Terms and Conditions of Sale
GENERAL TERMS OF SALE
These general terms regulate online purchases made on the website www.najolearibeauty.com by persons resident in European Union states and they are governed by Chapter I, Title IV, Part II and III of Italian Legislative Decree no. 206/2005 as amended and supplemented. They apply exclusively to purchases made by consumers, in accordance with and for the effects of Art. 3 of Italian Legislative Decree no. 205/2006.
1. General provisions
1.1. These general terms of sale (hereafter “General Terms”) regulate sales of products of Euroitalia S.r.l. branded “Naj Oleari” (hereafter, “Products” or “Product”) concluded at a distance on the website www.najolearibeauty.com (hereafter, the “Website”).
1.2. The distance selling service regulated by the General Terms is reserved exclusively to consumers (hereafter, “Customers” or “Customer”); 'consumers' means natural persons, aged over 18, acting for purposes extraneous to their commercial, business, artisan or professional activity.
1.3. The language used for concluding sale contracts on this Website is Italian or English.
1.4. Customers must carefully read the General Terms, available on the Website, in order to be aware of them, save them and possibly print them for retention. Contracts concluded with Customers will be archived by Euroitalia S.r.l., at the registered office and in the electronic archive kept in its databases, for a period of ten years.
2. Parties to contract and identification of seller
2.1. The contract is entered into between the Consumer Customer and the seller Euroitalia S.r.l., having its registered office in Via Pennati 17, 20900 Monza, Italy, VAT no. 00788550960, tax code 04719670152 (“Euroitalia S.r.l.”).
3. Conclusion of contract
3.1. The information on products present on the Website does not constitute an offer to the public by Euroitalia S.r.l. but only an invitation to order.
Therefore, with a view to entering into a valid sale contract, the Customer must send an order to Euroitalia S.r.l. containing the details of the products it intends to purchase, with the respective price.
3.2. The transmission of the order proposal constitutes a purchase offer for the selected Product, regulated by these General Terms and binding for the customer (subject to the right of withdrawal). The transmission of the order proposal by the Customer involves the latter's obligation to pay the price of the ordered Product, or Products.
3.3. To purchase a Product, the Customer must:
(i) enter the selected Product in the “Basket” by clicking the specific icon,
(ii) complete the order proposal,
(iii) select the payment method,
(iv) accept the General Terms, and
(v) send the order proposal to Euroitalia S.r.l. on the Website.
3.5. Before sending the order proposal, the Customer may make corrections and/or changes to the data entered by following the specific procedure indicated on the Website (by way of example but without limitation, the Customer may change the quantity of Products that it intends to purchase by adding or removing one or more Products from the “Basket”).
3.6. The contract between Euroitalia S.r.l. and the Customer is concluded when the Customer receives confirmation from Euroitalia S.r.l. that the order proposal has been accepted by way of the procedure envisaged on the Website (the “Order Confirmation”). The acceptance (or rejection) by Euroitalia S.r.l. of the order proposal will be sent to the Customer as soon as possible to the email address indicated by the latter in the order proposal.
3.7. Euroitalia S.r.l. may reject an order proposal (in that case, no sum will be due from the Customer to Euroitalia S.r.l., except, possibly, the sums indicated in Article 6) below in the following cases:
(I) lack of availability of the Products
(II) if the payment made by the Customer is not successful (by way of example, if the purchase price is not charged to the Customer's credit card)
(III) if there is a report, or a suspicion, of fraudulent or illegal activity, therein including a suspicion that the purchases are made for the purpose of resale;
(IV) if the Customer fails to fulfil its obligations deriving from a previous contract entered into with Euroitalia S.r.l..
In any case, Euroitalia S.r.l. may reject an order if the quantity of ordered Products appears, at its sole discretion, to be excessive.
3.8. If one or more ordered Products are unavailable, the Customer will be notified by e-mail. In that case, the order proposal will be cancelled or accepted only for the available Products. In the event of partial acceptance, the Customer must pay only the price relating to the available Products (if the payment is made by credit card, the Customer will only be charged the amount corresponding to the available Products).
3.9. In conformity with the provisions indicated in Article 51, paragraph 7 of the Consumer Code (as defined below), the Order Confirmation will contain a summary of the essential characteristics of the purchased Products, a detailed indication of the price and payment methods, and information and documents relating to the sales terms applicable to the signed contract.
4. Information on Products and their availability
4.1. The information on Products, together with the Product codes and their price, is available on the Website.
4.2. The visual representation of the Products on the Website, if available, is indicative and normally corresponds to a photographic image of those Products. It is merely aimed at presenting them for sale, with no guarantee or commitment, by Euroitalia S.r.l., of the exact correspondence of the image depicted on the Website with the actual Product, with particular regard to the colour aspects of the Products and/or packaging.
4.3. Euroitalia S.r.l. reserves the right to restrict, at any time, the quantity and/or type of Products that can be purchased on the Website. During the purchase process, if it is not possible to process the order due to the lack of availability of the ordered Product, the Customer will be notified by way of an automatic message. Euroitalia S.r.l. may not in any case be held liable towards the Customer due to the lack of availability of a Product.
4.4. Euroitalia S.r.l. is not in any case liable for any errors deriving from the lack of functioning of the Customer's connection to the Website.
5.1. The price of the products indicated on the Website is shown in Euros and includes VAT at the current rates in force in Italy. Delivery costs must be added to the price of the Products, which are indicated separately on the order form.
5.2. Euroitalia S.r.l. constantly checks the accuracy of the prices indicated on the Website, but it cannot guarantee the absence of any errors. If it identifies an error in indicating the price of a Product, Euroitalia S.r.l. will reject the order and will offer to the Customer the opportunity of purchasing the Product at the correct price.
5.3. For promotions and discounts, the price shown is made up of the basic price subject to discount, which corresponds to the list price, of the percentage discount applied, and of the new sale price.
6. Payment methods
6.1. The Customer may pay the fee for the Products contained in the order proposal and the shipping costs by Credit Card or PayPal.
The Customer must choose the payment method when sending the order proposal and that choice is irrevocable.
6.2. Euroitalia S.r.l. accepts payments made by the following credit cards: Visa; MasterCard; American Express, protected by the SSL security protocol and made in encrypted transaction environments.
6.3. The transactions will be charged to the Customer's credit card and the payment will be deemed to be made only after:
(i) the credit card details have been verified;
(ii) authorisation to make the charge has been received from the company issuing the credit card used by the Customer.
6.4. Euroitalia S.r.l. reserves the right to ask the Customer at any time to submit any additional information (e.g. landline telephone number) required to execute the purchase contract or to send a copy of documents proving ownership of the credit card used to finalise the purchase contract. If the Customer fails to send the information or additional documentation requested, Euroitalia S.r.l. reserves the right not to accept the order or to withdraw from the finalised purchase contract if the failure to send the requested information prevents the order or the contract from being executed, giving simultaneous motivated communication thereof to the Customer at the email address indicated by the latter.
7. Discount Vouchers - Promotional Codes
7.1. Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the voucher value.
7.2. The discount voucher may be accumulated with other commercial initiatives exclusively in circumstances where this is expressly indicated.
8. Shipment and delivery
8.1. The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of delivery, the Customer must sign for receipt. The delivery of the products will be made at street level.
8.2. The Customer must enter in the order form a shipping address located in the areas covered by the delivery service. If the Customer enters into the order form a shipping address that is located in areas not covered by the shipping service, EuroItalia S.r.l. may cancel the order in accordance with and for the effects of Art. 1456 of the Italian Civil Code, consequently refunding the sum paid within and not beyond 7 days. The period for making the refund will commence from the contract termination date.
8.4. The shipment is, in general, made for a consideration and the costs are borne by the Customer, unless otherwise agreed in the Product Specifications or in other parts of the Website.
The amount of shipping costs due from the Customer in relation to a specific order will be expressly indicated separately (in Euros and including VAT) in the order summary and, in any case, before the Customer sends the same, as well as in the order confirmation email.
The shipping costs do not depend on the number of products purchased or on the weight but they relate to the shipping service used to make the delivery.
8.5. Euroitalia S.r.l. reserves the right to change the shipping costs at any time, without prior notice, notwithstanding that the cost applied to the Customer will be that indicated in the order summary, before the Customer is bound by the contract, and it will not take account of any variations, upwards or downwards, after the same is sent.
8.6. After the shipment of the order by Euroitalia S.r.l., the carrier will then send to the Customer a communication containing the tracking number and/or the link to track the delivery with the possibility of submitting additional instructions for circumstances where the recipient is out and to manage undelivered products.
8.7. For multiple orders, concerning products that must be delivered separately, the procedure indicated in the above point will be applied autonomously to each delivery.
8.8. During the purchase process, before the Customer sends the order, the timescales within which Euroitalia S.r.l. undertakes to deliver the Products in the order will be indicated. The shipment and delivery terms commence from the working day after the conclusion of the contract, unless otherwise indicated. The delivery timescales of the specific order will also be indicated in the order confirmation. If the delivery timescales are not indicated, the delivery will, in any case, be made within thirty days commencing from the day after the contract is concluded.
8.9. In accordance with Art. 63 of the Consumer Code, the risk of loss of or damage to the goods, for reasons not attributable to the seller, transfers to the consumer only when the latter, or a third party designated by it and different from the carrier, materially enters into possession of the goods.
8.10. The delivery obligation is fulfilled by way of the transfer of the material availability or in any case control of the Products to the Cusotmer.8.8. The Customer must check, upon delivery of the Products by the Courier:
(I) that the number of delivered packages corresponds to that indicated in the delivery note;
(II) that the packaging and respective seals are intact, not damaged, not wet and not altered in any way.
8.11. Any damages to the packaging and/or to the Product or the lack of correspondence of the number of packages or with the indications must be disputed immediately by affixing a reserve of control on the Courier's delivery note. Once the Courier's document has been signed without the Customer having raised objections, the Customer may not raise any dispute to the Seller regarding the external characteristics of the delivered package.
8.12. If a reserve of control is affixed, if the good is damaged internally, the Customer must immediately inform Euroitalia S.r.l. of what has occurred and accompany the report with photographs proving the condition of the products.
The report may be sent using the electronic form available at on the Contact Us page.
9.1. The Products purchased on the Website are delivered using special packaging that guarantees high quality standards so that the products remain intact during shipments.
10. Right of withdrawal
10.1. In accordance with Article 52 of the Consumer Code, as defined below, the Customer may withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or its deputy authorised to receive the Product) materially enters into possession of the Product itself.
10.2. To exercise the right of withdrawal, the Customer must inform Euroitalia of the decision to withdraw:
by contacting Customer Services using the specific electronic form available at the link on the Contact Us page.
Customer Services will follow up the request by providing to the Customer the instructions for returning the goods, providing, for that purpose (in compliance with Art. 49 of the Consumer Code) the standard form to be completed and included in the package.
The shipment must be made by and not beyond 14 days from the date of receipt of the standard returns form.
The costs for returning the Product to Euroitalia S.r.l. are borne by the Customer.
10.4. The Products in relation to which the Customer has exercised the right of withdrawal must be, for hygiene reasons, intact and unused. Those Products must be returned in their original packaging, complete in all their parts (therein including the packaging and any accessory documentation which forms an integral part of the product, if present).
10.5. If the returned Product is found to be damaged during transportation, Eurotalia S.r.l. must only communicate the event to the Customer to allow it to file a report promptly with the courier chosen by it, against which (and/or the respective insurance company) it must take recourse.
10.6. Euroitalia S.r.l. is not liable in any way for damages or theft or loss of products being returned; any respective risk is therefore borne exclusively by the Customer which must choose, upon returning the goods, the most suitable delivery method to safeguard its interests.
10.7. Having received the return, and checked the integrity of the product as well as its lack of use by the Customer, Euroitalia S.r.l. will refund the sums paid for the purchase without undue delay, and in any case by and not beyond 14 (fourteen) days from the date on which Euroitalia S.r.l. materially acquires possession of the return and performs the appropriate checks indicated above. The consumer bears the return costs. The refund may be made by reversing the amount charged on the payment method used for the purchase in conformity with the related instructions and bank details which will be indicated by the Customer itself. If the purchase was made using a discount code, the refund will relate only to the sum actually paid, and the amount of the discount will not be refunded.
10.8. For partial withdrawal from multiple orders, the shipping costs will not be refunded as their amount does not depend on the number of products included in the order or the weight of the same.
10.9. In the event of partial withdrawal, if, by virtue of the withdrawal or partial termination, the amount actually paid (having deducted the refund) drops below the threshold allowing the Customer to obtain free shipment, the shipping costs will be charged to the Customer and, consequently, deducted from the refund amount.
11.1. In conformity with the provisions of Article 59, paragraph 1, letter c) of the Consumer Code, the right of withdrawal does not apply to orders relating to customised Products such as, by way of example and without limitation, Products on which the Customer's initials are engraved.
11.2. In accordance with subsequent letter e) of that Article 59, the right of withdrawal also does not apply to the supply of sealed goods which cannot be returned for hygiene or health protection reasons and which have been opened after delivery, such as, by way of example and without limitation, make-up creams and products opened by the Customer after delivery, removing the seal, and/or used.
12. Method of storing product. Allergic Reactions
12.1. The Products must be stored in a dry environment, away from heat sources and never exposed directly to sunlight.
12.2. The marketed cosmetic products are compliant with European Regulation 1223/2009 and are carefully controlled. However, situations of subjective intolerance to ingredients contained in the cosmetic products which may cause allergic reactions and irritations in certain persons cannot be excluded. Euroitalia S.r.l. is willing to respond to information requests and to receive reports of intolerances or allergies, before or after the purchase, in order to best support its Customers in the choice of products or in returning the same.
13. Product replacements
13.1. Without prejudice to the rights of the Customer provided by Articles 11 and 15 of these General Terms, Euroitalia S.r.l. does not grant to the Customer the possibility of replacing Products purchased on the Website with other products purchased in store or on other platforms.
14. Defects of conformity and legal warranty
14.1. Euroitalia S.r.l. guarantees the conformity of the product for a period of 2 years from delivery, as long as it has been stored adequately according to the instructions and methods of use indicated in Art. 13 above and identified in the information sheets delivered to the Customer during the phase of ordering the product.
14.2. For products opened after delivery, the conformity of the product is calculated with reference to the specific PAO (period after opening) for each type of product, clearly indicated on the packaging.
14.3. For products that specify a specific expiry date on the packaging, that information is indicative of the period within which the product maintains its conformity with respect to the use for which it is intended and, if it is less than two years, it accordingly limits the term for exercising warranty actions in accordance with Articles 128-132 et seq. of the Consumer Code.
14.4. The defect deriving from improper use of the product without following the instructions for use is not defined as a “defect of conformity”.
14.5. In any case, if a Product sold by Euroitalia S.r.l. presents a manufacturing defect or any alleged defect of conformity the Customer must immediately contact assistance.
14.6. In accordance with Art. 130 of the Consumer Code, the Customer is entitled to obtain:
a) the restoration of conformity of the good by way of replacement (excluding the repair in accordance with Article 130, paragraph 4 of the Consumer Code) of the Product to the conditions provided by law, with no cost charged to it, or,
b) if that replacement is not possible (for example, due to lack of stocks of the Product), the Customer, in accordance with the provisions of Article 130, paragraph 7 of the Consumer Code, may obtain a congruous reduction of the price of the Products or
c) the contract termination.
14.7. If the Customer requests, in the terms indicated in this article, the replacement of the Product due to a defect of conformity, the delivery costs relating to the return to Euroitalia S.r.l. of the Product to be replaced, along with all costs relating to the delivery to the Customer of the replaced Product, are borne by Euroitalia S.r.l., notwithstanding that the burden to advance those costs for the return of the good so that the appropriate verifications may be carried out is borne by the Customer.
14.8. The replacement of the Product due to a defect of conformity of the same will in any case be subject to the verification by Euroitalia S.r.l. of respect by the Customer of the correct methods of use and storage of the Product.
15. Guarantee of authenticity and intellectual property rights
15.1. The brand “Naj Oleari” class 3, along with every other figurative and non-figurative or service trademark, present on the Products and on the respective accessories and/or packaging, whether or not they are registered, along with all illustrations, images, logos, distinctive signs, names, photographs, video clips, written or graphical texts and more generally any other authored work or intellectual work or intangible asset protected by the laws relating to Products or in any case present on the Website are and remain the exclusive property of Euroitalia S.r.l. and/or its assignors and/or assignees. Any use of the same, even only partial, is prohibited in the absence of prior written authorisation of Euroitalia S.r.l., in favour of which all respective rights are exclusively reserved.
16. Applicable law and court with jurisdiction
16.1. These General Terms and, consequently, the contracts concluded with Customers, are regulated by Italian law and must be interpreted on that basis.
16.2. Any disputes with the Consumer Customer will be dealt with under the jurisdiction of the Judicial Authority of the place of residence or domicile of the same.
17. ODR and alternative dispute resolution
17.1. In accordance with Art. 14 of Regulation 524/2013 the Customer is informed that in the case of a dispute a complaint may be submitted by way of the European Union ODR platform, which can be reached at the following link http://ec.europa.eu/consumers/odr/.
17.2. The ODR platform constitutes an access point for Customers wishing to resolve out-of-court disputes deriving from sales contracts or online services.
17.3. For further information, complete the electronic form on the Contact Us page.
18. Personal data processing
19. Changes to the General Terms of sale. Invalidity
19.1. Euroitalia S.r.l. reserves the right to change the website, policies, and these General Terms at any time. The Customer will be subject to the policies and conditions of the General Terms in force each time when the latter orders products from this Website, except where any changes to those policies and conditions are required by the applicable law or by the competent authorities (in which case, they will apply even to orders made previously).
19.2. If any provision of these terms is deemed invalid, void or for any reason inapplicable, that condition will not prejudice the validity and effectiveness of the other provisions.
20.1. For further information and assistance on the Website or with the online payment methods the Customer may contact Euroitalia S.r.l via the Contacts page. Customer Services will respond from Monday to Friday, from 9am to 6pm.