Online Sales Contract
The goods covered by this online sales contract are offered for sale by Laboratorio Santa Maria S.N.C., with registered office in Borgaro T.se in Via Diaz 19, C.A.P. 10071, email firstname.lastname@example.org, registered with the Turin Chamber of Commerce at no. TO – 769522 of the Register of Companies, tax code 06219740013, VAT number 06219740013 hereinafter referred to as “Supplier”.
Art.1 – Definitions
1.1. The term “online sales contract” means the contract for the sale of goods produced by the Supplier, stipulated with the Buyer remotely through telematic tools, made available by the Supplier.
1.2. The term “Supplier” means the one who sells the goods through the website.
1.3. The term “Buyer” means the natural person who makes the purchase for non-commercial or professional purposes.
Art. 2- Object
2.1. The object of the contract is the online distance sale, through telematic tools, of the goods presented and offered on the site www.santamariacosmetics.com.
2.2. The products offered for sale are presented, with specific and detailed indication of their characteristics, in the section of the web portal accessible at: www.santamariacosmetics.com/shop.
Art.3 – Conclusion and effectiveness of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively electronically through the Buyer’s access to the web address www.santamariacosmetics.com and the purchase of the goods through the procedure indicated on the site itself.
3.3. After the Buyer has sent the order and paid for the contract, the contract is to be considered concluded. After that, the Buyer will receive a confirmation e-mail from the Supplier and, only once he has registered his personal account, he will be able to view a web page confirming and summarizing the order itself.
Art. 4- payment and withdrawal
4.1. Payment by the Buyer may only be made by means of one of the methods indicated by the Supplier during the purchase procedure.
4.2. The Supplier reserves the right to modify the means of payment that can be used, it being understood that those published on the site at the time of sending the order remotely by the Buyer will be considered usable.
4.3. Any refund to the Buyer will be credited through the same payment method chosen at the time of conclusion of the order.
4.4 The Supplier has neither visibility nor responsibility for all communications relating to online payments, as they take place through third-party encryption systems designed to protect the transactions made by the Buyer.
Art. 5- Delivery times and methods
5.1. Following the methods chosen by the Buyer at the time of the order, the Supplier will deliver the selected and ordered products.
5.2. Shipping times may vary from a minimum of 1 day to a maximum of 30 (thirty) days from the order confirmation. If the Supplier is unable to make the shipment within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase procedure and the Buyer may decide to cancel the order and receive a full refund of the price paid.
5.3. The Buyer is required to always verify that, at the time of delivery: a) the number of packages delivered is equal to that indicated in the transport document attached to the goods just received; (b) the packaging material is intact and not altered even when closed.
5.4 In the event that the goods received are damaged, the Buyer may refuse delivery by immediately reporting the fact to the Supplier, who will make the necessary complaints to the person in charge of delivery, repeating the shipment once the return of the faulty goods has been received.
5.5 In the event that the customer decides to accept the goods in delivery, despite the protective container of the package received is seriously flawed and / or tampered with, in order to safeguard his rights he must challenge the courier the unsuitability of the package, affixing the words “RESERVE OF CONTROL GOODS DUE TO …” (indicating the reasons for the reservation in question) on the delivery document, withholding a copy of the latter.
Art. 6- Prices
6.1. All the sales prices of the products, expressed in Euros, are indicated at the web address used for the sale www.santamariacosmetics.com and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
6.2. The sales prices, referred to in the previous point, are already inclusive of VAT and any other tax. Shipping costs and any ancillary charges, if any, in the event that the Buyer chooses shipping instead of collection at the Headquarters (in via Armando Diaz, 19 C.A.P. 10071, Borgaro Torinese (TO), although not included in the purchase price, are indicated and calculated on the summary page before the order is forwarded by the Buyer or in the summary e-mail sent by the Supplier.
6.3. If present, promotional offers are specifically indicated and marked within the site with the words “on offer or through equivalent names.
Art. 7- Availability of products
7.1. The products available and those not available are indicated by the Supplier in real time in its electronic catalog.
7.2. In the event that an order exceeds the available quantity, the Supplier, through an e-mail notice, will inform the Buyer if the goods are no longer available or what are the waiting times to obtain the chosen good, and the Buyer can choose whether to confirm the order or whether to terminate the contract in whole or in part and obtain full or partial reimbursement.
Art.8- Responsibility of the Supplier
8.1 The Supplier assumes no responsibility for any fraudulent and illegal use that may be made, by third parties, of credit cards or other online payment methods, used by the Buyer for the payment of the goods purchased, in the event that it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of the ordinary diligence required.
Art.9- Warranty for defective product and assistance methods
9.1. The Supplier is liable for any lack of conformity of the product that occurs within 2 (two) years from the delivery of the goods.
9.2. All rights of the Buyer lose, if not reported to the Supplier the lack of conformity of the product within 2 (two) months from the date on which the defect was discovered.
9.3 In case of lack of conformity, the Buyer must send the product to the Supplier who will examine it and if it finds the lack of conformity will replace the product at no cost to the Buyer. If the replacement is no longer possible, the Supplier will alternatively offer the return of the price paid by the Buyer or an alternative product of equal value, at the choice of the Buyer. Defects resulting from the bad and / or incorrect use of the purchased goods, from external causes (e.g. shocks, falls, etc.), from carelessness and improper use are not attributable to the Supplier.
9.4.La warranty request must be sent to the Supplier at the address email@example.com, which will indicate whether it is available to process it – or the reasons that prevent it from doing so – within 7 (seven) working days from receipt of the request. In the same electronic communication, if the request has been accepted by the Supplier, the Buyer must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
Art. 10- Obligations of the Buyer
10.1. The Buyer is required to pay the price of the goods purchased in the times and in the manner indicated in this contract.
10.2. The Buyer is obliged to sign the clauses referred to in this contract during the purchase procedure and before the order confirmation through telematic methods.
Art. 11- Protection of confidentiality and processing of Buyer’s data
11.1 The Supplier protects the privacy of its customers and ensures compliance of the processing of personal data with respect to the privacy legislation referred to in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
Art. 12- Communications and complaints
12.1. Written communications directly addressed to the Supplier and any complaints will be examined only if sent by email to the address firstname.lastname@example.org. The Buyer is required to indicate in the registration form on the website his residence or domicile, the telephone number and the e-mail address to which he wishes communications from the Supplier to be sent.
12.2 Pursuant to art. 14 of European Regulation 524/2013, the Supplier informs the Buyer that in the event of a dispute he may submit a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link http://ec.europa.eu/consumers/odr/. The Supplier, however, invites the Buyer to prefer the use of the email email@example.com to directly resolve any type of matter.
Art. 13 – Applicable law, place of jurisdiction, partial invalidity
13.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of Turin will be exclusively competent.
13.2 In the event that any of the provisions contained in this online sales contract is considered invalid, void or unenforceable for any reason, such provision will be considered separately and will not affect the validity and enforceability of the other contractual provisions.