TERMS OF SALE
ART. 1 SUBJECTS
Supplier: Dhea Mather © VAT NUMBER / FISCAL CODE 01121090953 ADDRESS: Via G.Deledda n ° 29 09086 SAMUGHEO (OR) SARDINIA ITALY
Customer: the person identified by the data entered when registering and accepting these general conditions (hereinafter referred to as the Customer).
ART. 2 SUBJECT OF THE SERVICE
Through the e-commerce service, the Supplier provides the Customer with a virtual store from which it is possible to view and purchase cosmetic products distributed by the Supplier. The Customer can view the electronic catalog and the Supplier’s offers and purchase products from the Supplier based on these sales conditions.
ART. 3 ACCEPTANCE OF THE GENERAL SALES CONDITIONS.
All contracts will be concluded directly by accessing the website corresponding to the address www.dheamather.it where the customer can conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
The present general sales conditions are an integral and essential part of the sales contract, for this reason they must be examined “online” by the Customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of them and their full acceptance.
The general sale conditions can be updated or modified at any time by the Supplier who will communicate it via it’s website pages.
The Customer, by electronically sending the confirmation of his purchased order, unconditionally accepts and takes responsability by observing, in his relations with the Supplier, the general sales conditions, including the payment conditions shown below and declares to have read and accepted all the information provided.
ART. 4 PRICES AND WARRANTY
All sale prices of the marketed products are clearly visible and displayed on the website www.dheamather.it, they constitute a public offer pursuant to article 1336 of the civil code
Unless it’s specifically stated in writing all prices shown are “VAT included” and expressed in Euros. Shipping costs are considered excluded from the product’s price and, separately specified, are charged to the Customer.
The validity of the prices indicated is always and only the one shown by the procedure at the moment in which the order is forwarded to the Supplier.
In accordance to the current tax legislation, no type of fiscal document relating to the placed order is issued. However, the Customer may request an invoice.
ART. 5 PAYMENT
It’s possible to pay with:
Paypal (or credit card)
Advanced bank transfer to:
DHEA MATHER by Frongia Paolo Banco di Sardegna Samugheo
ART. 6 PURCHASED ORDERS.
Once you have selected the product you want to buy, add it to the cart and proceed with the payment in the “CHECK-OUT” section, choose the payment method and you’ll receive a copy of the order via email
Each order is characterized by an order number and specifies the date when it was forwarded to the system, the item details, the shipping costs, the individual prices including VAT in Euro and the total cost summary including VAT.
The order’s receipt in the Supplier’s information system does not bind the Supplier until he has sent a written confirmation via email to the address communicated by the Customer during the first registration phase.
ART. 7 PRICES, METHODS AND DELIVERY TIMES.
The Supplier carries out shipments by courier service. Shipping costs and other charges related to the transport and / or shipment of the products are included and detailed in the confirmed order and the purchase invoice.
The purchased goods will be delivered within the terms of the art. 61 of the Legislative Decree 21/2014. No responsibility can be attributed to the Supplier for late or non-delivery due to force majeure or unforeseeable circumstances.
Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays in the ways indicated by the courier chosen by the Customer. Delivery is considered completed when the product becomes available to the Customer at the address specified in the order form.
After the second delivery attempt, the order will be stored at the courier’s premises and the storage costs will be charged to the customer.
According to the art. 63 of the Consumer’s Code, upon receipt of the goods at home, the Customer must verify the integrity of the package and the quantitative and qualitative correspondence with what is specified in the accompanying document. It is understood that, once the delivery document has been accepted and signed, the Customer can no longer raise any objection regarding the external characteristics of what was delivered.
ART. 8 CUSTOMER’S OBLIGATIONS.
The Customer, once the online purchase procedure has been completed, should print and keep the present general conditions, which should have been already viewed and accepted as an obligatory passage of the purchase, as well as the specifications of the products being purchased.
It is strictly forbidden for the Customer to enter false, and / or invented, and / or fantasy data, in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and the email must be exclusively their real personal data and not of third parties, or of fantasy.
It is expressly forbidden to enter data of third parties. The Supplier reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
The Customer relieves the Supplier from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, being himself solely responsible for the incorrect entry.
Art. 9 Complaints, shipment delays, Product replacement delivered by mistake.
The customer has the right to communicate any problems (delivery errors or delays) to the e-mail address: firstname.lastname@example.org
In the event that a product other than the one object of the order and purchase was delivered due to a mere material error, you have the right to have the product replaced, provided that you notify us of the problem in writing no later than five days from the delivery of the product itself.
In this case, Dhea Mather will replace the product once the returned goods have been delivered and the condition of the goods has been checked, thus proceeding to re-forward the correct product. All items must be returned and received at the office of Dhea Mather intact and in the same state in which they were received by the customer, provided with the original packaging.
The return costs will be covered by Dhea Mather that will collect the goods by courier service. The customer is required to comply with the procedures by taking charge of the product, which he claims to accept in full and without exception, provided by the courier appointed by Dhea Mather
Art. 10 Right of withdrawal.
According to art. 52 of the Legislative Decree 21/2014, the Customer may exercise the right of withdrawal and return the products received, in compliance with the terms and conditions set forth below.
The Customer that for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased product, by sending , within the aforementioned deadline, notice of withdrawal in the following ways:
by registered letter with return receipt to the following address: Dhea Mather Via Grazia Deledda n ° 29 09086 SAMUGHEO (OR) an email to the following email address: email@example.com directly from your account on www.dheamather.it
The return costs will be covered by Dhea Mather who will collect the goods by courier service within 14 days from the day we receive the information of your decision to withdraw from this contract. The customer is obliged to comply with the procedures by taking charge of the product, which he claims to accept in full and without exception, provided by the courier appointed by Dhea Mather.
All items must be returned and received by the Supplier’s head office intact and in the same state in which they were received, with their original packaging.
The Customer is the only responsible for the decrease in value of the goods resulting from the excessive handling of the goods other than necessary to establish the nature, characteristics and functioning of the goods.
In the event that all of the conditions and obligations of the consumer set out in the previous points have been met, the Supplier will send an email confirming the acceptance of the returned goods.
Furthermore, the Supplier will refund the sale price including the delivery costs according to the same method of payment chosen by the Customer, with the value refunded within the fourteenth day following the date on which the Supplier has been informed of the customer’s decision to exercise the right of withdrawal.
The actual time for the reimbursement of the amount paid by the Customer for the purchase of the returned products depends on the company that issued the card.
Withdrawal model form pursuant to article 49, paragraph 1, letter h)
(complete and return this form only if you wish to withdraw from the contract)
– Recipient [name, geographical address and, if available, telephone number, fax number and e-mail addresses must be entered by the professional]:
– We hereby (*) notify you of the withdrawal from my / (*) sales contract for the following goods / services (*)
– Ordered on (*) / received on (*)
– Consumer’s name (s)
– Consumer’s address (es)
– Consumer’s signature (s) (only if this form is notified in paper version)
(*) Delete the useless wording.
The right of withdrawal does not apply in the event of:
– supply of sealed goods that cannot be returned for hygienic reasons or connected to health protection and that have been opened after delivery or in the case of supply of products that are inseparably mixed after delivery, with other goods;
Art. 11 Non-conformity of products and defective products
In case of lack of conformity of the Products purchased with respect to the description published on the Site and in case of faulty or defective products, the Customer has the right to receive an immediate reimbursement for the non-conforming goods, upon sending photographs through the form present in the Customer Service section that highlight the damage or non-conformity of the products.
Communication from Dhea Mather staff will follow with the indication of the reimbursement method that will take place, at the Customer’s discretion, also through discount vouchers on the next purchase higher than the value of the goods to be refunded, excluding any further liability of Dhea Mather., in any capacity.
The provisions concerning the legal guarantee of conformity of the goods, provided by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) are reserved.
ART. 12 GUARANTEES GIVEN BY THE CUSTOMER.
The Customer guarantees, taking full responsibility and relieving the Supplier from any prejudicial consequence, that his / her data, supplied at the time of acceptance of these general conditions, are true and allow the identification of the Customer’s true identity.
The Customer has also the responsability to immediately inform the Supplier in writing, including by email, of any variation of the data provided.
The Customer is also informed of the need to communicate to the Supplier a valid email address in order to allow the Supplier to forward order confirmations and any other communication.
Art. 13 Express termination clause.
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 5, are essential, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the termination of the contract pursuant to art. 1456 of the Civil Code, without the need for judicial ruling, without prejudice to the right of the Supplier to sue for compensation for further damage.
ART. 14 LIABILITY LIMITATIONS.
The Supplier declines all responsibility for malfunctions, service interruptions, performance degradation whether or not these are due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier due to his fraud or gross negligence.
Art. 15 LIABILITY.
The Supplier assumes no responsibility for disruptions caused by force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution in the time agreed by the contract.
The Supplier will not be liable to any party or third parties for damages, losses and extra costs incurred as a result of failure to execute the contract for the reasons mentioned above, as the Customer is only entitled to a refund of the price paid.
The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, upon payment of the purchased product. The Supplier at no time during the purchase procedure is able to know the data of the Customer’s credit card, which will transmit them directly to the payment service provider without intermediaries and to which it will be connected automatically, returning to the Supplier’s site at the end of the procedure.
According to art. 63 of the Consumer Code, any damage to the packaging must be immediately challenged by you by placing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any dispute, it will be precluded from any exception regarding the external characteristics of the delivered items. In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and loss of the products is transferred directly to you at the time of delivery to the carrier, precluding any dispute regarding to the external characteristics of what was delivered. In this case, any dispute must be moved by you against the carrier.
For any damage caused by a defective product, the provisions of the European Directive 85/374 / EEC and Italian Legislative Decree n.206 / 2005 (Consumer Code) are applied, as amended by the Legislative Decree n. 21/2014. Dhea Mather in quality of distributor of the products is relieved from any responsibility, none excluded and / or excepted, indicating the name of the relative producer of the product.
Art. 16 Validity of communications.
The Customer agrees that the notification and communications regarding all online services (including those relating to purchased orders) are made by the Supplier in electronic format email and via Web service, it recognizes its full validity and expressly renounces, from now on, to refuse to acknowledge the content of the declarations sent and / or received in electronic format.
ART. 17 CONNECTION COSTS
For all online services on the site, the connection costs, charged by the Provider used by the Customer for the connection to which the Customer himself must turn to obtain the necessary information, are applied.
Art. 18 Jurisdiction and competent court.
Any dispute relating to the application, execution, interpretation and violation of purchased contracts stipulated “online” via the website www.dheamather.it is subject to Italian jurisdiction.
These general conditions are reported, although not expressly provided for therein, in conjunction with the Civil Code and the Legislative Decree 21/2014.
For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is a consumer, that is a natural person who buys the goods for purposes not related to his professional activity, and not legal persons or natural persons that act for purposes related to their professional activity, the territorial competence is of the reference court of their municipality of residence; in all other cases, the territorial jurisdiction is exclusively of the court of the headquarters of Dhea Mather.
The European resident Consumer is informed that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European Consumer to resolve non-judicially any dispute relating to contracts for the sale of goods and services stipulated on the network and / or deriving from them. Consequently, if you are an established consumer in Europe, you can use this platform to resolve any dispute arising from the online contract entered on this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr