1.1. These General Terms and Conditions of Sale apply to the purchase of Products (hereinafter "Products") through the e-commerce site www.shopcoswell.com (hereinafter the "Site") by users who qualify as "Customers" according to article 1.2 below. The Site is managed by INCOS COSMECEUTICA INDUSTRIALE S.r.l. Via P. Gobetti, 4 40050 Funo di Argelato (Bo) VAT No. 0258806120 REA: BO-268945 and deals with the supply of Products.
1.2. Purchases of Products made through the Site will see as parties, INCOS COSMECEUTICA INDUSTRIALE S.r.l, as the Seller (hereinafter the "Seller"), and the subject making the purchase of one or more Products (hereinafter the "Customers"), (the Seller and the Customer will hereinafter be collectively referred to as the "Parties").
1.3. Any Customer communication connected and/or related to the purchase of the Products - including any notifications, complaints or requests concerning the purchase and/or the delivery of Products, the exercise of the right of withdrawal, etc. - should be sent to the Seller using the contact details and according to the procedures indicated on the Site to the email address firstname.lastname@example.org via the freephone number 800185478 (active from Monday to Friday from 9 am to 1 pm and from 2 pm to 6 pm)
1.4. Every purchase is regulated by the General Terms and Conditions of Sale in the version published on the Site when the Customer places the order.
1.5. If one or more sales are made in respect of a subject who does not qualify as a "Customer" according to Legislative Decree. 206/2005, these General Terms and Conditions of Sale will apply but, by way of a derogation from the provisions therein:
a) the buyer will not have the right of withdrawal referred to in Article 10;
b) the buyer shall not benefit from the guarantee on the Products referred to in article 8;
c) the buyer will not be entitled to any other protections, provided here in favour of the Customer, that reflect or are in accordance with the mandatory legal provisions;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.6. At the same time as the sending the purchase order, the Customer agrees that the confirmation of the information regarding the order and these General Terms and Conditions of Sale are sent via email to the address declared when registering on the Site or during the purchase process.
1.7. In order to be able to make purchases via the Site, the Customer must be of legal age (18 years) and be legally responsible for their actions, which the Customer declares to be the case.
1.8. The Customer is solely liable for any costs for the Internet connection to the Site, including telephone, in accordance with the tariffs applied by the operator selected by the Customer.
2. Products characteristics and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and in accordance with the General Terms and Conditions of Sale published on the Site at the time of receipt of the order by the Customer, with the exclusion of any other terms or conditions.
2.2. The Seller reserves the right to amend these General Terms and Conditions of Sale at any time at its discretion, without the need to provide Site users with any notice. Any changes will be effective from the date of publication on the Site and will only apply to sales made from that date.
2.3. The prices of the Products for sale on the Site and/or their characteristics are subject to change without notice. Before sending the purchase order pursuant to paragraph 3, the Customer is asked to check the final sales price.
2.4 The Site can be accessed from all over the world. However, Products available on the Site can only be bought by users who request their delivery in Italy.
3. How to purchase the Products - Completion of any single purchase contract
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Customer to make a contractual purchase proposal and not an offer to the public.
3.3. The Customer purchase order is accepted by the Seller by sending the Customer an order confirmation email to the email address provided by them to the Seller when registering on the Site or by sending the order if the Customer is not registered with the Site, which will indicate the link to the text of these General Terms and Conditions of Sale, the order summary and a description of the characteristics of the Products ordered. Customer order, the Seller’s order confirmation and the General Terms and Conditions of Sale applicable to the relationship between the Parties will be electronically archived by the Seller in their computer systems and the Customer may request a copy by sending the Seller a communication via email to the address email@example.com .
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Customer receives the order confirmation from the Seller by email.
4. Procedure for selecting and purchasing Products
4.1. The Products presented on the Site may be purchased by selecting the Customer’s Products of interest and entering them in the appropriate virtual shopping basket. After selecting the Products, to purchase the Products in the basket, the Customer will be invited to (i) register with the Site, by providing the required data, or (ii) log in, if the Customer has already registered or (iii) provide information in order to complete the order and enable the contract to be completed. If the data indicated in the order are different from those provided when registering on the Site, the Customer will be prompted to confirm their information (by way of an example but not limited to: first name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and a telephone number where they can be contacted for any communications relating to the purchase. The Customer will view a summary of the order to be placed, whose contents they may amend: then, the Customer, after careful reading, must expressly approve these General Terms and Conditions of Sale, using the special check-box present on the Site and finally with the "Enter order” button, the Customer will be asked to confirm their order, which will then be finally sent to the Seller and produce the effects described under para. 3.2 above of this contract. The Customer will also be asked to choose the shipping and payment method from those available. If the Customer selects the immediate payment method (at the time of the purchase) by credit card or PayPal, they must provide the relevant information over a secure connection. For accounting and administrative requirements, the Seller reserves the right to check the details indicated by the Customer. If payment is made by credit card, the purchase amount will only be charged when the Seller sends the Customer the order confirmation.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information should be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything it can to comply with the delivery times indicated on the Site and in any case to deliver within a maximum period of 30 (thirty) days from the day following that on which the Customer sent the order. In the event of the non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will notify the Customer in writing and will arrange the refund of any sums already paid by the Customer for payment of the Product pursuant to para. 5.3. below.
5.3. The Products ordered by the Customer will be delivered according to the method selected by the Customer, from those available and indicated on the Site when sending the order. The Customer undertakes to promptly check and as soon as possible that delivery includes all and only the Products purchased and promptly informs the Seller of any defect in respect of the Products received or differences with respect to the order, according to the procedure referred to in art. 8 of these General Terms and Conditions of Sale, otherwise the Products shall be deemed accepted. If the packaging or casing of the Products ordered by the Customer arrive at the destination clearly damaged, the Customer may refuse the delivery by the carrier/freight forwarder or accept the delivery "with reservations".
6. Prices, shipping costs and taxes
6.1. The price of the Products is that indicated on the Site with the sending of the order by the Customer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs which are calculated before order confirmation is sent to the Customer by the Seller and that the Customer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Customer will pay the Seller the total price, as indicated in the order and order confirmation sent by email to the Customer by the Seller.
7.1. The Customer expressly agrees that the execution of the contract by the Seller will start when the price of the Product(s) bought are credited to the Seller’s current account.
7.2. Payment can be made by credit card, PayPal or by using the tick under the conditions described below. The Seller may allow additional payment methods, by indicating them in the Payments section of the Site.
7.3. If payment is made by credit card, the Customer will be transferred on a protected site and the credit card information will be communicated to Banca Sella S.p.A. directly, whose registered office is in Biella (Italy), Piazza Gaudenzio Sella, 1 - 13900 Biella, entered the Chamber of Commerce (CCIAA) of Biella Vat No. 02224410023, an operator who takes care of payments on behalf of the Seller. The information forwarded will be sent in protected mode, by means of an encrypted transfer of information with the 128-bit SSL (SecureSocketLayer) system. This information is not even accessible to the Seller.
7.4. The conclusion of an order for which payment is required upon delivery (check-box) involves the obligation by the Customer, to accept the delivery and pay the amount agreed.
Incos expressly reserves the right to take any further appropriate legal action, if appropriate, to recover any costs incurred in the event of non-delivery of the order for reasons attributable to the customer.
8. Seller’s legal guarantee of conformity, indication of conformity defects and activated warranties
8.1. Pursuant to and for the effects of European Directive 44/99/EC and of Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees the Customer that the Products will be free of design and material defects as well as complying with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. No warranty can be activated if the Product is used in a way that does not conform to the Product’s specific use and the instructions/warnings about it provided by the manufacturer, or reported in the reference illustrative documentation is excluded.
8.2. This warranty will be forfeited unless the Customer reports any defects and non-conformities within and no later than 10 (ten) days from their discovery (i.e. within and no later than the most favourable period established by Italian Legislative Decree 206/2005, if applicable), by sending the Customer Services Department the form correctly completed to the address firstname.lastname@example.org, with an indication of the defect and/or the non-conformities found as well as the supporting documentation indicated in the return form (at least 1 (one) photograph of the Product and the order confirmation sent by the Seller).
8.3. Following receipt of the form and the documentation, the Seller will assess the defects and the non-conformities reported by the Customer via the Customer Services Department of INCOS COSMECEUTICA INDUSTRIALE S.r.l and, after having carried out quality controls designed to verify the actual non-conformity of the Product, decide whether to authorise the return of Products by providing the Customer with a reply, containing the "Return code", via email to the address provided by the Customer when registering on the Site or when placing the order. The authorisation to return the Products will in no way recognise defects or non-conformities, the existence of which must be ascertained subsequently to the refund. The Products for which the Seller has authorised the refund will be returned by the Customer, together with a copy of the return authorisation notice indicating the "Return code", within 30 (thirty) days from the report of the defect or non-conformity to the following address: INCOS COSMECEUTICA INDUSTRIALE S.r.l c/o Markeven s.r.l. via Guareschi 101/105 - 41126 Modena.
8.4. If the Seller is required to refund the Customer the price paid, the refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer. The Customer will be responsible for notifying the Seller of their bank details for the bank transfer and ensuring that the Seller is able to repay the sum due, again by email to the address email@example.com.
9. Liability for damage from faulty Products
9.1. Any damage caused by faults to the Products is subject to the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code). The Seller, as the distributor of the Products via the Site, is waived of any liability, not excluding and/or exempting any, by indicating the name of the manufacturer of the product.
10. Right of withdrawal
10.1. The Customer is entitled to withdraw from any contract concluded pursuant to these General Terms and Conditions of Sale, without any penalty, within 14 (fourteen) days starting from the day of receipt of the Products ordered, for any reason and without needing to justify their decision in any way.
10.2. For the purposes of exercising the right of withdrawal, the Customer must send the Seller the form correctly completed, within the said period, via email to the address firstname.lastname@example.org .
10.3. If the goods have not been shipped to the Customer, the withdrawal will be exercised with receipt of said email by the Seller.
10.4. If the Products are shipped to the Customer as a result of receipt of said email, the Seller will send the Customer the return code by email. The Customer will need to write the return code on the form referred to in paragraph 10.2 above in the next 14 days and return the Products to the Seller, together with the form referred to in paragraph 10.2 above suitably filled in and complete with the return code and forward them or deliver them to INCOS COSMECEUICA INDUSTRIALE S.r.l c/o Markeven s.r.l. via Guareschi 101/105 - 41126 Cognento di Modena
10.5. It is understood that the risks and costs of transport related to returning the Products to the Seller will be charged to the Customer.
10.6. To ensure that the right of withdrawal is validly exercised, the Products shall be delivered or in any case received by the Seller intact (without any signs of wear, abrasion, scratching, scuffs, deformation, etc.), complete with all their parts and accessories (including boxes, labels, etc. attached to the product), accompanied by the enclosed instructions/notes/manuals, the original packages and packaging and the warranty certificate, where present. Otherwise, the Customer will not be entitled to a refund of the amount paid. To this end, therefore, covering the original wrapping of the Products with other protective packaging that preserves the integrity and protects it during transport also by using writing or labels is recommended.
10.7. The Seller shall take delivery of the Products returned, reserving the right to check that they have been returned under the conditions described in para. 10.6.
10.8. If the check of the returned Products has been successful and the right of withdrawal has been validly exercised by the Customer by the deadlines and according to the procedures laid down, the Seller will refund the Customer the whole amount paid for the purchase of the Products, including shipping costs, as soon as possible and in any case within 14 (fourteen) days. Any shipping costs and duties or additional fees for returning the Product to the Seller shall in any case be borne by the Customer.
10.9. The refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or by bank transfer to the Customer; the Customer must notify the Seller of their bank details for the bank transfer and to ensure that the Seller is able to repay the sum due, always by email to the address email@example.com. If the payment was made by credit card, the refund will be issued within the periods indicated directly by refunding the sum due to the credit card used by the Customer for payment. If the payment was made by PayPal, the refund will be issued within the periods indicated directly by refunding the sum due to the account used by the Customer for payment.
11. Intellectual property rights
11.1. The Customer declares being informed that all trademarks, names, as well as any distinctive sign, name, image, photo, written text or graph used on the Site or on the Products are and shall remain the exclusive property of INCOS COSMECEUTICA INDUSTRIALE S.r.l and/or its successors in title, without access to the Site and/or the purchase of Products granting the Customer any right thereto.
11.2. The content of the Site may not be fully or partially reproduced, transferred by electronic or conventional means, amended, or used for any purpose without the prior written consent of INCOS COSMECEUTICA INDUSTRIALE S.r.l.
12. Customer information and privacy protection
12.2. The Customer represents and warrants that the information supplied to the Seller during the registration and purchase process is correct and truthful.
12.3. The Customer may update and/or edit the personal information provided to the Seller at any time via the appropriate "Account" section of the Site, accessible after logging in.
13.1. Although the Seller uses measures to protect personal information against loss, falsification, manipulation and misuse by third parties, due to the technical characteristics and limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Customer on the Site, even after the Customer has logged in, are not accessible or visible by unauthorised third parties.
13.2. The Seller, in relation to the information relating to credit card payments uses the services of the company Banca Sella S.p.A. adopting technological systems designed to ensure the highest levels of reliability, security, and confidentiality when sending information online.
14. Applicable law, conciliation attempt and competent court
14.1. Except for contracts concluded with the subjects mentioned in article 1.6 above, subject to the exclusive jurisdiction of the Courts of Bologna, any sales contract concluded between the Seller and Customers pursuant to these General Terms and Conditions of Sale shall be governed and interpreted in accordance with Italian law and in particular Legislative Decree No. 206 of 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects relating to electronic commerce. In any case, they will be subject to any rights granted to Consumers by mandatory legislation.
14.2. In the case of disputes between the Seller and a Customer, the dispute shall be referred exclusively to the Court of Bologna, except in cases where this provision does not apply because of statutory rules mandatory provisions in force in the Customer’s country of residence.