terms and conditions

TERMS AND CONDITIONS OF USE OF SALE DERMOCURA BEAUTY PERFUMERY

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 defined below) made 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, CF and VAT number 09211961215, telephone number 081 19172241, email address profumerie@dermocura.com.

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.

By sending a purchase order (hereinafter, the “Order”), the Customer fully and unconditionally accepts these General Conditions.

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

The information or personal data provided will be processed in accordance with 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. use 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 placed, it will be authorized to cancel it and inform the Competent Authorities;

3. make available the email address, postal address and/or other contact data in a truthful and correct manner. At the same time, the Customer authorizes Dermocura Beauty to use said information to put us in contact 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 latter will not be able to follow up on the Order.

By placing an Order through this Site, the Customer warrants that he or she is of legal age (≥18 years) and has the legal capacity to enter into 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 within the Site, within distinct sections, for each product category.

The visual reproduction of the Products, if available, has a merely 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 the dimensions of the Product, or of the packaging itself.

 

5. Availability of the service

In accordance with the provisions of EU Regulation 302/2018, Customers residing within the European Union may place orders on the Site. In any case, it is expressly understood that the Customer is aware that Dermocura Beauty delivers its Products exclusively 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 perfected with the acceptance by Dermocura Beauty of the Order to the email address provided by the Customer. In 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, promptly communicating any errors. Any additional costs due to errors not reported promptly will remain the responsibility of the Customer.

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

 

7. Product Availability

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

Should the Customer lose interest in continuing the Order, 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 its utmost to follow up on Orders placed on the Site. However, should circumstances arise that prevent fulfillment and/or processing after the Order Confirmation has been sent, Dermocura Beauty reserves the right to do so.

Dermocura Beauty declines all responsibility towards the Customer and/or third parties for any removal of the Products from the Site and/or for the modification of the materials or contents thereof, or for the refusal to process the Order after the sending 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 the previous article 5, Dermocura Beauty ships its products exclusively within 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 be made by couriers and consequently the timing may depend on the Delivery Address.

In the event that it is not possible to follow up on the delivery of the Products within the terms indicated in the Order Confirmation, we will inform the Customer by providing any different options by setting a new delivery date, or by allowing the Customer to cancel the Order, with the consequent refund of the entire amount paid, no later than 14 days from confirmation of receipt in the warehouse.

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

 

• Shipping methods

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

Deliveries of the Products may take place through:

- Courier deliveries

In the event that delivery is made by a courier, the courier itself will be responsible for delivering the Products to the Delivery Address and may request that a receipt (paper or electronic) be signed attesting to the 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, he/she 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 make a new delivery, the Products subject to the Order will be returned to Dermocura Beauty who will contact the Customer again. If Dermocura Beauty is unable to contact the Customer again within the following 10 (ten) days, or the delivery is impossible due to the absence of the recipient, the contract shall be considered terminated pursuant to art. 1456 of the Civil Code.

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

The termination of the contract and the amount to be refunded will be communicated by Dermocura Beauty to the email address indicated by the Customer and the refund will be made using the same payment method 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 prices of the Products sold on the Dermocura Beauty Site 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 be necessary, these will be automatically reflected in the sales price of the Products on the Site. Dermocura Beauty reserves the right to change the prices of the Products at its own discretion and without notice. Said change will be promptly reported 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 see the shipping costs and the shipping method when sending the Order; they will be visible in the Order summary before the Customer requests confirmation of sending the Order.

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

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

 

10.2 Payment

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

Orders are to be understood in Euros and include taxes and contributions. If taxes and contributions are 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 amount due 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 Payment Methods

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

• Credit cards

• PayPal

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

When making a payment, the 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, by selecting Gift Card as the payment method in the 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 can be used 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 set out in Article 59 of the same Code (referring to the hypothesis of supply of sealed goods, subsequently opened after delivery, which are not suitable for return for reasons of hygiene or related to health protection such as: music CDs/DVDs, without the original packaging, sealed goods which are not suitable for return for reasons of hygiene and have been opened after delivery), the Customer 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 having to provide a reason.

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

To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires. Effects of withdrawal

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

• the refund of the amount paid for the returned Products, including delivery costs (with the exception of additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard shipping method offered by Dermocura Beauty), by crediting the relevant amount to the credit card (without prejudice in any case to the Customer's option 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 for using online vouchers, the refund will be made using 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 exercised his right of withdrawal, without prejudice to the right of Dermocura Beauty to withhold the refund until the goods have been returned.

The Customer is also only responsible for the decrease in value of the goods resulting from 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 Articles 130 and 132 of the Consumer Code apply, the Customer has the right to restore, free of charge, the conformity of the goods through repair or replacement. If these remedies are not practicable, the Customer has the right to an appropriate reduction in the purchase price of the Product or to the termination of the contract. The Customer will be deemed to have forfeited this right in the event of failure to report to Dermocura Beauty within 60 days of the date on which the defect was discovered. Dermocura Beauty is liable, pursuant to Article 130 of the Consumer Code, when the lack of conformity becomes apparent within two years of delivery of the goods. The action aimed at asserting defects not fraudulently concealed by Dermocura Beauty expires, in any case, within twenty-six months of delivery of the Product.

11.3 Right of withdrawal and return of orders placed from abroad

If the Customer has placed an Order outside of 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 not, under any circumstances, bear the costs of shipping or return for sending products to or from destinations other than the original address within the Italian territory.

 

12. Liability and exemption from liability

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

Without prejudice to the above, the liability of D ermocura Beauty is neither excluded nor limited in the following cases:

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

2. Instances of fraud or fraudulent activity;

3. Any circumstances in which it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided 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 profits or loss of contracts;

4. loss of expected savings;

5. data loss;

6. waste of office administration time.

The information and content available on the Site are provided "AS IS" (in the state in which they are found), Dermocura Beauty does not provide any guarantee, express or implicit, in relation to the integrity, timeliness, accuracy, non-infringement of third party rights, reliability, availability or completeness of the information and content, including but not limited to information on products, accessories or services that appear 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 failure to comply with the instructions for use of the Products. Dermocura Beauty will not be in any way responsible for any damage caused to the Customer and/or third parties resulting from non-compliant use.

 

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

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

 

13. Intellectual Property Rights

The Dermocura brand and all figurative trademarks (registered and unregistered), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts, as well as any other intangible assets protected by international laws and conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of Dermocura and/or its assignees, without the Customer being granted any rights over the same as a result of access to the Site and/or the stipulation of the Purchase Contracts.

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

 

14. Written communications

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

 

15. Assignment of rights and obligations

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

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

 

16. Force majeure

Dermocura Beauty shall not be held liable or deemed to be in breach of its obligations under these Terms and Conditions for any delay, or failure to perform its obligations hereunder, if the delay or failure is related to events that are beyond the reasonable control of Dermocura Beauty (hereinafter, "Force Majeure Events").

Force Majeure Events means any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited to, the following:

1. Strikes, lockouts or other industrial action.

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

3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.

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

5. Failures of personal computers, peripherals, blocks in the functioning of public or private telecommunications networks, or electronic networks, long-term interruptions in electricity supplies, failures of computer systems, software, networks of Dermocura Beauty which directly or indirectly involve the normal execution of the contract.

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

7. Any strike, disaster or accident involving shipping, post or other means of transport of any significance.

It is expressly understood that Force Majeure Events determine the suspension of the fulfillment of the performance obligations under the contract and.

In any case, it is understood that, even in the event of Force Majeure Events, Dermocura Beauty will take steps to find a solution to comply with its contractual obligations.

 

17. Waiver

Should one of the Parties fail to assert against the other a violation of one of the provisions of these General Conditions, this shall not be considered as a waiver of the right 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 shall be considered as not having been included, while the other provisions shall remain fully valid and effective.

 

19. Modification of the General Conditions

We reserve 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 event that changes to the General Conditions or the Privacy & Cookies Policy must be made pursuant to the law or at the request of a Government Authority, in which case the change will be deemed applicable to orders already transmitted.

 

20. Applicable Law

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

For any dispute between the Parties arising 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 shall have jurisdiction.