TERMS AND CONDITIONS OF SALE
These terms and conditions govern the sales of products on the choix.it website and regulate their use.
- ART. 1 DEFINITIONS
- ART. 2 SUBJECT
- ART. 3 DESCRIPTION OF PRODUCTS
- ART. 4 PRICES AND ADDITIONAL EXPENSES
- ART. 5 REGISTRATION
- ART. 6 PROCEDURE OF PURCHASE AND CONCLUSION OF THE SALE
- ART. 7 METHOD OF PAYMENT
- ART. 8 TIMES AND SHIPPING COSTS
- ART. 9 PROCESSING OF THE ORDER, SHIPPING AND DELIVERY OF THE PRODUCT
- ART. 10 RIGHT OF WITHDRAWAL
- ART. 11 LEGAL WARRANTY
- ART. 12 FORCE MAJEURE
- ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
- ART. 14 FAILURE TO EXERCISE A RIGHT
- ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)
- ART. 16 APPLICABLE LAW AND JURISDICTION
- ART. 17 DISPUTE RESOLUTION
- ART. 18 COMMUNICATIONS
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Seller: Exté co. Di Rota Eugenio with registered office in via cesare Cantù n.44, Novedrate (CO) VAT number 02349300133, email: email@example.com
Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.
Platform or Site: the website www.choix.it
Users: any person who accesses the Site and continues browsing it, who decides to register on the Site, creating a specific account and entering their data, as indicated later in these Terms and Conditions.
Customer: any person who purchases the products sold through the Site.
Consumer: the natural person who acts for purposes unrelated to professional activity
Products: e-commerce retail sales, mainly of soaps, accessories and the like.
Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Shopping Cart.
Purchase: the onerous purchase of the above products from the day of conclusion of the purchase.
Cart: the phase of the purchase procedure in which the User makes his purchase proposal, selecting the payment methods, delivery of the goods and the like.
Electronic Commerce: particular mode of commerce, governed in Italy by the Consumer Code and the Electronic Commerce Decree, whereby the two contracting parties conclude the distance contract thanks to the services of the information society without their physical and simultaneous presence. Given the distance, the delivery of the products is not contextual and usually takes place via shipment through third party operators (couriers / forwarding agents).
ART. 2 SUBJECT
These Terms and Conditions of sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who, as a Consumer in accordance with the regulations in force, makes a purchase on the Site. If one of the conditions is void or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ART. 3 DESCRIPTION OF PRODUCTS
The Site deals with the retail sale, under the Electronic Commerce regime, mainly of Soaps with an innovative formula and with the use of high-level raw materials and active ingredients for face, body and scrubs and the like, in the formats, types and fragrances indicated in the website. Cosmetic products in general and cosmetic accessories are also sold. The Products and offers contained on the Site will be available and valid as long as they remain online. On the Site, each product sheet shows the list price and any promotional discount applied. All the products offered are described and illustrated on the Site, in the respective sections. The images of the Products on the Site are for demonstration and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic / photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site do not therefore constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if they are significant.
ART. 4 PRICES AND ADDITIONAL EXPENSES
The prices of the Products are shown in euros. All sales prices of the Products must be understood as inclusive of VAT. In particular, in the Purchase Order form, in the Order confirmation and in the relative invoice, the following will be reported in detail:
– the price of the Product;
– any other taxes, if due;
– delivery costs if due.
The prices of the online store may vary.
In such cases, the prices published at the time of the Order on the online store are considered.
ART. 5 REGISTRATION
In order to be able to make purchases at the Site store, the User can make a specific registration. Upon registration (account opening) the User will be asked to provide certain data such as the name, e-mail address and a password, which the User will take care to keep, keep, keep secret, use on his own and not sell. . The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. In this case, you will be asked to leave the information strictly necessary for the purchase and delivery of the Products. It is forbidden to use temporary emails for registration. You can also register using your Facebook or Google account. All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them exclusively to complete orders and only in the event that explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ART. 6 PROCEDURE OF PURCHASE AND CONCLUSION OF THE SALE
ART. 7 METHOD OF PAYMENT
Once the purchase Order has been made, the Customer undertakes to pay the price of the Products requested and any shipping costs according to the methods provided on the Site and actually available for the specific Products selected.
The payment methods generally available on the Site are the following:
1) Payment by bank transfer
In this case, the Order is deemed to have been fulfilled when the Seller will receive the actual credit on his bank account, which must take place within 2/3 working days of its execution. After this deadline, the Order will be considered automatically canceled. The dispatch of the order will take place only when the amount due is actually credited to the Seller’s current account.
The bank transfer must indicate the reason, name and surname of the customer and the order number. The operation can be carried out using the bank details that will be indicated in the cart at the time of purchase.
If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account easily and immediately. PayPal protects the buyer’s information as no financial information is passed on. A confirmation e-mail from PayPal will be sent to each transaction performed with this method. The amount of the order is debited from the PayPal account at the time of order acquisition. In the event of cancellation, the amount will be refunded to the Customer’s PayPal account.
ART. 8 TIMES AND SHIPPING COSTS
The Seller will carry out the delivery of the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. The Products shipped in Italy are delivered within 3-5 working days and within 7 working days in remote areas and islands. Products shipped within the European Union are delivered within approximately 5-8 working days from shipment. The delivery terms indicated above are purely indicative and not essential. Any variation to the above will be promptly communicated via e-mail to the Customer.
The cost of shipments is free for orders above certain thresholds that will be indicated by the Seller on the website. While for orders below the established threshold, the cost will vary according to the type and place of delivery.
ART. 9 PROCESSING OF THE ORDER, SHIPPING AND DELIVERY OF THE PRODUCT
At the time of shipment of the package, the tracking number will be sent by email, which will allow you to follow the entire route of the shipment by going to the carrier’s website. The presence of the customer is required at the time of delivery. The Customer must check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order Confirmation. In the event that a product arrives that has been damaged during transport or different from the one ordered, the Customer must accept the same with reserve or refuse delivery of the Product which will be returned to the Seller. In case of conditional acceptance, the Customer must accurately document with photograph all the unpacking phases of the goods and the goods themselves, so as to be able to demonstrate any damage. The Customer may request the replacement from the Seller by e-mail and the Seller will collect the product to be replaced at the Customer’s home and at his own expense and return the correct product. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including the transport documents. In any case, the Seller will contact you as soon as possible to be informed about the timing of product replacement.
ART. 10 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain a refund of the expense incurred within 14 days.
To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to notify the Seller of wanting to withdraw in whole or in part from the purchase by means of any explicit declaration to that effect such as registered letter with return receipt, pec, e-mail using also the following Withdrawal Form. Within the same term, the Customer must arrange, using a shipping method of his choice, for the shipment of the goods reinserted in their original packaging, intact and in perfect condition, complete with all its parts, and carefully packed at the Seller’s headquarters. The package must include all documents received. Cash on delivery packages will not be accepted.
The only expenses required are those relating to the return of the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. The costs incurred for the return of the goods are excluded from the reimbursement. The refund will be made in the same way as for the payment. The transport risks for the return of the Products are fully borne by the Customer, as well as the costs necessary for the return of the Products subject to withdrawal.
Without prejudice to the above, it is finally recalled that the Customer is responsible for the decrease in the value of the Products resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.
The Customer acknowledges and expressly accepts that:
– the right of withdrawal does not apply to products received more than 15 working days later (in this case the return of the goods will be refused).
– the right of withdrawal cannot be exercised in the event that the purchased products have been used or the original packaging has been modified.
ART. 11 LEGAL WARRANTY
In case of receipt of non-compliant or defective Products, the Consumer Customer has the right to the legal guarantee of 24 (twenty-four) months. In case of receipt of Products that do not comply with the orders or that are defective, the Customer must notify the Seller by e-mail within 2 months from the discovery of the lack of conformity, attaching a photograph certifying the defects found. The Consumer has the right to restore, without charge, the conformity of the goods by replacement, or to an adequate reduction in the price unless the requested remedy is objectively impossible or excessively burdensome compared to the other.
One of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the Seller compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer.
The Consumer can request, at his choice, an appropriate price reduction or the termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively expensive;
b) the seller has not replaced the goods within the appropriate term;
c) the replacement previously carried out has caused considerable inconvenience to the consumer.
In determining the amount of the reduction or the sum to be returned, the use of the property is taken into account.
After reporting the lack of conformity, the seller can offer the Consumer any other remedy available, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the expiry of the appropriate term, unless the consumer accepts the alternative remedy proposed;
b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy.
A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
ART. 12 FORCE MAJEURE
The Seller assumes no responsibility for inefficiencies attributable to force majeure, such as accidents, strikes and / or lockouts, earthquakes, pandemics, floods and other events of an unpredictable nature that prevented, in whole or in part, from giving execution of the contract on schedule.
The Seller is not responsible towards the Customers for any damages, losses and costs incurred as a result of the failure or delay in the execution of the contract, since the Customer is only entitled to a refund of the price paid.
The Seller is not liable for damages deriving from disconnections, interruptions of the Site, as well as for the loss of data consequently occurring and attributable to the same.
In case of force majeure, the execution of the Order will be suspended.
This suspension may last for a maximum period of 3 (three) months, after which the Order will be deemed automatically canceled.
ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the related sub-domains and all the related intellectual and industrial property rights are the exclusive property of the Seller, are reserved to it and are not nor will they be transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, also retransmit on other websites, transfer or otherwise make available to third parties for any reason whatsoever or in any case use for purposes other than conservation and / or consultation of the Sites and / or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 14 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right does not represent any waiver of action against the Customer or against third parties for the breach of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.
ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)
ART. 16 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and resolution between the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive competence of the court of the judge of the consumer’s place of residence (so-called consumer court).
ART. 17 DISPUTE RESOLUTION
According to article 49 paragraph 1 letter V of Legislative Decree n. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the ODR platform of the European Union. For more information contact the Seller.
ART. 18 COMMUNICATIONS
For further information of any kind, you can contact the Seller at the following addresses: firstname.lastname@example.org
Pursuant to art. 1341 and 1342 cc, the Customer declares to have carefully read and accepted all the clauses of these Terms and Conditions of sale and in particular those of articles 3, 9, 10, 11, 12, 13, 14 and 16.