General terms and conditions of sale:
The following conditions apply to the sale via telematic means of all editoriali products available for purchase on the ecommerce.estetica.it platform (“General Terms and Conditions of Sale”) owned by Edizioni Esav, tax code and VAT code IT 05215180018, with legal headquarters in Torino, Via Cavour 50, registered to operate in Turin’s Business Register under the number TO / 272-1987-1270. The Customer is asked to read these General Terms and Conditions of Sale carefully before purchasing; by making any order, the Customer is understood to implicitly accept all Terms and Conditions of Sale, herewith specified.
"Customer": this refers exclusively to the professional, natural or legal person, who makes a business order via the website ecommerce.estetica.it.
"Confermation of order": the automatic document emitted by the Supplier once the order has been accepted.
"Contract": each and every agreement made between the Supplier and Customer, regarding the purchase by the Customer of one of more editorial products.
"Supplier": this refers to Edizioni Esav, tax code and VAT code IT 05215180018, with legal headquarters in Torino, Via Cavour 50, registered to operate in Turin’s Business Register under the number TO / 272-1987-1270.
"Order": every offer to buy, of one of more editorial products, made by the Customer through the website.
"Product or Products": the editoriali products advertised on the website for sale to Customers; the Supplier reserves the right to change the products available at any time.
"Website": the entire collection of web pages available for consultation by accessing the address ecommerce.estetica.it.
2. Customer Registration
Before purchasing the products, the Customer must complete a registration procedure on the website, providing the Supplier with (in accordance with current privacy laws) all the data and information (including for example, name, surname, company name, VAT code, delivery address, communication address) necessary for the Supplier to deliver confirmed orders correctly.
The Customer accepts all responsibility for the truth of information provided at the time of registration, whilst in no event will the Supplier be held responsible for problems or delays caused by incorrect data provided. The Customer has the right to correct, add or change his/her personal data at any time.
3. Contract completion
Once the Customer has registered, he/she may select one of more products to purchase, and store them in the virtual shopping basket, which can be viewed/modified right up to the moment the order is actually submitted.
By clicking on “Confirm my Order” the Customer will send the purchase order of all selected products to the Supplier; each order constitutes an official agreement to purchase on the part of the Customer. When sending the order, the Customer must declare that he/she has viewed and accepts the General Corditions of Sale – a specific box will appear on the website. If this declaration is not made, the order will not be accepted or set in motion by the Supplier.
Once the order has been received, the Supplier will send an email to confirm receipt (although this does not constitute in any way acceptance of the order – it is simply to confirm that the order has been received and submitted for evaluation of valid registration and availability of products).
The contract with the Supplier will be validated from the moment the Supplier sends a separate email of Order Confirmation with formal acceptance of the order, an order reference number and information regarding delivery. The Order Confirmation email signals the end of the purchase agreement regulated by the special conditions in the Order Confirmation and General Terms and Conditions of Sale.
The Supplier reserves the irrevocable right to refuse certain orders, including those which are particularly problematic to fulfil, with incomplete or inaccurate data, or any other reason not specifically laid down here. In such cases, any payment already made will be wholly reimbursed without any cost or fee, whilst the Customer may not make any kind of compensatory claim from the Supplier.
Once sent, the order may no longer be modified. In the event that the Customer needs to make an alteration to the order, it is necessary to contact Customer Care via email, and arrange the necessary changes. Any modifications requested after Order Confirmation has been emitted, will be disadvantageous to the Supplier and will not be accepted as a valid reason for refusing delivery of the products.
4. Prices and delivery costs
All product prices indicated in the various website pages are specified in Euro, GB Pounds and Dollars, inclusive of VAT at the level and according to procedures laid down by law; these prices do not include any additional taxes, custom duties and/or taxes applied by the country of destination (when not Italy), which will all be charged to the Customer.
The Supplier reserves the right to modify the prices of products featured on the website. Any price variations which take place between the sending of the order and confirmation of the same, will not be applied to those Customers whose order has already been processed.
Except in the case of special promotions on the website, the Customer will be held to pay not only the cost of the products but also the cost of delivery and transport as laid down by the website at the time of ordering.
5. Payment, conditional sale and invoicing
Except for cases in which the Customer chooses the option "Cash on Delivery" or “payment by bank transfer”, the Customer will make payment for products at the time the order is emitted; if the order should not be accepted by the Supplier, the entire sum paid in advance will be reimbursed within 30 calendar days.
When purchasing, the Customer must indicate the method of payment preferred between: i) credit card (Visa, Mastercard or American Express) using Paypal secure system;
ii. Cash on delivery payment, for payments of up to a total maximum of € 516,00 (VAT included), with a non-transferable cashier’s cheque or bank draft written out to Edizioni Esav srl. Cash on delivery payment also involves an additional encashment fee, to be paid by the Customer during the purchasing process. In the event that the ordered product is not signed for receipt of delivery by the Customer, the Supplier reserves the right to invoice additional delivery costs and return delivery to the customer.
iii. Payment by bank transfer is to be made by and not after 3 calendar days of the sales order being emitted, using the bank details provided by the Supplier during the purchase procedure. The customer must indicate in the bank transfer process the order number emitted by the supplier during the process as the motive of payment.
If payment is not made at the time of ordering, the products will only become the property of the customer at the moment payment is made. The Supplier will emit an invoice (or receipt of payment, in the case of products not subject to VAT) exclusively in electronic form according to current laws. The Supplier will emit an invoice to the Customer’s email address and the invoice will remain available in pdf form for consultation and printing, in the Customer’s reserved area.
The Supplier reserves the right to select the courier companies for product delivery. If the website states that the product is available for cash on delivery payment when ordering, the Supplier undertakes to deliver the product as soon as possible or, in the event of payment by bank transfer, within 10 days of payment being made.
When possible the delivery of products will not take place on Mondays.
The Supplier undertakes to respect stated delivery times as far as possible, however said times are merely approximate and in no way binding for the Supplier. Customers must accept the possibility of delays up to a maximum of 30 calendar days.
The Supplier is not responsible for failure to deliver or delays in delivery, in cases where the Customer has been informed of unavailability of products.
The Supplier is not responsible for failure to deliver or delays in delivery due to unavoidable circumstances such as strikes, public authority action, rationing or scarcity of raw materials/energy sources, transport problems, fire, floods, or other damages not due to the Supplier. The Supplier will inform the Customer as soon as possible of such problems and/or impossibility of delivery. Should such delays be extended beyond 30 (thirty) days, both parties have the right to annul the contract. In such cases, the Customer will have no right to compensation or indemnity payment in any form, notwithstanding the right to restitution of any payment for ordered items already made, within 30 days of notice of contract annulment.
7. Delivery procedure
At the moment of delivery by the courier, the Customer is obliged to check:i. that the labels on the packages correctly state the Customer’s name and delivery address;
ii. that the packages show no signs of visible damage or mishandling e.g. squashing, rips or wrapper damage.
In the event that the Customer identifies dents/tears/other damage to the external packaging, the Customer is obliged to refuse delivery on the understanding that later complaints will be refused.
The Customer is obliged to check that the delivered products are in line with the original order (number of items, quality and expiry dates) within 8 calendar days of receipt of delivery. After this date, no disputes or complaints on the part of the Customer will be accepted – the delivered products will be considered to fulfill the delivery order in all terms.
In the event that anomalies (quality or quantity) are found in the products during the post-delivery checks (i.e. within the 8-day window following receipt of delivery), the Customer will have the right to initiate a procedure of return and substitution.
8. Customer Data Protection
The Supplier reserves the right to store the data of each order as well as the delivery details of customers for the sole purpose of fulfilling the order (which may also include the passing of details to business partners involved in the payment process, order fulfilment and/or delivery, any eventual complaints about the product.
Storage and treatment of data will take place in accordance with the regulations laid down in the privacy and personal data leaflet of the Supplier.
9. Website access and interruption of service
The Customer must possess the equipment and/or software necessary for Internet connection. Any incompatibility with the website and/or failure to access (entirely or partially) to pages of interest will in no way be considered the responsibility of the Supplier.
The Supplier reserves the right to suspend (totally or partially) website visibility and/or operations. Such interruption may be applied inequivocally by the Supplier for reasons of safety and/or maintenance, or any other reason deemed necessary for the interests of Customers. In such an event, no compensatory fee may be claimed from the Supplier.
10. Substitution clause
If any stipulation (current or future) of the General Terms and Conditions of Sale should become wholly or partially annulled, invalid and/or unavailing, the remaining stipulations of the same Terms and Conditions will stand valid and effective. It is understood that the Supplier and Customer will try to negotiate fairly the substitution of the nullified, invalid and/or unavailing clause with the aim of preserving the economic agreement of the Contract and the interests of the parties involved.
11. Governing Laws and Court of Jurisdiction
These General Terms and Conditions of Sale are regulated and interpreted according to Italian law. For any disagreement which may arise between the Parties involved regarding their validity, interpretation, execution and fulfilment of Contractual terms, from this moment onwards the parties must consent to the Court of Jurisdiction being that of Torino, to the exclusion of any other judicial court/system.
In accordance with clauses 1341 and 1342 of the Italian Civil Code, the Customer acknowledges that he/she has carefully read, understand and accepts the content of the following clauses:
3. contract completion;
5. payment, conditional sale and invoicing;
7. procedures for receiving cash on delivery orders;
9. interruptions to service;
11. governing laws and court of jurisdiction.