General Terms and Conditions of Sale
Art. 1 - General Provisions
By browsing this area, the user accesses the Black Rain Factory website via the link: www.blackrainfactory.com. Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as indicated therein.
These General Terms and Conditions of Sale apply to the sale of products exclusively with reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (D.lgs. n. 206/05 as amended by D.lgs. n. 21/14 and D.Lgs. 70/03) by the company:
Black Rain Factory SRLS headquartered at: Via Cervantes 55/5, Naples 80133, Italy VAT number: IT10489851211 REA number: NA - 1109719
hereinafter referred to as: Black Rain Factory
The user is required, before accessing the products provided by the site, to read these General Terms and Conditions of Sale which are generally and unequivocally accepted at the time of purchase. We invite the user to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Black Rain Factory reserves the right to unilaterally modify without prior notice.
Art. 2 - Object
These General Terms and Conditions of Sale govern the offer, forwarding, and acceptance of purchase orders for products on www.blackrainfactory.com and do not govern, however, the provision of services or the sale of products by parties other than the seller who may be present on the same site via links, banners, or other hypertext links. We advise you to check their sales conditions before placing orders and purchasing products and services from parties other than Black Rain Factory.
Art. 3 - Conclusion of the Agreement
To conclude the purchase contract, it will be necessary to fill out the form in electronic format and send it following the relevant instructions. It contains a reference to the General Terms and Conditions of Sale, images of each product and its price, the payment methods that can be used, the methods of delivery of the purchased products, and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning purchased products. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the information on the right of withdrawal and the processing of personal data. The contract is considered concluded when the seller receives the completed form from the user, after verifying the correctness of the data contained therein. The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the "Pay Now" button at the end of the guided procedure. Upon conclusion of the contract, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered Users
When completing the registration procedures, the user agrees to follow the instructions on the site and to provide their personal data correctly and truthfully. Confirmation in any case exempts Black Rain Factory from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Black Rain Factory of any changes to their data at any time communicated. Should the user then communicate inaccurate or incomplete data or if there is any dispute by the interested parties about the payments made, Black Rain Factory will have the right not to process the order or to suspend the shipment of the goods until the relevant deficiencies are remedied. During the user's first request to activate a profile, Black Rain Factory will assign a username and password to this profile. Black Rain Factory recognizes that these identifiers constitute the user's validation system for accessing the Services and the only system suitable for identifying the user, and that the acts performed through such access will be attributed to the user and will have binding effect on them. The user undertakes to maintain the confidentiality of their access data and to keep them with due care and diligence and not to pass them on, even temporarily, to third parties.
Art. 5 - Product Availability
The availability of the product refers to the actual availability at the time the user places the order. This availability should however be considered purely indicative as, due to the simultaneous presence on the site of several users, the products may be sold to other customers before confirming the order. Even after sending the order confirmation email, partial or total product unavailability may occur. In this case, the order will be automatically rectified by canceling the unavailable product and the user will be immediately informed via email. If, following this communication, the user requests the cancellation of the order, with the termination of the contract, Black Rain Factory will refund the total amount paid within 14 days from the moment Black Rain Factory became aware of the buyer's decision to terminate the contract.
Art. 6 - Products Offered
Black Rain Factory offers a range of items including:
Machink (scalp micropigmentation machine)
Needles for scalp micropigmentation
Pigment for scalp micropigmentation
Batteries for Machink (with one-year warranty)
Gravity System Kit
The complete offer is detailed on our website at the following link: www.blackrainfactory.com.
Art. 7 - Payment Methods and Prices
The price of the products will be the one indicated from time to time on the site, except in case of an obvious error. In the event of an error, Black Rain Factory will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or cancellation. In any case, Black Rain Factory will not be obliged to provide what was sold at the lower incorrectly indicated price. The refund will take place in accordance with the provisions of Article 5, point 3 of this section of the general terms and conditions of sale. The prices on the site are expressed in Euros. VAT, import duties, and shipping costs are excluded. Prices are subject to change at any time. Changes do not affect orders already placed for which an order confirmation has already been sent. Once the desired products have been selected, they will be added to the cart. It will be essential to follow the instructions for purchasing, entering and verifying the information requested in each step of the process. Order details can be modified before payment. Payment can be made using the following payment methods: Credit Cards, Debit Cards, PayPal, Klarna for the purchase of products with the following options: Pay in 3 installments without interest, Pay later without interest giving customers up to 30 more days to complete payment. No interest.
Art. 8 - Transfer of Risk
The risks related to the products will pass to the buyer from the moment of delivery. Ownership of the products is considered acquired as soon as full payment of all amounts due in relation to them, including shipping costs, is received, or at the time of delivery, if this occurs later.
Art. 9 - Warranty and Commercial Compliance
Black Rain Factory is responsible for any defect in the products offered on the site, including the non-conformity of the items to the products ordered, according to the provisions of Italian law. If the buyer has entered into the contract as a consumer, i.e., any natural person who acts on the site for purposes unrelated to business or professional activities, this warranty is valid provided that:
the defect becomes apparent within 12 months from the date of delivery of the products;
the buyer formally files a complaint regarding the defects within a maximum of 2 months from the date the defect was recognized by the latter;
it is correctly communicated to customer service via email at: factoryblackrain@gmail.com
The warranty on the battery and the machine is one year as guaranteed by the factory. As for the Machink (scalp micropigmentation machine), the warranty offered by the manufacturing company is as follows:
Warranty Coverage: The scalp micropigmentation machine is covered by a one-year warranty from the date of purchase against defects in materials and workmanship under normal use. In addition to the one-year warranty, Black Rain Factory offers lifetime repair services for the scalp micropigmentation machine, ensuring its longevity and optimal performance.
Terms and Conditions: The warranty covers defects arising from non-human causes. Any damage resulting from misuse, negligence, or accidents is not covered by this warranty. If the scalp micropigmentation machine needs repair within the warranty period, Black Rain Factory will provide free technical support. However, the customer is responsible for the shipping costs associated with returning the product for repair. Besides this warranty, Black Rain Factory offers Gravity Care, a paid warranty of €99/year that covers any malfunction and includes immediate product replacement. By subscribing to Gravity Care, the customer will not incur any costs, including shipping costs. This warranty does not cover malfunctions due to events unrelated to the correct use of the machine.
Art. 10 - Data Processing
The buyer's data is processed according to the provisions of the legislation on personal data protection, as specified in the appropriate section containing the information pursuant to Article 13 EU Regulation 2016/679 (Privacy Policy).
Art. 11 - Safeguard Clause
In case one of the clauses of these General Terms and Conditions of Sale is null for any reason, this shall not in any case prejudice the validity and compliance of the other provisions contained in these General Terms and Conditions of Sale.
Art. 12 - Contacts
Any request for information can be sent:
via email to the address: factoryblackrain@gmail.com
by phone to the following phone number: +39 351 366 6772
by post to the following address: Black Rain Factory SRLS Via Cervantes 55/5, Naples 80133, Italy PEC: blackrainfactorysrls@pec.it
Art. 13 - Complaints
Any complaint must be addressed to: Black Rain Factory SRLS Via Cervantes 55/5, Naples 80133, Italy Email: factoryblackrain@gmail.com PEC: blackrainfactorysrls@pec.it
Art. 14 - Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and interpreted in accordance with it, without prejudice to any other prevailing mandatory rule of the buyer's country of habitual residence. Consequently, the interpretation, execution, and resolution of the General Terms and Conditions of Sale are subject exclusively to Italian law. Any disputes relating to and/or consequent to them must be resolved exclusively by the Italian Judicial Authority. In particular, if the user is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These terms and conditions were updated on: July 13, 2024
