ARTICLE 1: GENERAL STIPULATIONS
These General Conditions of Sale (hereinafter “GCS”) are concluded between the company ILAIRE ITALIAN COSMETICS SRL with capital of € 10,000 and registered office in Via Brescia, 7 – 25081 Bedizzole (BS), Italy – VAT / CF 04212220984 – (hereinafter “ILAIRE”) and any person wishing to make a purchase (hereinafter referred to as the “Customer”) through the website https://www.ilaire.com/ (hereinafter referred to as the “Site”).
ILAIRE and the Customer will hereinafter be referred to together as the “Parties”.
These general conditions constitute a distance sales contract, which defines the rights and obligations of ILAIRE and the Customer in relation to the sale of the products referred to on the Site (hereinafter referred to as the “Products”).
Customers are exclusively consumers, defined as natural persons acting for purposes outside their commercial, industrial, craft, liberal or agricultural activity.
I clienti professionali devono contattare l’ufficio commerciale ILAIRE per trarne vantaggio separate condizioni contrattuali, alle seguenti coordinate:
indirizzo e-mail: firstname.lastname@example.org
Il fatto di effettuare un ordine tramite il Sito implica la piena e incondizionata accettazione delle presenti condizioni generali, ad esclusione di tutti gli altri documenti quali prospetti, cataloghi promozionali, descrizione dei Prodotti rilasciati da ILAIRE che sono puramente indicativi. A tal proposito, la convalida dell’ordine conferma la piena e completa accettazione delle presenti CGV da parte del Cliente.
Le presenti CGV possono essere modificate in qualsiasi momento e senza preavviso da ILAIRE, le modifiche saranno quindi applicabili a tutti gli ordini successivi a tale modifica. ILAIRE può essere tenuta a modificare occasionalmente alcune clausole delle sue condizioni generali di vendita, per cui si consiglia al
Cliente che queste vengano sistematicamente rilette prima di ogni convalida dell’ordine. In ogni caso, le CGV sono quelle applicabili il giorno in cui l’ordine viene effettuato dal Cliente.
Il fatto che una delle Parti non si avvalga in un dato momento di una di queste condizioni non può essere interpretato come una rinuncia a qualsiasi utilizzo successivo di una qualsiasi delle suddette condizioni.
L’annullamento di una clausola delle presenti condizioni generali non pregiudica la validità delle condizioni generali nel loro insieme.
Le presenti CGV sono integrate dalle Condizioni Generali d’Uso del Sito e dall’Informativa sulla Privacy di ILAIRE.
Le presenti condizioni generali riguardano esclusivamente gli acquisti effettuati da Clienti situati all’interno della Comunità Europea e consegnati esclusivamente in questo territorio. ILAIRE si riserva il diritto di rifiutare qualsiasi ordine il cui indirizzo di consegna non si trovi nel suddetto territorio.
For any question or complaint relating in particular to the Products, your order, the right of withdrawal, the possible application of the Product or Site warranty, the Customer can contact ILAIRE at the following coordinates:
By mail to the attention of Ilaria P., ILAIRE ITALIAN COSMETICS SRL, Via Brescia, 7 –
25081 Bedizzole (BS), Italy
By e-mail: email@example.com
ARTICLE 2: THE SITE
All the content of the Site or any advertising documentation (illustrations, texts, formulations, trademarks, images, videos) is the property of ILAIRE or is used with the authorization of the holders of the rights involved. Any total or partial reproduction, as well as the creation of hypertext links, are prohibited, unless ILAIRE gives its express and prior authorization.
ARTICLE 3: PRODUCTS
3.1 PRESENTATION OF THE PRODUCT
The presentation of the Products offered by ILAIRE on the Site allows the Customer to know the essential characteristics of the Product he wishes to order.
ILAIRE takes the utmost care in uploading information relating to features
of the Products, in particular through technical descriptions and / or illustrative photographs of the products.
In any case, ILAIRE cannot be held responsible for any errors in the description of the characteristics of the Product purchased, except in the case in which the essential characteristics of the Product are altered.
The photographs, illustrations and texts that appear on the Site are not contractual elements.
3.2 ADVICE PROVIDED ON THE SITE
ILAIRE can provide advice and information on the Site, in particular regarding the use of Products. As such, it should be noted that this information is of a general nature and is provided as an indication only.
In any case, ILAIRE invites the Customer to carefully read the instructions supplied with the Product.
Furthermore, the advice and information on the Site do not in any way constitute a personalized analysis of the Customer’s needs but are established only on the basis of statistics and representative panels. In no case, however, are they intended to replace a medical prescription.
3.3 AVAILABILITY OF PRODUCTS
The Products are offered for sale within the limits of available stocks and production possibilities.
The availability of the products refers to the moment in which the Customer consults the product data sheets; this must in any case be considered purely indicative because, due to the simultaneous presence on the Site of multiple users, the products could be sold to others before the order is confirmed. In any case, ILAIRE cannot be responsible for the unavailability of one or more products.
In the event that one of the Products ordered is not available during the preparation of the Order, ILAIRE undertakes to promptly contact the customer by written communication or by e-mail in order to indicate within what period of time this Product can be delivered, if available. In this case, the Customer can decide whether to accept the delivery of only the products available, obtaining a refund for those unavailable, or to request the cancellation of the order, with consequent reimbursement of any amounts already paid, communicating it via e-mail to ILAIRE. .
ARTICLE 4: ORDERS
The Customer declares to have the ability to conclude this contract, or to be of legal age and not to be under guardianship or curatorship.
The Customer will place an order according to the instructions provided to him on the Site.
The information that the Customer provides to ILAIRE during an order and / or in its registration form must be complete, accurate and up to date. In any case, the Customer is responsible for the information entered through his registration form and when placing the order. In the event of an error (name, address, etc.), ILAIRE cannot be held responsible for any shortcomings or delays caused in the delivery of the Products.
The Customer’s order will be final only after payment of the corresponding price, specified below in article 5 of this document. In other words, the payment by the Customer definitively formalizes the distance sales contract concluded with ILAIRE.
Once the order has been paid or, at the latest, at the time of its processing, the Customer will receive an order confirmation by e-mail.
The order summary must be kept, because it constitutes proof of the Customer’s order and the binding contract for the parties.
ILAIRE reserves the right not to accept an order for a legitimate reason such as in particular:
problems related to understanding the order received
foreseeable delivery problems
anomalies in the quantities ordered with respect to the normal needs of a consumer.
In this regard, ILAIRE will inform the Customer via e-mail as soon as possible in order to
validate or not the acceptance of the order.
ARTICLE 5: PRICES AND PAYMENTS
The Products are billed based on the current price indicated on the Site on the day of sale. The prices are indicated in euros and include all taxes in force at the time of invoicing.
The prices indicated do not include any delivery costs of the Products which are invoiced in addition and clearly indicated to the Customer before the validation of his order.
These costs are determined based on the terms of transport, the amount of the order and the destination.
The total price of the order is in any case indicated at the end of the online order, before its validation, and corresponds to the price of the Products including VAT to which any transport price is added.
ILAIRE reserves in any case the right to change its sale prices at any time. However, no changes subsequent to the taking of the order can be applied by ILAIRE. The rate applicable to the Products ordered is that which appears on the Site on the day of the order.
5.1 The accepted payment methods are:
a) PayPal or credit card: you can pay through PayPal using major credit cards, including Visa and MasterCard, or using your PayPal account. PayPal complies with the highest security standards on the market and has anti-fraud technologies that protect every transaction. If the CUSTOMER already has a PayPal account and decides to buy in this way, after sending the order he will be directed to the PayPal checkout page (secure and SSL protected transaction) where he will just need to enter his login credentials chosen in phase PayPal registration.
If the CUSTOMER does not have a PayPal account, he can still pay with his credit card by clicking on PAY WITH CARD, once he has arrived on the PayPal page. The system communicates directly with PayPal in total security, therefore ILAIRE never becomes aware of the data relating to the CUSTOMER’s payment method. The amount paid will be charged directly to the credit or prepaid card chosen by the CUSTOMER or associated with the PayPal account. For each transaction, the CUSTOMER will receive a confirmation e-mail from PayPal. The amount of the order will be charged to the CUSTOMER’s PayPal account at the time the order is acquired. Payment with PayPal or Credit Card speeds up the delivery times of the order, because the transaction is verified instantly and the order immediately goes to the “In process” status to be processed.
b) Advance bank transfer; it is possible to pay by making the payment of the total amount to the current account indicated at the time of the order and specifying as the reason “BALANCE ORDER NR” followed by your order number, which is communicated to the Customer on the Site once the purchase procedure is completed . With this method of payment, the order will be processed only after the actual crediting of the bank transfer to the current account indicated. Orders will be canceled if no credit is received within seven working days from the order date. ILAIRE does not accept CROs and payment slips to guarantee the bank transfer. The order will remain in the “Pending payment” or “Pending” status until the ILAIRE systems notify the accountant of the bank transfer.
5.3 ILAIRE reserves the right to offer selected Clients customized payment options and terms.
5.4 The Customer does not have the right to use a specific means of payment not provided for in these GCS unless agreed and accepted by ILAIRE.
ARTICLE 6: PROMOTIONAL OPERATIONS / SAMPLES
ILAIRE may need to set up promotions, occasional promotional operations in the form of a “promotional code”, etc. (hereinafter “Offer / s”) relating to the Products and accessible through the Site.
When the Customer participates in an Offer, the latter is informed that the general conditions in force at that time are applied, together with the specific conditions relating to the proposed offer.
Furthermore, ILAIRE reserves the right to offer the Customer the purchase of sample Products; the nature and quantity of the samples thus proposed is determined by ILAIRE.
In any case, the supply of samples can be suspended at any time by ILAIRE.
ARTICLE 7: DELIVERY / RECEPTION
7.1 DELIVERY TIMES
The delivery times of the products are indicative, unless expressly communicated in writing by ILAIRE.
In case of foreseeable delay in delivery, ILAIRE will inform the Customer as soon as possible by e-mail and will provide him with an estimate of the additional delivery times.
Unless otherwise indicated, ILAIRE undertakes to deliver to the Customer within a period that can vary between four (4) and seven (7) working days (depending in particular on the delivery method chosen by the Customer and the time of receipt of the order) except in exceptional circumstances and in any case within a maximum period of thirty (30) days from the conclusion of the contract.
ILAIRE cannot be held responsible for any delay or failure to receive due to a case of force majeure or the Customer’s fault, such as the absence of the latter at the time of delivery or failure to collect the Products in case of dispatch to a point of delivery.
In the absence of delivery within the deadline expressly agreed, or, failing that, within and no later than thirty (30) days after the conclusion of the contract, the Customer can put ILAIRE in default, by registered letter with acknowledgment of receipt, to proceed with the delivery. within a reasonable further time. In the absence of execution by ILAIRE within this new period, the Customer may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by ILAIRE of this letter, unless ILAIRE has in the meantime fulfilled its obligations.
7.2 SENDING AND RECEIVING PRODUCTS
The deliveries of the products take place only in the territory of the European Community.
The Products ordered by the Customer will be delivered to the address indicated by the Customer at the time of the order.
ILAIRE cannot under any circumstances be held responsible for any delays and / or
non-delivery due to a false or incorrect address or to which delivery would be impossible.
The Customer is required to personally guarantee the receipt of the ordered Products and undertakes to sign, where applicable, the carrier’s delivery note.
In case of unsuccessful delivery (absence of the customer during delivery, impossibility of delivery of the package, etc.), the package can be delivered to a post office or to a carrier’s office. It will therefore be up to the Customer to collect his order following the recommendations indicated by the carrier and / or ILAIRE.
It is the Customer’s responsibility to check the condition of the Products and their quantity upon receipt. In case of delivery by the carrier, this verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.
It is the Customer’s responsibility in the event of a dispute, deterioration of the Product during transport, damage or lack of products inside the package, to immediately make a complaint to the carrier in writing and to ILAIRE customer service at the e-mail address orders @ ilaire.com, to allow ILAIRE to retaliate against the carrier if necessary.
In any case, complaints about apparent defects or non-conformities of the Product must be made to ILAIRE under the conditions set out in article 10 of these GCS.
ARTICLE 8: RIGHT OF WITHDRAWAL
8.1 RIGHT OF WITHDRAWAL
The customer has the right to withdraw from the Contract of Sale, without indicating the reasons, within 14 days, unless it concerns the supply of goods (a) made to measure or clearly personalized, (b) which are likely to deteriorate or expire rapidly or (c) sealed which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
The withdrawal period expires after 14 days from the day on which (a) The Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the goods, or (b), in the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, in which the Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the last good.
To exercise the right of withdrawal, the Customer is required to inform ILAIRE (see contact details in the Legal Information) of his decision to withdraw from the Sales Contract by means of an explicit declaration (for example a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
8.2 EFFECTS OF WITHDRAWAL
If the Customer withdraws from the Sales Contract, he will be reimbursed for all payments he has made to ILAIRE, including delivery costs (with the exception of additional costs deriving from his possible choice of a type of delivery other than the least expensive type of delivery. standard offered by us), without undue delay and in any case no later than 14 days from the day on which ILAIRE was informed of its decision to withdraw from the Contract of Sale. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not have to incur any costs as a consequence of this refund. The refund may be suspended until receipt of the goods or until the Customer demonstrates that he has returned the goods.
The Customer is requested to return the goods or deliver them to ILAIRE without undue delay and in any case within 14 days from the day on which he communicated the withdrawal from this contract. The deadline is met if the Customer sends back the goods before the expiry of the 14 day period.
8.3 RETURN OF PRODUCTS AND CUSTOMER LIABILITY
In this context, the Customer must return the Product (s) at his own expense, within fourteen (14) days from the date of communication of his decision to withdraw, in their original packaging, unused and in perfect condition, without
no trace or sign, with labels, all accessories and any gifts offered to the address: ILAIRE ITALIAN COSMETICS SRL, Via Brescia, 7 – 25081 Bedizzole (BS), Italy.
The Customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
If the right of withdrawal is exercised, ILAIRE will not be responsible for the transport costs for the return or for any loss or damage to the products attributable to third parties.
8.3 IMPOSSIBILITY TO EXERCISE THE RIGHT OF WITHDRAWAL
In this regard, please note that the Products sold through the Site are creams and face treatments and are therefore subject to specific hygiene rules. Consequently, once the Products have been opened, the Customer is informed that he will no longer be able to exercise the right of withdrawal; a Product is considered open when the package containing it is open.
ARTICLE 9: OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to communicate to ILAIRE all the elements necessary for the correct execution of the order. In this regard, the Customer remains responsible for the content and accuracy of the information that he himself transmits to ILAIRE.
Orders must be for personal use.
Products for any commercial use are prohibited unless authorized by ILAIRE.
The choice and use of the Products takes place under the sole responsibility of the Customer. In this regard, ILAIRE draws the Customer’s attention to the need to check in advance the composition of the Products in order to avoid allergic reactions.
The Customer must read the instructions and precautions for the use of the Products specified in the leaflet supplied with the latter, before any use. As such, the Customer must in particular respect the terms for the use of Products after opening.
The Customer is required to ensure that the Products are kept in good condition, to comply with the storage instructions and to use in accordance with the intended purpose, in particular by respecting the recommendations provided by ILAIRE, in particular in the instructions supplied with the Products.
ARTICLE 10: LEGAL GUARANTEE OF CONFORMITY FOR THE GOODS
10.1 ILAIRE has the obligation, pursuant to article 129 of the Italian Consumer Code, to deliver to the CUSTOMER goods that comply with the Sales Contract.
10.2 It is assumed that the goods comply with the Contract of Sale if, where relevant, the following circumstances coexist:
(a) they are fit for the use for which goods of the same type are normally used;
(b) they comply with the description shown on the ILAIRE website and possess the qualities of the good that may have been presented as a sample or model;
(c) present the usual quality and performance of an asset of the same type, which the Customer can reasonably expect, taking into account the nature of the asset and, where applicable, the public statements on the specific characteristics of the assets made in this regard by ILAIRE , in particular in advertising or on labeling;
(d) they are also suitable for the particular use desired by the Customer and which has been brought to our knowledge by the Customer at the time of the conclusion of the Sales Agreement and which we have also accepted for conclusive facts.
10.3 There is no lack of conformity if, at the time of the conclusion of the Sales Agreement, the Customer was aware of the defect or could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Customer.
11. CUSTOMER RIGHTS IN CASE OF DEFECT OF CONFORMITY
11.1 ILAIRE is liable to the Customer, pursuant to Article 130 of the Italian Consumer Code, for any lack of conformity existing at the time of delivery of the goods.
11.2 In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with articles 11.3 and 11.4 below, or to an adequate reduction in the price or termination of the Sale, in accordance with articles 11.5 and 11.6 below.
11.3 The Customer can ask ILAIRE – at his choice – to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. For these purposes, one of the two remedies should be considered excessively burdensome if it imposes unreasonable expenses on ILAIRE in relation to the other, taking into account:
(a) the value that the asset would have if there was no lack of conformity;
(b) the extent of the lack of conformity;
(c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Customer.
11.4 Repairs or replacements must be carried out within a reasonable time from the request and must not cause the Customer significant inconvenience, taking into account the nature of the asset and the purpose for which the Customer purchased the asset.
11.5 The Customer may request – at his choice – an appropriate reduction in the price or the termination of the Sales Agreement if one of the following situations occurs:
(a) repair or replacement is impossible or excessively expensive;
(b) ILAIRE has not repaired or replaced the goods within the appropriate period referred to in article 11.4 above;
(c) the replacement or repair previously carried out has caused the Customer considerable inconvenience.
11.6 A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the Sales Contract.
12. TERMS RELATING TO THE GUARANTEE OF CONFORMITY
12.1 ILAIRE is responsible, pursuant to article 130 of the Italian Consumer Code, when the lack of conformity occurs within 2 years from the delivery of the goods.
12.2 The Customer loses the rights provided for by Article 130, paragraph 2, of the Italian Consumer Code if he does not report the lack of conformity to us within 2 months from the date on which he discovered the defect. The report is not necessary if we have recognized the existence of the defect or we have concealed it.
12.3 Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
12.4 The direct action to assert the defects not intentionally concealed by us is prescribed, in any case, within 26 months from the delivery of the goods.
ARTICLE 13: LIABILITY
The responsibility of ILAIRE cannot in any case be committed in the event of non-fulfillment or improper fulfillment of the contractual obligations attributable to the Customer, in particular at the time of placing the order.
ILAIRE cannot be held responsible for any delay or non-fulfillment when the cause of the delay or non-fulfillment is related to a case of force majeure as defined by law or jurisprudence.
ILAIRE disclaims any liability due in particular to the choice of the Products by the Customer, following changes made to the Products by the Customer or damages deriving from a violation by the Customer of the recommendations for the storage or use of the Products.
ILAIRE cannot be held responsible for any damage, temporary or permanent, caused to the customer’s information system (IT), nor for any loss or damage suffered, particularly as a result of accessing or browsing the Site. The transmission of data via the Internet can lead to errors and / or the fact that the site may not always be available. Consequently, ILAIRE cannot be held responsible for the unavailability and / or interruption of the online service.
ARTICLE 14: PERSONAL DATA
ILAIRE collects and processes the personal data of Customers in accordance with the
ARTICLE 15: SAFEGUARD CLAUSE
In the event that one of the clauses of these General Conditions of Sale is null for any reason whatsoever, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
ARTICLE 16: APPLICABLE LAW
These general conditions of sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to the application of a different mandatory rule prevailing in the country of habitual residence of the Customer.
ARTICLE 17: DISPUTES / MEDIATION
The Customer declares to have been informed in advance by ILAIRE of the possibility of recourse, in the event of a dispute, in addition to the ordinary courts, to the attempt to resolve disputes out of court pursuant to Regulation (EU) no. 524/2013, the details of which are available in Regulation (EU) no. 524/2013 and on the internet at https://ec.europa.eu/consumers/odr . You can find our e-mail address by clicking on the following link: https://ilaire.com/informazioni-legali
Please note that we are not obliged to participate in a joint conciliation procedure. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
Before referring to the mediator designated above, the Customer undertakes to address his complaint to ILAIRE customer service at the addresses indicated in article 1 of these general conditions.