Privacy Policy and Terms of Conditions

These General Terms and Conditions of E-commerce Sale (hereinafter "Terms and Conditions") govern the relationships between the Supplier and the Consumer Buyer in the retail sale transactions, via specifically dedicated software platforms, of movable goods belonging to the product category of products for barbers, hairdressers, and beauticians such as, by way of example and not limited to, shaving foams, beard lotions, hair waxes, hair gels and other products in the sector.

Art. 1

Definitions

1.1. The expression "Supplier or Seller" means Mr. Andrea Catalano (CF CTLNDR96T08B729K; the person providing information on the Products and the seller of the same.1.2. The expression "Consumer Buyer" means the consumer, a natural person, who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out. 1.3. The expression "Business Buyer" means the person who makes purchases for commercial and/or entrepreneurial and/or professional purposes. 1.4. The expression "Online Sales Contract" means the sales contract stipulated between the Supplier and the Consumer Buyer, having as its object the tangible movable goods offered to the public by the Supplier in the interest of the Manufacturer within the framework of a remote selling system via electronic tools, organised by the Supplier. 1.5. The expression "Products" means the tangible movable goods offered for sale to the public by the Supplier who is a person other than the Manufacturer.1.6. The term "Manufacturer" means any party other than the Supplier who manufactures, produces, assembles, synthesizes, and performs all operations necessary for the formation, quality testing, packaging, and preparation of the Products.1.7. The term "Damaged Party" means any Buyer who has suffered compensable damage causally connected to a lack of conformity of the Product or to a defect that makes the Product unsuitable for its intended use.

Art. 2

Object of the contract

2.1. With this contract, respectively, the Supplier sells and the consumer Buyer purchases remotely via electronic means the movable goods indicated and offered for sale on the website https://www.catabarber.com/shop/

2.2. The products referred to in the previous point are illustrated on the web page: https://www.catabarber.com

Art. 3

Method of entering into the contract

3.1. The contract between the Seller and the Consumer Buyer is concluded exclusively via the Internet by the Consumer Buyer accessing the address https://www.catabarber.com/shop/, where, following the indicated procedures, the Consumer Buyer will accept the offer to the public to purchase the Products referred to in Articles 1.5 and 2.1.

Art. 4

Conclusion and effectiveness of the contract

4.1 The purchase contract is concluded by correctly completing the request form and correctly expressing consent to the purchase by submitting the online application or by completing the form attached to the online electronic catalogue at https://www.catabarber.com/shop/ and subsequently sending the form itself, always after viewing a printable order summary web page, which contains the personal details of the Consumer Buyer, the order details, the price of the purchased item, the shipping costs and any additional charges, the payment methods and terms, the address where the item will be delivered, the delivery times and the existence of the right of withdrawal.

4.2. Upon receiving the order from the consumer Buyer, the Seller will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data referred to in the previous point.

4.3. The contract is not considered perfected and effective between the parties and therefore no obligation will arise on the part of the Supplier in the absence of what is indicated in the previous point.

Art. 5

Payment and refund methods

5.1. All payments by the consumer Buyer may only be made using one of the methods indicated on the Supplier's dedicated web page.

5.2. Any refunds to the consumer Buyer will be credited using one of the methods proposed by the Supplier and chosen by the consumer Buyer, promptly and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 et seq. of these Terms and Conditions, no later than 60 days from the date on which the Supplier became aware of the withdrawal.

5.3. All communications relating to payments are made on a dedicated Supplier line protected by encryption. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation regarding the protection of personal data pursuant to EU Regulation 679/2016 and Legislative Decree 196/2003 and subsequent amendments.

Art. 6

Delivery times and methods

6.1. The Supplier will deliver the selected and ordered products, using the methods chosen by the consumer Purchaser or indicated on the website at the time the goods are offered, as confirmed in the email referred to in Article 4.1.

6.2. Shipping times may vary from the day of the order up to a maximum of 7 working days from order confirmation.

6.3 In the event that an offer establishes a deadline for delivery of a Product that is longer than the deadline indicated in the previous point, the deadline indicated in the offer will always be valid for the relationship between the Parties.

6.4 In the event that the Supplier is unable to ship within the aforementioned deadline for any reason, the Consumer Buyer will be promptly notified by email regarding the delivery times, in derogation of the provisions of Article 6.2 and Article 6.3.

6.5. The shipping methods, times and costs are clearly indicated and highlighted at https://www.catabarber.com/shop/.

Art. 7

Prices

7.1. All sales prices of the products displayed and indicated on the website https://www.catabarber.com/shop/ are expressed in Swiss francs and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

7.2. The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if any, although not included in the purchase price, are indicated and calculated in the purchase process before the consumer purchaser submits the order and are also included on the order summary web page.

7.3. The prices indicated for each of the goods offered to the public are valid until the expiration date indicated in the online catalogue.

Art. 8

Product Availability

8.1. The Supplier ensures prompt processing and fulfillment of orders through its electronic system. To this end, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.

8.2. If an order exceeds the quantity available in stock, the Supplier will notify the consumer buyer via email whether the item is no longer available for order or how long it will take to receive the item, asking whether the buyer intends to confirm the order or not.

8.3. The Supplier's IT system will confirm the order registration as soon as possible by sending the User an email confirmation, pursuant to point 4.2.

Art. 9

Limitations of liability

9.1. The Supplier assumes no responsibility for disruptions attributable to force majeure in the event it is unable to fulfill the order within the timeframes set forth in the contract.

9.2. The Supplier shall not be held liable to the consumer Purchaser, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet beyond its own control or that of its subcontractors.

9.3. Furthermore, the Supplier shall not be liable for damages, losses, and costs incurred by the consumer Purchaser as a result of failure to execute the contract for reasons not attributable to him, the consumer Purchaser being entitled only to a full refund of the price paid and any additional costs incurred.

9.4. The Supplier assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment for purchased products, provided it demonstrates having taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.

9.5. Under no circumstances may the consumer Buyer be held responsible for delays or errors in payment if he can demonstrate that he made the payment within the time and manner indicated by the Supplier.

Art. 10

Liability for defects, proof of damage and compensable damages: the obligations of the Supplier

10.1. Under no circumstances shall the Supplier be liable to the Consumer Buyer and/or the Business Buyer for any financial or non-financial damages caused by any lack of conformity of the Product or by any defect that makes it unsuitable for the use for which it is intended.

10.2 For any case of lack of conformity and/or defect referred to in the previous point, the Supplier assumes the exclusive obligation to communicate to the Damaged Party, within 3 months of a specific and express written request, the identity and domicile of the Manufacturer or of the person who supplied the goods, in order to allow the Damaged Party to direct any compensation claims against these parties.

10.3. The aforementioned request by the Injured Party must be made in writing and must indicate the Product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if still available.

10.4 The Supplier shall not be held liable for any harmful consequences arising from a lack of conformity and/or a defect that has arisen as a result of and following the introduction of a mandatory law, a regulatory provision, or a provision of an administrative or judicial authority, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.5. No compensation will be due if the Injured Party has directly or indirectly caused, through his or her own conduct, a defect in the Product and/or compensable damage resulting from improper use of the Product. Improper use means any use that does not comply with the instructions and warnings contained in the Product.

10.6. In any case, the injured party must prove the lack of conformity, the defect, the amount of damages and the causal connection between the defect and/or defect, on the one hand, and the damage, on the other hand.

10.7. Any damage to property and/or persons attributable to the Supplier will, in any case, be compensable only up to the purchase price of the Product. Any further compensation is expressly excluded, except in cases of willful misconduct or gross negligence by the Supplier.

Art. 11

Guarantees and assistance methods

11.1 Consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

a) they are suitable for the use for which goods of the same type are normally used;

b) conform to the description given by the Supplier on the basis of information taken from the Manufacturer and possess the qualities of the goods that the Supplier may have presented to the Consumer as a sample or model;

c) present the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the Manufacturer or his agent or representative, particularly in advertising or on labelling;

d) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller by the latter at the time of conclusion of the contract and which the Seller has also accepted by conclusive facts.

11.2. The consumer Buyer forfeits all rights if he or she fails to report the lack of conformity to the Seller within 8 days of the date the defect or fault was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or has fraudulently concealed it.

11.3 In any case, any presumption that defects of conformity that become apparent within 8 days of delivery of the goods existed before that date is excluded. The Buyer has the burden of proving that the defect or lack of conformity pre-existed the delivery of the Product.

11.4. In the event of a lack of conformity, the consumer Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price, or termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.5. The request must be sent in writing, by registered mail, to the Supplier, who will indicate his willingness to comply with the request, or the reasons preventing him from doing so, within 7 working days of receipt.

11.6 If the Supplier has accepted the request of the consumer Buyer, it must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.

11.7. If repair or replacement are impossible or excessively costly, or the Supplier has not repaired or replaced the goods within the timeframe indicated in the previous paragraph, or if the replacement or repair previously carried out has caused significant inconvenience to the Consumer Buyer, the latter may request, at his or her discretion, an appropriate price reduction or termination of the contract. In this case, the Consumer Buyer must submit his or her request to the Supplier, who will indicate his or her willingness to comply with the request, or the reasons preventing him or her from doing so, within 7 working days of receipt.

11.8. If the Supplier accepts the Consumer Buyer's request, it must indicate the proposed price reduction or the method of returning the defective item. In such cases, it will be the Consumer Buyer's responsibility to indicate the method of re-crediting the amounts previously paid to the Supplier.

Art. 12

Obligations of the consumer buyer

12.1. The consumer buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.

12.2. The consumer buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.

12.3. The information contained in this contract has, moreover, already been viewed and accepted by the consumer buyer, who acknowledges this, as this step is made mandatory before confirming the purchase.

Art. 13

Right of withdrawal

13.1 The right of withdrawal is always excluded for:

A. those Products that are perishable over time, B. those Products that are perishable due to climatic conditions, C. those Products that are perishable due to high temperatures above the level indicated in the warnings, D. those Products that are sold sealed but which have been opened by the Buyer, E. those Products whose return could violate health and hygiene regulations or provisions.

13.2. The consumer Buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within 14 (fourteen) working days from the day of receipt of the Product, if the purchased good is not perishable and is not easy to consume, as in the case of shaving lotions or foams.

13.3. Except in the cases referred to in Article 13.1, the Consumer Buyer who decides to exercise the right of withdrawal must notify the Seller by registered mail to Via Angelo Maspoli n. 7, Mendrisio (6850) or by email to catabarber1996@gmail.com, provided that such communications are confirmed by registered mail to Via Angelo Maspoli n. 7, Mendrisio (6850) within 48 (forty-eight) hours. The postmark affixed to the receipt issued by the post office will be considered valid between the Parties.

13.4. The return of the goods must, in any case, take place no later than 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

13.5. The only costs owed by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.

13.6. Upon agreement between the Parties, the Supplier may also provide a free refund of the entire amount paid by the consumer Purchaser within 30 (thirty) days of receiving the notice of withdrawal.

13.7. Upon receipt of the communication by which the consumer buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.

Art. 14

Causes for termination

14.1. The obligations set forth in point 12.1, assumed by the consumer Buyer, as well as the guarantee of successful payment that the consumer Buyer makes using the methods set forth in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that, by express agreement, the failure to fulfill even one of these obligations, unless caused by fortuitous event or force majeure, will result in the automatic termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.

Art. 15

Protection of privacy and processing of consumer buyer data

15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation set forth in EU Regulation 679/2016 and the amended Legislative Decree 196/2003 and subsequent amendments.

15.2. Personal data, including personal and tax information, acquired directly and/or through third parties by the Supplier, the data controller, are collected and processed in paper, electronic, and telematic form, using automated and manual processing methods, for the purposes of order registration, initiating procedures for the execution of this contract, fulfilling any legal obligations incumbent on the Seller, and managing optimal commercial relations pursuant to and for the purposes of Articles 6 and 9 of EU Regulation 679/2016.

15.3. The Supplier undertakes to treat the data and information transmitted by the consumer Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by the judicial authorities or other authorities authorized by law.

15.4. Personal data will be disclosed only to persons authorized to perform the activities necessary to execute the contract and disclosed exclusively for this purpose in accordance with Articles 6 and 9 of EU Regulation 679/2016.

15.5. The consumer Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003 and art. 13 of EU Regulation 679/2016, namely the right to obtain:

a) updating, rectification, or, where applicable, integration of the data; b) deletion, anonymization, or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been notified, including their content, to those to whom the data was communicated or disseminated, except where such disclosure proves impossible or involves a manifestly disproportionate effort compared with the right being protected. d) The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him or her, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him or her for the purpose of sending advertising or direct selling materials or for conducting market research or commercial communications. 15.6. The provision of personal data by the Consumer Buyer is a necessary condition for the correct and timely execution of this contract. Failure to do so will prevent the Consumer Buyer's request from being processed as no contract will have been concluded. 15.7. In any case, the data acquired will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. Their removal will be carried out securely. 15.8. The data controller is the Supplier, to whom the Consumer Buyer may address any requests at the company headquarters and at the addresses mentioned above. 15.9. Anything received at the Seller's email address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, and must contain valid, truthful, and non-infringing information. In any case, the Supplier cannot be held liable for the content of such messages.

Art. 16

Contract storage methods

16.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Consumer Buyer that each order sent is stored in digital/paper format on the Supplier's server/headquarters according to confidentiality and security criteria, also in compliance with Article 32 of EU Regulation 679/2016.

Art. 17

Communications and complaints

17.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Via Angelo Maspoli n. 7, Mendrisio (6850) or by email to catabarber1996@gmail.com. The consumer Buyer indicates in the registration form his or her residence or domicile, telephone number, or email address to which he or she wishes the Supplier's communications to be sent.

Art. 18

Dispute resolution

18.1 Should the Parties intend to bring proceedings before the ordinary judicial authorities, in the presence of a Consumer Purchaser, the competent court will be that of the place of residence or elected domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005. 18.2 Outside the cases provided for in the previous point, any dispute concerning the validity, interpretation, or execution of these Terms and Conditions will be referred exclusively to the judicial authorities of Milan.

Art. 19

Applicable law

19.1. This contract is governed by Italian law, the Civil Code, and any special legislation applicable from time to time to the specific case.

Art. 20

Final clause

This contract supersedes and replaces any previous agreement, understanding, negotiation, written or oral, between the Parties and concerning the subject matter of this contract.