Terms and conditions
These general terms and conditions and the contractual relationship between Farmogal CS S.r.l. and the Buyer are governed by Italian law. In the event of a dispute, before initiating any legal action, the parties undertake to seek an out-of-court settlement.
Any purchase of a product offered on the Site implies that you have consulted and explicitly accepted the GTC. Acceptance does not require a handwritten signature on your part.
Pursuant to the applicable legislative and regulatory provisions and relating to electronic signatures, we remind you that the validation of the purchase order, as specified in these GTCV, constitutes an electronic signature, which has the same value between the parties as a handwritten signature, is valid as proof of the purchase order and the collectability of the amounts due under said order.
In the context of these GTC, the following is agreed: “You” or the “Buyer” means the person browsing the Site and/or purchasing products on the Site; “We” or the “Seller” means the company identified in the legal notices above; the Buyer and the Seller shall be jointly referred to as the “Parties” and individually as the “Party.”
TERMS AND CONDITIONS OF PURCHASE
The Products and services we offer on the Site are reserved for persons:
(i) over the age of 18 (or under the age of 18 who hold an authorization from the person exercising parental responsibility and who allows them to place an order on the Site);
(ii) possessing full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for proof of identity attesting to your age and/or the aforementioned authorization. We reserve the right not to process a purchase order and/or to exclude from our database of customers/potential customers any Buyer who has not responded to the above request or who has not complied with the principles set forth in this clause.
- products – PRICES
The cosmetic products offered for sale on the Site, as well as any related ancillary services and/or complementary products (hereinafter “Products”) are those present on the Site on the day of consultation and/or browsing on the Site by the Buyer.
If a Product is unavailable, the Buyer is informed of such unavailability after validation of the order and before delivery, by e-mail.
The Buyer is informed that photographs and text illustrating the Products are subject to change.
Prices are quoted in Euros (€) and are valid throughout Italy, excluding Livigno, Campione d’Italia, Republic of San Marino and Vatican City State, where shipping shall not be provided.
Prices take into account any discounts and VAT applicable on the day the order is placed.
Prices shown do not take into account processing and delivery costs, which will be billed additionally and the amount of which per order is shown in the table below:
|DELIVERY MODE||SHOPPING BAG < 60€||SHOPPING BAG > 60€|
It should be noted that any promotions granted in the form of coupons are valid only for one order per user and in a given period of validity and cannot be combined with other discounts.
The Seller reserves the right to change prices at any time; however, Products are invoiced at the rates in place at the time of order registration, subject to availability of the same.
- PLACING AND VALIDATING THE ORDER
(a) Method of placing an order.
To place an order, the Buyer must first log on to the Site.
Thereafter, the Buyer can learn more about the different Products offered for sale on the day of the Site consultation and choose Products by
(i) by browsing the various categories of Products or
(ii) by directly typing the name of the Product in the search engineWhile browsing the Site, the Buyer who wishes to place an order may do so by simply clicking on the button intended to add the Product to the shopping bag.
Once this operation has been carried out, the Buyer will see the number of Products present within his or her shopping bag.
The Buyer may continue the visit or click on the shopping bag to view its contents, displaying all the elements of the order, the basic characteristics of the Products, the total amount of the order, the data for delivery, timing, costs and any delivery limitations as well as the legal rights and guarantees available to the Buyer.
The Buyer may return to his/her order, complete it, modify it, cancel it only if he/she has not yet effectively validated it – that is, until actual payment under the conditions set forth in these GTC. If the Buyer wishes to choose other Products, he/she may continue browsing the Site, making sure that the Product(s) he/she has selected are in his/her shopping bag.
Once the selection of Products is finished, the Buyer may validate the order by using the appropriate button. At that point, a new page will open inviting the Buyer to fill in the shipping address of the Product(s).
After viewing the order, the Buyer is invited to:
- click on the button that allows access to the payment of the order, under the conditions described in these GTC, or
- go back to modify his shopping bag and/or the data previously entered.
The data recorded by the Seller shall constitute proof of all transactions between the Seller and the Buyer.
(b) Order Confirmation.
Once the order has been confirmed and validated, the Buyer will receive at the e-mail address indicated during registration, an order confirmation with a summary of the items ordered. The Seller will also send, as soon as possible, an e-mail confirming shipment of the order to the e-mail address provided by the Buyer.
In order to protect the Seller from fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to request from the Buyer (prior to the processing of the order) additional documents (in particular proof of address and debit in the Buyer’s name, photocopy of the Buyer’s identity card, photocopy of the Buyer’s credit card) for the purpose of verifying the non-fraudulent nature of the order.
In case of no response from the Buyer within the 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be cancelled and the Seller will proceed within the 14 (fourteen) days following the expiration of the aforementioned deadline to refund the order according to the payment method used by the Buyer.
(c) Proof of Order.
By express agreement between the Seller and the Buyer, e-mail messages are authentic between the Parties, as well as the automatic registration systems used on the Site, particularly with respect to the type and date of the order.
The amount due by the Buyer is that indicated in the order confirmation and displayed on the dedicated internet page and subsequently transmitted by electronic mail by the Seller to the Buyer.
At the time of validation of the order, the Buyer may choose between different methods of payment. Payment can be settled immediately via the Internet, by credit card (Visa, Mastercard, Maestro);
In any case, Seller reserves the right to refuse any order or any delivery in case of.
In any case, Seller reserves the right to refuse any order or any delivery in case of.
(i) ongoing dispute with Buyer;
(ii) refusal of credit card payment authorization by banking institutions.
- DELIVERY AND RECEIPT
(a) Method of Delivery.
Once the order is prepared, it is shipped to the address provided by the Buyer when placing the order.
The Products are delivered by a specialized supplier (hereinafter the “Carrier”). If the Buyer is absent, the Carrier leaves a notice of the delivery in the Buyer’s mailbox. The Buyer should contact the Carrier to arrange a new delivery date. It should be noted, however, that if Buyer does not contact the Carrier, the Carrier shall make a new delivery attempt, the date and time of which shall be determined at the Carrier’s discretion.b) Timing
Orders settled by credit card are processed within the maximum period of 2 (two) business days.
Please note that the order is prepared only after it has been processed.
As of order processing, the relevant products are prepared and delivered by the Carrier within the following timelines:
- standard delivery: 3-5 working days
Sundays and holidays are not considered working days.
In any case, the order is processed within the maximum period of 30 (thirty) days from the day following the day on which the Buyer validated it. In the event of non-delivery at the expiration of the aforementioned deadline, the Buyer has the option to cancel the order under the conditions provided in Article 5, letter c) – “Delay in Delivery” below.
(c) Delay in Delivery.
If the maximum delivery period of 30 (thirty) days is exceeded, the Buyer may exercise the right to cancel by contacting the Seller.
From the exercise of the right of withdrawal, the Seller shall make a refund of all sums paid by the Buyer (including delivery charges), according to the payment method used by the Buyer, within the maximum period of 14 (fourteen) days from the receipt of the notification, to the exclusion of any other compensation.
Any delay in delivery shall be reported as promptly as possible by Buyer so that Seller can make checks with the Carrier. Buyer is advised that conducting an audit is an uncertain and relatively lengthy process that Seller cannot control.
If in the course of the verification the order is found, it is immediately redirected to the delivery location indicated in the order.
If at the end of the verification it is confirmed that the order is lost, the Seller shall refund to the Buyer the amounts collected from the bank account debited at the time of the order.
Each delivery shall be deemed to have been made from the time the Product(s) are made available to Buyer by the Carrier.
It is the Buyer’s responsibility to immediately verify, upon receipt of the Product(s), the conformity and integrity of the Product(s) shipped.
Any anomaly/defect identified at the time of delivery (in particular delayed delivery, missing or damaged product) must be fully and accurately reported by the Buyer on the receipt delivered by the Carrier at the time the Product(s) are made available and/or confirmed by registered letter to the Carrier within 3 (three) days of receipt of the order.
Any defect must be notified to Seller as soon as possible. A copy of the claim forwarded to the Carrier must be attached. A copy of the claim forwarded to the Carrier must be attached.
- 6. LEGAL WARRANTIES
Pursuant to Articles 129 et seq. of Legislative Decree No. 21/2014 (Consumer Code), the Seller is obliged to deliver to the Buyer Products that conform to the order placed by the Buyer.
Products are presumed to be in conformity if:
- they are fit for the use for which goods of the same type are customarily used;
- conform to the description provided by the Seller and possess the qualities of the good that the Seller has presented to the Buyer as a sample or model;
- have the qualities that a Buyer can legitimately expect taking into account the nature of the goods and the public statements made by the Seller about the specific characteristics of the goods;
- are suitable for the particular use intended by the Buyer which has been brought to the knowledge of the Seller who has accepted it.
Likewise, pursuant to Article 1490 of the Civil Code, the Seller shall ensure that the Goods sold are free from hidden defects that render them unfit for their intended use or appreciably diminish their value.
If the Products delivered do not conform to the Products ordered by the Buyer or if they have any hidden defects, the Buyer shall send an e-mail to the Seller notifying it of the non-conformity or hidden defects of its Product(s).
The Buyer has 2 (two) years from the delivery of the purchased Product(s) to exercise the warranty against hidden defects and must be asserted by the Buyer within two months from the discovery of the defect.
Any claim made after the aforementioned period of 2 (two) will be rejected and Farmogal CS Srl will be relieved of any liability.
Following the report of non-conformity or presence of defects, Seller’s Customer Service will acknowledge receipt of Buyer’s request and inform Buyer of the procedure to be followed. Upon receipt of instructions from the Seller’s Customer Service, the Buyer will send the nonconforming Products or Products affected by a hidden defect back to the Seller at the following address:
FARMOGAL CS SRL, VIA CA MARCHESA 31/A, 35030, ROVOLON (PD)
The Product(s) must be strictly
(i) returned whole, unused, in intact original packaging and
(ii) accompanied by the original packaging.
The Seller will not accept packages that are not stamped. Any risk associated with the return of the Product(s) shall be borne by Buyer.
Upon receipt of the alleged non-conforming Product(s) or affected by hidden defect(s), Seller will inspect the Product(s) for conformity. Likewise, Seller may perform a quality test on the Product(s) returned by Buyer to verify that the returned Product(s) is the original Product(s). It is understood that such checks shall be carried out as soon as possible and within a maximum period of 1 (one) month.
If the non-conforming character of the Product(s) is confirmed or if the hidden defect is confirmed, the Seller shall proceed to refund the non-conforming Product(s) or affected by a hidden defect, as well as the shipping costs, depending on the payment method used by the Buyer, within the period of 14 (fourteen) days after receipt of the non-conforming or defective Product(s).
- 7. RIGHT OF WITHDRAWAL
In full compliance with Article 52 of Legislative Decree No. 21/2014 (Consumer Code), the Purchaser has a term of 14 (fourteen) days, starting from the day of actual delivery of the order, to withdraw from the contract for the purchase of the Products, without having to give reasons, or pay penalties, with the exception of shipping costs to make the return, which are borne by the Purchaser. If the right of withdrawal is not exercised within the aforementioned 14 (fourteen) days period, the order shall be considered final and no refund can be made.
The right of withdrawal may only be exercised by the Buyer and not by third parties.
The Buyer may exercise the aforementioned right of withdrawal within the established terms by submitting any explicit statement of its decision to withdraw from the contract to be sent by registered letter to Farmogal CS Srl, Via Ca Marchesa 31/A, 35030, Rovolon (PD). Seller will confirm receipt of the withdrawal request from the Buyer by sending the Buyer an e-mail.
The Buyer has a period of 14 (fourteen) days, starting from the date on which he/she informed the Seller that he/she wishes to exercise the right of withdrawal, to send back to FARMOGAL CS SRL, Via Ca’ Marchesa 31/A, 35030, Rovolon (PD), the product in their whole, unused, in their original undamaged packaging and, if possible, accompanied by the original packaging. The direct cost of returning the Products shall be borne by the Buyer.
If the Products are not returned within the aforementioned 14 (fourteen) day period, the order is considered final and no refund can be made.
Seller agrees to refund to Buyer all sums paid. The refund shall be made according to the payment method used by the Buyer for the initial transaction, within a maximum period of 14 (fourteen) days from the exercise of the right of withdrawal by the Buyer.
Refund of amounts may be deferred until Buyer returns the Goods or until Buyer demonstrates that it has returned the Goods, whichever is earlier.
Pursuant to Article 59 of Legislative Decree No. 21/2014 (Consumer Code), the right of withdrawal referred to in this article is excluded in the following cases:
- waiver expressly manifested by the Buyer;
- supply of custom-made or clearly personalized Products;
- supply of sealed Products that are not suitable to be returned for hygienic or health protection-related reasons and have been opened after delivery;
- provision of Products combined with other Products (for example: individual Products within a box consisting of several Products).
For any further information on the scope, content and instructions regarding the exercise of the right of withdrawal, the Buyer may contact the Seller.
- 8. MISCELLANEOUS
a) Force Majeure.
Neither Party shall be liable for total or partial default or delay in performance of its obligations under this contract that is caused by an event that cannot be prevented (hereinafter the “Force Majeure Events”)
Events of Force Majeure may include, but are not limited to, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorized access to and/or intrusion into the website servers, strikes of any form, telematic or telephone failures, etc.
The Party that assumes a Force Majeure Event has occurred or there is a risk of it occurring shall notify the other Party within 5 business days of the event or said risk.
The Parties agree to meet in order to jointly determine the terms and conditions for filling orders during the presence of a Force Majeure Event.
After 1 (one) month of interruption due to a Force Majeure Event, FARMOGAL CS may choose to cancel orders and refund Buyer if due.
(b) Partial nullity
If one or more clauses of these GTC shall be deemed null and void or declared so by application of a law, regulation, or following a final decision of a competent jurisdiction, the other clauses shall remain valid and effective.
(c) Entire Agreement
These GTC and the order summary transmitted to Buyer form a contractual whole and constitute the entirety of the contractual relationship entered into between the Parties.
In case of any discrepancy between these documents, these GTC shall prevail.
d) Modification of the GTC
It should be noted that the Buyer may save or print these GTC provided that he/she does not modify them.
The GTC in force can be consulted at any time under “General Conditions of Sale” accessible from all pages of the Site.
The Seller may, at any time, update these GTC. Any updated version of these CGV will be made available on the Site in the dedicated section: therefore, FARMOGAL CS invites all users to periodically consult the Site in order to be always informed of the latest version uploaded.
e) Applicable law and competent court
Italian law applies to the GTCV and to the relationships of a contractual nature between FARMOGAL CS and the Buyer. For any dispute that may arise regarding the interpretation and/or execution of this contract, the court of the place of residence or domicile of the consumer, if located in the territory of the State, will have jurisdiction.