Terms and Conditions
The terms and phrases listed below have the meanings indicated below, it being understood that terms defined in the singular are also defined in the plural and vice versa.
- Customer: means any person (natural or legal person) who purchases one or more Products through the On-Line Shop, accepting the General Conditions.
- Dermalena Sas: means company with registered office in San Donà Di Piave, Via Via Argine San Marco, 58 for the retail sale of Products through the On Line Shop.
- Parties: means jointly and Customers.
- General Conditions: means these general conditions of sale and any future new versions that may be published in the Online Shop by.
- On Line Shop: means the virtual shop, managed by and accessible through the URL http://www.dermalena.it, through which you can buy the Products.
- Sale and Purchase Agreements: means the contracts for the purchase and sale of the Products concluded, pursuant to clause 3., between the Customers through the On-Line Shop.
- Orders: means the purchase orders of the Products sent by the Customers, in compliance with the General Conditions and following the procedure set forth in art. 6.
- Order Confirmation: means the e-mail message through which it communicates to Customers the acceptance of Orders.
- Price: means the selling price of the Products as indicated in the On-Line Shop in correspondence with the Products themselves.
- Products: means the products published in the Online Shop for the purpose of their sale.
- Profile: means the area of the On-Line Shop where the Customers may, upon authentication: (i) view and modify their personal data and the addresses where the Products ordered are to be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function related to their activity in the On-Line Shop.
2.1 The General Conditions govern all Sale and Purchase Agreements and form an integral part thereof.
2.2 Dermalena Sas reserves the right to modify the General Conditions at any time, it being understood that the General Conditions shall be applicable to the Sale and Purchase Agreements as published in the On-Line Shop at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.
3.CONCLUSION OF PURCHASE AND SALE CONTRACTS
3.1 Dermalena Sas undertakes to send the Order Confirmation to the Customers within 5 working days from the receipt of the Orders by the Customers.
3.2 The Sale and Purchase Agreements shall be deemed concluded between the Parties when the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term indicated under clause 3.1, the relevant Order shall be deemed as rejected by and, therefore, ineffective.
3.3 By placing the Orders, the Customers declare to have read all the instructions concerning the method of purchase of the Products under clause 6 and to have fully accepted the General Conditions as well as to have read all further information contained in the On-Line Shop, also referred to through links.
3.4 The Orders will be stored in the On-Line Shop's database, according to the procedures and in compliance with the provisions of Legislative Decree no. 196 of 30.06.2003 ("Privacy") and will be accessible by contacting the references referred to in art. 16 or by accessing the Profile.
4.1 The type of Products published in the On-Line Shop and their availability may change at any time without any liability to the Customers.
4.2 In case of unavailability of a Product indicated as available at the time of sending the Order by a Customer, Dermalena Sas, without prejudice to the provisions of art. 3.2, undertakes to indicate to such Customer, in a subsequent communication by e-mail, the estimated time for a new availability of the Product(s) subject of the Order sent by the Customer. The Customer may withdraw the Order within 48 hours from receipt of such communication of (without prejudice to the right of withdrawal as set forth in art. 9) by sending an e-mail to the address specified in art. 16. In this case he undertakes to refund the Price as soon as possible.
4.3 Dermalena Sas reserves the right not to indicate the availability of or some Products published in the Online Shop.
5.PRICE AND SHIPPING COSTS; TAXES AND DUTIES
5.1 The Price is expressed in € (Euro). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.
5.2 The Price is inclusive of VAT (22%).
5.3 The Price does not include shipping costs. Dermalena Sas reserves the right to ask Customers for a contribution to shipping costs equivalent to €4.50 for orders below €50.00. For orders over €50.00 no shipping costs are required.
5.4 The contribution required by Dermalena Sas for the shipping costs is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers together with the payment of the Price according to clause 7.
5.5 Any taxes, levies, duties and other charges provided for by the laws of the country where the Products are shipped and delivered shall be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the courier in charge of the delivery.
6.HOW TO SEND ORDERS
6.1 In order to place Orders, Customers can access the store, choose the products they like and then, before placing the order, after having entered their data in the appropriate fields, they can create their own account by placing a flag in the "Create an account?
This operation is optional. If you decide not to create an account Clients will not have access to your user profile.
Orders can also be placed in "Guest" mode or without any access or registration to the site.
Following the order will arrive an email confirming the order and an email confirming the creation of the user profile (if the appropriate flag is affixed as described above). In this email will be inserted the username (email that customers have indicated during the order) and a password automatically generated by the system.
Customers also have the possibility to create their personal Account a priori, by going to the sidebar of the site (menu in Hambugher) and pressing the "My Account" button.
In the screen that will appear you can log in (if already registered) or register by entering your email in the appropriate field.
6.2 Customers already registered and after logging into their personal Account by going to the sidebar of the site (menu in Hambugher) and pressing the "My Account" button, can purchase Products by selecting them from the various categories found under "Products" in the main menu and placing them in the "shopping cart". If the Products that the Customers intend to purchase are more than one, the same procedure must be repeated. Once the selection of Products has been completed, Customers shall click on "view cart". After verifying the correctness of the data related to the chosen Product(s), entering any promotional codes, selecting the free shipping as described under clause 5.3, the Customers shall click on "conclude order". After having entered their personal data for billing and shipping and possible account creation as set forth under clause 6.1, Customers shall choose the payment method as set forth under clause 7. Once the payment method has been chosen, Customers may proceed with the placement of Orders by clicking on "place order".
NB: Already registered Customers can also place orders in "Guest" mode as described in art. 6.1.
In case Customers are not yet registered, Dermalena Sas will make available what indicated in art. 6.1.
7.METHODS OF PAYMENT
7.1 The Customers may pay the Price and the contribution for the shipping costs as set forth under clause 5 by cash on delivery, credit card, PayPal, bank transfer. Dermalena Sas reserves the right to change, at any time, the methods of payment available to the Customers, provided that the methods of payment available to Dermalena Sas shall be considered as available at the time the Orders are placed by the Customers.
7.2 In case of payment by credit card, the Customers will be charged with the Price and the shipping costs as set forth under clause 5, after having verified the credit card data and received the debit authorization from the company issuing the credit card used by the Customers, together with the Order Confirmation. The credit card data sent during the execution of the Orders are protected and are sent directly to the banking company that handles the payments. Payment is made directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. The credit card information is not accessible by Dermalena Sas or third parties, neither at the time of sending the Orders nor later.
7.3 If the payment is made by bank wire transfer, the Customers shall make the wire transfer to the bank details indicated in the On-Line Shop, indicating in the reason for payment the number communicated by Dermalena Sas at the time the Order is placed by the Customers and in the Order Confirmation.
7.5 At the same time of placing the Orders, Dermalena Sas shall send to the Customers regular invoices, within the shipment and/or by e-mail. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No change of the invoice shall be possible after its issue by DERMALENA Sas.
7.6 The information received from Customers pursuant to clause 7. shall be used exclusively to complete the procedures relating to the sale of the Products and for refund procedures in case of exercise of the right of withdrawal under clause 9. by Customers.
8.SHIPPING AND DELIVERY OF PRODUCTS
8.1 Given that "shipping" of the Products by Dermalena Sas means the delivery of the same to express couriers pursuant to art. 8.2, it is not required to ship the Products until it has received payment of the Price; once it has received payment of the Price, it undertakes to ship the Products:
(i) in case of available Products (as defined in art. 4.):
- within 3 working days from receipt of the notice of debit authorization referred to in art. 7.2 in case of payment by credit card;
- within 3 working days from the moment in which the information of payment has been made available to Dermalena Sas in case of payment by means other than credit card;
(ii) in the case of available Products which have become unavailable (as defined in Article 4.3), within 3 working days from the moment when such Product or Products are available again, without prejudice to the Customer's right to withdraw the Order pursuant to the same Article 4.3;
(iii) in the event that the availability of one or more Products is not indicated (as per option under clause 4.6) and the Products are not available at the warehouses where the Order is placed by the Customers, within 3 working days from the time the Products are available.
8.2 Dermalena Sas guarantees the shipment of the Products by express couriers. The Products are shipped and delivered by express courier to the address indicated by the Customers at the time of registration under clause 6.1 or to a different address indicated at the time the Order is placed.
8.3 Dermalena Sas undertakes to do everything in its power to ensure that the Products shipped pursuant to Articles 8.1 and 8.2 are delivered by selected couriers within 48 hours from the date of shipment;
8.4 The Terms of delivery under Article 8.3, can not, in any case, be considered binding and Dermalena Sas, not being able to directly control the delivery of the Products after their shipment, can not be held in any way responsible for their non-compliance.
8.5 In order to allow the Customers to follow the status of the Orders, it generates an Order number which, inserted in the "My Orders" section - accessible from all pages of the On-Line Shop - allows the Customers to verify all information related to the Orders.
8.6 Customers can also check the status of Orders thanks to the online "Order Tracking" function provided by the courier chosen for delivery. Such verification can be carried out by the Customers only after the shipment of the Products and by using the tracking data communicated by e-mail or by accessing the Profile.
8.7 The Customers, or other persons appointed by the Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are obliged to verify, at the time of delivery, that
(i) the Products correspond to what is indicated in the courier's transport document (DDT) both by number and type;
(ii) the packaging/wrapping of the Products is undamaged, undamaged, wet or in any way altered, even in the sealing materials.
8.8 Any damage to the packaging/packaging of the Products must be immediately claimed by the Customers by means of a written reservation on the courier's proof of delivery. It is understood that, once the courier's document has been signed without any objection, the Customers may no longer raise any objection to Dermalena Sas with reference to the external characteristics of the delivered Products.
8.9 The Products may be delivered by couriers only to the Customers or to persons authorized by the Customers; the person to whom the Products are delivered must sign to certify delivery. Couriers do not deliver to P.O. Boxes or by placing the Products in letter boxes or other similar places.
9.RIGHT OF WITHDRAWAL
9.1 If the Customers are "consumers" (i.e. a natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity they may carry on), the Customers are entitled, pursuant to and for the purposes of Article 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The Right of withdrawal must be exercised by the Customers by sending a written communication, by e-mail to the address indicated in art. 16., containing:
(i) the manifestation of willingness to exercise the right of withdrawal;
(ii) the indication of the Order giving rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case of exercise by the Customers of the right of withdrawal under this art. 9:
(i) the Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal under clause 9.1;
(ii) all costs related to the return of the Products shall be entirely borne by the Customers;
(iii) undertake to refund the Price as soon as possible, and in any case within 30 days from the date of receipt of the withdrawal notice under clause 9.1, on condition that
- the Products have been returned are intact;
- the original packaging/packaging of the Products is also returned and the same is intact;
- the Products have not been used;
(iv) will inform the Customers of the methods of reimbursement of the Price and may, for this purpose, request the Customers' bank details (IBAN and account holder).
9.3 Should Customers exercise the right of withdrawal in a manner inconsistent with the terms and conditions set forth in this clause 9, Customers shall not be entitled to reimbursement of the Price.
9.4 As an alternative to the exercise of the right of withdrawal under this clause 9, "consumer" Customers (as defined under clause 9.1) may opt for a "product change" according to the terms and conditions specified in the On-Line Shop.
10.1 If the Products present a warranty recognized by the manufacturer of the same (commercial/conventional warranty), any defects/defects of the Products must be reported by the Customers directly to Dermalena Sas within and no later than 48 hours from receipt of the order.
10.2 "Consumers" Customers (as defined in art. 9.1) may request from the seller, within the term referred to in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided by the same Consumer Code for conformity defects of the Products existing at the time of delivery of the goods.
The manufacturer of the Products is the party responsible for any damage caused by defects in the Products.
Dermalena Sas declares and guarantees that the personal data of customers will be treated in accordance with the provisions of Legislative Decree 196/03, as amended. Dermalena Sas also declares that the personal data of customers may be used for marketing purposes (mail) following the creation of the order.
The details regarding the methods of data processing are communicated to Customers at the time of registration as per art. 6.1 or 6.2.
13.ERRORS AND/OR INACCURACIES IN ONLINE SHOPS
13.1 Dermalena Sas undertakes to constantly check the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the On-Line Shop may contain, or may over time contain, errors, inaccuracies or omissions.
13.2 Dermalena Sas therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop even after an Order has been placed and also reserves the right to change or update the information at any time without prior notice to the Customers.
All intellectual property rights related to the Online Shop (including its contents) are the exclusive property of Dermalena Sas. The On-Line Shop and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used for any purpose whatsoever without the prior written consent of Dermalena Sas.
15.1 The General Conditions and Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 regulates distance contracts - and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and in light of this must be interpreted.
15.2 For any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements, the Court of Bologna shall have exclusive jurisdiction.