TERMS AND CONDITIONS
1.1. The website www.originalpureskin.com, owned by DMC srls., with registered office in V.le Mediterraneo, 553, 30015 Chioggia, in the person of its representative Denis Mancarella, registered with the Venice and Rovigo Chamber of Commerce, as n. REA: RO – 418063 in the Register of Companies, P. IVA (VAT no.) IT04414730277, (hereinafter also ““OPS! Original Pure Skin””) was created to carry out the retail sale of full-beauty Made-in-Italy products, by way of example and not limited to: creams, make-up products, detergents, etc.. (hereinafter also referred to as the “Products”).
1.2. The following are the general terms and conditions governing the relationship between the Customers (as defined below) and OPS! Original Pure Skin with regard to the sale of the Products.
2. SCOPE OF APPLICATION
2.1. These general conditions of sale (hereinafter the “T&C”) apply to purchases of Products in OPS! Original Pure Skin’s electronic catalogue at the time the order is placed and which can be viewed online at www.originalpureskin.com (hereinafter the “Site”). The images accompanying the description of a Product have only an illustrative purpose to allow the best perception of the various chromatics. The images of the Products may not exactly match the product itself, but may differ in colour and size, even in the accessories shown in the figure.
2.2. These T&C may be amended and/or updated at any time by OPS! Original Pure Skin.
2.3. Any amendments and/or additions will be effective from the date of their publication on the Site.
2.4. For the purposes of these T&C, the customer who accesses the Site to make purchases is any natural person who acts for purposes unrelated to his trade, business, craft or profession (hereinafter the “Customer”). The Customer is required, before sending the order, to read carefully these T&C that have been made available to him on the Site and that will be available at all times by the Customer also through the link contained in the e-mail confirmation of each order to allow its reproduction and storage.
3. APPLICABLE LAW
3.1. The regulations expressly referred to for distance contracts are provided for by section II of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) s.m.i. and for sales with electronic instruments by Legislative Decree no. 70 of 9 April 2003 s.m.i.
3.2. The sales contract between the Customers and OPS! Original Pure Skin shall be governed by and construed in accordance with Italian law.
4.1. In order to be able to purchase the Products on the Site – without however this procedure entailing an obligation to purchase on the part of the registrant – each Customer must register on the Site by choosing a username and a password and providing the following personal data:
– first name and surname;
– date of birth.
and when placing an order will also be required:
– address of residence;
– telephone number;
– shipping address if different from residence;
– tax code or VAT number.
4.2. The data provided to OPS! Original Pure Skin will be stored upon registration, the processing of such data is subject to privacy regulations, pursuant to Legislative Decree No. 196/2003 and EU Reg. No. 679/2016 (so-called “GDPR”); Customers can change such data at any time by accessing their profile on the home page.
4.3. The username to access the reserved area of the Site will consist of the e-mail address used for registration.
5. CONCLUSION OF THE CONTRACT
5.1. The sales contract between OPS! Original Pure Skin and the Customer shall be deemed concluded with the acceptance of the order by OPS! Original Pure Skin. Acceptance will be sent by OPS! Original Pure Skin to the email address provided by the Customer when registering on the Site.
5.2. This confirmation message will include the date and time of execution of the order and an ‘Order Number’, to be used in any further communication with the OPS! Original Pure Skin staff. The message contains all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections, in the manner described in this document.
5.3. In case of non-acceptance of the order, the OPS! Original Pure Skin staff guarantees timely communication to the Customer.
5.4. In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, in order to place an order the Customer shall:
– place a Product in the shopping cart by clicking on the relevant icon near the Product itself;
– at the end of the selection of the Products inserted in the cart, click on the “Place Order” button to proceed with the purchase;
– the Customer must then register, access the Site with his/her credentials or enter his/her data for a quick purchase without registering on the Site;
– the Customer will be able to choose the shipping method and will have to accept these T&C without reservation;
– the Customer may then proceed with the payment of the Products and delivery charges in the following ways: (i) Visa or Mastercard, bancomat circuit Maestro; (ii) Paypal; (iii) or any other method provided on the Site (as regulated in the following point);
– at the conclusion of the order, the Site will automatically assign a unique number which will be shown on the final purchase summary page;
– OPS! Original Pure Skin, after checking the payment and the actual availability of the Product in case of multiple purchases as provided for in point 6.7 below, will send the Customer the order confirmation which will contain the following information: i) number and date of the order; ii) detail of the Product(s), quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
– the Customer undertakes to verify the correctness of the data in the order confirmation email and to report any errors to OPS! Original Pure Skin.
5.5. Once the online order has been submitted, the Customer must print, save an electronic copy or keep these T&c as required by Legislative Decree no. 206/2005.
5.6. By placing an order according to the terms and conditions present on the Site, the Customer declares to have read all the information provided during the purchase procedure, to have understood it and to accept in full the T&C reported here in.
5.7. These T&C form an integral part of the sales contract concluded between the Customer and OPS! Original Pure Skin.
5.8. Only Products that are physically available in stock may be ordered on the Site. The integrated functionality of the availability of items in stock is precise, however, there may be small delays in communication between the actual in stock and the situation reported on the Site. Consequently, the availability of the item in some rare cases may not be guaranteed with certainty. If one or more items ordered are not immediately available for shipment, our staff will take care of them, depending on the consistency of the order and the expected time for replenishment, choose to proceed with one of the following solutions:
– process the available material immediately and send the missing Products as soon as they are available again without any charge for additional shipping costs;
– contact the Customer who will choose whether to receive the material in one go, delaying the processing of the order, or cancel the order for Products not available immediately.
5.9. In case of multiple purchases of Products, at the same time, by more than one Customer, OPS! Original Pure Skin reserves the right to verify, upon receipt of the order, the availability of the Product and, failing this, to promptly notify the non-acceptance of the order submitted.
5.10. Placing a Product in the shopping cart does not imply a commitment to conclude the purchase of the same. The Customer, until he or she has completed the procedure for the purchase of the Products, may: i) change the quantity and/or delete the Products already placed in the cart; ii) add other Products to the cart.
5.11. In the “my account” section in the Customer’s private area on the Site you can view your account information, monitor the status of your order, any return requests and make delivery requests to multiple addresses.
5.12. The order will be stored in OPS! Original Pure Skin’s database for the time necessary to execute it and, in any case, within the terms of the law.
6. METHOD OF PAYMENT
6.1. Credit card / debit card.
In case of purchase of Products with payment methods Visa and Mastercard, at the same time of the conclusion of the online transaction, the bank of reference will authorize only the commitment of the amount related to the purchase made. The amount relating to the goods processed, even partially, will be actually charged to the Customer’s credit card only when the goods are processed from our warehouse.
In case of purchase of goods with PayPal payment method, at the same time of the conclusion of the online transaction, PayPal will immediately debit the amount related to the purchase made.
7.1. The sale price of the Products is expressed in Euro and includes VAT and any other tax due at the time of purchase.
7.2. All sales prices of the products displayed and indicated inside the internet Site, inasmuch as they constitute a public offer according to art. 1336 c.c, may be subject to variations at any time.
7.3. Once the Customer has placed the order, this same will not be subject to any price change.
7.4. Any discount codes (%, 1+1, 3×2 or other mechanics), unless explicitly stated otherwise, shall always be considered not to be cumulative.
7.5. The shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, will be indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained in the order summary web page.
8.1. Each order shipped is accompanied by a detailed Transport Document as required by D.P.R. 21 December 1996 n. 696. The invoice will be issued only if requested at the time of order by indicating the number of your VAT number in the appropriate field. The document can be downloaded from the specific section of your account on the Site.
NB: It is not possible to request the invoicing of a previously filled order.
9. MEANS AND COST OF DELIVERY OF PRODUCTS
9.1. OPS! Original Pure Skin will promptly deliver the Products purchased by express courier, exclusively in countries belonging to the European Union.
9.2. The Products will be delivered within 15 working days from purchase, unless a different term has been agreed between the parties. The above delivery times are for indicative purposes only and, while they are usually respected, OPS! Original Pure Skin does not assume any commitment or guarantee that they will be respected.
9.3. Under no circumstances, therefore, will OPS! Original Pure Skin be liable for direct and/or indirect damage due to late delivery.
9.4. Delivery takes place from Monday to Friday during normal working hours (9 a.m. to 6 p.m.).
9.5. OPS! Original Pure Skin will not be liable for any failure to perform the order due to force majeure in the event it fails to execute the order in the time provided for in the contract.
9.6. Upon delivery of the Products by the courier the Customer must check that:
– the number of packages delivered corresponds to the number indicated in the accompanying document;
– the Products indicated on the packaging correspond to what is actually indicated on the invoice/payment slip;
– the packaging is intact, undamaged or in any way altered, even in the sealing materials (adhesive tape or strapping).
9.7. The Customer acknowledges that the withdrawal of the Product is a precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the consignee at the address specified in the order, the goods go into storage after three delivery attempts. The Customer is left with the “notice” of non-delivery. After 10 days of storage, the goods are returned to the sender. In the event of failure to collect the Product within five working days of the first delivery attempt, OPS! Original Pure Skin may invoke termination of the contract pursuant to art. 1456 of the Italian Civil Code. Once the contract has been terminated, the total amount paid by the Customer will be refunded, less the cost of unsuccessful delivery of the Product and the cost of returning it.
9.8. Any damage to the packaging and/or the Product or the mismatch in the number of packages or indications must be immediately reported by the Customer in the transport document.
9.9. In any case, OPS! Original Pure Skin cannot be held responsible for any delay in the execution of the order or in the delivery of what has been ordered.
9.10. Delivery costs, which will depend on the destination, weight and volume of the Products, shall be borne by the Customer for orders below 45€ and are clearly stated when placing the order. The payment of the goods by the Customer will be made using the method chosen when placing the order. Nothing is owed by the Customer in addition to the total amount of the order highlighted at the end of the purchase procedure.
10. RIGHT OF WITHDRAWAL
10.1. Pursuant to and within the limits set forth in art. 52 of the Consumer Code, the Customer has the right, within 14 calendar days of receipt of the purchased Products, to exercise the right of withdrawal, consisting in the possibility to return the Products received and to obtain a refund of the price paid, without penalty and without having to provide any reason.
10.2. The aforesaid term commences on the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product or:
– in the case of multiple Products ordered by the Customer through a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product;
– in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece.
10.3. However, this right may not be exercised:
– in the case of orders below 50€
– in the case of the supply of goods made to measure or clearly personalized;
– in case of supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery;
– in the case of the supply of goods which, after delivery, are by their nature inseparably mixed with other goods.
10.4. The Customer who decides to make use of the right of withdrawal must send a written communication to OPS! Original Pure Skin by registered letter with return receipt to the address of OPS! Original Pure Skin, c/o DMS srls in 45015 – Corbola, in Via Lazzara, 15/d, or by certified mail to firstname.lastname@example.org and may anticipate such communication by e-mail to email@example.com, which will not replace the registered letter.
10.5. OPS! Original Pure Skin following the withdrawal of the Customer, within 24/48 hours of receipt of the notice of exercise of the withdrawal, must communicate by e-mail to the Customer a confirmation of receipt of the willingness to withdraw the same.
10.6. In accordance with the law, the Customer shall bear the shipping costs for the return of the Products that must be sent to the following address: OPS! Original Pure Skin at DMC srls, Via Lazzara n. 15/d – 45015 Corbola (RO) – Italy, within fourteen days from the date on which the Customer informs OPS! Original Pure Skin of his decision to withdraw from the contract (the term is respected if the Customer sends back the goods before the expiry of the fourteen day period).
10.7. In the event of damage to the goods during transport, OPS! Original Pure Skin will inform the Customer of the event (within the 5th day from receipt of the goods in its warehouses), to enable him/her to file a timely complaint against the courier chosen by him/her and obtain reimbursement of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, at the same time cancelling the request for withdrawal.
10.8. OPS! Original Pure Skin is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; upon arrival at the warehouse, the Product will be examined to assess any damage or tampering not resulting from transport. If the returned product is found to be damaged, OPS! Original Pure Skin will deduct a percentage from the refund due, as a contribution to the repair costs.
10.9. OPS! Original Pure Skin shall also reimburse all expenses incurred by the Consumer (purchase of the Product and original delivery of the same; those for return are excluded) within 14 days from the communication of the right of withdrawal, and in any case upon receipt of the returned Product, by Bank Transfer or PayPal. It will be the Customer’s responsibility to promptly provide the bank details on which to obtain the refund (name, surname, account holder, IBAN code).
10.10. The right of withdrawal is in any case subject to the following conditions:
– OPS! Original Pure Skin’s Products are sold in special packaging; such packaging is considered an integral part of the Products. Therefore, for the regular exercise of the right of withdrawal by the Customer, the purchased Product shall be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).
– the return, until receipt by OPS! Original Pure Skin, is under the full responsibility of the Customer;
– OPS! Original Pure Skin is not liable in any case for damage, theft or loss of the returned Products;
– upon arrival at the return address indicated above, the Product will be examined to assess any damage or tampering not resulting from transport.
10.11. The Consumer Customer will forfeit the right of withdrawal for lack of the essential condition of integrity of the Products (packaging and / or its contents), in cases where OPS! Original Pure Skin ascertains:
– lack or damage to the outer packaging;
– lack of or damage to the original inner packaging;
– the absence of integral elements of the Product (accessories, parts);
– damage to the Product for reasons other than transport.
10.12. In the event of forfeiture of the right of withdrawal, OPS! Original Pure Skin will return the purchased Product to the Consumer Customer, charging him/her the shipping costs and will not refund the price paid.
10.13. In case of need of communication regarding returns you can send an email to firstname.lastname@example.org.
11.1. Any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by a use of the Product that does not comply with its intended use and/or with the technical documentation attached to the Product are excluded from the scope of the legal warranty.
11.2. OPS! Original Pure Skin is liable when the defect of conformity manifests itself within two years from the delivery of the Product, unless a conventional warranty is provided beyond that period.
11.3. The Customer shall report the defect or defect to OPS! Original Pure Skin within two months of its discovery (unless OPS! Original Pure Skin has acknowledged or concealed the existence of the defect).
11.4. An action to assert defects not maliciously concealed by the seller is time-barred within twenty-six months after delivery of the goods (the Customer who is agreed to perform the contract may, however, always assert his rights under this article provided that the lack of conformity has been reported within two months of discovery and before the expiry of two years after delivery).
11.5. In the event of a lack of conformity, the Customer may request, without charge (including shipping costs), the restoration by repair or replacement, at his choice, unless the remedy is objectively impossible or excessively expensive compared to the other.
11.6. The above remedy is to be considered excessively onerous if it imposes unreasonable costs on OPS! Original Pure Skin compared to the other, taking into account: a) the value that the Product would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be performed without significant inconvenience to the Customer.
11.7. The replacements shall be made within a reasonable period of time from the request and shall not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.8. The Customer may request, at his choice, an appropriate price reduction or termination of the contract if one of the following situations occurs:
– replacement is impossible or excessively expensive;
– OPS! Original Pure Skin did not replace it within a reasonable period of time;
– the replacement previously carried out has caused considerable inconvenience to the Customer.
11.9. After reporting the lack of conformity, OPS! Original Pure Skin may offer the Customer any other available remedy, with the following effects:
i) if the Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences with regard to the commencement of the appropriate period for repair or replacement, unless the Customer accepts the proposed alternative remedy;
ii) if the Customer has not already requested a specific remedy, the Customer must accept the proposed remedy or reject it by choosing another remedy under this Article.
11.10. A minor lack of conformity, for which it has not been possible or it is excessively costly to remedy the replacement, does not entitle the contract to be terminated.
12. COMPLAINTS AND CLAIMS
12.1. Any complaint shall be addressed to: DMC srls Via Lazzara, 15/d, 45015 Corbola (RO), – Italy.
12.2. Complaints made by e-mail or form of contact of the Site are not accepted and considered valid.
12.3. For any problems or anomalies found, before proceeding with the complaint, the Customer is invited to contact the OPS! Original Pure skin staff through the appropriate section on the Site. In almost all cases, any problem is resolved in a few hours.
13. HANDLING OF PERSONAL DATA
The Customer’s data are processed by OPS! Original Pure skin in accordance with the provisions of the legislation on the protection of personal data pursuant to and for the purposes of Legislative Decree no. 196/2003 and EU Reg. no. 679/2016, as specified in the information provided on the Site.
All content on www.originalpureskin.com, including text, documents, trademarks, logos, images, graphics, their arrangement and adaptations are protected by copyright and trademark law (Law no. 633 of 22 April 1941 and subsequent amendments, Royal Decree no. 929 of 21 June 1942 and subsequent amendments) and are covered by copyright. The website www.originalpureskin.com may also contain images, documents, logos and trademarks of third parties who have expressly authorised DMC srls to publish them. The reproduction, even partial, of the contents, texts, documents, trademarks, logos, images, graphics is prohibited. Any abuse will be prosecuted in accordance with the laws in force.
15.1. For any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into on-line through the Site, is competent the court of the place where the Customer has his abitual residence.
16. FINAL NOTES
OPS! Original Pure Skin believes in the quality of its products and tries to offer the best quality ingredients on the market. Having said this, please take note of the following:
– make sure you are not allergic to any of the ingredients of the products before application;
– OPS! Original Pure Skin cannot be held responsible for any reactions to the ingredients of the products sold;
– none of our products should be used as a substitute for medical care or clinical treatment;
– the information published on www.originalpureskin.com is not intended as a cure or treatment for dermatological problems and should in no way be considered as such;
– the advice given on www.originalpureskin.com or provided by Customer Service is for information purposes only and is in no way intended to replace medical advice;
– Please consult your doctor if you have any questions.