Hereunder you will find the information on the General Conditions of Sale On Line of www.manuelaedintorni.com
Please read them carefully before making your purchase
The web site is managed by Cosmotrade s.n.c., via Mirabella nr 8 25049 Clusane (Bs) Italy.
The offer and the sale of the products on our web site are ruled by the following the General Conditions of Sale, and for anything not mentioned, from art.1470 and the following art. Of the Civil Code and the Consumer Code( D.L.Vo 06.09.2005, n. 206 , of which it is mentioned, in the limits of pertinence, the Part III, title III, sect. II (art. 50-61), relating to distance contracts.
For any additional information you might MANUELA E DINTORNI, at the mail adress: info@manuelaedintorni.com
1. DEFINITIONS
1.1. "Site" is the web site www.manuelaedintorni.com
1.2. "Client" is the subject (person or company ) that buys on the Site, accepting the General Conditions of Sale.
1.3. The site www.manuelaedintorni.com" is owned by the company Cosmotrade s.n.c. of Francesco Chiarenza & C. s.n.c., based at via Mirabella nr 8 25049 Clusane (Bs), Italy, which is registered on the Company Register of Brescia at n°0309189098 - C.F. and VAT n. 03091890982
1.4. "Order" o "order form" is the form of request of the products on sale, completed by the Client through the site.
1.5. "Products" are the goods which are on sale on the Site, following the General Conditions of Sale.
1.6. "Price" is the compensation for the sale of the products.
1.7. "Contract" is the distance contract that has as a scope the sale of the products based on the General Conditions of Sale
1.8. "Parties" are MANUELA E DINTORNI and the Client.
2.COMMERCIAL POLICY
2.1 The products offered for sale on the Site are selected and sold by MANUELA E DINTORNI .
2.2 MANUELA E DINTORNI is doing his activity of electronic commerce towards consumer Clients, namely persons who act and use the Contract outside and independently from their activity of commercial subjects.
2.3 With respect to the subjects that can be identified as commercial or professional , the publication of the Products on the Site can not be considered as a proposition of Contract. MANUELA E DINTORNI reserves the right to stop Orders coming from subjects which are not “consumers”, following the actual legal provisions, in particular D.L.vo n. 206/2005.
2.4 Such orders, as a waiver to following art. 3, point 4, shall only be considered as propositions of purchase that only MANUELA E DINTORNI could indisputably decide whether to accept or not, and to this orders the present conditions of sale shall not be applied, since they are reserved only to consumer protection.
3.TERMS OF PURCHASE
3.1 The Products are sold from MANUELA E DINTORNI on the base of the terms and conditions stated on the General Conditions of Sale published on the Site at the moment of the purchase.
3.2 To conclude the contract of purchase it is necessary to fill the Order in the electronic form and send it, following the correct steps and instructions indicated in the web page.
3.3 By sending the Order, the customer confirms to know and accept the conditions of sale and all the information contained in the site, also indicated by link, including the information on legal notices. The Contract is concluded when MANUELA E DINTORNI receives the Order duly completed from the Client and has verified the correctness of the information.
3.4 The Order is accepted under art. 1326 c.c.
3.5 Once the Contract is concluded, MANUELA E DINTORNI shall send by electronic mail at the address indicated by the Client an Order Confirmation, containing a summary of the information already stated in the order form, requesting to check any mistakes in the transmission of the data. This Order Confirmation shall be considered as communication under art. 52, D.L.Vo n. 205/2006.
3.6 Prices and Products may be subject to variation, coming into effect from the date of the publication on the Site.
3.7 In case the Products on the Site shall be no longer available for sale at the moment of receiving the Order MANUELA E DINTORNI shall inform the Client of the unavailability of the Product ordered and shall refund the Price paid by the Client.
4. DELAYS AND TERMS OF DELIVERY
4.1 The freight charges, if due, are born by the Client and are clearly indicated in the order. For Clients within the E.U. nothing more is due with respect to the total price indicated in the Order. For Clients outside the E.U. all import taxes and duties are born by exclusively by the Client, who shall contact the local import office in his country to verify if duties and taxes might apply.
4.2 The delivery of the products to the address of delivery indicated by the Client is made by courier – standard delivery.
4.3 The deliveries can be DDP (Delivered Duty Paid) for E.U. countries (BELGIUM, FRANCE, GERMANY, ITALY, LUXEMBURG, HOLLAND, DENMARK, IRELAND, U.K., GREECE, PORTUGAL, SPAIN, AUSTRIA, FINLAND, SWEDEN, CYPRUS, ESTONIA, LATVIA. LITHUANIA, MALTA, POLAND, CHECK REP., SLOVAKYA, HUNGARY, BULGARIA, RUMANIA, SLOVENIA) or DDU (Delivered Duty Unpaid) for all countries outside the E.U.
4.4 The delivery time of the products are normally 10 working days (Italy and E.U. countries), starting from the date of the payment or the receipt of the Order. The delivery time are not binding for MANUELA E DINTORNI, who anyway, undertake to deliver the products within 30 working days from the date indicated here above. The delivery time for countries outside the E.U. varies with respect the destination, for more detailed information the Client can contact: info@manuelaedintorni.com
4.5 In case of unavailability of one or more products, MANUELA E DINTORNI, after having informed the Client, can send the other products ordered by the Client. Partial shipments are valid and can not be refused by the Client, neither be considered a reason to ask for refund or compensation except for the prices paid for the purchase under art. 3, point 7.
4.6 At the time of delivery of the products by the courier the Client must check:
- the number of boxes delivered correspond to the number of boxes indicated on the document of delivery of the Courier
- the packing must be is intact, closed, not tampered, not wet or altered. If the Client finds such discrepancies can anyway decide to accept the delivery, but must write on the document of delivery of the courier “ RESERVE OF ACCEPTANCE FOR DAMAGES ON THE BOX” . If the products should then be damaged after the opening the box, having duly written a “reserve of acceptance” as stated here above, the Client could report the damage within 7 days from receipt of the products by contacting directly MANUELA E DINTORNI by the mail box: info@manuelaedintorni.com.
ONCE THE CLIENT HAS SIGNED THE DOCUMENT OF TRANSPORT OF THE COURIER HE COULD NO LONGER CLAIM FOR ANY DISCREPANCIES ON QUANTITIES AND QUALITY OF THE PRODUCTS RECEIVED.
5. OBLIGATIONS OF THE CLIENT
5.1 in order to complete the purchase of the products the Client must first register on the Site, giving the necessary information to process and send the Order. The Client undertake to communicate true information and full details concerning: name, address, country, telephone and e –mail address and any other additional information that might be required to send and deliver the products correctly.
5.2 The Client shall pay the price shown on the Site and shall keep the Order Confirmation sent by Il MANUELA E DINTORNI to the e-mail address indicated by him in the registration form.
6. PRICES AND PAYMENTS
6.1 PRICES ARE IN EURO.
6.2 The total amount which results at the end of the Order includes freight charges and VAT for all deliveries in E.U. countries as specified in art. 4 .1 whereas for all deliveries outside the E.U. the total amount which results at the end of the Order includes freight charges but NOT V.A.T., import duties and taxes which remain at client’s charge as specified in art.4.1
6.3 The Client must pay only by credit card or bank transfer in advance.
6.4 The payment shall be made when making the Order.
6.5 In case of payment by credit card, the related financial information shall be sent by encrypted protocol to the institutions that provide the distance electronic payment, without any third party access. These information shall only be used by MANUELA E DINTORNI to complete the procedures in relation to the purchase and to send the refunds in case of return of products, under right of withdrawal, or if such information shall be required by police in case of frauds.
6.6 By filling the Order and by choosing the method of payment the Client authorizes MANUELA E DINTORNI to debit on his account the total amount resulting from the purchasing procedure.
6.7 In case of payment by bank transfer, MANUELA E DINTORNI shall send the products after receiving on the bank account specified hereunder the total amount indicated. The bank transfer must be sent to: COSMOTRADE, IBAN IT57 W030 6954 6101 0000 0004 009, BANCA INTESA, ISEO, ITALY. The Client shall indicate his name as reason for payment.
7.FORCE MAJEUR
7.1 The Parties shall not be responsible by the delay in their obligations , under the Contract, if this delay is due to circumstances outside their control. The Party which is delayed for Force Majeur cause shall have the right to an extension of the terms in order to fulfill its obligations.
8. CONTENTS, COPYRIGHT AND BRANDS
8.1 Brands, trademarks, and other signs of different kinds present in the Site belong to their owners.
8.2 It is forbidden to use brands, trademarks and other signs – including the copy on other web sites – from unauthorized third parties.
8.3 The contents of the Site (Manuela e dintorni logo, texts, graphics, animation, images) are protected by copyright. In the Site there are no contents that describe or show situation of violence, either physical or psychological, such that they could harm or prejudice the human rights and dignity of people in all forms or expressions. MANUELA E DINTORNI undertakes as the content of the Site shall not hurt decencies , religion or somebody feelings, but can not guarantee that such content shall be acceptable and partaken from anybody all over the world : if somebody shall find it unacceptable or inconvenient it is kindly invited to stop the consultation. MANUELA E DINTORNI works in order that all the information available in this Site are correct at the moment of the publication but can not guarantee that they are all exact. MANUELA E DINTORNI shall not be responsible for any action in consequence of the reliance given to such information and or advices, for losses or damages suffered by the Client . In particular even though MANUELA E DINTORNI, offers a range of selected products of very high quality, shall not be held responsible for any kind of damage, losses or allergic reactions caused by proper or improper use of any product of cosmetics or perfumery
8.4 MANUELA E DINTORNI can not grant to the Clients that the web site shall always work properly, without interruptions and in absence of errors or malfunctions due to the internet connection.
9. RIGHT OF WITHDRAWAL
9.1 In accordance to what indicated under art. 64 e ss. D. L.vo n. 206/2005, the right of withdrawal consists in the possibility of the Client to break the Contract by sending the products back and consequently to get a refund without penalties and without specifying the reason.
9.2 The right of withdrawal is reserved to consumer Clients that act outside their professional activity, therefore dealers, wholesalers and companies in general are excluded from this right.
9.3 In order to exert the right of the Client must send an e-mail to the address info@manuelaedintorni.com within 10 days from the receipt of the products and a registered letter within the following 48 hours. The return of the products must be done by express courier with the possibility to trace back the delivery and all the freight costs shall be borne by the Client. The shipment is under the complete responsibility of the Client until delivered to MANUELA E DINTORNI, which shall sign the B/L as a receipt.
9.4 The Products must be shipped back within 10 days from the date of receipt and must be sent to the following address: MANUELA E DINTORNI, VIA CAMPO 32/6 - 25049 ISEO (BS) ITALY. The respect of the terms is considered at the moment when the products are given to the courier for the delivery.
9.5 In order to exert the right of withdrawal it is necessary that the products purchased shall be sent back in closed original packing, not used, with original labels. The packing of the products shall be accurate in order to preserve the inner original packing from damages.
9.6 The validity of the right of withdrawal is subject to the control and check of the conditions of the products and their correspondence from the ones ordered from MANUELA E DINTORNI .
9.7 If the right of withdrawal has been correctly exerted under the aforementioned dispositions, MANUELA E DINTORNI shall refund the amount paid for the purchase, deducting all freight charges, within 30 days from the receipt of the returned products. The refund shall not include the freight charges born by MANUELA E DINTORNI for sending the products to the Client. In no case shall it be possible to change the products purchased with others.
9.8 In case there won’t be correspondence between the addressee of the delivery indicated in the Order form and the person who has made the payment, the refund in case of the right of withdrawal shall be sent to the person who has made the payment, with releasing effect MANUELA E DINTORNI
10. PRIVACY POLICY
10.1 The data communicated by the Client and necessary to process the Contract are dealt under the provisions of D. L.vo n. 196/2003 which concern the "Protecion of personal data “. The Holder of the data is Cosmotrade s.n.c., based in via Mirabella nr 8 25049 Clusane (Bs) Italy
10.2 The personal data requested in the Order form are collected and treated to satisfy the Client needs and shall not be given to third parties at any title.
10.3 Kind of data treated: a) navigation data: the computer system and the software procedure which allow the working of the Site get during normal activity some personal data which are transmitted in the usual internet protocol. These information are not collected to other scope than the normal site activity, however for their nature could be associated with data kept from third parties and elaborated to identify the end users. Among these there are the IP address or names or dominions of the computers used by the Clients that shall connect to the Site, the URI (“uniform resource identifier”) of the resources requested, the time of the request, the method used by sending the request to the server, the dimension of the file of the answer, the numeric code and other parameters related to the operating system and the computer system of the Client. These data could be used to verify any computer crime related to the damage to the Site; b) data supplied voluntarily from the visitors of the Site: personal data to have access to some services or to request information at the mail address indicated on the Site entails the acquisition of the sender address, or other personal information.
c) cookies: no personal data of the Clients are acquired by the Site. No cookies are used to transmit personal information, or system to trace the Clients
10.4 A part from what specified for the navigation data, the user is free to supply his own personal data by the the use of dedicated sections of the web Site and to request the sending of information or other communications. In some cases i (not in the normal management of the Site) the Authority can ask news and information under art. 157 D.L.Vo. n. 196/2003, to check the treatment of personal data. In these cases the answer is mandatory, under penalty of fine
10.5 The subjects to which the personal date refer have (I) the right in any moment to obtain the confirmation or not about the existence of such data, to know the content or origin, to check the correctness and ask for integration or updating or amendment (II) the right to ask for cancellation or stop of the treatment of such data. The requests have to be sent to the holder of their treatment.
11.MODIFICATIONS OF THE CONTRACT
11.1 The Contract constitutes the entire agreement between the Parties, together with the Order, to the present General Conditions of Sale, as far as registration service and legal notes.
11.2 Any variations and or modification of the Contract shall be accepted in written by the Parties.
12. COMUNICATIONS
12.1 All the communications between the Parties shall be made in written and send to the other Party indicated in the Order. The communications sent to the other Party to the e-mail indicated in the Order and in the Site are considered written and therefore valid.
12.2 The communications related to the validity or existence of the present Contract shall be delivered by registered mail by post.
13. LANGUAGE, APPLICABLE LOW AND TRIBUNAL
13.1 The Contract of sale is written in Italian and English, with predominance of the Italian version in case of doubts on interpretations.
13.2 The Contract shall be ruled in conformity to the Italian law.
13.3 The Parties agree that it is expressly excluded the application of the present Contract to the U.N. Directive on the Contracts for International sale of Goods
13.4 For any dispute arising on the Contract of sale, made according to the General Conditions of Sale, the tribunal of Brescia, Italy shall be authorized.
14. MODIFICATIONS
14.1 The General Conditions of Sale might be subject to modifications, also in consideration of changing of laws. The new general Conditions of Sale shall be valid from the date of publication on the Site
14.2 It is presumed under art. 1341 c.c., that the Client has knowledge of the General Conditions of Sale valid at the moment of the purchase.
