GENERAL TERMS AND CONDITIONS OF SALE (B2C)

Renato Calabria MD

Whereas

it is possible to purchase products through the website (hereinafter, the Website) by means of an e-commerce system;
these General Terms and Conditions of Sale (hereinafter the General Conditions;) govern all contractual relationships between the Seller and individuals qualifying as consumers pursuant to Article 3(1)(a) of Legislative Decree No. 206 of 6 September 2005 (hereinafter, the Consumer Code);
The Consumer shall mean any natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity;
the products marketed on the Website fall within the category of cosmetics as defined by Regulation (EC) No. 1223/2009 and do not have a medical or therapeutic nature, nor are they intended to replace medical treatments, unless expressly indicated otherwise;

all of the above premises form an integral and substantial part of these General Conditions.

1. Definitions

For the purposes of these General Conditions, the following terms shall have the meanings set forth below:

Buyer: the Consumer who purchases the Products through the Website;
Contract; the distance sales contract concluded between the Seller and the Buyer by electronic means;
Products: the goods offered for sale on the Website;
Price: the consideration paid by the Buyer for the purchase of the Products;
Order Acceptance: the communication by which the Seller confirms the order submitted by the Buyer.

2. Scope of Application

These General Conditions exclusively govern all distance sales contracts concluded through the Website. They are made available to the Buyer pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003.

The Seller reserves the right to amend and/or supplement these General Conditions at any time. Such amendments shall become effective only from the date of their publication on the Website and shall apply exclusively to orders submitted thereafter. The Buyer is advised to review these General Conditions regularly for any changes.

3. Purchase Procedure

The Buyer may purchase Products by following the electronic purchasing process available on the Website, with or without prior registration, as permitted.

The purchase procedure consists of the following steps: (i) selection of the desired Products, (ii) addition to the virtual shopping cart, (iii) verification of order details, and (iv) final confirmation through the appropriate submission function.

Submission of the order by the Buyer constitutes a contractual offer under applicable law and entails an unconditional obligation to pay the Price.

Following order submission, the Buyer shall receive an automatic acknowledgment email at the indicated address containing the order details. This communication serves only for informational purposes and does not constitute acceptance of the contractual offer.

The Contract shall be deemed concluded only upon the Buyers receipt of Order Acceptance from the Seller or upon the Seller’s commencement of product fulfilment and shipment.

4. Conclusion of the Contract

The Contract shall be deemed concluded upon the Buyer’s receipt of Order Acceptance from the Seller.

The Seller reserves the right, at its sole discretion, to:

accept or reject any order;
partially accept the order in the event of unavailability, whether temporary or permanent, of the requested Products.

Until receipt of Order Acceptance, the Buyer may revoke the submitted order by providing written notice to the Seller.

5. Acceptance of the General Conditions

By submitting the purchase order, the Buyer expressly acknowledges that they have read, fully understood, and unconditionally accepted these General Conditions in their entirety.

The Buyer further acknowledges that submission of the order entails a binding obligation to pay the Price in accordance with applicable law and the payment procedures specified on the Website.

6. Prices

All prices indicated on the Website are stated in Euro and include Value Added Tax (VAT), where applicable, as well as any other taxes or charges required by applicable law for sales within Italy or the European Union.

For sales to countries outside the European Union, prices are exclusive of all customs duties, import taxes, local taxes (including but not limited to sales tax or VAT equivalents), and any other charges imposed by the destination country. Such costs shall be borne entirely by the Buyer.

Such costs are beyond the Seller’s control and cannot be determined in advance. They shall be charged directly by the competent customs authorities or delivery operators.

7. Payment Methods and Processing

Payment of the Price must be made exclusively through the payment methods specified on the Website at the time of order submission.

Payments are processed through secure systems provided by authorized third-party payment service providers in full compliance with all applicable laws and regulations, including Directive (EU) 2015/2366 (Payment Services Directive, and Regulation (EU) 2016/679 (General Data Protection Regulation).

The Seller does not directly access, store, or process payment instrument data. All payment information is transmitted exclusively to and processed solely by the authorized third-party payment service provider through secure, encrypted protocols and transmission channels that ensure complete confidentiality, integrity, and non-repudiation of all transactions.

8. Shipping and Delivery

Deliveries are made to addresses within Italy and, where expressly specified on the Website, to foreign countries.

The Seller reserves the right to limit or exclude shipments to certain countries or territories due to regulatory, logistical, or commercial constraints.

For international shipments, delivery times may vary significantly and unpredictably due to customs clearance procedures, customs authority controls, import restrictions, or other factors entirely beyond the Seller’s control.

The Seller shall not be liable for delays, non-delivery, loss, or damage occurring after shipment, or for additional costs arising from customs procedures, border controls, or destination country regulations and requirements.

9. Product Inspection upon Delivery

Upon delivery, the Buyer must promptly verify the integrity of the packaging and that the Products conform to the submitted order.

Any anomalies, including but not limited to damage, evidence of tampering, or discrepancies between the order and the delivered goods, must be reported promptly to the Seller using the contact details provided on the Website.

The statutory guarantees of conformity provided under Articles 128 et seq. of Legislative Decree No. 206/2005 shall remain fully applicable and enforceable.

10. Legal Guarantee of Conformity

The Seller is liable for any lack of conformity of the Products existing at the time of delivery, as provided under Articles 128 et seq. of the Consumer Code, as amended by Legislative Decree No. 170/2021.

In the event of non-conformity, the Buyer is entitled, at no cost to the Buyer, to either repair or replacement of the non-conforming Product, unless the chosen remedy is impossible or would impose costs that are disproportionate in relation to the remedy.

Where applicable, the Buyer may alternatively request a reduction in price or termination of the Contract.

The legal guarantee period extends for two (2) years from the date of delivery. Any defects that manifest within one (1) year from delivery are presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the Product or defect.

11. Limitation of Liability

The Seller shall not be liable for any damages, losses, or claims arising from: (a) improper or misuse of the Products; (b) incorrect storage or handling; (c) failure to follow the product instructions, warnings, or precautions; or (d) causes attributable to the Buyer or third parties.

Given the cosmetic nature of the Products, the Seller makes no warranty regarding specific results, effectiveness, or suitability for individual expectations, sensitivities, skin conditions, or preferences.

Notwithstanding the foregoing, the Seller’s liability for wilful misconduct, gross negligence, or breach of mandatory statutory consumer protection provisions shall remain fully enforceable and unaffected.

12. Buyer’s Obligations and Representations

The Buyer must provide accurate, complete, and current personal and contact data and assumes full responsibility for the truthfulness and accuracy thereof.

The Buyer further acknowledges that providing false or misleading information, using third-party data without authorization, or creating multiple fraudulent registrations is prohibited and may result in account termination and legal action.

13. Right of Withdrawal

The Buyer may withdraw from the Contract within fourteen (14) calendar days from the date of delivery of the Products, without providing any reason or justification.

The right of withdrawal must be exercised by submitting an explicit written notice of withdrawal to the Seller (e.g., by email) using the contact information provided on the Website.

Products must be returned to the Seller in unused condition, completely intact, and in their original packaging within fourteen (14) calendar days of withdrawing from the Contract.

The right of withdrawal is excluded for Products that are sealed and subsequently opened by the Buyer for hygiene or health and safety reasons, as permitted under applicable consumer protection law.

14. Communications

All communications between the Buyer and the Seller concerning the Contract shall be made via electronic mail to the email addresses provided or designated by the respective parties.

Communications are deemed received upon transmission, unless the sender receives a delivery failure notification or bounce-back message. The burden of proof regarding receipt rests with the sender.

The Seller may also send communications via certified electronic mail or registered mail with return receipt when legally required or deemed appropriate.

15. Personal Data Processing and Privacy

All personal data provided by the Buyer is processed in strict compliance with the General Data Protection Regulation (EU) 2016/679 and all other applicable data protection laws.

Complete details regarding the processing, storage, protection, and use of personal data are available in the Privacy Policy published on the Website. The Buyer is advised to review the Privacy Policy before submitting personal information.

16. Intellectual Property Rights

All intellectual property rights, industrial property rights, and proprietary interests related to the Products, their packaging, the Website, and all content thereon remain the exclusive property of the Seller or their respective authorized rights holders.

Unauthorized use, reproduction, distribution, modification, or exploitation of any intellectual or industrial property is strictly prohibited.

No intellectual property rights or interests are transferred to the Buyer except for the limited right to use the Website in accordance with these General Conditions and the limited right to possess and use the purchased Products for personal, non-commercial purposes.

17. Partial Invalidity and Severability

Should any provision of these General Conditions be found invalid, unenforceable, or illegal by a court of competent jurisdiction, such invalidity shall not affect the validity, enforceability, or legality of the remaining provisions.

Any invalid or unenforceable provision shall be automatically replaced or reformed to the minimum extent necessary to render it valid and enforceable, reflecting the original intent and economic substance of the parties. The remaining provisions shall continue in full force and effect.

18. Governing Law and Jurisdiction

These General Conditions, the Contract, and all matters arising therefrom are governed by and construed in accordance with the substantive laws of the Italian Republic, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising from or related to these General Conditions or the Contract shall be subject to the exclusive jurisdiction of the courts of the Consumer’s place of residence or domicile, as provided by mandatory consumer protection laws.

19. Nature and Classification of Products

The Products are classified and regulated as cosmetic products under Regulation (EC) No. 1223/2009 and comply with all safety, labelling, and notification requirements mandated thereunder.

The Products are intended for external use only and do not constitute medical advice, medical products, or therapeutic products. They are not designed to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

The Buyer must independently verify the suitability of the Products for their individual use, taking into account personal allergies, skin sensitivities, existing medical conditions, and any known adverse reactions to specific ingredients.

The Seller is not liable for any adverse reactions, allergic responses, sensitization, irritation, or injury resulting from improper application, use, storage, or any unforeseeable individual reaction to the Products, nor for any failure of the Buyer to conduct prior testing or to follow product instructions.

For exports to countries outside the European Union, compliance with the legal requirements, regulations, and registration requirements of the destination country (including but not limited to FDA regulations in the United States) is not guaranteed and is entirely the responsibility of the Buyer.

20. International Sales and Cross-Border Transactions

For sales to addresses outside the European Union, the Buyer bears sole responsibility for verifying the legality of the importation and all required compliance with local laws, regulations, import restrictions, and any applicable trade bans or sanctions.

The Seller is not liable for customs restrictions, import bans, confiscation, or rejection of shipments by customs authorities, or for any customs duties, import taxes, or additional costs incurred.

All applicable customs duties, import taxes, VAT or sales tax equivalents, and other charges imposed by the destination country shall be borne entirely by the Buyer.

No refund of the Product price shall be due in the event of failed delivery, non-delivery, or confiscation due to destination country regulations, legal restrictions, or customs rejection, except where required by mandatory law.

These General Conditions are governed by Italian and European Union law and comply with mandatory EU consumer protection requirements. However, mandatory local consumer protection laws applicable in the Buyer’s jurisdiction may still apply and provide additional rights and protections beyond those set forth herein.