GENERAL TERMS AND CONDITIONS OF SALE
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1. OWNERSHIP OF THE WEBSITE
The website https://www.yuup.it/ is owned by Cosmetica Veneta S.r.l. (VAT number and Tax Code IT03712110240), with registered office in Via Meucci n. 52, 36057 Arcugnano (VI), Italy, e-mail info@cosmeticaveneta.it, and is intended for the online sale of products.
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2. SCOPE OF APPLICATION
2.1 These General Terms and Conditions of Sale govern the sale of products through the website https://www.yuup.it/ in the version published at the time the transaction is completed. 2.2 The website does not sell goods to minors, and the Customer assumes full responsibility for any untrue information provided in this regard.
2.3 The products offered on the website https://www.yuup.it/ are addressed to natural persons and legal entities, including those acting in the course of a business activity.
2.4 By making any purchase in accordance with the procedures provided on the Website, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Terms and Conditions of Sale, payment and delivery.
2.5 The contract for the sale of products and services concluded through the Website is governed by these General Terms and Conditions of Sale and, where applicable, by the provisions of Italian Legislative Decree no. 206 of 6 December 2005 (“Consumer Code”), Italian Legislative Decree no. 70/2003 and the Italian Civil Code, for matters not expressly provided for herein.
2.6 Orders with invoicing and delivery both within Italy and within Europe are accepted.
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3. PURCHASE PROCEDURE
3.1 In order to make purchases on the website, the Customer must register or log in as a Guest.
3.2 The presentation of products on the website constitutes an invitation to purchase. At the end of the purchase procedure, a summary of the data provided, the products selected and the delivery and payment methods chosen will be displayed, and final confirmation will be requested before the order is submitted.
3.3 The order constitutes a contractual purchase proposal addressed to Cosmetica Veneta S.r.l. for the products listed, each considered individually.
3.4 Once payment has been made, Cosmetica Veneta S.r.l. will send a confirmation e-mail and will proceed to ship the purchased goods.
3.5 In any case, Cosmetica Veneta S.r.l. reserves 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.
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4. PRODUCT DESCRIPTION
4.1 The technical data sheets of the products presented on the Website are drawn up by the Manufacturers of the goods and/or by third parties specialised in preparing product technical data sheets.
4.2 Cosmetica Veneta S.r.l. therefore accepts no liability for any errors and/or inaccuracies in the technical data sheets, nor for any discrepancies between the product description and the actual functions and characteristics of the product.
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5. RIGHT OF WITHDRAWAL
5.1 Online sales of products are governed by articles 45 to 67 of Italian Legislative Decree 206/2005 (Consumer Code). This legislation grants the Consumer the right to withdraw from contracts, guaranteeing the right to return the purchased product and to obtain a refund of the amount paid.
5.2 The right of withdrawal is reserved exclusively for Consumers (natural persons who purchase goods for purposes unrelated to their professional, commercial or business activity) and therefore cannot be exercised by legal entities or by natural persons acting for purposes related to any professional activity they carry out (Professional Customer).
5.3 The Customer has the right to withdraw from the sales contract, without giving any reason, within 14 days from the date on which the purchased products are collected by the Customer or by a third party designated by the Customer.
5.4 To exercise the right of withdrawal, the Customer must, before the fourteen-day period expires, follow the procedure for returning the intact product set out in point 8 below.
5.5 Within 14 days of receiving the return package, and subject to point 5.8 below, Cosmetica Veneta S.r.l. will refund the Customer all sums received for the products for which the right of withdrawal has been exercised. Shipping costs will be borne by the Customer.
5.6 The refund will be made via PayPal or bank transfer, unless otherwise agreed with the Customer.
5.7 The goods must be returned to Cosmetica Veneta S.r.l. within 14 days from the date on which the Customer, or a third party on the Customer's behalf, received them, and the shipping costs will be borne entirely by the Customer.
5.8 Cosmetica Veneta S.r.l. reserves the right to withhold the refund until it has received the products returned by the Customer and verified their integrity.
5.9 The Customer may be held liable for any decrease in the value of the returned goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods received. In particular, the returned product must be in a normal state of preservation and substantially intact, in its original packaging, complete with all accessories and any manuals, with nothing missing.
5.10 The risks of damage and loss connected with the shipment shall be borne entirely by the Customer.
5.11 The Customer may not exercise the right of withdrawal in the case of:
- supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been unsealed after delivery, or supply of products which, after delivery, are inseparably mixed with other goods;
- supply of goods made to measure or clearly personalised;
- supply of goods which are liable to deteriorate or expire rapidly.
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6. PRICE, PAYMENTS, INVOICING.
6.1 All prices shown on the website for the “Consumer” buyer include VAT as required by law, where applicable under current legislation. They do not, however, include shipping costs, which are therefore added to the price of the products. For the “Professional” buyer, agreed prices are shown. 6.2 In order for the agreed prices referred to in the previous paragraph to be applied, the Professional must, at the time of registration, provide all of their company details, including the VAT number, which must in any case relate to an animal-related business: grooming, pet product retail shop, companion animal breeding, etc.
If this essential requirement is not met, the order will be cancelled and the amount refunded to the customer via PayPal or bank transfer, after notifying the customer.
6.3 If, by mistake, the price shown on the website is lower than the actual price, Cosmetica Veneta S.r.l. will contact the Customer, who may choose whether to confirm the order at the actual price or to cancel the order.
6.4 If, on the other hand, the correct price is lower than the one shown on the website, Cosmetica Veneta S.r.l. will supply the product charging the lower price.
6.5 Estimated delivery times are purely indicative and not binding; therefore Cosmetica Veneta S.r.l. will not accept complaints for deliveries made after the estimated times, provided they are made within 30 days from the date of the Order Confirmation.
6.6 Payments may be made by credit card, PayPal, Satispay or bank transfer.
6.7 Sales transactions are carried out pursuant to article 1, paragraphs 54 to 89, of Italian Law no. 190/2014, as amended by Law no. 208/2015 and Law no. 145/2018. The non-application of withholding tax on account is requested pursuant to article 1, paragraph 67, of Law no. 190/2014, solely for transactions subject to the flat-rate tax regime, and the 2-euro stamp duty has been paid on the original.
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7. WARRANTY ON PRODUCTS SOLD AND ITS LIMITATIONS
7.1 Products purchased by a Professional Customer are covered by the warranty against defects of the goods sold pursuant to articles 1490 et seq. of the Italian Civil Code.
7.2 Any claim by the Professional Customer under this warranty shall become time-barred 1 year after delivery of the purchased product, and defects must be reported within the time limits set out in article 1495 of the Italian Civil Code.
7.3 With regard to goods purchased by a Consumer Customer, Cosmetica Veneta S.r.l. guarantees the goods against any lack of conformity with the sales contract, provided that it becomes apparent within the period indicated on the packaging (expiry date) for perishable products, and within two years from the date of delivery for non-perishable products.
7.4 A lack of conformity exists when the product is not fit for the purposes for which goods of the same type are normally used, does not match the description or does not possess the qualities promised by the seller, does not offer the usual quality and performance of goods of the same type, or is not fit for the particular purpose required by the consumer if this was made known to the seller at the time of purchase and accepted by the seller (art. 129 of the Italian Consumer Code).
7.5 The Consumer Customer must report the defect to Cosmetica Veneta S.r.l. within 60 days of its discovery, failing which the right to the warranty will be lost.
7.6 In the event of a defective product, the Customer must contact Cosmetica Veneta S.r.l. by e-mail at shop@yuup.it with the subject “damaged items” or by calling +39 0444 719637.
7.7 If a defect is found, the Customer will be entitled to have the product restored by repair or replacement or, if this is not possible, to a reduction of the purchase price or termination of the contract.
7.8 Cosmetica Veneta S.r.l. cannot be held liable for non-substantial differences between the items delivered and their illustrative images and text descriptions contained in the product 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 sent back to the registered office of Cosmetica Veneta S.r.l.; the shipping costs will be reimbursed by the seller once the existence of the reported defect has been verified.
7.11 Except in cases of wilful misconduct or gross negligence, Cosmetica Veneta S.r.l. shall be liable only for direct damages foreseeable at the time the contract was concluded. Accordingly, the seller shall not be liable for any losses incurred, loss of profit or any other damage that is not an immediate and foreseeable consequence of the breach.
7.12 The Legal Warranty is excluded in any of the following cases: a. the product has been repaired, tampered with, submitted for technical examination or altered by persons other than the manufacturer, Cosmetica Veneta S.r.l. or any other authorised party; b. the defect is due (wholly or partly) to incorrect and/or improper use/storage/maintenance or installation – by the Customer or by persons other than the manufacturer, Cosmetica Veneta S.r.l. or any other authorised party – or to failure to follow the instructions provided by the manufacturer; c. at the time the contract was concluded, the Customer was aware of the defect or could not have been unaware of it by exercising ordinary diligence.
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8. HOW TO MAKE A RETURN
8.1. If the Customer needs to return any of the purchased products, the following procedure must be followed within 14 days of receiving the item:
• 1. in the event of a damaged product, send an e-mail to shop@yuup.it with the subject “damaged items” or call +39 0444 719637;
• 2. send the return package, properly packed, together with a copy of the delivery note (or of the invoice, where requested) to Cosmetica Veneta Srl, Via Meucci 50/52, 36057 Arcugnano (VI), Italy;
• 3. never use cash on delivery;
Goods delivered to an address other than the one indicated above will not be taken into consideration. The refund will be made within 14 working days of the Return Acceptance Confirmation e-mail. The time required for the refund to appear on your account depends on your bank and on the payment circuit used. Two refund methods are used:
• PayPal: the refund will be visible on the PayPal account within 24 hours of the Return Acceptance Confirmation e-mail
• Bank transfer to a bank or postal current account, to be provided by e-mail or by telephone, which will be made within 24 hours of the Return Acceptance Confirmation e-mail.
The refund will be made only upon receipt of the returned goods, after their integrity has been verified.
N.B. If the bank transfer fails due to errors in the data provided (incorrect IBAN, incorrect account holder), the bank charges will be borne by the buyer.
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9. APPLICABLE LAW AND JURISDICTION
9.1 Disputes with the Consumer Customer concerning the validity, effectiveness, interpretation or performance of the contract may be submitted to an attempt at conciliation through the European Online Dispute Resolution (ODR) platform, available at http://ec.europa.eu/consumers/odr.
9.2 If the attempt at amicable settlement fails or this procedure is not used, the dispute shall be referred to the judicial authority of the place of residence or domicile of the Consumer Customer.
9.3 Disputes with the Professional Customer concerning the validity, effectiveness, interpretation or performance of the contract are governed by Italian law, and the Court of Milan shall have exclusive jurisdiction.
- 10. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
10.1 The contract between Cosmetica Veneta S.r.l. and the Customer shall in any case be governed by the General Terms and Conditions in force at the time the contract was concluded, unless the amendment is required by law, in which case it shall also apply to contracts already concluded.
10.2 The nullity or invalidity of any clause of these General Terms and Conditions shall not affect the validity or effectiveness of the remaining provisions.
Updated 21.04.2021.
Cosmetica Veneta S.r.l.