1. General conditions of sale for use of the www.algademy.com website.
1.1. These general conditions of sale refer to the distance purchase of products, through computerised methods or over the phone, of products presented on the www.algademy.com website, managed by
Algademy s.r.l.
With headquarters in Via Settembrini, 16/f, 42123 Reggio Emilia, Italy, VAT 02864010356
Online store on website: www.algademy.com
Phone: (+39) 0522|232737
E-mail: info(at)algademy.com
and are an integral and essential part of the purchase contract of any Product. Sending in an Order, as described below, means that the Customer has accepted it.
1.2. The provisions referring to “Consumers” apply solely to subjects who are natural persons placing an Order for purposes outside of any business, trade, artisan or professional activities that they may carry out.
Algàdemy guarantees that Consumers shall benefit from all the safeguards provided by the law, in particular to stipulate distance contracts pursuant to Title III, Section II, of Italian Legislative Decree September 6 2005, No. 206 ("Consumer Code"), as amended by Italian Legislative Decree 21.02.14 No. 21, in implementation of directive 2011/83/EU, in addition to all further safeguards, in favour of Consumers, set forth by the Consumer Code itself and by any other applicable law. For any explanations or information about the content of the general conditions of sale, or for complaints and disputes, the Algàdemy customer service is available, by calling (+39) 0522 232737 or sending an e-mail to info(at)algademy.com. Even if the Customer does not wish to make use of the phone service, all the rights and entitlements recognised by law are applied.
1.3. The general conditions apply to all Orders for the purchase of Products and sent to Algàdemy through the website www.algademy.com or by calling (+39) 0522|232737.
1.4. “Customer” refers to both the “Consumer” (natural person making the Order for purposes outside of any business, trade, artisan or professional activities that they may carry out), and the “Professional” (natural or legal person making the Order for their business, trade, artisan or professional activity).
1.5. “Order” refers to any proposal to purchase one or more Products formulated by the Customer over the internet or phone, while the term “Contract” refers to this agreement between Algàdemy and the Customer purchasing one or more Products. The Order is created and the contract is stipulated according to the methods set out below.
1.6. “Products” refers to the products, accessories and tools for body care that are listed in the catalogue accessed by clicking “products” on the website pages.
1.7. “Business day” refers to any day of the week except for Saturday, Sunday and bank holidays pursuant to Italian law.
1.8. The Customer can keep a copy of these general conditions of sale, in addition to all the documents that the Contract consists of, related to the Products purchased on the Website, using the regular functions of their browser (e.g.: "File" –> "Save as").
1.9. The Customer can store the data of their Order by downloading the general sales conditions, pursuant to the previous article and by saving, using the functions of their browser, the data summarised in the last web page before concluding each Order, or by waiting for the Order Confirmation email that Algàdemy will send to them, when they get the Order, to the e-mail provided by the Customer. This e-mail of confirmation contains the data of the Order sent by the Customer, with the possibility of printing or saving this documentation.
1.10. The data saved by Algàdemy in its computerised records are considered proof of communication, orders and payments between the parties.
2. Closing the Contract
2.1. Any Contract relating to the purchase of Products entered into will be drawn up exclusively in Italian language.
2.2. Before sending in any Order, the Customer is asked to very carefully read these general conditions of sale. Furthermore, before proceeding with the purchase of products by sending in the order form, the Customer will be asked to print out a copy using the print command and save or make a copy for their own personal use.
2.3. The presentation of Products on the website is an invitation to users of the website to create a purchase proposal, and therefore binding for Algàdemy to the extent of the stated availability of stock. Algàdemy reserves full discretion to conclude the contract according to the stock of goods.
2.4 Closing the contract over the internet
2.4.1. To purchase one or more Products over the Internet, the Customer provides Algàdemy, in compliance with the applicable regulations regarding personal data protection, all the data required by Algàdemy to process the Orders.
2.4.2. The Customer can select one or more Products that they intend to purchase by putting them in a virtual “cart”, the content of which can always be checked before placing the Order.
2.4.3. By clicking on "Check out" the Customer starts the Order placing procedure. During the Order creation stage, and until it is actually sent, the Customer can however check the entered data by clicking on the “back” button, to identify and correct any wrong information.
2.4.4. By clicking on “Place Order” the Customer sends the Order in to Algàdemy.
2.5 Closing the contract over the phone
2.5.1. The Customer can send in an Order by contacting customer service at (+39) 0522|232737, providing the operators with all the data necessary to place it (name, surname, email address, billing address and shipping address, if different from the billing address). The Order is considered as placed at the end of the phone conversation.
2.5.2. Every Order that is sent in according to these methods is, for all intents and purposes, considered a contractual proposal made by the Customer. Algàdemy will send the Order and Sales Conditions via fax or e-mail to the e-mail address provided by the Customer. The Order and these Conditions will be signed by the Customer and sent back via e-mail or fax. The contract is considered concluded with the confirmation by Algàdemy on receiving the Order, by sending an email to the account provided by the Customer. When this e-mail is sent Algàdemy will also notify the Customer whether the Order can be accepted or not (order confirmation).
2.5.3. Algàdemy reserves the right to accept Orders or otherwise, and if not accepted, the Customer is not allowed to exercise any rights or demands from Algàdemy of any kind. The Order is, in any case, considered accepted and therefore the Contract as concluded, when the Customer receives, in their inbox, an Order Confirmation e-mail, containing confirmation that the Order has been accepted.
2.5.4. In the exceptional event that the order is cancelled, either by the Customer or by failure by Algàdemy to accept it, the transaction shall be cancelled and the paid amount shall be reversed. The payment reversal times depend solely on the banking system. Once the transaction is cancelled, in no case may Algàdemy be held liable for any damage, whether direct or indirect, caused by the delay of the banking system in reversing the payment.
2.5.5. By placing an order in the various possible methods, the Customer declares to have acknowledged all the instructions given to them during the purchase procedure and to accept all the general and payment conditions provided below.
3. Price and shipping costs
3.1. The prices of the Products published on the homepage or in the various sections of the website include VAT and exclude any customs fees or taxes applicable in the Products’ destination country, if outside of Italy, which will be charged to the Customer.
3.2. The prices of the products stated on the Website are subject to change at any time and without prior notice, without prejudice to the fact that, only limited to orders currently being accepted or already accepted by Algàdemy, the sales conditions in force at the time when the Customer sends the order shall apply, with the exception of unaccepted orders.
3.3. Shipping costs in Italy are free for minimum orders of 49.00€ including VAT, except when paying cash on delivery which is an additional €4.00 fee including VAT. For orders below €49.00 VAT included, the shipping fees in Italy amount to €8.00 VAT included. For payments made by cash on delivery, there is an additional €4.00 fee VAT included. For shipping outside of Italy the cost depends on the destination of the goods. In each case the shipping cost will be automatically displayed before confirming the order.
4. Shipping and delivery
4.1. For deliveries, Algàdemy will use couriers selected by them. The products are delivered to the address indicated by the consumer on the order note and only in the geographical areas that couriers working for Algàdemy operate in. Algàdemy reserves the right to assess and possibly not process Orders that involve delivery outside of Italy.
4.2. Delivery times are 3-4 business days on average, from the order validation date and are provided purely as an indication. Accordingly, when this term lapses, no claims or rebates whatsoever may be demanded. In any case, in compliance with the law, delivery will be made within thirty days of the contract’s conclusion date.
4.3. Unless expressly stated, delivery is intended at street level.
4.4. When the goods are delivered by the courier, the Customer is required to check:
a) that the number of packages matches the number stated on the transport document;
b) that the packaging is intact, not damaged, nor wet or altered in any way, including the closing material (tape or plastic straps).
4.5. If a product is delivered damaged or non-compliant with the order, the customer is entitled to reject the delivery (giving due notice on the delivery note) and must notify Algàdemy within 14 days. If there are missing products, the customer must strictly state this in writing on the delivery note, which must be obtained from the delivery person. If conditional acceptance is not stated on the delivery note, no complaint shall be considered neither by the courier nor by Algàdemy for the above cases.
4.6. Any damage to the packaging and/or product or inconsistency between the number of packages or directions, must immediately be reported by writing “ACCEPTED CONDITIONALLY” on the courier’s delivery receipt. When the courier’s document is signed, the Customer may no longer make any complaint regarding the exterior characteristics of the delivered goods.
We therefore recommend, even if there are no external issues on the package, to always sign the courier’s receipt with the words “Subject to inspection”. In fact, if this is not written and the customer finds damage on the product, the courier will no longer be held liable regardless of any insurance policy. Any issues pertaining to physical integrity, products not matching the order or missing must be reported within 14 days of delivery.
4.7. If no delivery has been made after 5 business days from order confirmation, the customer must inform Algàdemy over the phone or by contact form. A complaint will be made with the courier in order to find out the reason of the delay.
4.8. If no one is there to receive the package, the delivery person will leave a notice of attempted delivery in the customer’s mail box. The customer shall contact Algàdemy or the delivery company strictly within 4 days to ask for free re-delivery.
4.9. If any undelivered material on hold at the delivery company's site is not picked-up within 5 business days, due to repeated impossibility of delivery to the address provided by the Customer when placing the order, the order will automatically be cancelled, the courier will redeliver the package back to Algàdemy. In this case the customer is required to refund Algàdemy for the double shipping fees (to and from the customer address).
4.10. The package will be delivered with a receipt listing the products contained in it and the details of the shipping fees.
4.11. Algàdemy shall not be held liable for failed or delayed delivery due to force majeure – by way of example – strikes, provisions of the Public Authority, rationing or shortages of energy or raw materials, difficulties with transport, fires, floods, flooding and damage to industrial machinery. If the force majeure lasts for more than 30 (thirty) days, each of the parties shall be entitled to withdraw from the contract. If the Customer withdraws, they shall not be entitled to any form of compensation of any kind, without prejudice to refunding any payment already made for the price of the Product.
4.12. Algàdemy shall not be held liable for prolonging the terms of delivery due to the courier, especially in cases of loss of the products, adverse weather or strikes.
4.13. If an error happens in shipping caused by Algàdemy and a customer receives the wrong order, the customer is kindly asked not to open the package, but to contact Algàdemy who shall have the product picked up or in any case provide the necessary instructions for returning it and send the correct order, without charging any additional shipping fees. If the Customer is required to pay shipping fees to return it, this amount will be acknowledged in the form of a discount coupon towards future purchases.
5. Payment
5.1. Unless the Customer chooses to avail of the “Cash on Delivery” option, they shall pay for the full price of the Products ordered at the same time as Placing the Order. It is understood that, if the Order is not accepted, Algàdemy shall promptly reimburse any amounts already paid to the Customers.
5.2. When the Order is sent, Algàdemy may propose various payment methods, such as, by way of example, credit card payment (Visa, MasterCard, Maestro, Visa Electron, JCB, China Union Pay), payment by “Paypal” protected system, payment by pre-paid card (e.g. “Postepay”) and payment by bank transfer and cash on delivery. The Customer must select the payment method from those offered by Algàdemy that they intend to use.
5.3. For Orders made over the phone the payment of the price must be made when the Products are delivered, or by advance bank transfer if included as a payment method.
5.4. When a Product is marked as “available” on the website, Algàdemy shall send this article as soon as possible or, if the payment is made by bank transfer, within 5 (five) business days from confirmation of receiving the payment. Algàdemy shall not be held liable for failed or delayed delivery if the ordered Products are not delivered by the supplier/producer to Algàdemy or, in any case, are not available due to circumstances outside of their control.
5.5. In any case, when the Customer is a Consumer and the unavailability of Products does not make it possible to proceed with delivery of the Algàdemy Product within 30 (thirty) days of the Consumer placing the Order, Algàdemy shall reimburse the Consumer for any advance payments of the price within 30 (thirty) days from the day after the Order was placed.
6. Right of withdrawal
6.1. If the customer is a Consumer, they have the right to withdraw from the purchase contract for any reason, without explanation, within 14 days. The withdrawal period lapses after 14 days from the day that THE CUSTOMER OR THIRD PARTY OTHER THAN THE COURIER AND DESIGNATED BY THE CUSTOMER, ACQUIRES PHYSICAL POSSESSION OF THE GOODS.
IN THE CASE OF A CONTRACT RELATING TO A NUMBER OF GOODS ORDERED BY THE CUSTOMER IN A SINGLE ORDER AND DELIVERED SEPARATELY, THE PERIOD OF WITHDRAWAL LAPSES AFTER 14 DAYS FROM THE DAY THAT THE CUSTOMER OR A THIRD PARTY OTHER THAN THE COURIER AND DESIGNATED BY THE CUSTOMER, ACQUIRES PHYSICAL POSSESSION OF THE LAST BATCH OR ITEM.
IN THE CASE OF A CONTRACT FOR THE PERIODICAL DELIVERY OF GOODS OVER A GIVEN PERIOD OF TIME, THE PERIOD OF WITHDRAWAL LAPSES 14 DAYS AFTER THE DAY THAT THE CUSTOMER OR THIRD PARTY, OTHER THAN THE COURIER AND THAN THE DESIGNATED CUSTOMER, ACQUIRES PHYSICAL POSSESSION OF THE FIRST PRODUCT.
6.2. To exercise this right, the Consumer must send to Algàdemy an express written notice, within 14 business days from the date of receiving the Products, or from the day that the Consumer or third party, other than the courier and designated by the Consumer themselves, acquires physical possession of the goods. The notice of withdrawal must be sent by letter or e-mail to the addresses provided below. For this purpose, THE CONSUMER may use the standard form for withdrawal below, but it is not mandatory. IF THE CUSTOMER CHOOSES TO USE THE FORM FOR WITHDRAWAL PROVIDED ON THE WEBSITE, Algàdemy SHALL PROMPTLY SEND CONFIRMATION OF RECEIVING THE NOTICE OF WITHDRAWAL VIA E-MAIL.
Standard form for withdrawal
Algàdemy Srl
Via Settembrini 16/f, 42123 Reggio Emilia, Italy
Phone: (+39) 0522 232737
E-Mail: info(at)algademy.com
I hereby notify withdrawal from my sales contract for the following goods: (list the products the withdrawal is exercised for), ordered on (state the date) and received on (state the date).
Name of consumer
Address of consumer
email:
phone:
date
Consumer’s signature (only if this form is served in printed version)
––––––––––––––––––––––––
6.3. The right to withdrawal is nevertheless subject to the following conditions:
6.3.1. the right applies to the product acquired in its entirety; it is not possible to exercise withdrawal only for part of the purchased product;
6.3.2. the right does not apply to packaged and sealed products with an expiration or best before date once they are opened;
6.3.3. the right does not apply to packaged and sealed products once they are opened;
6.3.4. The purchased goods must be intact and returned in the original package, with all its parts complete (including packaging and any documentation and accessory supply etc...) in conditions compatible with returning the goods; to limit damage to the original package, when possible we recommend putting it in a second box; always avoid applying labels or adhesive tape directly on the product’s original packaging. When the product is packaged, Algademy will pick it up;
6.3.5. the Consumer will be required to return the Product to Algademy at the addresses provided below within the term of 14 days from notifying withdrawal. The Products must be returned correctly packaged in their original packaging, in perfect state for re-sale (not ruined, damaged) and supplied with any accessories, instructions for use and documentation; supplied with the transport document (contained in the original packaging), to allow Algademy to identify the Consumer (Order number, name, surname and address). The Consumer is only responsible for the decrease in the value of the goods if they are handled differently than necessary to establish the nature, the characteristics and function of the goods. It is specified, in any case, that the Consumer’s right of withdrawal does not apply to Products that, by their very nature, are not suitable to be returned or are subject to the risk of quick deterioration or alteration such as, by way of example, opened cosmetic products.
6.4. When the returned Product is not compliant with the provisions of the previous paragraph, the withdrawal shall have no effect.
6.5. When it arrives at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the product or the original package and/or packaging are damaged or the value is decreased due to handling the goods in a manner other required than to establish its nature, characteristics and function, Algademy shall withhold a percentage from the refund due, in any case no more than 50% thereof, as a restoration fee.
6.6. If the Consumer withdraws from this contract, all the payments made to Algademy shall be reimbursed, including the delivery costs (except for additional costs deriving from the consumer’s decision to choose a type of delivery other than the least costly standard service) within 14 days of Algademy receiving notification of the consumer’s express decision to withdraw. Said reimbursements shall be made using the same method of payment used in the initial transaction, unless the Consumer has expressly agreed otherwise.
6.7. The right to withdraw completely lapses when the product is returned to Algademy with one of the aforementioned conditions unfulfilled.
6.8. If the right to withdraw lapses, Algademy shall return the purchased item to the sender, charging them with the shipping fees.
6.9. It is specified, in any case, that the Consumer’s right of withdrawal does not apply to Products that, by their very nature, are not suitable to be returned or are subject to the risk of quick deterioration or alteration such as, by way of example, opened cosmetic products.
6.10. The notice of withdrawal must be sent to:
Algademy s.r.l.
Via Settembrini 16/f
42123 Reggio Emilia, Italy
Phone: (+39) 0522|232737
E-Mail: info(at)algademy.com
The items must be returned to:
Algademy s.r.l.
Via Settembrini 16/f
42123 Reggio Emilia, Italy
7. Data protection
7.1. Algademy reserves the right to retain the data of each Order as well as the Customer’s contact details for the sole purpose of using them to correctly process the Order (also by sending them to trade partners involved in managing payment, in processing the Order and/or shipping the item), any complaints regarding the warranty on the item and/or recommendations or instructions for the Customer regarding the item. Data shall be retained and processed in compliance with the content of the policy on personal data protection and use by Algademy (“privacy policy”).
7.2. Without prejudice to the above, any use of the Customer’s personal data shall be subject to the provisions contained in the aforementioned privacy policy.
8. Changes to the general conditions of sale
8.1. If any change is made to these general conditions of sale, Algademy shall promptly post the amended general conditions of sale on the Website.
8.2. The amended general conditions of sale will become an integral part of new Contracts, from the date of the first order sent in by Customers, following publication thereof on the Website. For Orders sent in before this notice, the previous version of the general conditions of sale shall apply.
9. Replacement clause
9.1. If a current or future provision of the general conditions of sale and/or contract should be or become fully or partially null and/or ineffective, i.e. if there is a lacuna in the provisions of the general conditions of sale and/or contract, the remaining provisions of the general conditions of sale and contract shall nevertheless remain valid and effective. It is understood that Algademy and the Customer shall undertake in good faith to negotiate the integration of the lacuna or replacement of the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
10. Court of Jurisdiction
10.1. The sales contract between the Customer and Algademy is considered entered into in Italy and governed by Italian Law. For the resolution of civil and criminal disputes deriving from the stipulation of this distance sales contract, the court of Reggio Emilia shall have sole jurisdiction for contracts stipulated with professionals.
10.2. When the Customer is a consumer, the judge of the place of residence or domicile of the Consumer shall have jurisdiction, if located within the Country.
11. ODR - Online Dispute Resolution
Link to the ODR site of the European Union for Online Dispute Resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT
