Terms and conditions of use
1) Seller information
Fibi Cosmetics di Eliana Lecca
Registered Office: Via Prunizzedda 46, 07100 Sassari (SS)
Vat Number: 02637060902
Tax Code: LCCLNE83T68I452E
REA Number: SS-192330
2.1 – These Terms and conditions of use relate to the purchase of products offered on the website www.fibicosmetics.com/en (hereinafter, the Website). All purchases of products carried out through the Website are governed by these Terms and conditions of use, by the Consumer Code (Legislative Decree No. 206/2005), Section II – Distance contracts (arts. 50-67) and the rules on e-commerce (Legislative Decree No. 70/2003).
2.2 – The owner of the Website is Fibi Cosmetics di Eliana Lecca (hereinafter, Fibi Cosmetics), which has its registered office at Via Prunizzedda 46, Sassari, and is registered in the Sassari Register of Business, Tax Code LCCLNE83T68I452E, VAT Number 02637060902, REA Number SS-192330.
3) Conclusion of the Purchase Agreement and acceptance of the general sales conditions
The Purchase Agreement is to be understood as concluded when the Customer places a Purchase Order on the Website and Fibi Cosmetics accept it.
By placing a order, the Customer declares to have read and fully accept these terms and conditions of use.
Fibi Cosmetics may amend the content of the Terms and conditions of use at any time and without prior notice. For each Order will apply the Terms and conditions of use published at the time the Purchase Order by the Customer.
4.1 – All the products on sale are illustrated in detail on the Website. Each product is described in a specific information page that describes its features and availability in stock (hereinafter “Product description”). The images accompanying the product descriptions are solely for illustrative purposes. The images of the product advertised may be not fully representative of their features, but differ in color, size and accessories shown in the figure. In case of a difference between the image and the written product specifications, the latter will always prevail.
4.2 – Fibi Cosmetics continuously monitors and updates the availability of Products, however, there may be small delays in communication between the stock actually in the warehouse and what is indicated on the Website. As a result, in rare cases the availability of the item cannot be 100% guaranteed.
In the event that one or more items ordered are not immediately available to be shipped, Fibi Cosmetics, depending on the what the order contains and how long restocking is expected to take, will:
• immediately dispatch the items that are available and send any missing items as soon as they are available again, without charging any extra shipping costs.
• contact the Customer, who will choose whether to receive all the items togheter, delaying the dispatch of the order, or to cancel the products that are not immediately available from the order.
5) Product Pricing
5.1 – All product prices are clearly indicated on the Website and in Euro. Product prices do not include shipping costs.
5.2 – Fibi Cosmetics reserves the right to change the price of the products at any time, without notice and without the need of motivation and specification. The Customer is therefore required to check the Total before submitting an Order Form. The amount to be charged will be indicated in the order form and will not consider any changes (increase or decrease) of the prices of products and/or delivery charges which are subsequent to the submission of the Order Form itself.
6) Purchasing Procedure
6.1 – The Customer can only buy products that are listed in Fibi Cosmetics’ electronic catalogue at the time the order is placed and that can be seen online at the internet address www.fibicosmetics.com/en.
In order to purchase the products, the Customer must fill out and send to Fibi Cosmetics the electronic order form available on the Website, following the instructions provided on said form.
6.2 – Fibi Cosmetics confirms that the order has been correctly received by sending an e-mail to the e-mail address given by the Customer. This confirmation message will contain the date and time the order was placed and a Customer Order Number, which should be used in any further communication with the staff of Fibi Cosmetics. The message will reiterate, in addition to the information required by law, all the data entered by the Customer, who agrees to verify its accuracy and immediately five notice of any corrections. A second e-mail will be sent to the Customer upon shipment of his order.
6.3 – Fibi Cosmetics shall be free to accept or refuse any order sent by a Customer at its own discretion, without the Customer being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order by Fibi Cosmetics.
In particular, Fibi Cosmetics reserves itself the right to no accept orders and cancel orders that do not give adequate assurance of solvency or if anomalies are found in the transactions and in the payment methods used by the Customer. In the event that the order is not accepted, Fibi Cosmetics guarantee that the Customer will be informed of this promptly.
7) Payment methods
During the payment process, all data is transferred in encrypted form using SSL Certificate and are therefore not be intercepted by third parties.
The payment methods accepted are:
7.1 – Credit cards: Visa, Visa Electron, MasterCard, Maestro and Postepay.
7.2 – Paypal: In case of purchase through Paypal, the Customer will be directed to the Paypal website to proceed to the payment.
7.3 – Cash on delivery: payment is made in cash to the courier who delivers the goods. The service is active only on certain shipping modes.
8) Shipping Methods and Charges
8.1 – Fibi Cosmetics can only accept orders to be delivered in Italy and countries that are part of the European Union. Fibi Cosmetics does not deliver to Livigno or Campione d’Italia.
Fibi Cosmetics agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the order is placed are approximate.
Fibi Cosmetics will not be liable in any way towards the Customer for any delays in fulfilling the order or in delivering the Products listed in the Purchase Agreement due to circumstances beyond the reasonable control of Fibi Cosmetics.
8.2 – The ordered Products will be sent to the mailing address specified by the Customer. Once Fibi Cosmetics has turned over the products to the courier, the Customer will receive an e-mail confirming the shipment.
8.3 – Deliveries are made from Monday to Friday, during normal business hours, except on national holidays. Delivery is made without an appointment.
In case of absence, the Customer or recipient of the Order, will receive a notice of attempted delivery, with which will contact the courier to arrange a new delivery. If no contact can be made, the courier will perform a new delivery attempt, usually the business day following the first pass. In the event that, after two delivery attempts, it has not been possible to deliver the package, the Customer or the recipient of the Order will receive a notice that states the address where the package will be left in storage for ten working days.
After this period, if the Custom or the recipient of the Order had failed to pickup the package, the order will be canceled and the package will be returned to Fibi Cosmetics that will refund the amount of the order, net of the costs for delivery and stock.
8.4 – The delivery costs are charged to the Customer and are clearly indicated in the Order.
8.5 – When the package is delivered by the courier, it is the responsibility of the Customer to check that the packaging is intact, not damaged or altered. The Customer must claim the courier who makes the delivery about any damage immediately. Once the the courier’s document has been signed, the Customer may no longer raise any objections to the outer packaging of the items delivered. Any problems relating to the physical integrity, correspondence, or completeness of the product must be strickly communicated within 14 days of delivery.
9) Right to withdraw
9.1 – If the customer is a consumer (that is, a natural person who buys the goods for purposes not related to his professional activity or who does not make the purchases indicating a Vat Number on the Fibi Cosmetics order form), then he or she has the right, within 14 (fourteen) days of receipt of the goods, to withdraw from the purchase contract for any reason, without needing to provide an explanation and without incurring any penalty.
9.2 – To exercise the right of withdrawal, within 14 (fourteen) days of receipt of the goods, the Customer must inform Fibi Cosmetics of their decision to terminate the Purchase Agreement by a clear statement. This notification must be sent by registered letter with advice of delivery, addressed to:
Fibi Cosmetics di Eliana Lecca
Via Prunizzedda 46
07100 – Sassari (SS) Italia
9.3 – The right to withdraw is subject to the following conditions:
• The right applies to the purchased product in it entirety;
• It is not possibile to exercise the right to withdraw only on apart of the product purchased;
• The item purchased must be intact and returned in its original packaging, including all its parts;
• The shipping costs for returning the item are incurred by the customer;
• In the event that the goods are damaged during transit, Fibi Cosmetics will inform the customer of the incident (within five days of receiving the goods in its warehouses) so that the customer can lodge a complaint against the courier chosen by the customer in time and obtain a refund of the value of the goods (if insured). In this case, the product will be made available to the customer for the repayment, and the request to withdraw will be cancelled at the same time;
• Fibi Cosmetics is not in any way responsible for damage or theft/loss of goods returned via non-insured shipping. When it arrives at the warehouse, the product will be examined to asses any damage or tampering not caused during transit. In the event the returned product is damaged, Fibi Cosmetics will retain a percentage of the refund as a contribution towards restoration costs.
9.4 – With the exception of any restoration costs for verified damage to the original packaging, Fibi Cosmetics will refund the customer the total amount already paid for the goods (excluding shipping costs) via Bank Transfer or Paypal, within 14 days of receiving the returned goods. It will be the responsibility of the customer to promptly provide the details of the bank account to which the refund should be paid (name, surname, account holder, IBAN code).
9.5 – The right to withdraw is completely forfeited due to failure to fulfill the essential condition of integrity of the goods (packaging and/or contents) in the event that Fibi Cosmetics ascertains that:
• Integral parts of the product are missing;
• The product has been damaged other than in transit.
In the event that the right to withdraw is forfeited, Fibi Cosmetics will return the purchased goods to the Customer and charge the Customer for the shipping costs.
10) Missing Products, damaged or defective
10.1 – The customer or recipient of the order will have to indicate the lack, defect, non-conformity or damage of the products ordered, to the Customer Service Fibi Cosmetics (hereinafter Customer Service). Customer Service may request information on the identity of the customer or recipient of the order and carry out any checks that may be useful. Customer service will tell the customer or recipient of the order, the procedure to return the defective item, or to obtain the missing products.
10.2 – After receiving the products, Fibi Cosmetics will verify that the products are indeed faulty, damaged or non corresponding the description provided by the Website. Where this is positive verification, in accordance with the requirements of art. 130 et seq. of the Consumer Code, Fibi Cosmetics replace the defective product, damaged or not-corresponding and will send it to the Customer within 30 (thirty) business days from receipt of the products. The shipping costs will be borne entirely by Fibi Cosmetics. In the event that Fibi Cosmetics is unable to proceed with the replacement of products within that time frame, it will be communicated to the Customer via e-mail address provided at the moment of registration and will be repaid to the Customer the cost of those products and of postage, if the Customer provides evidence of the cost incurred to return products. Reimbursement will be made by Fibi Cosmetics with choices mode at its discretion within 30 (thirty) days from the date of receiving the products.
10.3 – In the event that, after examining the products returned, Fibi Cosmetics reasonably believes that the products can not be considered defective, damaged or not corresponding on the website, the Customer is not entitled to a refund and the products will be returned to.
11) Processing of Personal Data
12.1 – All contents of www.fibicosmetics.com/en, including text, documents, trademarks, logos, images, graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Website will remain the exclusive property of Fibi Cosmetics and/or the respective owners of intellectual property in them.
12.2 – The reproduction, even partial, of the contents, texts, documents, trademarks, logos, images or any other content on the Website, for any reason and by any means, without the express written permission of Fibi Cosmetics and/or the respective owners of intellectual property rights in them is strictly prohibited. Any violation will be persecuted according to law.
Fibi Cosmetics reserves the right to modify and update the Terms and Conditions of Use without notice. The purchase of products on the Website will be subject to Terms and Conditions of Use at the time of the order. The changes will not apply to orders already submitted and accepted by Fibi Cosmetics.
14) Applicable law and Place of jurisdiction
These Terms and Conditions of use and all sales products on the website are governed by Italian law. Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these Terms and Conditions of use and of any contract concluded between the customer and Fibi Cosmetics, will be submitted to the exclusive jurisdiction of the Court of Sassari.
15) Further remarks
15.1 – Fibi Cosmetics declines any responsibility for damages resulting from improper use of the products.
15.2 – The Customer must check that he’s not allergic to any of the ingredients of the products before applying them. Fibi Cosmetics cannot be held responsible for any reacts to ingredient of the products sold. None of Fibi Cosmetics products should be used as a substitute for medical or clinical treatments or therapies. The information published on the Website should not be understood as treatments or therapies for derma logical problems and should not in any way considered as such. The advice given on the Website or provided by Customer service is for informal purposes and is not intended to replace the opinion of a doctor. Please, consult the doctor for any question.