General conditions of Sale
GENERAL CONDITIONS OF SALE, effective from 10/12/2019
This information is provided for the site "www.dailysilkyskin.com" (Site) owned by Initians LLC, with registered office in Lewes, 16192 Coastal Highway - Delaware, USA, ZipCode 19958.
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Company is not responsible for the supply of services and/or for the sale of products by such subjects. On the websites that can be consulted via these links, the Company does not carry out any checks and/or monitoring. The Company is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all the other information that the Company provides on the Site, even during the purchase procedure.
Art. 2. Purchases on the Site
2.1 Purchase on the Site
- it can also take place without registering on the Site
- it is allowed to users who have the quality of consumers.
2.2 Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity, are considered consumers.
2.3 Under no circumstances will resellers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be able to make purchases on the Site. It is therefore forbidden for these subjects to make purchases on the Site.
2.4 In the case of orders, from anyone originating, which are anomalous in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to put an end to the irregularities.
2.5 The Company reserves the right to refuse or cancel orders that come from:
- by a user with whom the Company has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has been involved in crime
- by a user who has released false, incomplete or inaccurate identification data or who has not promptly sent the Company the documents requested by the same or who have sent invalid documents.
Art. 3. Information directed to the conclusion of the contract
3.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:
- to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Site
- the contract is concluded when the order form reaches the Company's server
- once the order form has been received, the Company will send you the order confirmation to the e-mail address indicated, containing:
- information relating to the characteristics of the purchase
- the indication of the price
- the indication of the means of payment used
- the indication of the delivery term.
Art. 4. Availability of Products
4.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
4.2 The Site contains information relating to the availability of each Product.
4.3 You will be informed in the event of unavailability of the Product ordered. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code.
4.4 Alternatively, you may accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery term
- if a restocking is not possible, the Company will supply a different product, of equivalent or higher value, upon payment, in the latter case, of the difference, and upon express acceptance by the user.
4.5 If a refund of the amount paid for the purchase of Products which later proved to be unavailable is requested, the Company will issue the refund within a maximum period of 20 days.
4.6 In the event that you exercise the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due) has already taken place, the Company will reimburse the Total Amount Due in accordance with the provisions of the article "Methods of payment" below.
Art. 5. Information sheet
5.1 Each product is accompanied by an information page which illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the IT systems or the computers you use to view them. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances.
Art. 6. Prices
6.1 All the prices of the Products published on the Site include the Value Added Tax.
6.2 The Company reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increase or decrease) following the transmission of the same.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user sends it.
Art. 7. Purchase orders
7.1 The Company will ship the Products only after receiving confirmation of the payment authorization or after the Total Amount Due has been credited. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
7.2 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.
Art. 8. Method of payment
8.1 The following payment methods are permitted on the Website:
- Payment card.
8.2 The Company accepts credit cards from the circuits:
- MasterCard (Cirrus Maestro)
- American Express
- Apple Pay
In any case, they are indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is sent.
Art. 9. Delivery of Products
9.1 The deliveries of the purchased Products are made according to the following methods:
- throughout Europe.
The delivery obligation is fulfilled by transferring to you the material availability or in any case control of the Product.
9.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.
9.3 From the date the order is sent, the Products will be delivered within 7 days. In the event of omitted indication of a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
9.4 It is up to you to check the condition of the delivered Product. It being understood that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Company recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules on the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains valid.
Art. 10. Right of withdrawal
10.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article.
10.2 If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
10.3 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.
10.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in at least one of the following ways:
By email or phone:
through the section of the site:
It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Company.
10.5 You must arrange to return the Products to the Company, using a carrier of your choice and at your own expense, without undue delay and in any case within 14 calendar days from the date on which you communicated to the Company your decision to withdraw (Deadline for Return). The Return Deadline is met if you return the Products before the fourteen day period has expired. The Product, suitably protected and packed and, if possible, in the original packaging (the original packaging is always mandatory if the serial numbers of the products are printed on it), must be returned to the following address:
Initians LLC, with registered office in Lewes, 16192 Coastal Highway - Delaware, USA, ZipCode 19958
10.6 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.
10.7 If you withdraw from the contract, the Company will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of the Your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until receipt of the Products or until you demonstrate that you have returned the Products, whichever is earlier.
10.8 You are solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
10.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Company will notify the user of this upon receipt of the Product, rejecting the request for withdrawal. The Product will remain at the Company at your disposal for collection, which must take place at your expense and under your responsibility.
10.10 In the event that, by resorting to one of the hypotheses of the law, the right of withdrawal does not find application, this exclusion will be specifically and expressly communicated on the Site.
10.11 In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of the delivery costs to be returned will never exceed the amount actually paid.
Art. 11. Legal guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When to apply
The Company is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.
In the event of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not responsible in the event of damages, of any kind whatsoever, deriving from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
Art. 12. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
12.1 The purchase contracts concluded through the Site are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
12.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent.
12.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
12.4 The Company also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
12.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
12.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 13. Customer service and complaints
It is possible to request information, send communications, request assistance or file complaints by contacting the Company in the following ways:
- by email, at the following address: firstname.lastname@example.org
The Company will respond to complaints presented within 5 days of receipt of the same.