1. SUBJECT
1.1. These General Conditions of Sale (hereinafter, General Conditions) have as their object the regulation of the purchase of Products, carried out remotely, via computer network, from the Site www.feduacosmetics.com (hereinafter, the Site).
1.2. The owner of the Site is LG DISTRIBUTION SRL (hereinafter, FEDUA) with registered office in via Moretto 27, 25122, Brescia, Tax Code and VAT number 03704100985.
2. ACCEPTANCE OF THE GENERAL SALES CONDITIONS
2.1. All purchases of Products made through the Site (hereinafter, the Purchase Agreements) by users who access it (hereinafter, the Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (articles 50 - 67) and by the Italian rules on electronic commerce (Legislative Decree 70/2003).
2.2. With the conclusion of the Purchase Contracts, according to the procedure, the Customer accepts and undertakes to observe these General Conditions.
2.3. The Customer, therefore, is required to carefully read, before carrying out any purchase operation, these General Conditions that FEDUA makes available to him also in order to allow him to reproduce and store them in compliance with the provisions of art. 12, 3rd paragraph of Legislative Decree 70/2003.
2.4. FEDUA may modify, at any time and without notice, the content of the General Conditions. The General Conditions published on the Website at the time the Customer sends the purchase order will apply to each individual Purchase Agreement.
3. PRODUCTS
3.1. www.fedua.com (hereinafter the "Site") is a telematic website for the sale of cosmetics, beauty products for body care, make-up and related accessories in general under the exclusive FEDUA brand (hereinafter, the "Products").
3.2. All the Products offered are illustrated in detail on the Site, within the respective sections, distinguished by Product categories.
3.3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of FEDUA, regarding the exact correspondence of the image depicted on the Site with the real Product; and this, with particular regard to its real dimensions and/or the chromatic aspects of the Products and/or packaging.
3.4. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
4. PURCHASE PROCEDURE
4.1. The Customer can purchase the Products present in the FEDUA electronic catalogue, illustrated in detail on the Site in the respective sections by product category, as described in the relative information sheets contained on the Site, respecting the technical access procedures illustrated therein.
4.2. To purchase the Products, the Customer must register on the Site by entering their personal details, following the instructions provided for in the registration program, and must complete and send FEDUA the order form in electronic format available on the site, following the instructions reported there. Purchase orders must be filled in exactly in their entirety. In the event that the Customer does not wish to register on the Site, he may in any case conclude the purchase procedure, but will not be able to check the status of his orders and take advantage of discounts and promotions.
4.3. The Customer must insert the selected Products in the appropriate "Cart" and, after having chosen the courier and having viewed and accepted the contribution for the delivery costs, he will be able to proceed with the purchase.
4.4. If the customer needs to modify the purchase order or to modify some data contained therein, he must follow the appropriate modification procedure contained on the Site. In particular, the Customer will have the right to modify the quantity of Products he intends to purchase, adding or by removing one or more Products from the Shopping Cart.
4.5. Once this operation has been completed, the Customer will see a screen containing the summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.
4.6. After viewing the summary, the Customer must select the desired type of payment, i.e. cash on delivery (cash on delivery), credit card and PayPal or bank transfer and send the order by clicking on the appropriate button.
4.7. If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their assignees, and that you authorize this transfer.
5. CONCLUSION OF THE CONTRACT
5.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies complete knowledge and full acceptance of these General Conditions.
5.2. Each Purchase Contract stipulated between FEDUA and the Customer must be considered concluded with FEDUA sending the order acceptance to the Customer's e-mail address. . This confirmation message will indicate an "Order Number", to be used in any subsequent communication with FEDUA. In addition to the information required by law, the message will re-propose all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections. Possible increases in expenses caused by errors in the data not reported in a timely manner will be the sole responsibility of the Customer.
5.3. Each order can be viewed by the Customer on the Site, in his personal area, if he is registered, or by contacting FEDUA Customer Service, immediately after sending the order.
5.4. It is possible that there may be occasional unavailability of the Products offered, in which case, if the Products chosen by the Customer are not, in whole or in part, available, the order will be sent with the products available after having sent notice to the Customer regarding the products not available.
5.5. FEDUA has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, in any capacity, including compensation, in case of non-acceptance of the order.
5.6. In particular, FEDUA reserves the right not to accept purchase proposals and to cancel orders that do not give sufficient guarantees of solvency or if - even following discussions with the circuit that manages credit card payments - there are anomalies in the transactions and means of payment used by the Customer.
5.7. The Customer can check the content of the purchase contracts concluded at any time by accessing his personal area of the Website, if he is registered, or by contacting the FEDUA Customer Service. These data will be available for a period of 12 months from the delivery of the Products.
6. PRICES OF THE PRODUCTS
All the prices of the Products are clearly indicated on the Site and are inclusive of VAT. Delivery costs are adequately highlighted at the time of the order. The cost of each shipment may vary according to the delivery and payment method as well as the destination and the total amount of the order.
7. BILLING AND PAYMENT METHODS
7.1. FEDUA issues an invoice for the purchased Products, when the Products are delivered to the courier for shipment, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer is valid. No change in data will be possible after the invoice has been issued.
7.2. As better detailed below in the relevant points, payments by Credit Card and PayPal will have an immediate charge when the Customer places the order. In this phase FEDUA will also issue the invoice relating to the order.
7.3.. Payment for the purchased Products is made by credit card, PayPal, cash on delivery, bank transfer or - if available - Gift Card according to the methods specified below:
PayPal
PayPal, an eBay group company, is a fast and secure payment system.
Once the order has been completed and the PayPal method has been chosen as the payment method, the buyer will be redirected to the PayPal site, where he can access his account by entering his personal e-mail address and password.
After registering, it is possible to proceed with payments via PayPal without having to re-enter the data, even for subsequent purchases.
By choosing to pay with PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay). PayPal protects the buyer's information as no financial information is passed on.
A confirmation email from PayPal will be sent to each transaction made with this method.
In case of cancellation of the order, the amount will be refunded to the customer's PayPal account.
Scalapay
If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their assignees, and that you authorize this transfer
Cash on delivery
The Customer can pay directly to the courier who will deliver the ordered Products.
Only cash is accepted for this payment method. The courier will not accept bank checks or cashier's checks and will not deliver the Products if he does not receive the exact amount indicated in the order. The courier is not authorized to give change.
8. METHODS AND COSTS OF DELIVERY
8.1. FEDUA undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. The delivery of the Products will be made by courier, and the times will vary according to the destination. The terms indicated at the time of the purchase order are in any case indicative.
8.2. FEDUA delivers to all the countries indicated on the Site and the delivery will take place without an appointment.
8.3. No liability, for any reason whatsoever, may be charged by the Customer to FEDUA in the event of a delay in order fulfillment or in the delivery of the Products covered by the Purchase Agreements.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by FEDUA to the appointed courier, a shipment confirmation e-mail will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays, according to the methods indicated by the courier chosen by the Customer. Delivery is considered complete when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send a warning email and will attempt a new delivery according to the methods established by them.
In the event of impossibility to carry out the new delivery due to the absence of the recipient, the Customer Service will attempt to contact the Customer to schedule a further delivery. In the event that Customer Service fails to contact the Customer for the following 10 days or in the event of further impossibility of delivery due to the recipient's absence, the Products covered by the order will be returned to FEDUA.
After 30 (thirty) days from the date on which the Products covered by the order have been returned to FEDUA due to the impossibility of carrying out the delivery, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the Civil Code. FEDUA will refund the sum paid by the Customer, net of the costs of returning the Products and the costs of storing them at the branch of the courier responsible for the delivery.
8.6. The termination of the contract and the refund amount will be communicated via e-mail. The refund amount will be credited to the payment method used by the Customer for the purchase. In the event that, before the thirty days have elapsed, the Customer requests to receive the purchased Products again, FEDUA will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the Products to FEDUA and the costs of custody.
8.7. Upon delivery of the Products by the courier appointed by FEDUA, the Customer is required to scrupulously check:
a) That the anti-theft label is intact and the packaging is not damaged or otherwise altered.
That the number of pieces delivered corresponds to what is indicated in the transport document.
8.8. Any damage to the anti-theft label, to the packaging and to the Products or the mismatch in the number of pieces/packages or indications must be immediately reported by the Customer, who can contact FEDUA through Customer Service specifying the order for which such glitches have occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by FEDUA, will entitle the same to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, FEDUA will provide timely and adequate communication of its determinations to the e-mail address indicated by the Customer and the latter will be entitled to a refund of any price already paid, excluding any further claim, for any reason, against FEDUA.
9. DISCOUNT COUPONS - PROMOTIONS
9.1. Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the voucher.
9.2. The discount voucher can be combined with other commercial initiatives only in the cases in which it will be expressly indicated.
10. RIGHT OF WITHDRAWAL AND ITS EFFECTS
10.1 The Customer has the right to withdraw from the contract, without giving reasons, within 14 days. (withdrawal period).
10.2 The withdrawal period expires (i) after 14 days from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the goods, or (ii) in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer is required to inform FEDUA of his decision to withdraw from the contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail).
10.4. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
10.5. If the Customer withdraws from this contract, all payments made to FEDUA will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered ), without undue delay and in any case no later than 14 days from the day on which FEDUA will be 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, unless expressly agreed otherwise; in any case, the Customer will not have to incur any costs as a result of such reimbursement. The refund may be suspended until receipt of the goods or until the consumer demonstrates that he has returned the goods, whichever comes first.
10.6. The Customer is required to return the goods or deliver them to FEDUA, at LG DISTRIBUTION SRL (hereinafter, FEDUA) with registered office in via Moretto 27, 25122, Brescia, Italy, without undue delay and in any case within 14 days from the day to which you communicated your withdrawal from this contract. The deadline is met if the Customer sends back the goods before the 14-day period has expired. The direct costs of returning the goods will be borne by the Customer. The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
10.7. In any case, the Customer cannot exercise the right of withdrawal in the case of sealed goods that do not lend themselves to being returned for hygienic or health protection reasons and have been opened after delivery.
11. NON-CONFORMITY OF PRODUCTS AND DEFECTIVE PRODUCTS
11.1. The Products offered on the Site comply with national and community legislation. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to view them.
11.2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer has the right to an immediate refund of the non-compliant good, by sending photographs via the form in the Customer Service section that highlight the damage or non-conformity of the Product.
11.3. A communication will follow from the FEDUA staff with an indication of the reimbursement method which could take place, at the discretion of the Customer, also through discount vouchers on the next purchase exceeding the value of the goods to be reimbursed, excluding any further liability of FEDUA, for any reason .
11.4. In any case, the provisions regarding the legal guarantee of conformity of the goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved
12. PROCESSING OF PERSONAL DATA
Customer data is processed by FEDUA in compliance with the provisions of current legislation on the protection of personal data, as specified in the information in the specifically dedicated section, called "Privacy Information".
13. COMMUNICATIONS AND COMPLAINTS
All communications or any complaints from the Customer towards FEDUA in relation to the Purchase Contracts must be communicated through the appropriate tools present on the Site.
14. INTELLECTUAL PROPERTY RIGHTS
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of FEDUA and/or its assignors, without the Customer deriving any right over the same from access to the Site and/or from the stipulation of the Purchase Contracts. Any use, even if only partial, of the same is prohibited without the prior written authorization of FEDUA, in favor of which all related rights are exclusively reserved.
15. APPLICABLE LAW AND JURISDICTION
15.1 These General Conditions and each and every contract stipulated with the Customer are governed by Italian law, without prejudice to the application of community legislation and international treaties, when applicable, as well as national legislation for the protection of consumers.
15.2 For any dispute relating to the interpretation, execution, validity or efficacy of these General Conditions and of any contract stipulated with the Customers, the Court of Brescia will have exclusive jurisdiction.