GENERAL CONDITIONS OF SALE OF THE WEBSITE WWW.SHOTMODE-COSMETICS.COM
THESE GENERAL SALES CONDITIONS AND THE CONTRACTUAL RELATIONS BETWEEN SHOTMODE-COSMETICS AND THE BUYER ARE GOVERNED BY ITALIAN LAW. IN CASE OF DISPUTE, BEFORE STARTING ANY JUDICIAL ACTION, THE PARTIES UNDERTAKE TO SEEK AN EXTRAJUDICIAL SOLUTION.
We welcome you to www.shotmode-cosmetics.com (the "Site").
Any purchase of a product proposed on the Site requires consultation and explicit acceptance of the GCS. A handwritten signature on your part is not required for acceptance.
Pursuant to the applicable laws and regulations relating to electronic signature, please note that the validation of the purchase order, as specified in these GCS, constitutes an electronic signature, which has the same value between the parties as the handwritten signature, which is valid as proof the purchase order and the collectability of the sums due under the aforementioned order.
In the context of these GCS, the following is agreed: "You" or the "Buyer" means the person who browses the Site and / or purchases products on the Site; “We” or the “Seller” means the company identified in the above legal notices; the Buyer and the Seller will be jointly referred to as the "Parties" and individually the "Party".
TERMS OF PURCHASE
The Products and services that we offer on the Site are reserved for adults (or minors who hold an authorization from the person exercising the:
(i) parental responsibility and allowing you to place an order on the Site);
(ii) in possession of the full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for an identity document certifying your age and / or the aforementioned authorization. We reserve the right not to process a purchase order and / or to exclude from our customer / potential customer database any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
It should be noted that the Products are intended for the personal use of the Purchaser, that their purchase must not have any connection with the latter's professional activity, including the resale of the Products themselves.
PRODUCTS - PRICES
The cosmetic products offered for sale on the Site, as well as any related ancillary services and / or complementary products (hereinafter "Products") are those present on the Site on the day of the consultation and / or navigation on the same by the Purchaser.
If a Product is not available, the Purchaser is informed of this unavailability at the time the order is placed (a message will appear indicating that the Product is temporarily unavailable), or after the validation of the order and before delivery, by e-mail.
In the event that the Buyer requests the cancellation of the entire order, the Seller undertakes to reimburse the Buyer the sums paid by the latter within a maximum period of 14 (fourteen) days from the date of receipt of the request, depending on the payment method used by the Buyer.
The Buyer is informed of the fact that the photographs and texts illustrating the Products are subject to change.
The prices are indicated in Euros (€) and Pounds (£) and are valid throughout the Italian territory.
The prices take into account any discounts and VAT applicable on the day the order is placed.
It should be noted that any promotions granted in the form of discount coupons are valid only for a single order per user and in a specific period of validity and cannot be combined with other discounts.
The Seller reserves the right to change prices at any time; however, the Products are billed based on the rates in effect at the time of order registration, subject to their availability.
REGISTRATION AND VALIDATION OF THE ORDER
How to enter an order
To place an order, the Buyer must first connect to the Site.
Subsequently, the Purchaser can learn more about the different Products offered for sale on the day of the Site consultation and choose the Products:
• browsing the various categories of Products or;
• by directly typing the name of the Product into the search engine, or;
• by clicking on one of the pages in the Site map shown at the bottom of each page, thus accessing the entire range of products.
While browsing the Site, the Buyer who wishes to place an order can do so by simply clicking on the button to add the Product to the cart.
Once this is done, the Buyer will see the number of Products in their cart. We inform the Buyer that the contents of the cart may be subject to an expiry date.
The Purchaser can continue the visit or click on the cart to view its contents, viewing all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the billing and delivery data, the timing, the costs and any delivery limitations as well as the legal rights and guarantees available to the Buyer.
The Buyer can return to his order, complete it, modify it, cancel it if he has not yet validated it. If the Buyer wishes to choose other Products, he can continue browsing the Site, making sure that the Product (s) he has selected are / are present in his cart.
The Purchaser has the possibility, at any time of processing the order - that is, up to the actual payment under the conditions set out in these GCS - to return to his order, complete it, modify it, cancel it until it has actually validated it.
Once the selection of the Products has been completed, the Buyer can validate the order using the appropriate button. At that point, a new page will open which invites the Buyer to provide username (e-mail address) and password if the Buyer is already registered on the Site, or to click on the button that allows you to change the information relating to your personal data.
After having viewed the order, the Buyer is invited to click on the button that allows access to the payment of the order, under the conditions described in these GCS, or to click on the button that allows you to change the cart and / or related information to your personal data.
By clicking on the button that allows you to access the payment of the order, the Buyer must at first compulsorily read these GCS and subsequently confirm his consent to all the GCS, activating an acceptance confirmation action requested by the Site (such as ticking a box).
As soon as the Buyer confirms acceptance of the GCS, an Internet page dedicated to order payment opens.
The Buyer must then proceed with the payment of the order under the conditions described in these GCS.
The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.
Once the order has been confirmed and payment has been validated in the manner provided above, a printable and saveable summary of the Buyer's order is displayed which contains the references of the purchase order itself.
The Seller will send, as soon as possible, an e-mail confirming the order to the e-mail address communicated by the Buyer, with the following information:
• the identity of the Seller and his contacts,
• the order reference recorded at the time of the order,
• the order summary and the basic characteristics of the products,
• the timing, costs and any delivery limitations,
• the total amount of the order, including taxes,
• the rights and legal guarantees available to the Buyer,
• confirmation of payment.
The Seller retains ownership of the ordered Product (s) until the Seller has fully collected the price and ancillary costs, including shipping costs. In the event of payment problems, the Buyer undertakes to return the products received to the Seller, from the first request.
In order to protect the Seller from possible fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the Buyer (before processing the order) additional documents (in particular proof of domicile and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's credit card) for the purpose of verify the non-fraudulent nature of the order.
In the absence of a reply from the Buyer within 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be canceled and the Seller will proceed within 14 (fourteen) days after the expiry of the aforementioned term to the refund of the order according to the payment method used by the Buyer.
By explicit agreement between the Seller and the Buyer, the e-mail messages are authentic between the Parties, as well as the automatic registration systems used on the Site, in particular with regard to the type and date of the order.
The Buyer can access, if necessary, in accordance with the rules of common law, the electronic contract stipulated between the Buyer and the Seller. To this end, you must contact the Customer Service, which will provide all the necessary information, in particular the order number and its details.
The amount due by the Buyer is that indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by e-mail from the Seller to the Buyer.
At the time of order validation, the Buyer can choose between different payment methods.
Payment can be made:
• immediately via the Internet, by credit card (Visa, Amex, Mastercard);
• through Paypal.
The order is validated by the Seller only upon acceptance of the GCS and verification and confirmation of the validity of the payment.
In any case, the Seller reserves the right to refuse any order or any delivery in case of exceeding the maximum thresholds indicated in Article 1 - "Purchase Conditions" of
(I) these GCS,
(II) ongoing dispute with the Buyer,
(III) total or partial failure to pay a previous order by the Buyer
(IV) refusal of credit card payment authorization by banking institutions,
(v) non-payment or partial payment.
Neither Party will be responsible for total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter the "Force Majeure Events").
Force Majeure Events may include, but are not limited to, wars, riots, riots, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into the website servers, strikes of any form, telematic or telephone failures, etc.
The party that assumes that a Force Majeure Event has occurred or there is a risk of occurring, must inform the other Party within 5 working days of the event or the aforementioned risk.
The Parties agree to meet in order to jointly determine the terms and conditions for completing orders during the presence of a Force Majeure Event.
After 1 (one) month of interruption due to a Force Majeure event, the Site may choose to cancel orders and reimburse the Buyer, where due.
If one or more clauses of these GCS will be considered null or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
These GCS and the summary of the order sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.
In case of discrepancy between the aforementioned documents, these GCS will prevail.
Modification of the GCS
It should be noted that the Purchaser can save or print these GCS, provided that they are not modified.
The GCS in force can be consulted at any time under "Legal Notice" accessible from all pages of the Site.
The Seller may, at any time, update these GCS. Each updated version of these GCS will be made available on the Site in the dedicated section: the Site therefore invites all users to periodically consult the Site to always be informed of the latest version uploaded.
Applicable law and competent court
Italian law applies to the GCS and contractual relationships between the Site and the Buyer.