GENERAL CONDITIONS OF SALE
This document governs the relationship between users and the owner, as better identified below, in relation to commercial transactions carried out on the website www.finesseweb.com (" User / Users " and "
In the event that the User does not wish to accept these conditions, he is not authorized to use the services offered on the Site.
The Site may be used by the User exclusively for personal and non-commercial or business. By accessing it, therefore, the User undertakes to make personal and non-commercial or business use of the Site, its content and the information contained therein.
By logging in to the Site and accepting these general conditions ("Conditions General Sales "), the User declares to be a person of legal age, in possession of the ability to act and to be well acquainted with the warnings and precautions for use for the use of the products marketed by the Owner through this Site. .
Article 1: Owner
The User acknowledges that the owner of the Site is Finesse Srl, with sole shareholder, with registered office in 10143 Turin, Corso Svizzera n. 30, C.F. and VAT 10459780010, REA-TO 1134972 , address e-mail [email protected] , company incorporated under Italian law.
Article 2: Object
The Site has as its object the remote sale, through telematic tools organized by the Owner, of cosmetic products under the brands "Finesse Crystal Style, Finesse Nature, Finesse Phytoremedial" (hereinafter, for the sake of brevity, " Product / Products ").
Article 3: Completion of the contract
3.1 Purchase order
In order to place the purchase order for a Product (" Order "), the User must select the Product or Products he intends to purchase by registering his purchase choice that they are indicated on the Site.
Furthermore, at the time of selection, the User is made aware of the total price to be paid to the Owner for the Product or Products selected, including the cost of any delivery costs and any taxes, of the main characteristics of the Product / of the selected Products and the relative instructions for use and warnings, the payment methods, the conditions for withdrawal and the specification that the completion of the purchase order implies the obligation to pay the price.
In order to make the purchase, the User can, at his discretion, choose to register on the Site - by filling in the appropriate registration form , logging in by entering the username and password indicated during registration, or access as a "Guest", filling in all the fields indicated therein with your identification data, e-mail address, telephone number and the delivery address of the Products.
The information and personal data provided by Users must be accurate, precise, truthful and up-to-date and the User assumes full responsibility for this correctness.
Once this phase has been completed, the User must select the payment method he intends to use from those indicated on the Site.
The Owner informs the User that placing the Order implies the obligation to pay the amount indicated for the selected Products
The Owner will not accept Purchase Orders for amounts exceeding € 500.00, including delivery costs and any other taxes.
3.2 Order confirmation
The purchase agreement between the Owner and the User is considered finalized only upon receipt by the User of the order confirmation (" Order Confirmation ").
The Order Confirmation contains a summary of the General and Special Conditions applicable to the existing contract between the parties, information relating to the essential characteristics of the purchased or booked property and a detailed indication of the price, of the means of payment chosen, the place and delivery costs as well as any other charges. In accordance with current legislation, a copy of these General Conditions will be sent to Users via link present in the Order Confirmation, in order to allow the User to store it on a computer medium and / or to print it. br> The contract between the parties is not considered finalized in the absence of the receipt of the Order Confirmation by the User.
Article 4: Delivery of products
In the event of an Order Confirmation, the Owner undertakes to deliver the goods to the address indicated by the User within the next 30 days.
The delivery of the purchased Products will be considered completed upon receipt of the same by the User at the shipping address indicated in the Order.
4.2 Impossibility of delivery
If it is not possible to deliver the Order due to the absence of the User in the place of delivery indicated at the time of the Order, the Owner, by means of the courier, will leave a notice of stock in which the place of delivery will be specified. where the package is located and the methods to be used to arrange collection.
It is understood between the parties that the contract will be terminated if the delivery cannot take place for reasons not attributable to the Owner after 30 days from the date on which your Order is available for delivery.
As a result of the termination of the contract, the Owner will return the amount paid to the User, including delivery costs, without undue delay and, in any case, within 14 days from the date of termination of the contract.
Article 5: Availability of products and services
All orders for Products are subject to their availability and the Owner assumes no responsibility for any unavailability of the Products. In this sense, in the event of supply problems, or if there are no items in stock , the Data Controller will notify the User via communication email to the address specified by them in of the Order, keeping it updated in the event that the ordered Product becomes available again. In such circumstances, the Order will be considered canceled and the contract terminated: the relations between the parties will be governed on the basis of the provisions of the previous art. 4.2, last paragraph.
The Owner, in any case, reserves the right to provide information relating to replacement products of equal or greater quality and value, which the User may decide to order to replace the selected Product. If the User does not wish to make this replacement, all amounts paid will be refunded.
Article 6: Refusal to process an order
The Owner reserves the right to remove any Product from the Site at any time and / or to delete and / or modify any material or content thereof
The Owner declines any responsibility towards the User or towards third parties for the removal of any Product from the Site, for the elimination or modification of any material or content of the Site.
Article 7: Passing of risk
The risks relating to the Products are borne by the User from the time of their delivery.
Article 8: Withdrawal
8.1 Exercise of the right of withdrawal
Pursuant to art. 52 of Legislative Decree 206/2005, so-called Consumer Code (" Consumer Code "), as amended by Legislative Decree 21/2014, Users can exercise the right of withdrawal from these General Conditions of Sale without specifying the reason.
This right can be exercised within fourteen (14) days from the date of actual receipt of the purchased Products (or, in the case of an Order of several Products, from the actual receipt of the last purchased good), by explicit declaration to be sent to the Data Controller, by post, by fax or to the e-mail address indicated in art. 1. To comply with the aforementioned deadline, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal, in the manner indicated above, before the expiry of the withdrawal period.
The declaration of withdrawal is free of charge. To facilitate the exercise of this right, in any case, the Owner makes available to Users, at the following link, the model withdrawal form attached to the Consumer Code sub Annex I, part B, which they can use at their discretion .
8.2 Exclusion of the right of withdrawal
In accordance with the provisions of art. 59.1, lett. e) of the Consumer Code, for reasons of hygiene or health protection, the right of withdrawal referred to in the previous art. 8.1 cannot be exercised in relation to the Owner's Products whose packaging has a seal that has been opened after delivery.
8.3 Refund of sums paid
8.3.1 In case of exercising the right of withdrawal, the Owner undertakes to return the amount received by the User, including any delivery costs within fourteen (14) days from the moment in which he is informed of the decision of the User to withdraw from the contract. These refunds are made using the same payment method used by the User for the initial transaction, unless the User expressly indicates an alternative method in the explicit declaration referred to in the previous art. 8.1.
8.3.2 The Owner reserves the right to suspend the reimbursement of the sum paid by the User until the date of receipt of the goods by the User or until the User has demonstrated that he has returned such goods to the Owner, if previous.
8.4 Product return
In case of exercising the right of withdrawal, the costs incurred by the User for returning the goods will be borne by the Owner.
It is understood between the parties that the goods must be returned by the User substantially intact, sealed, without undue delay and in any case within fourteen (14) days from the date on which he communicated the withdrawal to the Owner, at his headquarters, as better indicated at
previous art. 1. The deadline is met if the User returns the goods before the expiry of the fourteen (14) day period.
The substantial integrity of the Products is an essential condition for exercising the right of withdrawal.We therefore invite you to take care of the Products as long as they are in your availability and possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, accompanying the Products. In any case, he / she must return the Product to be returned together with the delivery note received upon delivery of the Product.
Article 9: Warranty
In accordance with the provisions of art. 128 and following of the Consumer Code, the Owner specifies that the legal guarantee applies to the goods offered for sale through the Site. The legal guarantee is applied when, within two years from the delivery of the goods, the Product purchased by the User presents a lack of conformity, meaning an asset (i) not suitable for the use for which goods of the same type, (ii) not compliant with the description made by the Owner on the Site, (iii) lacking the usual quality and performance of a good of the same type, which the User can reasonably expect.
If the purchased good has a lack of conformity, as better described above, the User is required to report this defect within two (2) months from the date of its discovery, to the Owner, at the addresses identified at art. 1. If, after having carried out the appropriate checks on the asset, the dispute is founded, the Owner informs the User that he has the right to obtain, at his choice and unless his decision is not excessively burdensome compared to the alternative, without expenses, the replacement of the Product. If the replacement of the asset is impossible or excessively burdensome for the Owner, the User may, at his choice, request a reasonable reduction in the price or the termination of the contract.
Article 10: Price and payment
The price to be paid to the Owner will be that indicated from time to time on the Site, in relation to the selected Products and their characteristics, in addition to the delivery costs - calculated on the basis of the criteria indicated in the following paragraph of this article - and others any taxes that will be indicated to the User at the time of purchase.
In the event that, with the same Order, the total amount exceeds EUR 65.00, the delivery of the Products will be carried out by the Owner free of charge. In the event of a request for expedited shipping, the shipping costs are charged to the customer.
The User can pay via PayPal, with Visa, Mastercard credit cards and any other type of credit card indicated on this platform.
To reduce the risk of unauthorized access by third parties, in the case of online purchases, the details of the card used by the User for payment will be encrypted.
Article 11: Variations of theservice
The Owner reserves the right to modify these General Conditions of Sale at any time by means of general notices to Users published on the Site and / or by means of communications via e-mail to the User with indication of the effective date of the changes themselves. , which will be at least thirty (30) days later than that of the communication sent by the Data Controller. These changes will always and in any case respect the minimum rights recognized to consumers on the basis of current legislation.
In any case, the General Conditions governing the relations between the parties are those provided for on the date of completion of the contract, indicated via the link in the Order Confirmation email.
Article 12: Limitation of liability
The User is fully responsible for the purchase made on the Site, undertaking to carefully read the instructions and warnings for the use of the Products purchased and to use them in compliance with these conditions
No responsibility may arise on the part of the Owner for any use of the Products in a manner that does not comply with the instructions for use and / or in general in a manner different from their normal intended use.
Within the limits permitted by law, the Owner assumes no responsibility for damages, claims, direct or indirect losses arising to Users for the failure or defective functioning of the electronic equipment of Users or third parties. The Owner cannot be held responsible for damages resulting from the failure to provide the services offered on the Site due to the incorrect or non-functioning of the electronic means of communication for reasons beyond the sphere of its foreseeable control, including, by way of example, fires. , natural disasters, lack of energy, unavailability of telephone lines or other network service providers, as well as actions of other Users or other people with access to the network.
Article 13: Suspensions of theservice
The Owner reserves the right to temporarily suspend, without any prior communication, the provision of the service of buying and selling the Products for the time strictly necessary for the technical interventions necessary and / or appropriate to improve their quality (hereinafter, for the sake of brevity , “ Service ”).
The Owner may at any time interrupt the provision of this Service if there are justified reasons of security or breaches of confidentiality, in this case notifying the Users.
Article 14: Applicable law and competent court
14.1 These general conditions are governed by Italian law.
14.2 For any dispute relating to these General Conditions, pursuant to art. 66-bis of Legislative Decree 206/2005, the Judge of the place of residence or domicile of the User is competent, if located in the Italian territory.
Article 15: Communications and complaints
All communications required by these General Conditions, including any complaints, must be sent without particular formalities and also by e-mail to:
- Owner, at the address and / or contact details indicated in paragraph 1 above;
- User, at residence or domicile, at the fax or e-mail address communicated at the time of registration on the Site or subsequently modified and communicated to the Site at the above address.
Article 16: Confidentiality of personal data
Article 17: Force majeure
The Owner will not be in any way responsible for non-fulfillment or delays in the execution of any of the obligations under the contract caused by events that are beyond its reasonable control (" Force Majeure Events “).
Force Majeure Events means any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but not limiting what is specified below:
- strikes, lockouts or other trade union unrest;
- riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- inability to use railways, shipping, air, motor transport or other means of public or private transport;
- inability to use public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster or maritime, postal or other relevant means of transport accident
It is understood that the execution of the obligations under the contract will be suspended for the entire duration of the Force Majeure Events. In such circumstances, the Data Controller may enjoy an extension for the execution of the contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, the owner will endeavor to find a solution by which to comply with his contractual obligations.
Article 18: Partial nullity
Should any article of the General Conditions of Sale, or part of it, be judged invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
Article 19: Integrity of the contract
These General Conditions of Sale, as well as any document expressly referred to in them, represent the entire agreement between the User and the Owner regarding the subject of the contract and replace any previous agreement, understanding or pact between the same parties, whether oral or written.
The User and the Owner, in signing the contract, acknowledge that they have not relied on any representation, commitment or promise made by the other party, or inferable from what has been said or written during the negotiations preceding the contract, but only on what is expressly stated in these General Conditions of Sale.
Article 20: Dispute resolution
The Owner of the Site informs Users that they will be able to resolve any dispute that has arisen regarding the correct application of this contract, including, by way of example and not limited to, disputes relating to the validity, total or partial non-fulfillment of the services. charged to the Owner and / or the termination of the contract, through an electronic procedure (procedure on line dispute resolution - " ODR procedure "), which can be activated by accessing the online platform made available from the European Commission at the following link http://ec.europa.eu/consumers/odr.
In any case, the Parties remain free to resolve disputes between them that have arisen before the competent judicial authorities or using other ADR procedures (“ Alternative Dispute Resolution ”).