These Conditions regulate the commercial relations between the Seller and its "Final Clients / Customers" (hereinafter the "Customer") as part of each sale made through the www.esterel.it beauty store (hereinafter, the "Seller"). Object of the contract is the sale of cosmetic products and accessories.
The orders placed on the www.esterel.it beauty store are purchase proposals and they are binding for the seller only after order confirmation.
The www.esterel.it beauty store provides the full respect of the order requests as per the stock availability: in any case, the Seller will notify the customer of any changes regarding availability and / or delivery times.
Unless otherwise agreed, the delivery will be made by express courier at expense of the Customer. Any delays in delivery do not entitle to a penalty or compensation for direct and indirect damages, or to effect the interests neither the contract.
The Seller warrants that the products comply with current regulations concerning the cosmetic products. It is agreed that the presence of any minor differences does not constitute a lack of conformity.
The Customer undertakes to check the conformity of the goods promptly after the delivery and inform the Seller in writing, by registered mail with return receipt to be sent to the ESTEREL - Mario Zunino & C. Srl, Corso E. Kant n . 58/60, 10088 - Volpiano (To), about any lack of conformity of the product, by specifying in detail the nature, within a deadline of 15 days from the delivery, and shall include the batch number of the product and the details concerning the invoice or the purchase receipt.
If for the ordered product is evident a lack of conformity, which have been reported within the time and manner provided for in paragraph 2 of this Article, the Seller may, provided that the customer has made the products in sealed original packaging, at his discretion:
(A) replace the goods with conforming products, without any additional cost for the customer, or
(B) proceed to refund the amount paid by the customer or replace the product with another of equal or superior properties.
Seller, subject to the limits ex art. 1229 of the Civil Code, does not provide any guarantee on the outcome resulting in the use of the goods supplied. The Customer is aware that the end result following the application of the product is influenced by many variables not included in the sphere of control and responsibility of the Seller. The customer, therefore, if the final result does not conform to its expectations, will not charge the Seller for any responsibility, direct and indirect; nor any damage, direct, indirect, incidental and / or consequential damages, equity and / or equity will be due by the Seller.
The Parties agree to exclude any right of Customer to damages or compensation, and any contractual or extra-contractual liability of the seller for damages, direct and indirect, possibly caused by the rejection, even partial, of the order.
The Parties agree to exclude the liability of ESTEREL - Mario Zunino & C. Srl for delivery delays caused by unforeseeable circumstances, force majeure, actions not attributable to the Seller, including factual circumstances and therefore no damages, criminal and compensation is due in such cases.
Unless otherwise agreed, it is agreed that the remedies for non-conformity of the product specified in Article 5 paragraph 3 of this Agreement preclude any other remedy for non-compliance.
The Parties have agreed that, in the event of nullity, invalidity or unenforceability of disclaimers and limitation of liability of the Seller, any damages awarded to the customer, for the default assumptions of the Seller, will still be limited to an amount not exceeding the amount paid by the Customer for the purchase of the product.
Personal data is collected only for registering the customer and provide him with the procedures for the conclusion and execution of the contract and send the necessary communications. These data are processed electronically in compliance with applicable rules and can be disclosed only at the express request of the Judicial Authority or other authorities authorized by law.
The attention to security and confidentiality of customer data is a priority for the Seller. The information provided is kept strictly confidential and the Seller undertakes not to disclose and not to sell the information in its possession to a third party for promotional purposes.
The Customer, by signing these general conditions of sale at the time of purchase, declares to have been informed of all the elements required by Italian Law nr. 196/2003 and accept that personal data will be handled in accordance with law and possibly transferred to third parties whose collaboration should be necessary.
All disputes arising out of or in connection with this contract, including those relating to the sales contracts made on the basis of this contract, shall be exclusively settled by the Turin Court.
This contract is governed by Italian law.
For matters not covered by these general conditions of sale will refer to the regulations of the Italian Civil Code, and the rules in force in the cosmetics market.