TERMS OF SALE
1.1. These General Terms and Conditions of Sale (hereinafter, the General Terms and Conditions) are aimed at regulating the purchase of Products, carried out remotely, via computer network, from the Website www.kostmakeupstore.it (hereinafter, the Website).
1.2. The owner of the Site is MARAN srl (hereinafter, Store) with registered office in via Gasperina 57, 00118 Rome (RM), enrolled in the Register of Companies of Rome, Tax Code 13003231001 and VAT no. 13003231001, R.E.A. no. RM-1416760.
2. Acceptance of the general conditions of sale
2.1. All purchases of Products made through the Site (hereinafter, the Purchase Agreements) by users accessing the Site (hereinafter, the Customers) are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance Contracts (Articles 50 - 67) and by Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding the Purchase Agreements, according to the procedure, the Customer accepts and undertakes to comply with these General Conditions.
2.3. The Customer, therefore, is required to read carefully, before making any purchase, these General Conditions that Store makes available to him/her in order to allow them to be reproduced and stored in compliance with the provisions of art. 12, paragraph 3 of Legislative Decree 70/2003.
2.4. Store may modify the content of the General Conditions at any time and without notice. The General Conditions published on the Site at the time the Customer sends the purchase order will apply to each individual Purchase Agreement.
3.1. www.kostmakeupstore.it (hereinafter "Site") is a telematic site for the sale of cosmetics, beauty products for body care, make-up and related accessories in general (hereinafter, "Products").
3.2. All the Products offered are illustrated in detail on the Site, within the respective sections, divided into Product categories.
3.3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, by Store, about the exact correspondence of the image depicted on the Site with the real Product; and this, with particular regard to its actual size and/or the colour aspects of the Products and/or packaging.
3.4. In the event of a difference between the image and the written product data sheet, the description of the product data sheet shall always apply.
4. Purchase procedure
4.1. The Customer may purchase the Products present in the electronic catalogue www.kostmakeupstore.it, which are illustrated in detail on the Site within the respective sections by product category, as described in the relevant information sheets contained in the Site, respecting the technical access procedures illustrated therein.
4.2. To purchase the Products, the Customer must register on the Site by entering his/her personal details, following the instructions provided in the registration program, and must fill in and send the electronic order form available on the Site to Store, following the instructions therein. Purchase orders must be accurately filled in every part. In the event that the customer does not want to register on the Site can in any case conclude the purchase process, but can not check the status of your orders and take advantage of discounts and promotions.
4.3. The Customer must enter the selected Products in the appropriate "Shopping Cart" and, after having chosen the courier and viewed and accepted the contribution for delivery costs, may proceed with the purchase.
4.4. If the Customer needs to modify the purchase order or to modify some of the data contained in it, he or she must follow the appropriate modification procedure contained on the Site. In particular, the Customer will have the right to change the quantity of the Products he intends to purchase, adding or removing one or more Products from the Shopping Cart.
4.5. Once this operation has been completed, the Customer will display a screen containing a summary of the purchase order, including delivery costs, with a request for further confirmation at the purchase procedure.
4.6. After viewing the summary the Customer must select the desired type of payment, i.e. cash on delivery, Credit Card and PayPal, Bank Transfer or, if available, by Gift Card, and send the order by clicking on the appropriate button.
5. Conclusion of the contract
5.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual proposal for purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Conditions.
5.2. Each Purchase Contract entered into between Store and the Customer must be considered concluded with the sending by Store acceptance of the order to the customer's email address. This confirmation message will indicate an "Order Number", to be used in any subsequent communication with Store. The message will repeat, in addition to the information required by law, all the data entered by the customer who undertakes to verify the correctness and to promptly notify any corrections. Possible additional costs caused by errors in data not reported promptly, will be borne exclusively by the customer.
5.3. Each order can be viewed by the customer on the Site, in their personal area, if it is registered, or by contacting the staff of Store, immediately after sending the order.
5.4. It is possible that occasional unavailability of the Products offered may occur, in which case, if the Products chosen by the Customer are not, in whole or in part, available, the order will be sent with the available products after having sent notice to the Customer about the unavailable products.
5.5. Store has the right to accept or not, at its own discretion, the order sent by the Customer, without the Customer having any claims or rights of any kind, for any reason, including compensation, in case of non-acceptance of the order.
5.6. In particular, Store reserves the right not to accept proposals to purchase and cancel orders that do not give sufficient guarantees of solvency or, even after comparison with the circuit that handles credit card payments - there are anomalies in transactions and means of payment used by the customer.
5.7. The customer can check at any time the content of the purchase contracts concluded by accessing their personal area of the Site, if it is registered, or by contacting the Customer Service of Store. Such data will be available for a period equal to 12 months after delivery of the Products.
6. Prices of products
All prices of the Products are clearly indicated on the Site and are inclusive of VAT. Delivery costs are adequately highlighted when ordering. The cost of each shipment may vary depending on the delivery and payment method and the destination and total amount of the order.
7. Methods of Payment
The payment of the purchased Products is made by Credit Card, PayPal, Cash on Delivery, Bank Transfer or, if available, Gift Card as specified below:
The credit cards accepted are: Visa, Mastercard.
All data are transferred in encrypted form by SSL certificate and are therefore not intercepted by external parties.
Moreover, the data is entered directly on the bank's website, thus guaranteeing maximum security.
The amount of the order is not charged immediately to the card, but at a later stage, within the limits authorized by the Customer.
When entering the order on the Site KOST store is required only an authorization of payment for the amount indicated (very often at this time is sent an SMS / E-mail to the customer by the bank that issued the card).
PayPal, a company of the eBay group, is a fast and secure payment system.
Once the order has been completed and the PayPal method has been chosen as the payment method, the buyer will be redirected to the PayPal website, where they can access their account by entering their personal e-mail address and password.
By choosing to pay by PayPal the amount will be charged directly to the credit card (Visa, Visa Electron, Mastercard) or prepaid (PostePay) assigned. PayPal protects the buyer's information as no financial information is passed on.
A confirmation email from PayPal will be sent to each transaction performed with this method.
In case of cancellation of the order the amount will be refunded to the Customer's PayPal account.
At the time of purchase, by selecting Bank Transfer as the payment method, you will be shown instructions for making the payment.
In the current state of the banking system, the amount transferred will be credited to the beneficiary's bank account no earlier than 1/3 days after the date of making the payment.
The payment must be made to:
BIC/SWIFT CODE: BLOPIT22 (only for non-Italian bank accounts)
After 5 days from the date of placing the order, without MARAN srl having received the bank transfer credit, KOST store will cancel the order.
Cash on delivery (only for Italy)
With this method of payment the Customer must pay the full amount of the order (including additional costs such as shipping) in cash on delivery, to the Courier.
The amount must be exact, as the courier does NOT give change.
The Customer can use a "Gift Card" for the payment, selecting inside the Gift Card cart as payment method and (after choosing the shipping method) entering the "Gift Card" code and the Security Code.
For the conditions of use of Gift Cards please refer to the FAQ section of the KOST store website.
8. Delivery methods and costs
8.1. Store undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. The delivery of the Products is made by courier, and times will vary depending on the destination. The terms indicated at the time of the purchase order are however indicative.
8.2. Store delivery throughout Europe and delivery will take place without appointment. For Italy the shipment is FREE while for Europe has a cost of € 9.90.
8.3. No responsibility, for any reason whatsoever, may be charged by the Customer to Store in case of delay in the execution of the order or delivery of the Products object of the Purchase Contracts.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Shipment will take place in approximately 24/72 working hours (for Europe up to 5 working days) from the time the courier takes delivery (except in cases of force majeure). Upon delivery of the Products by the Store to the courier, the Customer will receive a notification of confirmation of shipment with relative tracking code.
8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays according to the procedures indicated by the courier. The delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In case of non-delivery due to the absence of the addressee at the specified address, the courier will attempt a new delivery, the next day, according to the modalities established by the courier.
In case of impossibility to execute the new delivery for absence of the addressee, the products object of the order will be redelivered to KOST store.
After 30 (thirty) days from the date in which the Products object of the order have been sent back to Store for impossibility in the execution of the delivery, the contract will be considered resolved and the purchase order cancelled according to the art. 1456 c.c..
Store will however be available to find a solution together with the Customer.
8.6. The resolution of the contract will take place at the expiry of the thirtieth day from the return of the products. At the expiry of the contract the Customer loses any right to the restitution of the amount paid for the order. Store will still be available to talk with the Customer. In the event that, before the expiration of thirty days, the Customer requests to receive the purchased Products again, Store will proceed with the new delivery charging the expenses incurred with the old shipment (including storage and return costs) in addition to the costs of the new shipment.
8.7. At the time of delivery of the Products by the courier appointed by Store, the Customer must carefully check that the packaging is intact and not damaged or otherwise altered.
8.8. Any damage to the packaging and to the Products or the mismatch in the number of pieces/packages or indications must be immediately notified by the Customer, who can contact Store through the contact section, specifying the order for which such mishaps occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the cost of delivery for Store, will give Store the right to split, postpone or cancel, in whole or in part, the planned delivery or to terminate the Purchase Agreement. In such cases, Store will provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer and the latter will have the right to a refund of any price already paid, excluding any further claim, for any reason, against Store.
9. Discount Coupons - Promotions
9.1. Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the voucher value.
9.2. The discount voucher may be combined with other commercial initiatives only in the cases in which it is expressly indicated.
10. Right of withdrawal and its effects
10.1 The Customer has the right to withdraw from the contract, without giving reasons, within 14 days. (withdrawal period).
10.2 The withdrawal period expires at the end of the 14th day in which the Customer, or a third party on his behalf, has not communicated to Store
10.3. To exercise the right of withdrawal, the customer is required to inform Store of his decision to terminate the contract through the returns section of the site or via Whatsapp or email..
10.4. To comply with the withdrawal period, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of this period.
10.5. The Customer has the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within 14 days of receipt of the products. The Customer may exercise the right of withdrawal, within the aforesaid period, by showing it through the returns section of the website www.kostmakeupstore.it.
Consequently, the Customer must return the goods, completely intact, to the same address.
10.6. The costs of returning the products shall be borne by the Customer.
At this point the customer can choose between refund or product exchange:
- Refund: within 30 days from the date of receipt of the products, Storeundertakes to return the full amount corresponding to the returned goods, with the exception of shipping costs incurred for sending the items returned and offered by Store.
- Products substitution: the customer can decide to substitute the products with others present on Store with the payment of the shipping costs for the substitution of the goods.
The products must be, obligatorily intact and complete of all their parts and functionality and NOT USED, then new.
In lack of parts and / or accessories and / or packaging, Store will not be able to reimburse the customer.
11. Non-conformity of products and defective products
11.1. The Products offered on the Site comply with national and Community legislation. The images and colours of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or the tools used to display them.
11.2. In the event of non-conformity of the Products purchased with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer has the right to immediate replacement of the non-conforming goods, with another good of equal or higher value (at the choice of Store), by contacting us by sending an e-mail to email@example.com. After the communication of the defective and/or incorrect product, it must be returned to Store, with shipping charged to the buyer, and then proceed with the replacement and/or refund.
11.3. Will follow communication from the staff of Store with an indication of how to change the product, including through coupons on the next purchase higher than the value of the goods to be replaced, excluding any further liability of Store, for any reason.
11.4. In any case, the provisions regarding the legal guarantee of conformity of the goods, provided by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are not affected.
12. Processing of personal data
13. Communications and complaints
All communications or any complaints by the Customer with regard to Store in relation to Purchase Agreements must be communicated by e-mail to firstname.lastname@example.org.
14. Intellectual Property Rights
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of MARAN srl and/or its licensors, without the Customer having any rights over them from access to the Site and/or the stipulation of the Purchase Agreements. Any use, even partial, of the same is forbidden without the prior written authorisation of MARAN srl, for which all relative rights are exclusively reserved.
15. Applicable Law and Jurisdiction
15.1 These General Conditions and any and all contracts entered into with the Client are governed by Italian law, without prejudice to the application of EU law and international treaties, when applicable, as well as national consumer protection legislation.
15.2 Any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract entered into with the Client shall be settled exclusively by the Court of Rome.