terms and conditions

TERMS AND CONDITIONS OF USE OF THE SALE OF DERMOCURA BEAUTY PERFUMERIES

1. General Provisions

These Terms and Conditions of Use of Sale (hereinafter, the "General Conditions") govern the use of the website www.dermocura.com (hereinafter, the "Site") and the purchase of Products (as well as , hereinafter defined) carried out remotely on the Site.

The owner of the site is Dermocura Beauty di Caterina Capasso with registered office in Orta di Atella (CE), Via Massimo Stanzione n. 45, Tax Code and VAT number 09211961215, telephone number 081 19172241, e-mail address profumerie@dermocura.com.

The contact details can be found in the "Contacts" section of this website www.dermocurabeauty.com

The Customer declares and guarantees that the purchase of products made on the Site does not take place in the exercise of a professional activity, but is intended for strictly personal use.

Pursuant to and for the purposes of these General Conditions, Dermocura Beauty and the Customer are individually or jointly identified as the "Party" or the "Parties".

 

2. Acceptance of the General Conditions of Sale

The purchase of Products through the Site is governed by these General Conditions, by the Consumer Code (Legislative Decree no. 206/2005), as well as by the rules on electronic commerce.


The Customer is therefore invited to carefully examine the General Conditions before proceeding with the purchase.


As a result of sending a purchase order (hereinafter, the "Order"), the Customer totally and unconditionally accepts these General Conditions.


Dermocura Beauty reserves the right to modify these General Conditions at its sole discretion. In any case, it remains expressly understood that the General Conditions applicable to the Purchaser are those accepted at the time the Order is sent.


The information or personal data provided will be treated in accordance with the provisions of the Privacy & Cookies Policy. By using the Site, the Customer authorizes us to process such information and personal data and declares that all information and/or personal data provided to us are accurate and truthful.

 

3. Use of our website

By using the Site and/or placing orders through it, the Customer agrees to:

  1. make use of the Site exclusively for the purpose of placing legally valid orders;

  2. do not place false or fraudulent orders. If Dermocura Beauty has plausible reasons to believe that an order of this nature has been made, it will consider itself authorized to cancel it and inform the Competent Authorities;

  3. make your e-mail address, postal address and/or other contact details available truthfully and correctly. At the same time, the Customer authorizes Dermocura Beauty to use this information to get in touch with the Customer (in this regard, please read the Privacy & Cookies Policy).

In the event that the Customer does not provide all the information that Dermocura Beauty will need, the same will not be able to follow up on the Order.

By placing an Order through this Site, the Customer guarantees to be of legal age (≥18 years) and to have the legal capacity to stipulate valid and binding contracts.

 

4. Our Products

The Dermocura Beauty Site is an online sales site for cosmetics, beauty products, clothing, household items and accessories (hereinafter, the "Products").


All Products are specifically illustrated on the Site, in separate sections, for each product category.


The visual reproduction of the Products, if available, has a purely indicative value aimed at representing them for sale without any guarantee by Dermocura Beauty regarding the exact correspondence of the image reproduced on the Site, with respect to the Product; this with particular reference to the chromatic aspects, or to the dimensions of the Product, or of the packaging itself.

 

5. Service Availability

In compliance with the provisions of EU Regulation 302/2018, Customers residing within the European Union will be able to place orders on the Site. In any case, it is expressly understood that the Customer is aware that Dermocura Beauty delivers its Products exclusively to within the Italian territory.

 

6. Completion of the Contract

The General Conditions and the information contained on the Site constitute a mere invitation to formulate a contractual proposal.


The purchase contract between the Customer and Dermocura Beauty will be considered finalized with the acceptance by Dermocura Beauty of the Order to the e-mail address provided by the Customer. Within the shipping confirmation message , Dermocura Beauty will indicate the "order number", which will be used in all subsequent communications with Dermocura Beauty . The confirmation message will contain all the information required by law, all the data provided by the Customer, who will be required to verify its correctness, providing to promptly communicate any errors. Any possible increase in costs due to errors not reported in a timely manner will be charged to the Customer.


The details of the Order will be summarized in the accounting document or in the electronic invoice, if required, which the Customer will find on the Site in the reserved area and which will be sent via email, if the Customer places the Order in "CUSTOMER" mode (hereinafter , the “Order Confirmation” ).

 

7. Availability of Products

All Product Orders are subject to the availability of the same. If there are supply problems, or if they are not available in stock, Dermocura Beauty reserves the right to provide the Customer with information on the availability of substitute Products of equal or higher quality and value, which the Customer may decide to order.


Should the Customer's interest in continuing the Order cease to exist, Dermocura Beauty will fully refund any amounts already paid in the meantime.

Dermocura Beauty also reserves the right at its sole discretion to remove any Product from the Site and/or to remove or modify the materials contained therein.


It is expressly understood that Dermocura Beauty will always do everything possible in order to follow up on the Orders placed on the Site. However, should circumstances arise that prevent the fulfillment and/or processing after sending the Order Confirmation, Dermocura Beauty reserves the right to do so.

Dermocura Beauty declines all responsibility towards the Customer and/or third parties for the possible removal of the Products from the Site and/or for the modification of the materials or contents of the same, or for the refusal to process the Order after sending it of the Order Confirmation itself.

 

8. Delivery of Products

Pursuant to these General Conditions, the Products ordered by the Customer on the Site will be delivered to the delivery address indicated by the Customer on the Order (hereinafter, the "Delivery Address").


In accordance with the provisions of article 5 above, Dermocura Beauty ships its products exclusively within the Italian territory.

Dermocura Beauty undertakes to deliver the Products without delay and in any case no later than 30 days from the Order Confirmation. The delivery of the Products will take place via couriers and consequently the times may depend on the Delivery Address.


In the event of impossibility to follow up on the delivery of the Products within the terms set out in the Order Confirmation, we will inform the Customer by providing any different options, setting a new delivery date, or allowing the Customer to cancel the Order, with the consequent refund of the full amount paid, no later than 14 days from confirmation of receipt in the warehouse.


Without prejudice to the foregoing, Dermocura Beauty assumes no responsibility in the event of a delay in the execution of the Order or in the delivery of the Products contained therein.

 

  • Shipping methods

The Customer has the right to choose the method of delivery of the Products to the Delivery Address.


Deliveries of Products can take place through:

- Deliveries by courier

In the event that the delivery is made through a courier, the courier himself will be responsible for delivering the Products to the Delivery Address and the same may request to sign a receipt (paper or electronic) certifying the successful delivery of the Products. Deliveries are made on working days from Monday to Friday, excluding any national holidays. If the Customer is not present at the Delivery Address, the same will receive a notice of "attempted delivery". The Customer must then contact the carrier or Dermocura Beauty in order to agree on a new delivery date.


In the event of impossibility to carry out a new delivery, the Products covered by the Order will be returned to Dermocura Beauty which will contact the Customer again. Should Dermocura Beauty fail to contact the Customer again in the following 10 (ten) days, or should delivery prove impossible due to the recipient's absence, the contract shall be deemed terminated pursuant to art. 1456 Civil Code.

Dermocura Beauty will reimburse the amounts already paid by the Customer, net of the costs of returning the products and storing them at the courier's warehouse.


The termination of the contract and the amount refunded will be communicated by Dermocura Beauty to the e-mail address indicated by the Customer and the refund will be made using the same means of payment used by the Customer for the purchase.

9. Transfer of risk and ownership of the products

The risks relating to the Products will pass to the Customer from the moment of their delivery.

 

10. Price and payment

10.2 Price

All the prices of the Products sold on the Dermocura Beauty Website are expressed in Euros and are the prices in force at the time the Order is sent by the Customer and are inclusive of VAT. Should changes to the applicable VAT rate occur, they will automatically be reflected in the sale price of the Products on the Site. Dermocura Beauty reserves the right to change the prices of the Products at its discretion and without notice. This change will be promptly notified to the Customer before sending the Order.


Shipping costs are not included in the Price of the Products indicated on the Site, they will be calculated and invoiced to the Customer in addition to the price of the Products. The Customer will view the shipping costs and the shipping method when sending the Order; the same will be visible in the summary of the Order before the request for confirmation of sending of the Order by the Customer.

Dermocura Beauty reserves the right to modify the shipping costs of the Products at any time and at its sole discretion. These modifications will not be applicable to Orders already sent and accepted by Dermocura Beauty .

The previous article 8 shows the different delivery methods and the corresponding times and costs.

 

10.2 Payment

Payment of the price of the Products can be made online upon confirmation of the Order by the Customer, by cash on delivery, credit card, debit card, gift card and/or vouchers.


Orders are to be understood in Euros and are inclusive of taxes and contributions. If taxes and contributions should be applied for the execution of the transaction, these are the sole responsibility of the Customer.


In the event of non-payment, partial payment of any sum to be paid by the Customer, or in the event of fraud or attempted fraud through the use of the Site, Dermocura Beauty reserves the right, at its sole discretion, without notice, to suspend or cancel the Order, or the shipment of the Products.

 

10.3 Methods of Payment

The methods of payment of the Price accepted by Dermocura Beauty are as follows:

  • Credit cards

  • Cash on delivery

  • PayPal

The credit cards accepted for payment of the Price on the Site are as follows: Visa, American Express and Master Card. These payment cards must be issued by a bank or financial institution based within the European Union.

When paying, data is entered directly on the bank's website, thus guaranteeing maximum security.

 

  • Dermocura Beauty gift card

The Customer can also use a "Gift Card" for payment, selecting Gift Card as the payment method in the shopping cart and (after choosing the shipping method) entering the number under the Barcode and the Security Code

 

  • Online coupons

Online vouchers are a credit issued exclusively by Dermocura Beauty in Italy and usable by the beneficiary only on the Dermocura Beauty website.

11. Returns/Exchanges Policy

11.1 Right of withdrawal by law

Right of withdrawal

In application of the provisions of article 52 of the Italian Consumer Code and without prejudice to the exclusions of article 59 of the same Code (referring to the hypothesis of supply of sealed goods, subsequently opened after delivery, which do not lend themselves to be returned for hygienic or health protection reasons such as: music CDs/DVDs, without the original wrapping, sealed goods which do not lend themselves to being returned for hygienic reasons and have been opened after delivery), the Client may, within 14 (fourteen) days from the acquisition of physical possession of the package containing the goods ordered or, in the case of the purchase of multiple goods in a single order and delivered separately, from the acquisition of physical possession of the last Product purchased, withdraw from the purchase contract without penalty and without the obligation to give reasons.

In order to be able to exercise the right of withdrawal, the Customer is required to inform Dermocura Beauty of his decision to withdraw from the contract through an explicit declaration (for example a letter sent by post, e-mail). For this purpose, you can use the model withdrawal form available at this link. The Customer may also send any other explicit declaration of his decision to withdraw from the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal

By exercising your right of withdrawal, in compliance with the provisions of this article, within the terms and according to the methods described below for the return of the products, you will be able to obtain:

  • reimbursement of the amount paid for the returned Products, including delivery costs (with the exception of additional costs deriving from the Customer's choice of a delivery method other than the least expensive standard shipping method offered by Dermocura Beauty), by crediting of the relative sum on the credit card (without prejudice in any case to the possibility for the Customer to opt for a different credit card on which to credit the refund) or Dermocura Beauty gift card, or in the event that the Order was paid by the use of online vouchers, the refund will be made through online vouchers on the Dermocura Beauty account;

  • the refund of the corresponding amounts will be made as soon as possible and in any case within 14 (fourteen) days from the date on which the Customer has exercised his right of withdrawal without prejudice to the right of Dermocura Beauty to withhold the refund until the goods has been returned.

The Customer is also responsible only for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods themselves.

 

11.2 Return of defective products

Pursuant to article 129 of the Consumer Code, in the event of a lack of conformity of the Product, the provisions of article 130 and 132 of the Consumer Code apply, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement. If these remedies should not be practicable, the Customer has the right to an appropriate reduction of the purchase price of the Product or to the termination of the contract. The Customer will be deemed to have lost this right in the event of failure to report to Dermocura Beauty within 60 days from the date on which the defect was discovered. Dermocura Beauty is responsible, in accordance with article 130 of the Consumer Code, when the lack of conformity occurs within two years of delivery of the goods. The action aimed at asserting the defects not fraudulently concealed by Dermocura Beauty is prescribed, in any case, within the term of twenty-six months from the delivery of the Product.

11.3 Right of withdrawal and return of orders placed from abroad

If the Customer has placed an Order outside Italy, from another member state of the European Union, through the Site, the provisions contained in articles 12.1, 12.2, 12.3 will be considered equally applicable. Dermocura Beauty will in no event or circumstance be responsible for bearing the shipping or return costs for sending products to or from destinations other than the original address within the Italian territory.

 

12. Liability and Disclaimer

Except as otherwise provided in these General Conditions, the liability of Dermocura Beauty with regard to the Products purchased on the Site will be limited exclusively to the purchase price of the Product in question.

Notwithstanding the foregoing, the liability of Dermocura Beauty is neither excluded nor limited in the following cases:

  1. Cases of death or personal injury resulting from our negligence;

  2. Cases of fraud or fraudulent activity;

  3. Any circumstance in which it would be illegal or illegal for us to exclude, limit or seek to limit or exclude our liability.

Without prejudice to the provisions of the previous paragraph and to the extent permitted by current legislation, and except where otherwise provided for in these General Conditions, Dermocura Beauty will not accept any liability for indirect damages, such as:

  1. loss of profit;

  2. loss of turnover;

  3. loss of earnings or loss of contracts;

  4. loss of expected savings;

  5. data loss;

  6. waste of office administration time.

The information and contents available on the Site are provided "AS IS" (in the state of affairs in which they are found), Dermocura Beauty makes no guarantee, express or implied, in relation to the integrity, timeliness, accuracy, non-infringement of rights of third parties, reliability, availability or completeness of information and content, including by way of example but not limited to, information on products, accessories or services appearing on the Dermocura Beauty Site or their suitability for a specific use. Dermocura Beauty will not be in any way responsible for the improper use of the Products by the Customer or the recipient of the Order, and, in particular, for the case of non-compliance with the instructions for use of the Products. Dermocura Beauty will not be in any way responsible for any damage caused to the Customer or to third parties deriving from non-compliant use.

 

DERMOCURA BEAUTY ALSO DECLINES ANY LIABILITY FOR DIRECT AND INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CONSEQUENTIAL AND/OR CONNECTED TO THE CUSTOMER'S USE OF THE SITE. IF AVON IS HELD LIABLE AS A RESULT OF A PREJUDICE SUFFERED BY THE CUSTOMER WHICH IS attributable SOLELY TO THE TRANSMISSION OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE CUSTOMER TO DERMOCURA BEAUTY.

Nothing in these General Conditions excludes or limits the liability of Dermocura Beauty towards the Customer and/or recipient of the Order for fraud, death or personal injury caused by the negligence of Dermocura Beauty , violation of the applicable provisions of the Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint presented by users of the Site, including all Customers, against Dermocura Beauty must be presented within six (6) months following the occurrence of the event which is the subject of the complaint.

 

13. Intellectual Property Rights

The Dermocura trademark and all figurative trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or denomination, image, photograph, written or graphic text, as well as any other intangible asset protected by international laws and conventions in the field of intellectual property and industrial property, reproduced on the Site remain the exclusive property of Dermocura and/or its assignees, without the Customer deriving any right as a result of access to the Site and/or from the stipulation of the Purchase Contracts on the same.


The use or reproduction in whole or in part of the same, without the prior written authorization of Dermocura Beauty is strictly prohibited.

 

14. Written Communications

Any communication or complaint by the Customer against Dermocura Beauty relating to each purchase contract must be communicated through the electronic communication tools referred to on this Site. The provisions referred to in this paragraph do not in any way limit the rights recognized by the current legislation.

 

15. Assignment of rights and obligations

The Customer is prohibited from transferring or assigning the Contract in any way, or any of the rights or obligations deriving from it, without the prior written consent of Dermocura Beauty .

Dermocura Beauty reserves the right to freely transfer, assign, subcontract or dispose of the Contract, or any right or obligation deriving from it, in any way and at any time.

 

16. Force majeure

Dermocura Beauty will not be held responsible or considered in breach of the obligations set out in these General Conditions for any delay, or failure to perform the obligations set forth therein, in the event that the delay or failure to perform is related to events that are outside the reasonable control of Dermocura Beauty (hereinafter, "Force Majeure Events").


Force Majeure Event means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, the following:

  1. Strikes, lockouts or other industrial action.

  2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.

  3. fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.

  4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.

  5. Breakdowns of personal computers, peripherals, blockages in the operation of public or private telecommunications networks, or electronic networks, long-term interruptions in electricity supplies, failures in computer systems, software, Dermocura Beauty networks that involve direct or indirect the normal execution of the contract.

  6. Acts, decrees, laws, regulations or restrictions of any government.

  7. Any major maritime, postal or other transport strike, disaster or accident.

It is expressly understood that Force Majeure Events determine the suspension of the fulfillment of the execution obligations referred to in the contract e.

In any case, it is understood that, while pending Force Majeure Events, Dermocura Beauty will take steps to find a solution to comply with its contractual obligations.

 

17. Waiver

If one of the Parties fails to claim against the other a violation of one of the provisions of these General Conditions, it will not be considered as a waiver to obtain the corresponding exact fulfillment thereof.

 

18. Partial Nullity

If one or more provisions of these General Conditions, or any of the provisions of the purchase contract, should be declared invalid or ineffective by a competent authority, the same is considered as not applied, while the other provisions will remain fully valid and effective.

 

19. Modification of the General Conditions

We reserve ourselves Dermocura Beauty reserves the right to modify and update these General Conditions, without prior notice.

The purchase of products on the Site will be governed by the General Conditions in force at the time of the order, except in the case in which modification of the General Conditions or of the Privacy & Cookies Policy must not be made in accordance with the law or at the request of a Government Authority, in this case the modification will be considered applicable to orders already transmitted.

 

20. Applicable Law

These General Conditions and the obligations arising from contracts for the purchase of products through the Site are governed by Italian law, as well as by national consumer protection legislation.

For any dispute between the Parties deriving from or relating to the interpretation, execution, validity or effectiveness of these General Conditions and/or the purchase contracts, the Judge of the place of residence or domicile of the consumer will have jurisdiction.