These general sales conditions (hereinafter the “Conditions”) apply to the purchase of URBANIC consumer goods (hereinafter the “Goods”) by customers (hereinafter the “Customers”) via the website www.urbanic-cosmetics.com (hereinafter the “Site”) owned by the company BOM s.r.l.s. located at corso Cavour 127, Cesena (FC), Italy, wholly paid-in share capital of €5,000.00, REA n. FO - 416112, VAT n. 04490370402 (hereinafter “BOM”), e-mail address email@example.com.
For Customers that are also considered “Consumers”, i.e. individuals who purchase Goods for purposes not related to business and without specifying a VAT number at the time of making the order, these Conditions are governed by applicable laws related to the Italian Consumer Code (Legislative Decree 206/2005 as amended) and legislation concerning electronic commerce (Legislative Decree 70/2003 as amended) (hereinafter “Legislation”); for “Professional” Customers, i.e. those who purchase Goods for business purposes and specifying a VAT number at the time of making the order, these Conditions are governed solely by the Italian Civil Code for matters not envisaged herein.
These Conditions may be subject to change over time. The date of publication on the Site coincides with the date on which the Conditions go into effect. In terms of applicability to a specific order, the Conditions in effect as of the date of confirmation of the order itself shall apply.
ARTICLE 1 – PURPOSE OF THE AGREEMENT
These Conditions establish the contractual provisions applicable solely to electronic transactions handled on the Site by which BOM sells, and Customers purchase, the Goods. The Sales Agreement (hereinafter the “Agreement”) is understood to be entered into at the moment in which the Customer views these Conditions and all pre-contractual information found on the Site and accept them in their entirety by confirming the order for the Goods by selecting the specifically provided confirmation checkbox.
In the e-mail message confirming the order, Customers will find clear instructions as to how to download and archive these Conditions in accordance with Legislation.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
The Site provides all the pre-contractual information required by Legislation, including:
Detailed characteristics of the Goods presented in their respective descriptions, including by way of images (which, however, are provided purely as examples and are not contractual elements in that they are not perfectly representative of the final characteristics of the Goods).
Total price of the Goods, including applicable taxes.
Amount of any shipping costs and any other applicable costs.
Applicable delivery times.
Terms, conditions, forms and procedures for “Consumer” Customers, i.e. individuals who purchase Goods for purposes not related to business and without specifying a VAT number at the time of making the order, to exercise their right to withdrawal as allowed by Legislation.
The fact that, in the event of withdrawal, Customers must bear the cost for returning the Goods.
The terms of the statutory guarantee of conformity for the Goods purchased.
The conditions of the commercial guarantee and post-sale assistance.
Customers may at any time, prior to acceptance of the Agreement, acknowledge the information related to BeOnMe as specified under the General Provisions above and indicated clearly on the Site.
ARTICLE 3 – TERMINATION AND EFFICACY OF THE AGREEMENT
The sales agreement shall be considered completed at the time BeOnMe sends an e-mail message to the Customer confirming the order or upon viewing a printable webpage confirming and summarizing the order, which provides:
A unique reference number for the order.
The date of the order.
The details of the buyer.
The Goods purchased and their prices.
The shipping costs and any other related costs.
The terms and method of payment.
The shipping address.
The expected delivery times.
Reference to the right to withdrawal (where applicable).
Customers undertake to verify the accuracy of the information summarized and to notify BeOnMe of any inaccuracies in a timely manner.
ARTICLE 4 – AVAILABILITY OF GOODS
BOM, via its own systems, ensures the executions of orders without delay and, to that end, monitors the availability of Goods in real time. This availability must, in any event, be considered to be purely indicative given that, due to the possible issuance of multiple orders at the same time, other Customers could purchase Goods first that had been considered to be available at the time of the order.
Should an accepted order exceed the availability of inventory, BOM shall take steps to notify the Customer via e-mail in a timely manner, specifying the new expected time for restocking and delivery.
ARTICLE 5 – DELIVERY TIMES AND METHODS
BOM accepts orders for delivery within the European Union.
Goods will be delivered by the method selected by the Customer and within the estimated timeframe provided and confirmed for the order.
Delivery times may vary based on the method selected by the Customer as clearly indicated in the specific section of the Site where the shipping costs and times are clearly provided.
Upon receipt of the Goods, Customers are required to immediately verify the integrity of the Goods and ensure that they match the order and must immediately report any deformity, damage or alterations to the courier prior to signing the delivery receipt. Customers must then notify BOM in a timely manner (and no later than 15 days following delivery).
ARTICLE 6 - PRICES
The sales prices shown for the Goods within the Site are expressed in the currency specified and constitute an offer to the public as defined under Article 1336 of the Italian civil code.
Sales prices include VAT and all other applicable taxes.
Shipping and any other related costs, if applicable, are not included in the price of the Goods but are calculated based on the method selected by the Customer at the time of the order and as summarized clearly therein prior to confirmation and payment.
BOM reserves the right to change prices without notice; nonetheless, the Goods will be billed based on the prices indicated on the Site at the time of creating the order and as shown therein.
In the event of manual, computer, technical or other error that could result in a substantial change to the sales price to the public, not decided by BOM, such that said price becomes exorbitant or clearly negligible, the purchase shall be deemed invalid and nullified, and the amount paid by the Customer will be refunded in full within 14 days of cancellation of the order.
ARTICLE 7 – PAYMENT METHODS
Payments by Customers may only be made by way of one of the methods indicated on the Site. In no case may Customers be held liable for delays or other errors in payment when they can demonstrate that they have executed payment within the timeframe and by way of the methods indicated by BOM.
In the event of payment by Credit Card, upon confirming the order, Customers will be directed to execute a secure transaction on the site of the clearly identifiable banking partner selected by BeOnMe. During this transaction, at no time is BOM able to learn the information related to the credit cards of its Customers. The payment order is transmitted by way of a secure transaction directly to the portal of the banking partner, which sees to completing the payment by requesting the details of the credit card from the Customer. As such, BOM is in no way responsible, and may not be held liable, for any fraudulent or illegal use of credit cards that may be done by third parties following the payment of products, a process which is handled entirely by the banking partner.
In the event of payment by way of a PayPal™ account, at the time of confirming the order, Customers will be directed to the PayPal™ login page.
The transaction that will result in charging the amount of the order to the PayPal™ account is handled entirely on the PayPal™ website by way of secure transactions.
At no time does BOM learn of the information related to accessing the PayPal™ account of its Customers; therefore, BOM is in no way responsible, and may not be held liable, for any fraudulent or illegal use of this information that may be done by third parties following the payment of products, a process which is handled entirely by PayPal™.
For “Professional” Customers, i.e. those who purchase Goods for business purposes and specifying a VAT number at the time of making the order, the following methods of payment are also available:
C.O.D. (Cash on Delivery)
Cash on delivery (C.O.D.) payment is available for deliveries within Italy The service has an additional cost, which is indicated at the time of making the order and prior to confirmation and payment. At the time of delivery, it will be necessary to have cash on hand in the exact amount of the order. Couriers do not accept checks and often cannot provide change.
Bank transfer prior to delivery
In the event this method of payment is selected, BOM reserves the right to execute the order only after unequivocal confirmation that payment has been made.
Other methods of payment, such as by bank transfer, are only allowed if authorized in advance by BOM.
ARTICLE 8 – STATUTORY GUARANTEE
All Goods purchased via the Site benefit from the statutory guarantee in accordance with the Italian Consumer Code and Civil Code, as applicable.
Goods purchased by consumer Customers are subject to the statutory guarantee of conformity (hereinafter the “Statutory Guarantee”) in accordance with Article 128 et seq. of the Consumer Code.
The Statutory Guarantee provided by the seller applies to defects in conformity that occur within 24 months of the date of delivery of the Goods and that are reported by the consumer within 2 months following the date of discovering the defect concerned, in accordance with Article 132 of the Consumer Code.
It should be noted that a defect in conformity may arise in one of the following situations: (i) the good does not conform to the description and does not possess the qualities promised by the seller; (ii) the good is not suited for its typical use; (iii) the good is not suited to the particular use wanted by the consumer if brought to the attention of the seller when making the purchase and accepted by the seller.
The Statutory Guarantee is individual in nature and so applies solely to the original buyer.
It also only applies to Goods that are used properly, in the manner in which they were intended, in observance of any instructions provided on the packaging, and in good condition. It does not apply in the event the Goods are used in a manner other than their natural use.
Goods purchased by professional Customers (i.e. an individual or organization that acts within the scope of its business, commercial, or professional purposes) are subject to guarantee against defects of the good sold as defined under Article 1490 et seq. of the Italian civil code. This guarantee has a duration of one (1) year from the delivery of the Goods purchased. Any defects must be reported in accordance with Article 1495 of the Italian civil code.
ARTICLE 9 – RIGHT TO WITHDRAWAL AND REFUND POLICY
In accordance with Article 52 et seq. of the Italian Consumer Code, only consumer Customers have the right to withdraw from the Agreement without penalty and without specifying a reason if done without fourteen (14) days following receipt of the Goods.
In the event of multiple deliveries of Goods over time related to a single order, the fourteen-day period within which to exercise this right begins on the date of delivery of the final good.
Consumer Customers who intend to exercise this withdrawal right are required to notify BOM in writing via e-mail to the address firstname.lastname@example.org or by registered mail to the address BOM s.r.l.s. – corso Cavour 127, 47521 Cesena (FC), Italy.
This notification must make clear and explicit reference to the name and address of the Customer, the order for which the withdrawal concerns, and the banking details (IBAN) or PayPal™ account to be used for the refund.
Customers are required to return the Goods undamaged and in their original packaging, complete with all component parts, to the sender’s address within 14 days from the date on which BOM was notified of the intention to exercise the withdrawal right.
In accordance with applicable Legislation, costs directly related to returning the Goods are to be borne by the Customer.
BOM reserves the right to verify compliance with the above and to proceed with the refund of the entire amount paid for the purchase within fourteen (14) days following receipt of the notification of withdrawal and of the Goods returned.
ARTICLE 10 – LIMITS OF LIABILITY
BOM assumes no responsibility for disservice due to force majeure or other chance events in the event of failure to execute an order in the manner and within the timeframe established by contract.
BOM may not be held liable by the Customers, except in cases of wrongful misconduct or gross negligence, for disservice or malfunctioning of the software, site, or internet beyond the control of BOM or its subcontractors. BOM may also not be held liable for damages, losses, or other costs incurred by Customers as a result of failure to perform the Agreement for reasons not attributable to BOM, and Customers solely have the right to a full refund of the price paid and of any related ancillary costs incurred.
BOM assumes no responsibility for any fraudulent or otherwise illicit use that may be made by third parties of credit cards, checks or other means of payment for the Goods purchased, so long as BOM can demonstrate to have taken all possible precautions in accordance with best practice and experience at the time and in accordance with ordinary due diligence.
ARTICLE 11 – COMMUNICATIONS AND COMPLAINTS
When submitting an order, Customers provide the mailing address, phone number, and e-mail address to which they wish to receive communications from urbanic-cosmetic.com.
Any complaints or other communications to BOM shall be deemed valid when sent to the addresses indicated in the Contacts section of the Site.
ARTICLE 12 – CONSUMER PROTECTION
Goods purchased from urbanic-cosmetics.com are to be considered “cosmetics products” as defined under European Regulation 1223/2009 and, as such, are not to be used as replacements for medical or clinical treatments.
All ingredients are specified on the packaging of URBANIC cosmetic products, and Customers are required to verify that they are not allergic to any of said ingredients prior to using the product. BOM may not be held liable for any adverse reactions to said ingredients.
Cosmetic products are to be used solely for the purposes and in the manners envisaged and following any indications provided on the packaging. BOM may not be held liable for any uses that do not conform to normal use or uses following any poor preservation of the product by the Customer.
ARTICLE 13 – INTELLECTUAL PROPERTY
Intellectual property rights concerning the URBANIC registered trademark, software, Site and its content are to remain the sole property of BOM and its licensors.
For details on copyrights, see the Legal notices section of the Site.
ARTICLE 14 – HANDLING OF PERSONAL INFORMATION
ARTICLE 15 – APPLICABLE LAW, SETTLEMENT OF DISPUTES, AND JURISDICTION
These Conditions are governed by Italian law. For matters not specified herein, the Italian Civil Code in relation to the buying and selling of goods shall apply. The parties hereby expressly exclude applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980.
For consumer disputes arising in relation to this agreement within the scope of the online sale of goods and services between BOM and the consumer, BOM hereby ensures its participation in the method of alternative dispute resolution (ADR).
For any disputes for which a friendly settlement cannot be reached, jurisdiction shall be solely that of the Forlì Courts or of the mandatory court of the place of residence or elected domicile of the Customer, in the event of a consumer, in accordance with the Italian Consumer Code.
ARTICLE 16 – INTEGRATION CLAUSE
These Conditions encompass all of the clauses set out above. Should a provision contained therein be declared null and void or otherwise invalid, in whole or in part, in accordance with the law or by ruling of any court or other competent body, the remaining provisions of these Conditions shall continue to have full effect and legitimacy.
This document was written in Italian and then translated into other languages. Although the various versions are to be considered identical, in the event of any discrepancies, the Italian version is to take precedence.