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youglam.it and any related subdomains
The goods subject to these general conditions are sold by Beauty Value Srl, with headquarters in Via Luigi Vitali, 1 – 20122 Milan, Email email@example.com, registered with the Chamber of Commerce of MILAN MONZA BRIANZA LODI under No. MI-2642028 of the Business Register, Tax Code 12125780960, VAT number 12125780960 hereinafter referred to as “Seller”.
1.1 The terms “online sales contract” or “contract” refer to the purchase agreement relating to the Seller’s movable tangible property, stipulated between them and the Buyer in the context of a remote sales system through IT tools provided by the Seller.
1.2 The term “Buyer” refers to the natural person who makes the purchase, under this contract, for purposes not related to any commercial or professional activity.
1.3 The term “Seller” refers to the person identified above or the person who sells the goods through the website indicated in the following article.
2. Subject Matter of the Contract
2.1Pursuant to this contract, the Seller sells and the Buyer executes a remote purchase, via web tools, the tangible movable goods presented and offered for sale on the yglam.it website and other related subdomains.
2.2. The products referred to in the preceding paragraph are shown, with specific and detailed descriptions of their characteristics, in the dedicated section within the web portal which can be accessed via web address: https://yglam.it/shop, and other related subdomains.
3. Method of Entering into the Contract and Acceptance of the General Conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet in remote telematic manner, by means of the Buyer’s access to the web address yglam.it and other related subdomains,where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in clause 2.1 of the previous article. The Buyer is aware that in order to access the yglam.it website, it is necessary to have an Internet connection, the costs of which are borne by the Buyer under the terms established by its connectivity vendor.
3.2 These general conditions are valid from the day of the conclusion of this contract and may be updated, supplemented or modified at any time by the Seller, who will provide notice thereof via the pages of the yglam.it website and such updates/changes and/or additions will be effective for future purchases.
3.3 These general conditions of sale must be examined “online” by the Buyer, prior to the completion of the purchase procedure. The submission of the purchase order confirmation, therefore, implies full knowledge of the conditions and their full acceptance.
3.4 Acceptance of the terms and conditions of sale must be expressed through the accurate completion of the registration form by the Buyer – whose personal data are processed in the manner set forth in the Informative note on the processing of personal data following the acceptance of the “Terms and Conditions of Sale” and the submission of the purchase form completed by the system after the insertion of the selected products in the electronic shopping cart. Before the final submission of the order, the Buyer will be asked to check the contents of the shopping cart containing a summary of the same in which the details of the ordering party and the order are described – the price of the selected goods, any shipping costs and any additional ancillary expenses, the method and terms of payment, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address is confirmed it cannot be changed.
3.5 By confirming the Order by clicking on “Complete Order”, the Buyer declares that he/she has knowingly accepted the contents and conditions of the Order in question and, in particular, these General Terms and Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the terms of payment, stating to have read and accepted all the information provided by him/her pursuant to the aforementioned rules. The Buyer also acknowledges that the Seller shall not be bound by any different terms unless previously agreed upon in writing.
3.6 When the Seller receives the order from the Buyer, he shall send an email confirming the receipt of the order, or the display of a web page confirming and summarizing the order itself and specifying the data mentioned in paragraph 3.4. The confirmation email therefore displays the order number, the products purchased, the delivery address, as well as other information related to the order being processed.
4. Method of Purchase and Selling 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 for the consumer; therefore, they must always be considered indicative and subject to express confirmation by email from the Seller upon payment, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the yglam.it website and other related subdomains are indicated in Euros and are the prices in effect at the time the Order is placed by the Buyer. The Seller may change the sale price of the products at any time and without prior notice. However, the Buyer will be notified of any such changes before the Order is placed.
4.3 Product prices include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination location selected by the Buyer when placing the Order and are displayed in the Order Summary prior to the Buyer’s request for Order Confirmation. Please refer to Article 9 of these general terms and conditions.
4.5 Receipt of the Order does not bind the Seller until the Seller has sent the payment confirmation email indicating the Order Number as set out in paragraph 3.6.
4.6 The Buyer expressly grants the Seller the right to accept, if even only partially, the order made (for example, in the event that there is no availability of all the products ordered). In this case, the contract shall be deemed as concluded only with reference to the goods actually sold.
4.7 By accepting these contractual terms and conditions, the Buyer expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity pursued.
5. Conclusion of the Contract
5.1 The Contract executed through the Site shall be deemed concluded when the Buyer receives, via e-mail, formal confirmation of the order with a notice: “Order Processing Confirmation E-mail”. The Contract shall be concluded in the place where the registered office of the Seller is located.
5.2 The order can no longer be canceled when, whatever the payment method, you have proceeded to click the “Complete Order” button in Step 3. After this phase, you may only proceed with the return once the package has been received in the manner stated in Article 13.
6. Delivery Times and Methods for Purchases Made within yglam.it or Other Related Subdomains
6.1 The Seller will deliver the products selected and ordered, in accordance with the method chosen by the Buyer or as indicated on the website at the time the goods are offered, as confirmed in the email referred to in paragraph 3.6.
6.2 Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from the order confirmation as provided by current regulations. In the event that the Seller is unable, for any reason, to complete the shipment within that period, it will promptly notify the Buyer via email sent to the address provided by the latter during the purchase process. Here is the link for information regarding shipping in Italy and in European countries: https://yglam.it/en/shipments/.
6.3 Upon delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and unaltered, including the closing tapes if present. If the goods received do not correspond to the order placed or products ordered are absent, the Buyer must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by filling in the appropriate customer service form (https://yglam.it/en/contact/). The Seller may request appropriate descriptions and evidence of the discrepancy (e.g. photographs) and acknowledge the Customer where it finds that the discrepancy is real and not the Customer’s fault. A partial return may also occur concerning only the products shipped mistakenly, provided that they are intact and with their original seals. If the Buyer requests a return for the wrongly shipped product and the shipment of the correct one and the latter is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.
6.4 In the event that the delivered goods show any damage evidently caused by transportation, the Buyer may refuse delivery and immediately notify the Seller who will arrange the necessary disputes to the carrier, providing for a new shipment upon receipt of the disputed goods.
6.5 In the event the Buyer decides to accept the goods on delivery despite the packaging being seriously damaged and/or tampered with, he/she must contest the unsuitability of the packaging to the courier by affixing the words “GOODS SUBJECT TO CONTROL DUE TO…” (explaining the reason) on the delivery document, of which a copy must be retained and then proceed to make an immediate report to the Seller.
7. Pricing and Payment
7.1.All product sales prices indicated on the web address https://yglam.it/en/shop-2/ or another page available on the website are expressed in Euros.
7.2 The sales prices referred to in the preceding paragraph are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and contained in the order summary web page, as well as in the summary email sent following the conclusion of the purchase procedure.
7.3 Any promotional offers are specifically indicated and marked within the site with the words “GIFT”.
7.4 The Buyer warrants to the Seller that he/she has the necessary authorizations to use the payment method chosen for his/her Order at the time the Order is placed. Payment methods are available: Stripe; Klarna; PayPal Account; Bank Transfer; Cash on Delivery (+ €5.00).
7.6 All Orders are payable in Euros, including taxes and compulsory charges. Any bank charges will be the sole responsibility of the Buyer (even in the event of a refund). The bank transfer must be executed within 10 (ten) days from the Order – after which the order is automatically cancelled and the Buyer will receive notification via automatic email.
7.7 The products ordered shall remain the property of the Seller until the moment in which the entire Order payment – including shipping charges, taxes and other compulsory contributions (where applicable)- is paid in full by the Buyer. For customer protection purposes, all orders, before being processed, are subject to authenticity checks directly by the relevant credit card issuing institutions. If for any reason, 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 will be informed by automatic email communication.
7.8 Communications regarding the payment and the data communicated by the Customer at the time this is made take place on special protected lines and with all the guarantees ensured by the use of security protocols provided by the payment circuits.
8. Product Availability
8.1 The Seller ensures the processing and fulfillment of orders without delay through the electronic system used. To this end, it indicates the availability of products in its electronic catalogue with the fastest possible updates, as well as an estimate of taking charge of the order.
8.2 Should an order exceed the available quantity, the goods not available at the time of the order will be automatically removed from the shopping cart.
8.3 The Seller’s computer system will confirm the successful registration of the order in the shortest time possible possible by forwarding a summary email to the Buyer, pursuant to paragraph 3.6.
8.5 Regardless of product availability, the individual Customer may not order more than 30 pieces for any single product in each purchase slot.
9. Seller’s Liability
9.1 The Seller assumes no liability for inefficiencies attributable to force majeure or unforeseeable circumstances.
9.2 The Seller shall not be liable to the Buyer – except in the case of intentional fault or serious negligence- for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.
9.3 In case of carrier-related delays, the Buyer shall send a report to the Seller who will proceed to the appropriate contacts with the Carrier. In case of loss of the package or other events causing non-delivery or incorrect delivery, the Seller, in agreement with the Buyer, shall proceed either to refund or resend the order.
9.4 The Seller assumes no liability for any fraudulent and illicit use – by unauthorized third parties – of credit cards, checks and other means of payment upon payment of the purchased products if it proves to have adopted all necessary precautions on the basis of the best science and experience of the moment and on the basis of ordinary diligence.
10. Warranties and Methods of Service
10.1 IThe Seller shall be liable for any lack of conformity that occurs within the term of 2 (two) years of delivery of the goods.
10.2 The Buyer shall forfeit all rights if he/she fails to report the lack of conformity to the Seller within the term of 2 (two) months from the date on which the defect was discovered.
10.3 In any event, unless proven otherwise, it shall be presumed that the lack of conformity arising within 6 months of the delivery of the goods already existed on that date, unless the such assumption is inconsistent with the nature of the goods or the nature of the lack of conformity.
10.4 In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, 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 failures caused by their improper use or by external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.
10.5 The request must be made in writing, to the Seller, through the customer service form (https://yglam.it/en/contact/); the complaint should include a description of the defect, including by means of photographs and videos, as well as the date of discovery of the defect itself. The Seller will report to the Buyer whether it is willing to act on the claim or the reasons preventing it from doing so within 7 (seven) business days of the receipt. If the Seller has accepted the Buyer’s request, it shall indicate -in the same notice- the method of shipment or return of the good as well as the expected time limit for the return or replacement of the defective good.
11. Seller’s obligations for defective products, proof of the damage and compensable damages
11.1 The Seller shall not be held liable for the consequences deriving from a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer placed the product into circulation did not yet allow the product to be considered defective.
11.2No compensation shall be due if the injured party was aware of the product defect and the danger to which it may give rise, and, not withstanding, deliberately exposed him/herself to it. Similarly, any defects resulting from the misuse and/or erroneous use of the purchased goods, due to external causes (e.g. shocks, falls, etc.), carelessness, and improper use shall not be attributable to the Seller’s liability.
11.2In any case, the injured party shall prove the defect, damage, and causal connection between defect and damage, including through descriptions, photographs, and means available to the injured party.
12. Buyer’s Obligations
12.1 The Buyer agrees to pay the price of the purchased goods in the time and manner specified in this contract.
12.2 The Buyer agrees, upon completion of the online purchase procedure, to print and keep a copy of this contract received by e-mail and attached to the purchase order confirmation.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges it – prior to confirming the purchase through electronic procedures.
13. Right of Withdrawal
13.1 According to the provisions of the Consumer Code, the Buyer may, within the term of 14 (fourteen) business 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 warranty seal or simply opening and/or deteriorating the outer packaging itself. Instructions here: https://yglam.it/en/returns-and-refunds/.
13.2 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Consumer Code shall not be affected. Specifically, the right of withdrawal is excluded for goods sold “made-to-order” and in the event that the sales service concerns the supply of sealed goods that are not suitable for return for hygienic reasons or reasons related to the protection of health and have been opened after delivery (Art. 59 letter e) Consumer Code.
13.3 Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, the return costs will be borne exclusively by the Buyer.
13.4 It is also recalled that packages sent at the expense of the recipient will not be accepted.
13.5 The Seller will 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 Buyer has demonstrated that it has returned the goods.
13.6 For orders less than EUR 50.00, EUR 4.00 will not be reimbursed for shipping costs. In addition, if gadgets and free products were included in the Order – including “free samples”- and are not returned, EUR 5.00 will be deducted from the refund.
13.6 The Buyer and/or the recipient of the Order must complete the return form which can be downloaded here https://yglam.it/en/returns-and-refunds/. It must be duly completed and signed as indicated.
13.7 The products must be returned to the Seller in a state of substantial integrity, with their original packaging, accessories, instructions for use and anything else provided with them, in a condition such that they may once again be sold (grounds for exclusion referred to in paragraph 13.2 are recalled). If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.
13.8 The return of products after the legal term established for withdrawal and contractual cancellation will not be accepted.
13.9 The Consumer who exercises the right of withdrawal in accordance with the provisions will be refunded the amounts already paid no later than 30 days from the date on which the Seller (or the service provider) became aware of the Consumer’s exercise of the right of withdrawal.
14. Termination of the Contract
14.1 If one Party is in default against the other with respect to any of the obligations under this contract, the other Party may request termination pursuant to Art. 1453 c.c. et seq. without prejudice in any case to the right to compensation for damages.
14.2 Pursuant to Art. 1456 of the Italian Civil Code, the Party who intends to avail itself of the termination shall notify the counterparty by sending a registered letter with return receipt or CEM (Certified Electronic Mail) stating the reason; the effects of the termination shall commence from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Buyer shall only be entitled to the refund of any sum already paid.
15. Failure to collect the package – Termination of the contract
15.1 Granted 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 will send specific email informing the Buyer of the imminent delivery, as well as through the shipping link. The status of the order placed and the tracking link are always available by accessing their personal area.
15.2 The courier will make a first delivery attempt on the date indicated by the tracking; in case of non-delivery, it will proceed to a second attempt unless there is a need for corrections and changes in the address for which the Buyer himself must take action.
15.3 Should the second attempt at delivery be unsuccessful, the package will be placed in storage at the Courier in the term established and indicated by the tracking page itself. Depending on the Courier, the package in stock can be unblocked either by contacting it directly or by contacting the Seller’s Customer Service.
15.4 Once the storage period has expired, the Order is returned to the Seller and the Seller will inform the Buyer that it can request the shipment again at its own expense no later than 5 days after receiving the notice. This hypothesis does not exist in the case of purchase with cash on delivery payment; in this case, the Order, once returned to the Seller, is immediately voided.
15.5 If even in this case the Order is not claimed, the Seller will communicate that the contract is rescinded by law and will proceed to refund the amount paid by the Buyer and disassemble the package within and no later than 30 days from the communication sent; along with the refund, the accredited Punti Fagiana (Fagiana Points) will be eliminated and the discount codes used will not be restored.
15.6 Whereby the Seller is not in a condition to be able to refund the price paid due to incompatibility of the payment method used at the time of purchase with an automatic credit, it will ask the Buyer to indicate the bank details on which he/she wishes to receive the refund. After ten days without receiving a response, the Seller will issue a purchase voucher equal to the value of the price to be refunded and send it to the Buyer’s contact addresses. With the issuance of the voucher, the Buyer shall have no further claim against the Seller.
16. Protection of Confidentiality and Processing of Buyer’s data
16.1 The Seller shall protect the privacy of its customers and ensure that the processing of personal data complies with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and applicable data protection legislation.
17. Communications and Complaints – ODR Platform
17.1 Written notifications to the Seller and any complaints will only be considered if submitted via the contact form on the https://yglam.it/en/contact/ page. The Buyer is required to indicate in the registration form (on the website) his/her residence or domicile, telephone number and email address to which he/she wishes correspondence from the Seller to be sent.
17.2 Pursuant to Article 14 of European Regulation 524/2013, the Seller informs the Buyer that in the event of a dispute he/she may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link: https://ec.europa.eu/consumers/odr/. The Seller, however, encourages the Buyer to use the contact form on the web page https://yglam.it/en/contact/ in order to resolve any type of issue directly.
18. Applicable Law and Jurisdiction
18.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, in the capacity of a consumer, has his/her residence shall have jurisdiction.
18.2 Should any of the provisions contained in this online sales contract be deemed invalid, void or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the other provisions.