Terms and conditions of service

 

The following describes the terms and conditions under which Giokosmetik offers users access to its services available at www.rechargemesystem.it.

1. Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: GIOKOSMETIK S.R.L. | Registered office : VIA DELLA BAITELLA, 2 - 25045 CASTEGNATO (BS) | P.IVA - COD. FISC.: 03277550988

Site: the website www.rechargemesystem.it an eCommerce for selling cosmetic items;

Products: the products and/or services offered through Site;

User: the person accessing the Site, without distinction of legal nature and purpose pursued, interested in the Products offered through the Site;

Consumer: a natural person acting for purposes unrelated with respect to any business, commercial, craft or professional activity carried on;

Terms: this contract governing the relationship between the Owner and Users and the sale or delivery of the Products offered through the Site.

2. Stipulation, conclusion and effectiveness of the Conditions
   The contract for the purchase of Products is concluded by the exact completion and submission of the order form. This form contains the details of the ordering party and the order, the price of the Product purchased, any additional charges, the method and terms of payment, the address where the Product will be delivered, the timing of delivery and the existence of the right of withdrawal as well as consent to the processing of personal data.

At the time when the Holder receives from the User the order will be sent a confirmation e-mail with a summary of the order, printable, in which the data recalled in the preceding paragraph will also be included.
The Conditions shall not be considered effective between the parties in default of the provisions of the preceding paragraph.

The Owner may modify or simply update these Terms, in whole or in part. The User acknowledges and agrees that any changes to these Terms will apply to orders submitted by Users after the date of notice of change to the Terms. You are therefore encouraged to review the Terms each time you access the Site and are advised to print a copy for future reference.

3. Registration
   In order to use certain features of the Site, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Terms. It is the User's responsibility to guard his/her access credentials.

It is understood that under no circumstances shall the Holder be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, for whatever reason, of Users' access credentials.

4. Account cancellation and termination
   Registered Users may deactivate their accounts or request their deletion through the Site interface or by sending written notice to info@rechargemesystem.it.

The Owner, in the event of User's violation of these Terms or applicable legal provisions, reserves the right to suspend or terminate User's account at any time and without notice.

5. Purchases on the Site
   The purchase of one or more Products through the Site is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.
   Pursuant to art. 3, I paragraph, lett. a) of D. lgs. 206/2005 ("Consumer Code") please note that the quality of Consumers covers individuals who, in relation to the purchase of the Products, acts for purposes unrelated to the entrepreneurial, commercial, professional or craft activity carried out, if any.
   Individuals are allowed to purchase only on condition that they have reached the age of eighteen years.
   The Owner undertakes to describe and present the Products sold on the Site in the best possible way. Nevertheless, some errors, inaccuracies or minor differences between the Site and the actual Product may become apparent. In addition, any photographs of the Products on the Site do not constitute a contractual element, as they are only representative.
   The User expressly gives the Holder the right to accept even partially the order placed (for example, in the event that there is not the availability of all the Products ordered). In this case, the contract shall be deemed to have been concluded with respect to the Products actually sold.
   The Holder reserves the right to refuse an order:
   1. when the Product is not available;
   2. when authorization to charge the User for the cost of the Product is denied;
   3. when an obviously incorrect price is indicated at the time of purchase and recognizable as such. In such a case, the User will be contacted by Customer Service to be informed and will receive a refund related to the transaction made.
6. Prices and payments
   The Holder reserves the right to change, at any time, the price of the Products and any shipping costs of the same. It is understood that any changes will not affect in any case the contracts already concluded before the change.
   The sale prices of the Products are inclusive of VAT, if due; any other possible tax and/or shipping cost borne by the User will be indicated before the confirmation of the purchase.
   The User agrees to pay the price of the Product purchased in the time and manner indicated on the Site.
   Payment can be made in the manner indicated by the site at the time of the request for payment.
   To request any refunds contact us through the email address info@rechargemesystem.it, specifying the order number in question.
   The Site uses third party tools for payment processing and does not in any way come into contact with the payment data provided (credit card numbers, holders' names, passwords, etc.).
   Should such third party tools deny authorization for payment, the Owner will not be able to supply the Products and will not be responsible for any delay or non-delivery.
7. Invoicing
   The User is always provided with an invoice for the products purchased. For the issuance of the invoice will be authentic the information provided by the User, which he declares and guarantees to be true, releasing to the Owner every ample indemnity in this regard.
8. Method of delivery of Material Products
   Material Product means any movable property or digital good provided on a material medium offered through the Site.
   The material Products ordered will be delivered to the User, at the address indicated by the User, in the manner indicated on the Site at the time of purchase. The delivery will take place within the terms indicated in the order confirmation.
   Upon receipt, the User is required to verify the conformity of the Product delivered with the order placed; only after such verification should the delivery documents be signed, without prejudice to the right of withdrawal.
   Should an order exceed the existing quantity in the warehouse, the Holder, by e-mail, will inform the User whether the Product is no longer bookable or what the waiting time is to obtain it, asking whether or not he intends to confirm the order.
   The Holder assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure causes such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute in the agreed time.
   The Holder shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the above causes, having the User only the right to a refund of the price paid, if any.
9. Right of withdrawal of Material Products
   The User who holds the quality of consumer and who for any reason is not satisfied with the purchase made of material Products may request withdrawal from the contract by contacting us at the email address info@rechargemesystem.it.
   The User must return the Products at his or her own expense, without undue delay and in any case within the period of 14 days from the date on which he or she has informed the Holder of his or her decision to withdraw.
   The User shall be responsible for the integrity of the Product for as long as the same property is in the User's possession and shall take all appropriate measures to preserve the Product and make every effort to ensure that the Product is returned in the best possible condition. The Product shall not have been subjected to any handling other than that necessary to establish the nature, characteristics and operation of the Product.
10. Limitation of Liability
    The Owner assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the services purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence.
    The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, contractors, consultants, directors, agents, licensors, partners and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise in respect of damages caused to other Users or third parties, in connection with the Uploaded Content or the violation of the terms of the law or the terms of these Terms.
    Therefore, the Owner shall not be liable for:
    1. any loss that is not a direct result of the Owner's breach of contract;
    2. any loss of business opportunity and any other loss, including indirect loss, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.);
    3. incorrect or unsuitable use of the Application by Users or third parties;
    4. the issuance of erroneous tax documents due to errors relating to the data provided by the User, the latter being solely responsible for the correct entry.
    In no case shall the Owner be held liable for a sum greater than twice the cost paid by the User.
11. Force Majeure
    The Holder shall not be held liable for failure or delay in the performance of its obligations, due to circumstances beyond the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example but not limited to, failures or interruptions to telephone or power lines, the Internet network and/or otherwise other means of transmission, unavailability of websites, strikes, natural events, computer viruses and attacks, interruptions in the delivery of third-party products, services or applications.
    The Holder's performance of its obligations will be understood to be suspended for the period during which force majeure events occur.
    The Holder will take any action in its power in order to find solutions that will enable the proper performance of its obligations despite the persistence of force majeure events.
12. Linking to Third Party Sites
    The Site may contain links to third party sites. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites.
    Some of these links may refer to third party sites that provide services through the Site. In these cases, the general conditions for the use of the Site and the use of the service prepared by the third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.
13. Invalidity of individual clauses
    If any provision of these Conditions is found to be illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
14. Applicable Law and Jurisdiction
    These Terms and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is located.
    If the User is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the User-consumer's right to bring a case before a different court other than the "consumer forum" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedure Code.
15. Online dispute resolution for consumers
    The Consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, the Consumer may use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following address: http://ec.europa.eu/consumers/odr/