1) GENERAL NOTES

  • These general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions" or "GTC") are governed by the Consumer Code (Legislative Decree no. 206/2005), Section II, Distance Contracts (Articles 50 - 67), the rules on electronic commerce (Legislative Decree no. 70/2003 - Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce) and by the Italian Civil Code and apply exclusively to the sale by means of the Internet of the products marketed by Mesauda Beauty srl on the Site (hereinafter "the Products") and govern and constitute an integral and substantial part of all contracts entered into by the Client with Mesauda Beauty srl. As a result of placing an Order, the Client declares that he/she has read and accepts these GTC. These GTC shall prevail over any other general conditions of contract whose application is invoked in relation to one or more contracts.
  • The Customer undertakes to print and/or store these General Terms and Conditions of Sale electronically, in the manner preferred.
  • In the event of changes to the General Conditions, which Mesauda Beauty Srl reserves the right to make without prior notice, the General Conditions published on the Site at the time the Order is sent by the Client shall apply to the purchase order (hereinafter "Purchase Order").
  • The mere tolerance or failure of Mesauda Beauty Srl to dispute any failure by the Client to comply with the provisions of the GTC shall not be construed as tacit acceptance of such failure, nor as a willingness to deviate from what was agreed between the parties.
  • The owners of the Brands whose products are marketed on the Site are not parties to this agreement, but remain the sole owners of the rights to the logos, trademarks and registered trademarks relating to the products presented on the Site and holders of the relevant copyright.
  • The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Mesauda Beauty Srl.
  • In order to be able to validly conclude this contract, legal capacity to act and any age limits prescribed by law are required, which the Purchaser declares to possess.
  • Mesauda Beauty Srl does not charge any fees or impose any charges for access to the Site, it remains the sole responsibility of the Buyer to pay any charges necessary to connect via the Internet to the Site (including telephone charges, if any) according to the rates applied by the operator chosen by the Buyer.
  • Prices and goods for sale on the Site are subject to change without notice.
  • The Seller reserves the right, without prior notice, to modify the goods on the Site or to change their characteristics at any time and without prior notice or obligation.
  • The Seller reserves the right to make changes and improvements to any of the goods offered on the Site, without any obligation to make such changes to those already sold.
  • This Site can be accessed by users from all over the world, where all Products present are expressly intended for sale, but the Site itself may contain references to goods that are not available or cannot be purchased in the country of the Site visitor.

2. CONCLUSION OF THE CONTRACT

  • The publication of the Products displayed on the Website constitutes an invitation addressed to the Customer to formulate a contractual proposal to purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Conditions of Sale and of the privacy policy. The Conditions of this offer apply exclusively to purchases made on the Site.
  • The purchase contracts (hereinafter "Contracts") entered into on the Website are concluded by the Client with Mesauda Beauty Srl. The contract entered into between Mesauda Beauty Srl and the Client shall be deemed concluded with the acceptance, even partial, of the order by Mesauda Beauty Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed tacit, unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Client declares that he/she has read all the information provided during the purchase procedure and fully accepts the general and payment conditions transcribed below.
  • Orders may not be placed for products which, although present in the Site catalogue, are indicated as being unavailable. In any case, the products present on the Site are offered while stocks last and subject to their actual availability. Information on product availability will be provided to the Purchaser when an e-mail is sent confirming receipt of the Order.
  • The Buyer may select one or more products and/or services from the different categories available on the Website.
  • Mesauda Beauty Srl may change at any time the assortment of products offered for sale on its Website, especially depending on reasons related to its suppliers and/or the information related to them such as prices, description or availability of the products, without prior notice. Mesauda Beauty Srl will not make any change to the price, availability or description of any product subsequent to Mesauda Beauty Srl's acceptance of the Order sent by the Buyer.
  • Before sending the Order, the Purchaser may view on the Website all the information referred to in Article 49 of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") such as, purely by way of example and without limitation, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he wishes to purchase and all other mandatory information required by Italian law.
  • The products comply with the applicable legislation in Italy in force at the time of the Order. Mesauda Beauty Srl cannot be held responsible for the non-compliance of the products with the legislation of the country to which the Buyer wishes delivery to be made. The Buyer is required to check with the local authorities of the country where the products are to be delivered on how to import and/or use the products and services he intends to order. Mesauda Beauty Srl cannot guarantee that the information on product packaging will be translated into languages other than Italian.
  • The photographic representation of the Products on the Website is indicative with mere illustrative purpose for the sale, without any guarantee or commitment, on the part of Mesauda Beauty Srl, about the exact correspondence of the image depicted on the Website with the real Product (by way of example but not limited to: size, color, shape, accessory products present in the picture, etc.); in case of difference between the image and the written product sheet, the description of the product sheet shall always be authentic.

3) PRICES

  • All prices on the site are intended as retail prices and, therefore, do not include any customs clearance charges for deliveries to countries outside the European Union. Mesauda Beauty Srl reserves the right to change prices at any time, without prior notice. In the event that an incorrect and/or clearly derisory price is published, for whatever reason (error in systems, human error, etc.), the order will be cancelled, even in the case of initial validation.
  • All prices include VAT and other statutory taxes.
  • Delivery costs and costs for cash on delivery, where this method of payment is permitted at the time the order is placed, shall be borne by the Customer and shall be adequately highlighted in the Purchase Order.
  • The Price shown on the Site at the time of confirmation of dispatch shall apply to the Products, without any consideration of previous offers or any subsequent Price variations which, however indicated on the Site, may vary at the time of confirmation due to the Purchaser's own tax treatment with request for lower taxation.
  • If the Products are to be delivered to a country outside the European Union, the total price indicated in the Order and reiterated in the Order Confirmation, including VAT, is net of any customs duties and any other sales tax, which the Buyer hereby undertakes to pay, if due, in addition to the price indicated in the Order and reiterated in the Order Confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. For information on any duties or taxes applied in his country of residence or destination of the Products, the Buyer is invited to contact the competent bodies of his country of residence or destination of the Products.
  • Any other costs, charges, taxes and/or duties that a given country may apply for any reason to the products ordered under this contract shall be borne exclusively by the Buyer.
  • The Buyer declares that the lack of knowledge on its part of the costs, charges, duties, taxes and/or levies referred to in the preceding paragraphs at the time of sending an order to the Seller shall not constitute grounds for termination of this contract and shall not in any way be charged to the Seller.
  • Mesauda Beauty Srl develops during defined time intervals and at His unquestionable appreciation promotional campaigns also in order to promote the access of new Buyers to the site and to reward the loyalty of its regular Customers, therefore reserves the right to interpret the conditions of application of the promotions, extend them by communicating it in the due manner and time, or proceed to the exclusion of any participant in the promotions in the event that anomalies, abuses or unethical behavior in the participation of the same are identified.
  • Online Credit Card transactions are carried out directly on the Bank's website, through a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a mode designed to prevent interception, modification or falsification of information. Mesauda Beauty Srl has no knowledge of the data of the Credit Cards used by its customers.

4) ORDER

  • Purchase Orders shall be placed exclusively online through the order procedure on the Site, excluding any other form (e.g. telephone, mail, e-mail).
  • The Purchase Contract shall be considered concluded at the moment of receipt of the order by Mesauda Beauty Srl; in this case Mesauda Beauty Srl undertakes to acknowledge receipt of the Order by sending a confirmation email to the email address mandatorily communicated by the Client. This Confirmation will summarize the Products chosen, the relevant Prices (including delivery charges), the address for delivery, any order number (to be referred to even after the order for any communications) and the General and Particular Conditions applicable to the Order.
  • In the case of multiple orders, as many contracts are concluded as there are Products ordered.
  • A maximum number of 10 (ten) units may be purchased for each individual transaction for each article reference on the Website.
  • The order cannot be placed in relation to products which, although present in the catalog of the Site, are indicated as unavailable. In any case, the products present on the Site are offered until their availability is exhausted and Mesauda Beauty Srl where it finds insubstantial stocks, will have the right to notify even after payment and offer a refund.
  • The Client is solely responsible for the truthfulness and correctness of the information and data provided to Mesauda Beauty Srl and requested by the latter through the Site, and undertakes to promptly report any changes in the data entered. Possible additional expenses determined by errors or omissions in the entry of data in the purchase form or not reported in a timely manner, will be borne by the Client.

4.1) PURCHASING PROCEDURE

  • Customers can purchase the Products on www.mesaudabeauty.com, illustrated within their respective categories, as described in the relevant information sheets on the site, by following the technical access procedures outlined below.
  • In order to purchase products, the customer must register on the site by entering his or her details in the registration form and must fill in the electronic order form available on the site, following the instructions below. 
  • The customer must place the selected products in the "Shopping Cart" and proceed to the purchase.
  • If the customer needs to change some data in his purchase order, he should follow up by sending an email to support@mesaudabeauty.com
  • Once this operation has been completed, the customer will see a summary of the purchase order, including shipping costs, with a request for further confirmation of the purchase procedure.
  • The customer then selects the desired method of payment, i.e. credit card, PayPal or cash on delivery, and sends the order by clicking on the appropriate button.
  • Once the order has been placed, the customer will receive a summary of the purchase in the e-mail box indicated.

5) PAYMENT METHODS

  • Unless otherwise agreed, the Customer shall pay the price of the ordered items in full, at the same time as placing the Order. Mesauda Beauty Srl reserves the right to make delivery of the purchased items only after receiving payment of their full price. As part of the process of placing the Order in the manner specified in the Site may be proposed by Mesauda Beauty Srl, at its complete discretion, with the possibility of variation without the need for prior information, different payment instruments, such as payment by credit card (exclusively Visa, MasterCard, Maestro), payment through the protected system "Paypal", payment by prepaid card (eg. "Postepay").
  • Simultaneously with the communication of the Order Confirmation, the amount corresponding to the purchased Products will be charged to the Customer.
  • The customer agrees to receive any invoices requested in electronic format. Invoices shall be issued on the basis of the information provided by the Customer. No changes to the data shall be possible after the invoice has been issued.
  • For reasons of security of transactions and where required by banking intermediaries and the like, Mesauda Beauty Srl reserves the right to request the sending of a copy of an identity document of the holder of the Credit Card in order to complete the order.
  • By accessing the payment procedure and submitting the same, the Customer declares that he is not in breach of Legislative Decree no. 231/07, as supplemented by the recent Legislative Decree no. 151/09, on the subject of national legislation on the prevention of money laundering.

6) DELIVERY METHODS

  • Mesauda Beauty Srl will deliver the purchased products within 3-4 working days (thus excluding holidays and Saturday and Sunday days), by specialized carriers of its own trust, which it reserves the right to notify the Customer after payment and vary at any time for better order fulfillment.
  • Upon delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier: a) that the quantity and type of the Products ordered corresponds to what is indicated in the transport document; b) that the packaging for transport is intact as well as any seals affixed by Mesauda Beauty Srl or the carrier, not damaged, wet or otherwise altered, even if only in the sealing materials; c) that the quantity, quality and type of the Products delivered corresponds to what was ordered.
  • Any anomalies or discrepancies must be immediately notified to the carrier upon receipt of the Products, by means of their exact annotation on the delivery note or transport document and contacted immediately and, in any case, no later than 7 (seven) days from Delivery, through the channels and at the references listed in the "Contacts" section.

7. DELIVERY COSTS

  • The delivery costs to be paid together with the price of the purchased goods shall be borne by the Customer and adequately highlighted in the Order. The cost of each shipment may vary depending on the delivery and payment method, as well as the destination and the total amount of the order.

8. SUPPORT SERVICES

  • The Customer may obtain information regarding After Sales Services by accessing the relevant section of the Site, or by contacting Mesauda Beauty Srl through the channels and at the references listed in the "Contact" section.

9) RIGHT OF WITHDRAWAL

  • If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Article 64 of the Consumer Code within the limits provided for by that legislation and therefore has the right to withdraw from the Purchase Agreement (hereinafter the "Right of Withdrawal") for any reason, without offering any explanation and without any penalty, in the manner specified below and in accordance with the most favorable that may result from a change in the Consumer Code.
  • The Withdrawal may relate to all the Products marketed by Mesauda Beauty Srl on the Site purchased by the Consumer (Total Withdrawal) or only part of them (Partial Withdrawal).
  • The right of Withdrawal is exercised by sending, within 14 (fourteen) calendar days from the date of receipt of the Products (full proof of receipt is the date shown on the delivery note) an email communication forwarded to support@mesaudabeauty.com
  • The notice of Withdrawal must expressly specify the intention to withdraw from the Purchase and the Product or Products for which the right of Withdrawal is to be exercised, attaching a copy of the relevant purchase invoice and transport document (DDT). In the communication, the Customer must also confirm that the Products are intact and stored in perfect condition in their original packaging, complete in all its parts.
  • Following the correct exercise of the right of Withdrawal, Mesauda Beauty Srl will forward to the Client, via e-mail the necessary authorizations to proceed with the return.
  • Products must be returned within 30 (thirty) calendar days from the date of their receipt. For the purposes of the deadline, the Product shall be deemed to be returned when it is handed over to the accepting post office or carrier.
  • The right of withdrawal is however subject to the following conditions:
    • the right applies to the individual Products purchased in their entirety;
    • the purchased products must be intact and returned in their original packaging, complete in all its parts (including packaging and accessory documentation);
    • However, the right cannot be exercised in the case of sealed goods that are unsuitable for return for reasons of hygiene or health protection and have been opened after delivery:
    • the transport costs relating to the return of the Product shall be borne by the Customer;
    • the Return is under the full responsibility of the Customer.
  • The right of withdrawal governed by these General Terms and Conditions does not apply to goods made to measure or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, as well as products intended for personal use.
  • If the right of Withdrawal has been correctly exercised, Mesauda Beauty Srl will refund the Client the full amount already paid, including Delivery Charges, within 60 (sixty) calendar days from the actual return of the products, free of charge.
  • The amount reimbursed will be net of the costs of returning the Products, which will be borne by the Customer.

10) GUARANTEES

  1. a) Legal guarantee for the consumer
  • Consumers, as defined in Article 3 of the Consumer Code (hereinafter referred to as the "Consumer Code", Legislative Decree No. 206 of 6 September 2005), are entitled to avail themselves of the legal guarantee provided for in Article 128 et seq. of the Consumer Code.
  • This Warranty provides, among other things, that the Consumer, under penalty of forfeiture, report to Mesauda Beauty Srl any lack of conformity found in the purchased product within 2 (two) months of discovery (art. 132, Consumer Code).
  • Following such complaint, the Consumer shall be entitled to request the repair or replacement of the Product, without prejudice to the other rights provided for by law in favour of the Consumer.
  • The above legal Warranty is valid for the maximum term of 2 (two) years from the Delivery of the Product. Beyond this term Mesauda Beauty Srl, therefore, will not be responsible for conformity defects found by the consumer.
  • The legal guarantee allows the Buyer, in the event of a lack of conformity of the product, to obtain, by applying directly to the Seller, within a reasonable time taking into account the nature of the product, repair (if and to the extent possible), replacement of the product, reduction of the price or termination of the contract.
  • In any case, the warranty does not cover any use of the product that is not in accordance with the product's own use and the instructions and/or warnings provided by the Seller and/or the Manufacturer of the Product.
  • Any report of a lack of conformity of the product shall be submitted together with proof of purchase of the product from the Seller (tax document issued by the Seller or payment receipt).
  • In the event of replacement or repair of the Product, the terms of the warranty relating to the Product replaced or resulting from the repair shall be the same as those of the original product. Therefore, the overall two-year duration of the legal guarantee shall in any case start from the Delivery of the original product.
  • The rights arising from the legal guarantee of conformity may be exercised on condition that the Products have been used correctly, with due diligence and in compliance with their intended use and with the provisions of the enclosed indications, as well as upon presentation by the Customer of the delivery note received.
  • The legal guarantee of conformity shall apply only to defects not resulting from the normal use of the Product.
  • In any case, for the regulation of the legal guarantee, reference is made to the provisions of the Consumer Code in articles 128 et seq.
  1. b) Legal guarantee for non-consumer customers
  • Non-consumer customers, as defined in Article 3 of the Consumer Code, are entitled to make use of the legal guarantee provided for in the Civil Code.
  • This Warranty provides, among other things, that the non-Consumer Customer, under penalty of forfeiture, report to Mesauda Beauty Srl any lack of conformity found in the purchased product within 8 (eight) days of discovery.
  • The Legal warranty referred to above is valid for the maximum term of 12 (twelve) months from the Delivery of the Product. Beyond this term Mesauda Beauty Srl, therefore, will not be responsible for conformity defects found by the non-Consumer Customer.
  • The rights arising from the legal guarantee of conformity may be exercised on condition that the Products have been used correctly, with due diligence and in compliance with their intended use and with the provisions of the enclosed indications, as well as upon presentation by the Customer of the delivery note received.

11) LIABILITY FOR DEFECTIVE PRODUCTS

  • The provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) apply with regard to damage caused by a defective product. The Seller, as the distributor of the products presented on the Site, releases itself from all liability, none excluded and/or excepted, by indicating the name of the relevant product manufacturer.

12) FORCE MAJEURE

  • The Seller shall not be liable in case of total or partial non-fulfilment of its obligations under this contract if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike of public and/or private workers, strike and/or restrictions on courier and airline connections.

13) INTELLECTUAL PROPERTY

The trademarks Mesauda Milano, Mesauda Cosmetics, Mesauda Professional, Mesauda Nail Pro, Me by Mesauda, Top Notch by Mesauda, all figurative and non-figurative trademarks present on the Website, images, illustrations and logos and any content present on the Site (including, without limitation, texts, General Terms and Conditions of Sale, privacy, etc.) are the exclusive property of Gaon Srl and/or the respective owners of the intellectual property rights over them.
Reproduction in whole or in part, modification or use of trademarks, illustrations, images and logos, or any other content on the Site, for any reason and by any means, without the express written permission of Mesauda Beauty Srl and/or the respective holders of intellectual property rights on the same is strictly prohibited.

14) SECURITY OF TRANSACTIONS

The use of the Buyer's username and/or registration/access password shall constitute proof of the identity of the Buyer, who shall keep them at his own expense and responsibility, for the purpose of exercising the right of Mesauda Beauty Srl, upon confirmation of the Order, to demand the relevant amounts. The computer records of Mesauda Beauty Srl shall constitute proof of communications, Orders and payments between the Parties. Mesauda Beauty Srl and/or its business partners shall in no way be responsible for the misuse and/or disclosure to third parties of the Buyer's registration/access information.
The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the sums indicated for the purchase of the products indicated in the Order payable. Computer records, stored in the computer systems of Mesauda Beauty Srl and its partners, shall be considered proof of the communications, Orders and payments occurred between the Parties.

15) CAPACITY TO CONTRACT

The Buyer declares that he/she has full capacity to act and enter into a contract for the purchase of products and/or services on the Website according to these General Conditions of Sale. Mesauda Beauty Srl shall under no circumstances be required to verify the capacity to act of visitors and Buyers of the Website. In the event that a person without the necessary capacity to act places an Order on the Internet Site of Mesauda Beauty Srl, without prejudice to the responsibility of the person on the same responsible by law, for such Order and the related payment, Mesauda Beauty Srl, where it has had knowledge of it, may refuse to accept the Order.

16) PROCESSING OF PERSONAL DATA

  • The Customer's data are processed by Mesauda Beauty Srl in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the special section "Information pursuant to Article 13 of Legislative Decree 30.6.2003".

17) COMMUNICATIONS

  • Any communication may be addressed to Mesauda Beauty Srl using only the contact channels listed in the "Contact" section of the Site.

18) APPLICABLE LAW AND COMPETENT COURT.

  • The contract of sale between the Client and Mesauda Beauty Srl is understood to be concluded in Italy and governed by Italian Law.
  • The contract shall be governed by and construed in accordance with Italian law.
  • The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded to this contract.
  • Any disputes relating to the interpretation or execution of this contract shall be settled exclusively and irrevocably by the Court of Rome (Italy), without prejudice to the application of the provisions of Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 (Consumer Code) in the case of purchases by Consumers.
  • For all matters not expressly provided for herein, the provisions of current Italian law shall apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 (Consumer Code).
  • Out-of-court settlement of disputes: the Purchaser has the right to promote the out-of-court settlement of disputes relating to the consumer relationship with the bodies set up by the chambers of commerce, industry and agriculture pursuant to Law No. 580 of 29 December 1993, as well as to use the mediation procedures pursuant to Legislative Decree No. 28/2010 and subsequent amendments, under the conditions laid down by the body chosen by the Purchaser that will administer this procedure. This is without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for by Article 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided for by the service charters.

19) ASSIGNMENT

  • The Buyer shall not assign or otherwise transfer any of its rights and obligations under this agreement to any third party without the prior written consent of the other party.

20) VALIDITY OF CLAUSES

  • The headings of the clauses used herein are to be regarded as purely indicative and have no effect on the identification of the content and interpretation of this contract.
  • The present conditions do not prejudice the rights attributed by Italian law to the Purchaser acting as a Consumer or the rights guaranteed to him by the mandatory provisions of the system to which he is subject.
  • In the event that a clause or part of a clause of these general terms and conditions should be deemed invalid because it conflicts with or is contrary to a rule of law, all other clauses of this agreement or parts of the same clause shall remain in full force and effect.

21) CONCLUDING PROVISIONS

  • This agreement supersedes all contracts, agreements and understandings previously made between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties concerning the subject matter of this agreement.
  • The Purchaser declares that he has not been induced to enter into this agreement by previous oral statements.
  • The fact that one of the Parties does not claim against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver of the right to obtain performance of the obligation in question in the future.

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