Seller Identification

The goods subject to these general terms and conditions are offered for sale by BEAUTY CALL S.R.L. Srl, with registered office in Turin, Italy, at Via Corso Galileo Ferraris 71/c Turin, Tax Code and VAT No. 12445310019, email info@lelumieskincare.com hereinafter referred to as the “Seller”.

1. Definitions

1.1 The expression “online sales contract” or “contract” means the contract of sale of tangible movable goods of the Seller, concluded between the Seller and the Buyer within the framework of a distance selling system by means of telematic tools, organised by the Seller.

1.2 The term “Purchaser” shall mean the natural person who makes the purchase, as referred to in this contract, for purposes not related to his or her commercial or professional activity, if any.

1.3 The term “Seller” means the party as identified above or the party selling the goods through the website indicated in the following article.

2. Contract object

2.1 Hereby, the Vendor sells and the Purchaser purchases at a distance, by means of telematic means, the movable tangible goods presented and offered for sale on www.lelumieskincare.com and other related sub-domains.

2.2 The products referred to in the previous point are shown, with specific and detailed indications of their characteristics, in the dedicated section within the web portal accessible at: www.lelumieskincare.com

3. Conclusion of the contract and acceptance of the general conditions

3.1 The contract between the Seller and the Purchaser is concluded exclusively through the Internet in remote telematic mode, by means of the Purchaser’s access to the web address www,lelumieskincare.com, following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article. The Purchaser is aware that in order to access the website www.lelumieskincare.com it is necessary to have an Internet connection, the costs of which are borne by the Purchaser according to the terms established by its connectivity vendor.

3.2 These general terms and conditions are valid from the day of conclusion of this contract and may be updated, supplemented or amended at any time by the Seller, who shall give notice thereof via the pages of the Website www.lelumieskincare.com and such updates/amendments and/or supplements shall be effective for future purchases.

3.3 These general terms and conditions of sale must be examined “on line” by the Buyer, prior to the completion of the purchase procedure. The submission of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.

3.4 Acceptance of the terms and conditions of sale must be manifested by the punctual completion of the registration form by the Purchaser – whose personal data will be processed according to the methods indicated in the Information note on the processing of personal data following acceptance of the “Terms and conditions of sale” – and the sending of the purchase form filled in by the system after the selected products have been placed in the electronic shopping cart. Before the final submission of the order, the Purchaser will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the ordering party and the order, the price of the goods selected, the payment method and terms, the address where the goods will be delivered, and the acceptance of the order are indicated. Once the delivery address has been confirmed in the form provided, it will not be possible to change it.

3.5 By confirming the Order by clicking on “Conclude Order”, the Purchaser declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these General Sales Conditions, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser, as well as the terms of payment, declaring that he has read and accepts all the indications provided by him pursuant to the aforementioned rules, also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.

3.6 When the Seller receives the order from the Buyer, he shall send an e-mail confirming receipt of the order or display a web page confirming and summarising the order itself, which also contains the data referred to in point 3.4. The confirmation e-mail therefore contains: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.

4. Purchase modalities and sales prices

4.1 The products, prices and conditions of sale present on the Site – within the limits of their availability – do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail by the Seller upon payment, which constitutes acceptance of the purchase order.

4.2 The prices of the products offered for sale on the www.lelumieskincare.com website are indicated in euros and are the prices in force at the time the Order is sent by the Purchaser. The Seller may change the sale prices of the products at any time and without prior notice. Such change shall in any event be notified to the Buyer before any Order is sent.

4.3 Product prices are inclusive of VAT, and INCLUDE SHIPPING CHARGES

4.4 Receipt of the order does not bind the Seller until the Seller has sent an e-mail confirming payment with an indication of the order number as set forth in Section 3.6.

4.5 The Buyer expressly grants the Seller the right to accept even only part of the order placed (e.g. in the event that not all the products ordered are available). In this case, the contract shall be deemed to have been concluded in respect of the goods actually sold.

5. Conclusion of contract

5.1 The Contract concluded via the Site is deemed concluded when the Purchaser receives, via e-mail, formal confirmation of the order, with a communication (“Order Confirmation E-mail”).The Contract is concluded at the place where the Seller’s registered office is located.

5.2 The order can no longer be cancelled when, regardless of the method of payment, you have proceeded to click on the “conclude order” button in step 3 of the Order. After this step, you can only proceed with the return once the package has been received in the manner indicated in step 14.

6. Delivery times and methods for purchases made within www.lelumieskincare.com

6.1 The Seller shall deliver the products selected and ordered in the manner chosen by the Buyer.

6.2 Delivery times may vary from the day after the order is placed to a maximum of 30 (thirty) days from the confirmation of the order, as provided for by the regulations in force. In the event that the Seller is unable, for any reason whatsoever, to ship the goods within said term, it shall promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure.

6.3 At the time of delivery, the Purchaser is required to check that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered, including the closing tapes if present. If the goods received do not correspond to the order placed or the products ordered are absent, the Purchaser must report this discrepancy within 5 (five) days of receipt of the package by contacting the Vendor directly at info@lelumieskincare.com. The Vendor may request appropriate descriptions and evidence to prove the discrepancy (e.g. photographs) and reply positively to the Purchaser if it finds that the discrepancy is real and not attributable to the Purchaser. A partial return may also take place that concerns only the products sent in error, provided that they are intact and with their seals. If the Buyer requests a return for the product sent in error and the correct one is sent and the latter is not currently available, the Seller shall proceed with the refund and the shipping costs shall be borne by the Seller.

6.4 In the event that the delivered goods show any damage allegedly caused by transportation, the Buyer may refuse the delivery and immediately notify the Seller, who will make the necessary objections to the forwarding agent and arrange for a new shipment upon receipt of the disputed goods.

6.5 In the event that the Purchaser decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights, he shall notify the courier of the unsuitability of the packaging, writing “RESERVE TO CHECK GOODS BECAUSE OF …” (indicating the reason for the reservation in question) on the delivery document, a copy of which shall be retained, and then proceed to immediately notify the Seller. (indicating the reason for the reservation in question) on the delivery document, a copy of which must be retained, and then proceed to make an immediate report to the Seller.

7. Prices and Payment

7.1 All product sales prices are indicated at the address on the website and are in Euro.

7.2 The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs shall be borne by the Seller, except for subsequent changes that will be promptly communicated by the Seller on the website.

7.4 The Buyer warrants to the Seller that he has the necessary authorisations to use the payment method chosen for his Order at the time of placing the Order. Payment methods provided: Credit Card / PayPal Account; Bank Transfer;.

7.5 All Orders are payable in Euro, including taxes and compulsory contributions. Any bank charges shall be borne exclusively by the Buyer (even in the event of a refund).
The bank transfer shall be made within 10 (ten) days from the Order, – after which the order shall be automatically cancelled and the Buyer shall be notified by automatic e-mail.

7.6 Ownership of the products ordered shall remain with the Seller until the full consideration for the Order has been paid in full by the Buyer.
All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutes, for the protection of the customer. If, for any reason whatsoever, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The customer shall be informed by automatic e-mail.

7.7 Communications relating to the payment and the data communicated by the Customer at the time it is made take place on specially protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.

11. Guarantees and service modes

11.1 The Vendor shall be liable for any lack of conformity that becomes apparent within a period of 2 (two) years from delivery of the goods.

11.2 In any event, unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within one year after delivery of the goods already existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

11.3 In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or faults caused by improper use or external agents that are not attributable to manufacturing flaws and/or defects are not covered by the guarantee.

11.4 The claim shall be made in writing, through the customer service form to the Seller info@lelumieskincare.com. In the claim it is appropriate to describe the defect, also by means of photographs and videos, as well as to indicate the date of discovery of the defect itself. The Vendor shall notify the Purchaser – if it is willing to comply with the request, or the reasons preventing it from doing so – within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Purchaser’s request, he shall indicate the method of dispatch or return of the goods as well as the deadline for returning or replacing the defective goods.

12. Seller’s Obligations for Defective Products, Proof of Damage and Compensable Damages

12.1 The Seller shall not be liable for the consequences resulting from a defective product if the defect is due to the product’s conformity with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet permit the product to be considered defective.

12.2 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from bad and/or incorrect use of the purchased goods, external causes (e.g. knocks, falls, etc.), carelessness and improper use shall not be attributable to the Seller’s liability.

12.3 In any event, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage, also by means of descriptions, photographs, and means available to the injured party.

13. Buyer’s Obligations

13.1 The Purchaser undertakes to pay the price of the purchased goods at the time and in the manner specified in this contract.

13.2 The Purchaser undertakes, upon completion of the online purchase procedure, to print and retain this contract received by e-mail as an attachment to the purchase order confirmation.

13.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser – who acknowledges this – prior to the confirmation of purchase, through telematic procedures.

14. Right of Withdrawal

14.1 According to the provisions of the Consumer Code, the Purchaser may, within the term of 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any of the guarantee seals or simply opening and/or deteriorating the outer packaging itself.

14.2 The provisions concerning the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Consumer Code are not affected. In particular, the right of withdrawal is excluded for goods sold ‘made to measure’ and where the sales service concerns the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery (Art. 59 lit. e) Consumer Code

14.3 Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, the costs of return shall be borne exclusively by the Purchaser.

14.4 Please also note that packages sent at the recipient’s expense will not be accepted.

14.5 The Seller shall refund the Customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods or until the Purchaser has proved that he/she has returned the goods.

14.7 The Buyer and/or recipient of the Order shall necessarily fill in the RESI return form (downloadable from the site) duly completed and signed as indicated.

14.8 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in a condition such that they can be put back on the market (the grounds for exclusion set out in point 14.2 are recalled). If the returned products do not have the above-mentioned characteristics, the return will not be accepted and the package will be sent back to the Buyer.

14.9 The return of products after the legal deadline for withdrawal and contractual cancellation will not be accepted.

14.10 A consumer who exercises the right of withdrawal in accordance with the provisions shall be refunded the sums already paid no later than 30 days from the date on which the seller (or the service provider) became aware of the exercise of the right of withdrawal by the consumer.

15. Termination of contract

15.1 If one Party is in breach of any of its obligations under this agreement with respect to the other Party, the other Party may request termination of the agreement pursuant to Art. 1453 et seq. of the Civil Code, without prejudice to its right to damages in any event.

15.1 Pursuant to Art. 1456 of the Italian Civil Code, the party intending to avail itself of the termination shall notify the other party thereof by sending a registered letter with return receipt to the registered office of the above-mentioned company or PEC (Certified Electronic Mail) to the address info@lelumieskincare.com, stating the reason therefor; the termination shall be effective as of the date of receipt of the notice of termination resulting from the receipt given to the terminating party and the Purchaser shall only be entitled to the refund of any sum already paid.

16. Failure to collect the parcel – termination of contract

16.1 Considering that the collection of the product is a specific obligation of the Customer, at the time the Order is entrusted to the selected courier, the Seller shall send a specific e-mail informing the Buyer of the imminent delivery, also by means of the shipping link. The status of the order placed and the tracking link are also always available by accessing one’s personal area.

16.2 The courier will make a first attempt at delivery on the date indicated by the tracking, in the event of non-delivery it will make a second attempt, unless corrections and changes of address are necessary, for which the Buyer himself must take action.

16.3 After the second unsuccessful attempt at delivery, the package will be in storage at the courier’s premises within the time limit indicated on the tracking page. Depending on the Courier, the stock can be released either by contacting it directly or by contacting the Seller’s Customer Service.

16.4 Once the storage period has expired, the Order is returned to the Seller and the Seller shall inform the Purchaser that he can request shipment again at his own expense within and no later than 5 days from receipt of the communication. This hypothesis does not apply in the case of a purchase with cash on delivery payment; in this case the Order, once returned to the Seller, is immediately dismantled.

16.5 If, even in this case, the Order is not claimed, the Seller shall communicate that the contract is rescinded by right and shall proceed to refund the amount paid by the Buyer and to dismantle the package within and no later than 30 days from the communication sent; together with the refund, the credited fagiana points shall also be eliminated and the discount codes used shall not be reinstated.

16.6 If the Seller is not in a position to refund the price paid due to the incompatibility of the payment method used at the time of purchase with an automatic credit, he shall ask the Buyer to indicate the bank details on which he wishes to receive the refund. After ten days without receiving a reply, the Seller shall issue a purchase voucher equal to the value of the price to be refunded and send it to the Buyer’s contact addresses. Upon issuance of the voucher, the Buyer shall have no further claims against the Seller.

17. Protection of confidentiality and processing of Buyer’s data

17.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation set out in Regulation (EU) 2016/679 and the applicable data protection legislation.

17.2 The personal and tax data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods provided for by the site’s Privacy Policy and specific information notices.

18. Applicable law and jurisdiction

19.1 This online sales contract is governed by Italian law. Any dispute relating to the interpretation and execution of this contract shall be settled by the Court of the place where the Purchaser, as a consumer, has his/her residence.

19.2 Should any of the provisions contained in this online sales agreement be deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.