Terms of service
GENERAL CONDITIONS OF SALE
The following General Conditions of Sale (hereinafter"GCS") define the terms and conditions according to which OISLuxury Group srl, in the person of its pro tempore legal representative, with registered office in Milan, at via Giuseppe Broggi n22, (MI) 20129, with share capital ivequal to Euro 10,000.00, registered in the Milan Company Register under noMI-2608786, CFand VAT number 11515560966, (hereinafter also " Seller "or" OIS ") sells to the Customer one or more cosmetics and beauty products developed by third parties (hereinafter" Cosmetic "or" Cosmetics ").
The Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out.
Art1 - Definitions
1.1. The expression" online sales contract "means the sales contract relating to the movable consumer goods of the Alienator, stipulated between them and the Purchaser as part of a remote sales system organized by the Supplier.
1.2. The term" Buyer "means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. " Seller "or" OIS "means the person indicated in the epigraph or the person who sells the Cosmetics.
1.4 Cosmetic or Cosmetics - the good (s) being sold which, by way of example, but not limited to:creams, oils, make-up, make-up removers, etc…;
1.5 Certificate of Authenticity - the document certifying the origin of the products purchased by the Buyer, issued by the manufacturer, and delivered by the Alienator to the Buyer once delivered to the address indicated by the Customer;
1.6 Consumer Code - Legislative DecreeLgsn206/2005 on the subject of consumer protection;
1.7 General Conditions of Sale - these contractual conditions made available to the Buyer by OIS, both on the website http://www.oisluxurygroup.com, which have as their object the sale of Cosmetics from the Alienator to the Buyer;
1.8 Purchase Invoice - the document certifying the purchase and sale, delivered to the Buyer at the time of payment of the price which constitutes a release receipt and issued in paper form within the shipment;
1.9 Lack of Conformity - when the purchased good is not suitable for the use for which it was purchased or does not conform to the description given by the seller
1. 10 Producer or Producers - are the subjects, natural or legal persons, who produce the Cosmetics
Art2 - Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer buys remotely through telematic tools the Cosmetics indicated and offered for sale on the website www.oisluxurygroup.com .
2.2. The products referred to in the previous point are described on the web page:www.oisluxurygroup.com .
Art3 - How to stipulate the contract
3.1. The contract between the Seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at www.oisluxurygroup.com , where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods.
Art4 - Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the acceptance of the request form and the consent to the purchase expressed through the adhesion sent online or by filling in the TERMS AND CONDITIONS form/form inserted before completing the purchase at www. .oisluxurygroup.com , always after viewing a web page summarizing the order, printable, which shows the details of the purchaser and the order, the price of the purchased good, shipping costs and any additional accessory charges , the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Seller receives the order from the Buyer, he sends a confirmation e-mail or displays a printable order confirmation and summary web page, which also contains the data recalled in the previous point .
Art5 - Methods of payment and reimbursement
5.1. Any payment by the Buyer can only be made by means of one of the methods indicated in the appropriate web page by the Seller and in any case by means of, by way of example but not limited to, credit/debit cards, Pay Pal, bank transfer , etc.
5.2. Any reimbursement to the Buyer will be credited through one of the methods proposed by the Seller chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art.13, point 2 et seqof this contract, at the latest within 30 days from the date on which the Seller became aware of the notice of withdrawal.
Art6 - Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.
6.2. Shipping methods, times and costs are clearly indicated and well highlighted at www.oisluxurygroup.com .
Art7 - Prices
7.1. All the sales prices of the products displayed are indicated on the website www.oisluxurygroup.com , are expressed in euros and constitute an offer to the public pursuant to art.1336 cc
7.2. The sale prices, referred to in the previous point, include VAT and any other taxShipping costs and any additional charges (egcustoms clearance), if present, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is forwarded by the Buyer and also contained in the summary web page of the order placed.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog.
Art8 - Limitation of Liability
8.1. The Seller assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example but not limited to, unforeseeable weather events, pandemics, acts of war, etc., in the event that it fails to execute the order on time provided for in the contract.
8.2 Furthermore, the Seller does not assume any responsibility for possible physical damage caused to the Buyer, or to other subjects, by the Cosmetics, since such damage is attributable only and exclusively to the individual producers of the Cosmetics sold.
8.3. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
8.4. Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred. .
8.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller.
Art9 - Liability for defects, proof of damage and compensable damages:the obligations of the Supplier
9.1. Pursuant to art114 ffof the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Buyer, within 3 months of the request, the identity and domicile of the manufacturer or of the person who provided him with the Well.
9.2. The aforementioned request, by the Buyer, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
9.3. No compensation will be due if the Purchaser was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
Art10 - Legal guarantee of conformity
10.1. The Seller is liable for any lack of conformity that occurs within the term of 2 years from the delivery of the Cosmetic or, in any case, within the expiry date indicated on the container.
10.2. For the purposes of this contract, it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist:a) they are suitable for the use for which goods of the same type are normally used; b) comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the Seller has also accepted for conclusive facts.
10.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 2 months from the date on which the defect was discovered.The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
10.4. In any case, 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 defect of compliance.
10.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased Cosmetic, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to art130, c4, of the Consumer Code.
10.6. The request must be sent in writing, by registered letter with return receipt , to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where the Seller has accepted the Buyer's request, he must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
10.7. If the repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contractIn this case, the Buyer must send his request to the Seller, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt.
10.8. In the same communication, if the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods of returning the CosmeticIn such cases it will be the Buyer's responsibility to indicate how to re-credit the sums previously paid to the Seller.
Art11 - Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
11.3 The Buyer undertakes to comply with all the information provided in the Cosmetics brochure and to strictly follow the instructions for use.
Art12 - Right of withdrawal
12.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased good.
12.2. In the event that the Purchaser decides to exercise the right of withdrawal, he must notify the Seller by means of registered letter with return receipt.at Via Nikolaj Lenin, 7 Garlasco (PV) 27026, provided that such communications are confirmed by sending a registered letter with return receiptat Via Nikolaj Lenin, 7 Garlasco (PV) 27026 within the following 48 (forty-eight) hoursThe stamp affixed by the post office on the receipt issued will be authentic between the PartiesFor the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased good, provided that the same termsThe date of delivery to the post office or to the forwarder will be valid between the Parties.
12.3. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goodsIn any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a normal state of conservation.
12.4. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of products that have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. , and in any other case provided for by art55 of the Consumer Code.
12.5. The only costs payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Seller, unless the Seller agrees to pay them.
12.6. The Supplier will refund the entire amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
12.7. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art13 - Method of archiving the contract
13.1Pursuant to art12, legislative decreen70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the headquarters of the Supplier itself according to criteria of confidentiality and security.
Art14 - Communications and complaints
14.1. Written communications directed to the Seller and any complaints will be considered valid only if sent to the following address:Via Nikolaj Lenin, 7 Garlasco (PV) 27026The Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
14.2 All data provided by the Buyer are treated in full compliance with the legislation referred to in RegEU 679/2016 (GDPR) as per information provided separately on the page www.oisluxurygroup.com.
Art15 - Settlement of disputes
15.1If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the consumer's place of residence or domicile of choice, mandatory pursuant to art33, c2, lettu), Legislative Decreen206/2005.
Art16 - Applicable law and reference
16.1. This contract is regulated by the Italian law.
16.2. Although not expressly provided herein, the provisions of law applicable to the relationships and cases provided for in this contract are valid, and in particular the art.5 of the Rome Convention of 1980.
16.3. Pursuant to art60, legislative decreen206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree non206/2005.