TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale ("Terms and Conditions of Sale") apply to the offer and sale of products through the Cotril.it website, which are governed by these Terms and Conditions of Use and presuppose the reading, knowledge and acceptance of them.
The Customer, therefore, is obliged to read carefully, before making any purchase transaction, these General Conditions that Cotril makes available to him also in order to allow him to reproduce and store them in compliance with the provisions of art. 12, paragraph 3 of Legislative Decree 70/2003. Cotril may change, at any time and without notice, the content of these Terms. In order to purchase products on the Site, the Customer must be at least eighteen years of age or, if a minor, be duly authorized by his or her parents or otherwise by a person exercising parental authority. In addition, the Customer declares that he/she is a "consumer" as defined in the Italian Consumer Code (Legislative Decree no. 206/2005), that he/she is a natural person and that the products will be intended only for strictly personal use and that the purchase of the same is not made in the course of his/her professional activity. This contract will be executed in Italian and will be governed by Italian laws.
IDENTIFICATION OF THE SELLER
The owner of the Site is Cotril Spa with registered office in via Trento 59 - 20021 BOLLATE, tax code and registration number with the Register of Companies of Milan 06260170961, R.E.A. of Milan nr. 1880322.
Each Product is accompanied by an information sheet outlining its main features. Product information is detailed on the site, within the respective sections distinguished by product category. The visual representation of the products, where available, is indicative and normally corresponds to the photographic image of the products themselves and is for the sole purpose of presenting them for sale. To the extent permitted by applicable law, we do not warrant that said details, descriptions, product images are completely accurate, complete, reliable, up-to-date, or error-free. In the event of any difference between the image on the Site and the relevant product sheet, the description in the product sheet shall always prevail.
Not all products on the site may be in full availability: if for any reason can not cope with the order due to unavailability, even temporary, of the product in stock or for any other reason, Cotril will immediately notify the user by e-mail and will refund, with related shipping costs, the product.
All prices shown for products available through the site include VAT at current rates and are quoted in local currency. Cotril reserves the right to change the price of the products, at any time, without prior notice, it being understood that the price charged to the user will be the one indicated on the site at the time the order is placed and that no account will be taken of any changes (up or down) subsequent to the transmission of the order.
PURCHASE PROCEDURE AND REGISTRATION
The Customer can freely browse the site without being bound to place an order. If the Customer chooses to proceed to purchase he/she will have to proceed to registration on the site by entering his/her personal details, following the instructions provided by the registration program (access and registration is reserved exclusively for users over 18 years of age). If the Customer is already registered, he/she will have to proceed to authentication on the site by entering his/her credentials created during the registration phase. In the event that the Customer does not wish to register on the Site, he/she may in any case complete the purchase procedure as a guest user, but will not be able to take advantage of discounts and promotions reserved for registered users.
Purchase orders must be exactly filled out in every part. The Customer must enter the selected products in the appropriate "Shopping Cart" to proceed with the purchase.
Once this operation has been completed, the Customer will display a screen containing a summary of the purchase order, including delivery charges, and must select the desired type of payment, i.e. cash on delivery (COD), credit card or PayPal and send the order by clicking on the "Confirm Order" button.
The Customer can always correct, before submitting the order, any errors in the data entered, modify the contents of the shopping cart, change all the details of his order. After an order has been submitted, the Customer will receive an order confirmation e-mail containing information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment and information on delivery costs.
METHOD OF PAYMENT
Cotril offers the possibility to pay for its products by credit card, Paypal or cash on delivery, only in Italy, with a fixed amount of euro 4.00). The credit cards accepted for payments are those belonging to the Visa, Mastercard, American Express and Maestro circuits.
All credit card holders are subject to validation and authorization checks by the credit card issuer. If the Customer's payment card issuer refuses or does not authorize payment for any reason, we will not be responsible for any delay or non-delivery.
DELIVERY TIME AND MODE
Cotril undertakes to deliver the products, by GLS courier, without undue delay and in any case no later than 30 (thirty) days from the conclusion of the Purchase Agreement, as provided for by current regulations. Orders are processed and delivered only on business days (Monday through Friday, excluding holidays). Orders placed on Saturdays and Sundays will be processed on the next business day. Ordered Products will be sent to the postal address specified by the Customer.
In the event that Cotril is unable, for any reason, to ship within the said time period, it will promptly notify the Buyer by e-mail sent to the address provided by the Buyer during the purchase process. Upon delivery of the Products by Cotril to the assigned courier, an e-mail confirming the shipment will be sent to the Customer. 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 shipped goods; b) the packaging is intact and not altered even in the closing tapes if present. Any damage to the anti-abrasion label, the packaging and the Products or the mismatch in the number of pieces/packages or the indications must be immediately contested by the Customer, who may contact Cotril through Customer Service specifying the order for which such mishaps occurred.
In the event that the delivered merchandise has any damage allegedly caused by transportation, the Customer may refuse the delivery and immediately notify Cotril, which will make the necessary disputes to the shipper, providing for a new shipment once it has received the redelivery of the disputed merchandise. In the event that the Customer nevertheless decides to accept the goods on delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard their rights must challenge the carrier the unsuitability of the packaging, affixing the words "RESERVE TO CHECK GOODS BECAUSE OF ..." (indicating the reason behind the reservation in question) on the delivery document, of which it must retain a copy.
In any case of force majeure or fortuitous event, Cotril shall not be held responsible for delay or non-delivery and reserves the right to terminate all or part of the contract, suspend or postpone its performance.
RIGHT OF WITHDRAWAL
In compliance with Article 52 of Legislative Decree No. 21/2014 (Consumer Code), the Customer has 14 (fourteen) days, starting from the date of actual delivery of the order, to withdraw from the Purchase Agreement, without any obligation to give reasons and without any penalty. In the event of the expiration of the relevant withdrawal period referred to above, the contract inherent in the order shall be considered definitively concluded and the Customer shall not be entitled to request a refund. Only the Customer may exercise the right of withdrawal.
In the case of multiple products ordered in a single order and delivered separately, the 14 (fourteen) day period starts from the day on which the Customer or a third party, other than the carrier and designated by the carrier, acquires physical possession of the last good. The Customer will lose the right of withdrawal if the good is opened after its delivery.
In addition, this right of withdrawal is almost excluded under Article 59 of Legislative Decree No. 21 of 2014 (Consumer Code), in the following cases:
- Waiver expressly manifested by the Buyer;
- Provision of the customized or tailor-made products;
- Delivery of sealed products that are not suitable for return for hygienic or otherwise health protection reasons and that have been opened after delivery.
For these very reasons, since these are sealed cosmetic and beauty products, the right of withdrawal can only be exercised if the products are perfectly intact and in their original packaging.
EFFECTS OF WITHDRAWAL
To exercise the right of withdrawal, the Customer must inform Cotril in advance of its decision to withdraw from the purchase contract and must request a return authorization code, at [email protected].
Upon receipt of the return authorization code, he/she may complete the form (download it here) with the details of the order including the number and description of the products being returned, before the expiration of the withdrawal period.
In the event of withdrawal by the Customer from the Purchase Agreement, all payments made by the same in favor of Cotril will be refunded, with the exception of delivery and/or cash-on-delivery costs.
The goods shall:
- Be intact, sealed and unused;
- Be returned in the original packaging, complete in all its parts;
- must be received without undue delay and in no case later than 14 days from the day Cotril receives the notice of withdrawal.
Shipment, until receipt, is the full responsibility of the Customer. In the event of damage to the goods during transport, Cotril will notify the Customer of the incident.
Refunds will be made using the same means of payment used by the Customer for the initial transaction, except for cash on delivery where bank transfer will be used.
Refunds may be suspended until receipt of the Products by Cotril. The cost of returning the Products will be borne by the Customer. We strongly recommend sending the package via a registered delivery service (one that requires a signature upon receipt).
INTELLECTUAL PROPERTY RIGHTS
The contents of the site, such as but not limited to, the works, images, photographs, dialogues, music, sounds, videos, texts and any other material in any format, including, menus, web pages, graphics, colors, patterns, tools, fonts, design, diagrams, layouts, methods, processes, functions and software and related distinctive signs, trademarks and/or logos are the exclusive property of Cotril. Any use, even partial, is prohibited without the prior written permission of Cotril, in whose favor all related rights are exclusively reserved.
COMMUNICATIONS AND COMPLAINTS
All communications or any claims by the Customer against Cotril with respect to the Purchase Agreements should be sent to the address [email protected].
PROCESSING OF PERSONAL DATA
If one or more of the clauses provided within these "Terms and Conditions of Sale" are declared invalid pursuant to a law, regulation, or as a result of a final decision of the jurisdiction, the other clauses will remain valid and effective.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by and shall be construed in accordance with local laws. Any dispute arising out of the interpretation, validity and/or performance of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of Customer's place of residence or domicile.
ADR/ODR DISPUTE RESOLUTION
The Customer has the option of accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute with Cotril.
For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure for a dispute related to the contract with Cotril, the Buyer should access the following link: http://ec.europa.eu/odr. The e-mail address of Cotril to be indicated in the European ODR Platform is as follows: [email protected]
If the Customer resides in a member state of the European Union other than Italy, he/she may, in addition, access the European procedure established for small claims, by Regulation (EC) No. 861/2007 of July 11, 2007.The text of the regulation can be found at www.eur-lex.europa.eu.
LEGAL WARRANTY OF CONFORMITY OF GOODS
Cotril guarantees the conformity of the products with respect to what is provided in the relevant product sheet on the site for a period of two years and in accordance with Articles 128-135 of the Consumer Code to which reference is made. The warranty does not cover damages caused by misuse of the products, damages caused by carriers and, in any case, damages that derive from third party factors and are not attributable to conformity defects of the products. In case of defects and / or non-conformity, you will be entitled to the restoration of conformity of the product, by repair or replacement, or alternative remedies in the cases expressly provided for in Article 130 of Legislative Decree No. 206/2005. If you have received a damaged, non-compliant, defective or incorrect product, you may request the repair or replacement or refund of the item within and no later than 2 (two) months after discovery.