Terms of service
GENERAL CONDITIONS OF SALE
1.1. The Seller is Mapskin Srl, with registered seat in Piazza Gisueppe Grandi 1, Milano, Italia, VAT 10270580961.
1.2. These general sales conditions (hereinafter “General Conditions”) shall be applied to every transaction performed on the website www.milanesiskincare.com (hereinafter the “Website”) concerning any goods manufactured by or on behalf of the Seller (hereinafter “Products” or “Product”) being identified by the Seller’s trademarks/packaging, under art. 3 below (hereinafter the “Contract”).
1.3. The owner of the Website is the Seller.
1.4. Any purchase on the Website is reserved only to customers (hereinafter “Buyers” or “Buyer”), that means any natural person acting for purposes outside his trade, business, craft or profession, also being: (i) adults (or, if not, duly authorized by the person exercising parental responsibility for the placement of an order on the Site); (ii) in possession of full legal capacity for the placement of orders on the Site. The Seller reserves the right, at any time, to request an identity document certifying the age and / or the aforementioned authorization to the Buyer. The Seller also reserves the right to refuse Orders, as defined below, placed by a Buyer not meeting the requirements set forth in this article.
1.5. The languages of the Contract shall be English and Italian.
1.6. The Buyer shall be aware of these General Conditions shown on the Website.
2. PRODUCTS’ INFORMATION
2.1. Information about the Products, included the main characteristics and prices, are available on the Website.
3.1. Having regard to VAT regulation, e-commerce is to be considered similar to the mail order-sales. For these kinds of sales no invoice is required, unless the Buyer expressively requests it within the consummation of the transaction, according to the art. 22, 1. Nr. 1 of the D.P.R. 633/1972 (Italian VAT law), which provides that: “the issue of the invoice is not required, unless on the Buyer’s demand by the time of the transaction”. Under art. 24 of the Italian VAT law, only the annotation in the register of daily transactions is required.
3.2. Should the Buyer request to receive the invoice, he/she shall specify it in the Order. No invoice can be required afterwards.
3.3. The transaction procedure is composed by the following phases:
3.3.1.Selection of the Product(s) clicking on “add to cart”;
3.3.2.Access to the “cart”: a page will appear showing the summary/changes of the products selected, the respective prices, quantity and a preliminary calculation of the delivery charges; please note that the contents of the "cart" may be subject to a deadline;
3.3.3.Confirmation of the selection by clicking on the command “proceed to checkout”: a page will appear requesting personal data and information concerning invoicing, delivery, summary of the selected products and their relative quantities with the exact amount of the delivery charges calculated in accordance with the delivery destination specified by the Buyer;
3.3.4.Completion of the requested personal data and information concerning invoicing, delivery, and conclusion of the request of purchase (the “Order”), by clicking on the command “proceed”, concerning the selected payment method; 3.3.5.Conclusion of the Order, completing the transaction by means of the selected payment method.
3.4. The Buyer is entitled to amend the Order until the full payment has been cleared. 3.5. The Order is to be considered sent only after the payment has been cleared.
3.6. The Buyer is liable for the rightness of the Order and shall check it prior to submission.
3.7. By submitting the Order, the Buyer shall acknowledge and declare that he/she has filled in in good faith all the information required, carefully read all the information provided by the Buyer throughout the transaction’s procedure and that he/she shall accept the General Conditions in their entirety.
3.8. The Seller shall send an automatic e-mail to acknowledge the receipt of the Order (“Order Reception”). The Order Reception shall not be considered as an acceptance of the Order. By means of the Order Reception the Seller communicates to the Buyer the reception of the Order and that the Seller has started the check of the Order, concerning the personal/invoicing/delivery data control and the verification of the availability of the Product(s). The Orders shall not be binding for the Seller if the Seller has not accepted them. In any case, the Seller reserves the right to refuse any Order in the event of: (i) ongoing controversy / dispute with the Buyer; (ii) refusal of payment authorization via credit card by banking institutions; (iii) failure to pay all or part of a previous Order by the Buyer; (iv) non-payment and / or partial payment. 3.9. The Contract shall be considered concluded and binding for the Seller when the Seller sends an e-mail containing a summary of the main characteristics of the Product(s), price, delivery charges and any other fees (the “Order Confirmation”). The Product(s)’s delivery shall be conditioned on the full cleared payment of price, charges and fees, according to the art.4.
3.10. The Product(s)’ sale and the purchase agreement shall be ruled by both the General Conditions and by the Order Confirmation. In case of contrast between the conditions of these General Conditions and the conditions of the Order Confirmation, the terms and conditions of the Order Confirmation shall prevail. If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
3.11. Product(s) that are shown on the Website may not be available. The Seller is entitled to suspend the sale of any Product at any moment. The Seller is entitled to modify and amend at any moment the General Conditions without notice, by means of the publication on the Website. The applicable version of the General Conditions shall be the one shown on the Website at the time of the Order. In case a Product is not available, the Buyer is informed, at the sole discretion of the Seller, of such unavailability: - at the time of placement of the Order, by means of a message on the Site informing the temporary unavailability of the Product; or - after the Order Confirmation and before delivery, by sending an e-mail to the Buyer.
3.12. Any promotions granted in the form of discount vouchers are valid for one Order per user only, within the specific period of validity and cannot be combined with other discounts.
4. PRICE AND PAYMENT
4.1. The prices shown on the Website shall be deemed with VAT, wherever applicable. The delivery charges and any other fees shall be deemed as not included in the prices and, in the event that the delivery is to be made towards an UE country, delivery charges and any other fees shall be communicated prior submitting the Order and in the Order Confirmation. The Seller reserves the right to modify the prices at any time. In any case, the Products will be invoiced based on their price applicable at the time of the Order Confirmation, subject to their availability.
4.2. Every payment shall be made at the time of the submission of the Order via the authorized platform and Payment Card Industry (PCI) Compliant.
4.3. The Seller informs that the server where the site page relating to payment by credit card is secured in order to protect all data connected to the payment means as effectively as possible. The Seller is relieved of any responsibility.
5. TERMS OF DELIVERY
5.1. Unless otherwise communicated in writing by the Seller, the delivery term shall be the address specified by the Buyer in the Order and accepted by the Seller in the Order Confirmation.
5.2. The shipment will be carried out by the postal services or by a courier (depending on the case and / or selected delivery options). The delivery charges shall be borne by the Buyer and they shall be verified prior to submitting the Order. The Seller shall send to the Buyer an e-mail with the tracking number of the shipment after the submission of the Product allowing the Buyer to check the shipping status. 5.3. The property and the risk of loss and damage of the Products shall pass to the Buyer as of the time of the delivery.
5.4. The terms of delivery indicated in the Order or in the Order Confirmation, or in any other communication, shall not be binding for the Seller. The Seller is entitled to anticipate or delay the delivery of the Product(s) or of part of them. This shall not give rise to a right of action for damages or for liability of the Seller by the Buyer.
5.5. In the case that the Buyer does not receive or refuses to receive the Products at the delivery address, the Seller, on his own decision, is entitled to claim the specific performance of the Buyer’s obligations or to terminate, totally or partially, the Contract, without prejudice of his right to compensation for damages. Every risk or cost connected with the Products’ stock shall be borne by the Buyer.
6. RIGHT OF WITHDRAWAL
6.1. The Buyer is entitled to withdraw within 14 days from the date of the delivery.
6.2. The Buyer shall communicate his/her intention to exercise the right of withdrawal filling out the form available at the relative part of the Website (hereinafter “Exercising of Withdrawal or Return procedure”).
6.3. After the receipt of the Exercising of Withdrawal, the Seller shall send to the Buyer’s e-mail address indicated in the form, the electronic label that the Buyer shall print and apply to the box containing the Products to be returned.
6.4. In order to exercise the right of withdrawal, the Exercising of Withdrawal shall be sent within 14 days from the delivery and the Product(s) shall be returned to the Seller within the following 14 days, with the same packaging.
6.5. The delivery charges for the return shall be borne by the Buyer. Should the Product(s) be returned within the terms indicated above, the Seller shall reimburse the corresponding amount already paid by the Buyer (except for possible deductions for the use or the damage of the Product(s), and the commission expenses required by the authorized platform selected by the Buyer). The reimbursement shall be provided within 14 days from the return. The Seller is entitled to withhold the reimbursement until he has received the Product(s) back.
6.6. The Buyer shall store the Product(s) and its packaging with the necessary diligence. The Buyer shall not open the Product(s). In case of breach, the Seller is entitled to deduct the cost of any deterioration of the Product(s) up to the value of the reimbursement which the Buyer would have been entitled to.
6.7. The right of withdrawal is excluded in the following cases: - express waiving by the Buyer; - supply of tailored or personalized Products; - supply of sealed Products, incapable of being returned for hygienic reasons or connected to health protection, which have been opened after delivery; - supply of Products combined with other products.
7. DEFECTIVE OR DAMAGED PRODUCTS GUARANTEE
7.1. The Seller is required to deliver to the Buyer Products in conformity with the order placed by the Buyer. It is assumed that the Products comply if: - they are suitable for the use to which goods of the same type are usually destined; - they conform to the description provided by the Seller and possess the qualities of the goods that the Seller presented to the Buyer as a sample or model; - present the qualities that a Buyer can legitimately expect given the nature of the goods and the public statements made by the Seller as to the specific characteristics of the goods; - they are suitable for the particular use requested by the Purchaser which has been brought to the attention of the Seller who has accepted it. However, despite all the efforts of the Seller to represent the Product(s) in the most precise manner through the use of pictures and other images, certain Product(s) may seem to be slightly bigger or smaller than their real size due to the defects of the screen or of the photography technique used.
7.2. The Seller is also obliged to ensure that the Products sold are immune to hidden defects that make them unsuitable for the use for which they are intended or that appreciably decrease their value.
7.3. If the Products delivered do not comply with the Products ordered by the Buyer or if they have hidden defects, the Buyer must send an e-mail to the address email@example.com to communicate the non-conformity or hidden defects of such Product / s.
7.4. Following the reporting of non-compliance or the presence of defects, Mapskin S.r.l. will confirm the receipt of the Buyer's request and will inform the latter of the procedure to be followed. Upon receipt of the instructions by Mapskin S.r.l., the Purchaser will return, at his own expense, the Products that do not conform or are affected by a hidden defect to the Seller at the following address: firstname.lastname@example.org. The Product (s) must absolutely be: - returned complete, unused, in original intact packaging and - accompanied by the original packaging, as well as by the invoice. The Seller will not accept parcels that are not stamped. Any risk connected to the return of the Product(s) is the responsibility of the Buyer. Upon receipt of the Product(s) allegedly not compliant or affected by a hidden defect, the Seller will carry out an inspection of the Product(s) to ascertain the conformity thereof. Likewise, the Seller is entitled to carry out a quality test on the Product(s) returned by the Buyer to verify that the Product(s) returned is/are the original Product(s). It is understood that these checks are carried out as soon as possible and no later than 10 (ten) days. If the non-compliance of the Product(s) or the hidden defect is confirmed, the Seller will reimburse the non-compliant Product(s) or the Product(s) concerned by a hidden defect, as well as shipping costs, depending on the payment method used by the Purchaser, within the term of 14 (fourteen) days from receipt of the non-compliant Product or the Product(s) concerned by a hidden defect. It is understood that the Seller shall be liable within the limit of the price and the Seller shall not be liable in any case for the direct or indirect, accidental or consequential, foreseeable or unforeseeable damages suffered by the Buyer or by third parties that may be caused by the use of the Website and/or by the purchase, or by the usage and the storage of the Product(s).
8. INDEMNIFICATION AND COMPENSATION
8.1. The Buyer agrees to defend, indemnify and hold Mapskin S.r.l. harmless from any damage, cost or other loss, including reasonable legal fees, which could derive from any third-party legal action following the use of the Site or the violation of these General Conditions. Furthermore, the user agrees to indemnify Mapskin S.r.l. for any damage, cost or other loss, including reasonable legal fees, deriving from the use of spy software, crawlers or similar IT tools for collecting and extracting information, or from actions such as to unreasonably or excessively affect the IT infrastructure of the Site.
9. SELLER’S LIABILITY AND FORCE MAJEURE
9.1. None of the provisions contained herein limits or excludes the Seller's liability for any case in which an exclusion or limitation of liability would be contrary to the law. 9.2. The maximum responsibility of the Seller for any loss or damage connected with the Purchase, excluding cases of force majeure, will be limited to the amount of the concerned purchase itself.
9.3. The packaging of the Products will be carried out by the Seller at its discretion in the manner deemed most appropriate.
9.4. For the purposes of this article, events of a force majeure mean those events beyond the control of the Seller and which the Seller could not reasonably foresee and avoid and which prevent, or render significantly more complex, the execution of the delivery, including but not limited to: strikes, earthquakes, floods and other prohibitive meteorological conditions, war and similar events, etc.
10. PROHIBITION OF TRANSFERING THE ORDER
10.1. The Buyer shall not transfer the Order without the prior written consent of the Seller. In case of breach of the terms of the Contract, the Contract shall be automatically terminated by the Seller, without prejudice to the right of claim of damages and other remedies.
11.1. The Seller reserves the right to modify these General Conditions at any time and without notice, by posting on the Site. The version of the General Conditions applied to the Buyer's Order is the one published on the Site at the time of placement of the Order.
11.2. If one or more clauses of these General Conditions will be considered void or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
11.3. The tolerance shown in fact to the non-observance of any of the Articles of these General Conditions shall not be construed as an exception or renunciation of the provisions of the written rule, of which the interested party may at any time avail himself of. 11.4. The present is a faithfully translation of the Italian text.In case of discrepancies between the two versions, the Italian version shall prevail.
12. GOVERNING LAW
12.1. This General Conditions and the contracts between the Seller and the Buyer shall be governed by and construed in accordance with the Italian Law.
12.2. The application of the Convention on Contracts for the International Sale of Goods (Vienna 1980) is expressly excluded.
13.1. For any dispute connected with the application, execution or interpretation of this General Conditions of Sale, in the event that the Buyer is domiciled in a UE country, the relevant court will be the court of the Buyer’s domicile or the Buyer’s elected domicile; in any other case, the relevant court will be the court of Milan, Italy.