Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE APHRODITE S.R.L.
- Subject matter
1.1 These General Terms and Conditions of Sale (hereinafter, the "General T&C") relate to the purchase of products, via internet, on the website youbecosmetics.com (hereinafter, the "Website").
1.2 All purchases carried out through the Website (hereinafter, the "Purchase Agreement" or “Purchase Agreements”) by users who access the Website (hereinafter, the “Client” or "Clients") are governed by these General T&C, by the Italian legal provisions concerning e-commerce (Legislative Decree 70/2003), as well as by the Legislative Decree 206/2005 (hereinafter the "Consumer Code").
1.3 The owner of the Website is Aphrodite S.r.l., with registered office in Corso G. Matteotti, 36 - 25122 Brescia (BS), Italian tax code, registration number with the Companies’ Registry of Brescia and VAT n. 04302980984, R.E.A. n. BS - 604278 (hereinafter “Aphrodite S.r.l.”).
1.4 Aphrodite S.r.l. may amend the provisions of these General T&C at any time, also without prior notice. The General T&C that will apply to each individual Purchase Agreement are the ones published on the Website at the time that Purchase Agreement is entered into by the Client.
- Acceptance of the General T&C
2.1 Upon entering into a Purchase Agreement the Client agrees and undertakes to comply with these General T&C. Prior to carrying out any purchase, The Client is therefore required to carefully read these General T&C, which may be reproduced and stored by the Client, in accordance with the provisions of art. 12, paragraph 3 of Legislative Decree 70/2003.
2.2 The Client declares to be a physical person, to be a "consumer" in accordance with its definition under article 3 of the Consumer Code, and that the purchase of the Products will be carried out for personal use only and it is not in any way directed to the exercise of any business, commercial, artisanal or professional activity. The Client further declares to be over eighteen years of age.
3.1 The Website is an e-commerce sale platform for cosmetics and related accessories (hereinafter, the “Product” or “Products”).
3.2 The Website may contain a visual display of the Products. Such visual display has a merely descriptive value and consists in a photographic reproduction of the Products themselves, with the sole purpose to present them for sale, without any guarantee or obligation by Aphrodite S.r.l., regarding the exact matching of the image depicted on the Website with the Product.
3.3 In case of a difference between the image shown on the Website and the Product data sheet, this latter will always prevail and shall be deemed as the only official source of information relating to the Product.
- Purchasing procedure and Purchase Agreement
4.1 The Client may purchase the Products on the Website by complying with the procedures explained thereon. The publication of the Products displayed on the Website does not constitute a contractual proposal, but rather an invitation to propose. The order sent by the Client constitutes a contractual proposal and implies full knowledge and acceptance of these General T&C. Aphrodite S.r.l.has the unquestionable right to refuse the order sent by the Client, without this implying any right in favour of the Client, for any reason whatsoever, including compensation, in the event of non-acceptance by Aphrodite S.r.l..
4.2 In order to purchase the Products from the Website, the Client will first need to add the selected Products to the “shopping virtual cart”. Subsequently, the Client will have to accept these General T&C by clicking on the related button, then click on the "check-out" button, then provide its personal details, including their billing address, shipping address and payment information, and lastly, after having chosen the shipping modality and after having seen and accepted the amount of the delivery charges, he will be able to proceed with the payment according to the manners provided for in Article 5.2 below. After the payment, the Client may conclude the purchase procedure by sending the order, by clicking on the appropriate button.
4.3 The Client will be also allowed to register on the Website by entering its personal details and by following the instructions provided by the registration program. In such case, the Client will be allowed to proceed with the purchase also by filling out the relevant order form available on the Website, following the instructions thereon.
4.4 Each Purchase Agreement stipulated between Aphrodite S.r.l. and the Client shall be considered as concluded when the order confirmation is received by the Client. Such order confirmation, which contains the order number and a summary of the order itself, will be sent to the Client via e-mail to the address indicated by the latter. If the Client is registered to the Website according to section 4.3 above, the summary of the order will be also visible on the Website.
4.5 The Client undertakes to verify the accuracy of the data set forth in the e-mail containing the order confirmation and to timely communicate to Aphrodite S.r.l. any request for change and/or amendment of such data. Any extra-costs that might derive from mistakes within the communication of the data by the Client, not timely communicated, will be charged to the Client.
- Prices and payment terms
5.1 All Product prices are indicated on the Website and include VAT. At the time of the order submission, the shipping modalities and costs, which may vary depending on the requests made by the Client, as well as the total order amount and the place of shipping, will be expressly displayed.
5.2 The Client may pay for the purchased Products by one of the following means of payment:
- credit card, through the service offered by Shopify Payments (by Stripe));
6.1 Products are delivered to the address specified by the Client, by courier. Aphrodite S.r.l. delivers the Products purchased by the Client to the courier for shipment, together with the relevant delivery note. Once the Products have been handed over to the courier, no changes can be made to the information provided.
6.2 Aphrodite S.r.l. will make its best effort in order to deliver the Products within the terms indicated in each order confirmation, that can vary depending on the chosen modalities of shipping and on the chosen destination. Any delivery date indicated by Aphrodite S.r.l. shall be deemed as approximate and will not be binding for Aphrodite S.r.l..
6.3 The Products are sold in compliance with EU legislation. If the Client chooses to have the Products delivered outside the EU, no liability, at any title, shall be borne by Aphrodite S.r.l.. The Client shall be solely responsible to ensure that the Products comply with the legislation in force in the country of destination. Furthermore, Aphrodite S.r.l. shall not be responsible for any delay/impossibility to deliver the Products, if such delay/impossibility is due to restrictions and/or any other limitation set forth by laws, regulations or any other legal provision applicable in the country of destination. Any customs-related expense, as well as any other cost related to the delivery of the Products outside the European Union will be borne exclusively by the Client.
6.4 The delivery of the Products will be carried out according to the modalities indicated by the courier chosen by the Client. If the Products cannot be delivered due to absence of the recipient at the specified address, the courier will try to deliver the purchased Product again on the following days. In case that also such second delivery is not possible due to the absence of the recipient, the Products ordered will be delivered back to Aphrodite S.r.l., which will try to get in touch by phone with the Client in order to schedule a further delivery. After 14 days from the drop off of the Products to Aphrodite S.r.l., due to impossibility to complete the delivery, Aphrodite S.r.l., if it will not be able to contact the Client by phone, will be entitled to terminate the relevant Purchase Agreement according to article 1456 of the Italian civil code, by communicating its decision to the Client via e-mail. In this latter case, Aphrodite S.r.l. will refund the amount paid by the Client, net of the expenses for the drop off of the Products and of the expenses related to the storage of the Product borne by Aphrodite S.r.l.. The refund will be made on the payment method selected by the Client for the purchase, unless otherwise agreed, within 14 days after the termination of the Purchase Agreement.
6.5 Force majeure causes (such as, by way of example, new legal provisions, regulations and other Public Authorities’ measures, wars, embargos, wildfires, floods, explosions, earthquakes, epidemics, strikes, objective unavailability of means of transportations, etc.) as well as unpredictable and unavoidable events that provoke delays of the delivery or that make the delivery difficult or impossible or that provoke a significant increase of the cost of the delivery due by Aphrodite S.r.l., will trigger the right of Aphrodite S.r.l. to delay or cancel, in whole or in part, the foreseen delivery, or to terminate the Purchase Agreement. In such cases Aphrodite S.r.l. will communicate its choice, by e-mail that will be sent to the address indicated by the Client. The Client will be entitled to obtain a refund of the payment already carried out. Aphrodite S.r.l. shall not be responsible for any further request or claim towards the Client.
- Product non-compliance and/or defective Products
7.1 At the time of the delivery of the Products by the courier, the Client shall be responsible for carefully checking that the Products and their packaging are intact and not damaged, and that the number of the delivered Products matches the one of the ordered Products. Any damage to the Products or to the packaging, as well as the inconsistency between the number of products delivered and the number of Products ordered, must be immediately communicated to Aphrodite S.r.l., in any case no later than 15 days from the delivery, with an indication of the relevant order number.
7.2 Notwithstanding article 3.3 above, in the event of a defective or broken Product, the Client is entitled to the replacement of the defective item or, at the sole discretion of Aphrodite S.r.l., to a refund. If he wishes to request the substitution or the refund of the defective or broken Product, the Client shall send to Aphrodite S.r.l., by way of e-mail at the address email@example.com, a formal complaint, which will need to indicate the order number as well as the reasons of such request, along with photographic evidence of the damage or the non compliance of the Product. A communication from Aphrodite S.r.l. staff will follow, indicating its decision on whether to replace of the defective Product or to refund of the relevant price. The return process will take place via the yoUBe platform connected to the Website, accessible via the link https://returns.richcommerce.co/return/new?c=youbecosmetics, in accordance with the procedures set out therein.
7.3 The above warranties are the sole remedy available to the Client in case of defects or non compliance of the Products. Any other liability, at any title, of Aphrodite S.r.l. is expressly excluded
7.4 The above shall be without prejudice to any mandatory applicable leqal provisions.
- Right of withdrawal
8.1 The Client is entitled to terminate the Purchase Agreement, without the need to justify his decision, within 14 days from the delivery of the Products.
8.2 The Client will need to inform Aphrodite S.r.l. of his/her decision to avail himself/herself of the right to terminate foreseen by this provision by sending an explicit declaration to the registered office of Aphrodite S.r.l., or to the e-mail address firstname.lastname@example.org, specifying the relevant order number.
8.3 If the Client withdraws from the Purchase Agreement, the Client will be entitled to be refunded of all the payments made in favour of Aphrodite S.r.l., including costs of delivery (excluding the additional costs arising from the choice by the Client of a type of delivery having a more expensive price than the minimum standard one). Refunds will be made using the same method of payment used by the Client for the purchase of the Products, unless the Client expressly requests otherwise. The refund will be paid without undue delay and in any case not later than 14 days from the day Aphrodite S.r.l. receives the communication of withdrawal from the Client. The refund can be suspended by Aphrodite S.r.l. until receipt of the Products by Aphrodite S.r.l.
8.4 If the Client exercises the right of withdrawal pursuant to this section, the Client shall return the Products to Aphrodite S.r.l. at the following address: Dap Sides Eurologistica - Via dei Fontanili 61/63, Rho (MI) 20017 - Italia without any undue delay and in any case within 14 days from the date in which the withdrawal has been communicated.
8.5 The costs relating to the return of the Products will be paid by the Client.
8.6 According to article 59, paragraph 1, letter e), of the Consumer Code, the Client will not be entitled to exercise any right of withdrawal in case of sealed Products that cannot be returned for reasons of hygiene or protection of health and that have been unsealed after delivery.
- Processing of Personal Data
9.1 The processing of Clients’ personal data is fully governed by Aphrodite S.r.l.’s privacy policies, which can be accessed in the specific section of the Website, as well as at the following link youbecosmetics.com/pages/privacy-policy.
10.1 All communications from Clients to Aphrodite S.r.l. relating to Purchase Agreements can be communicated to email@example.com, unless otherwise provided by these General T&C.
- Intellectual Property Rights
11.1 All trademarks, registered or not, patents, as well as any distinctive signs or name, image, photograph, and more generally, any other work available on the Website, protected by the laws on intellectual property and industrial property rights, will remain the exclusive property of Aphrodite S.r.l. and/or its licensors or licensees. Any use thereof, in full or in part, is prohibited without Aphrodite S.r.l.'s prior written authorization.
- Applicable law and competent court
12.1 These General T&C, as well as any other Purchase Agreement entered into with the Client are governed by Italian law, except for the mandatory rules or the rules that necessarily apply, provided by the country in which the Client is established.
12.2 Any dispute arising out or relating to the interpretation, execution, validity or efficacy of these General T&C, as well as of any Purchase Agreement, will be submitted to the jurisdiction of the Courts where the Client is domiciled, if such domicile is in Italy.
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This General T&C were last reviewed on August 2, 2021.
Aphrodite S.r.l. may change these General T&C at any time and for any reason whatsoever. Any Purchase Agreement shall be ruled by the General T&C that are in force on the date of its conclusion.