CONDITIONS OF SALE

1) GENERAL NOTES

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions" or "GTC") are governed by the Consumer Code (Legislative Decree no. 206/2005), section II, Distance Contracts (articles 50 - 67), by the rules on e-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 e-commerce) and by the Italian Civil Code. 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 through the Internet of products marketed by Intelsis Srl on the Site (hereinafter "the Products") and govern and form an integral and substantial part of all contracts entered into by the Customer with Intelsis Srl. By placing an Order, the Customer declares that it has read and accepts these GTC. These Terms and Conditions shall prevail over any other general terms and 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 Terms and Conditions, which Intelsis Srl reserves the right to make without prior notice, the General Terms and Conditions published on the Website at the time the Customer sends the Order shall apply to the purchase order (hereinafter the "Purchase Order").
The mere tolerance or failure by Intelsis Srl to contest any failure by the Customer to comply with the provisions of the GTC shall not be construed as tacit acceptance of such failure, nor as a desire to derogate 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 whatsoever without the prior written consent of Intelsis 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.
Intelsis Srl does not apply any tariffs or impose any charges for access to the Site, and the Purchaser is solely responsible for any expenses necessary to connect to the Site via the Internet (including telephone charges), according to the rates applied by the operator chosen by the Purchaser.
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 Site are concluded by the Customer with Intelsis Srl. The contract stipulated between Intelsis Srl and the Customer must be considered concluded with the acceptance, even partial, of the order by Intelsis Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided during the purchase procedure and fully accepts the general conditions and payment terms 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.
Intelsis Srl may change the assortment of products offered for sale on its Website at any time, especially for reasons relating to its suppliers and/or information relating to them such as prices, descriptions or availability of products, without prior notice. Intelsis Srl will not make any changes to the price, availability or description of any product after Intelsis Srl has accepted 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 legislation applicable in Italy in force at the time of the Order. Intelsis Srl cannot be held responsible for the non-compliance of the products with the legislation of the country to which the Buyer wishes the 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. Intelsis Srl cannot guarantee that the information on the packaging of the products will be translated into languages other than Italian.
The photographic representation of the Products on the Website is purely for illustrative purposes for sale, without any guarantee or commitment on the part of Intelsis Srl as to the exact correspondence of the image depicted on the Website with the actual Product (including but not limited to: size, colour, shape, accessory products in the picture, etc.); in the event of any difference between the image and the written product sheet, the description on the product sheet shall always be considered authentic.

3) PRICES

All prices on the website are intended as public prices and, therefore, do not include any customs clearance charges for deliveries to countries outside the European Union. Intelsis 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 (systems error, human error, etc.), the order will be cancelled, even in the event 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.
Intelsis Srl develops, during defined time intervals and at its sole discretion, promotional campaigns to promote the access of new Purchasers to the site and to reward the loyalty of its regular Customers, and therefore reserves the right to interpret the conditions of application of the promotions, to extend them, communicating this in due time and manner, or to exclude any participant from the promotions in the event that anomalies, abuses or unethical behaviour in the participation of the same is identified.
Online credit card transactions are carried out directly on the Bank's website via a secure server using the SSL (Secure Socket Layer) protection system. This protocol allows communication in a manner designed to prevent the interception, modification or falsification of information. Intelsis Srl has no knowledge of the details 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 Agreement shall be deemed concluded at the time of receipt of the order by Intelsis Srl; in this case Intelsis Srl undertakes to acknowledge receipt of the Order by sending a confirmation email to the email address mandatorily communicated by the Customer. This Confirmation will summarise the Products chosen, the relevant Prices (including delivery costs), the delivery address, the order number (if any) (which can be used even after the order has been placed for any communications) and the General and Special 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.
Orders may not be placed for products which, although present in the Website catalogue, are indicated as being unavailable. In any case, the products on the Site are offered while stocks last and if Intelsis Srl finds that stocks are not available, it has the right to communicate this even after payment and offer a refund.
The Customer is solely responsible for the truthfulness and correctness of the information and data provided to Intelsis Srl and requested by the latter through the Site, and undertakes to promptly notify any changes in the data entered. Possible additional expenses caused by errors or omissions in the data entered in the purchase form, or not reported in a timely manner, will be borne by the customer.

4.1) PURCHASING PROCEDURE

The customer can purchase the Products present on www.mesaudacosmetics.it, illustrated within their respective categories, as described in the relevant information sheets contained on the site, by following the technical access procedures illustrated 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 any of the data in his or her purchase order, he or she should send an email to support@mesaudacosmetics.it.
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 full price of the items ordered, at the same time as placing the Order. Intelsis Srl reserves the right to deliver the purchased items only after receiving full payment of their price. As part of the process of placing an Order in the manner specified on the Site, Intelsis Srl may propose, at its sole discretion, with the possibility of change without prior notice, different payment methods, such as payment by credit card (only Visa, MasterCard, Maestro), payment through the secure 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 transaction security and where required by banking intermediaries and the like, Intelsis Srl reserves the right to ask for a copy of an identity document of the Credit Card holder 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

Intelsis Srl will deliver the purchased products within 3-4 working days (therefore excluding holidays and Saturdays and Sundays), by specialized carriers of its own trust, which it reserves the right to communicate to the Customer after payment and change at any time for a better order processing.
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 correspond to what is indicated in the transport document; b) that the transport packaging is intact as well as any seals affixed by Intelsis Srl or the carrier, not damaged, wet or in any way altered, even if only in the closing materials; c) that the quantity, quality and type of the Products delivered correspond 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 on After-Sales Services by accessing the relevant section of the Site, or by contacting Intelsis Srl through the channels and references listed in the "Contacts" 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 concern all the Products sold by Intelsis Srl on the Site purchased by the Consumer (Total Withdrawal) or only part of them (Partial Withdrawal).
The right to withdraw is exercised by sending, within 14 (fourteen) calendar days from the date of receipt of the Products (the date indicated on the delivery note is the full proof of receipt), an email communication sent to class="visible-link" href="mailto:support@mesaudacosmetics.it">support@mesaudacosmetics.it. 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 the transport document (delivery note). In the communication, the Customer shall also confirm that the Products are intact and kept in perfect condition in their original packaging, complete in all its parts.
Following the correct exercise of the Right of Withdrawal, Intelsis Srl will forward the necessary authorisations to the Customer by e-mail in order 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, Intelsis Srl will refund the Customer the full amount already paid, including Delivery Charges, within 60 (sixty) calendar days of the actual return of the products.
The amount reimbursed will be net of the costs of returning the Products, which will be borne by the Customer.

10) GUARANTEES

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.
Among other things, this Guarantee provides that the Consumer, under penalty of forfeiture, must notify Intelsis Srl of any lack of conformity found in the purchased product within 2 (two) months of its 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 a maximum period of 2 (two) years from the date of Delivery of the Product. Beyond this term, Intelsis 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.

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.
Among other things, this Guarantee provides that the non-consumer customer, under penalty of forfeiture, must report any lack of conformity found in the purchased product to Intelsis Srl within 8 (eight) days of its discovery.
The legal warranty referred to above is valid for a maximum period of 12 (twelve) months from the delivery of the Product. Beyond this term, Intelsis Srl, therefore, shall not be liable for any lack of conformity 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 brands Mesauda Milano, Mesauda Cosmetics, Mesauda Professional, Mesauda Nail Pro, Me by Mesauda, Top Notch by Mesauda, all the figurative and non-figurative brands present on the Website, the images, illustrations and logos and any content present on the Website (including, without limitation, texts, General Conditions of Sale, privacy, etc.) are the exclusive property of Gaon Srl and/or the respective owners of the intellectual property rights on the same.
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 Intelsis Srl and/or the respective owners of the intellectual property rights on them is strictly prohibited.

14) SECURITY OF TRANSACTIONS

The use of the Buyer's username and/or registration/access password constitutes proof of the identity of the Buyer, who must keep them at his own expense and responsibility, in order to exercise Intelsis Srl's right, upon confirmation of the Order, to demand the relative amounts. Intelsis Srl's computer records shall constitute proof of communications, orders and payments between the Parties. Intelsis Srl and/or its commercial partners shall not be liable in any way for the improper use 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. The computer records, stored in the computer systems of Intelsis Srl and its partners, will be considered proof of the communications, Orders and payments made 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 in accordance with these General Conditions of Sale. Intelsis Srl cannot, under any circumstances, be required to verify the capacity to act of visitors and Buyers to the Website. In the event that a person who does not have the necessary capacity to act places an Order on the Intelsis Srl Website, without prejudice to the liability of the person who is responsible by law for that Order and the related payment, Intelsis Srl may refuse to accept the Order.

16) PROCESSING OF PERSONAL DATA

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

17) COMMUNICATIONS

Any communication may be addressed to Intelsis Srl using exclusively the contact channels listed in the "Contacts" section of the Site.

18) APPLICABLE LAW AND COMPETENT COURT.

The sales contract between the Customer and Intelsis Srl is 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.

Monetay