1.1. This General Sales Terms and Conditions (hereinafter General Terms and Conditions) regulate the distance purchase of Products by telecommunication network from the website www.villaparadisobeautyshop.com (hereinafter Website).
1.2. The owner of the Website is LINEA COSMETICA VILLA PARADISO SRL (hereinafter LINEA COSMETICA VILLA PARADISO) with registered office in via Trevisago n. 59 Manerba d/G. (25080 – BS), VAT number 03390890238, Register of Companies N° BS-462898.
2. Acceptance of General Sales Terms and Conditions
2.1. Any purchase of Products from the Website (hereinafter Purchase Contracts) by users accessing the website (hereinafter Customers) is governed by this General Terms and Conditions and the Italian Code of Consumers (Legislative Decree n. 206/2005), section II Distance Contracts (articles 50 – 67) and the Italian laws and regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By finalizing a Purchase Contract according to the procedure, the Customer accepts and is bound to comply with the present General Terms and Conditions. Therefore, before any purchase operation, the Customer shall carefully read this General Terms and Conditions that LINEA COSMETICA VILLA PARADISO has made available, including for its reproduction and memorization pursuant to article 12, paragraph 3 of Legislative Decree 70/2003.
2.3. LINEA COSMETICA VILLA PARADISO can modify the content of this General Terms and Conditions at any moment and without previous notice. Any Purchase Contract is subject to the General Terms and Conditions published on the Website, which shall be applied when the Customer sends the purchase order.
3.1 www.villaparadisobeautyshop.com (hereinafter Website) is an e-commerce website for the sale of cosmetics, beauty products, body care and make-up products and related accessories (hereinafter Products).
3.2. Any offered Product is illustrated in details in the respective section of the Website; Products are divided by categories.
3.3. The graphic representation of the Products on the Website, where applicable, is to be considered as indicative and it generally matches the photographic image of the Products. It has the sole purpose of presenting the Products for sale without any guarantee or commitment.
3.4. In case of discrepancy between the image and the written Product description, the description in the product specifications shall prevail.
4. Conclusion of Contract
4.1. Publishing products on the website is an invitation for Customers to make a purchase contractual offer. The order sent to the Customer is a valid contractual offer and it entails complete understanding and acceptance of the present General Terms and Conditions.
4.2. Any Purchase Contract signed between LINEA COSMETICA VILLA PARADISO and the Customer is deemed concluded when LINEA COSMETICA VILLA PARADISO has sent the order confirmation by email to the Customer. The confirmation message contains an “Order Number” to be included in all following communications with LINEA COSMETICA VILLA PARADISO. In addition to the information required by law, the message will include all details entered by the Customer, who is committed to check that information is correct and timely communicate any potential correction. Additional charges due to mistakes in information that were not reported timely will be exclusively born by the Customer.
4.3. The Customer can view his orders in the Website personal area, providing the Customer is registered, or contact LINEA COSMETICA VILLA PARADISO’s Customer Care service immediately after sending the order.
4.4. Some Products may occasionally not be available. If some or all the Products selected by the Customer are not available, a communication is sent to the Customer on the unavailable products and the order shipped will contained only the available items.
4.5. LINEA COSMETICA VILLA PARADISO is entitled to accept or reject the order sent by the Customer and the Customer has no right to any claims or demands for any reasons, including claims for compensation, if the order fails to be accepted.
4.6. Specifically, LINEA COSMETICA VILLA PARADISO reserves the right not to accept offers for purchase or to cancel orders failing to provide sufficient guarantee of solvency or in case of faults in the transactions or methods of payment used by the Customer, including upon verification with the credit card payment gateway.
5. Product Prices
All Product prices are clearly stated on the Website and they include VAT.
6. Invoicing and Method of Payment
6.1. LINEA COSMETICA VILLA PARADISO issues a sales receipt for any purchased Products when the Products are delivered to the courier for shipment.
6.2. As described in details in the following clauses, payments with credit card or PayPal require authorization to be processed or a reservation of the amount without charge at the moment of order placement by the Customer. Payment is processed and the amount is charged to the Customer only when Products are delivered to the courier assigned to the shipment. In that moment LINEA COSMETICA VILLA PARADISO will also issue the sales receipt pertaining to the order.
7. Shipment Terms and Costs
7.1. LINEA COSMETICA VILLA PARADISO commits to deliver the goods without undue delay and anyway no later than thirty days from the conclusion of the contract. Products are delivered by courier and delivery time may vary according to destination. Delivery time stated at the moment of the order are indicative.
7.2 LINEA COSMETICA VILLA PARADISO ships to all Countries mentioned in the website. The delivery will be made without appointment.
In Italy the delivery is free of charge for orders higher than 100 € (one hundred Euros); for order of lower amount, a fee contribution of € 10.00 (ten/00 euros) will be applied. For foreign Countries the delivery is free of charge for orders higher than 200 € (two hundred Euros); for order of lower amount, a fee contribution of € 30.00 (thirty/00 euros) will be applied. For shipment in countries not mentioned in the website, a specific offer will be expressed on a single case basis.
7.3. LINEA COSMETICA VILLA PARADISO shall not liable for any reasons in case of delays related to order fulfillment or delivery of the Products included in the Purchase Contract.
7.4. Ordered Products will be shipped to the address provided by the Customer. Upon delivering the products to the assigned courier, LINEA COSMETICA VILLA PARADISO will send an email to the Customer to confirm shipment.
7.5. Deliveries are completed from Monday to Friday during office hours except for national holidays and according to the terms provided by the courier selected by the Customer. Delivery is deemed completed when the Products are made available to the Customer at the address specified in the order form. In case of failure to deliver due to absence of the recipient at the specified address, the courier will sent a notice by email and attempt another delivery according to the courier’s procedures.
If the new delivery fails for absence of the recipient, the Customer Care service will attempt to contact the Customer and organize an additional delivery. If the Customer Care service is unable to reach the Customer for the following 10 days or delivery continues to fail due to absence of the recipient, the Products in the order will be shipped back to LINEA COSMETICA VILLA PARADISO. After 30 (thirty) days from the date when the order Products are returned to LINEA COSMETICA VILLA PARADISO due to impossible delivery, the contract is deemed terminated and the purchase order is cancelled pursuant to article 1456 of the Civil Code. LINEA COSMETICA VILLA PARADISO proceeds to refund the amount paid by the Customer net of charges for the return of Products and storage at the courier’s facility.
7.6. Termination of contract and refund amount will be communicated by email. The refund amount shall be credited on the method of payment used by the Customer for purchase. If the Customer requests to be delivered the purchased products before the thirty days have expired, LINEA COSMETICA VILLA PARADISO shall proceed with a new shipment and charge the cost of the shipment as well as the expenses to return the Products to LINEA COSMETICA VILLA PARADISO and the storage costs.
7.7. At the moment of Product delivery by the carrier assigned by LINEA COSMETICA VILLA PARADISO, the Customer shall carefully verify that:
- a) the anti-tampering tag is intact and the packaging is not damaged nor altered.
- b) the number of parcels matches the information on the delivery documents.
7.8. Potential damage to the anti-tampering tag, packaging and Products or a mismatch in the number of pieces/parcels or instructions shall be immediately claimed by the Customer, who can contact LINEA COSMETICA VILLA PARADISO’s Customer Care service specifying the order subject to this issues.
7.9. In case of force majeure, unavailability of transportation and other unexpected or inevitable events delaying, hindering or preventing delivery or else causing a significant increase in delivery costs for LINEA COSMETICA VILLA PARADISO, the company is entitled to divide, postpone or cancel, entirely or partially, the delivery and terminate the Purchase Contract. In such cases, LINEA COSMETICA VILLA PARADISO will send timely and appropriate communication about its decisions to the Customer’s email address. The Customer is entitled to a refund of the amount, if paid, but not to make any other claim for any reasons to LINEA COSMETICA VILLA PARADISO.
8. Right of Withdrawal and Relevant Effect
8.1 The Customer has the right to withdraw from the contract within 14 days (withdrawal period) without providing any reason.
8.2 The withdrawal period expires (i) after 14 days from the date when the Customer or a third party other than the carrier and entrusted by the Customer acquires physical ownership of the goods, or (ii) from the date when the Customer or a third party other than the carrier and entrusted by the Customer acquires physical ownership of the last parcel in case of a contract including multiple parcels pertaining to a single order and delivered separately.
8.3. In order to be able to exercise the right of withdrawal, the Customer shall inform LINEA COSMETICA VILLA PARADISO about his willingness to withdraw from the contract by sending an explicit statement by post, fax or email or else using the form on the Website and reporting the order number and the products subject to withdrawal.
8.4. To comply with the withdrawal period, the Customer shall only send a communication containing his willingness to exercise the right of withdrawal before the expiration of the relevant period.
8.5. In case of withdrawal, the Customer will be refunded all payments made to LINEA COSMETICA VILLA PARADISO, including shipment costs (except for additional expenses for selecting a more expensive delivery other than the standard delivery). The Customer will only be charged the costs for Product return. Pursuant to article 56, paragraph III of the Code of Consumers, the refund will be performed after due receipt of the returned goods by LINEA COSMETICA VILLA PARADISO and verification of compliance with the requirements. Refund will be full or partial if a reduction in the value of returned goods is found. In such case, LINEA COSMETICA VILLA PARADISO shall send a communication at the moment of refund and indicate the amount subtracted from the refund total amount and the reasons. Irrespectively from the method of payment used by the Customer (credit/debit card, cash at delivery), the refund process will be started by LINEA COSMETICA VILLA PARADISO as soon as possible and anyway no later than 14 days from the date when the willingness to exercise the right of withdrawal was acknowledged and after verification that withdrawal complied with the terms and conditions mentioned above.
8.6. The Customer shall ship or return the goods to LINEA COSMETICA VILLA PARADISO via Trevisago n. 59 Manerba d/G. (25080 – BS), Italy, without undue delay and anyway no later than 14 days from the date when withdrawal from the contract has been communicated. Requirements are complied with if the Customer returns the goods before the 14 day period has expired. Direct costs for goods return are charged to the Customer. The Customer is solely responsible of the reduction in the goods value due to handling other than what is required to establish the nature, characteristics and functioning of the goods.
8.7. The Customer shall not exercise the right of withdrawal if goods are sealed and not subject to return after opening due to hygiene or health and safety reasons.
9. Non-Compliance and Faulty Products
9.1. The Products offered on the Website are compliant to national and EU legislations. The images and colors of the Products published on the Website may differ from reality due to the system’s local settings and/or devices used for display.
9.2. If the purchased Products fail to conform with the description published on the Website and in case of faulty or defected products, the Customer is entitled to immediate refund of the non-compliant goods providing photographs are sent to show the damage or non-compliance of the Product.
9.3. A communication by LINEA COSMETICA VILLA PARADISO will follow with the methods for refund and exclusion of any other liability for any reasons.
9.4. The foregoing shall be without prejudice to the provisions on legal warranty and goods compliance established by the Italian Code of Consumers (Legislative Decree 206/2005, Section IV, Articles102-135).
10.Protection of Personal Data
Customer’s information are handled by LINEA COSMETICA VILLA PARADISO in compliance with current laws on the protection of personal data, as specified in the dedicated section “Privacy statement”.
11. Communications and Complaints
Any communication or complaint from the Customer to LINEA COSMETICA VILLA PARADISO about the Purchase Contracts shall be addressed via email to email@example.com
12. Intellectual Property Rights
All trademarks (both registered and not registered) as well as any intellectual property, distinctive mark or denomination, image, photograph, written or graphic text and any other intangible property protected by law and international regulations on intellectual and industrial property reproduced on the Website are exclusive property of LINEA COSMETICA VILLA PARADISO and/or its licensor; access to the Website and/or signing Purchase Contract shall not be intended as a transfer of rights on the aforementioned intellectual property. Any use, including partial use, of such property is forbidden without prior written authorization from LINEA COSMETICA VILLA PARADISO, which has all rights reserved exclusively.
13. Legge applicabile e Foro competente
13.1 The present General Terms and Conditions and any other contracts signed with the Customer are governed by the Italian law.
13.2 The Court of jurisdiction for any dispute arising from the interpretation, execution, validity or effect of the present General Terms and Conditions and any other contracts signed with the Customer is exclusively the Court of Brescia.