General terms and conditions of sale
B2C
I. GENERAL PROVISIONS
Premises and Acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter also referred to as "General Terms" or "GTCS") govern the offer and sale by Ligo Electric SA, represented by authorized personnel, based at Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland), of the products available on the eCommerce platform Valera, accessible via the website www.valera.com (hereinafter referred to as "Site" or "Platform").
The Platform is an online site intended to offer users the ability to purchase electrical hair care appliances (electric styling tools) and accessories under the Valera brand (hereinafter also referred to as "Products"). A user of the Site (hereinafter referred to as "User(s)") is defined as each individual mentioned in Article 2.1 below.
In order to proceed with the purchase of Products, the GTCS must be accepted by the User at the time of registration on the Site, or, in case of a purchase without registration, before the User submits the purchase order. The Premises are considered an integral part of the General Terms.
1. Site Name and Domain Ownership
The Site is owned by Ligo Electric SA ("Seller"), which is also the holder of the corresponding domain name.
2. Subjective and Objective Scope of the GTCS
2.1 Purchases made through this Site constitute a distance contract for the sale of Products concluded between the Seller and the consumer or purchaser ("Purchaser"), defined as "the individual who acts for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities potentially performed."
2.2 The applicable GTCS are those in force at the date of submission of the purchase order and are available in Italian, French, and German. In case of conflict between the translations on the Site, the Italian version shall prevail.
2.3 Should any clause in these GTCS be invalid, void, or otherwise unenforceable, it shall not affect the validity and/or effectiveness of the other contractual clauses.
2.4 These GTCS do not govern the sale of products by entities other than those present on the Platform and available for purchase within it.
3. Amendments and/or Variations of the GTCS
3.1 Before proceeding with the purchase, the Purchaser is required to carefully read all information provided by the Seller through the Site, both before and during the purchase process, as well as to review these GTCS, which the Seller makes available in the "General Terms and Conditions of Sale" section of the Site.
3.2 The GTCS may be modified at any time to maintain their compliance with legal and regulatory provisions that may come into effect, or to offer different and additional products compared to those currently available for sale.
3.3 Any changes and/or new conditions will be effective from the moment they are published on the Site in the "General Terms and Conditions of Sale" section, indicating the update date. Users are therefore invited to regularly access the Site and consult the most updated version of the GTCS before making any purchase.
II. REGISTRATION ON THE SITE, PURCHASE AND DELIVERY OF PRODUCTS
4. Registration on the Site and Management of the Personal Account
4.1 Navigation and use of the services offered on the Site do not require completing the Registration procedure. Purchasing Products is also possible without registration. Registration is free. Users who register on the Site must provide certain personal data and follow all steps of the procedure ("Registration"). At the time of registration, the User will be required to choose a password, which the user undertakes not to temporarily disclose to third parties and to keep with due care, diligence, and secrecy under their own responsibility, as the username (corresponding to the email address used during Registration) and the chosen password constitute the sole means to identify the User and validate their access to offers. Each User is exclusively responsible for the accuracy and/or completeness of the personal data provided during the contract conclusion. The User is informed that all actions taken using these credentials will be attributed to and binding on them. It is also prohibited to provide data related to third parties, false, fictitious, or in any way not true data.
4.2 Registration allows the User to access the personal area called "Account" ("Reserved Area"). In the Reserved Area, the User can consult at any time the personal data provided during Registration, their cart containing the Products not yet purchased, the list of purchased Products, and other information such as the history of orders placed.
4.3 The User is required to immediately inform the Seller of any unauthorized or improper use of their access credentials or to report any violations by third parties. If the Seller detects violations, they may, at their discretion, block access, permanently delete the information contained in it, or refuse to open new accounts for the same User.
4.4 At any time, the User may request the Seller to update and/or modify or request the deletion of the information provided during Registration. In the event of a deletion request, however, the Seller may temporarily retain, in whole or in part, such information solely for the purpose of executing any purchases made and/or completing accounting and tax procedures.
5. Information on the Conclusion of the Contract
5.1 Products may be sold either through a permanent catalog or through promotions that involve product and service availability subject to quantitative and/or time limitations.
5.2 To conclude the purchase contract for Products through this Site, the Consumer must follow the instructions provided and make the payment according to the methods described in Article 8.
5.3 The contract is concluded once the payment has been successfully verified. After the conclusion of the contract, the Seller will send the Purchaser a confirmation of the order to the email address provided during the purchase. The order will be stored in the Seller's database for the time necessary to execute it and, in any case, within legal terms.
6. Purchase of Products and Services (hereinafter, collectively also referred to as "Products")
6.1 The images accompanying the product information sheets or offers may not be perfectly representative of their characteristics but may differ in color, size, and accessories shown. All supporting information for the purchase is to be considered as simple generic informational material, not necessarily referring to the actual characteristics of a single offer, unless expressly indicated by the Seller.
6.2 The Seller reserves the right to refuse or cancel orders that come (i) from a Purchaser with whom there is an ongoing judicial or extrajudicial dispute; (ii) from a Purchaser who has previously violated these GTCS; (iii) from a Purchaser involved in any type of fraud, particularly fraud related to credit card payments; (iv) from a Purchaser who has provided false, fictitious, or inaccurate identification data and/or data not corresponding to the truth or referring to third parties; (v) from a Purchaser who has violated the prohibition referred to in Article 6.5 below; (vi) in case of the logistic partner's inability to provide the purchased Product. In such cases, the Seller will inform the User as soon as possible and, if the User has already made the payment, the amount will be refunded.
6.3 For each purchase through the Site, an invoice will be issued and subsequently sent to the Purchaser via email based on the data provided by them during the purchase order. The invoice for the purchased Products will be sent by email. The Purchaser undertakes to keep the Seller harmless and indemnified from any damage, compensatory obligation, and/or sanction that may arise or be imposed if such information is not accurate and/or truthful. No changes to the invoice will be possible after its issuance.
7. Prices
7.1 Prices are expressed in CHF and include VAT. Ligo reserves the right to apply discounts and promotions to Users.
7.2 Shipping costs for Products are fixed as follows:
a. Free for orders with a total amount equal to or greater than CHF 130.00, net of discounts and promotions;
b. CHF 10.00 for orders with a total amount less than CHF 130.00, net of discounts and promotions.
Shipping costs may also be included in the selling price of some items or be free in cases provided by the Seller. The User is always informed of the shipping costs before completing the purchase process and making the payment.
7.4 The validity of promotional offers may be subject to quantitative or time limitations, after which they may no longer be available. The Seller may modify the duration or quantity of an offer at any time and at their discretion, provided that they will fulfill orders placed during the validity of a particular offer. An offer may be published multiple times over time. In some cases, it is possible that the availability of a product ends after the purchase: in these cases, the Seller, if the conditions apply, will refund the User. It is also possible that for some offers, a specific variant of the product is not guaranteed, and the User will be asked to specify one or more preferences at the time of purchase: in such circumstances, the User is aware that they may receive a different variant of the product compared to the one selected during the purchase.
8. Payment Methods
8.1 Payment for Products can be made using the following methods:
A. PayPal
In this case, the Purchaser will authorize PayPal to proceed with the payment upon the Seller's request according to the procedure provided and regulated by PayPal, under the terms and conditions of the contract agreed between PayPal and the Purchaser.
B. Twint
The Twint payment function allows the Purchaser to pay via the "Twint app." The Purchaser must follow the payment instructions provided and authorized by Twint.
C. Credit Card
In this case, the Purchaser will be redirected to a page where they must enter their credit card details. Payment will be processed through the PayPal payment gateway using the secure encryption system provided by PayPal. The Seller will not receive or store any sensitive data related to the Purchaser's credit card, such as the card number, expiration date, or security code.
9. Delivery of Products
9.1 The Seller undertakes to deliver the Products to the Purchaser within the timescales specified during the purchase. Delivery times may vary based on the shipping method chosen and the destination of the delivery. The estimated delivery times will be indicated at checkout.
9.2 Delivery is deemed to have occurred when the Purchaser or a person designated by them receives and signs for the delivery. The risk of loss or damage to the Products is transferred to the Purchaser at the moment of delivery.
9.3 If the Purchaser is not available to receive the delivery, the Seller's logistics partner will make arrangements for the delivery at a later date. Any additional costs incurred due to repeated delivery attempts will be borne by the Purchaser.
10. Right of Withdrawal
10.1 The Purchaser has the right to withdraw from the contract, without providing any reason, within 14 days from the date on which they or a third party designated by them (other than the carrier) acquires physical possession of the Products. To exercise the right of withdrawal, the Purchaser must inform the Seller of their decision to withdraw from the contract by means of an explicit declaration (e.g., a letter sent by post, fax, or email).
10.2 To comply with the withdrawal deadline, it is sufficient for the Purchaser to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
10.3 If the Purchaser withdraws from the contract, the Seller will reimburse all payments received from the Purchaser, including the costs of delivery (with the exception of supplementary costs arising if the Purchaser has chosen a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the Purchaser's decision to withdraw from the contract. The Seller will carry out the reimbursement using the same payment method used by the Purchaser for the initial transaction, unless the Purchaser has expressly agreed otherwise; in any event, the Purchaser will not incur any fees as a result of such reimbursement.
10.4 The Purchaser is liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.
11. Legal Warranty and Claims
11.1 The Seller is responsible for any lack of conformity that becomes apparent within 2 years from the delivery of the Products. In the case of a lack of conformity, the Purchaser has the right to request, at no cost, the repair or replacement of the Product. If repair or replacement is not possible, the Purchaser may request a price reduction or termination of the contract.
11.2 The Purchaser must notify the Seller of any lack of conformity within 2 months of its discovery. The Seller is not responsible for defects caused by improper use or handling of the Products.
12. Force Majeure
12.1 The Seller is not liable for any delay or failure in the performance of their obligations under the contract if such delay or failure is due to events of force majeure, including, but not limited to, natural disasters, strikes, wars, and pandemics.
13. Exceptions to the Right of Withdrawal
13.1 The Seller reserves the right to verify that the Product is in the same condition as when it was delivered, meaning that the Product, including its packaging, has not been altered in its essential and qualitative characteristics and retains, as far as possible, its original packaging and label. If the original packaging is not available, the User must return the product properly packaged to preserve its integrity.
13.2 At its sole discretion, the Seller may refuse to accept the withdrawal for Products that have been partially deteriorated or if the Products have been irreversibly removed from their original cases or packaging. In such cases, the Seller will reject the withdrawal request by sending a communication to the Purchaser's email address provided at the time of sale.
V. FINAL CLAUSES
14. Industrial and Intellectual Property Rights; Privacy
14.1 Reproduction, even partial, of the content and graphics of the Site, as well as the distinctive signs of the Seller and Partners visible on the Site, is prohibited.
14.2 The Seller does not own the intellectual property rights, including trademarks, patents, design rights, and copyright, on the products sold and related materials (images, domain names, websites, photos, brochures, etc.). These rights are exclusively owned by Ligo Patents SA, Via Ponte Laveggio 9, 6853 Ligornetto (hereinafter "LPSA"). The Seller has obtained from LPSA, through an exclusive license agreement, the right to authorize the use of the aforementioned intellectual property rights for certain purposes. All obligations assumed by the Purchaser towards the Seller as the exclusive licensee of LPSA are deemed repeated and binding in favor of LPSA, which may exercise and enforce these rights directly against the Purchaser.
14.3 The Purchaser must refrain from direct or indirect use, except when authorized by the Seller in writing, of any trademark, trade name, service mark, domain name, brand, product name and images, company description, logo, and similar items that are (or will be) registered, used, or owned by the Seller (as the exclusive licensee) and/or by LPSA (particularly, all VALERA trademarks). Registration, possession, and/or management, direct or indirect, of a domain name or social media profile are considered as use of the aforementioned distinctive signs.
14.4 It is the Purchaser's responsibility to avoid any risk of confusion between their name/activity and that of the Seller/VALERA/LPSA in any communication or material made available online; when such a risk exists, even potentially, the Purchaser must refrain from the communication/publication/activity and request specific written authorization from the Seller (as the exclusive licensee).
14.5 “Valera”® is a registered trademark in Switzerland and abroad owned by LPSA. Any use of the trademark “Valera”® without the prior written consent of the Seller (as the exclusive licensee) is illegal and will be prosecuted under the law. The copyright for all Valera images, logos, and texts is the exclusive property of LPSA and is fully reserved. Copying, renting, and distributing copyrighted materials are prohibited actions and will be prosecuted under the law.
14.6 All personal data of the User will be processed in compliance with the privacy regulations required by current legislation. For more information, please refer to the Privacy Policy available on the Site.
15. Applicable Law and Jurisdiction
15.1 The purchase contract concluded on the Site is governed by Swiss law.
15.2 For disputes arising from these GTCS, the court of Mendrisio is competent. The Seller alternatively acknowledges the Purchaser's right to take legal action at the location where the Purchaser has established their residence.
16. Contacts
16.1 The Seller can be contacted in the following ways:
- By registered mail with return receipt to the legal address of Ligo Electric SA at Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland); or
- By sending an email to support@valera.com; or
- Through the contact form available on the Site.
16.2 The Seller will respond to complaints within five working days – excluding holidays and/or Seller's closures – from receipt.
Last updated: July 23, 2024
GENERAL TERMS AND CONDITIONS OF SALE
B2B
I. GENERAL PROVISIONS
Preamble and Acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter also referred to as “General Terms” or “GTS”) govern the offer and sale by Ligo Electric SA, represented by a person with the necessary authority, based at Via Ponte Laveggio 9, 6853 Ligornetto/Mendrisio (Switzerland), of the products available on the eCommerce platform Valera, accessible at the website www.valera.com (hereinafter also referred to as the "Website" or the “Platform”).
The Platform is a website that offers its users the ability to purchase electric hairstyling tools and accessories under the Valera brand (hereinafter, also referred to as the “Products”). A “User” of the Website refers to each of the entities mentioned in the subsequent article 2.1.
In order to proceed with the purchase of Products, Users must accept the GTS at the time of registration on the Website. The Preamble is considered an integral part of the General Terms.
1. Website Name and Domain Ownership
The Website is owned by Ligo Electric SA (“Seller”), which is also the owner of the related domain name.
2. Scope of Application of the GTS
2.1 Purchases made through this Website constitute a distance contract for the sale of Products concluded between the Seller and the Buyer in the haircare, beauty, wellness, hospitality sectors, and others, defined as “the natural person acting in the exercise of their business, commercial, artisanal, or professional activity, or an intermediary thereof” (“Buyer”).
2.2 The applicable General Terms are those in effect on the date of sending the purchase order and are available in Italian, French, and German. In case of conflict between translations on the Website, the Italian version will prevail.
2.3 If any clause contained in these GTS is invalid, null, or otherwise unenforceable, it will not affect the validity and/or effectiveness of the remaining contractual clauses.
2.4 These GTS do not govern the sale of products by entities other than those present on the Platform and available for purchase on the Platform.
3. Modifications and/or Changes to the GTS
3.1 Before proceeding with a purchase, the Buyer must carefully read all the information provided by the Seller via the Website, both before and during the purchase process, and review the GTS made available by the Seller in the “General Terms and Conditions of Sale” section of the Website.
3.2 The GTS may be modified at any time to ensure compliance with regulatory and legislative provisions that may come into effect or to offer different or additional products than those currently available for sale.
3.3 Any modifications and/or new conditions will take effect from the moment of their publication on the Website in the “General Terms and Conditions of Sale” section, with an indication of the update date. Users are therefore encouraged to regularly visit the Website and review the most up-to-date version of the GTS before making any purchase.
II. REGISTRATION ON THE WEBSITE, PURCHASE, AND DELIVERY OF PRODUCTS
4. Website Registration and Management of Personal Account
4.1 Registration is not required for browsing and accessing the services offered on the Website. Access to the price list dedicated to professionals and the purchase of Products is only possible upon Registration on the Website. Registration is free. Users registering on the Website must provide certain personal data and complete all steps of the procedure ("Registration"). At the time of registration, the User will be asked to choose a password, which the user agrees to keep confidential and secure, as the username (corresponding to the email address used during Registration) and the chosen password are the only means to identify the User and validate their access to offers. Each User is solely responsible for the accuracy and completeness of the personal data provided during the contract conclusion. The User is therefore informed that all actions performed using these credentials will be attributed to them and will have binding effect. The communication of data related to third parties, false data, fabricated or fictitious data, or any data not corresponding to the truth is also prohibited. The Seller reserves the right to perform periodic checks on the existence of requirements for access and benefits reserved for professionals (e.g., documentation related to business activities).
4.2 Registration allows the User to access the personal area called “Account” (“Reserved Area”). In the Reserved Area, the User can view their personal data provided during Registration, their cart containing Products not yet purchased, the list of purchased Products, and other information such as order history.
4.3 The User must immediately inform the Seller of any unauthorized or improper use of their access credentials or report any violations by third parties. If the Seller detects violations, they may, at their discretion, disable access, permanently delete the information contained therein, or refuse to open new accounts for the same User.
4.4 At any time, the User may request Ligo to update and/or modify or request the deletion of the information provided during Registration. However, in the case of a deletion request, the Seller may temporarily retain, in whole or in part, such information solely to execute any purchases made and/or to complete accounting and fiscal procedures.
5. Information on Contract Formation
5.1 Products may be sold through either a permanent catalog or promotions that involve product and service availability subject to quantitative and/or time limits.
5.2 To conclude the purchase contract for Products through this Website, the Buyer must follow the provided instructions and make payment according to the methods described in article 8.
5.3 The contract is concluded once the payment is confirmed. After the contract is concluded, the Seller will send the Buyer an order confirmation to the email address provided during the purchase. The order will be archived in the Seller's database for the time necessary for its execution and, in any case, within legal terms.
6. Purchase of Products and Services (hereinafter, collectively also referred to as “Products”)
6.1 The images accompanying product information sheets or offers may not perfectly represent their characteristics and may differ in color, size, and accessories shown. All support information for purchase is to be considered as generic information material, not referring to the actual characteristics of a single offer unless expressly indicated by the Seller.
6.2 The Seller reserves the right to refuse or cancel orders originating from (i) a Buyer with whom there is an ongoing dispute, either judicial or extrajudicial; (ii) a Buyer who has previously violated these GTS; (iii) a Buyer involved in any type of fraud, particularly credit card fraud; (iv) a Buyer who has provided false, fabricated, fictitious, incomplete, or otherwise inaccurate data or data referring to third parties; (v) a Buyer who has violated the prohibition set forth in article 6.5 below; (vi) if the logistics partner is unable to provide the purchased Product. In such cases, the Seller will inform the User as soon as possible, and if the User has made a payment, the amount will be refunded.
6.3 For each purchase made through the Website, an invoice will be issued and subsequently sent to the Buyer via email, based on the data provided by the Buyer during the purchase order. The invoice for the purchased products will be sent via email. The Buyer agrees to keep the Seller indemnified from any damage, indemnity obligations, and/or penalties that may arise or be imposed if such information is not accurate and/or truthful. No changes to the invoice will be possible after its issuance.
7. Prices
7.1 Prices are expressed in CHF and do not include VAT. Registration on the site as a B2B Buyer (or Hairdresser or Professional or similar designation on the Website) allows the User to benefit from a dedicated price list for professionals. The Seller reserves the right to apply additional discounts and promotions beyond the indicated prices. These discounts and promotions may or may not be linked to joining the Ambassador program, the number of products purchased, and/or specific promotional campaigns.
7.1.1 For Buyers without VAT numbers, the displayed price will include VAT.
7.2 Shipping costs for Products are fixed as follows:
a. Free for orders with a total amount of CHF 130.00 or more, excluding discounts and promotions;
b. CHF 10.00 for orders with a total amount less than CHF 130.00, excluding discounts and promotions.
Shipping costs may also be included in the sale price of certain items or be free in cases provided by the Seller. The User is always informed of the shipping costs before completing the purchase process and making the payment.
7.3 The validity of promotional offers may be subject to quantitative or time limitations, after which they may no longer be available. The Seller may modify the duration or quantity of an offer at any time at their discretion, provided that orders placed during the validity of a particular offer will be honored. An offer may be published multiple times over time. In some cases, availability of a product may end after purchase: in these cases, the Seller will, if applicable, refund the User. It is also possible that for some product offers, a specific variant is not guaranteed, and the User will be required to specify one or more preferences at the time of purchase: in such circumstances, the User is aware that they may receive a variant of the product different from the one chosen at the time of purchase.
8. Payment Methods
8.1 Payment for Products can be made using the following methods:
A. PayPal
In this case, the Buyer will authorize payment using the PayPal platform and will be subject to the terms and conditions of the PayPal service. The payment will be processed by the PayPal platform.
B. Credit Card
Accepted credit cards: MasterCard, Visa, American Express. The payment will be processed by the Stripe platform.
C. Bank Transfer
The Buyer will receive the bank transfer details after completing the purchase. The Buyer must provide all necessary references to the bank in the transfer instructions. The amount must be credited to the Seller’s account no later than 7 days from the date of the order.
8.2 In the case of payment by credit card or PayPal, the charge is immediate. If the Buyer does not make the payment or the payment is canceled or rejected, the order will be automatically canceled, and the Buyer will be informed via email.
9. Delivery of Products
9.1 Products are delivered to the address specified by the Buyer during the purchase order. The Buyer is responsible for providing an address where the Products can be delivered, and any delay or non-delivery due to an incorrect address provided will not be the Seller’s responsibility.
9.2 Delivery times are indicative and not binding. They vary depending on the delivery address, product availability, and courier processing times. The Seller will make every effort to ensure timely delivery, but delays may occur due to unforeseen circumstances or logistical issues.
9.3 The risk of loss or damage to the Products is transferred to the Buyer upon delivery. It is the Buyer’s responsibility to check the Products upon receipt and report any damage or discrepancies within 48 hours.
III. RIGHT OF WITHDRAWAL AND RETURNS
10. Right of Withdrawal
10.1 For B2B sales, the right of withdrawal does not apply. The sale is considered final once the order is confirmed and payment is processed.
11. Returns
11.1 The Buyer may request the return of Products if they are damaged or do not match the order. Returns must be requested within 7 days from the date of delivery. The Products must be returned in their original packaging and in the same condition in which they were received.
11.2 The Seller will evaluate the return request and, if approved, will process the refund or replacement according to the Buyer’s preference. Return shipping costs are the responsibility of the Buyer unless the return is due to an error on the Seller’s part.
IV. WARRANTIES AND LIABILITY
12. Product Warranty
12.1 The Products sold on the Website are covered by a 2-year warranty for manufacturing defects. The warranty does not cover damage caused by misuse, accidents, or unauthorized modifications.
12.2 In case of a warranty claim, the Buyer must provide proof of purchase and detailed information about the defect. The Seller will evaluate the claim and, if accepted, will repair or replace the defective Product at no cost.
13. Limitation of Liability
13.1 The Seller is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Products. The Seller’s liability is limited to the amount paid by the Buyer for the affected Products.
V. GOVERNING LAW AND JURISDICTION
14. Governing Law
14.1 These General Terms and Conditions of Sale are governed by Swiss law.
15. Jurisdiction
15.1 Any disputes arising from or in connection with these GTS shall be subject to the exclusive jurisdiction of the courts of the Canton of Ticino, Switzerland.
VI. FINAL PROVISIONS
16. Contact Information
16.1 For any questions or concerns regarding these GTS or any aspect of the purchase process, Buyers may contact the Seller at:
Ligo Electric SA
Via Ponte Laveggio 9
6853 Ligornetto/Mendrisio
Switzerland
Email: info@valera.com
Phone: +41 91 605 16 16
17. Validity of Terms
17.1 These General Terms and Conditions of Sale replace any previous versions and apply to all sales made through the Website from the date of their publication.
Last updated: July 23, 2024