General Terms and Conditions of Sale
This is an automated translation. The italian language version is the original version of this conditions.
This e-commerce site crueltyfreecosmetics.biz (hereafter “site” or “e-commerce”) is owned by Vertigo Società Cooperativa (hereinafter referred to as “Vertigo”), with its registered office in via Foggini 34/45, 50142 Florence (FI), registered at the Chamber of Commerce of Florence at number FI-655577 of the Business Register, tax code and VAT number IT06779810487.
Cruelty Free Cosmetics ® is a registered trademark granted on free loan to Vertigo.
Any information, support, request or complaint can also be forwarded to the e-mail address helpme [at] crueltyfreecosmetics.biz, at the phone number +39 347 97 184 97 or via the chat on the site.
This site is dedicated to the promotion and online sales of cosmetic products marketed by Vertigo.
Purchases made on the site are governed by these general conditions of sale, which can be changed at any time by Vertigo, effective from publication on the site. The sending of the order by the Customer is valid as acceptance of the conditions of sale published at that time on the site.
Vertigo observes the legislation on distance contracts pursuant to art. 50 and following of the Legislative Decree n. 206 of 6 September 2005, as well as that relating to e-commerce pursuant to Legislative Decree no. 70 of 9 April 2003. The present general conditions must be considered an integral and substantial part of the contract.
Vertigo invites the Customer to carefully examine the conditions listed below, and to print them and / or save them on another durable medium accessible to him.
1.1 The term “online sales contract” refers to the purchase and sale contract relating to the movable tangible goods marketed by Vertigo, stipulated between this and the consumer, in the context of a remote sales system through telematic tools, organized from Vertigo.
1.2 The term “Customer” refers to the consumer as a natural person making the purchase referred to in the present contract, for purposes not related to the commercial or professional activity carried out by the same.
2 Object of the contract
2.1 With this contract, respectively, Vertigo sells and the customer purchases remotely, via telematic tools, the movable tangible goods indicated and offered for sale on this site.
2.2 The products referred to in the previous point are illustrated on the site and described in the relevant information sheets; the image accompanying a product may not be fully representative of its characteristics, but differ in color, size and accessory products.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products made by third parties that use direct links to the site through banners or through other hyperlinks / links. In no case will Vertigo be held responsible for the provision of services promised by third parties or for the execution of e-commerce transactions between Vertigo’s customers and third parties.
2.4 Vertigo reserves the right not to process orders received from users who are not “Customers”, as well as any other order that does not adhere to the commercial policy of Vertigo.
3 Stipulation and conclusion of the contract
3.1 The contract between Vertigo and the Customer ends through the Internet through the access of the Customer to the present e-commerce, where, following the procedures indicated, the Customer will come to formalize the proposal for the purchase of the goods referred to in the points 2.1 and 2.2 of the previous article.
3.2 The purchase contract is completed by completing the following procedure, available only in Italian, which can always be corrected, modified and canceled until the order is sent:
- by accessing this e-commerce the Customer must add the desired products to the cart, complete all the following pages, following the instructions, and electronically transmit the page with all the personal data and the purchase order to Vertigo;
- the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and its price (including VAT), the type of payment that you have chosen for the purchase, the conditions for the delivery of products, the contributions required for delivery and transport as well as references to the general terms and conditions for the return of products purchased online;
- before proceeding with the sending of the order, the Customer will be required to identify and correct any possible errors occurred during the compilation of the fields and to read carefully the terms and conditions that regulate the sale and purchase, to print a copy them using the printing option and save or request a copy for personal use;
- an order will be deemed sent when Vertigo receives the order proposal electronically and the information relating to the order will have been preliminarily verified as correct.
3.3 The order sent by the Customer will be binding for Vertigo only if the entire order procedure has been completed correctly and correctly, without any indication of error messages from the Internet site, and after the submission by Vertigo to the Customer an e-mail confirming the order. The e-mail contains the details of the customer and order, a summary of the general and special conditions applicable to the contract, the price of the goods purchased, the means of payment chosen, transport costs, taxes and applicable taxes, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to Vertigo to the addresses indicated above.
3.4 By placing an order, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept these general conditions of sale. By placing the order the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due under these terms and conditions of sale.
3.5 The contract is not considered perfected and effective between the parties in defect of what indicated in the previous point.
3.6 Vertigo may not take charge and process the order if there are not sufficient guarantees of the solvency of the payment, if the orders are incomplete or incorrect, or if the products are no longer available. In the cases mentioned above, the Customer will be informed by e-mail that the contract has not been executed and that Vertigo has not confirmed the purchase order specifying the reasons.
3.7 The contract stipulated between Vertigo and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Vertigo. This acceptance is considered tacit, unless otherwise communicated in any manner to the Customer.
3.8 Pursuant to art. 12 of Legislative Decree 70 of 2003, Vertigo informs the Customer that every order sent is stored in digital or paper form at its premises, according to criteria of confidentiality and security. The Customer may at any time request a copy from Vertigo.
4 Methods of payment
4.1 Each payment by the Customer can be made only by one of the methods indicated on the site. The credit cards of the major international circuits and the prepaid and rechargeable cards issued by banks in Italy are accepted:
- PAYPAL (Postepay, Visa, Maestro, MasterCard, American Express, Discover, Aura)
- BANK TRANSFER
4.2 For payments made by PayPal, the actual charge of the order amount will occur only when it is complete and ready for shipment. If the unavailability of a product is detected after the registration of the order and the reservation of the upright on the card, Vertigo will take the necessary measures with the payment operator to cancel the transaction related to the unavailable goods.
4.3 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuers, to protect the customer. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically canceled and the sale will be settled ex art. 1456 c.c. The customer will be informed via e-mail communication.
4.4 The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
5.1 The selling prices displayed on the site shop.crueltyfreecosmetics.biz are to be understood inclusive of I.V.A. and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation e-mail, without considering price increases or decreases, also for promotions, possibly intervened later.
5.2 The shipping costs charged to the customer are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the payment is made.
5.3 The issue of the invoice is not mandatory, if it is not requested by the Customer no later than the time of operation, as indicated in art. 22 of the D.P.R. of 10/26/1972 n. 633. By submitting the order to Vertigo the Customer agrees to receive the invoice / receipt in electronic format. The customer can receive the invoice / receipt in paper format by expressly requesting it to Vertigo. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
6 Availability of products
6.1 The availability of the products refers to the moment in which the Customer consults the product sheets; this must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to others before the order confirmation. In any case, Vertigo can not be held liable in case of unavailability of one or more products.
6.2 Vertigo will not be in any way responsible for the temporary or definitive unavailability of one or more products. The site highlights the cases in which restrictions on the purchase of individual products are valid. In case of unavailability, even temporary, of the requested products, Vertigo undertakes not to charge the customer the corresponding price. If the order has been sent and the price has already been paid for items that are no longer available, Vertigo will refund the customer the full amount paid for those items.
6.3 Even after sending the e-mail confirmation of the order by Vertigo, there may be cases of partial or total unavailability of the goods. In this case, the customer will be promptly informed by written notice or e-mail and can decide whether to accept the delivery of only available products, obtaining reimbursement for unavailable ones or requesting cancellation of the order, resulting in reimbursement of amounts possibly already paid, communicating via e-mail to Vertigo.
6.4 For the eventuality referred to in the previous point, the Customer can choose, when sending the order, whether to accept a supply other than the agreed one, of the same value.
7 Delivery methods
7.1 Vertigo will deliver the selected products purchased via express courier to the address indicated by the Customer when ordering, as confirmed in the summary e-mail referred to in point 3.3.
7.2 Orders will be processed as soon as they are received. Vertigo undertakes to deliver the products as quickly as possible and in any case within 30 days from the date of conclusion of the contract.
7.3 The total amount of expenses will be visible before proceeding with confirmation of purchase.
7.4 The goods shipped will be checked and delivered to the shipper intact and without defects. Vertigo can not be held responsible in any way for any delays or damage attributable to the fault of the shipper.
7.5 The ordered goods depend exclusively on the wishes of the customer. If it is refused, Vertigo will charge the customer the transport costs of return.
7.6 Shipment insurance (optional). All conditions applied to the shipment insurance are explained here: https://support.packlink.com/hc/it/categories/200948245-Tutto-Sull-Assicurazione. If you choose to pay for insurance, you accept those conditions. Before confirming the shipment, Vertigo reserves the right to cancel this insurance by giving prior notice to the customer and reimbursement of the paid option.
8.1 Vertigo assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.
8.2 Vertigo will not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to it, and unless they are due to Vertigo’s failure or omission, since the Customer is entitled only to full refund of the price paid and any additional charges incurred.
8.3 Vertigo can not be held responsible for the information, data and any technical or other inaccuracies that may be contained on the site, if they have been communicated by third parties and have been verified by Vertigo according to the criteria of ordinary diligence.
8.4 Vertigo assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
8.5 Vertigo can not be held responsible for any direct or indirect damage caused by transport as a courier’s responsibility. The customer must accept “with reserve” the package that is delivered for which he has doubts about possible damage.
8.6 Vertigo assumes no responsibility for any loss of the package by the courier involved in the transport.
9 Right of withdrawal
9.1 The Customer has the right to withdraw without penalty and without specifying the reason, within 10 (ten) solar days from the day on which the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the goods . In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term runs from the day on which the Customer or a third party, different from the carrier and designated by the Customer, acquires the physical possession of the last good.
9.2 To exercise the right of withdrawal, the Customer is obliged to inform Vertigo of his decision to withdraw from the contract through an explicit declaration (for example, a paper letter sent by mail via registered mail or by PEC at coopvertigo [at] pec.it ). To this end, you can use the withdrawal type form that you can download here.
9.3 To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.4 The substantial integrity of the asset is an essential condition for exercising the right of withdrawal. The return of products not intact, deteriorated or without accessories or original equipment will not be accepted by the seller and the goods will be returned to the sender with an increase in transport costs.
9.5 If the Customer withdraws from this contract, all the payments he has made to Vertigo will be reimbursed, excluding delivery costs, without undue delay and in any case no later than 10 (ten) working days from the day on which Vertigo received the returned goods. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement. The right of Vertigo to withhold the reimbursement until it has received the goods and ascertained that it is in conformity with the withdrawal is reserved.
9.6 In case of exercise of the right of withdrawal, the Customer returns the goods or delivers them to Vertigo at the agreed address, without undue delay and in any case within fourteen days from the date on which Vertigo communicated its decision to withdraw from the contract. The direct cost of returning the goods remains with the Customer.
9.7 The Customer is responsible for the diminished value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
9.8 If the right of withdrawal is exercised, Vertigo will not be responsible for transport costs for the return or for any loss or damage to the products attributable to third parties.
9.9 In any case, the right of withdrawal lapses in the following cases:
- Contracts for the supply of goods that can be damaged quickly and whose return has been made after the maximum return date.
- Goods returned after the maximum return period.
- Sealed goods that are returned without a seal.
- Edible or personal hygiene goods that are open, used or tested.
- Goods returned evidently open, used, tampered with, damaged.
- Goods purchased in multiple packages and returned only in part.
10 Guarantees and methods of assistance
10.1 Vertigo markets high quality products. Remember in any case that the legal guarantee of conformity for the goods is provided for by the law. In case of receipt of products that do not comply with the sales contract, pursuant to art. 129 and ss. of the Consumer Code, the Customer loses all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
10.2 In any case, unless there is proof to the contrary, it is presumed that the conformity defects that occur within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect of conformity.
10.3 In the event of lack of conformity, the Customer may request, alternatively and without charge, the following conditions, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is not objectively impossible to satisfy or is excessively expensive for Vertigo pursuant to art. 130, paragraph 4, of the Consumer Code.
10.4 The request must be sent in writing, by registered letter A.R., to Vertigo which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days from receipt. In the same communication, where the Customer’s request has been accepted, Vertigo must indicate the method of sending or returning the goods as well as the deadline for the return or replacement of the defective goods.
10.5 If the repair and replacement are impossible or excessively expensive, or Vertigo has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Customer , he may request, at his choice, a reasonable reduction of the price or the termination of the contract. In this case, the Customer must send his / her request to Vertigo, which will indicate its willingness to proceed with the same, or the reasons that prevent it from doing so, within seven working days from receipt.
10.6 In the same communication, where the Customer’s request has been accepted, Vertigo must indicate the reduction in the proposed price or the methods for returning the defective goods. In such cases, it will be the Client’s responsibility to indicate the methods for crediting the amounts previously paid to Vertigo.
11 Customer Responsibilities
11.1 The Customer undertakes to pay the price of the good purchased in the times and methods indicated in these General Conditions of Sale.
11.2 The Customer undertakes, once the on-line purchase procedure has been completed, to provide for the printing and storage of these Terms and Conditions of Sale, which will have already been expressly accepted before the conclusion of the procedure.
11.3 The Customer is solely responsible for the correctness of the data entered in the registration procedure and undertakes not to enter false, and / or invented, and / or fictitious data. The Customer holds Vertigo relieved of all responsibility deriving from the issue of incorrect tax documents due to incorrect data supplied by the same.
12.1 These General Conditions of Sale are constituted by the totality of the clauses that compose them.
12.2 If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such by law or following a decision by a body having jurisdiction, the other provisions will continue to have full force and effectiveness.
DISCLOSURE PURSUANT TO D. LGS. 196/2003
We inform you, pursuant to art. 13 of Legislative Decree no. 196/2003 that Vertigo will process the data provided by you in compliance with the legislation on the protection of personal data processing.
The provision of data is necessary and therefore a refusal to provide them determines the inability to perform the online shopping service.
We also inform you that the personal data you provide are collected electronically and processed, even with the help of electronic means, directly and / or through third parties (company for home delivery, for mailing and for the data entry) and may be used, subject to your necessary and explicit consent, for the functional purposes of the activities listed below:
execution of the service and management of the purchase order of the products;
statistical processing, sending of advertising material, including through the use of electronic mail.
The provision of data for the aforementioned purposes is optional: your refusal will make it impossible for Vertigo to follow up on its activities.
In any case, your data will not be disclosed (except to companies for home delivery, for mailing and for data entry) or sold to third parties. Within Vertigo, the data may be known only by persons specifically appointed to work at the Head of E-commerce, Information Technology, Marketing, Sales, Sales and administrative offices.
Pursuant to art. 7 of Legislative Decree 196/2003, you have the right at any time to obtain from the Data Processor information on the processing of your data, its methods and purposes and the logic applied to it;
1) confirmation of the existence of the data and the communication of the same and their origin;
2) the identification details of the Data Controller and the Data Processors, as well as the subjects or categories of subjects to whom the data may be communicated or who may become aware of them as managers or agents;
3) updating, rectification and integration of data;
4) cancellation, transformation into anonymous form, blocking of data processed in violation of the law;
5) the attestation that the operations referred to in points 3) and 4) have been brought to the attention of those to whom the data have been communicated and disseminated, with the exception of the case in which such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right;
6) to oppose: to the processing of data, even if pertinent to the purpose of collection, for legitimate reasons; to the processing of data for purposes of commercial information or for carrying out market research.
The data controller is Vertigo. To exercise the rights provided for by art. 7 of Legislative Decree 196/2003, write to Vertigo to the attention of the person in charge of processing personal data or to the e-mail address helpme [at] crueltyfreecosmetics.biz
14 Applicable law. Choice of the Forum
14.1 All contractual relationships between the parties and these general terms and conditions are governed by Italian law.
14.2 For any and all disputes that may arise in relation to the application, interpretation and execution of these general conditions of sale, the Court of Florence (FI) will have jurisdiction.
15 Final clause
15.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.