Contents 24
General Terms and Conditions of Sale
Last updated: 26 September 2026
Article 1 — Information about the Seller
1.1. This e-commerce site (hereinafter, the “Site”) is owned by:
| Business name | Piacersi |
| Owner | Fratangelo Pina (sole proprietorship) |
| Registered office | Viale XXIV Maggio 140 — 86100 Campobasso (CB), Italy |
| VAT number / Tax Code | 01541480701 |
| Register of Companies | Campobasso, no. 01541480701 |
| REA number | CB — 116567 |
| info@piacersi.shop | |
| Telephone | 0874698703 |
hereinafter, the “Seller” or “Piacersi”.
1.2. The information in this article is provided in compliance with the obligations laid down by Art. 2250 of the Codice Civile (Italian Civil Code), Art. 7 of Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on electronic commerce) and, for purchases made by consumers, Arts. 49 and 51 of Legislative Decree no. 206 of 6 September 2005 (Codice del Consumo – Italian Consumer Code).
1.3. The Site is built on the Shopify e-commerce platform. The Seller remains the sole party responsible for the contractual relationship with the Customer; the platform provider does not assume any capacity as a contracting party.
Article 2 — Definitions
For the purposes of these General Terms and Conditions of Sale, the terms below have the meaning attributed to them in this article:
- “Terms”: these General Terms and Conditions of Sale.
- “Customer”: either the Consumer or the Business Customer placing an Order on the Site.
- “Consumer” (or “B2C Customer”): the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry on, pursuant to Art. 3(1)(a) of the Consumer Code.
- “Business Customer” (or “B2B Customer”): the natural or legal person acting in the course of their own entrepreneurial, commercial, craft or professional activity, including hair salons, barber shops, beauty centres, resellers and self-employed professionals in the sector, holding a VAT number and declaring such capacity at the time of registration or of the Order.
- “Products”: the goods offered for sale on the Site, consisting of cosmetics, trichological products, products for the care and treatment of hair and scalp, and professional equipment and accessories for hairdressers and barbers.
- “Order”: the contractual purchase proposal made by the Customer through the online procedure described in Article 6.
- “Order Confirmation”: the communication by which the Seller accepts the Order, thereby concluding the contract.
- “Contract”: the sale agreement concluded between the Seller and the Customer in the manner set out in Article 6.
Article 3 — Subject matter and scope
3.1. These Terms govern the offer, submission and acceptance of Orders for the purchase of Products on the Site, and form an integral and essential part of every distance Contract concluded between the Seller and the Customer.
3.2. The Terms do not govern the supply of services or the sale of products by parties other than the Seller that may be present on the Site through links, banners or other hyperlinks. Before submitting orders or concluding contracts with such parties, the Customer is advised to check their terms of sale.
3.3. The Seller reserves the right to amend these Terms at any time. The Terms applicable to each Contract are those published on the Site at the time the Order is submitted by the Customer; subsequent amendments have no effect on Contracts already concluded.
3.4. The Customer is advised to save or print a copy of the Terms in force at the time of the Order. The Terms can be consulted, saved and printed from the Site at any time; the Order Confirmation is sent to the Customer by e-mail, on a durable medium pursuant to Art. 51(7) of the Consumer Code.
Article 4 — Distinction between B2C sales and B2B sales
4.1. The Site deals with two distinct categories of Customers, to which different legal regimes apply. The Customer is required to declare their capacity at the time of account registration or, failing that, at the time of the Order.
4.2. Sales to Consumers (B2C). Contracts concluded with Consumers are fully subject to the provisions of the Consumer Code (Legislative Decree 206/2005) on distance contracts, with particular reference to information obligations (Arts. 49 et seq.), the right of withdrawal (Arts. 52 et seq.) and the legal guarantee of conformity (Arts. 128 et seq.), as well as to the rules of the Civil Code insofar as compatible.
4.3. Sales to Business Customers (B2B). Contracts concluded with Business Customers are subject exclusively to the provisions of the Civil Code on sales (Arts. 1470 et seq.) and to these Terms. The protections provided for by the Consumer Code do not apply to the Business Customer, including, by way of example and without limitation, the right of withdrawal under Arts. 52 et seq. and the legal guarantee of conformity under Arts. 128 et seq. of that Code.
4.4. Requesting an invoice made out to a VAT-registered entity, or joining the partner programme, constitutes a declaration of acting as a Business Customer and entails the application of the regime set out in paragraph 4.3 above.
4.5. A Customer who falsely declares their capacity is liable for the resulting damage. The Seller reserves every action to protect its rights, without prejudice to its right to refuse or cancel the Order pursuant to Article 7.
4.6. Products for professional use. Certain Products, by reason of their composition, concentration or intended use (for example: bleaches, developers, powder colourants, perming and straightening products, professional electrical equipment), are formulated for use by qualified operators in the sector. A Customer who buys them undertakes to read and follow the instructions and warnings given by the manufacturer on the packaging, including the sensitivity test where required. The Seller reserves the right not to accept Orders for such Products, pursuant to Article 7.
Article 5 — Products, prices and pricing errors
5.1. Product characteristics. The essential characteristics of the Products are illustrated in each product page. The images and colours of the Products published on the Site are for illustrative purposes and may not be perfectly representative of the actual characteristics, differing in colour, size or rendering due to the settings and IT tools used by the Customer for viewing. In all cases, the information shown on the Product packaging and on the label affixed by the manufacturer pursuant to Regulation (EC) No 1223/2009 on cosmetic products shall prevail.
5.2. B2C prices. Prices shown to Consumers are expressed in Euro (€) and are inclusive of the applicable Value Added Tax and of every other tax. Prices do not include shipping and delivery costs, which are indicated separately and made known to the Customer before the Order is submitted, in accordance with Art. 49(1)(e) of the Consumer Code.
5.3. B2B prices. Where the Site provides a reserved area or a dedicated price list for Business Customers, the prices shown there may be stated exclusive of Value Added Tax; in that case the exclusion is expressly indicated on screen and the tax, calculated at the statutory rate, is added and shown in the Order summary before the Contract is concluded. Business Customers may be offered differentiated price lists, discounts and economic terms, which cannot be combined with promotions intended for Consumers unless otherwise specifically indicated.
5.4. Price changes. The Seller reserves the right to change the prices of the Products at any time. Changes have no effect on Orders for which the Order Confirmation has already been sent.
5.5. Obstructive error and manifestly incorrect price. If, owing to a clerical, typing or conversion error, an IT system configuration error or in any event a cause not attributable to wilful misconduct of the Seller, the price of a Product is shown on the Site at a manifestly incorrect level — namely where it is plainly and significantly lower or higher than the market value of that Product, or is such as to be recognisable as incorrect by exercising ordinary diligence — the Seller shall be entitled to cancel the Order, promptly notifying the Customer in writing and refunding in full any amount already paid, no later than 14 (fourteen) days from the notification, without the Customer being entitled to make any further claim for damages or compensation.
5.6. The right under the preceding paragraph constitutes an application of the rules on essential and recognisable error under Arts. 1428, 1429, 1430 and 1431 of the Civil Code, as a ground for voidability of the contract. The Seller retains the right, as an alternative to cancellation, to offer the Customer confirmation of the Order at the correct price, which the Customer shall be free to accept or refuse at no charge.
5.7. Availability. All Products are sold subject to stock availability. The availability indications published on the Site do not constitute a binding commitment to deliver, since, owing to simultaneous access by several users, the same Product may be sold to third parties before the systems are updated.
Article 6 — Conclusion of the Contract
6.1. The publication of the Products on the Site constitutes an invitation to make an offer and not an offer to the public pursuant to Art. 1336 of the Civil Code.
6.2. The Order submitted by the Customer through the Site's online procedure constitutes a contractual proposal pursuant to Art. 1326 of the Civil Code, binding on the Customer pursuant to and for the purposes of Art. 1329 of the Civil Code within the limits of these Terms.
6.3. Before submitting the Order, the Customer is shown a summary page containing the Customer's identification data, the selected Products with their unit prices, quantities, shipping costs and any additional charges, the delivery address, the payment methods and the total price. The Customer is enabled to identify and correct any data entry errors, in accordance with Art. 13 of Legislative Decree 70/2003.
6.4. The Order is submitted by activating the relevant button bearing the words “Order with obligation to pay” or an equivalent and unambiguous wording, pursuant to Art. 51(2) of the Consumer Code. Activating that button entails the obligation to pay the price and implies full acceptance of these Terms.
6.5. Following submission of the Order, the Seller sends the Customer, at the e-mail address provided, an acknowledgement of receipt of the Order. That communication is merely informative and acknowledges receipt of the proposal: it does not constitute acceptance of the contractual proposal.
6.6. The Contract is deemed concluded, and becomes binding on the parties, when the Customer receives the Order Confirmation at the e-mail address provided, by which the Seller expressly communicates acceptance of the Order and that it has been taken in charge for shipping. The Order Confirmation, sent by e-mail and therefore on a durable medium, shows the Order identification number, the summary of the Products, the price and the payment and delivery methods. The information on the right of withdrawal and the model form in Annex A are contained in these Terms, which the Customer can save and print from the Site at any time.
6.7. If the Seller accepts the Order only in part, the Order Confirmation will indicate the Products accepted; the Contract shall be deemed concluded only in respect of those Products and the Seller will refund any amounts already paid for the Products not accepted.
6.8. The Order submitted by the Customer is stored by the Seller in its systems, in compliance with the legislation in force on personal data protection, and can be consulted by the Customer in the reserved area of the Site, where enabled.
Article 7 — Right to refuse and cancel the Order
7.1. The Seller expressly reserves the right not to accept, in whole or in part, the Order submitted by the Customer, or to cancel an Order already accepted before shipping, in the following cases:
- unavailability, supervening or ascertained, of the Products ordered;
- anomalies or irregularities in the identification, billing or shipping data provided by the Customer, or their incompleteness, inaccuracy or untruthfulness;
- reasonable suspicion of fraud, of unauthorised use of payment instruments or of suspicious transactions flagged by the anti-fraud systems of the payment service provider;
- failure to authorise or failure to complete the payment;
- manifest pricing error pursuant to Article 5.5;
- previous defaults by the Customer towards the Seller, including non-payment for previous supplies;
- Orders which, by quantity or manner, prove incompatible with consumption or direct professional use and appear intended for unauthorised resale;
- Orders for Products reserved for professional use, pursuant to Article 4.6, from parties who do not prove to be professional operators in the sector.
7.2. The refusal or cancellation is communicated to the Customer in writing, by e-mail, stating the reason. In that case the Seller makes a full refund of any amounts paid, within 14 (fourteen) days of the communication, using the same means of payment used by the Customer and without charging any cost.
7.3. Except in cases of wilful misconduct or gross negligence, the refusal or cancellation of the Order pursuant to this article does not give the Customer any right to damages or to any form of compensation.
Article 8 — Payment methods
8.1. Payment of the price and ancillary costs must be made at the same time as the Order is submitted, unless otherwise agreed in writing with Business Customers.
8.2. The Seller accepts payments made through the secure payment gateways integrated into the Shopify platform, including, by way of example: credit and debit cards of the enabled networks, digital wallets, PayPal and further methods indicated from time to time on the checkout page, including any deferred payment services provided by third parties.
8.3. Transactions are handled directly by the payment service providers over a connection encrypted with the TLS protocol, applying the strong customer authentication (SCA) safeguards provided for by Directive (EU) 2015/2366 (PSD2). The Seller has no access to, and does not store in any form, the Customer's full payment card data, which are transmitted directly and confidentially to the service provider.
8.4. In relations with Business Customers, in the event of late payment of sums due under deferred payment terms that may have been granted in writing, the late payment interest provided for by Legislative Decree no. 231 of 9 October 2002 applies, accruing automatically from the day following the due date, in addition to reimbursement of recovery costs. This provision does not apply to Consumers.
Article 9 — Electronic invoicing
9.1. The Seller issues tax documents in accordance with the legislation in force on value added tax, set out in Presidential Decree no. 633 of 26 October 1972, and with the rules on electronic invoicing set out in Legislative Decree no. 127 of 5 August 2015.
9.2. Business Customers (B2B). The Business Customer is required to provide, before the Order or in any case before shipment, by writing to info@piacersi.shop (also from the “Invoice details” box in their customer area), the data needed to issue the electronic invoice, namely: company or business name, registered office, VAT number, tax code and, alternatively, the seven-character SDI Recipient Code or the PEC (certified e-mail) address at which to receive the document through the Sistema di Interscambio (Italian e-invoicing exchange system).
9.3. The correct and truthful indication of the data referred to in the preceding paragraph is the sole responsibility of the Business Customer. The Seller is not liable for failure to receive, or late receipt of, the electronic invoice attributable to incorrect, incomplete or outdated data, nor for the resulting tax consequences. In the absence of a valid Recipient Code or PEC, the invoice is sent to the Sistema di Interscambio with a conventional code and made available to the Customer in their reserved area of the Agenzia delle Entrate (Italian Revenue Agency).
9.4. Billing data cannot be changed after the document has been issued. Any requests for changes received after the invoice has been sent to the Sistema di Interscambio will be handled, where permissible, by issuing a credit/debit note.
9.5. Consumers (B2C). For purchases made by Consumers the Seller issues a commercial receipt (documento commerciale). An invoice is issued only at the Customer's request made no later than the time the transaction takes place, by sending their tax code to info@piacersi.shop (also from the “Invoice details” box in their customer area) before the Order is shipped. The invoice is sent to the Sistema di Interscambio and made available to the Consumer in the reserved area of the Agenzia delle Entrate, as well as being sent as a courtesy copy to the e-mail address provided.
Article 10 — Shipping and delivery
10.1. Shipments are made by express courier or other carrier selected by the Seller, to the territories indicated on the Site at checkout.
10.2. Shipping costs are borne by the Customer, unless otherwise indicated in a promotion, and are expressly shown in the Order summary before it is submitted.
10.3. Delivery times. The delivery times indicated on the Site and in the Order Confirmation are expressed in working days and are indicative. With regard to Consumers, and unless a different time has been expressly agreed, the Seller delivers the Products without undue delay and in any event within 30 (thirty) days of the conclusion of the Contract, pursuant to Art. 61 of the Consumer Code.
10.4. If the Seller fails to deliver within the time limit referred to in the preceding paragraph, the Consumer shall ask it to make delivery within an additional period appropriate to the circumstances. If that period expires without delivery, the Consumer is entitled to terminate the Contract and to obtain a refund of all sums paid without undue delay. The Consumer is exempt from having to grant the additional period in the cases provided for by Art. 61(4) of the Consumer Code.
10.5. With regard to Business Customers, delivery times are merely indicative and exceeding them does not entitle the Customer to refuse the goods, terminate the Contract or make any claim for damages, except in the case of wilful misconduct or gross negligence of the Seller.
10.6. The Customer is required to provide a delivery address that is correct, complete and attended during the hours normally observed by carriers. The costs of redelivery, storage or reshipping resulting from incorrect or incomplete addresses, or from the recipient's absence at the carrier's second attempt, are borne by the Customer.
Article 11 — Transfer of risk
11.1. Consumers (B2C). The risk of loss of or damage to the Products, for reasons not attributable to the Seller, passes to the Consumer only when the Consumer, or a third party designated by the Consumer other than the carrier, physically takes possession of the goods, pursuant to Art. 63(1) of the Consumer Code. Where the Consumer commissions a carrier of their own choice, other than those offered by the Seller, the risk passes when the goods are handed over to the carrier, pursuant to Art. 63(2) of the Consumer Code.
11.2. Business Customers (B2B). In sales to Business Customers the Seller discharges its delivery obligation by handing the goods over to the carrier or forwarder, pursuant to Art. 1510(2) of the Civil Code. From that moment the risk of loss of or damage to the Products lies with the Business Customer, who must pursue any claim directly against the carrier.
Article 12 — Inspection of goods on delivery and reservation of inspection
12.1. At the time of delivery the Customer, or the person appointed by the Customer to collect the goods, is required to check that the number of packages matches that stated in the transport document and that the packaging is intact, undamaged, not wet and not otherwise altered, including seals and closing tapes.
12.2. If packages are damaged, wet, tampered with or otherwise irregular, the Customer is required — on pain of forfeiture of the resulting rights — to accept the goods with a “reasoned reservation of inspection”, adding to the transport document or to the carrier's electronic device a specific statement describing the anomaly found (for example: “accepted subject to inspection: package no. 2 with packaging torn on the top side”). A generic reservation, without indication of the specific anomaly, is not sufficient to preserve the Customer's rights, in accordance with Art. 1698 of the Civil Code.
12.3. Alternatively, the Customer may refuse the delivery entirely, immediately notifying the Seller.
12.4. The Customer is required to report to the Seller, at the e-mail address given in Article 1, any anomaly found, attaching photographs of the packaging and contents, within 3 (three) days of delivery for Business Customers and within a reasonable time for Consumers.
12.5. The provisions of this article do not in any way affect or limit the rights of the Consumer under the legal guarantee of conformity referred to in Article 15, which remain intact even in the absence of a reservation.
Article 13 — Consumer's right of withdrawal
13.1. This article applies exclusively to Consumers. For the exclusion of the right of withdrawal for Business Customers, see Article 14.4.
13.2. Time limit. The Consumer has the right to withdraw from the Contract, without giving reasons and without any penalty, within 14 (fourteen) days pursuant to Arts. 52 et seq. of the Consumer Code. The period runs from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods. In the case of an Order comprising several goods delivered separately, the period runs from the acquisition of possession of the last item.
13.3. How to exercise it. The Consumer exercises the right of withdrawal by informing the Seller, before the period expires, of their decision by means of an explicit statement sent to the e-mail address or registered office given in Article 1, or by using the “Request a return” function on the order page of the customer area of the Site. For this purpose the Consumer may use the model withdrawal form set out in Annex A to these Terms, which complies with Annex I, part B, of the Consumer Code; use of the form is not mandatory. The burden of proof regarding the exercise of the right of withdrawal lies with the Consumer.
13.4. Return of the goods. The Consumer must return the Products to the Seller without undue delay and in any event within 14 (fourteen) days of the date on which they communicated the decision to withdraw. The deadline is met if the goods are sent back before it expires.
13.5. Return costs. The direct costs of returning the goods are borne by the Consumer, pursuant to Art. 57(1) of the Consumer Code, unless the Seller has expressly offered to bear them as part of specific promotional initiatives communicated to the Consumer.
13.6. Condition of the goods and diminished value. The Products must be returned intact, complete with all parts and accessories, with their original packaging, labels, seals and documentation. The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning, pursuant to Art. 57(2) of the Consumer Code; in that case the Seller is entitled to deduct from the refund an amount corresponding to such diminished value, giving the Consumer a reasoned notice. The Seller waives the deduction referred to in the previous sentence for tools and equipment (for example brushes, combs, scissors, razors, blades, hairdryers, straighteners and curling irons), which the Consumer may return even if used, with a full refund of the price paid, provided that they are complete with their accessories and not damaged by improper use or by use going beyond normal testing (such as chipped blades or broken bristles). This waiver does not apply to Business Customers, for whom Article 14.4 remains in force.
13.7. Refund. The Seller refunds all payments received from the Consumer, including standard delivery costs, without undue delay and in any event within 14 (fourteen) days of the day on which it was informed of the decision to withdraw, pursuant to Art. 56(1) of the Consumer Code. Supplementary costs resulting from the Consumer's choice of a type of delivery other than, and more expensive than, the standard delivery offered by the Seller are not refunded.
13.8. The refund is made using the same means of payment used for the initial transaction, unless expressly agreed otherwise, and without the Consumer incurring any cost.
13.9. The Seller may withhold the refund until it has received the goods back or until the Consumer has supplied evidence of having sent them back, whichever is the earlier, pursuant to Art. 56(3) of the Consumer Code.
Article 14 — Exclusions from the right of withdrawal
14.1. Exclusion for reasons of hygiene and health protection
The right of withdrawal is expressly and strictly excluded, pursuant to Art. 59(1)(e) of the Consumer Code, for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they have been unsealed after delivery.
The exclusion applies, in particular and by way of example and without limitation, to the following Products sold on the Site, where the guarantee seal, protective film, shrink wrap, cap, membrane or other original closure device has been opened, removed, torn, pierced or otherwise altered after delivery:
- cosmetic products in general, as defined by Regulation (EC) No 1223/2009;
- shampoos, conditioners, masks, creams, serums, oils, ampoules, lotions and any other fluid or cream product for the care of hair and scalp;
- trichological products and anti-hair-loss treatments;
- colourants, bleaches, developers, perming and straightening products and chemical treatments;
- styling products such as gels, waxes, pastes, mousses, hairsprays and sprays;
- disposable products, including disposable gloves, capes, towels and neck strips;
For the Products referred to in this paragraph, the right of withdrawal may therefore be exercised only if the packaging is still fully sealed and has not been tampered with, and the Product has not been used, tested, decanted or altered in any way.
14.2. Further exclusions
The right of withdrawal is also excluded, pursuant to Art. 59 of the Consumer Code, in the following cases:
- supply of goods made to the consumer's specifications or clearly personalised (letter c), such as equipment engraved, personalised or assembled at the Customer's specific request;
- supply of goods liable to deteriorate or expire rapidly (letter d);
- supply of goods which, after delivery, are by their nature inseparably mixed with other items (letter f);
- contracts where the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance (letter h);
- in the further cases strictly provided for by the same Art. 59.
14.3. Consequences of inadmissible exercise
Products returned in breach of the exclusions referred to in the preceding paragraphs do not give rise to any refund and remain at the Consumer's disposal at the Seller's premises, for collection by the Consumer and at the Consumer's expense, for a period of 30 (thirty) days from notification of the refusal of the return. The Seller gives the Consumer reasoned notice thereof within a reasonable time of receipt.
14.4. Full exclusion of withdrawal for Business Customers
The right of withdrawal governed by Arts. 52 et seq. of the Consumer Code does not in any case apply to Contracts concluded with Business Customers, as the law reserves those rules to Consumers only. No right of return, replacement or cancellation is therefore granted to the Business Customer outside the cases of defects or non-conformity of the goods referred to in Article 16, unless otherwise specifically agreed in writing between the parties.
Article 15 — Legal guarantee of conformity (Consumers)
15.1. Products sold to Consumers are covered by the legal guarantee of conformity under Arts. 128 et seq. of the Consumer Code, as amended by Legislative Decree no. 170 of 4 November 2021, implementing Directive (EU) 2019/771.
15.2. Duration. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery which becomes apparent within 24 (twenty-four) months of that time.
15.3. Burden of proof. Unless proven otherwise, any lack of conformity which becomes apparent within 1 (one) year of delivery is presumed to have existed at that date, unless this is incompatible with the nature of the goods or of the lack of conformity.
15.4. Limitation period. Action to enforce defects not fraudulently concealed by the Seller is time-barred after 26 (twenty-six) months from delivery of the goods.
15.5. No obligation to notify. In accordance with the rules in force, the Consumer is not subject to any obligation to notify the defect within a set period. It is therefore sufficient that the defect becomes apparent within the period referred to in paragraph 15.2 and that the action is brought within the limitation period referred to in paragraph 15.4.
15.6. Remedies. In the event of a lack of conformity, the Consumer is entitled, free of charge, to have the goods brought into conformity by repair or replacement, at their choice, unless the remedy requested is impossible or would impose costs that are disproportionate compared with the other. Where bringing the goods into conformity is impossible, the Seller has not done so within a reasonable time, the lack of conformity is so serious as to justify it, or it has already recurred, the Consumer is entitled, alternatively, to a proportionate reduction of the price or to termination of the Contract with reimbursement of the price paid. A minor lack of conformity for which it has not been possible, or would be excessively burdensome, to apply the remedies of bringing into conformity does not give the right to terminate the Contract.
15.7. Exclusions. The legal guarantee does not cover defects resulting from: improper or negligent use, or use not in accordance with the manufacturer's instructions and the warnings on the label; normal wear and tear of parts subject to deterioration; maintenance not carried out or carried out by unauthorised personnel; unauthorised tampering, repairs or modifications; damage from falls, impacts, electric shock, power surges or accidental events; storage in unsuitable environmental conditions; use of the Product after its expiry date or beyond the period after opening (PAO) shown on the packaging.
15.8. Commercial guarantees. Any commercial guarantees offered by the manufacturer, with the content and duration indicated in the documentation accompanying the Product, are in addition to and do not replace or limit the legal guarantee of conformity.
15.9. How to claim. To claim under the guarantee, the Consumer contacts the Seller at the contact details given in Article 1, stating the Order number, the Product concerned and a description of the defect, accompanied where possible by photographs. The Seller responds within a reasonable time and indicates how to return the Product, the costs of which it bears.
Article 16 — Warranty against defects (Business Customers)
16.1. Contracts concluded with Business Customers are subject exclusively to the warranty against defects in the goods sold under Arts. 1490 et seq. of the Civil Code, with the full exclusion of the legal guarantee of conformity referred to in Article 15.
16.2. Obligation to notify — 8 days. On pain of forfeiture, the Business Customer must notify the Seller of defects within 8 (eight) days of discovery or, for apparent defects recognisable on ordinary examination of the goods, within 8 (eight) days of receipt of the Products, pursuant to Art. 1495(1) of the Civil Code. Notification must be made in writing, by e-mail or registered letter with acknowledgement of receipt, and must specify the nature of the defect and the Products concerned, stating the batch number and the transport document.
16.3. Limitation period — 12 months. The Business Customer's action is in any event time-barred 12 (twelve) months after delivery of the Products, pursuant to Art. 1495(3) of the Civil Code, even if the Customer has not discovered the defect, without prejudice to the right to raise the warranty by way of defence where the legal requirements are met.
16.4. Proper functioning of equipment. For equipment and electromechanical appliances, where the Seller or the manufacturer has given a guarantee of proper functioning, the Business Customer must notify the defect within 30 (thirty) days of discovery and the action is time-barred 6 (six) months after discovery, pursuant to Art. 1512 of the Civil Code, unless a different contractual period is indicated by the manufacturer.
16.5. Remedies. Once the claim has been found to be well-founded, the Seller shall, at its option, replace the defective Products or issue a credit note for the corresponding amount. Any further claim is excluded by the Business Customer for direct, indirect or consequential damages or loss of profit, including damages for business interruption, loss of clientele or reputational harm, except in the case of wilful misconduct or gross negligence of the Seller.
16.6. Professional use and operator's responsibility. The Business Customer declares that they possess the technical skills needed to use the Products and undertakes to use them in strict compliance with the manufacturer's instructions, warnings, dilutions, processing times and technical data sheets, and to carry out any preliminary tests prescribed. The Business Customer assumes full responsibility towards their own clientele for the application of the Products, indemnifying the Seller against any claim in this respect, without prejudice to the producer's liability for damage caused by defective products under Arts. 114 et seq. of the Consumer Code.
Article 17 — Use of the Products and warnings
17.1. The Customer is required to read carefully the directions, warnings, list of ingredients (INCI) and instructions for use shown on the packaging and in the leaflet of each Product, and to observe the expiry date and the period after opening (PAO).
17.2. The information published on the Site is merely descriptive and commercial in nature and does not in any case constitute medical, dermatological or trichological advice, nor does it replace the opinion of a healthcare professional. In the presence of scalp conditions, dermatitis, diagnosed allergies, or during pregnancy and breastfeeding, the Customer is advised to consult a doctor before use.
17.3. The Customer is advised to carry out a preliminary sensitivity test (patch test) where prescribed by the manufacturer, particularly for colouring products and chemical treatments.
17.4. The Seller is not liable for the consequences of using the Products in a manner not in accordance with the manufacturer's directions, of unintended mixing, or of use by persons lacking the necessary qualification in the case of Products reserved for professional use referred to in Article 4.6.
Article 18 — Limitation of liability and force majeure
18.1. The Seller adopts appropriate technical and organisational measures to ensure the continuity and security of the Site, which is hosted on the Shopify platform. The Seller does not, however, guarantee the absence of interruptions, suspensions, slowdowns or malfunctions of the Site resulting from maintenance, updates, faults or unavailability of the services provided by the platform provider, connectivity providers, payment service providers or other third parties.
18.2. The Seller is not liable for damage resulting from temporary unavailability of the Site, from failure or delay in concluding Orders for technical reasons not attributable to its own organisation, or from unauthorised access to systems achieved by circumventing the security measures adopted.
18.3. Force majeure. Neither party is liable for failure or delay in performing its obligations caused by force majeure or by events not attributable to it, including by way of example: natural events of exceptional severity, epidemics and pandemics, orders of the authorities, acts of terrorism, armed conflicts, strikes including by carriers' staff, widespread outages of electronic communication networks or of electricity, unavailability of raw materials, transport blockages. In such cases the time for performance is suspended for the entire duration of the event; where the impediment continues for more than 60 (sixty) days, either party is entitled to terminate the Contract without charge, with the Customer entitled to a full refund of the amount paid.
18.4. The limitations of liability provided for in this article apply to the extent permitted by law and do not in any way affect the mandatory rights granted to the Consumer, nor do they apply in cases of wilful misconduct or gross negligence, or of personal injury.
18.5. The Customer undertakes to use the Site in accordance with the law and in good faith, refraining from conduct liable to compromise its operation or security, from using automated content extraction systems and from submitting false data or data relating to third parties without authorisation.
Article 19 — Intellectual property
19.1. All content of the Site, including by way of example and without limitation the domain name, trade marks, logos, distinctive signs, names, photographs, videos, illustrations, descriptive texts, product pages, graphics, layouts, code and databases, is owned by the Seller or by third parties who have granted its use, and is protected by Law no. 633 of 22 April 1941 on copyright, by Legislative Decree no. 30 of 10 February 2005 (Codice della Proprietà Industriale – Italian Industrial Property Code) and by the applicable international conventions.
19.2. Reproduction, duplication, copying, sale, resale, publication, communication to the public, modification, extraction, even partial, and any other exploitation, by any means and for any purpose, of the content referred to in the preceding paragraph is prohibited without the Seller's prior written consent.
19.3. The trade marks of the manufacturers of the Products sold are owned by their respective proprietors and are used on the Site solely to describe the product offered for sale, in accordance with Art. 21 of the Industrial Property Code.
19.4. Access to the Site does not grant the Customer any licence or any right over the content, which remains the exclusive property of the respective rights holders. Any infringement will be prosecuted before the competent civil and criminal courts.
Article 20 — Personal data protection
20.1. The Customer's personal data are processed by the Seller, as Data Controller, in accordance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree no. 196 of 30 June 2003, as set out in the Privacy Policy and the Cookie Policy published on the Site, which are separate documents distinct from these Terms.
20.2. Provision of the data needed to perform the Contract and to fulfil legal obligations, including tax and accounting obligations, is mandatory: refusal to provide them makes it impossible to conclude and perform the Contract.
Article 21 — Complaints and out-of-court dispute resolution
21.1. Any complaint may be sent to the Seller at the contact details given in Article 1. The Seller undertakes to respond without undue delay and in any event within a reasonable time of receipt.
21.2. Alternative dispute resolution (ADR). A Consumer resident in Italy or in another Member State of the European Union may use the alternative dispute resolution procedures governed by Arts. 141 et seq. of the Consumer Code, by contacting an ADR body entered in the list kept by the Ministero delle Imprese e del Made in Italy (Italian Ministry of Enterprises and Made in Italy) or by the other competent authorities. Recourse to such procedures is optional and does not in any way affect the Consumer's right to bring proceedings before the competent court.
21.3. The Consumer may also initiate mediation before a body entered in the register kept by the Ministry of Justice pursuant to Legislative Decree no. 28 of 4 March 2010, or assisted negotiation, and may also contact the conciliation services set up at the Chambers of Commerce.
21.4. European ODR platform. Please note that the European platform for online dispute resolution (ODR), established by Regulation (EU) No 524/2013, has ceased operating following the repeal of that Regulation by Regulation (EU) 2024/3228. Any references to that platform contained in previous documentation must therefore be regarded as superseded and replaced by the remedies indicated in paragraphs 21.2 and 21.3.
Article 22 — Applicable law and competent court
22.1. Applicable law. These Terms and every Contract concluded on the Site are governed by Italian law. With regard to Consumers resident or domiciled in other Member States of the European Union, the application of the more favourable mandatory provisions of the law of the Consumer's country of habitual residence remains unaffected, pursuant to Art. 6 of Regulation (EC) No 593/2008 (Rome I).
22.2. Competent court for Consumers. For any dispute arising with a Consumer, the court of the place of residence or elected domicile of that Consumer has exclusive and mandatory jurisdiction, pursuant to Art. 66-bis of the Consumer Code. Any agreement to the contrary is null and void.
22.3. Competent court for Business Customers. For any dispute arising with a Business Customer, in any way connected with the interpretation, performance, validity or termination of the Contracts governed by these Terms, the Court of Campobasso has exclusive jurisdiction, expressly excluding any concurrent or alternative court.
Article 23 — Final provisions
23.1. Partial invalidity. The ineffectiveness, invalidity or unenforceability of one or more clauses of these Terms does not render the remaining clauses invalid, which retain full effect. The invalid clause is replaced by operation of law by the applicable statutory provision.
23.2. Tolerance. Any tolerance by the Seller of conduct by the Customer in breach of these Terms does not constitute a waiver of the rights deriving from the clauses breached or of the right to demand their exact performance.
23.3. Prohibition of assignment. The Customer may not assign the Contract, or the rights and obligations deriving from it, to third parties without the Seller's prior written consent.
23.4. Language. These Terms are drawn up in Italian. Any translations into other languages are provided as a courtesy; in the event of any discrepancy the Italian text prevails.
23.5. Communications. Unless otherwise provided, all communications between the parties are validly made by e-mail to the addresses given by the Customer when placing the Order and by the Seller in Article 1.
23.6. Specific approval of clauses (Business Customers). Pursuant to and for the purposes of Arts. 1341 and 1342 of the Civil Code, the Business Customer declares that they have read, understood and specifically approve, by accepting these Terms when placing the Order, the clauses set out in Articles: 7 (right to refuse and cancel the Order), 10.5 (indicative nature of delivery times), 11.2 (transfer of risk to the carrier), 12.2 (forfeiture in the absence of a reasoned reservation), 14.4 (exclusion of the right of withdrawal), 16.2, 16.3 and 16.5 (forfeiture, limitation period and limitation of remedies), 18 (limitation of liability and force majeure), 22.3 (exclusive contractual jurisdiction of Campobasso). This clause does not apply to Consumers.
Annex A — Model withdrawal form
(In accordance with Annex I, part B, of Legislative Decree 206/2005. Complete and return this form only if you wish to withdraw from the contract. Use of the form is not mandatory.)
To:
Piacersi
Viale XXIV Maggio 140 — 86100 Campobasso (CB), Italy
E-mail: info@piacersi.shop
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*):
....................................................................................................
- Ordered on (*) ...................... / Received on (*) ......................
- Order number: ......................
- Name of consumer(s): ......................................................
- Address of consumer(s): ..................................................
- Signature of consumer(s) (only if this form is notified on paper): ......................
- Date: ......................
(*) Delete as appropriate.