General conditions of sale for the Verdesativa.com website
In force since January 2008
Article 1: Definition and acceptance of the general conditions.
The Verdesativa SRL Company, (hereinafter “the Company”), a private limited liability company under Italian law with a capital of 10,000 Euros, having its registered office in Via C. Malpeli, 89 – Rome, ITALY, registered in the Commercial Registry of Rome with the number RM-1062663, occupies the e-commerce site located at the electronic address http :// www.verdesativa.com (hereinafter the “Site”). The Company constitutes a retail sales activity, through the intermediary of the Site, through a website connected to the Internet, of perfumery products, cosmetics and beauty products, and accessories, (hereinafter the “Products”) to private. The Site makes available to Internet users free of charge (with the exception of telephone costs for connecting to the site) information on the Products manufactured by various manufacturers referenced online in the catalogue, and an online ordering and payment system, subject to reservation by the customer (of followed by “the Customer) of these general conditions of sale (hereinafter the “CGV”). All orders placed through the Site, as well as the related services, are subject without exception to these GCS, which represent the entirety of the commitments existing between the Company and the Customer given his navigation on the site. Each Customer order entails full and complete acceptance, without any exception to these GCS.
Article 2: Products marketed on its Site.
The Site is an online sales site for certified natural cosmetics, beauty products and accessories. The Company sources its Products from manufacturers who have expressly agreed to be referenced on the site. The essential characteristics (qualitative and quantitative) of the Products that come directly from the manufacturers are described on the Site. These products are sold new. The Company expressly reserves the right to introduce new Products at any time, to eliminate all or part of the Products sold or presented on the Site, to change their presentation or cease their marketing on its Site, without being obliged to notify previously, nor to justify themselves to the Customer.
Article 3: Information accessible on the Site and limits of the Company’s responsibilities in relation to this information.
The Company is not responsible for any inaccuracies, errors or omissions that may appear in the description of the Products communicated to it by the manufacturers. The Company is not responsible for typographical errors present on the Site regardless of its will. Likewise, the photographs and graphics of the Site Catalogue, which illustrates the Products with the help of text, are indicative and are not contractual. They therefore do not bind the Company in any way, which is not responsible for any inaccuracies or errors introduced. The Company is not responsible: – interruptions or delays recorded on the Site due to maintenance work, technical failures, causes of force majeure, facts relating to third parties or other circumstances of any kind; – the temporary impossibility of accessing the Site, as in the case of interruption of the Internet network or problems with access to the Internet by the customer.
Article 4: Orders
The order on the site is subject to total compliance with the procedure described below and concretized online by a succession of different screens which indicate the different phases that the Customer must follow in order for his order to be considered valid by the Company. Orders are placed online, in accordance with the form on the Site which is indicated in the form of a cart, the contents of which are chosen by the Customer while browsing the various web pages of the Site. Filling the cart does not in itself constitute an order involving a commitment for the Company. The Customer undertakes to transmit complete, accurate and updated information to the Company. In case of incomplete or inaccurate information, the Company reserves the right to cancel the order and payment. In accordance with the IT and Freedoms law of 6 January 1978, the customer has the right to access, modify, rectify and delete personal data concerning him. To exercise this right, simply send a communication to: (email address) or to the Company’s registered office (specifying the service requested). The Customer is informed and accepts the fact that, since this is a retail sale, the quantity of products ordered by the Customer is limited, according to the indications made by the Manufacturers. Using the shopping cart tool, the Customer must select and confirm the identification and quantity of the Products ordered (the availability of which is subject to confirmation by the Company), and the purchase price. The customer can freely fill his online cart, delete an item he had selected but is no longer interested in purchasing, change the quantity ordered or add a product by clicking on the corresponding button. The customer must then confirm the billing address, the place of delivery and the chosen payment method: cash or credit card or PayPal. Once all the information has been selected and confirmed, the customer clicks on the “Confirm” button and his order form is directly transmitted to the Company’s commercial service. An order number is then assigned to the customer. Orders bind the customer from the moment the Company receives the order form duly completed and confirmed by the customer by clicking on the “Confirm” button. However, the order can be considered placed only after confirmation by the Company to the customer via e-mail, taking into account the information communicated by the customer and indicating, if necessary, any difficulties or reservations in satisfying the request (concerning the availability of the Products ordered or the chosen payment method). The Customer has a period of eight days to collect the order starting from the confirmation of the order made by the Company. Cancellation of the order must be notified to the Company by email with request for notification on reading to the email email@example.com or by registered letter with notification of receipt to the address: Verdesativa Srl – Via C. Malpeli, 89 – 00128 Rome.
Article 5: Order guarantees
In general, it is foreseen by an explicit agreement between the Company and the customer that the e-mails will be authentic, as will the automatic registration system used on the Site, especially with regard to the nature and date of the order, its receipt and confirmation, or any modification or cancellation.
Article 6: Modification of orders
All changes to the order requested by the customer can be taken into consideration by the Company only if received via emai firstname.lastname@example.org) before shipping the products. In any case, the company is not obliged to accept the requested changes. The Company reserves the right to cancel or refuse orders from a customer with whom there is a dispute relating to the payment of a previous order.
Article 7: Prices, invoices, payments
The products sold on the Site are reserved exclusively for private individuals. The prices indicated on the Site are indicative and updated regularly and are changeable without notice. In any case, the prices invoiced are those in force on the date of the order. The customer will also be able to take advantage, during certain periods, of promotional offers on some Products. These offers will be announced online on the Site and will be valid during the period indicated and always within the limits of available stocks. The prices indicated include taxes. The products remain the property of the Company until payment has been fully collected by the Company. Any shipping costs are invoiced additionally. A receipt is issued for each delivery and addressed by the company to the customer by post or e-mail to the billing address that the latter communicated at the time of the order. All complaints regarding receipts or supplies must be submitted to the Company by email at email@example.com. within 10 days following receipt of the invoice. Otherwise, it is considered accepted without reservation. Any incomplete delivery of an order cannot justify the refusal of payment for the Products delivered. Any dispute between the customer and the company is in no case the cause of the suspension of payment of the undisputed part of the tax receipt. Online payment is entrusted to the SSL guaranteed online payment system. The customer accesses a controlled server operating in SSL mode (128 bit) and certified by a Certification Body (PayPal). The customer must provide his bank details by completing the payment form online after clicking on “Payment”. The transaction is then carried out by the customer according to banking security regulations. The Company undertakes an obligation of means regarding the processing of the bank details (credit card number and expiry date) communicated by the customer on the Site. By communicating his bank details, the customer accepts in advance and without conditions that the Company will proceed with the secure transaction. The Customer therefore authorizes his bank in advance to debit his account after having read the records or findings transmitted by the company, even in the absence of an invoice hand-signed by the cardholder. The authorization to debit the customer’s account is always given for the amount of the product purchased, as invoiced by the company.
Article 8: Customs duties
All orders placed on the site and delivered outside Italy may be subject to any taxes, customs duties and duties when the package arrives at its destination. Customs duties and any taxes related to the delivery of an item are the responsibility of the customer and are his sole responsibility. The Company is not required to verify or inform the customer of applicable customs duties and taxes.
Article 9: Delivery methods
Delivery is carried out by a courier external to the Company. It will begin from the moment of collection of the Products by the courier who will deliver the ordered product to the delivery address communicated by the customer on the order form. Delivery takes place exclusively in Italy or in member countries of the European community. Deliveries are made according to availability and in the order of arrival of orders, according to the first-come, first-served principle. In the event of stock running out of one of the products ordered, the Company will inform the Customer of the new availability of the Products and will proceed, unless otherwise instructed by the customer, to partially deliver the order. In general, orders cannot be canceled if stocks run out (unless by prior written agreement between the parties). The Company will do its best to deliver or have the products delivered within two working days following confirmation of the order by the Company. Delivery periods are indicative and do not constitute an obligation of result. Delay in delivery cannot under any circumstances give the right to cancel the order in progress, and no compensation or penalty for late delivery, whatever the cause, importance and direct or indirect consequence, can be requested by the customer. The Company’s liability is not affected in the event of delivery delays attributable to the courier or causes of force majeure. The following are considered causes of force majeure, which fully and without formalities release the company from its delivery obligation and more generally from any liability: strikes, accidents or manufacturing delays by the manufacturer, war, riots, fires, floods, damage caused by water, storms, lightning, requisitions, decisions of any authority, inability to be supplied, failure or delay in the transport of products, or more generally in the event of an event beyond the company’s control. The Company will inform the customer, within a reasonable time, in the event of force majeure events likely to disturb the delivery process of the requested product. In any case, if the ordered product has not been delivered 8 days after the indicative delivery date, for reasons other than force majeure, the sale may be canceled upon request of the customer via email with notification of reading to the address : firstname.lastname@example.org. In this case, the customer will be able to obtain a refund of the sums paid for the order, to the exclusion of other compensation or damages-interest. The customer will also have the possibility to accept a new delivery, without demanding a reduction in price or damages or interest. In any case, delivery within the indicated period can only take place if the customer is punctual in his obligations towards the company, whatever the cause. Article 10: Receipt of products. Il Cliente alla ricezione dei prodotti ha l’obbligo di verificare, immediatamente, la conformità e l’integrità di quanto ordinato. In the event of non-compliant or damaged products, you must raise a written complaint with the courier and send a copy to the Company: email@example.com. Taking care to specify in detail what the problem is, as well as the reference order number in order to precisely identify the shipment to which you are referring.
Article 11: Right of Withdrawal
In the event of a technical anomaly of the product or an error on the delivered product, the customer will follow the product withdrawal procedure described below. The costs and risks of returning are always borne by the customer. Technical anomalies and errors on the product must be communicated to the company by e-mail within seven days, starting from the delivery date, indicating the customer’s data, the number and date of the tax receipt, the product reference, the quantity and the exact reason for the request. The products must imperatively be returned complete, in perfect condition and in their original packaging. placed in a virgin box, taking care not to add writing or adhesive tape on the original packaging. The Company reserves the right to refuse any withdrawal that does not comply with the conditions mentioned above. The request will not be accepted in the event of an open or damaged product, if this status has not been indicated to the company at the time of the agreement on the return of defective products. Any withdrawal accepted by the company, after a qualitative and quantitative verification of the returned products, will entail, for the exclusive benefit of the customer, a refund, excluding any compensation or damage.
Article 12: Guarantee
In addition to the legal guarantee against hidden defects in the articles, for which the customer must promptly notify the company by registered letter with return receipt of the existence of such defect, the Products sold by the company benefit from a manufacturer’s guarantee and/or its supplier to the company. The warranty granted by the manufacturer is binding only on the latter. The Company as intermediary-distributor does not provide any contractual guarantee on the Products, which are sold as supplied.
Article 13: Limits of liability
The products offered comply with the Italian legislation in force and with the standards applicable in Italy and in the European communit The Company’s liability cannot be assumed in the event of non-compliance with the legislation of the country where the product is delivered (for example in the event of a ban on a product…). It is up to you to check with local authorities the possibilities of importing or using the products or services you wish to order. If the liability of the Company were to be taken into consideration following the non-compliance or incorrect execution of its services, the total compensation could not, by express agreement, exceed an amount equal to the price of the product which caused the damage.
Article 14: Intellectual and industrial property rights
The Company manages the Site which remains its exclusive property. The Company created and put online the web pages, images and written sources, the basic data constituting the site. The customer is therefore prohibited from disseminating or reproducing the Site, in whole or in part, in any form. The Company is, for its part, the holder of a license on the “Verdesativa” and “lOmega+” trademarks duly registered with the Intellectual and Industrial Property Institute, and the competent national offices for Italy. The customer recognizes the exclusive rights existing on the “Verdesativa” and “Omega+” brands and is prohibited from making any use of them and more generally compromising the intellectual and industrial property rights of the Company and the site. The Company reserves the right to request damages and interest in the event of falsification and more generally damage to its intellectual and industrial property rights. On the other hand, the customer is informed that the products offered for sale on the site are protected by trademarks, designs and models and other similar or complementary intellectual and/or industrial property rights. The customer also undertakes not to cause them harm.
Article 15: Settlement of disputes
The relations between the Company and the customer are subject to Italian law and the Vienna Convention on contracts for the international sale of goods. Any dispute relating to the interpretation, execution or breach of the contract stipulated between the Company and the customer, even in the event of an appeal under warranty or multiple defendants, will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Italian jurisdictions territorially competent in particular: Court of Rome.
Article 16: IT and freedom
The customer’s personal data (name, surname, company name, function, email and geographical addresses, telephone and fax numbers, banking information) are collected by the Company for the needs of good management of orders, deliveries and invoices, and in compliance with the Italian provisions of the IT and freedom law n°78-17 of 6 January 1978, of the Italian provisions derived from Legislative Decree n°196 of 06/30/2003 applicable on 1 January 2004, as well as the provisions community regulations applicable in the matter. The information that must be registered by the customer in order to place orders is identified with an asterisk. The customer has at any time the right to access, modify, correct and delete the personal information concerning him collected by the Company. To exercise this right, the customer can, at his/her choice, send an email to firstname.lastname@example.org or send a letter to the Company’s headquarters (with a photocopy of the identity card). By placing an order on the site, the customer gives his consent to the use of personal data collected during the order as an archive of the Company’s customers for billing purposes. The Company will store this information for a period of 2 years after the order on electronic media. The Company may use personal data relating to the customer for the purpose of sending him commercial offers that may interest him. In application of the IT and Freedoms law, the customer however has the right to object to the receipt of unsolicited commercial investigation documents by e-mail by ticking the box provided for this purpose online or by sending a letter to the Company’s headquarters. Finally, the Company may also be required to transmit the personal data communicated by the customer to business partners for the purpose of investigation. In application of the IT and Freedom law, the customer however has the right to object to the transmission of his personal data to third parties by ticking the box provided for this purpose online or by sending a letter to the Company’s headquarters. As part of the fight against Internet fraud, information relating to your order may be transmitted to FIA-NET for verification.
Article 17: License to access the Site
The Company grants a limited license to access and use the site for the customer’s personal use. The customer is never authorized to download or modify all or part of this site without the written and express authorization of the Company. This license does not allow you to use, for sale or for any other commercial use this site or its contents (products listed, descriptions, price, downloading or copying of information on behalf of another merchant, use of data, software, sound extracts , graphics, images, texts, photographs, media). This Site or any portion of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written permission of the Company. The Company authorizes, on a non-exclusive and non-exclusive basis, to create a hypertext link (link) that directs to the home page of the Site provided that this link cannot create a misleading character towards the Company, or to our products or services, false, derogatory or likely to cause harm. The creation of this link does not engage the Company’s responsibility, in any capacity, for the content of your site. Any use of our logo, brand or graphics in the aforementioned link requires our express and written authorization.
Article 18: Comments, criticisms, communications and other content
Users of this Site may direct criticism, comments or any other content to the Company; submit proposals, ideas, issues or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, libelous, does not constitute an infringement of intellectual property rights, does not harm third parties, does not contain computer viruses, is not a message political, commercial, or any form of “spam”. You must not use a false e-mail address, impersonate a person or entity, or lie about the origin of the content. The Company reserves the right, at its sole discretion, to remove or modify any content, in particular for technical reasons (insufficient stock capacity, virus, clarity of the web page) or legal reasons (defamatory, false, racist, obscene or justifies crimes against humanity). The reasons cited above are examples and should not be interpreted as exhaustive. If a customer directs content to us, unless otherwise stipulated by the Company, this customer agrees to grant the Company the right, non-exclusive, free and for the legal duration of the copyright to exploit, reproduce, modify, adapt, publish, translate, distribute, publish this content throughout the world and on any medium. The customer grants us, as well as our group companies, the right to use the name that the customer communicated to us when providing the content. The customer then renounces the right to be identified as the author of the content. The client also agrees to carry out all acts necessary to perfect the rights that he grants to the Company, in particular the execution of any act and any document at our request. The customer represents and warrants to the Company that he owns or has the necessary rights to the content he transmits; that, on the date of transmission of the content: (I) the content is clear and true, (II) the use of the content does not violate one of our policies and will not threaten a third party (in particular that the content will not be defamatory). The client agrees to compensate the Company in the event of action by a third party against the Company since this action would have as its basis or origin the content that the client has communicated to the Company.
Article 19: Not waiver
The fact that the Company refrains from demanding at a given moment the execution of any of the provisions of these GCS cannot be interpreted as meaning a waiver from further invoking the aforementioned total or partial non-compliance.
Article 20: Validity of the General Conditions of Sale
If any of the provisions of these GCS is declared null and void completely or partially, the other provisions and other rights and obligations arising from these GCS will remain unchanged and remain applicable.
Article 21: Access to the General Conditions of Sale
The updated version of the GCS is always accessible to the Customer online.