ROAR Cosmetics Terms of Sale
These terms and conditions govern the sale of goods on the website https://roarcosmetics.com (to which traffic may also be conveyed by the APP called ROAR ID). The discipline of these conditions of sale is then supplemented and completed with the legal texts that regulate Navigation in the Service. The user is invited to read carefully both this text and the other related texts(Terms and Conditions of Navigation of the Service, Privacy Notices, Definitions, etc.). The user can consult the texts, and download them, at the following page: Terms and Conditions e Privacy. The reference texts are those in force at the time of the fact to which they refer: for Browsing therefore the texts in force at the time of browsing are taken into account, for Registration to the Service those in force at the time of registration, for Purchases those in force at the time of purchase .
The language of the Terms of Sale is the Italian language. Any other languages constitute mere translations of the same, but in case of conflict or doubts of interpretation, reference will be made to the Italian language.
1. THE SELLER.
1.1 The goods are offered for sale to the general public of consumers at www.roarcosmetics.com By:
ROAR Europe Limited - C102775
The Victoria Centre, Unit 2
Lower Ground Floor, Valletta Road
Mosta MST 9012
1.2 In dealing with Buyers, communications (withdrawal, warranty, various requests) should be addressed to the Seller at the email addresses indicated in the individual chapters and sections of the site.
1.3 It is understood between the parties that in the event of an assignment, sale, merger and any other subjective change of the Seller, all existing legal relationships are automatically and without the need for further consent transferred to the successor entity, which then assumes all rights, obligations and legal relationships pertaining to the Seller.
2. THE BUYER.
2.1 It is the User who buys goods on the online sales platform. He/she must be a person who is 16 years of age or older.
2.2 Except in the case of Guest Logout, the Buyer coincides with the registered User, therefore like the latter is obliged to enter truthful data and carefully keep the credentials to access the service. The rules provided for the User in the Terms and Conditions of Navigation apply to the Buyer, since only those who are registered to the service can proceed with the purchase (with the exception of Guest Logout to which, however, the provisions of the Service apply, insofar as compatible).
ALSO COMPUTER DOMICILE OF THE BUYER:
2.3 The Buyer shall be presumed to be physically domiciled at the place indicated in the registration, which will be assumed, unless changes indicated by the Buyer during the purchase process, as the destination address of the goods, as well as the Buyer's computer domicile, for communications related to this Service, the e-mail box indicated in the registration (or the telephone number for push notifications in the case of APPs).
2.3.1 The Buyer may proceed with the purchase as a "Guest logout": in this case, the same is not enrolled in the service as a User and the system does not retain his data except for the purposes of the law (e.g. tax data, those necessary for shipping, pending the expiration of the withdrawal, for the warranty, etc.) and for the shipment of the good to the address that is entered in the "guest logout" form. The Buyer who proceeds to purchase in this form must, at a subsequent purchase, re-enter the data or subscribe to the service as a User. Any communications will then be sent to the email address entered in the Guest Logout procedure.
3. THE GOODS.
3.1 The products, goods or services, can be viewed in the catalog published at www.roarcosmetics.com.
3.2 Each product, from the moment it is published with specific Information Sheet on the Website or App, and unless explicitly stated otherwise by the Seller, is understood to be offered to the public, subject to the availability of pieces of the product itself by the Seller. This means that the Buyer, having seen the offer, is free to simply decide whether to accept that offer and buy or not to accept it and not buy.
PRODUCT INFORMATION SHEET
3.3 A separate Information Sheet is dedicated to each product, which states the following:
- Description of the product, including with photographs (referring to the typical product of which the one being purchased is a specimen), the type, features, functions, uses and the results that can normally be expected from its use: where the description is not deemed sufficient or accurate enough, the Buyer may still request clarification and specification from the Seller at email@example.com
- Of quantity (e.g., of pieces per purchase, weight, etc.) and quality if relevant;
- Indication of any suitability of the goods for particular uses, especially if requested by the Buyer BEFORE the conclusion of the contract. In such a case, the contract is concluded only if the Seller has given confirmation of the suitability indicated by the prospective Buyer.
- EVIDENT indication of particular INIDICATIONS of the good for uses to be expected of it or relating to the purposes for which goods of the same kind are normally employed. In such cases an acceptance by the Buyer is required.
- Special indications related by the durability of the asset (for meaning see note1 ).
- Indication of accessories included or not included in the sale, necessary or otherwise useful for use or operation of the good;
- Indications regarding particular ways of practicing warranty or customer care (e.g., repair with refurbished parts, assistance only in certain languages, etc.);
- Possible need for maintenance, spare parts or periodic replacement of the product;
- Indication of special risks in the use of the asset;
- The manufacturer, date or batch of manufacture, method of manufacture, geographical origin;
- The importer, if any, if different from the Seller and if the good is produced outside the EU borders;
- Any tests or trials to which it has been subjected (if known to the Seller);
- If digital products (NFC pairing with activation APP is considered such in this sale): Indication of any compatibility (see meaning in footnote2) and interoperability (see meaning in footnote3) - or exclusion of compatibility and interoperability where the Buyer may expect them in view of the nature of the good and Possible presence of updates, the manner in which they are to be carried out and the consequences of failure to update; WARNING: If the Consumer fails to install within a reasonable period of time the updates provided, the Seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:
a) the Seller has informed the Consumer of the availability of the update and the consequences of the Consumer's failure to install the update; and
b) the Consumer's failure, or failure to install the update is not due to deficiencies in the installation instructions provided by the Seller to the Consumer.
- The number of pieces available, it being understood that the system is not able to monitor with absolute precision and in real time the stock in the warehouse, either because of any simultaneous orders (in case there are for example five pieces and in the span of a few moments six orders are placed by different customers all will see the product as available, but in fact there will not be enough products to satisfy all buyers: in which case preference will be given to those who finalized the order first), either because of unforeseeable shortages or stock-outs or failure to coordinate warehouse sales service. In the event, therefore, that the product, indicated as available, in fact is not, the Seller will send a notice to the Buyer to inform him of the circumstance. In that case, it will be the Buyer's choice, with the reply, whether he prefers a full refund of the amount paid, or to wait for the possible subsequent availability of the good. The Buyer, in the event that the good is not available, may activate the function of NOTIFY AVAILABILITY: in this case he will receive a communication as soon as the product is available again. In the meantime, the contract remains suspended in relation to the temporarily unavailable good.
- The price, in all its components (see the chapter on Price in these Conditions of Sale), with specification that the amount indicated refers to a single piece and with the least expensive means of shipment among those made available to the Buyer by the Seller;
- Payment methods accepted;
- The delivery time if predictable;
- Mention of withdrawal option if provided, link to relevant section;
- Mention of the existence of the conformity warranty;
- Link to after-sales service page;
- Link to terms and conditions.
3.4 The characteristics of the property and all information contained in the Schedule shall be understood to be as existing at the time of purchase.
1 durability: the ability of goods to maintain their specific functions and performance through normal use;
2 compatibility: the ability of the good to work with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software;
3 interoperability: the ability of the good to operate with hardware or software other than those with which goods of the same type are normally used;
4. THE PRICE.
4.1 The price that appears in the information sheet ( or at any rate, in the case of several purchased pieces, before the conclusion of the contract) shall be understood as the final price you pay for the good, including shipping, taxes, fees and other accessories.
4.2 The price shown in the information sheet is referred to a single good and with the least expensive means and type of shipping among those made available to the Buyer in the service.
4.3 The Buyer may choose from among the different types of shipping made available by the Seller. Where the Buyer chooses a shipment other than the least expensive shipment, from among those nevertheless made available by the Seller, the price shall increase accordingly and shall be borne by the Buyer. The price of each type of shipment will still be made available to the Buyer.
4.4 In any case, the price variation due to the choice of shipping type will be consulted by the Buyer before the confirmation of the purchase.
4.5 If the Buyer intends to request shipment by a means or type other than those made available to him by the Seller, he shall make an express request before proceeding with the purchase, and may proceed with the purchase only if approved by the Seller. In such case, the Seller will indicate the price of the goods, excluding shipping charges (including specific taxes), which shall be the direct responsibility of the Buyer.
4.6 Prices are given in Euros.
4.7 Where the number of pieces purchased or the variety of them affects or may affect the final price (especially the shipping portion of the price), the customer will be given information of the total price with the UPDATE PRICE function or similar.
4.8 In any case, the total price, including shipping costs and referring to the total number of pieces purchased, will always be visible before the confirmation of the purchase order with obligation of payment.
Communication medium cost used for the service:
4.9 Costs of using the remote means of communication: the service operates by connection to the Internet. It is the Buyer's responsibility to check the connection costs of his or her tariff plan, which do not depend on the Seller.
5. TECHNICAL STEPS.
5.1 The technical steps of concluding the contract for the purchase of the good or service are those resulting from the sequence of pages in the wizard that appears on the Service.
In each case, the steps are as follows:
- Identification of the good(s) to be purchased: the Buyer, in navigation, consults the product information sheets, selects them using the ADD TO CART function;
- Cart Selection: the Buyer sees the total of the goods placed in the cart, showing the cost of each good and the total, including shipping costs;
- Recipient selection: the Buyer enters the data of the recipient of the goods, i.e. the person to whom the purchased goods will be sent, by entering in the appropriate form first name, last name, geographical address to which the goods are to be delivered, telephone number (the latter data is often necessary for the Courier in order to ascertain the availability of the recipient for delivery purposes).WARNING: the system assumes that the recipient is the same person registered to the Service (to the website or App) and therefore pre-fills the fields with the data of the registered User. Where you want to have the good delivered to a person other than the User-Buyer, you must fill out the form with such different data (the Buyer assumes the responsibility for communicating to the System the data of the third person, which will be processed and stored only for the purpose of executing the shipment).
In case of choosing a quick payment method, which allows the purchase to individuals who are not registered with the Website or App Service (such as for example pay pall, stripe or Guest Logout) the shipping address will be the one that the Buyer has indicated to the payment method provider and only data that cannot be obtained from that source (for example, the telephone number if not available) will be asked from the Buyer, if any.
- Payment Method Selection: consists of choosing, from the options allowed by the Seller, the payment method preferred by the Buyer. Please refer to the appropriate section of this text for the type and possible costs of such payment methods.
- Specification of whether or not to request an invoice: the Buyer may request the issuance of an invoice, but must exercise this option no later than the submission of the order, specifying the tax data (in addition to the personal data then, the Tax Code)
- Possible acceptance of the lack of conformity/suitability by the Buyer (see point 3.3).WARNING: since the next point involves a contractual commitment by the Buyer, it is a good idea for the latter to check all the data entered, and if there are any that are incorrect, to correct them by going back in the wizard to the section containing the data or option he intends to modify. In fact, the data entered, after the conclusion of the following point, are no longer technically modifiable, and if the Buyer intends not to confirm them, he must activate the withdrawal procedure or, where applicable, the procedure for revoking the order.
- Purchase: provided and received all the information referred to in the previous steps, the Buyer may decide to proceed with the purchase of the goods placed on sale by typing the appropriate button. The contract is concluded with the typing of that button and the actual receipt of payment by the Seller.
- Sending, by the Seller, summary email, containing the following information:
A) List of the goods purchased with links to the relevant information pages and image with description of the good;
B) Total price of the purchase with specification of the individual items (price of each good, shipping costs, taxes taxes and accessories);
C) Payment method chosen by the Buyer;
D) Scheduled delivery terms and the Buyer's rights in case of failure to meet such terms;
E) Professional Seller and contact details (including computer) for complaints, warranty, returns or other communications;
F) Terms and methods of execution of the right of withdrawal;
G) Methods of exercising rights relating to the conformity guarantee;
H) Contact address of Customare Care;
I) PDF file with attached text of the Terms of Sale applied to the contract;
PLEASE NOTE: the email referred to in this point is sent by the Seller, but the contract has already been concluded and if the Buyer intends to renounce the purchase he/she will have to activate in any case the withdrawal procedure or even the procedure of revocation of the order where the latter is provided for.
6. METHOD OF PAYMENT
6.1 The Buyer, to pay for the purchased goods or services, may choose from the payment methods indicated by the Seller (already in the information sheet).
Methods of payment not provided:
6.2 Where the Buyer intends to pay by a method other than those made available to him/her by the Seller, he/she shall explicitly request permission from the Seller before proceeding with the purchase. . In the absence of explicit authorization, the contract will not be finalized.
Time of the choice of payment method
6.3 The choice of payment must be made at the time of ordering (see the item on the technical steps of concluding the contract) and, once selected, cannot be changed.
Who manages the means of payment:
6.4 In any case, the payment methods are the sole responsibility of the companies (payment providers, banks, online checking account issuing or managing institutions, credit card issuing or managing institutions, etc.). The Seller does not collect payment fees from the Institutions, and does not impose any payment surcharges for choosing one payment method over another.
Unauthorized or inaccurate charges:
6.5 WARNING: In the event of unauthorized or inaccurate charges, the Buyer is urged to promptly report the circumstance to the Seller, who will give full cooperation, by email to the following address firstname.lastname@example.org
In any case, the Buyer may apply to his or her bank, or to the institution that issued or operates the credit card, to demand the return of the amount unduly charged to him or her.
6.6 The system accepts the credit cards listed on the site.
6.6.1 In case of purchasing the good by credit card, the transaction will be authorized at the time of the order.
6.6.2 In any case, if a credit card is chosen as the payment method, the customer is redirected to the respective platform of the bank or institution that issued the card and/or handles online payments on its behalf, without the Service of Sale of Goods receiving any communication from that platform other than those relating to the authorization or non-authorization of the payment, the execution or non-execution thereof. In the event that data relating to the credit card is entered into the database of the Online Sale Service, prior to redirection to the payment platform, this data will not be stored in any way by the Service itself and in any case the transmission of the data will be done in encrypted form.
6.6.3 The credit card payment method is allowed only if the cardholder is the Service User, i.e., the one who places the purchase of the good or service online.
184.108.40.206 The Service has the authority to request additional information, beyond that provided, or documents from the customer in order to verify credit card ownership.
6.6.4 Revocation or Withdrawal: In the event of revocation of the order, or in the event of withdrawal, ROAR will request the platform handling the credit card payment to cancel the payment or return the amount or part thereof as the case may be. It is understood that ROAR can only ensure the timely request, while both the actual cancellation of the payment and the return of the same are performed by the institution that issued and handles the credit card, and therefore will depend in the manner and timing on the same. In any case, customers are invited to consult their credit card issuing service and its terms and conditions of use. PAY PAL, STRIPE or other payment providers.
6.7 PAY PAL /STRIPE/SATISPAY/SISAL PAY (and in the future other similar providers), generally referred to as Payment Providers: The Customer may also choose to pay through one of the Payment Providers (online or at licensed merchant locations) chosen by the Seller. The Customer who chooses this form of payment is directed to the respective Payment Platforms.
6.7.2 It is possible for users who make payment through Provider to proceed with the purchase without registering for the service (Cd Guest Logout). In this case, the good will be delivered to the address of the Payment Provider account holder at the email address provided by the Provider to the Seller.
6.7.3 Withdrawal: In the event of a withdrawal, ROAR will request from the Provider the cancellation of the payment or the return of the amount or part thereof as the case may be. It is understood that ROAR can only ensure the timely request, while both the actual cancellation of the payment and the return of the same are performed by the Provider, and therefore will depend in the manner and timing on the same. In any case, the Customer is invited to consult the Provider's terms and conditions of use.
GOOD or GIFTBOX
The Buyer may pay for the product by use of a Gift Card or Voucher. Payment is made by entering the Gift Card code in the space provided. Once the code is entered, the Gift Card is understood to have been used, and can no longer be reactivated. In case of withdrawal or revocation of the order, if the latter is provided and allowed by the system, a new gift card code will be issued to the Buyer who has exercised these rights (revocation or withdrawal), which will replace the previous one and can be reused for future purchases. On the other hand, in case of withdrawal or revocation of the order, there is no provision for the return of the amount to the user of the gift card.
Where (in which Cities or States):
7.1 Delivery of the goods can be made throughout the territory of the European Union.
7.2 As already stated, the number of pieces indicated as available may not be true. This is because the system is not able to monitor with absolute precision and in real time the stock in the warehouse, either because of possible simultaneous orders (if there are, for example, five pieces and in the space of a few moments six orders are placed by different customers all will see the product as available, but in fact there will not be enough products to satisfy all buyers: in this case those who have completed the order first will be privileged), or because of unforeseeable shortages or stock shortages or lack of coordination of the service. In the event, therefore, that the product, indicated as available, in fact is not, the Seller will send a notice to the Buyer to inform him of the circumstance. In that case, it will be the Buyer's choice, with the reply, whether he prefers a full refund of the amount paid, or to wait for the possible subsequent availability of the good.
Methods, Means of Shipping, and Costs:
7.3 Goods are delivered to Buyer by shipment, using means and methods of shipment proposed by Seller.
7.4 Delivery costs, which are part of the sale price, may vary depending on the type and means of shipping, among those made available by the Seller, chosen by the Buyer. In any case, the Seller shall publish on the service the means and methods of shipping that it makes available to Buyers, with specific indication of the costs.
7.5 The Buyer, by notice to be given to the Seller prior to the conclusion of the purchase contract, may choose a means or type of shipment other than those made available by the Seller. Such choice shall be explicitly authorized by the Seller prior to the conclusion of the purchase contract.
Where (recipient specified by the Buyer and shipping address):
7.6 The Goods are delivered to the address indicated by the Buyer (see sales steps item). It is therefore assumed that all persons at the delivery address given by the Buyer are designated and authorized by the Buyer to receive the Goods. Where the Buyer wishes to exclude any such person from the list of persons presumed to be designated, the Buyer shall expressly notify the Seller prior to placing the purchase order.
7.6.1 In any case, the Buyer, where there are foreseeable difficulties in reaching the destination address of the goods (road difficult to reach, narrow, reachable only on foot, difficulty in loading the goods if scheduled delivery to the floor, etc.), shall promptly notify the Seller, before the conclusion of the contract. In such a case, upon such notification, the contract will be concluded only when the Seller, having taken note of the delivery difficulties, nevertheless declares his intention to sell the goods and deliver them to the consignee. In any case, any aggravation of costs due to the reported difficulties will be borne by the Buyer, who will nevertheless be informed of the aggravation of costs prior to the conclusion of the contract.
7.7 Notwithstanding the preceding paragraph (i.e., that all persons at the destination address are presumed to be authorized to collect the Goods in the name and on behalf of the Buyer), the Goods may also be delivered to a person other than the Buyer in particular if the Buyer designates such person as the recipient of the delivery (e.g., in the case of a gift) by filling in the appropriate fields (the field relating to the recipient of the Goods may be different from the Buyer's). In such a case, the delivery shall be perfected having regard to such person designated as recipient, and in respect thereof the time periods provided for in this Contract and by law shall run (e.g., precisely on the subject of delivery, but also on the subject of withdrawal).
Passage of risk:
7.8 If a means or method of shipment is used from among those offered by Seller, the risk of loss, destruction, spoilage, or damage to the Goods shall pass to Buyer only at the time the Goods are delivered by the Courier to Buyer or to a person designated to receive the Goods. If, therefore, such events occur prior to delivery to the Buyer they shall not be chargeable to the Buyer.
7.8.1 Otherwise, where the Buyer has chosen a means of shipment or delivery other than those made available to it by the Seller, the risk of loss, destruction, spoilage or damage to the Goods shall pass to the Buyer at the time the Goods are delivered to the Carrier chosen by it (and precisely other than those made available by the Seller). In any event, the Buyer may assert its rights, in the latter case, against the Carrier.
Cautions in case of suspected damage to property:
7.9 In any case, if the goods are fragile, or if there is, for any reason, doubt or suspicion that the goods are damaged, it is represented that the Buyer has the right to refuse the delivery, or to accept it with reservation (having such form of acceptance, and the reason for it - for example because the package is damaged - noted to the Carrier). It is also advisable to document, with photographs or other similar arrangements, any damage to the goods or to the packaging or wrapping. It is advisable for the Buyer, in addition to mentioning the rejection or acceptance with reservation, to contact the Seller's after-sales service immediately.
Delivery time and remedies in case of delay:
7.10 In any case, delivery shall be made without delay, and in any case not later than 30 days after the conclusion of the purchase contract by the Buyer.
7.10.1 CAUTION: The time limit shall also be deemed to be met in the case of access to the address in the absence of the Buyer or designated persons. In such a case, the Carrier will normally make a second access, leaving notice of the first attempt to the Buyer. The Buyer therefore shall not be able to complain of failure to meet the deadline where the failure to deliver was due to his absence at the delivery address. Where the Buyer is aware of days or times of absence, he shall notify the Seller or the chosen Carrier. In the event, therefore, two visits are made to the address indicated by the Buyer for delivery, and both are unsuccessful, a notice will be sent to the Buyer requesting confirmation of the Buyer's intention to receive the goods. In the event that the Buyer does not respond to the communication that is sent to the email address communicated by the same to the Service, or communicates that it does not intend to receive the good, the effects of withdrawal (for which see the relevant chapter of these conditions of sale) will be produced on the same.
7.11 Case of Delayed Delivery: If the goods are not delivered within the term indicated by the Seller, or in any case within 30 days of purchase, the Buyer shall have the right to set a further (appropriate) term for delivery. If this deadline also expires without delivery having taken place (except in the case of the Buyer's absence as indicated above), the Buyer shall have the right to terminate the purchase contract, promptly receive a refund of the price paid, as well as the right to compensation for the damage suffered as a result of the non-delivery of the goods.
7.11.1: The Buyer does not have to set a new term, and the contract is terminated immediately (thus resulting in the right to reimbursement of expenses incurred in the purchase, in addition to the right to damages) in the following cases:
- If the Seller expressly refuses to deliver the goods;
- whether, taking into account the objective circumstances surrounding the contract, the delivery period should be said to be essential (and is such when, after such a period has passed, the Buyer no longer has an interest in receiving the goods);
- if the Buyer has informed the Seller, prior to the purchase, that delivery within a given period is essential (i.e., that for the Buyer delivery after that period is not useful and is not accepted: think of the case of makeup for the bride that must be delivered before the wedding of course).
ATTENTION: in the latter case, the imposition of the essential term decisively affects the conclusion of the contract: the contract will therefore not be concluded, as provided above in point no. 5 of the technical steps, with the sending of the order and payment, but at the moment when the Seller, having taken note of the maximum delivery term indicated by the Buyer, accepts this term.
7.12: Any communication regarding non-delivery, late delivery and any communication regarding delivery shall be made by sending email to the following address email@example.com
What is Buyer's Withdrawal?
8.1 The right of withdrawal is a simple right of second thought.
8.2 Therefore, the Buyer does not have to justify it, and may exercise it even when the product is fully efficient and conforms to the description made of it by the Seller, but he (the Buyer) has simply changed his mind and, after receiving it, intends to return it and obtain a refund of the price.
8.3 In case the purchase was for several (numerous) goods, withdrawal may be exercised even for some of them only. It cannot, on the other hand, in the case of a single good that is composed of several elements, including accessories but sold as a single good precisely, be exercised only with respect to parts or components of the good.
8.4 WARNING, PLEASE NOTE difference between withdrawal and warranty: withdrawal may be exercised with respect to goods that are received intact and in working order, and that meet the description made by the Seller. If, in fact, the goods are not intact, do not work or are different from those described, the Buyer shall or may activate the CONFORMITY GUARANTEE procedure and not WITHDRAWAL. It is therefore assumed that, in case of withdrawal, the good has reached the Buyer undamaged and in working order.
Time limits for exercising withdrawal:
8.4 The right of withdrawal may be exercised within 14 days from the date of delivery of the goods to the Buyer as indicated above under delivery.
8.5 Upon receipt of the good, and subject to the exceptions noted below, the Buyer may elect not to retain the good and return it to the Seller.
In this case, he should use the form provided by the Seller, or send an email to firstname.lastname@example.org with the following Subject: declaration of withdrawal. In such an email the Buyer, in addition to communicating the desire to withdraw (thus return the goods and obtain a refund), will take care to specify the order number, the link of the object for which he withdraws in order to allow the Seller to properly activate the withdrawal procedure.
8.5.1 The Seller will respond to the notice received by providing the Buyer with instructions for the return: in particular, it will indicate the shipping address and remind the Buyer of the shipping costs, if any, which also depend on the carrier chosen by the Buyer for the return, instructions for packing and any accompanying documents to be included in the shipment.
220.127.116.11 PLEASE NOTE: Simply shipping the goods to the Seller without sending the above notice does not constitute exercising the right of withdrawal.
8.5.2 The Buyer shall then ship the goods to the address specified by the Seller within 14 (fourteen) days after sending the notice of withdrawal to the Seller as stated above.
8.5.3 The Seller shall finally refund the sums, as set forth below, within fourteen days after receipt of the statement of withdrawal. However, the Seller may withhold the refund until it has received the goods or until the Buyer has demonstrated that it has shipped the goods.
8.5.4 In any case, upon receipt of the goods, the Seller shall have the right to examine them in order to assess their integrity.
8.5.6 CAUTION: The burden of proof concerning the exercise of the right of withdrawal is on the Buyer.
Costs and reimbursement:
8.6 Withdrawal shall result in a refund of the price paid by the Buyer.
8.6.1 The cost of shipping the goods back to the Seller shall be borne by the Buyer.
8.6.2 No other costs may be charged to the Buyer except as indicated in the preceding paragraph and as is indicated under Buyer's risk and liability in case of withdrawal.
8.6.3 Reimbursement is made using the same means of payment chosen by the Buyer.
8.6.4 The Seller shall refund the price paid by the Buyer within the time limits specified in the preceding paragraph (14 days after receipt of the statement of withdrawal, subject to the right to withhold the refund until receipt or proof of shipment of the returned goods).
Buyer's risk and responsibility regarding shipment:
8.7 The Buyer shall have the right to manipulate the good to establish and examine its nature, operation, characteristics. Where there is a non-diligent use for this purpose on the part of the Buyer and this results in a decrease in the value of the good, the Buyer shall neither be liable. It is understood that the opening of parcels, packages or the like does not constitute excessive use, but is functional to the verification referred to above, except in cases where the opening of the package is such as to break seals or otherwise corrupt the product, or in cases where the opening of the package in fact realizes the consumption of the product (but see also the item exceptions to the right of withdrawal). In the case of liability, the decrease placed on the Consumer will be given by the difference in value between the new good and the good as sellable after such use.
Passing the risk of the assets being returned:
8.8 Regarding shipment, the "passing of risk" for the return of the good follows the ordinary rules (unlike the delivery of the good to the Buyer): therefore, the delivery of the intact good to the Carrier frees the Buyer. It is good for the Buyer to document, with photos for example, the integrity of the good delivered to the Carrier. In any case, as specified above, it is presumed that, in case of withdrawal, the good is received by the Buyer intact and in working order (if it is not in fact such will have to be activated the procedure of GUARANTEE OF CONFORMITY). Therefore, if the goods will be received by the Seller broken, and this has not been reported to the Seller by the Buyer before shipment, the goods will be made available to the Buyer for the appropriate initiatives and actions towards the Carrier, without prejudice to the Carrier's responsibility towards the Buyer and the Buyer's responsibility towards the Seller as indicated above.
8.9 For some products on sale, the right of withdrawal is excluded because they are sealed Goods that cannot for hygienic or health reasons be returned. This is particularly the case of cosmetics. Therefore in the case of cosmetics, the withdrawal will be allowed only if the good has not been opened (with breaking of the seal) precisely for hygienic reasons, since once opened and presumably used it cannot be reused by other people.
8.10 Mere activation of the NFC does not constitute opening of the package or seal and therefore does not constitute forfeiture of the withdrawal.
8.11 Accessories such as brushes etc. are not covered by this exception.
WITHDRAWAL and GIFT:
8.12 In the event of withdrawal exercised as a result of the indication of a consignee other than the Buyer, the relevant rights and procedures shall be referred to the consignee on whom, however, the onus shall be on the Buyer to take from the Buyer the necessary information to exercise the right.
9. REVOCATION ORDER.
9.1 In addition to the right of withdrawal, the Buyer has the right to revoke the purchase, even if concluded and paid for, before the goods are shipped. After shipment, he may instead activate the withdrawal procedure.
9.2 The Revocation of the order produces, to the extent compatible, the effects of withdrawal. In particular, concerning goods not yet shipped, the consequences related to shipping costs, of non-diligent handling of the good are not included.
When the Buyer of the Good is entitled to the warranty
10.1 The Seller shall be liable to the Consumer Buyer for any lack of conformity existing at the time of delivery.
10.2 To be in compliance with the contract of sale, the asset must meet the following subjective requirements, where relevant:
(a) correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other features as stipulated in the sales contract;
(b) be suitable for any particular use desired by the Consumer, which has been brought to the knowledge of the Seller by the Consumer at the latest at the time of the conclusion of the contract of sale and which the Seller has accepted;
(c) be supplied together with all accessories stipulated in the sales contract; and
(d) be supplied with updates as stipulated in the sales contract (on updates see also below).
10.3: In addition to complying with the subjective compliance requirements, to be in compliance with the contract of sale, the good must meet the following objective requirements, where relevant:
(a) be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other provisions of national and Union law, technical standards or, in the absence of such technical standards, industry codes of practice applicable to the specific field;
(b) where relevant, possess the quality and correspond to the description of a sample or model that the Seller has made available to the Consumer prior to the conclusion of the contract;
(c) where relevant be delivered together with such accessories as the Consumer may reasonably expect to receive; and,
(d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility, and safety, ordinarily found in a good of the same type and which the Consumer may reasonably expect, taking into account the nature of the good and public statements made by or on behalf of the Seller, or other persons as part of the preceding steps in the chain of commercial transactions, including the manufacturer, particularly in advertising or labeling. Regarding digital goods and upgrades: If the Consumer fails to install within a reasonable time the updates made available by the Seller, the Seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:
(a) the Seller has informed the Consumer of the availability of the upgrade and the consequences of the Consumer's failure to install the upgrade; and
(b) the failure, or incorrect, installation of the upgrade by the Consumer is not due to deficiencies in the installation instructions provided by the Seller to the Consumer.
10.4 There is no lack of conformity if, at the time of the conclusion of the contract of sale, the Consumer was specifically informed that a particular characteristic of the good deviated from the objective requirements for conformity set forth in these rules, and the Consumer expressly and separately accepted such deviation at the time of the conclusion of the contract of sale.
Toward whom the Guarantee right applies:
10.5: The Buyer is entitled to the Warranty towards the Seller.
10.6 The warranty operates for a time equal to two years from the delivery of the good. CAUTION: For cosmetics, the duration is reduced and corresponds to the expiration time of the product, if less than two years. Therefore, if the defect manifests itself within that time from the delivery of the good, the warranty operates.
10.7 WARRANTY: The warranty lapses if the Buyer does not report the defect within two months from the date he or she discovered it (forfeiture which does not occur in the sole case where the Seller has acknowledged the existence of the defect or has concealed the defect). Therefore, if a report is not made within two months of the discovery of the defect, the warranty does not operate.
Procedure for activating the Guarantee
10.9 Warranty can be exercised by sending an email to the following address:
10.10 The email shall state the order identification number, link to the information sheet if possible, defect and evidence thereof (photographs, description of the defect, etc.), an indication of the date on which the defect was discovered, other relevant in Buyer's opinion (including an indication of the remedy selected from those in the following section, i.e., first, Repair and Replacement of the Goods).
10.11 In case of lack of conformity of the goods, the Consumer shall be entitled to:
1) restoration of compliance, or
2) to receive a proportional price reduction, or
3) to the termination of the contract on the basis of the following conditions:
A) CONFORMITY RESTORATION: For the purpose of restoring the conformity of the goods, the Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following:
(a) the value that the good would have in the absence of the conformity defect;
(b) the extent of the lack of conformity; and
(c) the possibility of pursuing the alternative remedy without significant inconvenience to the Consumer.
The Seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs that the Seller would have to bear are disproportionate, taking into account all the circumstances, including those mentioned in (a) and (b) above.
I) Where the restoration of conformity involves the repair or replacement of the goods, these shall be carried out by the Seller: a) without cost to the Consumer; b) within a reasonable period of time from the time the Seller was informed by the Consumer of the lack of conformity; and c) without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer wanted the goods.
II) If the lack of conformity is to be remedied by repair or replacement of the goods, the Consumer shall make them available to the Seller. The Seller shall take back the replaced goods at its own expense. The obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the obligation of the Seller to bear the costs of removal or installation.
B) PRICE REDUCTION or TERMINATION OF CONTRACT: The Consumer shall be entitled to a proportional price reduction or termination of the sales contract in the event that:
(a) the Seller has failed to carry out the repair or replacement or has failed to carry out the repair or replacement, where possible, as provided in the preceding paragraph;
(b) a lack of conformity is manifested, despite the Seller's attempt to restore the goods to conformity;
(c) the lack of conformity is so serious as to warrant immediate price reduction or termination of the sales contract; or
d) the Seller has stated or it is clear from the circumstances that it will not restore the conformity of the goods within a reasonable period or without considerable inconvenience to the Consumer. CAUTION: The Consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof of the slightness of the defect is on the Seller.
I)The price reduction is proportional to the decrease in value of the good received by the Consumer compared to the value it would have had if it had been compliant.
II) If the lack of conformity relates only to some of the goods delivered under the sales contract and there is a cause for termination of the sales contract, the Consumer may terminate the contract limited to the non-conforming goods and the goods purchased together with the non-conforming goods, if there is no reasonable presumption that the Consumer has an interest in keeping the non-defective goods in his or her possession.
(III) If the Consumer terminates the contract of sale in its entirety or, limited to some of the goods delivered under the contract of sale: a) the Consumer returns the goods to the Seller, at the Seller's expense, and b) the Seller refunds to the Consumer the price paid for the goods upon receipt of the goods or evidence provided by the Consumer as to whether the goods were returned or shipped.
11. AFTER-SALES SERVICE AND CUSTOMARE CARE
11.1 Without prejudice to what is reported on the subject of withdrawal, delivery and warranty, for which please refer to the relevant chapters of this Terms of Sale document, the Seller makes available to Customers after-sales service, and customer support in general. The service, run by operators who speak Italian (and also English), can be reached in the following ways:
The service operates on the following days and at the following times:
Monday - Friday from 9 a.m. to 5 p.m. (Rome time zone).
12. CONTRACT LANGUAGE AND APPLICABLE LAW
12.1 This contract, as well as the other texts, is written in the Italian language.
12.2 The interpretation, lexical and legal meaning, of the contract refers to the Italian language. Any other languages shall only be translations of the same, but in case of conflict in interpretation the lexical and legal meaning of the Italian version shall prevail.
12.3 Italian law shall apply to this contract.
13.1 The Court of the place of residence or domicile of the Buyer, if a Consumer (i.e., if he/she buys for reasons unrelated to his/her entrepreneurial, handicraft, commercial or professional activity), shall have jurisdiction over disputes relating to the sales relationship under this service.
14. ALTERNATIVE DISPUTE RESOLUTION
14.1 It is given to the Buyer to turn to ODR (Online Dispute Resolution) systems.
14.2 The Seller does not adhere to any particular alternative dispute resolution tool.
14.3 Attached is a link to the tool made available to Professionals and Consumers in general, accessible to all:
14.4 For the purpose of activating the above procedure, the email address of the Seller/Professional is as follows:
15. PERSONAL DATA.
15.2 Without prejudice to what is set forth in the information on the processing of personal data and in the terms and conditions of use, to which reference is made, the personal data of the Buyer are processed for the purpose of registering the customer and activating against him the procedures for the execution of the contract of sale and the necessary communications. These data, in accordance with what is stated in the notice, are processed electronically, and will be communicated to delegated parties for the performance of activities necessary for the execution of the contract (e.g. forwarding agents, warehouse, etc.).
15.3: In the case of Guest Logout (or similar), the data is stored and processed only as necessary for the purpose of carrying out the individual sales transaction, and for the management of the related rights (so, for example, it is stored for the withdrawal period, for the warranty, etc.).
15.4: It is good for the Buyer to know that the Sales Service involves the use of third-party services, such as shipping, accounting management, payment systems, to which personal data are nevertheless disclosed.
16. REVIEWS OR FEEDBACK
16.1 The Buyer, once the sale is concluded, may review the product or the Seller, leaving comments on the appropriate page. It is forbidden to write insulting, offensive, or unresponsive expressions to the Buyer's real opinion of the product or Seller.
I have read and understood the above terms and conditions and by placing my order I accept them.