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, KOST 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 KOST 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. KOST 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 KOST 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 KOST 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 with a surcharge of € 4.90 (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 KOST store and the Customer must be considered concluded with the sending by KOST 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 KOST 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 KOST 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. KOST 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, KOST 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 KOST 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.
Cash on delivery is an additional service of the Courier and, as such, has a cost of € 4.90, to be added to the total order plus the cost of shipping (if any), and to be paid in cash to the courier.
Pagantis (only for Italy, United Kingdom, Spain and France)
With Pagantis the customer can pay his purchases in installments, choosing the number of installments (from 2 to 12), with instant financing.
Just have a credit or debit card (with 16 digits) associated with a bank account (not rechargeable) and in about 3 minutes you have the answer.
With a positive outcome, the customer will pay the first instalment immediately and will receive the products immediately.
Subsequent installments will be automatically debited from the Customer's account by Pagantis.
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. KOST store undertakes to deliver the goods without undue delay and in any case no later than thirty days after the conclusion of the contract. The delivery of the Products is made by courier, and the times will vary depending on the destination. The terms indicated at the time of the purchase order are in any case indicative.
8.2. KOST store delivers throughout Europe and the delivery will take place without appointment. For Italy the shipment costs 4,90€ while for Europe it costs 9,90€.
8.3. No liability, for whatever reason, can be charged by the customer to KOST store in case of delay in processing the order or delivery of the Products covered by the Purchase Agreements.
8.4. The Products ordered will be sent to the postal address specified by the Customer within the next 24/48 working hours (48/72 hours for Europe) after taking delivery of the courier (except in cases of force majeure). Upon delivery of the Products by KOST store to the appointed courier, an e-mail will be sent to the Customer confirming the shipment with the relevant tracking code.
8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays as indicated by the courier. Delivery is deemed 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 following day, according to the modalities set by the courier.
If it is impossible to make the new delivery due to the absence of the recipient, the products ordered will be returned to KOST store.
After 30 (thirty) days from the date on which the Products ordered have been returned to KOST store due to the impossibility of delivery, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 Civil Code.
KOST store will still be available to find a solution with the customer.
8.6. The contract will be terminated at the end of the thirtieth day after the return of the products. Upon expiration of the contract, the customer loses all rights to the refund of the amount paid for the order. KOST store will still be available to talk with the customer. In the event that, before the expiry of thirty days, the Customer asks to receive the Products purchased again, KOST store will proceed with the new delivery charging the costs incurred with the old shipment (including storage and return) in addition to the costs of the new shipment.
8.7. Upon delivery of the Products by the courier appointed by KOST store, the Customer is required to carefully check that the packaging is intact and undamaged or otherwise altered.
8.8. Any damage to the packaging and the Products or the mismatch in the number of pieces / packages or indications must be immediately reported by the Customer, who can contact KOST store through the contact section, specifying the order for which such misunderstandings have occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in delivery or make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by KOST store, will entitle KOST store to split, postpone or cancel, in whole or in part, the planned delivery or to terminate the Purchase Agreement. In such cases, it will be the responsibility of KOST store to provide timely and adequate notice of its decisions to the email address provided by the customer and the latter will be entitled to a refund of the price already paid, excluding any further claims, for any reason, against KOST 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, is in possession of the goods from KOST Store sold.
10.3. To exercise the right of withdrawal, the customer is required to inform KOST store (MARAN srl) of his decision to terminate the contract through the returns section of the site.
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,KOST store undertakes 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 KOST store.
The amount in question is € 4.90:
- Product replacement: the customer may decide to replace the products with others on KOST Store with the payment of shipping costs of € 4.90 that were offered in the first sending of the items of the return, and any price differences due to the choice of items.
The products must be, obligatorily, intact and complete with all their parts and functionalities and NOT used.
In the absence of parts and/or accessories and/or packaging, KOST store will not be able to refund 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 KOST store), by contacting us by sending an e-mail to firstname.lastname@example.org. After the communication of the defective and/or incorrect product, it must be returned to KOST 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 KOST 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 KOST 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 KOST store in relation to Purchase Agreements must be communicated by e-mail to email@example.com.
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.