islands (Spain)

3

The Åland Islands (Finland)

9

Campione d’Italia (Italy)

 

4

France??? / Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint-Martin (France)

10

The Italian waters of Lake Lugano (Italy)

 

5

The Island of Heligoland (Germany)

11

Netherlands Antilles (The Netherlands)

 

6

The territory of Büsingen (Germany)

12

Ceuta (Spain)

 

9.2 Unless otherwise specified on the product data sheet available on the website, the Seller shall deliver the goods within 10 working days, from the order date to the date of the first delivery attempt.

9.2.1 In case of express delivery, unless otherwise specified on the product data sheet available on the website, the Seller shall deliver the goods within 2 working days, from the order date to the date of the first delivery attempt.

9.3 Shipment of goods is carried out by a partner of the Seller that may deliver the goods directly or by means of selected couriers (herein also referred to as Partners). The User may be informed by the Partner by e-mail when the product is dispatched. In the unlikely event that the goods become unavailable for any reason after receipt of the order, the amount paid for unavailable items will be refunded without charge to the User.

9.4 The User will be notified of the name of the courier and the tracking code of the shipment (Waybill or Tracking number), if available, to track his/her parcel. The Seller cannot ensure that several products purchased at the same time are delivered in a single shipment, nor that different shipments arrive at their destination at the same time. It is not possible to guarantee a precise delivery date or time as this depends on the courier chosen by the Partner, on the shipping address and on the person/party in charge of delivering the parcel. The Seller shall therefore not be held liable for any direct or indirect consequences arising out of such time frame. Unless otherwise specified during the purchasing process, delivery of the goods is meant at street level.

9.5 The Seller requires its Partners to use only packaging that ensures the integrity and safety of the Products and that is homologated by the chosen carrier. At all events, the User is required to carefully check his/her package upon delivery and to check that the packaging as well as the sealing materials (such as adhesive tape or strapping) are intact and do not show signs of damage or tampering. In case of damage to the packaging and/or to the products, the User shall immediately make a complaint by writing the 'accepted subject to verification' note on the courier's delivery document, by also specifying the type of damage (e.g. "Packaging/cardboard is punctured", "Packaging/box is crushed”, etc.). Conversely, if the parcel is accepted unconditionally, the User shall no longer file any product complaint.

9.6 In the event of non-delivery of the goods within the agreed time-limit, the User shall give notice to the Seller, and the Seller shall inquire with the Partner or courier about the status of the shipment and about any problems that may have occurred. Following a documented delivery issue (e.g. lost orders, damaged packaging and products during transport), the Seller shall resend the product, provided that it is available in the warehouse, without any additional costs or charges for the User, or, in the event of non-availability of the specific product(s), it shall refund the order in full.

  1. Membership of the Ambassador programme

Buyers who meet the requirements may ask the Seller to join the so-called Ambassador membership programme (or similar denomination), which will enable those who use the unique code assigned to the Buyer-Ambassador to obtain dedicated discounts. Membership of the Ambassador programme and its regulation is set out in the Ambassador Programme Rules, to which reference is made. 

III COMPLIANCE AND LIABILITY

  1. Contract compliance and Legal Warranty

11.1 Contract compliance is when the Products received correspond to the description available on the website as well as to what described in the Product Data Sheet, where their main characteristics are provided. The User is also aware that the images used on the website may sometimes only be indicative of the product and may not always faithfully represent the product delivered.

11.2 If a product received should differ from what was ordered, the User shall contact the Seller by filling in the appropriate contact form available on the website. The Seller will then contact the User and will carry out the necessary checks. Should a contract non-compliance be confirmed, the Seller will arrange for the product to be returned and replaced or refunded on the same payment instrument on which the original transaction was processed.

11.3 The Seller grants the Buyer a legal warranty on its Products for 12 months from the date of receipt of the Products. Further guarantees are expressly excluded.

12 Liability and Remedies available to Buyers 

12.1 The Seller shall not be held liable for any damages that may result from the use of the website, such as computer viruses, omissions, service interruptions and software failures, or for any damages to the User's computer equipment, that hinder or delay the provision of services if these are due to external causes, force majeure and/or third parties beyond its control.

12.2 With regard to the Products and any damage resulting therefrom, the Seller's liability shall be limited to wilful misconduct and gross negligence and, in any event, within the limit of the amount paid by the Buyer for the Product(s). Special, incidental, punitive, indirect or consequential damages are excluded.

12.2.1 In addition to what is set forth in the preceding paragraph, the Seller shall not be held liable in any circumstances for delays or defects or non-conformities due to events beyond its reasonable control, such as, but not limited to: (i) force majeure events; (ii) events caused by third parties, such as interruption or malfunctioning of  telecommunication services and/or power supply, as well as acts or omissions by carriers or shippers.

12.3 The Seller shall be liable in the event of non-delivery and/or in the event that products other than those ordered are delivered, once it has ascertained that the Buyer has made regular payment for the Products.

12.4 However, the Buyer shall prove the Seller's breach of contract, as well as the consequent damage suffered.

12.5 Should any of the aforementioned circumstances arise, the Buyer shall have the right to request termination of the contract and reimbursement of the amount paid.

  1. WITHDRAWAL
  2. Right of withdrawal

13.1 The Buyer has the right to withdraw from the purchase contract within 14 calendar days of the date he/she receives the product(s) (Withdrawal Period).  

13.2 In order to exercise his/her right of withdrawal, the Buyer shall inform the Seller of his/her intention to do so prior to the expiry of the Withdrawal Period.

13.3 To this end, the Buyer may submit an explicit declaration of his/her decision to withdraw from the contract (Declaration of Withdrawal), only by using the withdrawal form available on the website.

13.4 The Buyer shall place the withdrawal form on the packaging, otherwise the carrier will not accept to collect the package with the products to be returned and, as a consequence, the return will not be completed. A copy of the withdrawal form shall also be placed inside the package.

13.5 The shipping costs to return Products shall be borne by the Buyer, who shall follow any further return instructions provided by the Seller.

  1. Exceptions to the withdrawal right

14.1 The Seller reserves the right to verify that the returned Product is in the same condition in which the Buyer received it, namely that the Product including its packaging has not been altered in its essential and qualitative characteristics. The product shall be returned in its original packaging (if possible). In the event that the original packaging is no longer available, the User shall adequately pack the product to be returned in such a way as to preserve its integrity.

14.2 At its sole discretion, the Seller reserves the right to refuse to accept Products being returned by a Buyer that have been damaged, even partially, or if these have been removed from their cases or packaging so that they can no longer be repositioned in their original state.  In this case, the Seller shall reject the withdrawal request and will inform the Buyer by sending an email to the e-mail address the Buyer provided during the purchase process.

V FINAL PROVISIONS

  1. Industrial and intellectual property rights; Privacy

15.1 It is prohibited and it is not legal to copy any material, content and design from the website, as well as any distinctive features of the Seller and the Seller’s Partners visible on the website.

15.2 The Seller is not the owner of the intellectual property, including trademarks, patents, design rights and copyrights, covering the products on sale and related materials (images, domain names, websites, photos, brochures, etc.). Industrial and intellectual property is solely and exclusively owned by Ligo Patents SA, Via Ponte Laveggio 9, 6853 Ligornetto (Switzerland) (hereinafter referred to as LPSA). By means of an exclusive licence agreement the Seller has been granted by LPSA the right to authorise the use of the above intellectual property rights for certain purposes. All obligations undertaken by the Buyer towards the Seller as an exclusive licensee of LPSA shall be deemed to be binding in favour of LPSA, which may directly exercise and enforce its rights against the Buyer.

15.3 Except when authorised by the Seller in writing, the Buyer shall avoid using, directly or indirectly, any trademark, trade name, service mark, domain name, brand name, product name and images, company description, logo and similar things that are (or will be) registered, used or owned by the Seller (in its capacity as an exclusive licensee) and/or by LPSA (in particular, all VALERA trademarks). The direct or indirect registration, holding and/or management, directly or indirectly, of a domain name or social media profile fall within the use of the above-mentioned distinctive features.

15.4 The Buyer shall avoid any risk of confusion between his/her name / activity and that of the Seller / VALERA / LPSA in any communication or material made available online; when such a risk exists, even if only potentially, the Buyer shall refrain from any communication / postings / activity and shall request specific written authorisation from the Seller (being the Seller the exclusive licensee).

15.5 Valera® is a registered trademark in Switzerland and abroad owned by LPSA. Any use of the trademark Valera® without the Seller's prior written consent (being the Seller the exclusive licensee) is illegal and will be prosecuted. The copyright for all Valera images, logos and texts is exclusively owned by LPSA and fully reserved. Copying, rental and distribution of copyrighted material is prohibited and will be prosecuted, if any???.

15.6 The User’s personal data will be processed in accordance with the principles of data protection and in compliance with applicable data protection laws. For more information, please refer to the Privacy Policy on the website.

  1. Applicable law and Competent Court

16.1 The purchase contract finalised on the website is governed by Swiss law.

16.2 All disputes arising from these GTCS shall be subject to the exclusive jurisdiction of the court of Mendrisio (Switzerland).

  1. Contact

17.1 The Seller can be contacted in the following ways:

  • by registered mail with return receipt to the registered office of Ligo Electric SA, Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland); or
  • by sending an e-mail to support@valera.com; or
  • through the contact form available on the website.

17.2 The Seller shall respond to complaints that are submitted within five working days after order receipt (excluding holidays and/or closures).

 

Updated on:  18 January 2024