SALES CONDITIONS

 

Last update:  June 04, 2018

1. Object

1.1. These general sales conditions, apply to the purchase contract relating to any purchase of products (hereinafter “Products”) performed through the e-commerce site https://www.intimatebleachingcream.com (hereinafter the “Site”) ) by users qualified as “Consumers” pursuant to article 1.2 below. The Website is owned and managed by Zhairon Srl, with registered office in Rome, Via Sardegna, 50 – CAP 00136, tax code and VAT No. 13269691005 and registration number in the Register of Companies of Rome 1434393 (hereafter ” Seller “o” Zhairon Srl “).

1.2. Purchases of the Products made through the Website will see the Seller as the party and the person who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the “Consumer”) and, together with the Vendor, hereinafter collectively referred to as the “Parties”).

1.3. All contents of the Site are protected by copyright and the relative copyrights are the property of Zhairon Srl. The Site can not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, connected and used, in particular to commercial purposes, without the prior written consent of Zhairon Srl.

1.4. Any communication of the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and according to the procedures indicated on the Website and at the e-mail address info@intimatebleachingcream.com

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer. The Consumer who accesses the Site to make purchases is required, before sending the order, to read carefully these General Conditions that have been made available to him on the Site and which will be available at any time by the Consumer.

1.6. The Site is dedicated to retail sale and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to execute purchase orders. Should one or more sales be made to a person who can not be classified as a consumer, these general conditions of sale will apply, but notwithstanding the provisions of the same:

a) the purchaser will not be granted the right of withdrawal referred to in Article 8;
b) the purchaser will not be able to benefit from the guarantee on the Products indicated in article 9;
c) any other protections, here provided for in favor of the consumer, that reflect or comply with mandatory provisions of law, will not be recognized to the purchaser;
d) the contract of sale concluded between the Seller and the buyer will be governed by Italian law;

1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information related to the order made and the present general conditions of sale are sent via e-mail to the address stated during the registration on the Site or during the purchasing process.

1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the legal capacity to act, which the Consumer declares to possess.

1.9. Any costs for connection via the Internet to the Website, including telephone, are charged exclusively to the Consumer, according to the rates applied by the operator selected by the Consumer.

 

2. Characteristics of the Products and their availability in the various geographical areas

2.1. The Products are sold with the characteristics described on the Site, in particular in the relative description, and according to the general conditions of sale published on the Site at the time of sending the order by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to change these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

2.3. Prices, Products for sale on the Site and / or their characteristics are subject to change without notice. Therefore, before sending the purchase order in accordance with the following Article 4, the Consumer is invited to check the final sale price.

2.4. The visual representation of the Products on the Website, where available, normally corresponds to the photographic image accompanying the descriptive card. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.

2.5. The site can be accessed from all over the world. The Products available on the Website are available for purchase by users requesting their delivery throughout the European Union or another country and / or region not subject to embargo and / or trade restrictions.

 

3. Prices and shipments of the Products

3.1. The minimum order that can be made on the Website is € 5.00. The prices of the Products on the Site are inclusive of all taxes and fees. All prices are expressed in euros. The price of the Products is the one indicated on the Website at the time of sending the order by the Consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include (i) shipping costs that are calculated before confirming the order transmitted by the Seller to the Consumer and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the Site as well as (ii) the surcharge of Euro 6.00 in the case of selection of cash on delivery method, as specified in the following Article 7.

3.2. The Consumer must pay the total price to the Seller, as indicated on the purchase confirmation page and in the order confirmation sent by e-mail from the Seller to the Consumer.

3.3. The delivery of the Products purchased on the Site is carried out at the shipping address indicated by the Consumer in the order form, on days between Monday and Friday, at the Consumer’s choice, with the exception of national holidays (such as, for example and non-exhaustive, 25 and 26 December, 1 and 2 January, Easter, Easter Monday) and the day immediately following the latter. Zhairon Srl will not be liable for any delays in delivery of Products that are not foreseeable or not attributable to Zhairon Srl itself. The delivery of the Products purchased on the Site will take place starting from the 2nd (second) day following the purchase, exclusively for orders completed by 24:00 of each day.

 

4. How to purchase the Products – Improvement of each individual purchase contract

4.1. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contract proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Consumer, by transmitting the purchase order to the Seller, is obliged to accept fully and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read the present general conditions of sale, including the information on the right of withdrawal referred to in Article 8 below, to print a copy through the print command and to memorize or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering his data.

4.2. Orders are subject to availability of the Products and acceptance of the Seller. The Seller reserves, at any time and at its sole discretion, to refuse an order, including, for example, cases where:

(i) the Products ordered are no longer available on the Site;

(ii) the Seller becomes aware of an error on the Site relating to the price and / or description of the Products;

(iii) the order can not be executed due to an error in the information provided by the Consumer (by way of example, but not limited to, information on payment, billing or delivery address);

(iv) the Seller has reason to believe that the order has been entered by a minor subject.

The Seller also reserves the right to make partial deliveries and / or to limit the quantities of Products covered by the Consumer’s order to a number of products deemed to be reasonably reasonable for domestic use. In this case, the Consumer will be charged only the price of the Products delivered.
In all cases where the Seller is not able to process an order, it is only partially, or intends to limit the quantities of Products that are the subject of the order, the Seller will contact the Consumer by e-mail or telephone, at the addresses provided at time of registration on the Site, as soon as possible and in any case within 5 (five) days from placing the order on the Site. Any payments already made by the Consumer will be promptly reimbursed by the Seller, with the same procedures used by the Consumer for the payment of the Products.

4.3 The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address that he / she has declared to the Seller when registering on the Website or sending the order if the Consumer is not registered at the Site, an e-mail confirming the order, which will report the link to the text of these general conditions of sale, the summary of the order, the description of the characteristics of the product ordered and the expected date of delivery Products. The order of the Consumer, the confirmation of the order of the Seller and the general conditions of sale applicable to the relationship between the Parties will be electronically filed by the Seller in their computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller all address info@intimatebleachingcream.com

4.4. Each purchase contract of the Products is concluded when the Consumer receives the order confirmation from the Seller by e-mail.

 

5. Procedure for selecting and purchasing the Products

5.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and inserting them in the appropriate virtual shopping cart. After the selection of the Products, to purchase the Products included in the shopping cart, the Consumer will be invited (i) to register with the Site, providing the requested data, or (ii) to login, if the Consumer is already registered or (iii) if it is not the Consumer’s intention to register with the Website, to provide their data in order to complete the order and allow the contract to be finalized. The Consumer already registered on the Site, may verify or change his personal data by logging in after logging into the “My Account” page, following the instructions provided therein, or directly to the “Change account information” section.

5.2. For the Consumer already registered on the Site, if the data indicated in the order are different from those provided during registration on the Site, the Consumer will be required to confirm his data (but not limited to: name, surname, etc .), as well as the address where to deliver the selected Products, the billing address and, optionally, a valid e-mail address and / or a telephone number where to contact him for any communications relating to the purchase made.

5.3. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, Stripe or PayPal, he / she will be required to communicate the relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the particulars indicated by the Consumer.

5.4. The Consumer will display a summary of the order to be executed, whose content can be modified: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check mark (check-box) present on the Website and finally, through the “Confirm order with obligation to pay” button, the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous par. 4.1. of this contract.

 

6. Delivery of goods and acceptance

6.1. The Site indicates the availability of the Products and delivery times of the same; however, this information is to be considered purely indicative and not binding for the Seller. Some Products may not be available for delivery on certain days of the week; therefore, the Consumer is invited to check for any restrictions on the delivery of these Products in the relevant descriptive sheet, before proceeding with the purchase.

6.2. The Seller undertakes to do everything in its own right in order to respect the delivery times indicated on the Site and chosen by the Consumer. The Seller can not therefore be held responsible for any loss or damage suffered by the Consumer due to delays in the delivery of the Products, unless such delay is attributable to willful misconduct or fault of the Seller. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any amounts already paid by the Consumer for payment of the Product in accordance with the following par. 6.3

6.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Website at the time the order is sent. The Consumer undertakes to promptly check, and in any case in the shortest possible period, that the delivery includes all the purchased Products and to promptly inform the Seller of any defect of the Products received or of their discrepancy with the order placed, according to the procedure referred to in the following art. 9 of these general conditions of sale; in the absence, the products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer were to arrive to destination evidently damaged, the Consumer is obliged (i) to accept the delivery “with reserve” noting on the delivery note the “reserve” or, alternatively, (ii) ) Refuse delivery by the carrier / shipper.

 

7. Payments

7.1. Payment can be made by bank transfer, by PayPal or by credit or debit card with Stripe under the conditions described below, as also specified in the “Methods of Payment” section on the page called “shopping cart” on the Site.
The Seller may allow additional payment methods, indicating them in the “Payment Methods” section.

7.2. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to PayPal or Stripe, an operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, through the encrypted transfer of data with SSL (Secure Socket Layer) system. Such data are not accessible even to the Seller.

7.3 In case of payment via Paypal or Stripe, the Consumer will be redirected to the appropriate page, where he can enter his registration data and make the payment. The order placed by the Consumer will not be processed by the Seller before the latter has collected the relative amount. On the expiry of the third day, if the Consumer has not made the due payment, the code will be deactivated and the order previously executed on the Site by the Consumer will be canceled.

7.4.The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address stated by the same, the receipt for the purchase made, if the Products purchased are intended to be delivered in Italy , or attached in paper format to the Products purchased, in all other cases.

 

8. Right of withdrawal and exclusions – Information

8.1. Pursuant to art. 59 of Legislative Decree no. 206/2005 (“Consumer Code”) and subsequent amendments, the right of withdrawal is excluded in the following cases:

– order of tailor-made or clearly customized products;

– order of Products that risk to deteriorate or expire rapidly;

– order for sealed products that are not suitable for being returned for hygienic reasons or related to health protection or which have been opened after delivery.

8.2 With reference to the cases of exclusion of the withdrawal listed above, the Consumer, in particular, is informed and accepts that among the Products that “sealed” that do not lend themselves to be returned for hygienic reasons or related to health protection or which were opened after delivery “includes those pharmaceutical and cosmetic products whose characteristics and qualities are subject to alteration, also as a result of unsuitable conservation by the consumer.

8.3 Without prejudice to the cases indicated in the previous Articles 8.1 and 8.2., The Consumer has a period of fourteen days to withdraw from the purchase contract of the Product without having to provide any reasons and without incurring costs other than those provided in the following paragraphs 8.6, 8.7 and 8.8.

8.4 Intimate White: the Consumer / Purchaser will have the right of withdrawal only if the Intimate White lightening cream has not been opened, or the warranty seal on the jar where present will not be broken. The packaging can be opened, but the jar can not be opened, thus going to contaminate the cream itself, as per reference to Article 8.1 – “Sealed products that are not suitable to be returned for reasons of hygiene or related to the protection of health or that have been opened after delivery “.

8.5 The aforementioned 14-day withdrawal period runs:
a) in the case of an order relating to a single Product, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product; or
b) in the case of the purchase of more Products ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.

8.6 To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the term referred to in the previous par. 8.1., Of its decision, by any explicit declaration. In order to facilitate the prompt management of the Consumer’s request, the latter is invited to inform the Seller of his decision, (a) by filling out the appropriate Form for the exercise of the right to cancel Sbiancamentointimo.it (downloadable in PDF format) and attached to the conditions of sale that will be made available to the Consumer together with the order confirmation, or (b) sending to the Seller any other explicit declaration to withdraw from the sales contract at Zhairon Srl, Via Sardegna, 50 – 00136 Rome (RM), indicating in any case the order number, the Product / s (s) for which the user intends to exercise the right of withdrawal and his / her address.

8.7 The Consumer who has exercised the right of withdrawal pursuant to this Article 8.1, must provide to return the Product / s purchased to the Seller, using a carrier of his choice and exclusive expenses, without undue delay and in any case within the deadline of 14 calendar days from the date on which you notified the Seller of your decision to withdraw. The Product object of withdrawal, appropriately protected and packed, must be sent to the following address: Zhairon Srl, Via Sardegna, 50 – 00136 Rome (RM). The direct costs of returning the Products subject to withdrawal to the Seller are the exclusive responsibility of the Consumer.

8.8 In case of exercise of the right of withdrawal, the Seller reimburses all payments received from the Consumer, including the costs of delivery of the Products, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests reimbursement by different means of payment, in this case the Consumer will be charged any additional costs arising from the different means of payment. The Seller is entitled to suspend the reimbursement of the aforementioned amounts until receipt of the Products subject to withdrawal or until the Consumer has demonstrated that he has sent the Products back, if previous.

8.9 The Consumer is responsible for the diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratching, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and tags unaffected and attached to the product) , not accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the certificate of guarantee, where present, the Consumer will respond to the reduction in the value of the asset, and will be entitled to reimbursement of the amount equal to the residual value of the Product . To this end, therefore, the Consumer is invited not to manipulate the good beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and cover the original packaging of the Products with other protective packaging that preserves the integrity and protect it during transport even by writing or labels.

 

9. Legal guarantee of conformity of the Seller, notification of conformity defects and warranty interventions

9.1. The sale of the Products is subject to the legal guarantees of conformity provided for in Articles 128, 129 and 130 of the Consumer Code. The Consumer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in price or termination of the contract.

9.2 In case of conformity defects of the Products sold, under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-compliance in a timely manner, or no later than 14 (fourteen) days from the discovery – being of Products that by their nature are perishable or subject to expiry in a shorter term – by sending by e-mail to info@intimatebleachingcream.com the appropriate form correctly filled out [Return Form], with indication of the defect and / or the non-conformity found (for example, breakage of the jar during transport, unopened packaging, etc.), as well as the related documentation indicated in the return form itself (at least 1 (one) photo of the Product, the order confirmation transmitted by the Seller and / or the fiscal receipt).

9.3. Following receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer and decide whether to authorize the return of the Products by providing the Consumer with a reply containing the “Return Code”, via email to address provided by the latter during the registration process on the Site or when the order is transmitted. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the communication of the return authorization bearing the “Return Code”, within 14 (fourteen) days from reporting of the defect or non-compliance, to the following address: Zhairon Srl, Via Sardegna 50, 00136 Rome (RM).

9.4. If the Seller is required to reimburse the Consumer for the price paid and the relative shipping costs, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product.

 

10. Liability for damage caused by defective products

10.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Website, frees himself from any responsibility, without exception and / or excepted, indicating the name of the relative producer of the Product.

 

11. Intellectual property rights

11.1. The Consumer declares to be informed that all brands, names, as well as any distinctive sign, name, image, photograph, written text or graphic used on the Site or related to the Products are and remain the exclusive property of Zhairon Srl and / or of its assignees, without access to the Website and / or from the purchase of the Products may derive from the Consumer any right over the same.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Zhairon Srl.

 

12. Consumer data and privacy protection

12.1. In order to proceed with the registration, to the order and then to the conclusion of the contract of sale of the Products, some personal data to the Consumer are requested through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the EU Privacy Code, to execute each purchase made through the Site and, subject to their consent, for any further activities as indicated in the privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and true.

12.3. The Consumer may at any time verify, update, modify, delete his personal data provided to the Seller through the appropriate section of the Site “My Account” accessible upon authentication and may at any time exercise its rights under the Privacy Code following the indications provided in the privacy documentation on the Site.

12.4. For any further information on how the personal data of the Consumer is processed, please access the Privacy Policy section and carefully read the General Conditions of Use.

 

13. Security

13.1. Although the Seller takes measures to protect personal data against any loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller can not guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.

13.2. The Seller, with regard to the data related to payments by credit card uses the services of the company PayPal S.A. or Stripes that adopt technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

14. Issues

14.1. The Seller will not be liable in the event of total or partial non-fulfillment of his obligations under this contract if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, but not limited to, an exhaustive , catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike by public and / or private workers, strike and / or restrictions on the viability of couriers and air links.

 

15. Applicable law, attempt at conciliation and competent court

15.1. The purchase and sale contract of the Products through the Website will be governed and interpreted in accordance with Italian laws.

15.2. For disputes arising from this contract will be competent: a) the Court of the place of residence or domicile of the Consumer, if “consumer” in accordance with current legislation; b) in an exclusive way the Court of Rome, Italy, in any other case.

15.3. For all matters not expressly provided for herein, the provisions of the law in force in the Italian legal system and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree no. 206/2005 and s.m.i.