Introduction
This legal notice concerns the website "https://jolinetmyrtille.com” (Website) and is provided by Jolin et Myrtille of Gigliola Barone, with registered office in via Giosuè Borsi 4 – 20143 Milano (MI), Chamber of Commerce of Milano Monza Brianza Lodi, VAT number 13519560968 (Seller).
Article 1. Application Scope
1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) Of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit the website regularly in order to read the most updated version of the General Sale Conditions.
1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and / or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and / or the sale of products by these parties. The Seller does not carry out any checks on and / or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and / or omissions and / or legal breaches by the said websites.
1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website.
1.7 L’inoltro dell’ordine di acquisto costituisce accettazione delle presenti Condizioni Generali di Vendita.
Article 2. Purchasing through the Website
2.1 The purchase through the Website is allowed to the user who
2.3 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be allowed to make purchases on the Site. It is therefore forbidden for such persons to make purchases on the Website.
2.4 In the case of orders that are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.
2.5 The Seller reserves the right to refuse or cancel orders placed:
Article 3. Registering on the Website
3.1 To register on the Website, the user must fill out the registration form, entering the following data:
3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.
3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and / or liabilities deriving from and / or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.
Article 4. Information Required for Entering into an Agreement
4.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:
• per concludere un contratto di acquisto sul Sito, Lei dovrà compilare un modulo d’ordine in formato elettronico e trasmetterlo al Venditore, in via telematica, seguendo le istruzioni che compariranno di volta in volta sul Sito
Article 5. Product Availability
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 The Website contains information relating to the availability of each Product.
5. 3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.
5.4 Alternatively and without prejudice to his / her rights, the user may accept:
• an extension of the delivery period.
5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 20 days.
5.6 In the event that you avail yourself of the right of termination under Article 61, IV and V paragraphs, Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Due I m p o r t ) has already taken place, the Seller will make a refund of the Total Due Amount in accordance with the provisions of the article “Payment Method” below.
Art. 6. Product Sheet
6.1 Each Product is accompanied by a product information sheet illustrating its main features as well as the INCI names of ingredients (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
Article 7. Prices
7.1 All prices are VAT included.
7.2 Il Venditore si riserva il diritto di modificare il prezzo dei Prodotti, in ogni momento, senza preavviso, fermo restando che il prezzo a Lei addebitato sarà quello indicato sul Sito al momento dell’effettuazione dell’ordine e che non si terrà conto di eventuali variazioni (in aumento o in diminuzione) successive alla trasmissione dello stesso.
7.3 Le spese di spedizione sono espressamente e separatamente indicate nel modulo d’ordine, prima che l’utente proceda alla trasmissione del medesimo.
Article 8. Purchase Orders
8.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product (s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).
The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that you have not paid all of the Total Amount Due.
Il Servizio da Lei scelto sarà effettuato solo a seguito del pagamento dell’Importo Totale Dovuto. Il Venditore si riserva il diritto di non prestare il servizio qualora, successivamente all’inoltro del Suo ordine di acquisto, fosse accertato che Lei non ha pagato in tutto l’Importo Totale Dovuto.
8.2 The purchase contract is terminably conditioned upon non-payment of the Total Amount Due. Unless otherwise agreed to in writing with you, the order will be cancelled accordingly.
8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, by clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.
Article 9. Payment Methods for Purchases Made through the Website
9.1 The payment on the Website can be made by:
9.2 The Seller accepts the following credit cards:
The credit cards accepted by the Seller are specified in the footer.
You will have the option on the Site to authorize the storage of the payment card information entered and its reuse for payment of subsequent purchases on the Site. You will be able to revoke the authorization to the payment card details for subsequent purchases by following the instructions on the Website.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued authorization for the charge.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Website, the data of your payment card used to pay for the Products.
The charge will be made when the order is sent.
9.3 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal . The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account. If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favor of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.
f payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.
Art. 10. Product Delivery
10.1 Delivery of the Products purchased on the Website is carried out in Italy, in the EU Member States and in the countries listed in the checkout page. The obligation to deliver is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the user.
10.2 The expenses for delivery of the Products will be borne by the user. The expenses are however stated in the checkout page.
10.3 The Products will be delivered within 1 to 5 business days and, in any case, within thirty (30) days, effective from the day on which the agreement is entered into.
10.4 It is your responsibility to verify the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is appropriate to give prompt notice to Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Article 11. Right of Withdrawal
11.1 If you are a consumer, you have the right to withdraw from the contract for the purchase of the Product (except for the Sample Set item) without having to provide any reasons and without incurring any costs other than those provided in this article within the period of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after fourteen days:
a. in case of a single or multiple Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Products;
b. in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product delivered last.
11.2 To exercise the Right of withdrawal, the user must inform the Seller of their decision to withdraw, prior to the expiry of the Withdrawal Period.
11.3 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. This communication must be sent to the following email address:
Email: info@jolinetmyrtille.com
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with you, it is in your best interest to avail yourself of a durable medium when notifying the Seller of your withdrawal.
11.4 In case of exercise of the right of withdrawal, you must contact the Seller, who will provide specific instructions as to return the Product. You must then deliver the Product and the completed withdrawal form to the address indicated to you by the Seller following your email.
11.5 The cost for returning the Product is at the user's expense and the return occurs under their responsibility. The Seller advises that insurance should be taken, for if the Product is lost or damaged, the Seller will not be held accountable and the reimbursement request will therefore be cancelled.
11.6 If the user withdraws from the agreement, the Seller shall refund the Total Sum Due paid by the user for the Products, except delivery expenses, without undue delay and no later than 14 calendar days from the date on which the Seller has received the returned Products. The refund will occur by using the same payment method employed for the original transaction.
11.7 The Seller has the right to deny a reimbursement request of the returned Products upon their reception, whenever the returned Products are not in the original conditions. The Products will have to be returned in perfect condition for resale: not opened; not used; with the film still intact, sealed and not tampered; and without any sign of wear, dirt or handling.
11.8 In the event that the withdrawal is not exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user from the receipt of the Product, rejecting the request for withdrawal.
11.9 In the case of partial withdrawal from Multiple Orders, the amount to be reimbursed in favor of the user will consist solely of the Product subject to withdrawal, and it will be applied the policy shown in the aforementioned paragraphs of this article.
Article 12. Legal Guarantee of Conformity
All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128- 135 of Consumer Code (Legal Guarantee). To whom it applies
To whom it applies
The Legal Warranty is reserved for consumers. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Seller is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The Seller must be informed of the non- conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, the non-conformity materialising within six months from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement ) and the delivery date. In case of a non-conformity reported within the prescribed period, the user is entitled to the following: (i) firstly, the repair or replacement of the good free of charge, according to preference, unless the requested solution is objectively impossible or excessively burdensome with respect to the other one; (ii) secondly (in cases where repair or replacement is impossible or excessively burdensome, or where repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused significant inconvenience to the consumer) a discounted price or the termination of the agreement, according to the preference of the user. The requested solution is excessively expensive if it entails unreasonable expenses for the Seller compared to alternative solutions, considering (i) the value that the good would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution may be achieved without significantly inconveniencing the consumer. The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.
In order to take advantage of the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is appropriate, therefore, that the consumer, for the purpose of such proof, keep the purchase invoice or any other document that can attest to the date of making the purchase (for example, the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the
Product, shipping costs and any other additional costs, if any. In the event of a price reduction, the Seller shall refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.
Art. 13. Alternative Dispute Resolution/Online Dispute Resolution
13.1 The purchase contracts concluded between you and the Seller are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.
1 3. 2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.
13.3 Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to the Seller, as a result of which, however, it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.
13.4 The Seller also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
13.5 The consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall in any event be unaffected.
1 3. 6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu
Article 14. Customer Care and Complaints
You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:
• by email, writing to: info@jolinetmyrtille.com.
The Seller will deal with complaints by replying within 5 days of receipt.
Article 15. Intellectual Property Rights
The Website and the material published on it are protected by the Intellectual Property; Jolin et Myrtille ® is a registered trademark. The Seller is the owner or the licensee of all intellectual property rights inherent in the Website. Your sole right to use the intellectual property inherent in the Website is strictly necessary to enable you to access the Website and to peruse its contents. All other use of the material on the Website must be authorised by the Seller.
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