General Terms of Sale
General Terms of Sale (CGV, Condizioni Generali di Vendita) for purchases made online on the web-site www.ischiasorgentedibellezza.it.
The Company Ischia Sorgente di Bellezza S.R.L. (hereinafter referred to as “ISB”), with headquarters in Barano d'Ischia at the address via Bosco dei Conti, 60, 80070 Naples (Italy), VAT Registration Number 07679971213, registered in the Economic and Administrative Index (REA) of Naples with the number NA-902013, telephone number: +39-.081-5070010, e-mail address: email@example.com, encourages the users to review these General Terms of Sale (hereinafter referred to as “CGV”) governing the agreement for the purchase of products and the processing of orders placed on this web-site.
The CGV applied to the sale of products are those published on this web-site on the day in which the specific product was ordered. Therefore, before each purchase, the customer is required to read and accept beforehand the CGV.
The mere tolerance or the uncontested claim by ISB of any non-compliance of the customer, with regard to the contents of the CGV, cannot be construed as implied acceptance of such non-compliance nor can be construed as a wish to waive the terms agreed upon between the parts.
1. Terms of the Agreement and Delivery of the Products
1.1 Every order placed on the web-side www.ischiasorgentedibellezza.it implies the acceptance of the terms of the agreement for the sale of goods drawn up in Italian.When clicking on the “Acquista” (“Buy”) button, the customer places an order which is binding with regard to the objects contained in the so called “Virtual Cart”.After placing the order, the ISB will send the customer, within 24 hours, a confirmation of the order by e-mail.The agreement for the sale of goods, between ISB and the customer, is considered terminated when the customer receives the confirmation.If the customer does not receive the confirmation of the order within the times specified in this Article, the order should be regarded as rejected by ISB and, therefore, should be regarded as without effect.
1.2 The customer is solely responsible for the truthfulness and correctness of the information forwarded to ISB and requested by ISB on this web-site, and the customer agrees to communicate promptly any variation of the data provided.
1.3 When placing the purchase order, the customer states the following:
b) that he/she is an individual of age and that he/she has the legal capacity to act.
1.4 Following the purchase procedure on the web-site, the customer accepts to save and print an electronic copy of the agreement and of the CGV with the intent of keeping records of the transaction.
1.5 Notwithstanding the term specified below in section 1.8, ISB agrees to hand over the products kept in its site to the carrier in charge of shipping the goods at the address specified by the customer in the purchase order.
1.6 ISB will not be liable in case of delivery errors due to purchase order wrongly and/or incompletely filled out by the customer; nor ISB will be liable in case of damages to the goods after they have been delivered to the carrier in charge of shipping the merchandise; nor ISB will be liable in case of delayed delivery to the customer due to the carrier’s problems or due to logistical problems incurred by ISB.
1.7 ISB ships the goods all over Italy, also to the islands. Should the customer place an order on our web-site from a foreign country, the customer will have the choice of providing a delivery address in Italy or of requesting directly the shipment of the goods to an address outside of Italy (if provided for in the shipment terms) and the customer will have to accept the costs associated to the shipment.
Deliveries to mailboxes are not allowed.
1.8 In case of failure to process the purchase order by ISB due to unavailability of the products requested, even in case of temporary unavailability, ISB, within 2 days from the receipt of the order, will communicate to the customer, by e-mail, the cancellation of the order and will refund the customer, without extra charges, as soon as the customer’s banking details have been received by ISB, for any amount already paid by the customer for the purchase of the unavailable goods. In case of multiple orders or of products sold together, the unavailability of one or more products already ordered will not grant the customer the right to cancel the entire order.
2. Prices, Shipping Costs and Express Delivery
2.1 The customer is expected to pay the price published on the web-page for the product at the time of the shipment of the order. The price specified on the page includes the VAT tax.
2.2 The goods purchased should be regarded as free of shipping costs which will be paid by ISB if the total amount of the purchase order is over € 50,00. Should the amount of the purchase be less than € 50,00, the shipping costs will be charged to the customer and will be specified and added in the virtual cart at the time of the purchase.
2.3 According to the agreements made with the carrier in charge of transportation, who will arrange the shipment of the merchandise ordered, ISB will be able to offer different types of delivery and the customer will have the opportunity to choose, upon confirmation of the order, the selected type of delivery, and will be required to accept expressly the terms specified in this web-site (insert a table/notice with the different Carriers, the various shipment choices,the times and the costs).
2.4 The express delivery, if provided by the carrier, is available only for a few products.When placing the order, the customer will be able to view the option of express shipment (if available) and the additional costs associated to such shipment.With this option the merchandise should be delivered in … working days.If the merchandise is not received by such date, the customer will be refunded only for the additional shipping costs incurred.
3.1 ISB accepts different forms of payment, including the following:credit card, wire-transfer, PayPal, and cash at the time of delivery.ISB reserves the right to refuse certain methods of payment and to request different forms of payment for specific orders.We expressly specify that ISB will accept only payments from bank accounts held in the European Union and that the customer is responsible for all costs associated to the bank transaction.
3.2 If the payment is made with a credit card, the card will be charged at the time of shipment of the order, and the customer agrees that, upon ISB’s request, a copy of an identity card, which shows the ownership of the credit card used, will have to be forwarded to ISB and that, in default of such production of the document, ISB will be entitled to refuse the payment and to cancel the order.
3.3 The buyer accepts to receive the invoices also in electronic format.
4.1 ISB can decide to develop, at specific times, promotional campaigns aimed at promoting the registration of new users of its service.
ISB reserves the right to interpret the conditions of application of all promotions, to extend the promotions upon notice sent in compliance with due modes and times, or to decide to exclude any participant to the promotions, should ISB notice anomalies, abuses or unethical behaviours associated to such participant.
4.2 ISB will be entitled to issue promotional vouchers for the purchase of products; such vouchers won’t be available for sale but only offered by ISB within the promotional campaigns, and will be valid only for a limited period of time.
4.3 Any promotional voucher will be have to be used only once in connection with a single order and within the specified period of time. It is also possible that the purchase of specific products with the promotional vouchers won’t be allowed. It is also possible that the use of the promotional voucher will require the purchase of merchandise for a minimum amount.
4.4 The value of the purchased products should be equivalent or higher than the value of the promotional voucher. If the amount of the promotional voucher does not cover the value of the products ordered, the remaining balance will have to be paid by means of one of the payment methods specified above in Article 3. The promotional vouchers cannot be redeemed for money and the credit granted by the promotional voucher does not accrue interest.If the buyer decides to return in part or in full the products ordered, the promotional vouchers cannot be refunded.
4.5 The promotional voucher can be used only if the order is finalized, cannot be used retroactively and cannot be transferred to third parties.Notwithstanding alternate provisions issued by ISB, it is not possible to combine several promotional vouchers for the same order.
4.6 If the customer has used a promotional voucher for the order and if the total value of the order, following the customer’s withdrawal, is lower than the value of the promotional voucher, ISB reserves beforehand the right to charge the original price for the merchandise that remains in possession of the customer.
5. Right of Withdrawal
5.1 The customer has the right to withdraw from the purchase agreement, without explaining the reason, within 14 days. The withdrawal time expires after 14 days, from the day in which the customer or a third party designated by the customer (who is not the carrier) takes possession of the last asset ordered. In case of agreement pertaining several assets ordered by the customer in only one order and delivered separately, the 14 days term starts on the day in which the customer or the third party (who is not the carrier) takes possession of the last asset ordered.
5.2 In order to exercise the right of withdrawal, it is necessary to communicate to ISB the decision to withdraw from a certain agreement and to specify the details of the order (number, date of the order, etc.).
The customer who intends to exercise the right of withdrawal is required to send a communication to ISCHIA SORGENTE DI BELLEZZA S.R.L., Via Bosco dei Conti, 60, 80070 Naples (Italy), or to send a fax to the following number: 081/5070010, or to send an e-mail to firstname.lastname@example.org, or to send an express notice stating the intention to withdraw (e.g., with a letter sent by mail, fax or e-mail).
5.3 The customer can also send an explicit statement directly on this web-site (if a link to request the withdrawal is available on the page).If the customer chooses to withdraw using the company’s web-site, ISB will promptly reply with a confirmation of receipt by means of a durable medium (like an e-mail message).The time prescribed for the withdrawal is considered observed if the customer sends his/her statement before the expiration of the term of 14 days from the day in which the customer or a third party designated by the customer (who is not the carrier) takes possession of the last asset ordered.In case of agreement pertaining several assets ordered by the customer in only one order and delivered separately, the 14 days term starts on the day in which the customer or the third party (who is not the carrier) takes possession of the last asset ordered.
6. Effects of the Withdrawal
6.1 Upon withdrawal from this agreement and upon request of the customer, ISB will replace the merchandise returned with merchandise of equivalent value, unless a balance is due by the customer, or ISB will refund all the payments made by the buyer, including the shipping costs (with the exception of additional costs due to the choice of a method of delivery which differs from the standard method offered by ISB, and with the exception of additional costs due for the return of the product, if required), without undue delay and, in all cases, no later than 14 days from the day in which ISB receives the communication of the customer’s decision to exercise the right of withdrawal. These refunds will be processed using the same payment method chosen by the customer at the time of purchase, unless otherwise set forth. The payment of the refund can be suspended until the products returned have been received or until the customer is able to prove that the shipment of such goods has occurred, if the shipment has already taken place.
The customer is required to return or hand over the products without unnecessary delay and, in all cases, within 14 days from the day on which the customer has communicated his intention to withdraw from the agreement for the sale of goods.
6.2 The Products should be returned:
- properly packed in their original container, undamaged nor broken nor dirty, and along with all the additional accessories, instructions for use, and documentation;
- equipped with the invoice/receipt and with the shipping documentation (which should be included in the original package), in order to allow ISB to identify the customer, order number, name, last name, and address;
- without signs that the merchandise has been used, with the exception of the necessary testing of the product (that is, there should be no signs that the product has been used for a long period of time or that it has been used beyond the period of testing, so that the product can be sold again).
If the returned items, pursuant to the exam of the products which will be performed by ISB at the time of return of the merchandise, do not comply with the requirements specified in these clauses, the return won’t be valid. In such case, the merchandise won't be considered returned for credit and will remain on the premises at ISB and therefore available for the customer. Specifically, the customer will be able to decide if to pickup personally the merchandise or if to retain, at his/her own expenses, a Carrier for the pick up and shipment of the goods.
6.3 In case of withdrawal, the costs associated to the return of the products, unless otherwise specified, will be charged to the customer, who will have to follow the Carrier’s instructions (….., toll free number…..) for the execution of the return, and, therefore, the customer will be responsible of any decrease in the value of the merchandise due to the handling of the goods performed in a manner which differs from the nature, the characteristics, and the operation of the goods in question.
7. Standard Withdrawal Form (we should decide if to post it in the web-site!!!!)
7.1 The customer will be entitled to exercise his/her right of withdrawal from a specific purchase agreement, according to the terms previously specified in Article 5, also by means of filling out and sending the standard withdrawal form which can be downloaded from this web-site.
The withdrawal form, properly filled out and signed, should be sent to:
ISCHIA SORGENTE DI BELLEZZA S.R.L., via Bosco dei Conti, n. 60, 80125 Barano d'Ischia (Na) (Italy)
7.2 Without prejudice to the customer’s ability to exercise his/her right to withdraw through a notice sent to ISB in which he/she clearly states his/her intention to withdraw from the agreement or through submission of the standard form specified above, the customer can also use the following standard text:
“The undersigned …… hereby notifies the withdrawal from the agreement made for the purchase of the following goods/services:
— order number ……….. of ………….., received on …..;
— name of the buyer;
— address of the buyer;
8.1 The invoices/receipt and the related transportation documents can be issued by ISB both in paper form (directly inserted in the container of the merchandise) or in electronic form.
8.2 The refunds will be credited directly on the account or on the method of payment used at the time of purchase. If the payment has been made via wire-transfer, the refund will be credited on the account used for the payment. If the payment has been made via PayPal or credit card, the refund will be credited on the PayPal account or on the credit card. If the payment has been made in cash at the time of delivery, the refund will be credited on the current account specified by the customer to ISB.
9. Use of the Web-Site
9.1 The description and display of the products and the images shown on the web-site correspond to the material made available to ISB by its suppliers.The additional pictures and videos of the products, which are supplied along with the descriptive information, are shown on the web-site merely as a general guide, also because the quality of the images (e.g., the exact display of the colours) can depend on the electronic programs and tools used by the customer when he/she connects to the web-site.
9.2 ISB shall have no liability in relation to the problems caused to the customer by the use of the web-site or the problems due to the technologies implemented; in fact, these problems are not wilfully caused by ISB, like in the case of events like the following:
a) errors, delays or customer’s inability to access the web-site at the time of the execution of the sale procedure;
b) errors, delays or customer’s inability to receive the communications sent by ISB in regard to the sale of the products.
In all cases, ISB is committed, as best as possible, to solve all problems that might be occurring and to provide to the client the assistance necessary to find a rapid and satisfactory solution to such problems.
10. Customer Service
Customers can contact ISB’s Customer Service in the following ways: by phone - telephone number: 081/5070010, by e-mail - e-mail address: email@example.com
Monday to Friday, from 8:00 to 20:00
Saturday from 9:00 to 18:00
10. Warranty against Products’ Defects and Deviations and Additional Information
10.1 The regulations of the Consumer Code pertaining the warranty against products’ defects and deviations apply to all purchases made on this web-site. Therefore, the customer is entitled to all rights specified in Article 130 of the Consumer Code, and such rights should be exercised in compliance with the terms listed in Article 130 of the Consumer Code.
10.3 It is also possible to store the details of the order and to download the CGV using the associated browser command available when the summary of the order is displayed. This summary appears in the last screen of the purchase procedure, that is, just before receiving the automated order confirmation message that ISB sends via e-mail when the order has been processed. The confirmation message contains all the details of the order and can be easily printed or saved using the features available in the customer’s e-mail server.
11. Termination Clause
11.1 The purchase agreement will be automatically terminated, pursuant to and in accordance with Article 1456 of the Civil Code, in case of the customer’s failure to comply with even one of his/her obligations undertaken at the time of acceptance of these CGV. The agreement’s termination will legally occur when ISB states its intention to rely upon this express termination clause.
12. Governing Law
12.1 These CGV and the agreements for the sale of goods are governed by the Italian law (and specifically by the Consumer Code - which, with articles 46-67, governs the agreements made remotely - and by Legislative Decree number 70 of 09/04/2003, on the matter of e-commerce) and must be interpreted according to such laws.12.2 Should a dispute arise in regard to the CGV and/or to agreements for the sale of goods, the customers will be entitled to initiate non judicial proceedings, for the resolution of the disputes; such judicial proceedings shall be in accordance with the provisions specified in Article 141 and following articles of the Consumer Code.If the Customer decides to initiate the proceedings described above, ISB warrants its participation to an attempt to reach the friendly settlement which the user shall be entitled to promote before the Chamber of Commerce of Naples.
13. Personal Data Protection
13.1 ISB undertakes to ensure the customer that the personal data acquired at the time of the sale of products will always be handled legally, properly, and in full compliance with the provisions specified in the Legislative Decree of 30th June 2003, number 196.
Ischia Sorgente di Bellezza S.R.L.
Headquarters: Barano d'Ischia, Via Bosco dei Conti, 60, 80070 Naples (Italy)