Terms and conditions of the service
BEFORE PLACING AN ORDER ON THIS SITE, PLEASE READ THE FOLLOWING TERMS OF SALE
1. What is this document? Because it is important?
These terms and conditions of sale ("Terms of Sale") govern the purchase of the products that we promote and sell on this Site ("Products") and the sending of these Products to the countries to which we carry out the delivery service. "Site" means the website HTTP://WWW.FITOMEDITERRANEA.COM/. When you make a purchase on this Site, you will be asked to accept these Terms of Sale; their acceptance implies the stipulation of a contract governed by them. Therefore it is important that you read the Terms of Sale carefully before placing an order for Products on the Site ("Order").
If you need further information, contact our Customer Service at the addresses indicated on the CONTACTS page.
2. Who are we?
In these Conditions of Sale "GA.MA Beauty Srl" and "we" indicate the seller of the Products, i.e. the company GA.MA Beauty Srl responsible for the sale to consumers. You can contact us at the addresses specified on the CONTACT US page, which is managed by our Customer Service. The Customer Service is managed directly by our company GA.MA Beauty Srl, with registered office in Via Cocco Ortu, 75 – 09128 Cagliari CA – VAT and CF 03697500928.
3. Are the Product descriptions and prices shown accurate?
We do our best to ensure that information about the Products is accurate and up to date. However, we cannot guarantee that there will be no errors in the description and/or pricing of the Products, or that the Products will always be available should you wish to place an Order to purchase them.
We reserve the right to change information about Products displayed on our Site, including prices, descriptions and availability. However, these changes will not affect Orders for which we have already sent you an Order Receipt email (see below).
4. How can I make a purchase on this Site?
All the steps necessary to make a purchase (that is, in legal terms, to finalize a purchase contract) on our Site are described below.
1st step: place the Order
To complete a purchase, you must first place an Order for the Products. The Order must then be accepted by us.
To place an Order you must be 18 years of age. To place an Order, you must select the Products on the Site, add them to the cart and click on the "COMPLETE ORDER" button. Once you have provided the billing, shipping and payment information, click on the "PLACE ORDER" button. We will not accept Orders placed in ways other than those specified above.
2nd step: we confirm receipt of the Order
When you place an Order through the Site, you will receive an automatic e-mail confirming receipt of the Order (e-mail with the "order receipt"). The Order Receipt email contains all the details of your Order, such as Order number, Product information, prices, shipping address, delivery costs, etc.). Remember that the Order Receipt email does NOT constitute an acceptance of the Order.
3rd step: we confirm that the Products have been sent – finalized contract.
Once your Order has been accepted, we will send you an email to confirm that all, or part, of the Products have been dispatched (“Shipping Confirmation email”).
Receipt of the Shipping Confirmation email means that your Order has been accepted and that the purchase contract has been finalized with reference to the Products actually shipped. The contract is made up of your Order, your Order Receipt and Shipping Confirmation e-mails and the Conditions of Sale in force at the specific time. No other terms and conditions will apply.
Cases of non-acceptance of Orders
Although we do our best to always accept Orders, it may happen that an Order is rejected, for example if:
- incomplete, inaccurate or fraudulent information is submitted regarding your identity, age, payment information, billing information, shipping address;
- we detect that there is an error on our Site relating to the Products you have ordered, for example in the price or description displayed;
- the Products you have ordered are out of stock or no longer available;
- we have reason to believe that your intent is to resell the Products.
If we are unable to accept your Order, we will contact you by email as soon as possible, and in any case within 30 days of the date of the Order. In the event that we cannot accept your Order due to unavailability of the Products or due to an error in the price and/or other information contained on our Site, we will refund any amount already charged for the Products.
5. How can I pay for the Products?
For purchases on the Site, we accept various payment methods. You will find the details in our PAYMENT CONDITIONS.
6. When will the Products be delivered? Can I track my shipment?
You can track the shipment of your Products by clicking on the “Track my Order” link in the Shipping Confirmation email. We remind you that through the link you will directly access the courier's website over which we have no control.
7. I wish to return a Product that I purchased on the Site. What should I do?
We hope that the purchase made by GA.MA Beauty Srl fully satisfies you, however we understand that you may wish to return all or part of the Products (right of withdrawal).
The right of withdrawal is reserved for the private consumer and customers who purchase with a VAT number cannot use it. If the purchase was made by a private customer (therefore without issuing an invoice) it is possible to withdraw from the purchase contract for any reason within 15 days from the delivery date.
8. Who can I contact if there is a problem with a purchase or a Product, or to file a complaint? Does GA.MA Beauty Srl offer after-sales assistance to customers?
If you have encountered problems or wish to submit a complaint with reference to a Product or a purchase made on the Site, or simply need after-sales assistance, you can contact us at the addresses indicated on the CONTACTS page, managed by our Customer Service.
9. What are the responsibilities of GA.MA Beauty Srl in case of problems related to a purchase or a Product?
Our liability for any damages attributable to slight negligence, regardless of the legal basis, will be limited to the following:
- we will be liable up to the foreseeable damage typical of this type of contract for breach of material contractual obligations;
- we will not be liable for minor breaches of other applicable due diligence obligations.
The above limitations of liability do not apply to statutory liability and liability for culpable personal injury. Furthermore, the aforementioned limitations of liability do not apply in the event and to the extent that GA.MA Beauty Srl has provided a specific guarantee. The provisions set forth apply equally to our liability for undercharges.
In any case, you are required to adopt suitable measures to avoid and reduce the damage.
We also remind you that we cannot be held responsible for any delay or failure to perform any of our obligations under the Terms of Sale where such delay or failure to perform is due to circumstances beyond our reasonable control including, without limitation, natural disasters, war or civil commotion, strikes, government intervention, failure by suppliers, reporting of inaccurate information or non-payment by you. We will notify you of such unforeseen events as soon as possible and will do our best to reduce their impact on our performance as far as reasonably practicable. Where the interruption lasts for more than 2 weeks, you can cancel the Order and get a refund.
Nothing in these Terms of Sale will affect your consumer rights, such as the right of withdrawal; moreover, nothing in these Terms of Sale will exclude or limit any liability of GA.MA Beauty Srl which cannot be excluded or limited under applicable law.
10. Are my personal data collected and processed on this site? Why? As?
11. What is the applicable law? And the competent Court in case of disputes? Does GA.MA Beauty Srl adhere to a code of conduct?
These Conditions of Sale are governed in every respect by Italian law. Any dispute relating to the application, execution, interpretation and breach of the contract will be the responsibility of the Court of Cagliari.
CONDITIONS OF SALE - DELIVERY
For the shipment of the Products purchased on our Site, we offer the following delivery option:
Paid service with delivery within 3-5 working days.
Delivery only in the Italian territory.
Deliveries scheduled from Monday to Friday during working hours.
You can track the shipment of your Products by clicking on the “TRACK MY ORDER” link in your Shipping Confirmation email. We remind you that through the link you will directly access the courier's website over which we have no control.
Our aim is to deliver within the deadlines specified above; however delivery dates are not guaranteed as shipments are handled by third parties and are subject to specific courier closing days.
Last guaranteed delivery date before Christmas: to be sure that delivery takes place by Christmas, place your order by 18 December.
It will not be possible to change the delivery address of the orders after confirmation.
If there is no one at the address indicated who can accept delivery of the Products, the courier will leave a notice in your letterbox.
Title and risk of loss in the Products will pass to you when you take possession of them.
All Products are shipped from our warehouses in Cagliari. We do not deliver to other countries
When we have dispatched the Products from our warehouses we will send you a Dispatch Confirmation email.
CONDITIONS OF SALE - PAYMENT
For purchases made on our site we accept the following payment methods:
The Products will be supplied to you after we have actually received your payment. If we do not receive payment (in cleared funds) within 30 days of the date of your Order, your Order will be cancelled. Orders paid for with other prepayment methods will be canceled if we do not receive payment (in cleared funds) within 10 days.
Payment via PayPal
If you decide to pay via PayPal, you will be asked to log into your PayPal account with your e-mail address and password to confirm the payment.
CONDITIONS OF SALE - RETURNS
Right of withdrawal
To exercise the right of withdrawal, keep in mind these simple rules:
- The deadline for returning the goods is a maximum of fourteen working days starting from the date of receipt. For the purposes of expiry of the term, the goods are considered returned when they are delivered to the accepting post office or to the shipper.
- The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. Since these are cosmetic products, they must be intact in their original packaging. Returns of products without their box or opened or used will not be accepted.
- The only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender. GA.MA. Beauty Srl will not accept returns of products with carriage forward shipments.
- Within fourteen days from the date on which the right of withdrawal was exercised by the consumer, the sums paid will be refunded to the consumer. To return products for the right of withdrawal, the customer must first inform GA.MA. Beauty Srl in writing, using the "CONTACTS" page, reporting the data relating to the purchase made: name and address of the customer, products purchased, order identification number, price paid and date of purchase. Subsequently, the customer will receive from GA.MA. Beauty Srl a confirmation email for the return.
If you have received a wrong (different from the one displayed in the Fitomediterranea Shop) or damaged item, you can return it within fourteen days from the shipping date. You will need to contact our customer service on the "CONTACTS" page of the site.
Please contact our Customer Service through the CONTACT page for assistance in returning your item(s).