CONDITIONS OF SALE

CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE WEBSITE www.vigneulcosmetics.com

VIGNOBLE COSMETICS S.r.l., with registered office in via Filippo Turati 29, 20121 Milan and operational headquarters in Via Santa Rita snc, 21057 Olgiate Olona, Varese, Italy, and cod. tax / P. VAT no. 12058190963, allows the Customers specified below to purchase the products made available via the Internet through the Vigneul Cosmetics website (www.vigneulcosmetics.com) and any mobile application connected to it of which VIGNOBLE COSMETICS S.r.l. is the sole and exclusive owner.

APPLICABILITY

The Consumer Code (Legislative Decree No. 206/2005), the regulations on electronic commerce (Legislative Decree No. 70/2003), and the articles of the Civil Code about these Conditions of Sale which apply exclusively to the selling of the Products via the web offers, also through personalization, on the Vignoble Cosmetics Srl website (www.vigneulcosmetics.com). In the event of changes to the Conditions of Sale, the General Conditions of Sale published on the website www.vigneulcosmetics.com will apply when placing the order.

ORDERS, CONTRACT CONCLUSION, AND ORDER FULFILLMENT

Both Customers / Consumers have the right to make purchases on the website www.vigneulcosmetics.com, as defined by art. 3, co. 1, letter a) of the Consumer Code, meaning natural persons who make purchases for purposes not related to any commercial, craft, entrepreneurial, and professional activity carried out, both Customers / Professionals as defined by art. 3, co. 1, letter c) of the Consumer Code. Request for invoicing with VAT number always qualifies the customer as a Client / Professional.

Purchase orders must be made online through the Order Procedure available on the website www.vigneulcosmetics.com.

To access the Order procedure, the Customer must register online via the registration page by “clicking” (after careful reading) the Privacy Policy entering his email address (which he guarantees to be able to legitimately dispose of), and the data requested in the registration form.

The Customer may access their profile to update or modify the data entered at any time. The Customer is responsible for the truthfulness and updating of the information provided.

At any time, the Customer may cancel their profile by accessing the “Profile” section available on the Website and following the instructions provided therein.

Once registered, the Customer can select the Products to purchase and make the customizations offered among those available on the site www.vigneulcosmetics.com. The Products thus selected – with any customizations made – will be placed by the Customer in the Cart. 

To complete the Order, the Customer must fill in all the fields of the “Web Order Form” in electronic format which concerns the address and method of delivery, payment method, and forsees approval by clicking(after careful reading) the Privacy Policy and these Conditions of Sale printable and storable on a durable medium.

Before definitively confirming the Order, the Customer is required to verify the correctness of the Products selected and inserted in the Cart as per the Order summary that will be electronically transmitted by the Customer to Vignoble Cosmetics Srl through the interface available on the site www.vigneulcosmetics.com by clickingon the“Order Confirmation” button.

Vignoble Cosmetics Srl undertakes to send the Customer via email the confirmation of receipt of the Order containing the hyperlink to the Conditions of Sale as well as summary information relating to the Products ordered and the related customizations (including the terms for the delivery of products with customizations), the indication of the price, the means of payment used, shipping costs and any additional costs and contact details for customer service. Access to the personal order summary page allows the Customer to view all Orders placed.

The contract is concluded when Vignoble Cosmetics Srl sends the Customer the confirmation of receipt of the Order.

Vignoble Cosmetics Srl has the right to carry out checks on the regularity and correctness of the Order sent by the Customer to ascertain any illegal conduct (also regarding the Customer’s legal age), fraud in the use of credit cards, abnormal purchases, or any other fraudulent activity. In particular, according to art. 1456 of the Italian Civil Code, Vignoble Cosmetics Srl has the right to terminate the contract (returning the total amount already paid to the Customer) if: a) the security systems of Vignoble Cosmetics Srl identify the order transmitted by the Customer as anomalous or fraudulent in relation the type or quantity of products purchased or the frequency of purchases made on the site; b) the credit/debit cards or the PayPal account used for payment are cloned/counterfeited/stolen or there is a reasonable doubt that the purchase was not made by their owner; c) the Customer is a minor or the billing information provided by the Customer is incorrect or unverifiable.

In case of payment through PayPal / credit/debit card, the Order is processed only after confirmation of the credit of the total amount due by way of price and shipping costs.

The fulfillment of the Order is subject to the availability of the Products and the lead times for the Products with customizations: it is possible that between the sending of the Order and the confirmation of the Order by Vignoble Cosmetics Srl one or more Products ordered might be temporarily not deliverable within the maximum deadline indicated above. Vignoble Cosmetics Srl undertakes to promptly communicate the unavailability and any delays in the creation of customizations to the Customer who, at his choice, may promptly notify Vignoble Cosmetics Srl of his will to:

• wait for the availability of the Products up to a maximum period of 15 days from the date of the Order;
• ask for the Order cancellation with the refund of the amount already paid (excluding any other compensation or compensation paid by Vignoble Cosmetics Srl) by crediting it to a Paypal account provided by the Customer, within a maximum period of 14 days starting from the request for cancellation (withdrawal). Vignoble Cosmetics Srl is not responsible for delays in re-credit attributable to the bank or Paypal system. In any case, the value date of the credited amount will be the same as the debit.

PRICES AND PAYMENTS

Prices are in Euros and inclusive of VAT. Vignoble Cosmetics Srl has the right to change the prices without notice: the amount charged to the customer will be the one published on the website www.vigneulcosmetics.com when placing the Order, as shown on the summary screen of the order confirmation. The amount and shipping rates are available on the site.

Vignoble Cosmetics Srl retains full ownership of the Products until full payment of the Price and any costs.

The payment methods are available to the Customer on the website www.vigneulcosmetics.com. Payment methods other than those available when filling out the web order form are not accepted.

Choosing the PayPal payment method (or credit card with payment management made through PayPal), the Customer will be redirected to an external page belonging to the PayPal site accessible through the login systems managed exclusively by Paypal. The data entered on PayPal will be processed directly by the same company and will not be transmitted or shared with Vignoble Cosmetics Srl, which declines any responsibility for improper use of this payment method. In case of cancellation of the Order and refund for any reason, the amount paid to Vignoble Cosmetics Srl will be credited to the PayPal account. Once the credit order has been placed, Vignoble Cosmetics Srl will not be liable for any delays or omissions in crediting the refunded amount related to the management of the PayPal site.

SHIPPING AND DELIVERY

Deliveries will be made by courier from Monday to Friday, during office hours, excluding national holidays. Delivery will take place:

for products without customization within a maximum of 30 days from the confirmed Order and payment if not contextual to the Order.

The rights of the Customer / Consumer are provided for by art. 61 of the Consumer Code.

Where possible, Vignoble Cosmetics Srl will make a single delivery for all the Products referred to in the Order (in the case of multiple products ordered). Vignoble Cosmetics Srl reserves the right to make – within a maximum period of 30 days from the confirmed Order – deliveries in parts (when Products are temporarily unavailable). In this case, Vignoble Cosmetics Srl will inform the Customer via email. No additional delivery costs will be charged.

Delivery is considered to have taken place when the Products are made available to the Customer at the address provided through the Order form.

Upon delivery, the Customer will check that the package containing the Products is intact, not damaged or wet, and that the number of packages corresponds to that reported in the delivery document in the hands of the shipper. Any disputes must be reported immediately in writing on the delivery document and countersigned by the shipper. If upon delivery, the Customer finds evident damage to the packaging, he can accept the parcel with reserve by signing the document delivered by the shipper and flagging the “conditional acceptance” box. We recommend the Customer refuse the package where any damage to the product is visible without having to open the packaging.

Vignoble Cosmetics Srl cannot be held responsible for damage to the Products if the damage to the packaging has not been promptly reported to the shipper.

RIGHT OF WITHDRAWAL and LEGAL GUARANTEE FOR CUSTOMER / CONSUMER

In case of purchase of non-customized products, Customer / Consumer has the right to withdraw from the contract without any penalty and without specifying the reason under and for Articles 52 and following of the Consumer Code.

The Customer/Consumer exercises the right of withdrawal by sending the withdrawal form (click here to download it) or written communication through which he explicitly declares the will to withdraw within fourteen days from the moment in which he (or a third party designated by the Customer/Consumer) has acquired physical possession of the non-customized  products concerning which he intends to exercise the withdrawal. The withdrawal form – or the communication – is sent by e-mail to the address (info@vigneulcosmetics.com) or by registered letter with acknowledgment of receipt addressed to Vignoble Cosmetics Srl, Via Santa Rita snc, 21057 Olgiate Olona (Va), Italy. The withdrawal communicated by e-mail must always be confirmed by the Customer / Consumer by registered letter with advice of delivery sent within 48 hours.

Within the non-extendable period of 14 days from the day he communicated the withdrawal, the Customer/Consumer must return the non-customized Products, in intact and undamaged packaging, to Vignoble Cosmetics Srl, Via Santa Rita snc, 21057 Olgiate Olona at his own expense. (Va), Italy. Cash on delivery parcels will not be accepted. The Customer / Consumer will only have to bear the direct costs of returning the non-customized Products to Vignoble Cosmetics Srl.

Vignoble Cosmetics Srl will, as soon as possible, and in any case, within 14 days from the day has received the withdrawal from the Customer/Consumer (according to Article 54 of the Consumer Code) undertakes to credit the Customer / Consumer all payments received by the same, possibly including delivery costs (except for additional costs deriving from the possible choice of the Customer/Consumer of a type of delivery other than the less expensive standard delivery type offered by Vignoble Cosmetics Srl). These refunds will be made using the Customer/Consumer’s payment method for the commercial transaction unless the Customer/Consumer has agreed otherwise. In any case, the Customer / Consumer will not have to incur any costs for this refund. In any case, the Customer / Consumer will not have to incur any costs for this refund. The refund may be suspended until Vignoble Cosmetics Srl has received the non-customized Products or until the Customer/Consumer demonstrates that he has returned them.

Exclusion of the right of withdrawal: under art. 59 of the Consumer Code, the right of withdrawal is legitimately excluded for those Products subject to customization by the Customer / Consumer, and made following a Customer / Consumer indication possible also through the customization program made available by Vignoble Cosmetics Srl on a dedicated page of the site, or that have been modelled based on personal needs, being the same tailor-made and personalized. Therefore, Vignoble Cosmetics Srl informs the Customer / Consumer that it will not be possible to exercise the right of withdrawal on the aforementioned customized Products..

The Customer/Consumer benefits from the legal guarantee for the lack of conformity of the Products referred to in articles 128-135 of the Consumer Code. The Customer/Consumer must keep the invoice received from Vignoble Cosmetics Srl to use the warranty.

The legal guarantee in favor of the Customer/Consumer covers any lack of conformity existing at the time of delivery of the Products occurring within two years of delivery of the Product itself. The Customer/Consumer must communicate the lack of conformity to Vignoble Cosmetics Srl by registered letter sent to Vignoble Cosmetics Srl, Via Santa Rita snc, 21057 Olgiate Olona (Va), Italy, under penalty of forfeiture, within 60 days from the date on which the Customer/Consumer discovered the defect. In any case, the action against Vignoble Cosmetics Srl is prescribed within twenty-six months from the delivery of the product. In the case of a lack of conformity, the Customer/Consumer can have free repair or replacement of the product or an adequate price reduction or dissolution of the contract, as provided by art. 130 of the Consumer Code.

On receipt of the communication, Vignoble Cosmetics Srl will contact the Customer/Consumer to communicate the procedures for returning the product. Vignoble Cosmetics Srl will send its courier to collect the product at no additional cost to the Customer/Consumer. The product must be returned by the Customer/Consumer, possibly in the original packaging, complete in all its parts. Once the Product returned by the Customer/Consumer has been checked, Vignoble Cosmetics Srl will repair or replace and will proceed with the shipment of the item itself, as required by art. 130 of the Consumer Code. If following the checks carried out by Vignoble Cosmetics Srl the lack of conformity is not identified according to articles 128 and the Consumer Code, the Customer / Consumer will be charged for any verification and transport costs if incurred. by Vignoble Cosmetics Srl.

If the purchase is made by a Customer / Professional, in the event of faults and defects, only the legal guarantees referred to in Articles 1490 and the following DC will apply.

APPLICABLE LAW AND JURISDICTION

Italian law applies to these General Conditions of Sale and related purchase and sale contracts. International conventions or other agreements or private international law relating to the law applicable to the sale of goods and services are not included.

Any dispute regarding these Conditions of sale and related purchase and sale contracts will be devolved to the exclusive jurisdiction of the Court of Milan, without prejudice to the mandatory rules provided for by the Consumer Code in the presence of Customer Consumer in which case mandatory jurisdiction will be that of residence of the Customer/Consumer.