GENERAL TERMS OF SALE
1. PAYMENT INSTRUCTIONS
The site https://www.yuup.it/ is owned by Cosmetica Veneta S.r.l. (VAT number and Tax Code 01234567890) with registered office in Via Meucci n. 52, 36057 Arcugnano (VI), e-mail email@example.com and is aimed at the sale of products online.
2. SCOPE OF APPLICATION
2.1 These General Conditions of Sale govern the sale of products through the site https://www.yuup.it/ according to the version published at the time of completion of the transaction. 2.2 The site does not sell goods to minors and the Customer assumes all responsibility resulting from any untrue information in this regard.
2.3 The offer of products on the site https://www.yuup.it/ is addressed to individuals and legal entities, even in the exercise of a commercial activity.
2.4 By making any purchase according to the methods provided on the Site, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale, payment and delivery.
2.5 The contract for the sale of products and services concluded through the Site is governed by these general conditions of sale as well as, as applicable, by the provisions of Legislative Decree 6 December 2005 n. 206 ("Consumer Code"), of Legislative Decree no. 70/2003 and the provisions of the Civil Code, although not expressly provided for here.
2.6 Orders that require invoicing and delivery both on the Italian and European territory are accepted.
3. PURCHASE METHOD
3.1 In order to make purchases on the site, the Customer must register or log in as a Guest.
3.2 The presentation of products on the site constitutes an invitation to purchase. At the end of the purchase procedure, a summary sheet of the data provided, of the selected products, of the delivery and payment methods chosen will be shown, and final confirmation will be requested when sending the order.
3.3 The order constitutes a contractual purchase proposal addressed to Cosmetica Veneta S.r.l. for the listed products, each considered individually.
3.4 Once the payment has been made, Cosmetica Veneta S.r.l. will send confirmation emails and will proceed to send the purchased goods.
3.5 In any case, Cosmetica Veneta S.r.l. has the right to cancel the order for serious reasons until it has been prepared for shipment.
3.6 The Customer's right of withdrawal referred to in point 5 below is always reserved.
4. DESCRIPTION OF THE PRODUCTS
4.1 The technical data sheets of the products presented on the Site are drawn up by the Producers of the goods themselves and / or by third parties specialized in the preparation of the technical data sheets of the products.
4.2 Cosmetica Veneta S.r.l. therefore, it has no responsibility for any errors and / or inaccuracies in the technical data sheets, nor for any lack of correspondence between the description of the product and the actual functions and characteristics of the same.
5. RIGHT OF WITHDRAWAL
5.1 The sales of products via the Internet are governed by articles from 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides in favor of the Consumer the right to withdraw from the contracts, guaranteeing him the right to return the purchased product and to obtain reimbursement of the expenses incurred.
5.2 The right of withdrawal is reserved exclusively for Consumers (natural persons who purchase goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be exercised by legal persons and natural persons acting for purposes related to the any professional activity carried out (Professional client).
5.3 The Customer has the right to withdraw from the sales contract, without giving reasons, within 14 days from the date of collection by the Customer or a third party designated by him of the purchased products.
5.4 To exercise the right of withdrawal, the Customer must, before the expiry of the term of fourteen days, follow the procedure for returning the intact product referred to in the following point n. 8.
5.5 Within 14 days of receipt of the return shipping package, except as provided in point 5.8 below, Cosmetica Veneta S.r.l. will refund the Customer all the sums received for the products in relation to which the right of withdrawal has been exercised. Shipping costs will be charged to the customer.
5.6 The refund will be made by PayPal or bank transfer, unless the Customer has agreed otherwise.
5.7 The return of goods to Cosmetica Veneta S.r.l. must take place within 14 days from the date on which the Customer, or a third party on his behalf, will have received them and the shipping costs will remain entirely at his expense.
5.8 Cosmetica Veneta S.r.l. reserves the right to suspend the reimbursement until it has received the products returned by the Customer, after verifying their integrity.
5.9 The Customer may be held responsible for the decrease in value of the returned goods resulting from the handling of the goods other than that necessary to ascertain the nature, characteristics and functioning of the goods received. In particular, the returned product must be in a normal state of conservation and substantially intact, must be in its original packaging, complete with all accessories and any manuals, without any lack.
5.10 The risks of damage and loss associated with the shipment will remain the full responsibility of the Customer.
5.11 The Customer cannot exercise the right of withdrawal in the event of:
- supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and which have been opened after delivery or in the case of supply of products which are, after delivery, inseparably mixed with other goods;
- supply of goods made to measure or clearly personalized;
- supply of goods which risk deteriorating or expiring rapidly.
6. PRICE, PAYMENTS, BILLING.
6.1 All the prices indicated on the site for the "Consumer" buyer are inclusive of legal VAT, when required by current legislation. However, they do not include shipping costs, which are therefore added to the price of the products. For the "Professional" buyer, agreed prices are indicated. 6.2 In order to apply the agreed prices referred to in the previous paragraph, at the time of registration the Professional subject must indicate all his company data, including the VAT number which must in any case be inherent in an activity linked to the animal: grooming, shop for resale of pet products, pet breeding, etc.
In the absence of this essential requirement, the order is canceled and the amount returned to the customer by Paypal or bank transfer, upon notification to the customer.
6.3 If, by mistake, the price indicated on the site is lower than the actual price Cosmetica Veneta S.r.l. will contact the Customer, who can choose whether to confirm the order at the actual price or cancel the order.
6.4 If, on the other hand, the correct price is lower than that indicated on the Cosmetica Veneta S.r.l. will supply the product by charging the lower price.
6.5 Estimated delivery times are purely indicative and not mandatory, therefore Cosmetica Veneta S.r.l. will not accept complaints for deliveries made after the estimated times, but in any case within the term of 30 days from the date of the Order Confirmation.
6.6 Payments can be made by credit cards, PayPal, Satispay or bank transfer.
6.7 Sales transactions are carried out pursuant to article 1, paragraphs 54 to 89, of Law no. 190/2014 as amended by Law no. 208/2015 and by Law no. 145/2018. The non-application of the withholding tax as an advance payment is requested pursuant to article 1, paragraph 67, of Law no. 190/2014, only for transactions subject to the flat-rate regime and the 2 euro stamp duty was paid on the original.
7. WARRANTY ON PRODUCTS SOLD AND ITS LIMITATIONS
7.1 The product purchased by the Professional Customer is covered by the warranty for defects in the thing sold pursuant to articles 1490 and ss. of the Civil Code.
7.2 The action of the Professional Customer aimed at enforcing this guarantee expires 1 year from delivery of the purchased product and the related defects must be reported within the terms set out in art. 1495 of the Civil Code.
7.3 In order, however, to the goods purchased by the Consumer Customer, Cosmetica Veneta S.r.l. guarantees the goods against conformity defects with respect to the sales contract as long as these occur within the term indicated on the package (expiry date) for perishable products and for two years from the date of delivery for non-perishable products.
7.4 The lack of conformity exists when the product is not suitable for the use to which it must habitually serve, does not conform to the description or does not possess the qualities promised by the seller, does not offer the usual qualities and performances of a good of the same type, it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller (Article 129 of the Consumer Code).
7.5 The Consumer Customer has the duty to report the defect to Cosmetica Veneta S.r.l. within 60 days of discovery, under penalty of forfeiture of the right to the guarantee.
7.6 In the event of a defective product, the Customer must contact Cosmetica Veneta S.r.l. to the e-mail firstname.lastname@example.org with the subject "damaged items" or by calling 0444 719637.
7.7 In the event of a defect, the Customer will have the right to have the product restored by repairing or replacing it, or, if this is not possible, to a reduction in the purchase price or termination of the contract.
7.8 Cosmetica Veneta S.r.l. cannot be held responsible in the event of insubstantial differences between the items delivered and their illustrative images and text descriptions contained in the presentation sheets.
7.9 The product must be returned intact and complete with accessories and spare parts, original packaging, user manuals and accompanying documentation.
7.10 The product must be returned to the headquarters of Cosmetica Veneta S.r.l. with shipping costs that will be reimbursed by the seller, after verifying the existence of the alleged defect.
7.11 Without prejudice to the case of willful misconduct or gross negligence Cosmetica Veneta S.r.l. will be liable only for direct and foreseeable damages at the time of the conclusion of the contract. Therefore, the seller will not be liable for any losses suffered, loss of earnings and any other damage that is not an immediate and foreseeable consequence of the non-fulfillment.
7.12 The Legal Guarantee is excluded in the presence of one of the following hypotheses: a. the product has been repaired, tampered with, delivered for a technical examination or altered by people other than the manufacturer, by Cosmetica Veneta S.r.l. or by any other authorized person; b. the defect is due (in whole or in part) to bad and / or improper use / storage / maintenance or installation - by the Customer or by persons other than the manufacturer, by Cosmetica Veneta S.r.l. or by any other authorized person - or is due to failure to comply with the instructions provided by the manufacturer; c. at the time of conclusion of the contract, the Customer was aware of the defect and could not ignore it with ordinary diligence.
8. HOW TO MAKE A RETURN
8.1. If the customer needs to return one of the products purchased, he must follow the following procedure within 14 days of receiving the item:
• 1. in the event of a damaged product, write an e-mail to email@example.com with the subject "damaged items" or call 0444 719637;
• 2. send the return shipping package correctly packaged with a copy of the delivery note (or invoice, when requested) to Cosmetica Veneta Srl, Via Meucci 50/52, 36057 Arcugnano (VI);
• 3. never use the mark;
Goods delivered to an address other than the one above will not be taken into consideration. The refund will be made within 14 working days from the Return Acceptance Confirmation email. The time required to view the refund on your account depends on the institution and the circuit used. The reimbursement systems used will be of two types:
• PayPal: the refund will be visible on the PayPal account within 24 hours of the Return Acceptance Confirmation email
• Bank transfer to a bank or postal current account to be indicated in the email or by telephone which will be made within 24 hours of the Return Acceptance Confirmation email.
The refund will be made only upon receipt of the return, after verifying the integrity of the goods.
N.B. In the event that the transfer is not successful due to errors in the communication of data (wrong iban, incorrect account holder) the bank costs will be charged to the buyer.
9. APPLICABLE LAW AND JURISDICTION
9.1 Disputes with the Consumer Customer relating to the validity, effectiveness, interpretation or execution of the contract may be subjected to an attempt at conciliation to be carried out through the European platform of "Online Dispute Resolution" (so-called ODR) which can be consulted at http: // ec.europa.eu/consumers/odr.
9.2 In the event of failure of the friendly settlement attempt or non-use of this institution, the dispute is referred to the judicial authority of the Court of residence or domicile of the Consumer Customer.
9.3 Disputes with the Professional Client relating to the validity, effectiveness, interpretation or execution of the contract are governed by Italian law and the Judicial Authority of the Milan Court is exclusively competent.
10. MODIFICATION OF THE GENERAL CONDITIONS
10.1 The contract between Cosmetica Veneta S.r.l. and the Customer will in any case be governed by the General Conditions in force at the time of conclusion of the contract, unless the change has been imposed by law, in which case it will also apply to contracts already concluded.
10.2 The nullity or invalidity of one of the clauses of these General Conditions will not affect the validity or effectiveness of the other provisions.
Cosmetica Veneta S.r.l.