Terms and conditions
Terms and Conditions
SELLER
The goods covered by these general conditions are offered for sale by Beautin', based in Cagliari, Via Bologna 3°, 09125, email info@beautincosmetics. com, registered with the Chamber of Commerce of Cagliari, VAT number 03996500926, hereinafter referred to as the "Seller".
- Definitions
1. 1 The expression "online sales contract" or "agreement" means the sales contract relating to the Seller's tangible movable property, entered into between the latter and the Buyer through an electronic distance selling system, organized by the Seller (Shopify ).
1. 2 The expression "Buyer" means the natural person who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1. 3 The term "Seller" means the subject as identified above or the subject who sells the goods through the e-commerce indicated in the following article.
- Object of the contract
2. 1 With this contract, the Seller sells and the Buyer remotely purchases, via telematic tools, the tangible movable property presented and offered for sale on the website www. beauty cosmetics. com and other related subdomains.
2. 2 The products referred to in the previous point are shown, with specific and detailed indication of their characteristics, in the dedicated section within the web portal accessible at the address: https://www. beauty cosmetics. com/collections/all and other related subdomains.
- Acceptance of the general conditions
3. 1 The contract between the Seller and the Purchaser is concluded exclusively via the Internet in remote telematic mode, by accessing the Purchaser to the web address www. beauty cosmetics. com and other related subdomains. By following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2. 1 of the previous article.
3. 2 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will notify them via the pages of the Website www. beauty cosmetics. com and these will be effective for future purchases.
3. 3 These general conditions of sale must be examined "online" by the Purchaser, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their full acceptance.
3. 4 Acceptance of the conditions of sale must be demonstrated by the timely completion of the registration form by the Purchaser - whose personal data are processed according to the methods indicated in the Privacy Policy and by sending the purchase form completed by the system after the inclusion of the selected products in the electronic shopping cart. Before definitively sending the order, the Purchaser will be invited to check the contents of the cart, with a summary of the same which shows the details of the orderer and of the order, the price of the selected goods, any shipping costs and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address has been confirmed, it will not be possible to change it.
3. 5 By confirming the Order, the Purchaser declares to have knowingly accepted the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and times delivery of the products offered for sale and ordered by the Purchaser, as well as the payment conditions, declaring that he has read and accepted all the information provided by him in accordance with the aforementioned rules, also acknowledging that the Seller does not consider himself bound to different conditions unless previously agreed in writing.
3. 6 When the Seller receives the order from the Purchaser, he sends an order confirmation e-mail or displays a web page confirming and summarizing the order.
- Purchasing methods and sales prices
4. 1 The products, prices and conditions of sale on the Site must always be considered indicative and subject to express confirmation via e-mail by the Seller after payment has been made, which constitutes acceptance of the purchase order.
4. 2 The prices of the products offered for sale on the website www. beauty cosmetics. com and in other connected subdomains are indicated in Euros and are the prices in effect at the time the Purchaser sends the Order. The Seller may change the selling prices of the products at any time and without notice. This change will in any case be notified to the Purchaser before sending any Order.
4. 3 Product prices include VAT, but do not include shipping costs. Shipping costs vary according to the shipping method and destination selected by the Purchaser when placing the Order and are displayed in the Order summary before the Purchaser's request for confirmation of the Order. For information on orders and shipments, consult the "Orders and shipments" section on www. beauty cosmetics. com
4. 5 The receipt of the order does not bind the Seller until the same has sent the payment confirmation email indicating the order number.
4. 6 By accepting these contractual conditions, the Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and that he has no intention of reselling the Beautin' products without prior authorization. The illicit trade in Beautin' products will give rise to criminal or civil proceedings.
- Conclusion of the contract
5. 1 The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal confirmation of the order, with a communication ("Order confirmed").
5. 2 The order can no longer be canceled when, whatever the payment method, the order has been completed. After this phase, the return can only be made once the package has been received in the manner indicated in the "Returns and refunds" section on www. beauty cosmetics. com
- Delivery times and methods for purchases made on www. beauty cosmetics. com or other related subdomains
6. 1 The Seller will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed in the order confirmation email.
6. 2 Shipping times may vary from the day following that of the order to a maximum of 30 (thirty) days from confirmation of the same, as required by current legislation. In the event that the Seller is unable, for whatever reason, to carry out the shipment within this period, he will promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure.
6. 3 At the time of delivery, the Purchaser is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the shipped goods; b) the packaging is intact and not altered even in the closing tapes if present. If the goods received do not correspond to the order placed or the ordered products are absent, the Purchaser must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by filling in the appropriate contact form ( https://www. beauty cosmetics. com/pages/contact). The Seller may request appropriate descriptions and evidence to prove the discrepancy (eg. photographs) and give a positive feedback to the Customer where it detects that the discrepancy is real and not attributable to the Customer. A partial return may also occur which concerns only the products shipped incorrectly, provided that they are intact and with the relative seals. If the Buyer requests the return of the product sent incorrectly and the shipment of the correct one and the latter is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.
6. 4 In the event that the delivered goods present any damage presumably caused by transport, the Buyer may refuse the delivery and immediately notify the Seller, who will make the necessary complaints to the shipper, arranging for a new shipment once the redelivery has been received of the disputed goods.
6. 5 In the event that the Purchaser still decides to accept the delivered goods, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights he will have to contest the unsuitability of the package with the courier, writing the wording " GOODS INSPECTION RESERVE DUE TO . ” (indicating the reasoning behind the reservation in question) on the delivery document, of which he will have to keep a copy, and then proceed to immediately notify the Seller.
- Prices and Payments
7. 1 All the sales prices of the products are indicated on the web address https://www. beauty cosmetics. com/collections/all or other page available on the website, are expressed in Euros.
7. 2 The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any accessory charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer forwards the order and contained in the summary web page of the order, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7. 3 Any promotional offers and periodic discount codes are specifically indicated and marked within the site on the Homepage.
7. 4 The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen for his Order when sending the Order.
7. 6 All Orders are payable in Euros, taxes and compulsory contributions included. Any bank charges will be borne exclusively by the Purchaser (even in the event of a refund).
7. 7 The ownership of the products ordered will remain with the Seller until the entire consideration for the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Purchaser. All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, to protect the customer. If, for whatever reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be terminated pursuant to art. 1456 c. c The Customer will be informed by automatic e-mail communication.
7. 8 The communications relating to the payment and the data communicated by the Customer when this is made take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
- Product availability
8. 1 The Seller ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates with updates as fast as possible, in its electronic catalogue, the products available and those not available, as well as an estimate of order acceptance.
8. 2 Should an order exceed the available quantity, the goods not available at the time of the order will be automatically eliminated from the cart.
8. 3 The Seller's computer system will confirm as soon as possible that the order has been registered by forwarding a summary email to the Purchaser, pursuant to point 3. 6
8. 5 Regardless of the availability of the products, for each purchase slot the single Customer cannot order more than 30 pieces for each single product.
- Responsibility of the Seller
9. 1 The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances.
9. 2 The Seller cannot be held responsible to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its subcontractors.
9. 3 In the event of disservices related to the transporter, the Purchaser must send a report to the Seller who will proceed with the appropriate contacts with the Transporter. In the event of loss of the package or other eventualities that cause a failed or incorrect delivery, the Seller, in agreement with the Purchaser, will proceed either with a refund or with a new shipment of the order.
9. 4 The Seller assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of the ordinary diligence required.
- Guarantees and assistance methods
10. 1 The Seller is liable for any lack of conformity that occurs within the term of 6 (six) months from delivery of the goods.
10. 2 The Purchaser loses all rights if he does not report the lack of conformity to the Seller within 1 (one) month from the date on which the defect was discovered.
10. 3 In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 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 defect of compliance.
10. 4 In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Seller. Products that show clear signs of tampering or faults caused by their improper use or by external agents not attributable to faults and/or manufacturing defects are not covered by the guarantee.
10. 5 The request must be sent in writing, via the customer service form to the Seller (https://www. beauty cosmetics. com/pages/contact); or, alternatively, by sending an e-mail to customerservice@beauticosmetics. com In the complaint it is advisable to describe the defect, also through photographs and videos, as well as indicate the date of discovery of the defect itself. The Seller will inform the Purchaser - if he is willing to process the request - or the reasons that prevent him from doing so - within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
- Obligations of the Seller for defective products, proof of damage and recoverable damages
11. 1 The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product with an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective.
11. 2 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it. Similarly, the defects deriving from bad and/or incorrect use of the goods purchased, from external causes (eg. bumps, falls, etc. ), from carelessness and improper use.
11. 3 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage, also through descriptions, photographs and means available to the injured party.
- Buyer's obligations
12. 1 The Buyer undertakes to pay the price of the goods purchased in the times and ways indicated in this contract.
12. 2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail attached to the purchase order confirmation.
12. 3 The information contained in this contract has, however, already been viewed and accepted by the Purchaser - who acknowledges it - before the purchase confirmation, through telematic procedures.
- Right of withdrawal
13. 1 According to the provisions of the Consumer Code, the Purchaser may, within 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase contract by returning the goods received in their original packaging, without tamper with any guarantee seal or simply open and/or damage the outer packaging itself.
13. 2 The provisions relating to the exclusion of the right of withdrawal for some categories of goods and services provided for by art. 59 of the Consumer Code. In particular, the right of withdrawal is excluded for goods sold "made to measure" and in the event that the sale service concerns the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to health protection and are been opened after delivery (art. 59 lett. e) Consumer Code.
13. 3 Pursuant to article 67 paragraph 3 of the Italian Consumer Code, the return costs will be borne exclusively by the Purchaser.
13. 4 We also remind you that parcels sent at the recipient's expense will not be accepted.
13. 5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that he has sent back the goods.
13. 6 For orders of less than 50.00 euros, 4.99 euros will not be refunded as shipping costs. Furthermore, if the Order included free gadgets and products, including "free samples", if they are not returned, €5.00 will be withheld from the refund.
13. 6 The Purchaser and/or the recipient of the Order must necessarily send an e-mail to customerservice@beauticosmetics. com
13. 7 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in such conditions that they can be put back on the market (refer to the causes of exclusion referred to in point 14. 2 ) If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.
13. 8 The return of the products will not be accepted after the legal term established for the withdrawal and cancellation of the contract
13. 9 The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the sums already paid no later than 30 days from the date on which the Seller (or the service provider) became aware of the exercise of the right of withdrawal from part of the consumer.
- Termination of the contract
14. 1 If one Party defaults towards the other with regard to any of the obligations under this contract, the other Party may request its termination pursuant to art. 1453 c. c et seq. , without prejudice in any case to the right to compensation for damages.
14. 2 Pursuant to art. 1456 c. c , the party that intends to make use of the termination will notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination start from the date of receipt of the notice of termination resulting from the receipt returned to the Party that resolves and the Purchaser will only be entitled to the refund of any sum already paid.
- Failure to collect the parcel – termination of the contract
15. 1 Given that the collection of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will send a specific email with which he will inform the Buyer of the imminent delivery, also through the shipping link. The status of the order placed and the tracking link are always available even by accessing your personal area.
15. 2 The courier will make a first delivery attempt on the date indicated by the tracking, in case of non-delivery he will proceed to a second attempt, except for the need for corrections and changes to the address for which the Purchaser himself will have to take action.
15. 3 Once the second unsuccessful delivery attempt has been made, the parcel will be in storage with the Courier within the time established and indicated on the tracking page itself. Depending on the Courier, the stock can be released either by contacting him directly or by contacting the Seller's Customer Service.
15. 4 Once the storage period has expired, the Order is returned to the Seller and the same will inform the Purchaser who may request the shipment again at his expense within and no later than 5 days from receipt of the communication. This hypothesis does not occur in case of purchase with cash on delivery; in this case the order, once returned to the Seller, is immediately dismantled.
15. 5 If even in this case the Order is not claimed, the Seller will communicate that the contract has been automatically terminated and will refund the amount paid by the Purchaser and dismantle the package no later than 30 days from the notification sent; together with the refund, the credited pheasant points will also be eliminated and the discount codes used will not be restored
15. 6 If the Seller is unable to return the price paid due to incompatibility of the payment method used for the purchase with an automatic credit, he will ask the Buyer to indicate the bank details on which he wishes to receive the refund. After ten days without receiving a reply, the Seller will issue a purchase voucher equal to the value of the price to be refunded and will send it to the Buyer's contact addresses. With the issuance of the voucher, the Purchaser will not have anything else to claim against the Seller.
- Protection of the confidentiality and processing of the Buyer's data
16. 1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with respect to the provisions of the legislation on privacy pursuant to Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
16. 2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods set forth in the site's Privacy Policy and specific information.
- Applicable law and jurisdiction
17. 1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Purchaser, as a consumer, has his residence, will have jurisdiction.
17. 2 If any of the provisions contained in this online sales contract is held to be invalid, void or unenforceable for any reason whatsoever, that provision will be deemed separate and will not affect the validity and enforceability of the other provisions.
User responsibility
-The User undertakes not to download or use any Beautin' Content present on the Site for use on other websites other than this Site, for commercial purposes, in relation to products and services other than Beautin', in in any way which may cause confusion in the minds of consumers, or which damages or brings Beautin' into disrepute, which is prejudicial to Beautin' or which in any other way infringes its intellectual property rights. The User undertakes not to misappropriate or misuse in any other way the Contents of Beautin' on this Site. The User can share the Contents of Beautin' on social media only and exclusively by tagging Beautin'. Any Content published for commercial purposes without prior authorization from Beautin' could give rise to criminal or civil proceedings.
-The User undertakes not to use the Contents on the Site for illicit, criminal and illegitimate purposes, or in ways that violate the privacy of third parties, or that could be configured as harassment or slander, or obscene, intimidating or hateful .
-The user undertakes not to download or transmit in any other way elements containing computer viruses or other codes, files or computer programs capable of interrupting, limiting or interfering with the functioning of the Site itself.