Terms and conditions of use
1.1 These general terms and conditions (“Terms and Conditions of Use”) shall govern purchases made on the Website www.beautyconceptclub.com (“Website”), in accordance with the provisions of Part III, Title III, Article I, of the Consumer Code, Italian Legislative Decree 206/2005 as amended by Italian Legislative Decree 21/2014 and supplemented by Italian Legislative Decree 70/2003 concerning electronic trade.
Any and all purchases made via the said Internet site supplement a distance agreement (“Agreement”) under article 50 and following articles of Italian Legislative Decree n°. 206 of September 6, 2005 (“Consumer Code”). The subject matter of the Agreement is the sale of personal property between Beauty Concept S.r.l. (VAT n°. 08196150968), otherwise known as “BEAUTY CONCEPT SRL UNIPERSONALE” (a one-man company), with its registered office in VIA BERNARDINO TELESIO 19 - 20145 MILAN ("Beauty Concept") and the consumer ("Customer").
All the services available on the Website are only meant for consumers; by entering the Website and using the services available thereon, you declare that you are acting as a consumer in accordance with Italian Legislative Decree 206/2005.
The presentation of all the products and services via the Website means a request to offer, and the Agreement is entered into following the acceptance by Beauty Concept of the purchase proposal sent by the Customer solely via the Internet, on the Website www.beautyconceptclub.com, in accordance with the provisions contained in article 2 below.
Beauty Concept shall have the right to modify the services being offered and these Terms and Conditions of Use at any time, in accordance with current regulations, to update and change the service, at its discretion, or to comply with new law provisions; such modifications will be effective as from publication on the Website and will be applicable to such Agreements as may be executed later.
1.2 These Terms and Conditions of Use shall not govern the supply of services or sale of products by any subjects other than Beauty Concept accessible on the Website via links, banners or other hypertext connections. Before sending any orders to, and purchasing any products and services from, any subjects other than Beauty Concept, we recommend you should check their terms of sale, because Beauty Concept will not be responsible for the supply of services by third parties or for electronic commerce transactions between users of beautyconceptclub.com and third parties.
1.3 Beauty Concept is the owner of the Website, all the contents therein and such contents as made available through the Website, subject to the provisions of Article 1.2: the graphics, header, footer, logos, icons, images, files and, generally speaking, all the text and multimedia elements and contents of the Website are the sole property of Beauty Concept and are protected and safeguarded in accordance with Italian and international provisions concerning copyright, including data collections.
None of the contents of the Website may be used, extrapolated or extracted for any purpose without the prior written consent of Beauty Concept; this applies in particular to the use of automated or semi-automated methods for data mining operations or the storage of the contents of the Website on media, cloud systems, external servers or databases – for example, for private use.2. EXECUTION OF THE AGREEMENT
2.1 In order to execute a purchase agreement for one or more products on the website beautyconceptclub.com, the Customer shall fill in the order form in electronic format and email it to Beauty Concept, according to the instructions of the Website, through a series of screens, where the various steps of the procedure that must be followed by the Customer from time to time will be shown, so that the order placed by the Customer can be validated and passed.
Acceptance of these Terms and Conditions of Use shall be subject to the mere use of such services as offered on the Website, and not to written execution by the Customer. If you do not agree, in full or in part, with such provisions as referred to in these Terms and Conditions of Use, we ask that you do not send the order form for purchasing such products as referred to in this article and that you do not use such services as offered on the Website.
2.2. In particular, by emailing the order form, the Customer agrees unconditionally and without reservation that any Agreement that should be executed by the Customer and then accepted by Beauty Concept shall be governed in accordance with these Terms and Conditions of Use, as complied with by the Customer in relations with Beauty Concept: furthermore, the Customer hereby agrees that the execution and performance of the Agreement shall be governed in accordance with such provisions as referred to in the Terms and Conditions of Use, pursuant to current law provisions.
The Customer expressly undertakes to provide true, up-to-date, complete and correct data in relations with Beauty Concept, and, in particular, within such procedure as established to send order forms.
As all such services as used through the Website are solely and individually meant for the Consumer, as end user of the requested products, Beauty Concept may, at its sole discretion, stop – for justified reasons – the procedure for sending the order form or any other relationship in case of orders that should prove anomalous in terms of requested amounts of goods, frequency thereof, or that, for whatever other reason, are incompatible with the nature of consumer of the Customer, pursuant to Article 2.5.
Before you purchase any product by sending the order form, you will be specifically asked to read the Terms and Conditions of Use carefully, print a copy thereof through the print control and store or reproduce a copy thereof for your personal use. Furthermore, we will provide you with a résumé of such business and contract conditions as we propose for purchasing the products, including a reference to the Terms and Conditions of Use, and a résumé of the information on the key characteristics of each ordered product and the price thereof (inclusive of all applicable taxes and dues), such methods of payment as can be used to purchase each product, the methods of delivery of the purchased products, the shipping and delivery costs as well as the contact details below and the geographical and email addresses of Beauty Concept:
2.3 The Customer will also receive a résumé of the terms and conditions for exercising the withdrawal right under Article 8 as well as an information notice concerning the ways and times of return of the purchased goods following the sending of the Return Form pursuant to Article 8. Information will also be provided about such circumstances as will prevent the right to withdraw from the Agreement from being exercised.
2.4 The order form will be stored in our database for as long as required to deal with the orders and as established by the law. By accessing the section «my account», you can view the order you have placed and the progress thereof. After receiving the order form, Beauty Concept will process your purchase order; subject to the right to cancel your order pursuant to article 56 of Italian Legislative Decree n°. 206 of 2005, and adopted in Article 8 of the Terms of Conditions and Use, as effective from the date of delivery of the goods, after the purchase procedure has been completed correctly in accordance with this Article, the Customer may no longer modify or cancel the purchase order placed by sending the order form; the said purchase order will be dealt with by Beauty Concept within the next 30 days. The Agreement shall be deemed to be executed after the procedure for sending the order form has been completed – that is, when the Customer is emailed the receipt of the purchase order: in the event of failure of the Customer to receive the said email, the provision of the service by Beauty Concept through delivery of the ordered goods within 30 days of the completion of the procedure for sending the order form will cause the Agreement to be executed anyway. In the event of failure of Beauty Concept to send the receipt of the purchase order to the Customer within 30 days (of the completion of the procedure for sending the order form), or to provide the service within the said period, the Agreement may not be executed due to non-acceptance of the purchase proposal by Beauty Concept; therefore, each party may consider itself to be released from all obligations.
2.5 Beauty Concept shall have the right not to process any purchase order that should prove incomplete or incorrect, that has been placed by any Customers who should prove not to be adequately reliable, or in case the requested products should not be available: however, Beauty Concept may unilaterally stop the purchase procedure that is underway. In all these circumstances, Beauty Concept will inform the Customer via email that the Agreement cannot be executed and that the purchase proposal has not been accepted, specifying any reasons therefor. In the event that the products presented on the Website beautyconceptclub.com should no longer be available upon access to the Website or when sending the order form, Beauty Concept will inform the Customer promptly – and no later than 30 (thirty) days after the day following the sending of the order form by the Customer anyway – that the ordered products are unavailable. Beauty Concept will deliver the utmost attention to the publication of such information and data as are freely available on the Website and to the ongoing updating thereof; nevertheless, the descriptions of the products may contain some inaccuracies, errors or omissions: Beauty Concept shall promptly correct any inaccuracies or errors and fill such omissions as Beauty Concept may have learnt about. However, Beauty Concept shall not be deemed liable for any interruptions or delays in the provision of such services as made freely available to the users of the Website, nor for any inefficiencies that should result when the Customer sends any order form due to maintenance jobs, failures, technical or IT problems, or for any reasons beyond its reasonable control or as the result of third-party actions. Likewise, Beauty Concept shall not be deemed liable for temporary inability to access the Website due to any events beyond its control (including, without limitation, in case of network malfunctioning or failure, interruption of services ordered by Public Authorities or failure of reception equipment belonging to customers). However, following the acceptance of the purchase offer by Beauty Concept and sending of the purchase order receipt, in case of any stockouts or placement of orders exceeding the stock or in the event of any other unexpected technical or logistic problems, Beauty Concept may withdraw from the Agreement anyway, at no charge, provided that Beauty Concept promptly informs the Customer within 30 (thirty) days of the sending of the order form by the Customer. Beauty Concept expressly reserves the right to add or remove the products presented on the Website at any time, and to modify the presentation thereof at any time, with no obligation of prior notice to the Customer or visitors to, and users of, the Website. Beauty Concept shall not give any guarantee as to the stability of the products in time, the duration of any promotions and the permanence of the products and services offered on the Website.
2.6 In all such instances as provided in Article 2.5 and in case of non-acceptance or non-performance of any service by Beauty Concept under Article 2.4, in accordance with the above terms and conditions, in the event that the Customer who has sent the order form has already made the relevant payment, Beauty Concept shall refund, without undue delay, such amounts as may have been advanced and paid: generally speaking, all the payments made for any purchase offers that should not be finalized or that cannot be processed due to the unavailability of the products or other exceptional circumstances shall de duly and reasonably refunded by Beauty Concept, and credited to the Customer according to such procedures as implemented in case of withdrawal pursuant to Article 8.3. PRICES AND PRODUCT GUARANTEES
3.1 – The sale prices of the products presented on the Website of Beauty Concept are stated in Euros and are inclusive of VAT and any other tax. Delivery charges are not included in such prices as stated on the Website. Any additional costs are calculated on the cart page upon confirmation of the order and are duly and exhaustively summed up before the form is sent and before the payment is made. The prices of the products might be subject to change. The end sale prices should be checked before the order form is sent.
3.2 Only original first-rate products are available on the Website. These products are directly purchased by Beauty Concept from manufacturers, distributors and retailers accurately selected on the basis of their stringent quality tests. The essential characteristics of the products are presented on the Website beautyconceptclub.com within each product data sheet. Nevertheless, the images and colours of the products offered for sale on the Website may differ from their actual appearance due to the Internet browser or monitor used to view them or due to a change in the product packaging not published on the Website. Such guarantees of conformity and suitability as provided in article 128 and following articles of Italian Legislative Decree n°. 206 of September 6, 2005, will apply.
4. PURCHASE AND PAYMENT METHODS
4.1 As far as the payment of the products and the shipping expenses are concerned, the Customer may choose one of the following methods of payment, as specified in the order form on the Website: Credit card Prepaid credit card Paypal Bank transfer Payment upon collection from boutiques The actual payment will be made when Beauty Concept sends an order confirmation email or upon completion of the order form sending procedure. In case of delayed payment, legal interest will apply: Beauty Concept reserves the right to ask for advance payment, at its sole discretion.
4.2 In case of payment by credit card, financial information (e.g. the number of the credit/debit card and its expiry date) will be forwarded through cryptographic protocol, as per protocol of the International Circuit, Verified by Visa and MasterCard Secure Code, to the bank system of BCC Credito Cooperativo in charge of electronic remote payment, preventing any third parties from having access thereto in any way. Furthermore, such information will not be used by Beauty Concept for any purpose other than completing the procedures relating to your purchase and issuing reimbursements in case any products should be returned, following the exercise of your withdrawal right, or in the event that it should become necessary to prevent, or report to the police, any crimes.5. AVAILABILITY OF PRODUCTS
5.1 – Beauty Concept will accept orders from the Customer within the limits of the requested products in stock. Therefore, acceptance by Beauty Concept of the purchase proposal sent by the Customer will be subject to the availability of the products. Beauty Concept shall promptly inform the Customer about any unexpected stockouts due to excess demand or any other causes, as specifically provided in Article 2.5.6. GUARANTEES AND ASSISTANCE
6.1 – As far as the products purchased by the Customer are concerned, Beauty Concept shall comply with current provisions on commercial guarantees and assistance relating to the sale of consumer goods, as referred to in article 128 and following articles of Italian Legislative Decree n°. 206 of September 6, 2005.
6.2 – However, upon delivery of the products ordered on the Website, it is up to the Customer, or any consignee, to immediately check that the shipped goods are compliant and intact, and that the packaging is whole: in particular, such consignee as stated in the order form shall check that the packaging is undamaged, and is neither wet nor altered in any way, including sealing materials. Generally speaking, any reservations or comments made upon delivery shall be duly reported in the delivery note, so that any damage that has not been caused by the Customer can be accurately described with reference to the exact order number.7. OBLIGATIONS OF CUSTOMER
7.1 – As specifically regards the sending of order forms and the making of purchases via the Website, the Customer represents and warrants: (i) that the Customer is a consumer in accordance with the provisions contained in article 3 of the Consumer Code; (ii) that the Customer is of age; (iii) that the data provided by the Customer for the purposes of the performance of the Agreement are correct and true.8. WITHDRAWAL RIGHT pursuant to Italian Legislative Decree 206/2005
8.1 – The Customer may withdraw from the executed Agreement, without incurring any penalties, and without specifying the reason therefor, within 14 days after the date of execution of the Agreement, or after the date of receipt of the products. The Customer may exercise the withdrawal right within the said period by filling in the Return Form available on the Website, or sending an email to email@example.com, or by sending a registered letter with return receipt to the headquarters of Beauty Concept, providing its personal data, the number of the order, its phone number, a description of the product(s) to return, and any banking details for the purpose of reimbursement.
8.2 – Any Customer who intends to avail itself of the withdrawal right shall return the products within 14 days of the valid exercise of the withdrawal right, as duly notified for in accordance with this Article and pursuant to Article 54 and following articles of the Consumer Code, sending or delivering them to the following address:
Beauty Concept Srl
Via Vittorio Emanuele II, 28
Phone number: +39 375 5881253
Under Article 55, paragraph 2, of the Consumer Code, and subject to the legal guarantees of conformity, fitness and flawlessness pursuant to the law, the Customer may not exercise the withdrawal right under the following circumstances: - the Customer may not exercise the withdrawal right on one part of the purchased product, since the right is applicable to the entire purchased product, which shall be undamaged and NOT open, and may only be returned in the original complete packaging (including any documentation and additional material: manuals etc.); - likewise, the withdrawal right may not be exercised in case of any products for personal use, cosmetics or beauty products that have already been opened and used, whether in full or in part, as these cannot be resold for sanitary reasons; - finally, the withdrawal right may not be exercised in case of nonintact and/or damaged products.
8.3 – The expenses for returning the products shall be borne by the Customer, who shall be liable for the loss, destruction or deterioration of the goods consigned to such carrier or shipping agent as designated by the Customer until the goods are delivered to Beauty Concept at the above address. The Customer shall arrange for shipment through its courier, with return receipt requested, to ensure that the parcel is actually delivered. Within 14 days after the date of receipt of the products from the Customer, Beauty Concept shall return: (I) the entire price paid by the Customer in case of return of a complete product in working order; or (II) the part of the price corresponding to the product actually returned by any Customer who has consumed the product to a significant extent and/or to such an extent as to have significantly diminished its value. Money will be returned by credit card and/or bank transfer: Beauty Concept will make the refund by using the same method of payment as used by the Customer to purchase the returned products, unless the Customer has expressly agreed with Beauty Concept to use a different method of payment, and provided that the Customer does not bear any additional costs as a result of reimbursement. In the event that such consignee of the products as stated in the order form does not match the payer of the amounts due to purchase the products, if the withdrawal right should be exercised, Beauty Concept will return the amounts to the payer.9. GOVERNING LAW
9.1 – The Agreement and any and all relations with Beauty Concept shall be governed by and construed in accordance with current Italian laws, and in particular with Italian Legislative Decree n°. 206 of September 6, 2005 (so-called “Consumer Code”), Article I “Rights of consumers in agreements”, with specific reference to provisions concerning distance agreements, and with Italian Legislative Decree n°. 70 of April 9, 2003, governing electronic commerce. Under Article 66-bis of Italian Legislative Decree n°. 206 of September 6, 2005 (so-called “Consumer Code”), all civil disputes arising out of or relating to the implementation of Sections I to IV of this Article, shall be settled by the Judge of the place of residence or domicile of the consumer, provided that such place of residence or domicile is in the Italian territory. In the event that the Customer should not be resident or domiciled in Italy, any civil disputes shall be settled by the Judge of the Court of Milan, where Beauty Concept Srl has its registered office.
9.2 FORCE MAJEURE Beauty Concept shall not be liable for any delay in, or failure of, delivery from causes beyond its reasonable control or fortuitous events, and may terminate the Agreement in full or in part, or interrupt or postpone the performance thereof.10. MODIFICATION
These Terms and Conditions of Use will be modified from time to time – for example, in the light of any changes in the provisions. The new Terms and Conditions will be effective as from the date of publication on the Website “BEAUTYCONCEPTCLUB.COM”.11. HOW TO CONTACT Beauty Concept
Call us at +39 375 5881253; our operators will help you deal with any problem and provide you with any information you may need. If you have any questions, comments or suggestions, you can also email us at firstname.lastname@example.org