TERMS AND CONDITIONS OF SALE
1.1. These General Terms and Conditions of sale (hereinafter “General Terms”) govern the sale of Products, carried out remotely via a digital network on www.lumacadeoro.com (hereinafter the “Website”) by a natural person (hereinafter the “Customer”) for purposes that cannot be associated with their professional activity.
1.2. The Website is owned by Soc. Agr. Tenuta Pra’ De Oro s.s., with registered office in Via Bastie 4 / a 31040 Portobuffole’ (TV) VAT No. 04887960260.
1.3. Studio Pessotto di Pessotto Jessica & C. S.A.S. (HEREINAFTER “COSMETICS SUPPLIER”), with registered office in via Bastie 4/a Portobuffole’ (TV) VAT No. 04921010262.
1.4. The Customer acknowledges that to purchase the Products sold on the Supplier’s Website, it is first necessary to agree with the terms of this contract.
2. SUPPLIER DETAILS
2.1. The cosmetics Supplier has its registered office in Portobuffole’ via Bastie 4 /a (TV)
2.2. The cosmetics Supplier uses the website www.lumacadeoro.com through which it also carries out e-commerce activities.
3. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE AND PURCHASE PROCEDURE
3.1. All purchases of COSMETICS carried out via the Website (hereinafter the “Purchase Contracts”) by Customers who access it are governed by these General Terms, as well as by the Italian Consumer Code (It. Leg. Decree no. 206/2005) and its subsequent amendments and additions (It. Leg. Decree no.21/214), as well as by Italian e-commerce legislation (It. Leg. Decree 70/2003).
3.2. The Cosmetics supplier publishes the Product offer on the Website, to be intended as an offer to the general public pursuant to art. 1336 of the Italian Civil Code, complete with information on the price, technical characteristics, availability, shipping costs, payment and shipping methods, and warranty.
3.3. The Customer will be able to purchase the Products offered by the cosmetics Supplier via the Website and according to the terms and conditions set forth therein, after successfully completing the procedure below:
b) Customers shall carefully read, accept and print out these general terms and conditions of sale;
c) Customers shall choose one of the available shipping and payment methods;
d) Finally, Customers shall confirm and send the order.
3.4. The contract is regarded as concluded when the Customer’s acceptance – provided only after he/she has read the information on personal data processing and submitted the data itself, as well as read, approved and printed these contractual general terms and conditions, provided his/her delivery address and chosen the desired payment option from those available – is logged on by the server where the pages of the www.lumacadeoro.com website are saved.
3.5. Before confirming the purchase and sending the order, the Customer will be shown the unit cost of each selected product, the total cost in case of purchase of several Products and the related transport and delivery costs.
3.6. The cosmetics Supplier will inform the Customer of receipt of the order, confirming the successful conclusion of the sales contract by sending an e-mail to the e-mail address specified by the Customer at the time of registration. The e-mail will report the total amount of the order and the details of the order itself.
3.7. When the order is completed by the cosmetics Supplier (handed over to the carrier/courier), the Customer will receive an e-mail confirming the shipment of the Products and also specifying the shipping identification code to track the order.
4. CONCLUSION OF THE CONTRACT
4.1. With the conclusion of the Purchase Contracts, according to the procedure, the Customer accepts and observes these General Terms.
4.2. Before making any purchase, the Customer is therefore required to carefully read these General Terms made available by the cosmetics Supplier, so that they can be reproduced and saved.
4.3. The cosmetics Supplier may modify, at any time and without prior notice, the content of the General Terms. The General Terms published on the Website in place when the purchase order is sent by the Customer will apply to each individual Purchase Contract.
4.4. The cosmetics Supplier is entitled to accept or not accept, at their discretion, the order sent by the Customer and the latter shall not be able to make any kind of claim or exert rights, in any capacity, even for compensation purposes, in case of non-acceptance of the order itself. Namely, the Supplier reserves the right not to accept purchase proposals and to cancel orders without sufficient guarantees in terms of solvency, i.e. if – even after liaising with the circuit that handles credit card payments – anomalies in transactions and in the means of payment used by the Customer are found.
5.1. All the Cosmetics offered are illustrated in detail on the Website under the respective sections, according to Product categories.
5.2. The visual representation of the Products on the Website, where available, is provided by way of example, usually with a photographic image of the Products themselves, with the sole purpose of presenting them for sale, without any guarantee or commitment by Studio Pessotto di Pessotto Jessica & C. S.A.S. about the exact likeness of the image on the Website with the actual Product. This applies particularly to its real dimensions and/or the chromatic aspects of the Products and/or packaging.
5.3. In the event of a discrepancy between the image and the written product sheet, the description of the product sheet shall always prevail.
5.4. Product availability – all products on sale and included on the Website are available at the time of purchase, subject to unforeseen unavailability in terms of supply by third parties (manufacturers – producers and/or suppliers) of Studio Pessotto di Pessotto Jessica & C. S.A.S. due to computer-based errors, stock failures, unreported unavailable stock, non-delivery due to a carrier strike, non-conformity of the product at the time of receipt and other causes not foreseeable at the time of acceptance of the order. Studio Pessotto di Pessotto Jessica & C. S.A.S. reserves the right to partially refund unavailable items in the orders or the whole order if the missing item is the only one in the order itself.
6. PRODUCT PRICES AND TAXES
6.1. All the Product prices are clearly indicated on the Website and are inclusive of VAT. The delivery costs are suitably highlighted when placing the order. The cost of each shipment may vary according to the delivery and payment methods, as well as to the destination and total amount of the order.
6.2. If expressly requested by the Customer at the time of placing the order and if said Customer has provided a valid VAT number or a valid Tax Code when registering the Customer Account, for every order placed on the website Studio Pessotto di Pessotto Jessica & C. S.A.S. will issue an invoice of the material sent.
The information provided by the Customer shall be regarded as valid to issue the invoice. No changes to the data can be made after the issue of the invoice itself.
7. PAYMENT METHODS
7.1. The Customer can choose one of the following payment methods: Advance Bank Transfer, Credit Card, PayPal.
7.2. ADVANCE BANK TRANSFER
This is an advance bank transfer, which means that the goods will be sent after the payment is actually paid to our current account.
The bank transfer must be made out FOR COSMETIC PRODUCTS to
Studio Pessotto di Pessotto Jessica & C. S.A.S.
Via Bastie 4 /a
31040 Portobuffole’ (TV)
The description to be reported on the bank transfer must the order number communicated to the Customer with the order confirmation e-mail.
7.3. CREDIT CARD
Payments can be made with any credit card belonging to the MasterCard and Visa circuit.
PayPal, a company belonging to eBay group, is a fast and secure payment system.
Once the order is completed and PayPal is chosen as the payment method, Customers will be redirected to the PayPal website, where they will be able to log onto their account by entering their e-mail address and password.
By choosing to pay with PayPal, the amount is debited directly on the assigned credit card (Visa, Visa Electron, MasterCard) or prepaid card (PostePay). PayPal protects the purchaser’s information, as no financial information is transmitted to the Supplier.
A confirmation e-mail from PayPal will be sent for every transaction carried out with this method.
If the order is cancelled, the amount is refunded on the Customer’s PayPal account.
8. DELIVERY METHODS, TIMES AND COSTS
8.1. The Customer shall bear the shipping and delivery costs of the Products purchased on the Supplier’s Website, as specified in the offer published on the Website during the purchase procedure in the “Shipping costs” area.
8.2. As clearly shown to the Customer during the purchase procedure, the shipping and delivery costs may vary according to the amount of ordered Products and the shipping and delivery methods chosen by the Customer.
8.3. The Customer may select one of the shipping and delivery methods available in the displayed grid.
8.4. The chosen shipping and delivery method affects the payment method choice: based on the selection made in relation to one of the shipping and delivery methods provided in the grid, the system will automatically provide only some of the payment methods indicated in the grid itself.
8.5. Payment of the price of the Products purchased on the Website and the shipping and delivery costs will be made according to the method chosen by the Customer among those available on the Website and compatible with the selected shipping and delivery option.
8.6. The purchased Products are delivered to the address specified by the Customer.
8.7. The goods are shipped by express courier. After payment, the goods are generally delivered within 48 hours (unless there is an unforeseen event affecting the carrier) from Monday to Friday during normal working hours (from 9am to 6pm). If the courier is unable to deliver the goods due to the absence of the recipient for two consecutive delivery attempts, the goods will be returned to the sender. If delivery is late, the customer must liaise with Studio Pessotto di Pessotto Jessica & C. S.A.S. 347239200 firstname.lastname@example.org.
8.8. When the Products are delivered by the courier appointed by the cosmetics Supplier, the Customer is required to carefully check the following:
– that thepackaging is not damaged or in any case altered.
– that the number of packages delivered matches the number reported in the transport document.
The Customer must immediately report any damage to packaging and Products or discrepancies in the number of pieces/packages or a report must be immediately submitted by providing conditional acceptance in writing (specifying the reason for the conditional acceptance, e.g. “packaging with a hole”, “crushed packaging” , etc.) on the proof of delivery of the courier. The Customer must also report this to the Supplier by specifying which order is affected by these inconveniences.
Once the courier’s document is signed, the Customer cannot make any objection regarding the external characteristics of the goods delivered.
8.9. If the goods are returned to the sender for reasons attributable to the customer, the second shipment will again be made with advance payment.
9. RIGHT OF WITHDRAWAL
9.1. The customer has 14 days (withdrawal period) to withdraw from the contract, without being required to provide any justification and without having to bear costs other than the ones required in art. 56 paragraph 2 and art. 57 of It. Leg. Decree no.21/2014, within 14 days.
9.2. The withdrawal period terminates after 14 days from the day on which the Customer or a third party, other than the carrier and designated by said parties, acquires physical possession of the goods, i.e. in the case of a contract relating to multiple goods ordered as part of one order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by said parties, acquires physical possession of the last item.
9.3. To exercise the right of withdrawal, Customers are required to inform Studio Pessotto di Pessotto Jessica & C. S.A.S. of their decision to withdraw from the contract via an explicit declaration (registered letter, fax or e-mail).
9.4. To comply with the withdrawal deadline, the Customer just needs to send in notice that he/she is exercising the right of withdrawal before the withdrawal period expires.
9.5. If the Customer withdraws from this contract, all payments made to Studio Pessotto di Pessotto Jessica & C. S.A.S. will be refunded, including delivery costs (except for additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered), without undue delay and in any case no later than 14 days from the day on which Studio Pessotto di Pessotto Jessica & C. S.A.S. will be informed about the decision to withdraw from this contract. These refunds will be made by using the same payment method used by the Customer for the initial transaction, unless otherwise expressly agreed. In any case, the Customer will not have to bear any costs as a result of this refund. The refund can be suspended until the goods are received or until the consumer proves that the goods have been returned, if this occurs sooner.
9.6. The Customer is required to return the goods or send them to Studio Pessotto di Pessotto Jessica & C. S.A.S. without undue delay and in any case within 14 days from the day on which Customers have communicated their withdrawal from this contract. The deadline is met if the Customer sends back the goods before the 14-day period expires. The Customer is only responsible for the reduction in value of the goods resulting from the handling of the goods other than necessary handling to establish the nature, characteristics and operation of the goods.
9.7. Anyhow, the Customer cannot exercise the right of withdrawal in the case of sealed goods that cannot be returned for reasons of hygiene or for health protection and that have been opened after delivery.
9.8. The direct costs to return the goods will be charged to the Customer.
10. CONFORMITY OF PRODUCTS
10.1. All the Products offered on the Website comply with national and EU legislation.
10.2. In case of a conformity defect of the purchased Products in relation to the description published on the Website and in case of a faulty or defective Product, the Customer is entitled to an immediate refund of the non-conforming item by liaising with the Supplier. The Customer is required to provide all the information, also through photographic reproductions, designed to highlight the damage or non-conformity of the Product. This will be followed by communication from Supplier-authorised personnel stating the refund method.
10.3. The images and colours of the Products published on the Website may differ from the real ones due to the local settings of the systems and/or tools used to view them.
10.4. In any case, without prejudice to the provisions relating to the legal warranty of conformity of the goods set out in the Italian Consumer Code (It. Leg. Decree 206/2005, Part IV, Art.102-135)
11.1. Customer complaints can be sent to the operational headquarters mentioned in point 2.1 or to the supplier’s e-mail address, email@example.com
12.1. The distance sales contract between the Customer and the Supplier is regarded as entered into and concluded in Italy and is therefore governed by Italian law. If the Customer is a consumer, civil disputes relating to the application, execution, interpretation and violation of the distance sales contract will fall under the jurisdiction of the relevant court where the Customer has his/her a residence or domicile, if located in Italy.
In all other cases (e.g. if the Customer has his/her residence or his domicile abroad), disputes shall by settled exclusively by the Court of Treviso.