Conditions of sale
2 Object of the contract
3 Stipulation and conclusion of the contract
4 Payment Methods
5 Prices
6 Product Availability
7 Delivery methods
8 Responsibilities
9 Right of Withdrawal
10 Guarantees and assistance methods
11 Customer Obligations
12 Privacy
13 Applicable law. Choice of forum
PREMISE
The website www.bellavitailculto.com is owned by Cosmetica Italiana di Lusso srl, (hereinafter for brevity CIL) with registered office in (16122) Genoa, Viale Padre Santo 3 registered with the Chamber of Commerce of Genoa under number REA GE 467598 of the Company Register, tax code and VAT number 02196350991. Any information, support, request or complaint can also be forwarded to the email address info@bellavitailculto.com .
This site is dedicated to the promotion and online sale of perfumery products marketed by CIL srl. The Customer expressly declares that the purchase is made for purposes other than any commercial or professional activity carried out.
Purchases made on www.bellavitailculto.com, hereinafter simply “the site”, are governed by these general conditions of sale, which may be modified at any time by CIL srl, with effect from publication on the site. The sending of the order by the Customer is equivalent to acceptance of the conditions of sale published on the site at that time.
CIL srl complies with the regulations on distance contracts pursuant to art. 49 and following of Legislative Decree no. 206 of 6 September 2005, as well as those relating to electronic commerce pursuant to Legislative Decree no. 70 of 9 April 2003. These general conditions must be considered an integral and substantial part of the contract.
CIL srl invites the Customer to carefully read the conditions below, and to print them and/or save them on another durable medium accessible to him.
1 Definitions
1.1 The term "online sales contract" refers to the sales contract relating to tangible movable goods marketed by CIL srl, stipulated between the latter and the consumer, within the scope of a remote sales system via telematic tools, organised by CIL srl
1.2 The term “Customer” refers exclusively to the consumer, a natural person over the age of 18 who makes the purchase for purposes not related to the commercial or professional activity possibly carried out by the same. If the potential buyer does not fall within the aforementioned definition, CIL srl reserves the right not to follow up on the order or in any case on orders that do not comply with its commercial policy.
2 Object of the contract
2.1 With this contract, respectively, CIL srl sells and the Customer purchases remotely, via telematic tools, the products indicated on the website www.bellavitailculto.com
2.2 The products referred to in the previous point are illustrated on the site and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in colour, size and accessory products.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products carried out by third parties who use direct links to the site www.bellavitailculto.com through banners or other hypertext links. CIL srl may in no case be held responsible for the supply of services promised by third parties or for the execution of e-commerce transactions between CIL srl customers and third parties.
2.4 CIL srl reserves the right not to process orders received from users who are not "Customers", as well as any other order that does not adhere to the commercial policy of CIL srl
3 Stipulation and conclusion of the contract
3.1 The contract between CIL srl and the Customer is concluded via the Internet by the Customer accessing the address www.bellavitailculto.com, where, following the indicated procedures, the Customer will formalize the proposal for the purchase of the products.
3.2 The purchase contract is concluded by completing the following procedure, which can always be corrected, modified and cancelled, up until the moment the order is sent:
– by accessing the website www.bellavitailculto.com the Customer, after registering for the purchase, must add the desired products to the cart, complete all the subsequent pages, following the instructions, and electronically transmit the purchase order to CIL srl;
– the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and the relative price (including VAT), the type of payment that the customer has chosen for the purchase, the conditions for the delivery of the products, the contributions required for delivery and transport as well as references to the general terms and conditions for the return of products purchased online;
– before proceeding with sending the order, the Customer will be asked to identify and correct any possible errors that may have occurred while filling in the fields and to carefully read the general terms and conditions that regulate the sale and purchase, to print a copy of the same using the print option and to save or request a copy for personal use;
3.3 The order sent by the Customer will be considered completed only if the entire order procedure has been carried out completely and correctly, without any error messages being highlighted by the website, and after CIL srl has sent the Customer an e-mail confirming the order. The e-mail will contain the details of the Customer and the order, a summary of the general and specific conditions applicable to the contract, the price of the goods purchased, the chosen payment method, the transport costs, the applicable taxes and duties, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to CIL srl at the addresses indicated above.
3.4 By placing an order, the Customer declares that he has read all the information provided to him during the purchase procedure, and that he fully accepts these general conditions of sale. By placing an order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due pursuant to these general conditions of sale.
3.5 The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point.
3.6 CIL srl may not take charge of and process the order if there are insufficient guarantees of solvency of the payment, if the orders are incomplete or incorrect, or if the products are no longer available. In the cases mentioned above, the Customer will be informed by e-mail that the contract has not been executed and that CIL srl has not confirmed the purchase order specifying the reasons.
3.7 The contract stipulated between CIL srl and the Customer must be considered concluded with the acceptance, even partial, of the order by CIL srl. Such acceptance is considered tacit, unless otherwise communicated in any manner to the Customer.
3.8 Pursuant to art. 12 of Legislative Decree 70 of 2003, CIL srl informs the Customer that each order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer may at any time request a copy from CIL srl
4 Payment Methods
4.1 Each payment by the Customer may only be made using one of the methods indicated on the website www.bellavitailculto.com. Credit cards from the major international circuits and prepaid and rechargeable cards issued by banking institutions present in Italy are accepted:
VISA, MASTERCARD, AMERICAN EXPRESS, POSTE PAY; payment via PAYPAL and CASH ON DELIVERY (cash payment on delivery) are also accepted.
4.2 For payments made by credit card, the actual charge of the order amount will only occur when the order is complete and ready for shipment. If the unavailability of a product is detected after the order has been registered and the amount has been reserved on the card, CIL srl will take the necessary steps with the payment operator to reverse the transaction relating to the unavailable goods.
4.3 The payment method by cash on delivery involves an additional cost. The maximum amount payable in cash on delivery is € 999.99, including shipping costs and cash on delivery supplement. At the time of delivery, the Customer will pay the total amount of the order in cash directly to the Courier. For payments made by cash on delivery, the amount is to be considered paid when the order is delivered. It is not possible to integrate this payment method with the use of a credit card or Paypal.
4.4 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, for the protection of the customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale will be resolved pursuant to art. 1456 of the Civil Code. The Customer will be informed via email.
4.5 Communications relating to the payment and the data communicated by the Customer when this is carried out take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
5 Prices
5.1 The sales prices displayed on the site are inclusive of VAT and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email, without considering price increases or decreases, even for promotions, that may occur subsequently.
5.2 Shipping costs, to be paid by the Customer for orders under €100, are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
5.3 The issuing of an invoice is not mandatory, unless requested by the Customer no later than the time of the transaction, as indicated in art. 22 of the Presidential Decree of 26/10/1972 n. 633. By sending the order to CIL srl, the Customer agrees to receive the invoice/receipt in electronic format. The Customer may receive the invoice/receipt in paper format by making an express request to CIL srl. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
6 Product Availability
6.1 The availability of the products refers to the moment in which the Customer consults the product sheets; this must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to others before the order is confirmed. In any case, CIL srl cannot be held liable in the event of unavailability of one or more products.
6.2 CIL srl . will not be responsible in any way for the temporary or permanent unavailability of one or more products. The site highlights the cases in which limitations on the purchase of individual products apply. In the event of unavailability, even temporary, of the requested products, CIL srl undertakes not to charge the Customer the corresponding price. If the order has been sent and the price has already been paid for the items that are no longer available, CIL srl will refund the Customer the entire amount paid for those items.
6.3 Even after the order confirmation email has been sent by CIL srl., there may be cases of partial or total unavailability of the goods. In this case, the Customer will be promptly informed with a written communication or via email and will be able to decide whether to accept delivery of only the available products, obtaining a refund for the unavailable ones, or whether to request cancellation of the order, with consequent refund of any amounts already paid, communicating this via email to CIL srl
6.4 For the eventuality referred to in the previous point, the Customer can choose, at the time of sending the order, whether to accept a supply different from the one agreed upon, of the same value.
7 Delivery methods
7.1 CIL srl will deliver the selected and purchased products via express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary email referred to in point 3.3.
7.2. CIL srl delivers its products to all countries of the European Union and to countries belonging to the economic area not included in the European Union (Liechtenstein, Iceland and Norway), as well as to countries belonging to the European geographical area (e.g. Switzerland, Ukraine, Serbia, Montenegro, etc.).
7.3 Orders will be processed as soon as they are received. CIL srl undertakes to deliver the products in the shortest possible time and in any case within 30 days from the date of conclusion of the contract.
7. 4. The total amount of the expenses will be visible before proceeding with the confirmation of the purchase.
7.5. The shipped goods will be checked and delivered to the forwarder intact and without defects. CIL srl cannot be held responsible in any way for any delays or damages attributable to the fault of the forwarder.
7.6 The goods ordered depend exclusively on the will of the Customer. If they are refused, CIL srl will charge the Customer the transport costs for delivery and collection. In this case, the transport costs for delivery will be charged even if the amount of the order exceeds € 100.00.
8 Responsibilities
8.1 CIL srl assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the Internet network, in the event that it is unable to execute the order within the timeframes set out in the contract.
8.2 CIL srl will also not be liable for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the Customer, and unless they depend on an act or omission by CIL srl, the Customer being entitled only to the full refund of the price paid and any additional costs incurred.
8.3 CIL srl cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained in the site, if they have been communicated by third parties and have been verified by CIL srl according to the criteria of ordinary diligence.
8.4 CIL srl assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9 Right of withdrawal
9.1 The Customer has the right to withdraw without penalty and without specifying the reason, within fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term runs from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
9.2 To exercise the right of withdrawal, the Customer is required to inform Cosmetica Italiana di Lusso srl Via Palestro 3 16122 Genova, e-mail info@bellavitailculto.com of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post or e-mail).
9.3 To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
9.4 If the Customer withdraws from this contract, CIL srl will refund the amount of the order subject to withdrawal, excluding the costs of delivery and return of the products, which are the sole responsibility of the Customer pursuant to art. 57 of Legislative Decree 206/2005, without undue delay and in any case no later than fourteen days from the day on which CIL srl was informed of the decision to withdraw from this contract. Such refunds will be made using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not have to bear any costs as a consequence of such refund. CIL srl reserves the right to withhold the refund until it has received the goods or until the Customer has demonstrated that he has sent back the goods, depending on which situation occurs first.
9.5 In case of exercising the right of withdrawal, the Customer returns the goods or delivers them to CIL srl at Cosmetica Italiana di Lusso srl Via Padre Santo 3/2 16122 GENOVA without undue delay and in any case within fourteen days from the date on which he communicated his decision to withdraw from the contract. The direct cost of returning the goods remains the responsibility of the Customer.
9.6 The Customer is responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish their nature and characteristics.
9.7 If the right of withdrawal is exercised, CIL srl will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
9.8 The right of withdrawal, in addition to compliance with the terms and conditions described in 9.1, 9.2 and 9.3, is considered to be correctly exercised when the following conditions are fully respected:
a) the declaration of the intention to withdraw must be sent to the address info@bellavitailculto.com or to the address of the registered office indicated above within fourteen (14) days of receipt of the products, and must contain the date on which the order was placed and the date of receipt of the products, the name of the consumer and his address;
b) the products must not be used, opened or tested;
c) the seal covering the package must be intact;
d) the products must be returned in their original packaging;
e) the returned products must be delivered to the carrier within fourteen (14) days from the sending of the declaration of intent to withdraw from the contract to CIL srl;
f) the products must not be damaged.
9.9 Pursuant to Article 57, paragraph 1 of the Consumer Code, the return costs are the sole responsibility of the Customer and/or the recipient of the order.
10 Guarantees and assistance methods
10.1 CIL srl sells high quality products. In any case, it is recalled that the law provides for the legal guarantee of conformity for the goods to protect the Customer. In the event of receipt of products that do not comply with the sales contract, pursuant to articles 129 et seq. of the Consumer Code, the Customer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has hidden it.
10.2 In any case, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
10.3 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for CIL srl pursuant to art. 130, paragraph 4, of the Consumer Code.
10.4 The request must be sent in writing, by registered mail with return receipt, to Cosmetica Italiana di Lusso srl Viale Padre Santo 3 16122 Genova, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Customer's request has been accepted, CIL srl must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.
10.5 If the replacement is impossible or excessively expensive, or CIL srl has not replaced the goods within the term indicated in the previous point or, finally, the replacement previously carried out has caused significant inconvenience to the Customer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Customer must send his request to CIL srl, which will indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within seven working days of receipt.
10.6 In the same communication, if the Customer's request has been accepted, CIL srl must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Customer's responsibility to indicate the methods for re-crediting the sums previously paid.
11 Customer Obligations
11.1 The Customer undertakes to pay the price of the purchased goods within the times and methods indicated in these General Conditions of Sale.
11.2 The Customer undertakes, once the online purchase procedure has been concluded, to print and keep these General Conditions of Sale, which will have already been expressly accepted before the conclusion of the procedure.
11.3 The Customer is solely responsible for the accuracy of the data entered in the registration procedure and undertakes not to enter false and/or invented and/or imaginary data. The Customer holds CIL srl harmless from any liability arising from the issuing of incorrect tax documents due to inaccurate data provided by the Customer.
12 Privacy
INFORMATION PURSUANT TO LEGISLATIVE DECREE 196/2003
Dear Customer,
We inform you, pursuant to art. 13 of Legislative Decree 196/2003 that CIL srl will process the data provided by you in compliance with the legislation on the protection of personal data processing.
The provision of data is necessary and therefore any refusal to provide them determines the impossibility of carrying out the online purchase service.
We also inform you that the personal data provided by you are collected electronically and processed, also with the aid of electronic means, directly and/or through delegated third parties (home delivery companies, postal companies and data entry companies) and may be used, subject to your necessary and explicit consent, for the purposes functional to the activities listed below:
– execution of the service and management of the purchase order of the products;
– statistical processing, sending of advertising material, including through the use of electronic mail.
The provision of data for the aforementioned purposes is optional: any refusal on your part will make it impossible for CIL to follow up on the related activities.
In any case, your data will not be communicated (except to companies for home delivery, postal services and data entry) or sold to third parties. Within CIL srl, the data may be known only by specifically appointed individuals operating at the E-commerce, Marketing, Commercial, Sales Manager and the administrative offices.
Pursuant to art. 7 of Legislative Decree 196/2003, you have the right at any time to obtain from the Data Controller information on the processing of your data, its methods and purposes and the logic applied to it as well as
1) confirmation of the existence of the data and communication of the same and of their origin;
2) the identifying details of the Data Controller and the Data Processors, as well as the subjects or categories of subjects to whom the data may be communicated or who may become aware of them in their capacity as Data Processors or persons in charge;
3) updating, rectification and integration of data;
4) the cancellation, transformation into anonymous form, blocking of data processed in violation of the law;
5) certification that the operations referred to in points 3) and 4) have been brought to the attention of those to whom the data have been communicated and disseminated, with the exception of the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected;
6) to oppose: the processing of data, even if pertinent to the purpose of collection, for legitimate reasons; the processing of data for commercial information purposes or for carrying out market research.
The Data Controller is Cosmetica Italiana di Lusso srl, with registered office in 16122 GENOVA, Viale Padre Santo n. 3. To exercise the rights provided for in art. 7 of Legislative Decree 196/2003, write to Cosmetica Italiana di Lusso srl for the attention of the Personal Data Processing Manager, always at the address: 16122 GENOVA, Viale Padre Santo n. 3
13 Applicable law. Choice of forum
The General Conditions of Sale are governed by Italian law, in particular by Legislative Decree 206/2005 and by Legislative Decree no. 70 of 9 April 2003; therefore, the competent court is that of the consumer's residence or domicile, if located within the territory of the State, otherwise the competent court is considered to be that of Genoa.
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