General terms and conditions of sale
Valid as of 1st May 2018
1.1. These general terms and conditions of sale apply to the purchase of products branded “METHODIST®” (hereinafter referred to as the “Products”) made through the e-commerce website methodist-cosmetics.com (hereinafter referred to as the “Website”) by users defined as “Customers” according to article 1.2 that follows. The owner of the Website is Beauty Project by Carola Devecchi, with registered office in Somma Lombardo (VA), via dell’Industria 20, VAT no. 02129650020 and enrolled with the Milan Registry of Industries under no. VA289014.
1.2. The purchases made through the Website shall involve Beauty Project by Carola Devecchi as the selling party (hereinafter referred to as the “Seller”) and the party carrying out the purchase of at least one Product for purposes other than those related to its own business, commercial and professional activity, in its capacity as purchaser (hereinafter referred to as the “Customer”), (Seller and Customer shall be hereinafter jointly referred to as the “Parties”).
1.3. The Seller owns the rights related to the name of the domain, the logos and the brands present on the Website and that refer to the products listed in it, as well as the copyright of its content.
1.4. Any communication made by the Customer related to the purchase of Products, including possible warnings, claims, requests related to the purchase and/or the delivery of Products, the exercise of the right of withdrawal and so on, shall be sent to the Seller to the address and according to the methods indicated on the Website and to the following email address: firstname.lastname@example.org.
1.5. Each purchase shall be governed by the version of the General terms and conditions of sale published on the Website at the moment of the order confirmation by the Customer.
1.6. The commercial supply and sale of Products on the Website www.Methodist-Cosmetics.com involve the fulfilment of a contract by remote sale governed by art. 50 and following articles of Italian Legislative Decree no. 206 of September, 6th 2005 (Code on consumption of the Italian civil code), as well as by Italian Legislative Decree no. 70 of April, 9th 2003 (Regulation on e-commerce of Italian civil code). The Purchase of Products is intended only for private consumers.
1.7. Upon order transmission, the Customer shall accept to receive by email the confirmation of any information about the order and these General terms and condition of sale. The information above shall be sent to the email address indicated during the registration process.
1.8. To make purchases on the Website, the Customer shall be 18 years old and shall confirm to have full capacity to act.
1.9. Additional expenses due to Internet connection, including the telephone ones, shall be borne by the Customer, according to the rates applied by the carrier chosen by the latter.
- Characteristics of Products and availability in the different regional areas
2.1. Products shall be sold according to the characteristics described on the Website and the General terms and conditions published on the Website upon order confirmation by the Customer. Any different terms and conditions are deemed to be excluded. They represent a supply offer to the public according to art. 1336 of the Italian Civil Code. The image representing the products may differ in colour, dimensions and as per side products described.
2.2. The Seller shall reserve the right to change these General terms and conditions of sale at any time and at its sole discretion, without previous notice to the Website users. Any change made shall be effective as of the date of publication on the Website and shall apply solely to the sales settled starting from that date.
2.3. Prices, Products sold on the Website and/or their characteristics shall vary with no previous notice. Before submitting the purchase order according to paragraph 3 that follows, Customer shall check final selling price.
2.4. Website is accessible from all over the world. However, available Products on the Website can be purchased only by users that request their delivery in the following Countries: Italy, Estonia, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Croatia, Austria, Germany, Belgium, Luxembourg, France (excluding Corsica), The Netherlands, Spain and Balearic Islands and England.
- Supply terms and conditions – Fulfilment of each purchase agreement
3.1. The presentation of the Products on the Website is not binding for the Seller and represents an invitation to the Customer to prepare a commercial purchase offer (not a public offer).
3.2. The Purchase order sent by the Customer to the Seller through the Website shall have the status of a contractual offer and shall be regulated by these General terms and conditions of sale that form part of the order and that the Customer shall fully and unconditionally accept by transmitting the order to the Seller. Before completing the purchase of the Products by sending the purchase order, the Customer shall carefully read these General terms and conditions of sale and the note on the right of withdrawal.
3.3. The Purchase order of the Customer shall be accepted by the Seller upon submission of the order to the Customer’s email address provided at the moment of registration. In case the Customer is not registered, a confirmation email shall be sent containing a link to these General terms and conditions of sale, the order summary and the description of the characteristics of the ordered Product. The Customer shall request a copy of the order confirmation by sending an email to the following address: email@example.com.
3.4. Any purchase contract of the Products shall be deemed to be fulfilled once the Customer receives the order confirmation by the Seller by email.
- Selection and purchase of Products
4.1. The Products present on the Website shall be purchased by selecting and moving them in the cart. Once the products have been selected, to complete the purchase of those inserted in the cart, the Customer shall be invited to (i) register on the Website, providing the mandatory data, or to (ii) login if the Customer has been already registered or (iii) to provide mandatory data in order to complete the order and allow for the completion of the contract. In case the data present in the order differ from those provided during registration, the Customer shall be required to confirm personal data (by way of a non-limiting example: name, surname and so on), as well as the delivery address, the invoicing address and, just in case, a telephone number to be used for emergency reasons. The Customer shall view a report of the order and shall change it: as a consequence, the Customer shall read in full and approve these General terms and conditions of sale by checking off the specific box on the Website and, eventually, by clicking on the “Inserisci ordine” (Insert order) button, the Customer shall confirm the order, that will be transmitted to the Seller and that shall produce the effects mentioned in preceding paragraph 3.2. of this contract. The Customer will be also asked to choose the preferred delivery and payment methods among those available. In case the Customer decided to pay during check out using credit card, PayPal shall transfer all related data via a secured connection. For accounting and admin reasons, the Seller shall reserve the right to check the general data provided by the Customer.
4.2 Promotions: The Seller shall propose promotional campaigns from time to time in order to promote the registration of new Customers on the Website. The Seller shall reserve the right to interpret the conditions of such promotions, extend them by giving proper information about time and methods and exclude any participant in case anomalies, violations or incorrect behaviours are detected.
- Delivery of goods and acceptance
5.1. Products are shipped through express carrier and delivery times vary according to destination, the period in which the order is made and product availability. In any case, delivery times shall not exceed those provided for by art. 6 of Italian Legislative Decree 185/99. Available products shall be shipped to the carrier within 3 working days from order confirmation to the Customer. The Seller agrees to do whatever possible in order to respect the expected delivery times and, in any case, to deliver the products within thirty (30) days starting from the day after order transmission by Customer. In case products are not available, even in case of temporary unavailability, the Seller shall provide prompt communication to the Customer and shall reimburse the amount already paid by the Customer according to paragraph 5.3. that follows. In case the Customer chose bank transfer as payment method, the delivery times will be determined starting from Seller’s receipt of payment.
5.1. Except in the case of unexpected events, delivery on national territory shall be carried out in 3 working days starting from shipment to the Carrier. Products shall be delivered in 7 working days to Puglia, Basilicata, Calabria, Sicily and Sardinia regions. Products shall be delivered in 9/10 working days to locations that are difficult to reach, such as mountain locations, isles and outskirts. Upon receipt of the products, Customer is required to check that the package is sealed, intact and not damaged. On each package a safety warranty adhesive strip is applied in order to prevent the package to be opened and to report possible alterations. In case the warranty strip is damaged, the Customer shall immediately report it to the carrier, accepting the package with specific reservation on where and how the package is damaged. On the contrary, the package shall be deemed to be properly delivered. In case the Customer is not reachable upon delivery of the order, the carrier shall leave a delivery notice. The Carrier shall make a second delivery attempt the day after. In case the Customer is not reachable the second time too, the latter shall contact the carrier to agree on the delivery times within at least 2 working days. In order to avoid obstacles during the delivery process, the Customer shall be required to leave a mobile phone number.
5.3. The shipment of the Products ordered by the Customer shall be carried out according to the modalities selected by the Customer and indicated on the Website upon order settlement. The Customer accepts to check at its earlier convenience that the package contains all the products ordered and to give prompt communication to the Seller in case of defects or non-compliance with respect to the order made, according the procedure set out in art. 8 that follows. In the absence of such communication, the order shall be deemed to be accepted. In case the packaging of the products ordered by the Consumer is clearly damaged, the latter shall be invited to reject delivery from carrier or to accept it with “reservation”.
- Prices, delivery costs, fees and taxes
6.1. The price indicated on the Website at the moment of order confirmation from Customer is the valid one. Prices are inclusive of standard packaging, VAT (if applicable) and any other excise (if applicable). They do not include delivery costs that are calculated before order confirmation is transmitted from Seller to Customer. The Customer shall accept to pay for such delivery costs in addition to the product price indicated on the Website.The delivery costs are as follows:
-9.90€ (including VAT) for orders up to 60€;
- 7.50€ (including VAT) for orders from 60€;
- for deliveries to the isles (such as Isola d'Elba, Capri, Ischia, Pantelleria, Lampedusa, Ponza and so on) a supplementary 10€ fee is foreseen. The Customer requesting delivery to such localities shall select the modality "spedizione isole minori" (Delivery to isles) on the Website before completing the purchase.
6.2. The Customer shall pay to the Seller the total amount indicated both in the order and in the order confirmation sent by email to the Customer from the Seller.
6.3. In case the Products are to be delivered to a non-European Union State member, the overall price indicated both in the order and in the order confirmation – including excise fees (if applicable) – shall not include possible customs fees and any other fee on sales that the Customer shall agree to pay in addition to the price indicated in the order and confirmed in the order confirmation, according to the regulations of the Country in which the Products are going to be delivered. The Customer shall be invited to collect information at the competent bodies in the Country of residency or of destination of the products, to obtain information on possible fees to be applied in the Country of residency or of destination of the products.
6.4. According to these General terms and conditions of sale, the Customer shall be charged of the total costs, fees and taxes that a Country might apply to the ordered Products.
6.5. The Customer accepts that failure of acknowledgement of actual notice of costs, fees and/or taxes described above in paragraphs 6.3. and 6.4. upon order transmission to the Seller shall not represent a reason to cancel this contract and the Customer shall not charge such duties to the Seller in any case.
7.1. The payment of the price of the products purchased on the Website shall be performed within 10 (ten) days starting from order confirmation transmission from Seller to Customer. The latter specifically accepts that the implementation of the contract by the Seller shall start from the credit entry of the price of the product/s purchased on the Seller’s bank account.
7.2. The payment shall be carried out with credit card or through PayPal according to the conditions described below. The Seller shall allow for further payment methods by indicating them in the payment section on the Website.
7.3. In case the payment is performed with credit card, the Customer shall be transferred to a protected website and the credit card data shall be communicated directly to ICCREA Banca s.p.a., Via Lucrezia Romana, 41-47 00175 Rome, that is the financial agent that takes care of payments on behalf of the Seller. The transferred data shall be sent through a protected modality by an encrypted transfer of data with a 128 bit SSL system (Secure Socket Layer). Even the Seller cannot access such data.
7.4. In case the payment is performed through bank transfer, the Customer shall use the “Swift” and “IBAN” codes indicated in the order confirmation, as well as the order number.
7.5. The Seller shall transfer the fiscal receipt to the Customer in a timely fashion. When provided for by the law and if the products are going to be delivered in Italy, such transfer can be performed by email to the address indicated by the same Customer. In all the other cases, a hard copy of the fiscal receipt will be attached to the purchased products.
The invoice related to products purchased by private customers shall not be issued as this type of operation is not subject to the fiscal certification obligation according to article 22 par. 1 n. 1 of Italian Presidential Decree no. 633 of 1972 and to article 2 of Italian Presidential Decree no. 696 of 1996.
For business purchases whose costs are attributable to the business activity, it is possible to ask for the invoice to be issued upon confirmation of the order and, in any case, within 3 working days from it.
- Legal warranty of Seller compliance, compliance defect reports and warranty costs
8.1 The Seller shall provide the legal warranty of compliance of the products with the terms and conditions set forth in art. 128 and following ones of Italian Legislative Decree no. 206/2005 (Code on consumption). Specifically, in case of defects, the Customer shall have the right to be fully reimbursed.
8.2 The rights arising from the legal warranty of compliance shall be exercised only if Products have been used properly, with due care and while respecting the intended use and following the instructions attached to the product. The Customer shall also show the PoD and the order number. The costs related to the returns attributable to the legal warranty of compliance shall be borne by the Seller.
8.3 The legal warranty of compliance applies only to those defects that do not derive from the standard use of the PRODUCT.
8.4. Under penalty of invalidation of this warranty, the Customer shall have the right to report possible defects and non-compliance issues within 2 (two) months from their identification by sending to the Seller’s customer service the specific form duly compiled. Such form shall be sent to the following email address: firstname.lastname@example.org and it shall include all the information about the defect and of the non-conformity detected as well as the related documentation indicated in the return form (at least 1 (one) picture of the Product, the order confirmation sent by the Seller and/or the fiscal receipt).
8.5. The Seller, upon receipt of the form and of all related documentation, shall evaluate defects and non-compliance issues reported by the Customer and, having performed proper quality controls in order to check the non-compliance issue of the Product, shall decide whether authorize the return of the Products or not by providing the Customer an answer by email that should include the “Return code”. The Seller shall use the email address provided by the Customer during registration on the Website or during the order transmission process. The authorization to return products shall not represent in any way acknowledgement of defects or non-compliance. Such defects or non-compliance issues shall be checked and verified after the return of products. The products, whose return have been authorized by the Seller, shall be returned by the Customer together with a copy of the return authorization bearing “return code” within 30 (thirty) days from the defect/non-compliance claim to the following address: Beauty Project, Via dell’Industria 20, 21019 Somma Lombardo (VA) - Italia.
8.6. In case the Seller must reimburse the Customer, such reimbursement shall be performed through bank transfer. The Customer shall provide the Seller by email (email@example.com) the bank details to perform the bank transfer in order to allow the Seller to complete the reimbursement process.
- Right of withdrawal
9.1 If the Product already delivered is defective and/or non-compliant, the Customer shall return it to the Seller, and to this end:
- a) the product shall be complete in all its parts. This represents a mandatory condition to exercise the right of withdrawal: damaged returns shall not be accepted. Only those products kept in good state of preservation shall be accepted;
- b) return expenses shall be borne by the Customer, who shall ship the Product duly packaged; the Customer shall attach a copy of the PoD.
9.2 According to current regulations, the Customer shall withdraw from the purchase agreement with no penalties and without specifying the reasons within 14 days as of receipt of the products. Customers that decide to exercise the right of withdrawal shall provide proper communication to the Seller by sending an explicit communication stating the decision to withdraw from the agreement. Such statement shall be sent by registered mail to the following address: Beauty Project, Via dell’Industria 20, 21019 Somma Lombardo (VA) - Italia or by email:
shop@ methodist-cosmetics.com. If the Customer decides to exercise the right of withdrawal, the latter shall return the goods within 14 days as of the date in which the withdrawal statement has been sent to the Seller, according to art. 57 of Italian Legislative Decree no. 206/2005.
The goods shall be shipped to Beauty Project, Via dell’Industria 20, 21019 Somma Lombardo (VA) - Italia. The direct costs related to shipment shall be borne by the Customer.
The goods shall be returned in full, in their original packaging and shall contain all the original parts (including packaging and any documentation and side equipment) as well as the related fiscal documentation. Subject to the authority to check the above has been respected, the Seller shall reimburse the amount of the products subject of the withdrawal within at least 14 days, including any shipment cost. According to art. 56, par. 3 of Italian Legislative Decree no. 206/2005, as amended by Italian Legislative Decree no. 21/2014, the Seller shall stop the reimbursement until the actual receipt of the goods or until the Customer has reported the shipment of the goods to the Seller.
If the right of withdrawal is exercised without respecting the conditions above (for instance, the 14 days foreseen by current legislation), the Seller shall return the Products again to the Customer and charge the latter the additional shipment costs.
9.3. The reimbursement of the returned products shall take some time to be registered by the bank, according the Customer’s bank institute.
9.4. The Customer shall be responsible for the decrease in value of the goods resulting from a handling of the product that may differ from the one that is necessary to establish nature, characteristics and functioning of it. To this end, in case the returned products are damaged (for instance if they have been used and they report signs of any kind, abrasions, scrapings, scratches, deformations and so on), are not complete in all their original elements and side accessories, (including labels and tags attached to the product), are not equipped with instructions/notes/manuals, are not in their original packaging and are not equipped with the warranty certificate, when applicable, the Customer shall be deemed responsible for the decrease in value of the goods and the actual value of the product shall be reimbursed to the latter. Therefore, the Customer shall be invited not to handle the products if not strictly necessary to establish their nature, characteristics and functioning of the same and to cover the original packaging with an additional protective material in order to preserve its integrity and to protect its labels and tags during transportation.
- Intellectual property rights
10.1. The Customer acknowledges to be duly informed that Beauty Project is the owner of brands, names, distinguishing features, registered names, images, pictures, written texts and graphics used on the Website and related to the products and that the same Customer shall not claim any right on them by accessing the Website and purchasing the products.
10.2. The Website content shall not be partially or totally reproduced, transferred by electronic or standard means, modified or used for any purpose without the written approval of Beauty Project.
- Customer’s data and privacy protection
11.1. To complete the registration on the Website, submit the order and complete the transaction, Customers shall be required to provide personal data. Customers acknowledge that the personal data provided shall be registered and used by the Seller, according to Italian current legislation set forth by Legislative Decree no. 196/2003 and following amendments (Privacy Code), to fulfil each purchase made on the Website and, prior to specific approval, to complete any other activity indicated in the privacy notice provided to the Customer through the Website upon registration.
11.2. The Customer acknowledges and guarantees that all data provided to the Seller are correct and true.
11.3. The Customer shall at any time update and/or change the data provided to the Seller in the specific section “Il mio account” (My account) accessible upon authentication.
12.1. Albeit the Seller adopts specific measures to protect Customer’s personal data in order to prevent their loss, falsification, incorrect processing and misuse by third parties and because of the characteristics and of the technical limitations related to the protection of electronic communications on the Internet, the Seller shall not guarantee that Customer’s personal data or data viewed by the Customer on the Website once logged in, cannot be accessed to or viewed by third unauthorized parties.
12.2. With regards to the data related to credit card payments, The Seller uses ICCREA services, that adopts technological systems capable of guaranteeing the utmost levels of reliability, safety, protection and confidentiality during the transmission of information through the Web.
- Customer service and claims
13.1. It is possible to ask for information, send communications and claims by contacting the customer service (“Customer service”) as follows:
- by email: firstname.lastname@example.org;
- by traditional mail: Beauty Project – Via dell’Industria,20 21019 Somma Lombardo (VA) c/o Servizio Clienti;
- through the Website, in the “Contattaci” (Contact-us) section.
13.2. The Seller shall answer to any claim by email o by traditional mail within 5 working days as of receipt of the request.
- Applicable law and competent court
14.1 The purchase agreement concluded on the Website is regulated by the Italian Law.
14.2. With regards to consumers that are not resident in Italy, the right to the application of any advantageous and/or binding regulation provided for by their Country of residence is reserved. The above specifically applies to the time limit for the right of withdrawal, for the return of the products, when applicable, and the related modalities and formalities to be fulfilled in communicating the above rights and as regards the legal warranty of compliance.
14.3. The competent court in charge of any dispute related to the implementation, execution and interpretation of these General terms and conditions of sale, shall be the one in which the Customer resides or that the Customer chose as its domicile.
- Alternative resolution of ADR/ODR disputes
15.1. According to art. 141-sexies, par. III of Italian Code on consumption, the Seller informs the Customer that acts as consumer pursuant to art. 3, par. 1, lett. a) of the Italian Code on consumption, that, despite the Customer filed a claim to the Seller without solving the dispute, the Seller shall provide all the information related to the Alternative Dispute Resolution bodies for the out-of-court resolution of disputes related to the obligations arisen from an agreement concluded based on these General terms and conditions of sale (the so called ADR bodies, as indicated in art. 141-bis and following ones on the Italian Code on consumption), by stating whether the Customer wants to use such bodies or not.
15.2. Moreover, the Seller shall inform the Customer that acts as a consumer according to art. 3, par. 1, lett. a) of the Code on consumption, that a European platform has been established in order to solve on-line consumer disputes (the so called ODR platform). The ODR platform can be consulted at the following address: http://ec.europa.eu/consumers/odr/; the ODR platform allows the consumer to consult the list of the ADR bodies, to find the link of each of them and begin the on-line resolution procedure of the dispute.
15.3. In any case, the right of the Customer to appeal the ordinary judge in charge of the dispute deriving from these General terms and conditions of sale is reserved, whatever the result of the out-of-court settlement procedure is, as well as the possibility, if applicable, to promote an out-of-court resolution of the dispute related to the consumption relations by recourse of the procedures set forth by Part V, Title II-bis of the Italian Code on consumption.
15.4. Customers residing in a European Union State other than Italy can also access the European procedure specifically established for minor disputes for any dispute related to the implementation and interpretation of these General terms and conditions of sale. Such procedure is regulated by Rule (EC) no. 861/2007 of the Council, of July, 11th 2007, provided that the value of the dispute does not exceed, excluding interests, fees and duties accrued, € 2,000.00. The text of the regulation can be accessed here: www.eur-lex.europa.eu.