GENERAL CONDITION OF SALE FOR PURCHASES MADE ON THE SITE YOUCHOOSECOSMETICS.IT

 

MARTA P S.A.S. DI MARTA PIRO & C. owner of the brand Youchoose invites all users to read these general conditions of sale before proceeding to purchase.  These general condition of sale can be printed and/or saved by the customer on another durable medium.

The website youchoosecosmetics.it is owned by MARTA P S.A.S. DI MARTA PIRO & C. with legal officies in Naples, street address Via F. Del Carretto 26 80133 NAPOLI vat 09654451211 registered in the chamber of commerce of Naples at n. rea 1048091

The purchaser before proceeding with the purchase is required to read the present general condition of sale.

By concluding the purchase, the buyer declares that he has read the general condition of sale and to unequivocally and expressly accept its contents.

The purchase of products made on the site youchoosecosmetics.it is regulated by these conditions of sale that can be changed at any time by MARTA P S.A.S. DI MARTA PIRO & C. with effect from the date of publication on the site.

MARTA P S.A.S. DI MARTA PIRO & C. observes the law on distance contracts referred to in Articles 49 and following D.Lgs n. 206 of 6 September 2005 (consumer code) as well as relating to electronic commerce referred to in D.Lgs n.70 of 9 April 2003. These conditions must be considered integral and substantial part of the contract.

 

1.DEFINITION

 

1.1 For the purposes of these general conditions of sale , we mean by:

 

‚ÄúOnline Sales Contract‚ÄĚ: the sales contract relating to movable tangible assets marketed by MARTA P S.A.S. DI MARTA PIRO & C. stipulated between this and the consumer, as part of a distance selling system organized by MARTA P S.A.S. DI MARTA PIRO & C. through accessible telematic tools:

-through the website at youchoosecosmetics.it

 

‚ÄúCustomer‚ÄĚ means a consumer who is natural person, over 18 years of age (or, if a minor, authorised by his legal representative ), who makes the purchase referred to in this contract, for purposes not related to commercial activity, entrepreneurial , craft or professional possibly carried out

 

1.2 For the purposes of these general conditions of sale, the Customer and MARTA P S.A.S. DI MARTA PIRO & C. are individually or jointly referred to respectively as the ‚ÄúParty‚ÄĚ or the ‚ÄúParties‚ÄĚ

 

2. OBJECT

With the present contract, respectively, MARTA P S.A.S. DI MARTA PIRO & C. sells and the Customer buys at a distance, through telematic tools, the movable tangible goods indicated and offered for sale in the site.

The customer may select one or more products from the different categories avaliable that 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 differ in color, size and accessories products.

These Genral Terms Conditions of Sales do not govern the provision of service or the sale of products made by third parties using direct links to the website youchoosecosmetics.it through banners or other hyperlinks/links. MARTA P S.A.S. DI MARTA PIRO & C. in no case can be held responsible for the provision of the services promised by third parties or for the execution of electronic commerce transactions between the Customers of MARTA P S.A.S. DI MARTA PIRO & C. and Third parties.

MARTA P S.A.S. DI MARTA PIRO & C. reserves the right not to process orders received from users who are not customers, as well as any other order that does not comply with the provisions of these general conditions of sale.

 

3.STIPULATION AND CONCLUSION OF THE CONTRACT

 

3.1 The Customer, for the purposes of concluding the contract, declares ti have full capacity to act and enter into a contract for the purchase of products and/or service on the Site in accordance with these General Conditions of Sale.

MARTA P S.A.S. DI MARTA PIRO & C. may not under any circumstances be required to verify the ability to act of visitors and Customers of Site, reserving the right to refuse the execution of orders by those who have no ability to contract.

3.2 The Contract between MARTA P S.A.S. DI MARTA PIRO & C. and the Customer through the internet ends by completing the following procedure, avaliable in italian and English language, which can always be corrected, modified and cancelled, untill the time of sending the order:

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† accessing on the website youchoosecosmetics.it it, the Customer must add the desired products to the chart , complete all the following pages following the istruction (the pages: ‚ÄúCustomer Data‚ÄĚ, ‚ÄúPayment Method‚ÄĚ and ‚ÄúOrder Verification‚ÄĚ) and electronically transmit to MARTA P S.A.S. DI MARTA PIRO & C. the page with the necessary personal data and the purchase order;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† the order page contains information on the main characteristics of each product ordered and its price (including VAT), a summary of the data entered by Customer, the type of payment chosen for the purchase, the conditions and any costs for the delivery and transport of the products, as well as a link to these general conditions of sale;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† before proceeding with the sending of order, the Customer will be required to accept these general conditions of sale and consent to the processing of their personal data, by clicking on the relevant confirmation space (on the order page) and then to identify and correct any possible errors occurred during the completion of the fields. It‚Äôs recommended to read carefully the General Terms and conditions governing the sale and purchase;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† an order will be deemed sent when MARTA P S.A.S. DI MARTA PIRO & C. receives the order proposal electronically and the information relating to the order will have been checked beforehand as correct;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† the Customer expressly recognize that placing the order, following confirmation, implies the Customer's obligation to pay the price and other amounts due under these general conditions of sale;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† the contract is not considered completed and effective between the parties in default of full payment by the Customer of the price provided for in the order.

 

3.3 The contract concluded between MARTA P S.A.S. DI MARTA PIRO & C. and the Customer shall be considered concluded, except as provided for in the following point, with the acceptance of the order by MARTA P S.A.S. DI MARTA PIRO & C. and the full payment of the price by the Customer, provided  that the entire order process is completed  in full and correctly, without any highlighting of error messages by the site. Acceptance of the order is considered expressed with the confirmation e-mail to the Customer. The confirmation e-mail contains the details of the Customer and the order, a reference to these general conditions of sale applicable to the contract by direct link to them, the price of the purchased goods, the chosen means of payment, the costs and times of transport, the applicable taxes  and charges, the indication of the right of withdrawal and the shipping address to which the goods will be sent.

A second  e-mail will be sent to the Customer at the time of shipment of his Order. MARTA P S.A.S. DI MARTA PIRO & C. will not be liable in case of invalid e-mail address and/or failure to receive the Order Confirmation E-mail for reasons not directly attributable to it. In this case , the sale will be considered as final but the Customer may nevertheless exercise the right of withdrawl under the conditions referred to in article 9 of these General Conditions of Sale.

MARTA P S.A.S. DI MARTA PIRO & C. recommends the Customer to keep these electronic communications on paper or computer. The Customer is obliged to verify the correctness of the data contained in the confirmation email and to promptly notify any corrections to MARTA P S.A.S. DI MARTA PIRO & C. at the email address indicated in the foreword of these general conditions.

 

3.4 MARTA P S.A.S. DI MARTA PIRO & C. reserves the right not to take charge, suspend, cancel or refuse the execution of the order regardless of the nature and progress of the processing, in case of:

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† non-payment or partial payment of any sum due from the Customer;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† in the event of fraud or attempted fraud relating to the use of MARTA P S.A.S. DI MARTA PIRO & C.. Website, even with regard to previous orders,

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† if the orders are incomplete or incorrect, of if the products are no longer avaliable.

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† If it‚Äôs evident that, in relation to the content of the order itself (price, quantity, description of the products as shown on the site) there has been a recognizable error (1431 cc), by way of example, the purchase of a product at a non-market price, the unlawful or repeated use of a discount already used and no longer usable,

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† or when a situation is clearly contrary to the will- of MARTA P S.A.S. DI MARTA PIRO & C. or the Customer- to proceed with the order.

In the above cases, the customer will be informed promptly  by e-mail and in any case within 30 days that the contract can not be executed and that MARTA P S.A.S. DI MARTA PIRO & C. cannot confirm or must cancel the purchase order specifying the reasons. If the Customer has already paid the price of the products covered by unprocessed order, the following article 6.2 will apply.

 

3.5 Pursuant to art 12 of D.lgs.s 70 of 2003, MARTA P S.A.S. DI MARTA PIRO & C. informs the Customer that every order sent is stored in digital or paper form and its headquarters, according to confidentiality and security criteria. The Customer can at any time request a copy to MARTA P S.A.S. DI MARTA PIRO & C.

 

4. PAYMENT METHOD

4.1 Any payment by the Customer may only be made by means of one of the methods indicated on the Site and on the app. We accept the credit cards of major international circuits and the prepaid and rechargeable cards issues by banks in italy listed below:

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† VISA, MASTERCARD, AMERICAN EXPRESS, POSTEPAY;

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† payment via PAYPAL is also accepted.

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† Bank transfer

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† Klarna

 

Please note that any bank charges will be borne exclusively by the Customer, even in case of refund.

 

4.2 If the unavaliability of a product is detected after the registration of the order and in any case in the event of cancellation of an order already paid, MARTA P S.A.S. DI MARTA PIRO & C. will, through the operator, refund the transaction amount to the Customer.

 

4.3  All orders, before being processed, are subjected to authenticity checks by the relevant credit card issuing institutions, to protect the customer. If the charge is not possible due the fact and fault of the Customer, the sale will be resolved pursuant to art. 1456 c.c. The customer will be informed promply by e-mail communication.

 

4.4 The communications relating to the payment and the data communicated by the customer at the time 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, with respect to which MARTA P S.A.S. DI MARTA PIRO & C. has no control or responsibility.

 

5. PRICES

 

5.1 The sales prices displayed on the site are indicated in Euro (are inclusive of VAT) and are referable only to products sold online. MARTA P S.A.S. DI MARTA PIRO & C.. can change the sales prices of its products at any time and without notice.

Please note that prices of products offered for sale on the Site are applicable in the context of distance selling via internet and may differ from the retail prices applied in the stores of MARTA P S.A.S. DI MARTA PIRO & C. present in the territory.

 

5.2 The prices applied will be the one in force at the time of the order and indicated in the order confirmation e-mail, without considering price increases or decreases, also for promotions, which may occur later. Without prejudice to the provisions of Article 3.4 above.

 

5.3 The shipping costs, which are borne by the customer, unless expressly indicated, as specified in art 7.7, are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process and before the payment of the page ‚ÄúVerification of the order‚ÄĚ.

 

5.4 The issues of invoice is not mandatory, unless it’s requested by the customer no later than the moment of the transaction, as indicated in art.22 of D.P.R of 26/10/1972 n.633. By sending the order to MARTA P S.A.S. DI MARTA PIRO & C.., the customer agrees to receive the invoice/receipt in electronic format.

The customer may receive the invoice/ receipt in paper from by making an express request to MARTA P S.A.S. DI MARTA PIRO & C.. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice.

 

6. AVAILABILITY OF PRODUCTS.

 

6.1 The availability of products refers to the moment when the customer consults the products sheets that are published on the site, which may indicate possible unavailability , even temporary, of individual products. These must however be considered purely indicative for effect of the lacked updating of the actual supplyes of products in real time to the purchase. MARTA P S.A.S. DI MARTA PIRO & C.. will in no way responsible for the temporary or definitive unavailability of one or more products.

 

6.2 In the event of unavailability, even temporary, of the products requested, MARTA P S.A.S. DI MARTA PIRO & C.. undertakes not to charge the customer the corresponding price. If the order has been trasmitted (possibly already with sending of the e-mail confirmation of the order by MARTA P S.A.S. DI MARTA PIRO & C..), and the price has already been paid for the items that are no longer available, MARTA P S.A.S. DI MARTA PIRO & C.. will refund the Customer of the amount paid for those items promptly informing him by written notice or by e-mail as indicated in point 3.4.

 

6.3 For the eventuality referred to the previous point, the customer may choose, alternatively, whether to accept a supply other than the one agreed upon, of the same value.

 

6.4 The choice of color depends exclusively on the will and free choice of the buyer, as confirmed at the time of payment of the order. MARTA P S.A.S. DI MARTA PIRO & C. guarantees the conformity of the chosen color with the color code expressly indicated on the site.

 

7. DELIVERY METHODS

 

7.1 MARTA P S.A.S. DI MARTA PIRO & C. will deliver the products selected and purchased by the express courier to the address indicated by the customer at the time of order, as confirmed in the summary email referred to in point 3.3

 

7.2 Orders will be processed upon receipt. MARTA P S.A.S. DI MARTA PIRO & C.. undertakes to deliver the products in the time indicated in the purchase order and in any case within 30 days from the date of conclusion of the contract.

 

7.3 The total amount of the delivery costs will be visible before proceeding with the confirmation of the purchase.

 

7.4 The goods shipped will be checked in advance in their entirety and then delivered to the freight forwarder. MARTA P S.A.S. DI MARTA PIRO & C. cannot be held in any way responsible towards the customer for any delays attributable to faults of the freight forwarder, and/or any tampering subsequent to the entrustment of the package to the freight forwarder. Such tampering, if immediately detectable, must be immediately challenged to the carries upon delivery of the package.

 

7.5 The customer, or the recipient of the purchase order, is invited to check the status of the package and products at the time of delivery and, in particular, to report any damage or anomalies of the package and products at the address email and/or to the toll-free number of the customer care of MARTA P S.A.S. DI MARTA PIRO & C. indicated.

The ordered goods depend exclusively on the free will of the customer. If it is refused without just and proven cause, MARTA P S.A.S. DI MARTA PIRO & C. will charge the customer the costs of return transport.

 

7.6 Deliveries are made in Italy to the delivery address specified in the order. No shipments are made outside the italian territory.

 

7.7 Shipping costs are borne by the Customer and the cost will be specified at the time of the order confirmation and before payment in order to provide the Customer with a clear detail of the costs before the same completes the purchase order, obliging the payment. The execution of the order determines express acceptance by the Customer of these conditions of sale, and therefore the express acceptance of the shipping costs quantified in the order summary and before the same is completed. The shipping costs are quantified according to the tariff that will the expressly indicated during the order confirmation.

 

7.7.1 MARTA P S.A.S. DI MARTA PIRO & C. reserves the right, at its own discretion, to provide free shipping for certain periods or specific occasion taking care to communicate from time to time to the users the duration and methods to enjoy promotions, advertising these promotions on its website. In the absence of specific indications on the existence and validity of curremt promotions, and unless otherwise appropriately advertised on the website, shipping costs shall in any case be born by the Customer.

 

8. RESPONSIBILITY

 

8.1 MARTA P S.A.S. DI MARTA PIRO & C. assumes no responsibility for any violation of these general conditions of sale, even if foreseeable, or for inefficiencies, where both are attributable to the fact of a third party, the fault or fraud of the customer, the occurrance of an event of force majeure or unforeseeable circumstances (e.g. by way of example but not exhaustive, strikes, riots, wars, etc.) or any other event not reasonably attributable to it, even in the case of purchase by a consumer who lacks the ability to act.

 

8.2 MARTA P S.A.S. DI MARTA PIRO & C. does not assume any responsibility for malfunction and failures of the internet, in the event that it fails to execute the order within the time allowed by the contract. MARTA P S.A.S. DI MARTA PIRO & C. does not assume any responsibility fot technical anomalies, including malfunctions of the system or bugs of the site and/or cause obvious and recognizable errors with respect to the different functions offered by the Site.

 

8.3 MARTA P S.A.S. DI MARTA PIRO & C. will also not be liable for damages, losses and costs suffered by the Customes as a result of the non-performance of the contract for reasons not attributable to the same, and unless they are due to the fact or omission of MARTA P S.A.S. DI MARTA PIRO & C. the customer is entitled only to the full refund of the price paid and any ancillary costs incurred.

 

8.4 MARTA P S.A.S. DI MARTA PIRO & C.. cannot be held responsible for the information, data and any technical or other inaccuracies that may contained in the site, if they have been communicated by third parties and have been verified by MARTA P S.A.S. DI MARTA PIRO & C. according to the criteria of ordinary diligence.

 

8.5 MARTA P S.A.S. DI MARTA PIRO & C. assumes no responsibility for any fraudolent and illegal use that may be made by third parties or credit cards, cheques and other methods of payment of the products purchased, where he demonstrated that he has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence.

 

8.6 It is specified that the visual rendering of the colour may vary in relation to e.g. (for purely illustrative but not exhaustive purposes) the type of screen used to make the choice and/or the brightness of the same etc. and therefore MARTA P S.A.S. DI MARTA PIRO & C. declines any responsibility in the event that the color, although compliant with the selected color code, is visually different from the customer’s expectations.

 

9. RIGHT OF WITHDRAW

 

9.1 The Customer has the right to withdraw without penality and without specifying the reason, within the period of fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the customer, acquires the physical possession of goods.  In the case of a contract relating to multiple goods ordered by Customer in a single order and delivered separately, the period strarts from the day on which the Customer or a Third Party, other than the carrier and designated by the Customer, acquires pshysical possession of the last good.

 

9.2 To exercise the right of withdrawal, the Customer is required to inform MARTA P S.A.S. DI MARTA PIRO & C. of his decision to withdraw from the contract through an explicit declaration through one of the following methods:

-registered letter sent by post to MARTA P S.A.S. DI MARTA PIRO & C., Vico Belledonne a Chiaia n.12, 80121 Napoli (NA)

- e-mail to: info@youchoosecosmetics.it

 

For this purpose, the Customer may use the type of withdrawl form provided for in Annex I part B to Legislative Decree No.206 of 6 September 2005, as shown below.

 

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† Recipient: MARTA P S.A.S. DI MARTA PIRO & C. Vico Belledonne a Chiaia n.12, 80121 Napoli (NA), e-mail:

 

I , the undersigned ___________, hereby notify you of the withdrawal from the contract for the purchase of the following goods: (insert a description of the products purchased), ordered on (or received on)

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† First name, Last name, Address of the Customer

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† Signature of the Customer (only if the form is notified in paper version)

‚Äʬ†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† Date

 

9.3  In order to respect the withdrawl period, it’s sufficient for the Customer to send the communication concerning the exercise of the right of withdrawl before the expiry of the withdrawl period (fourteen days).

 

9.4 If the customer withdraws from this contract, he will be refunded all payments made to MARTA P S.A.S. DI MARTA PIRO & C., including delivery costs (with the exeption of the additional costs deriving from its eventual choice of a type of delivery different from the less expensive type of standard delivery offered by MARTA P S.A.S. DI MARTA PIRO & C.) without undue delay and in any case not later than fourteen days from the day on which MARTA P S.A.S. DI MARTA PIRO & C. was informed of the decision to withdraw from this contract. These refunds will be made using the same means of payment used by the customer for the initial transaction; in any case, it will not incur any cost ad a consequence of such refund.

MARTA P S.A.S. DI MARTA PIRO & C. is not obliged to accept the return of the purchased item if the same, at the time of return, is damaged, worn and/or if, at the time of dispatch of the product to be returned, a suitable packaging has not been used to preserve the structural and/or functional integrity of the product. For hygienic reasons, sealed cosmetic products cannot be returned once casing has been removed. It’s in any case excluded the right of withdrawall in case the product has been opened and used by the buyer before the return. MARTA P S.A.S. DI MARTA PIRO & C. upon receipt of the product to be returned will make the appropriate checks to the specific case, the result of which will be sent to the purchaser by e-mail communication about the successful outcome of the check and acceptance of the return, or of the negative outcome of the check with an indication of the reasona why it’s not possible to accept the return of the product. In case of success, the refund will be made exclusively on the payment method used by the buyer at the time of purchase.

In no case and for no reason may refunds be accepted and made on different payment methods and/or in the name of subjects other than those indicated at the time of purchase. The refund will be made net of the costs incurred for the return of the products and the costs for their storage at the facilities of the courier in charge of their delivery. In the event that any dispute arises regarding the amount of the sum to be reimbursed, the purchaser expressly undertakes to contact, before taking any type of judicial and/or out-of-court action against MARTA P S.A.S. DI MARTA PIRO & C., the customer service of MARTA P S.A.S. DI MARTA PIRO & C. to info@youchoosecosmetics.it, within the essential period of 7 days from receipt of the communication on the amount of the refund.

 

9.5 In case of exercise of the right of withdeawal, the customer returns the goods or delivers them to MARTA P S.A.S. DI MARTA PIRO & C. without undue delay and in any case within thirty days from the date on which he communicated to MARTA P S.A.S. DI MARTA PIRO & C.. his decision to withdraw from the contract.

 

9.6 The customer is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

 

9.7 It’s understood that, in accordance with art. 59 lett. c) and e) Consumer Code, the right of withdrawal under this art 9. is excluded from the supply of goods made to measure or clearly customized and sealed goods that are not suitable to be returned for reason of hygiene or health protection (such as, for example, lipstick and make-up products involvinf psysical contact with the person), and were opened after delivery.

 

9.8 MARTA P S.A.S. DI MARTA PIRO & C. will not be responsible for any loss or damage or the product/s attributable to the Customer or to third parties, occurred after the delivery of the product, even if the right of withdrawal is exercised.

 

10. GUARANTEES AND ASSISTANCE ARRANGEMENTS

 

10.1 MARTA P S.A.S. DI MARTA PIRO & C.. markets high quality products. In any case, please note that the legal guarantee of conformity for the goods is provided by law for the protection of the Customer.

 

10.2 In any event, unless there is evidence to the contrary, it shall be presumed that any lack of conformity which occurs within one year of delivery of the goods already existed on that date, unless that hypothesis is incompatible with the nature of the goods or 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 goods purchased.

MARTA P S.A.S. DI MARTA PIRO & C.. may refuse to make such a remedy if the costs that the same should bear are objectively disproportionate, taking into account the circumstances of the case.

 

10.4 The request must be sent in writing, by registered mail, addressed to MARTA P S.A.S. DI MARTA PIRO & C. Vico Belledonne a Chiaia n.12, 80121 Napoli (NA). MARTA P S.A.S. DI MARTA PIRO & C. will communicate her willingness to process the request, or the reasons that prevent her from doing so, within ten working days of receiving the request. In the same communication, if the Customer’s request has been accepted, MARTA P S.A.S. DI MARTA PIRO & C. must indicate the methods and the deadline for returning or replacing the defective goods.

 

10.5 The Customer may request a reduction in the purchase price or the termination of this contract only in the following cases:

 

(a) When MARTA P S.A.S. DI MARTA PIRO & C. has not completed the repair or replacement already requested or, where applicable, has not completed the repair or replacement within a reasonable period related to the nature of the product, in any case not exceeding thirty days, since it has been informed by the Customer about the lack of conformity, or when MARTA P S.A.S. DI MARTA PIRO & C.. has refused to restore the conformity of the products;

 

(b)   when a lack of conformity persists despite MARTA P S.A.S. DI MARTA PIRO & C.  s.a.s. has attempted

to restore the conformity of the products;

c)   when the Customer can prove that the lack of conformity is so serious as to justify an immediate price reduction or the termination of the sales contract;

 

(d) when MARTA P S.A.S. DI MARTA PIRO & C. has declared, or this emerges clearly from the circumstances, not be able to restore the conformity of the products within a period reasonable in relation to the nature of the product, but not exceeding thirty days, or without significant inconvenience to the Customer.

 

10.6 It is understood that the Customer will not have the right to terminate the contract if MARTA P S.A.S. DI MARTA PIRO & C. is able to demonstrate that the lack of conformity of the product is minor.

 

10.7 The Customer shall in this case send its reasoned request for resolution or reduction of the price to MARTA P S.A.S. DI MARTA PIRO & C., which will indicate its willingness to give course to the same, or the objective reasons that prevent it from doing so, within seven

working days from receipt.

 

10.8 In the same communication,  if the Customer’s request has been accepted,  MARTA P S.A.S. DI MARTA PIRO & C.   s.a.s.   must indicate the reduction of the price proposed or the methods of

return of the defective goods following the termination of the contract. In such cases the MARTA P S.A.S. DI MARTA PIRO & C.. will credit the sums paid by the Customer exclusively on the method used by them for payment.

 

10.9 MARTA P S.A.S. DI MARTA PIRO & C. guarantees the compliance of the Products with the regulations applicable to confirmation of the purchase order. The Customer accepts and acknowledges that MARTA P S.A.S. DI MARTA PIRO & C. makes no warranty and assumes no liability in relation to the compliance of the Products with the legislation that is applicable after the order confirmation by the Customer.

 

11 CUSTOMER OBLIGATIONS

 

11.1 The Customer undertakes to pay the price of goods purchased in the times and ways indicated by these General Conditions of Sale

 

11.2 The Customer undertakes, once the online purchase procedure has been completed,  a print or download and store,   also in digital, of these General Conditions of Sale,  that have already been expressly accepted before the conclusion of the procedure.

 

11.3 The Customer is solely responsible for the correctness of the data entered in the procedure of registration and undertakes not to enter false data, and/or invented,   and/or fantasy. The Customer expressly relieves MARTA P S.A.S. DI MARTA PIRO & C. of any liability arising the issuance of incorrect tax documents due to inaccurate data provided by the same.

 

12 INTELLECTUAL PROPERTY

 

12.1 The trademarks MARTA P S.A.S. DI MARTA PIRO & C., as well as the set of figurative and non figurative trademarks and more generally all other trademarks, illustrations, images and logos present

on the web Site youchoosecosmetics.it are the exclusive property of MARTA P S.A.S. DI MARTA PIRO & C. and/ or the respective right holders of intellectual property and/or copyright on the same.

 

12.2 Total or partial reproduction,  modification,  tampering or use of said trademarks,  illustrations, images and logos,  for any reason and on any medium,are absolutely prohibited, without the express written permission of MARTA P S.A.S. DI MARTA PIRO & C.. and/or the respective owners of intellectual property and/or copyright.

 

13. PRIVACY

 

13.1 For information regarding the processing of personal data of the Customer and possibly the recipient of the purchase order by MARTA P S.A.S. DI MARTA PIRO & C. please consult the page of the Website dedicated to the Privacy Policy, available by accessing the following link: https://youchoosecosmetics.it/gb/content/8-privacy-policy

 

14 APPLICABLE LAW AND DISPUTES

 

14.1 All contractual relations between the Parties and these General Terms and Conditions are governed by Italian law.

 

14.2 For any and all disputes arising in connection with the application of these General Conditions of Sale, the courts of the place of residence or elective domicile of the consumer shall have jurisdiction.

 

14.3 The Customer may also promote one of the out-of-court dispute settlement procedures provided for by current legislation. To this end, the Customer has the right to promote the out-of-court resolution of consumer disputes with the bodies established by the Chambers of Commerce, industry and agriculture pursuant to the law of 29 December 1993, n.580 as well as recourse to mediation procedures referred to in D. Lgs. 28/2010 and subsequent amendments, subject to the conditions provided by the body chosen by the Customer and which will administer this procedure and therefore can contact the Alternative Dispute Resolution Bodies (ADR)   for the out-of-court resolution of the issue (a list can be found on the website www.mise.gov.it). It is subject to the possibility of using the procedures of voluntary and equal negotiation provided for by art.   2, paragraph 2, of the aforementioned legislative decree,   as well as the complaint procedures provided by the service cards. The Customer may also use the Online Dispute

Resolution (ODR) for online disputes through the online platform made available by the European Commission in accordance with EU Regulation 524/2013/EU, which can be accessed through the website http://ec.europa.eu/odr.

 

15 FINAL CLAUSE

 

15.1 These general conditions of sale repeal and replace any agreement, understanding, negotiation, written or oral,  previously intervened between the Parties and concerning the subject matter of this contract.

 

15.2 The present general conditions of sale are constituted by the totality of the clauses that compose them. If one or more provisions of these general conditions of sale is considered invalid or declared invalid pursuant to law or thereafter to a decision by a body having jurisdiction, the other provisions will continue to have full vigour and efficacy.

 

15.3 The fact that one of the Parties does not claim against the other one breach of any of the obligations contained in these terms and conditions of sale, will not be understood as a waiver to obtain fulfillment of the obligation in question for the future.

 

Pursuant to and for the purposes of art. 1341 c.c. the Customer declares to expressly accept and in full these clauses of the General Conditions of Sale with specific reference:   1 Definitions (1.1, 1.2);   2 Object;   3 Stipulation and conclusion of the contract   (3.1,   3.2,   3.3,   3.4, 3.5);   4 Payment methods   (4.1, 4.2,   4.3, 4.4);  5 Prices   (5.1,   5.2,   5.3,   5.4); 6 Availability of products (6.1, 6.2, 6.3, 6.4); 7 Delivery methods (7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.7.1); 8 Responsibility (8.1, 8.2, 8.3, 8.4, 8.5, 8.6); 9 Right of withdrawal (9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8); 10 Guarantees and assistance arrangements  (10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9);   11 Customer Obligations   (11.1,   11.2,   11.3);   12 Intellectual property  (12.1,   12.2 );   13 Privacy;  14 Applicable Law and Disputes (14.1, 14.2, 14.3); 15 Final clause. (15.1, 15.2, 15.3).