Terms and conditions of sale

www.labsolueperfume.com

GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS 

In force since 17th September 2019 

Welcome to LabSolue Web Site (“LabSolue Web Site” or the “Web Site”). 

By placing an order with LabSolue for the products sold on the Web Site (“Products”) you will be deemed to have read, understood, and accepted these Terms and Conditions (“T&C”). Please read these T&C carefully and if you are not satisfied with any aspect of them, please contact one of our customer service representatives before placing an order. 

From time to time we modify these T&C. Please look at the top of this page to see the latest T&C update. Whenever you order Products from us, the T&C in force at that moment of the order will apply to the contract between you and us. If we need to change these T&C and the change materially affects your order, we will inform you with reasonable notice and we will let you know how to cancel the contract if you are not satisfied with the changes. 

All sales on this Web Site are carried out by ICR. 

 

I.C.R. INDUSTRIE COSMETICHE RIUNITE SPA 

Registered office: Via Tortona 15, 20144 Milan – Italy
Administrative headquarters and plant: Str. Prov. le 25 km 2.8, 26900 Lodi – Italy
Fully paid-up corporate capital: Euro 520,000 
Fiscal Code, VAT Number and Registration Number: MI 02212910158
REA Number MI 917513 

Hereinafter referred to as ICR spa  

Suitability  

In order to make a purchase through the Web Site or use some of the services or functionalities made available on our Web Site, you will be required to register. Upon registration, you will be required to provide true, accurate, current, and complete information about yourself, including, but not limited to, your name, telephone number and email address. If the information you provide upon registration changes in the future, you will be asked to change your personal online account immediately. From time to time, we may change the registration requirements. In addition, when ordering items, you will be asked to provide payment details and to represent and warrant that the payment details provided at the time of ordering are valid and correct and confirm that you are the person named in the billing information provided. 

The purchase of Products through the Web Site is strictly limited to those parties who may legitimately enter into and form contracts on the Web Site pursuant to the Italian law. 

 

 

Error in placing an order 

You can correct possible errors on your order until you click “submit order” on the final page of our order process. 

Acknowledgement of your order 

We will inform you as soon as possible by e-mail to confirm the receipt of your order and to provide you with an order number. If, after confirming your order, we are unable to process it, we will contact you by e-mail or telephone to inform you. We will acknowledge your order by sending you an email confirming that the Products have been shipped (“Shipment Confirmation”). We’ll enter into a legally binding contract with you when we’ll send you the Shipment Confirmation (or, in the unlikely event that a Shipment Confirmation is not sent due to a processing error, when we send you the Products).  

If you need information regarding your order, please contact us at ecommerce.labsolue@icrcosmetics.com specifying the order number.  

We may not accept your order if an item you have ordered is out of stock, if we have identified an error concerning the Product or if we are unable to obtain the payment authorisation from you. 

Inspection 

Upon receipt, you are kindly asked to check the Products and make sure that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you have notified us and returned the Products in accordance with your cancellation or other legal rights (as set out below). 

References to law, jurisdiction and language 

This Web Site, any content on it and all contracts entered into as a result of the use of this Web Site are regulated by the Italian law. The parties to such contracts agree to submit to the exclusive jurisdiction of the court of Milan, Italy.  

All contracts are written in Italian. 

  1. Name of theWebSite, company data of the seller and ownership of the domain name 

 

1.1The Web Site www.labsolue.it (Web Siteis the informative and e-commerce Web Site of the company  

 

I.C.R. INDUSTRIE COSMETICHE RIUNITE SPA 

 
Registered Office: Via Tortona 15, 20144 Milan – Italy 
Administrative headquarters and plant: Str. Prov.le 25 km 2.8, 26900 Lodi – Italy 

Fully paid-up corporate capital: Euro 520,000  
Fiscal Code, VAT Number and Registration Number: MI 02212910158 
REA Number: MI 917513 

 

Hereinafter referred to as ICR spa  

1.2The Web Site belongs to I.C.R. INDUSTRIE COSMETICHE RIUNITE SPA 
that is also the holder of the domain name. 

  1. Identification of the seller; employmentof the trademark and/or patronymic “LabSolue, Marvin, Aqua Adornationis“. 

2.1The products marketed and/or purchased on the Web Site (“Products“) are offered and sold by ICR, as better identified in art. 1.1 (“ICR“). 

2.2ICR is, therefore, the only counterparty of the user who intends to purchase one or more products through the Web Site and is therefore (i) the subject to whom the user addresses his/her order, in order to accept the offer and conclude the sales contract; (ii) the subject who contracts the pre-contractual obligations deriving from the offer towards the user; (iii) the subject who enters into the sales contract with the user, contracting the related obligations and rights. The purchase contract concluded through the Web Site is therefore concluded between the user and ICR. 

2.3On the Web Site and in the communications with customers relating to the Web Site, ICR acts under the sign and/or with the employment of the patronymic LabSolue, Marvin, Aqua Adornationis“. Therefore, when the expression and/or sign LabSolue, Marvin, Aqua Adornationis is used on the Web Site and/or in the communications with customers concerning the Web Site, or the first person plural is used, it has to be understood that it refers also to ICR, more than to the Web Site. 

  1. Scope of the GCS

3.1These General Conditions of Sale (“GCS“) regulate the offer and sale of products through the Web Site by ICR, as well as the provision of the Web Site registration service. 

3.2The GCS are made available to the user via the “General Conditions of Sale” section of the Web Site, which can be reached through the link with the same name on the footer of the Web Site. The user is permitted to store and reproduce them. 

3.3The applicable GCS shall be those in force on the date of transmission of the purchase order. Before proceeding with the transmission of the order and, therefore, with the conclusion of the purchase contract, the user is required to carefully read all the information that ICR provides through the Web Site, both before and during the purchasing procedure, and to examine and approve these GCS, by selecting the relevant box made available to the user during the purchasing procedure and before the conclusion of the relevant contract. 

3.4These GCS may be changed at any time. Any changes and/or new conditions will be in force since their publication on the Web Site in the “General Conditions of Sale” section, which can be reached through the link with the same name on the footer of the Web Site. Users are therefore invited to regularly access the Web Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. 

3.5These General Conditions of Sale do not regulate the sale of products by subjects other than ICR that may be present on the Web Site through links, banners or other hypertextual links. Before carrying out commercial transactions with such subjects it is necessary to verify their terms of sale. ICR is not responsible for the provision of services and/or the sale of products by such subjects. ICR does not carry out any control and/or monitoring on the Web Sites that can be consulted through such links. ICR is therefore not responsible for the contents of such Web Sites nor for any errors and/or omissions and/or violations of the law by them.  

  1. Purchases on theWeb Site 

4.1The offer and sale of products through the Web Site constitute a remote contract regulated by Item I, Title III (Articles 45 and following ones) of Legislative Decree no. 206 of 6th September 2005 (“Consumer Code“) and by Legislative Decree no. 70 of 9th April 2003, containing the regulations on electronic commerce. 

4.2The purchase of products through the Web Site may be made by registering with the Web Site, in accordance with the procedures set out in art. 5 below, and is permitted both to users who are consumers and users who are not consumers, whether natural or legal persons, companies and/or bodies of any kind. Natural persons are allowed to purchase only on condition that they have reached the age of eighteen. Under no circumstances may resellers or wholesalers or, in general, persons who intend to purchase the Products for the purpose of subsequent resale, make purchases on the Site. 

4.3Please remember that, pursuant to art. 3, paragraph I, letter a) of the Consumer Code, natural persons who, in relation to the purchase of products through the Web Site, act for purposes unrelated to the entrepreneurial, commercial, professional or artisan activity possibly carried out, are considered consumers. 

4.4In case of orders – regardless of who makes them – that are anomalous in relation to the quantity of products purchased or the frequency of purchases made or that are made by retailers, wholesalers or in any case for the purpose of subsequent resale, ICR reserves the right to take all necessary actions to stop the irregularities, including the suspension of access to the Web Site, the cancellation of the registration, or the non-acceptance or cancellation of irregular orders. 

4.5  Finally, ICR reserves the right to refuse or cancel orders that come (i) from a user with whom it has a legal dispute; (ii) from a user who has previously violated these GCS and/or the conditions and/or terms of the purchase contract; (ii) from a user who has been involved in a fraud of any kind and, in particular, in frauds relating to credit card payments; (iv) from users who have issued false, incomplete or otherwise inaccurate identification data or who, as part of the procedure referred to in articles 11.3 and 11.4 below, have not promptly sent to ICR the documents requested by it or have sent it invalid documents; (v) by a user who has violated the provisions of art. 5.3 below. 

  1. Registration to theWeb Site 

5.1The registration to the Web Site is free of charge. To register to the Web Site the user shall fill in the appropriate form, entering name, surname, e-mail address, and password. The registration will be confirmed to the user via e-mail. 

5.2By registering on the Web Site, opening therefore a personal account called “My Account” (“Account“), the registered user can, among other things: 

– manage his/her personal data and update them at any time, 

– save and edit the addresses, 

– access all information related to orders. 

5.3Each user can only benefit from one registration to the Web Site. It is therefore forbidden for the user to create more than one account referable to the same person, natural or legal, to companies and/or bodies of any kind, even through the use of data corresponding to the truth. It is also forbidden for the user to enter, for the purposes of registration on the Web Site, personal data of third parties and/or false and/or invented and/or fictional data and/or, in any way, data not corresponding to the truth. In case of violation of such prohibitions, without prejudice to the provisions of art. 4.5 above, ICR reserves the right to close all accounts referable to the same person, both natural and legal, to the same company and/or the same entity. 

5.4The registration credentials (e-mail address and password) allow the user to make purchases on the Web Site and to carry out, among other things, the activities referred to in art. 5.2 above and art. 5.2.bis below. They must, therefore, be kept with extreme care and attention. Moreover, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. The user also undertakes to inform ICR immediately, by contacting it at the contact details specified in Art. 16 below, if he/she suspects or becomes aware of any improper use or disclosure. 

5.5The user ensures that the personal data provided to ICR during the registration procedure and/or during the purchase and/or at any other time, are complete, true and referred to the user and undertakes to hold ICR harmless and indemnified from any damage, indemnification obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the guarantees set forth in this art. 5 and/or to the violation of the rules concerning the registration to the Web Site, the purchase on the Web Site and/or the storage of registration credentials. 

 

  1. Direct informationatthe conclusion of the online contract 

6.1Pursuant to Legislative Decree no. 70 of 9th April 2003, containing provisions on electronic commerce, ICR informs the user that: (I) in order to conclude the contract for the purchase of one or more Products on the Web Site, the user, after logging in or registering on the Web Site, shall fill in an electronic order form and send it to ICR, electronically, following the instructions that will appear from time to time on the Web Site; (II) the contract is concluded at the order transmission, which coincides with the conclusion of the online contract and ICR shall charge the Total Amount Due at the order transmission, which coincides with the conclusion of the online contract(III) before proceeding with the transmission of the order form, the user may identify and correct any data entry errors by following the instructions on the Web Site; (IV) once the order form has been registered, ICR will send the user, at the e-mail address specified, the order confirmation containing: a summary of the general and particular conditions applicable to the contract, the information regarding the essential features of the product purchased, the details of the price, the methods of payment used, the delivery costs, where applicable, and any additional costs, as well as information on the right of withdrawal. The GCS applicable to the order will be attached to the order confirmation, in pdf format, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 13 below; (V) the order form will be filed in the ICR database for the time needed to execute it and, in any case, within the terms provided by the law. The essential elements of the order form will be specified in the order confirmation. The registered user will be able to access his/her order by consulting the “Orders” section of the Account. 

6.2The language available to users for the conclusion of the contract is Italian. The Customer Service can communicate with users in Italian and in English. 

  1. Products availability

All Products are subject to availability. The prices declared valid on our Web Site remain in force as long as the Products are available or as otherwise specified on our website. We will inform you as soon as possible if the Products ordered are not available. 

7.1The Products that can be purchased through the Web Site are the items in the electronic catalogue published on the Site, which can be displayed when placing an order. The Products offered for sale through the Web Site mainly belong to the following product categories: cosmetics, decoration and perfume objects for environments, and similar items 

7.2Each Product is accompanied by an information page illustrating its main characteristics (“Product Sheet“). The Product Sheet will contain information regarding the availability of the Product. The availability of the Products is continuously monitored and updated. However, since the Web Site may be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, being, instead, out of stock or not immediately available and being necessary to wait for the replenishment. 

7.3If the Product is no longer available for the above mentioned reasons or in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law and, in particular, by Item XIV – Title II – Book IV of the Italian Civil Code, ICR shall immediately notify the user by e-mail (“Unavailability Notice E-mail“). The user may therefore immediately terminate the contract, pursuant to and for the purposes of the provisions of Article 61, paragraph IV and V, of the Consumer Code, without prejudice to his/her right to compensation for damages or, alternatively and without prejudice to such right, accept one of the following proposals: 

(i) where a replenishment of the Product is possible, an extension of the delivery terms, with the specification by ICR of the new delivery term for the replenished Product,  

(ii) if a replenishment of the Product is not possible, the cancellation of the order and refund. 

The Unavailability Notice E-mail will also contain an indication of the different options available to the user. The user’s choice must be communicated to ICR by e-mail, to the addresses specified in art. 16 below, within the term agreed with the user from time to time, which, in any case, may not exceed 10 calendar days from the order’s submission.  

7.4  If the user avails him/herself of the right of termination as per art. 61, paragraph IV and V of the Consumer Code or accepts the proposal as per art. 7.3(ii) above or, finally, if the user, having been informed of the unavailability and of the different options of choice, pursuant to art. 7.3 above, does not communicate any choice to ICR within the agreed term, the contract is terminated, without prejudice to the rights attributed to the user by law. ICR, without prejudice to the user’s right to compensation for damages, will refund the total amount, consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order (“Total Amount Due“), if already paid by the user, without undue delay and, in any case, within 15 working days from the submission of the order. The refund of the Total Amount Due, if already paid, will be made as follows: (i) in case of payment by credit card, the refund amount will be credited to the same means of payment used by the user for the purchase; (ii) in case of payment by PayPal, the refund amount will be credited to the user’s PayPal account; 

The termination of the contract and the amount of the refund will be communicated to the user by e-mail. Any delays in crediting may depend on the bank, the credit card type or the means of payment used. Please note, in particular, that the time needed to re-credit the amount to the payment instrument connected to the user’s PayPal account depends exclusively on PayPal and the banking system. 

Once the credit order has been placed in favour of such account, ICR cannot be held responsible for possible delays or omissions in crediting the user with the refund amount to contest which the user must contact PayPal directly. 

7.5In the case of orders involving several Products (“Multiple Order“), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the rights attributed to the user by law, and in particular by Item XIV – Title II  Book IV of the Italian Civil Code, and without prejudice to the application of Articles 7.3 and 7.4 above, if the unavailability concerns all the Products covered by the order – ICR will immediately notify the user by e-mail (“Unavailability Notice E-mail“). The user may therefore immediately terminate the contract, pursuant to and for the effects of the provisions of Article 61, paragraph IV and V, of the Consumer Code, without prejudice to his/her right to compensation for damages or, alternatively and without prejudice to this right, accept one of the following proposals. The termination, for technical reasons, may not refer only to the Product or Products that have become unavailable, but shall concern the whole order. Once the original order has been terminated, if the user still wishes to purchase the available Products referred to in the original order, he/she will send a new order through the Web Site for these Products, which will then be delivered within the delivery date specified for this new order: 

(i) if it is possible to replenish the Products subject of the Multiple Order which have become unavailable, an extension of the delivery terms for all the Products (including those available), with the specification of the new delivery term, 

(ii) if a replenishment of the Products that have become unavailable is not possible, the cancellation of the whole Multiple Order. 

The termination of the purchase contract, for technical reasons, may not refer only to the Product or Products that have become unavailable, but shall concern the whole order. Once the original order has been terminated, if the user still wishes to purchase the available Products referred to in the original order, he/she will send a new order through the Web Site for these Products, which will then be delivered within the delivery date specified for this new order. 

The Unavailability Notice E-mail will also contain a specification of the different options available to the user. The user’s choice must be communicated to ICR by e-mail, to the addresses specified in art. 16 below within the term agreed with the user from time to time, which, in any case, may not exceed 10 calendar days from the submission of the order. The purchase voucher referred to in art. 7.5 above will be recognised even if the user proceeds directly to the termination of the contract, exercising the right attributed to him/her by the law. 

7.6  In the event that the user avails himself of the right of termination as per art. 61, paragraph IV and V of the Consumer Code or accepts the proposal as per art. 7.5 (ii) above or, finally, in the event that the user is informed of the unavailability and the different options of choice, pursuant to art. 7. 5 above, does not communicate any choice to ICR within the agreed term, the purchase contract concerning the Products that have become unavailable will be fully terminated, without prejudice to the rights attributed to the user by law, including the right to compensation for damages, with consequent refund of the Total Amount Due, if already paid, including delivery costs and any other additional cost paid in relation to the order. The Total Amount Due by the user in relation to the terminated Multiple Order, if already paid, will be refunded without undue delay and, in any case, within 15 working days from the submission of the order. The refund of the Total Amount Due, if already paid, will be made in the following manners: (i) in case of payment by credit card, the refund amount will be credited to the same means of payment used by the user for the purchase; (ii) in case of payment by PayPal, the refund amount will be credited to the user’s PayPal account; 

The termination of the contract and the amount of the refund will be communicated to the user by e-mail. Any delays in crediting may depend on the bank, the credit card type or the payment solution used. Please note, in particular, that the time taken to re-credit the amount to the payment instrument connected to the user’s PayPal account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of such account, ICR cannot be held responsible for any delay or omission in crediting the user with the refund amount, to contest which the user must contact PayPal directly. 

7.7The purchase voucher referred to in articles 7.3(ii), 7.4, 7.5(ii), and 7.6 above will be recognised by activating a personalised code which will be sent to the user by e-mail. 

  1. Products information

Each Product is accompanied by a Product Sheet. The images and descriptions on the Web Site reproduce as faithfully as possible the features of the Products. The colours of the Products and their packaging, however, may differ from the actual colours due to the settings of the computer systems or computers used by users to display them. The Product images in the Product Sheet may also differ in size or in relation to possible accessory products. These images must therefore be understood as indicative and with tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user shall be deemed to be valid. 

  1. Prices

Pricing policy  

We have taken great care in preparing the content of this Web Site, in particular to ensure that the details, descriptions and prices specified are correct at the time of publication. However, we will only accept orders if there are no material errors in the description of the Products or their price as advertised on this Web Site. All prices are displayed inclusive of VAT and excluding shipping costs. The total cost of your order is the price of the Products ordered plus VAT at the current rate and the delivery charges determined during the order conclusion process. 

The contract is concluded when the order is submitted, which coincides with the conclusion of the online contract and ICR will debit the Total Amount Due at the submission of the order, which coincides with the conclusion of the online contract. 

The items in your Shopping Bag will always reflect the most recent price displayed on the Product details page of the item. 

9.1All prices of the Products published on the Web Site are expressed in Euro and are inclusive of Value Added Tax. 

9.2ICR reserves the right to change the price of the Products at any time, without prior notice, being understood that the price charged to the user will be the one specified in the order summary and displayed by the user before the order is transmitted and that possible changes (upwards or downwards) subsequent to its transmission will not be taken into account. 

  1. Purchase orders

10.1From the cancellation point of view, the purchase contract is conditioned by the non-payment of the Total Amount Due. In case such payment is not made, the purchase contract shall therefore be considered terminated by right. The user will be immediately notified of such termination and the consequent cancellation of the order: (i) immediately after the transmission of the order, through the Web Site, if the user has chosen to pay with credit card or via PayPal, 

10.2The ownership of the Products will be transferred to the user at the time of shipment, to be understood as the moment when the Product is delivered to the carrier (“Shipment“). The risk of loss or damage to the Products, for reasons not attributable to ICR, instead, is transferred to the user, when the user – or a third party designated by it and different from the carrier – materially takes possession of the Products. Pursuant to the provisions of art. 10.1 above, (i) in case the usehas chosen to pay with the credit card, or via PayPal, the Shipment will be made only upon confirmation of the actual payment by the user of the Total Amount Due. 

10.4In order to submit a purchase order the user shall read and approve these GCS by checking the relevant box that will appear during the purchase process. Failure to accept the GCS will make it impossible to make purchases through the Web Site. 

10.5The registered user may request the issue of a commercial invoice by checking the relevant box during the purchase process and filling in the special form made available to him/her. The commercial invoice, which will therefore be issued only if the user requests it as specified above, will be sent to the user at the e-mail address specified. The information provided by the user through the appropriate form and that the user guarantees to be truthful shall be used for the issuing of the invoice. The user undertakes to indemnify and hold ICR harmless from any damage, obligation to pay compensation and/or sanction that may arise and/or be imposed in the event that such information is incorrect or not true. No change in the invoice will be possible after it has been issued. 

  1. Payment methods

Payment  

Payment can be made in one of the following ways: PayPal, Visa, MasterCard, American Express. The payment will be charged and cancelled from your account when your order is sent. You must confirm that you are the holder of the credit or debit card used. Please note that all holders of credit/debit cards are subject to validity checks and authorisation by the issuers of such cards. If your payment card issuer refuses to authorise or for any reason cannot authorise the payment, we will not be liable for any delay or non-delivery of the Products. We retain legal ownership of all Products until full payment is made by you and received by us and the legal ownership of the Products will be immediately transferred back to us if we reimburse you for any payment for the Products. The risks associated with the Products are transferred to you immediately upon delivery. 

You may choose to pay for orders placed on LabSolue.it (“Web Site“) by credit card or PayPal. If one of these payment instruments is not available, this will be clearly specified on the Web Site, at the latest at the beginning of the purchase procedure. The payment methods that are not available will in any case not be selectable during the check-out phase. The credit cards accepted by the Web Site are specified on the Web Site page. 

Whether you choose to pay by credit card or PayPal, the amount of your order will be charged when the order is placed, which coincides with the conclusion of the online contract. 

You can request an invoice during the purchase process, when you check your delivery and billing addresses. 

VAT and any other applicable taxes are already included in the price of all products on the Web Site and in the Shopping Bag. 

11.1The payment for Products purchased through the Web Site can be made as described in the following paragraphs. If one of these methods cannot be used in relation to a specific Product, this will be clearly specified on the Web Site, at the latest at the beginning of the purchase procedure. The payment methods that are not available will not be selectable by the user during the check-out phase. 

  1. A)Payment by credit card

11.2The payment for the Products purchased on the Web Site can be made by credit card, directly through the Web Site. The credit cards accepted are specified on the Web Site page. ICR will debit the Total Amount Due at the order submission, which coincides with the conclusion of the online contract. In case of payment by credit card, by checking the box “Fast paymentSave your card data in a safe way so that you do not have to enter them again in the future” present in the “Payments” page of the purchase process, the user authorises the payment manager to save the credit card data entered and to reuse them for the payment of subsequent purchases through the Web Site, thus avoiding having to enter such data at each purchase. The user may, at any time, revoke the authorisation to store such data and reuse it for subsequent purchases by clicking on the “Remove card or change card” link. 

11.3In order to ensure the security of the payments made on the Web Site and to prevent possible frauds, ICR reserves the right to ask the user, by e-mail, to send, by the same means, a double-sided copy of his/her identity card and, if the holder of the order is different from the holder of the credit card, this latter’s identity card. The document must be valid. The request e-mail will specify the deadline by which the document must reach ICR. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline. 

11.4In case ICR does not receive such documents within the term specified in the request e-mail or receives expired or invalid documents, the contract shall be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order consequently cancelled, without prejudice to ICR’s right to compensation for any damages incurred due to the non-compliant behaviour of the user. The termination of the contract, that will be notified to the user by e-mail, within and no later than 5 working days from the expiry of the deadline for sending the documents requested by LabSolue, shall result in the cancellation of the order, with consequent refund of the Total Amount Due and the application, as far as compatible, of art. 7.4 above. The deadline for reimbursement shall commence from the termination of the order. 

11.5In case of receipt by ICR of valid documentation within the term specified in the e-mail referred to in art. 11.3 above, the delivery terms applicable to the order shall start from the date of its receipt. 

  1. B)Payment byPayPal 

11.6The payment of the Products purchased through the Web Site can be made with PayPal. If the user chooses PayPal as the payment method, he/she will be redirected to the website www.paypal.com, where he/she will pay for the Products according to the procedure provided for and regulated by PayPal and the terms and conditions of contract agreed between the user and PayPal. The data entered on the PayPal website shall be processed directly by it and shall not be transmitted or shared with LabSolueLabSolue is therefore not able to know and does not store in any way the data of the credit card connected to the user’s PayPal account or the data of any other payment instrument connected to such account. 

11.7In case of payment by PayPal, the Total Amount Due will be charged by PayPal to the user when the order is submitted, which coincides with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for whatever reason, the refund amount due to the user will be credited to his/her PayPal account. The crediting time to the payment instrument connected to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favour of such account, ICR shall not be held liable for any delay or omission in crediting the refund amount to the user, to contest which the user shall contact PayPal directly. 

  1. ProductsDelivery 

Deliveries can be made in: 

– Austria 

– Belgium 

– Bulgaria 

– Croatia 

– Denmark 

– Estonia 

– Finland 

– France 

– Germany 

– Greece 

– Ireland 

– Italy 

– Latvia 

– Lithuania 

– Luxembourg 

– Netherlands 

– Poland 

– Portugal 

– United Kingdom – UK 

– Czech Republic 

– Romania 

– Slovakia 

– Slovenia  

– Spain 

– Sweden 

– Hungary 

If you have questions about delivery outside these countries, we suggest you to send an email to our customer service department at info@labsolue.it 

We will make deliveries in accordance with the delivery option selected by you. When we speak of ‘working days’ Saturdays, Sundays, and public holidays are excluded. Upon delivery of the Products, we will provide you with sufficient information to enable you to exercise your legal right to cancel and to direct any intended cancellation to the correct recipient or to return your Products. For further information please refer to the returns and cancellation rights sections of these terms and conditions. 

When offered, free delivery only applies to Standard delivery; the next day, express and international delivery options are excluded from this offer. We will do our best to deliver all orders within 3-8 working days from the day of the Contract. 

The shipment hato be paid by the user. 

The cost of shipping: Italy standard: 15 Euros, Italian Islands: 25 Euros, Europe: 20 Euros, England and Northern Europe: 25 Euros. Shipping is free for orders exceeding 100€ delivered to Italy. 

The Products are delivered to the address specified by the user in the order form according to the schedule specified below: 

Order preparation time: 1-2 working days 

Transport time: 

  • Main locations: 1-2 working days  
  • Secondary locations: 2-3 working days  
  • Disadvantaged locations: 4-5 working days  

Overall time: 2-7 working days  

The term “main locations” refers to provincial capitals and large towns; the term “secondary locations” refers to small and medium-sized towns; the term “disadvantaged locations” refers to very small towns, mountain and remote areas. 

The delivery terms specified shall commence on the working day after the order is placed, unless otherwise stated. The delivery time of the specific order will also be specified before the order is submitted and in the order confirmation. 

The carriers used by ICR are: BRT (Corriere Bartolini), TNT and DHL. 

Shipment to Domicile meandelivery on the street level, unless otherwise stated in the Product Sheet. Shipping to Domicile will be carried out from Monday to Friday during the normal working hours (from 9 a.m. to 6 p.m.), excluding national holidays. 

In case of non-delivery due to your absence to the address specified in the order form, the carrier will leave you a passage notice containing the number to contact it (“Passage Notice“). The carrier will then make a second delivery attempt the following day, or you will need to contact it to arrange an alternative delivery date, depending on the instructions on the Passage Notice. 

If this attempt is also unsuccessful or if you do not contact the carrier, the parcel will be held “in stock” at the carrier. The carrier will then inform LabSolue that the package is in stock and LabSolue will contact you through the Customer Service in order to provide you with all the information necessary to collect the package at the carrier‘s branch. 

In case you do not collect the goods from the carrier’s branch within 5 days from the delivery of the Passage Notice, the purchase contract shall be deemed to be terminated by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code with consequent reimbursement, within 15 working days from the termination of the contract, of the Total Amount Due, after deduction of the unsuccessful delivery costs, the storage costs, the expenses for the return to LabSolue and any other expenses incurred due to the non-delivery due to your absence. 

The delivery procedure, the terms of  handling in case of non-delivery due to the absence of the recipient and the consequences of the non-collection within the agreed terms and the return to the sender due to non-delivery will be reminded in the Shipment Confirmation E-mail. 

12.1The delivery of the Products is made only in the territories described in the Web Site. 

12.2The Products will be delivered to the shipping address specified by the user in the order form. Given the delivery limitations set forth in art. 12.1 above, the user is required to enter a shipping address in the order form that is located in the areas covered by the delivery service. 

12.3At the time of Shipment the user will receive an e-mail confirming that the Products have been delivered to the carrier (“Shipment Confirmation E-mail“). ICR reserves the right to modify the costs of the Shipping to Domicile, also, if necessary, providing for free costs, at any time, without prior notice, it being understood that the costs of Shipping tDomicile applied to the user will be the ones specified in the order summary, before the user is bound by the contract, and that no account will be taken of any changes, upwards or downwards, subsequent to its submission. 

12.4The Shipment to Domicile is subject to payment. The costs of the Shipping to Domicile are to be paid by the user, unless otherwise specified in the Product Sheet or in other parts of the Web Site. The specific amount of the Shipping to Domicile due by the user in relation to a specific order shall be expressly and separately specified (in Euros and including VAT) in the order summary and, in any case, before the user submits it, as well as in the order confirmation e-mail. 

12.5In case of partial withdrawal from Multiple Orders and/or partial termination, for whatever reason, of the purchase contract relating to Multiple Orders, the costs of the Shipping to Domicile will not be refunded, since, as specified in art. 12.4 above, their amount does not depend either on the number of Products ordered or on their weight. In case of partial withdrawal from Multiple Orders and/or partial termination of Multiple Orders, for reasons not attributable to ICR, if – as a result of the withdrawal or partial termination – the Total Amount Due should fall below the threshold that allowed the user to take advantage of free shipping, the shipping costs – as resulting from the page “Deliveries and limitations”, accessible through the link with the same name in the footer of the Web Site and in the Product Sheet – will be charged to the user and, consequently, subtracted from the refund amount. 

12.6Shipment to Domicile means delivery on the street level. Shipping to Domicile will be carried out from Monday to Friday during the normal working hours (from 9 a.m. to 6 p.m.), excluding national holidays. 

12.7The user acknowledges that the collection of the Product is his/her precise obligation under the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order form, the carrier will leave the recipient a Passage Notice containing the number to contact it (“Passage Notice“). The carrier will then make a second delivery attempt the following day or will have to be contacted by the user to agree an alternative delivery date, depending on the instructions on the Passage Notice. If this attempt is also unsuccessful or if the user does not contact the carrier, the parcel will be held “in stock” at the carrier. The carrier will then communicate the stock to ICR which, through the Customer Service, will contact the user in order to provide him/her with all the information necessary to collect the parcel at the carrier’s branch. If the user does not collect the goods from the carrier’s branch within 5 days from the delivery of the Passage Notice, the purchase contract will be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code, with consequent reimbursement, within 15 working days from the termination of the contract, with the methods described in art. 7.4 above, of the Total Amount Due, if already paid, after deduction of the unsuccessful delivery costs, the storage costs, the costs of the return to ICR and any other possible expenses incurred due to the non-delivery due to the absence of the recipient. The delivery procedure, the terms for the handling in case of non-delivery due to absence of the recipient and the consequences of non-collection within the agreed terms and return to the sender due to non-delivery will be reminded to the user in the Shipment Confirmation E-mail. 

12.8In the case of Multiple Orders concerning Products that have to be delivered separately, the procedure set forth in art. 12.7 above will be autonomously applied to each delivery, with the consequence that the non-collection of the Product within the term specified in that article will not result in the termination of the entire contract, but in the partial termination of it with reference only to the Product not collected. Consequently, the amount that will be refunded to the user, if already paid, will not be the Total Amount Due but only the amount due in relation to the Product not collected, less the costs of unsuccessful delivery, calculated as provided for in art. 12.5 above, the storage costs, the costs of return to ICR and any other possible expenses incurred due to the non-delivery caused by the absence of the recipient. 

12.9During the purchase process, before the user submits the order, the terms within which ICR undertakes to deliver the Products subject of the user’s order will be specifiedwhich take into account not only the area and the delivery method, but also the possibility that the user may purchase several Products with the same order. The delivery terms start from the working day following the conclusion of the contract (i.e. the submission of the order), unless otherwise specified. The delivery date of the specific order will also be specified in the order confirmation. In case of omitted specification of the delivery term, it will, in any case, take place within thirty days from the day following the conclusion of the contract. The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. 

12.10In case the purchased Product is not delivered or is delivered late as to the delivery terms specified during the purchasing process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites ICR to carry out the delivery within an additional term appropriate to the circumstances (“Additional term pursuant to art. 61, paragraph III, of the Consumer Code“). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to Article 61, paragraph III, of the Consumer Code“), without prejudice to the right to compensation for damages. The user is not burdened with the burden of granting ICR the Supplementary Term pursuant to Article 61, paragraph III, of the Consumer Code (“Excluded Cases“) if: a) ICR has expressly refused to deliver the Products; b) the compliance with the delivery term specified during the purchasing process and in the order confirmation have to be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user has informed ICR, prior to the conclusion of the contract, that the delivery by or on a specific date is essential. 

In the Excluded Cases, if the user doesn’t receive the Products within the delivery period specified during the purchasing process and in the order confirmation, he/she is entitled to terminate the contract immediately, without prejudice to the right to compensation for damages (“Termination of Contract in the Excluded Cases“). 

The specification of the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code and the notice of Contract Termination pursuant to art. 61, paragraph III, of the Consumer Code or the Contract Termination in the Excluded Cases shall be communicated by the user to ICR at the addresses specified in art. 16 below. 

In case of termination of the Contract pursuant to Article 61, paragraph III, of the Consumer Code or termination in the Excluded Cases, ICR will refund to the user the Total Amount Due, if already paid, without undue delay, according to the procedures set forth in Article 7.4 above. The term for the refund starts from the termination of the contract. 

12.11In any case, ICR undertakes to inform the user, promptly and by e-mail, of the delay in delivery (“Delay Notice“), specifying at the same time the new delivery term, if available (“New Delivery Term“). In case the user does not set the Additional Term pursuant to art. 61, paragraph III, Consumer Code or – if the conditions are met – the termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or the termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail him/herself at any time of such remedies and/or of the ordinary means of protection provided by law and in particular by Item XIV  Title II – Book IV of the Civil Code, ICR undertakes to: (i) in case of delivery with a delay between 1 and 3 working days as to the New Delivery Term: refund the user the costs of the Shipping to Domicile; (ii) in case of delivery with a delay between 4 and 10 working days as to the New Delivery Term, allow the user to refuse the delivery and to terminate the contract, with consequenreimbursement – with the methods specified in the art. 7.4 above – of the Total Amount Due if already paid (such refund will be made immediately or in any case, within 10 working days from the request for termination of the contract) or, alternatively – if the user does not wish to terminate the contract – to reimburse him/her the costs of Shipping to Domicile, as well as recognizing – regardless of the user’s choice – a purchase voucher of Euro 5; (iii) in case the delay in delivery exceeds 10 working days as to the New Delivery Term or 20 days as to the original delivery term, offer the user, in addition to the provisions of this article, point (ii) above, the possibility of accepting the supply of a different Product of equivalent or higher value, upon payment of the difference (in the latter case) and subject to express consent, recognizing to the user, in any case, a purchase voucher of Euro 10.00. 

12.11 bisIn the cases referred to in Articles 12.11 (i), 12.11 (ii) and 12.11 (iii), in case of refund of the costs of Shipping to Domicile, such expenses shall be reimbursed as follows: (i) in case of payment by credit card, with credit to the same payment instrument used for the purchase; (ii) in case of payment by PayPal, with credit to the user’s PayPal account. 

12.12The user is responsible for checking the conditions of the Product delivered to him/her. Without prejudice to the fact that the risk of loss or damage to the Products for reasons not attributable to ICR is transferred to the user, when the user, or a third party designated by it and different from the carrier, materially comes into possession of the Products, the user is advised to check the number of Products received and whether the packaging is intact, damaged, wet or otherwise altered, even in the sealing materials (adhesive tape) and the user is invited, in his/her interest, to specify any anomalies on the carrier’s transport document accepting the package conditionally. The unconditional receipt of the Products, in fact, does not allow the user to take legal action against the carrier, in the event of loss or damage of the Products, except in the case where the loss or damage is due to intent or gross negligence by the carrier and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the packaging shows obvious signs of tampering or alteration, it is also recommended that the user gives prompt notice to the Customer Service. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged. 

  1. Right of withdrawal

Cancellation rights 

Being a consumer, you have the legitimate right to withdraw from the Contract within 30 days from the date of delivery of the Products. This means that, during that period, if you change your mind or decide for any other reason that you do not wish to keep a Product, you may notify us your decision to cancel the Contract and receive a refund. Your right to return the Products applies to the Products on sale. 

1 – Your right to return Products does not apply to Products (i) made to your specifications; or (ii) which have been clearly customized or (iii) which, by their nature, cannot be returned or are liable to deteriorate or expire quickly or (iv) which have been supplied sealed and, therefore, they are not suitable for return due to the protection of health or hygiene if they lose their sealing after delivery. 

2 – To cancel a contract, you only need to let us know that you have decided to cancel it. The easiest way to do this is sending us an e-mail to ecommerce.labsolue@icrcosmetics.com.  

If you send us an email or write to us, please include the details of your order to help us identify it. If you send us notice of cancellation by email or post, the cancellation will be effective starting from the date when you sent us the email or letter. 

3 – If you cancel the Contract within 30 days from the date of delivery of the Products: 

a/ You have to return the items to us without undue delay (in the original product packaging and unopened) and in any case no later than 14 days from the day you informed us that you wish to cancel the Contract. 

b/ Products must be returned to the following ICR address. 

c/ Customers wishing to return fragrance Products should take into account any labelling and packaging guidelines defined by the National Postal Service or any other carrier used. 

d/ If you send them back by post, we recommend that you obtain proof of shipment as we are not responsible for items lost during shipment. 

e/ We will refund the price paid for the Products, although, as permitted by law, please note that we may reduce the refund to reflect any reduction in the value of the Products if this was caused by your inappropriate treatment of them. 

f/ In accordance with our Refund Policy, we will refund the shipping costs you incurred. 

g/ We will make any refund due to you as soon as possible and in anyway within 14 days from the receipt of the notice of cancellation of the Contract. We will refund you to the credit or debit card used by you to pay. 

g/ If you cancel your order but do not send the Products back within 14 working days from the notification of cancellation, we will be entitled to suspend the payment of any refund. 

13.1Pursuant to articles 52 and following ones of the Consumer Code, the user who is also a consumer can withdraw from the purchase contract of the Product without having to provide any reasons and without incurring costs other than those provided for in articles 13.6 and 13.9 below, within the term of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days: 

  1. a)in case of an order relating to only one Product, from the dayon which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; 
  2. b)in case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the lastProduct; 
  3. c)in case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

Please note that if the order is for a kit of pieces (“Kit“) or a box containing several pieces (“Box“), the Product is made up of the Kit and/or the Box as a whole, as the packaging of the Kit or Box contains information required by law, such as the lot number and INCI (INCI means “International Nomenclature of Cosmetic Ingredients“, i.e. the specification of the ingredients of the product). As a consequencethe right of withdrawal can only be exercised with reference to the whole Kit and/or Box and not in relation to individual pieces contained in it.  

13.2To exercise the right of withdrawal, the user must inform ICR, before the expiry of the Withdrawal Period, of his/her decision to withdraw. For this purpose, the user must issue a Declaration of Withdrawal and send it to the following e-mail address: ecommerce.labsolue@icrcosmetics.com or at the address: 

ICR S.p.A. 

Strada Prov.le 25 – Km 2.8 

26900 – Lodi – Italy 

  1. A.Customer Service

13.3The user has exercised his/her right of withdrawal within the Withdrawal Period, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the Withdrawal Period. If the user makes use of the Withdrawal Notice, he/she shall specify in the Withdrawal Notice the order number, the Product(s) for which he/she wishes to exercise the right of withdrawal and the address. Please note that, since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user, it is in the user’s interest to use a durable medium when notifying ICR of his/her withdrawal. 

13.4The user shall return the Products to ICR, using a carrier of his/her choice and at his/her own expense, without undue delay and in any case within 14 calendar days from the date on which he/she has notified ICR of the decision to withdraw (“Return Term“). The Return Term is respected if the user returns the Products before the expiry of the fourteen-day period. The Product, suitably protected and packed and in its original packaging (given the type of Product, the original packaging is an integral part of it, as it bears the INCI specification of the Product), must be returned to the following address: 

ICR S.p.A. 

Strada Prov.le 25 – Km 2.8 

26900 – Lodi – Italy 

  1. A.Returns Office

The direct costs of returning the Products shall be borne by the user, as well as the responsibility for their transport. The return of the Products is at the user’s responsibility and expense. The user is kindly requested to specify on the outside of the parcel with which the return is made the number of the order for which he/she is exercising the right of withdrawal, for the purpose of a more efficient handling of the case. 

13.5If the user withdraws from the contract, ICR refunds the Total Amount Due, including the delivery costs if applicable, or – in case of partial withdrawal from Multiple Orders – the Partial Amount Due, excluding the delivery costs, if applicable, as specified in the article 12.5 above, and excluding, in any case, the Additional Cost per Cash on Delivery, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which ICR has been informed of the user’s decision to withdraw from the contract. Unless the user has expressly agreed otherwise, (i) in case of payment by credit card, the refund amount will be credited to the same means of payment used by the user for the purchase; (ii) in case of payment by PayPal, the refund amount will be credited to the user’s PayPal account; 

ICR may suspend the refund until receipt of the Products subject to withdrawal or until the user has provided proof of having sent back such products, whichever is earlier. 

13.6The user is solely responsible for the decrease in value of the goods resulting from handling the Product other than that necessary to establish its nature, characteristics, and functioning. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete of all its parts, fully functional, accompanied by its packaging (which is an integral part of the Productas it bears the INCI specification of the Productand all possible accessories, leaflets, identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of any signs of wear or dirt. The withdrawal, moreover, is applied to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product, without prejudice to the provisions of art. 13.1 above as to Kits and Boxes. 

13.7In case the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount may be reduced by an amount equal to such decrease in value. LabSolue shall inform the user of the circumstance and of the consequent reduction of the refund amount within 5 working days from the receipt of the Product, providing the user, if the refund has already been paid, with the bank details for the payment of the amount due by the user as a consequence of to the reduction in value of the Product. Without prejudice to the hypotheses provided for by art. 13.11 below and in general by art. 59 of the Consumer Code (where the right of withdrawal does not apply and/or ceases to apply when certain circumstances occur, and, therefore, no refund is due to the user), in the – different – cases in which the right of withdrawal applies, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is presumed that the Product – that can no longer be put up for sale – has suffered a reduction in value of 50% and, consequently, the refund amount will be reduced by 50%; without prejudice to LabSolue’s right to deduct a higher amount from the refund, in the event that the reduction in value suffered by the Product is more than 50%as a result of incorrect handling thereof. Pursuant to art. 13.1 above, in case the withdrawal concerns Boxes and/or Kits – since the Product consists of the Kit or the Box as a whole – if even one of the pieces inside the Box and/or the Kit is open, the 50% minimum value reduction will be applied to the entire Box and/or Kit. 

13.8If the withdrawal has not been exercised in accordance with the applicable legislation, it will not result in the termination of the contract and, consequently, will not give rise to any refund. LabSolue shall inform the user within 5 working days from the receipt of the Product, rejecting the withdrawal request. The Product shall remain at LabSolue’s seat where the user can collect itat his/her expense and responsibility. 

13.9The user is reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, with regard to contracts entered into through the Web Site, in relation to the supply of (i) goods made to measure or clearly personalized; (ii) goods that risk deterioration or expiration rapidly; (iii) sealed goods that cannot be returned for hygienic or health protection reasons and are open after delivery (e.g. creams, sunscreen and cosmetic products in general, perfumes). The supply of a cosmetic product is considered open if the package containing it is open. The supply of a perfume is considered open if the cap of the bottle containing the perfume is removed. The supply of a cream, sunscreen or any other cosmetic product is considered open if the package containing it is open. 

13.10In the event that, in one of the cases of law, the right of withdrawal does not apply, an express and specific notice of this exclusion will be given in the Product Sheet and/or, in any case, during the purchase process, before the user proceeds to submit the order. 

  1. 14.Customer service and complaints

14.1You may request information, send communications, or make complaints by contacting the customer service (“Customer Service“) in the following ways: 

– by e-mail, to the e-mail address of ICR; 

– by post, writing to 

ICR S.p.A. 

Strada Prov.le 25 – Km 2.8 

26900 – Lodi – Italy 

K.A. Costumer Service 

– by phone, at the number 0371 400 1; 

14.2ICR will answer by e-mail or post within a maximum of 5 working days from the receipt of the request. 

  1. 15.Applicable law and court of jurisdiction

15.1The purchase contract entered into through the Web Site is regulated by the Italian law. 

15.2This is without prejudice to the application to consumer users who do not have their usual residence in Italy of more favourable and mandatory provisions provided for by the law of the country in which they have their usual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the procedures and formalities for communicating it and the legal guarantee of conformity. 

15.3Please note that in case of a consumer user, for any dispute as to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile shall have jurisdiction. 

  1. 16.LegalWarranty 

16.1.All products sold on the Web Site are covered by the legal warranty of conformity provided for by articles 128-135 of the Consumer Code (“Legal Warranty“). 

16.2To whom does it apply 

The Legal Warranty is reserved for consumers. It therefore applies only to users who have made a purchase on the Web Site for purposes unrelated to any business, commercial, artisan or professional activity that may be carried out. To those who have purchased on the Web Site and who do not qualify as consumers, the guarantees for defects in the sold goods, the guarantee for defects in promised and essential qualities, and the other guarantees provided by the Civil Code with the relevant terms, decays and limitations shall apply. 

16.3When does it apply 

The seller (and, therefore, with regard to purchases made on LabSolue Web Site, ICR S.p.A., with registered office in 20144 Milan, via Tortona 15,) is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of decay of the warranty, within two months from the date on which it was discovered. 

Unless proven otherwise, it is presumed that lacks of conformity which become apparent within six months from the delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or of the lack of conformity. From the seventh month after the delivery of the product, it will be the consumer’s responsibility to prove that the lack of conformity already existed at the moment of the delivery. 

In order to benefit from the Legal Warranty, the user must therefore first of all provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to keep the order confirmation e-mail or the purchase invoice, if required, the transport document or any other document that can attest the date of purchase (for example the credit card statement or bank statement) and delivery. 

 

 

16.4Whats a lack of conformity 

There is a lack of conformity when the purchased item: 

  1. is not suitable for the use for which goods of the same type are usuallyused; 
  2. does notcomply with the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model; 
  3. does not have the usual qualities and performance of an itemof the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labelling; 
  4. is not suitable for the particular use desired by the consumer and that has been brought to the knowledge of the seller at the time of the conclusion of the contract and that the seller has also accepted for conclusive facts.

Any failures or malfunctions caused by accidental events, by the user’s responsibility or by use of the product not in accordance with its intended use and/or with the technical documentation attached to the product are therefore excluded from the scope of application of the Legal Warranty. 

In any case, there is no lack of conformity if, at the conclusion of the contract, the consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials supplied by the consumer. 

16.5Remedies available to the user 

After notification of the lack of conformity, the seller may offer the consumer any other available remedy, with the following effects: 

  1. a)if the consumer has already requested a specific remedy, the selleris obliged to implement it, with the necessary consequences as to the commencement of the appropriate period of repair or replacement, unless the consumer accepts the alternative remedy proposed; 
  2. b) where the consumer has not already requested a specific remedy, the consumer must accept the offer or reject it by choosing another remedy under this paragraph.

In case of a lack of conformity duly reported within the terms, the user has the right of receiving:  

– first of all, the repair or replacement of the goods, free of charge, at his/her choice, unless the remedy requested is objectively impossible or excessively expensive compared to the other; 

– in a secondary way (i.e. if the repair or replacement is impossible or excessively expensive or if the repair or replacement have not been carried out within a reasonable period of time from the request, taking into account the nature of the goods and the purpose for which the consumer has purchased them, or if the repair or replacement previously carried out has caused significant inconvenience to the consumer) the reduction of the price or the termination of the contract, at his/her choice. In determining the amount of the reduction or the sum to be returned, the employment of the goods shall be taken into account. 

The remedy required is excessively onerous if it imposes unreasonable costs on the seller compared to alternative remedies that can be exercised, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) whether the alternative remedy can be exercised without significant inconveniences to the consumer. 

16.6What to do in case of lack of conformity / how to report the lack of conformity  

In the event that a product purchased on the Web Site, during the period of validity of the Legal Warranty, reveals what could be a lack of conformity, please contact the Customer Service at the following addresses:  

  • by e-mail, to the e-mail address of ICR; 
  • by mail, writing to ICR S.p.A. – Strada Prov.le 25 – Km 2.8 26900 – Lodi – Italy, K. A. Customer Service; 
  • by phone, calling the number 0371 400 1. 

In all cases, prompt answer will be given to the notification of the alleged lack of conformity and you will be informed of the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect. 

16.7LabSolue, ICR reserves the right to ask the user to attach to the Legal Warranty request the order confirmation e-mail or other documents proving the date of purchase and the delivery date. 

  1. 17.Personal Data Processing 

ICR will proceed with the processing of your personal data pursuant to the data protection regulations as specified in detail in the information notice issued at the registration and purchase.