Terms and Conditions

The following General Terms and Conditions of Sale (hereinafter “CGV”) define the terms and conditions under which – O.I.S. Luxury Group s.r.l, – in the person of its legal representative pro tempore, with its registered office in Milan, via Giuseppe Broggi n. 22, (MI) 20129, with share capital i.v. equal to Euro 10.000,00, registered in the Companies’ Register of Milan under no. MI-2608786, Tax Code and VAT no. 11515560966, (hereinafter also – “Seller” or “OIS”) sells to the Buyer one or more cosmetic and beauty products manufactured by third parties (hereinafter “Cosmetic” or “Cosmetics”).
The Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.
Art. 1 – Definitions
1.1. – The term “online sales contract” refers to the contract of sale relating to the Alienator’s consumer goods, stipulated between the Alienator and the Purchaser within the framework of a distance sales system organised by the Supplier.
1.2. – The term “Purchaser” refers to the natural person consumer who makes the purchase, referred to in this contract, for purposes that are not related to any commercial or professional activity carried out.
1.3. – “Seller” or “OIS” means the person indicated in the epigraph or the person who sells the Cosmetics.
1.4 – Cosmetic or Cosmetics – – the good(s) being sold, which by way of example, but not limited to, may be: creams, oils, make-up, make-up removal agents, etc;
1.5 – Certificate of Authenticity – – the document certifying the origin of the products purchased by the Purchaser, issued by the manufacturer, and delivered by the Seller to the Purchaser once delivered to the domicile indicated by the Customer;
1.6 – Consumer Code – – the Legislative Decree no. 206/2005 on consumer protection;
1.7 – General Conditions of Sale – – these contractual conditions made available to the Purchaser by the OIS, both on the website http://www.oltreilsole.com, which have as their object the sale of Cosmetics from the Alienante to the Purchaser;
1.8 – Purchase Invoice – – the document certifying the purchase, delivered to the Purchaser at the time of payment of the price, constituting a discharge and issued in paper form within the shipment;
1.9 – Defect in Conformity – – when the purchased goods are not suitable for the use for which they were purchased or do not conform to the description made by the seller
1.10 – Producer or Producers – – are the subjects, natural or legal persons, who produce the Cosmetics
Art. 2 – Object of the Contract
2.1. – With this contract, respectively, the Vendor sells and the Purchaser purchases at a distance through telematic means the Cosmetics indicated and offered for sale on the website www.oltreilsole.com.
2.2. – The products referred to in the previous point are described on the web page: www.oltreilsole.com.
Art. 3 – How the contract is stipulated
3.1. – The contract between the Seller and the Purchaser is concluded exclusively through the Internet by means of the Purchaser’s access to the address www.oltreilsole.com, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods.
Art. 4 – Conclusion and effectiveness of the contract
4.1. – The purchase contract is concluded through the acceptance of the request form and the consent to the purchase manifested through the adhesion sent online or with the completion of the form/form TERMS AND CONDITIONS inserted before the completion of the purchase at the address – www.oltreilsole.com, always after displaying a printable web page summarising the order, which contains the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the delivery time and the existence of the right of withdrawal.
4.2. – When the Seller receives the order from the Purchaser, it shall send a confirmation e-mail or display a web page confirming and summarising the order, which can be printed, and which also contains the data referred to in the previous point.
Art. 5 – Method of payment and reimbursement
5.1. – Any payment by the Purchaser may only be made by means of one of the methods indicated on the appropriate web page by the Seller and in any case by means of, by way of example but not limited to, credit/debit cards, Pay Pal, bank transfer, etc… – .
5.2. – Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Seller and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, as governed by Art. 13, point 2 et seq. of this contract, within a maximum of 30 days from the date on which the Seller became aware of the notice of withdrawal.
Art. 6 – Delivery times and modalities
6.1. – The Vendor shall deliver the products selected and ordered, according to the methods chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point 4.2.
6.2. – Shipping methods, times and costs are clearly indicated and well highlighted at the address – www.oltreilsole.com.
Art. 7 – Prices
7.1. – All sales prices of the products displayed are indicated on the website www.oltreilsole.com, are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. – The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the web page summarising the order placed.
7.3. – The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
Art. 8 – Limitations of liability
7.4 – Any promotions, discounts or special offers applicable to the products on sale on the www.oltreilsole.com website cannot be combined with each other, unless expressly indicated otherwise by the Seller
8.1. – The Seller accepts no liability for disservices attributable to force majeure, such as, by way of example but not limited to, unforeseeable atmospheric events, pandemics, acts of war, etc., in the event that it is unable to execute the order within the time specified in the contract.
8.2 – The Seller, moreover, assumes no liability for possible physical damage caused to the Buyer, or to other subjects, by the Cosmetics, as such damage is attributable solely and exclusively to the individual manufacturers of the Cosmetics sold.
8.3. – The Seller shall not be liable to the Purchaser, except in the event of fraud or gross negligence, for disservices or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers.
8.4. – Furthermore, the Seller shall not be liable for damages, losses and costs suffered by the Purchaser as a result of the non-execution of the contract due to causes not attributable to him, the Purchaser only having the right to a full refund of the price paid and any accessory charges incurred.
8.5. – In no case may the Purchaser be held liable for delays or mishaps in payment if he proves that he made the payment in the time and manner indicated by the Seller.
Art. 9 – Liability for defects, proof of damage and compensable damage: the Supplier’s obligations
9.1. – Pursuant to Article 114 et seq. of the Consumer Code, the Vendor is liable for damage caused by defects in the goods sold if it fails to inform the Purchaser, within the term of three months from the request, of the identity and domicile of the manufacturer or the person who supplied the goods.
9.2. – The aforementioned request, on the part of the Purchaser, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.
9.3. – No compensation shall be due if the Buyer has been aware of the defect in the product and the danger arising therefrom and has nevertheless voluntarily exposed himself to it.
Art. 10 – Legal guarantee of conformity
10.1. – The Seller shall be liable for any conformity defect that manifests itself within the term of 2 years from the delivery of the Cosmetic or, in any case, within the expiry date indicated on the container.
10.2. – For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are fit for the use for which goods of the same type are normally used; (b) they comply with the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model c) have the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Seller, the manufacturer or its agent or representative, in particular in advertising or on the labelling; d) are also suitable for the particular use desired by the Consumer and which was brought to the knowledge of the Seller at the time of the conclusion of the agreement and which the Seller has accepted, even by conclusive facts.
10.3. – The Purchaser forfeits all rights if he does not report the lack of conformity to the Vendor within a period of 2 months from the date on which the defect was discovered. The notification is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
10.4. – In any case, unless proven otherwise, it is presumed that the conformity defect that becomes apparent within 6 months after delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect.
10.5. – In the event of a conformity defect, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the replacement of the Cosmetic Product purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to meet or is excessively burdensome for the Vendor pursuant to Article 130, c. 4, of the Consumer Code.
10.6. – The request must be made in writing, by registered letter with advice of receipt, to the Seller, who shall indicate his willingness to carry out the request, or the reasons preventing him from doing so, within 7 working days of receipt.
In the same communication, if the Vendor has accepted the Purchaser’s request, it shall indicate the method of shipment or return of the goods as well as the deadline for returning or replacing the faulty goods.
If repair and replacement are impossible or excessively onerous, or the Vendor has not repaired or replaced the goods within the term referred to in the previous point or, lastly, the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser, the latter may request, at his own choice, an adequate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Seller, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.
10.8. – In the same communication, if the Seller has accepted the Purchaser’s request, he shall indicate the proposed price reduction or the modalities for returning the cosmetic product. In such cases, it shall be the Purchaser’s responsibility to indicate how the sums previously paid to the Seller are to be re-credited.
Art. 11 – Obligations of the Purchaser
11.1. – The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.
11.2. – The Purchaser undertakes, once the on-line purchase procedure is concluded, to print and keep this contract.
11.3 – The Purchaser undertakes to respect all the indications provided in the brochure with the Cosmetics and to scrupulously follow its instructions for use.
Art. 12 – Right of Withdrawal
12.1. – The Purchaser has in any case the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
12.2. – If the Purchaser decides to make use of the right of withdrawal, he must notify the Seller by registered letter with return receipt to the address – Via Nikolaj Lenin, 7 Garlasco (PV) 27026 – within the following 48 (forty-eight) hours. The postmark affixed by the post office on the receipt issued shall be authentic between the Parties. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly substituted by the return of the purchased goods, provided that it is within the same terms. The date of delivery to the post office or forwarding agent shall be deemed authentic between the Parties.
12.3. – In any case, the goods must be returned no later than 30 (thirty) days from the date of receipt. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
12.4. – The Purchaser may not exercise this right of withdrawal for contracts for the purchase of products that have been opened by the same, as well as goods made to measure or clearly customised or which, due to their nature, cannot be returned or risk deteriorating or altering rapidly, and in any other case envisaged by Article 55 of the Consumer Code.
12.5. – The only costs payable by the Consumer for exercising the right of withdrawal under this Article are the direct costs of returning the goods to the Vendor, unless the Vendor agrees to bear them.
12.6. – The Supplier shall refund the full amount paid by the Purchaser within 30 (thirty) days of receipt of the notice of withdrawal.
12.7. – With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding points of this Article.
Art. 13 – Modalities of archiving the contract
13.1. Pursuant to Article 12, Legislative Decree No. 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier’s premises according to criteria of confidentiality and security.
Art. 14 – Communications and complaints
14.1. – Written communications addressed to the Vendor and any complaints shall be considered valid only if they are sent to the following address Via Nikolaj Lenin, 7 Garlasco (PV) 27026. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Vendor to be sent.
14.2 – All data provided by the Purchaser are processed in full compliance with the regulations set forth in EU Reg. 679/2016 (GDPR) as per the information provided separately on the page www.oltreilsole.com.
Art. 15 – Settlement of disputes
15.1. If the Parties intend to take legal action, the competent Court shall be that of the place of residence or elective domicile of the Purchaser, pursuant to Article 33, c. 2, lett. u), Legislative Decree no. 206/2005.
Art. 16 – Applicable law and reference
16.1. – This contract is governed by Italian law.
16.2. – For all that is not expressly provided for herein, the rules of law applicable to the relationships and cases envisaged in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.
Pursuant to Article 60 of Legislative Decree No. 206/2005, the provisions contained in Part III, Title III, Chapter I of Legislative Decree No. 206/2005 are hereby expressly referred to.