The following Terms and Conditions (“Terms and Conditions”) are applied to the offering and sale of products through the Cotril.it website, which are governed by these Conditions of use and assume the reading, the knowledge and acceptance of the same. The Customer, therefore, is required to read carefully, before making any purchase transaction, these General Conditions that Cotril makes available to you also in order to allow the reproduction and storage in compliance with the provisions of art. 12, 3° paragraph of Legislative Decree no. 70/2003. Cotril may modify, at any time and without notice, the content of these Conditions. In order to be able to purchase products on the Site, the Customer must have completed the eighteenth year of age or, if minor, be duly authorized by the parents or otherwise by the subject of parental authority. In addition, the customer declares to be “consumer” according to the definition of the Italian Consumer Code (D.lgs. nr. 206/2005), to be a natural person and that the products will be intended only for strictly personal use and that the purchase of the same is not carried out in the performance of his professional activity. This contract will be executed in Italian and will be governed by Italian law.
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 in the Register of Companies of Milan 06260170961, R.E.A. of Milan nr. 1880322.
Each Product is accompanied by an information sheet that illustrates its main characteristics. Product information is described in detail on the website, within the respective separate sections by product category. The visual representation of the products, where available, has indicative value and normally corresponds to the photographic image of the products and has the only purpose of presenting them for sale. To the extent permitted by applicable law, we do not guarantee that such details, descriptions, product images are completely accurate, complete, reliable, up-to-date or error-free. In the case of a difference between the image present on the Site and the relevant product sheet, the description given in the product sheet shall always be valid.
UNAVAILABILITY OF PRODUCTS
Not all products on the site can be in full availability: if for any reason cannot meet the order for unavailability, even temporary, of the product in stock or for other cause, Cotril will immediately notify the user via e-mail and will provide for the refund, with relative transport costs, of the product.
All prices indicated for the products available through the site are inclusive of VAT at current rates and are expressed in local currency. Cotril reserves the right to change the price of the products, at any time, without notice, provided that the price charged to the user will be the one indicated on the site at the time of placing the order and that no account will be taken of any changes (increasing or decreasing) after the transmission of the same.
PURCHASE AND REGISTRATION PROCEDURE
The Customer can freely browse the site without being bound to place an order. If the Customer chooses to proceed with the purchase must proceed to the registration on the site inserting their own details, following the instructions provided by the registration program (access and registration is reserved exclusively to users over the age of 18). If the Customer is already registered, he must authenticate the site by entering his credentials created during the registration phase. In the event that the Customer does not wish to register on the Site may in any case conclude the purchase procedure as a guest user without taking advantage of discounts and promotions reserved for registered users only.
Purchase orders must be filled in exactly in every part. The Customer will have to insert the selected products in the special “Cart” to proceed with the purchase.
After this operation the Customer will see a screen containing the summary of the purchase order, including delivery costs and must select the type of payment desired, ie cash on delivery (cash on delivery), credit card or Paypal and send the order by clicking on the “Order Confirmation” button. The Customer can always correct, before submitting the order, any errors on the data entered, change the contents of the cart and change all the details order. After an order has been submitted, the Customer will receive an order confirmation email containing information on the essential characteristics of the products purchased, 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 with credit card, Paypal or cash on delivery, only in Italy, with a fixed amount of EUR 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 authorisation checks by the credit card issuer. If the issuer of the Customer’s payment card refuses or does not authorize, for any reason, the payment, we will not be responsible for any delays or missed deliveries.
DELIVERY TIMES AND METHODS
Cotril undertakes to deliver the products, by courier GLS, without undue delay and in any case no later than 30 (thirty) days from the conclusion of the Purchase Agreement, as required by applicable law. Orders are processed and delivered only on working days (from Monday to Friday, excluding public holidays). Orders placed on Saturday and Sunday will be processed the following working day. The Products ordered will be sent to the postal address specified by the Customer.
In the event that Cotril is not able, for any reason, to carry out the shipment within the deadline, it will give prompt notice to the Buyer by e-mail sent to the address provided by the latter during the purchase procedure. Upon delivery of the Products by Cotril to the courier in charge, an e-mail will be sent to the customer confirming the shipment. At the time of delivery, the Purchaser 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 not altered even in the closing tapes if present. Any eventual damages on the anti-burglary label, packaging and products or the missing correspondence of the number of pieces/packages or indications must be immediately contested by the Customer, that can contact Cotril through our Customer Service specifying the order for which these problems occurred. In the event that the delivered goods present any damages caused by the transportation, the Buyer can refuse the delivery and immediately notify Cotril who will take care to carry out the due contests to the shipper providing for a new shipment once we have received the return of the contestation goods. In the event that the Customer decides to accept the goods delivered, despite the packaging is severely damaged and/ or tampered with, in order to safeguard their rights must contest the unsuitability of the package to the courier, with the written “GOODS CONTROL RESERVE DUE TO …” (stating the reasons for the reservation in question) on the delivery document, of which you will keep a copy.
In any case of major force or accident, Cotril shall not be responsible for any delay or non-delivery and reserves the right to solve all or part of the contract, suspend or postpone its execution.
RIGHT OF WITHDRAWAL
In compliance with art. 52 of Legislative Decree no. 21/2014 (Consumer Code), the Customer has at disposal 14 (fourteen) days, starting from the date of actual order delivery, to withdraw from the Purchase Contract, without any obligation to state reasons and without any penalty. In case of expiration of the relevant withdrawal period referred to above, the contract relating to the order will be considered definitively concluded and the Customer will not be able to request a refund. Only the Customer can exercise the right of withdrawal.
In the case of multiple products ordered in a single order and delivered separately, the end of 14 (fourteen) days shall begin from the day on which the Customer or a third party, other than the carrier and designated by them, acquires physical possession of the last good. The Customer will lose the right of withdrawal in case of opening the goods after delivery. In addition, this right of withdrawal is virtually excluded pursuant to art. 59 of D. Lgs. n. 21 of 2014 (Consumer Code), in the following scenarios:
Precisely for these reasons, since they are sealed cosmetic and beauty products, the right of withdrawal can be exercised only if the products are perfectly intact and in their original packaging.
EFFECTS OF WITHDRAWAL
In order 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]. On receipt of the return authorisation code, you can fill in the form (download here) with all the details of the order including the number and description of the products that are returned, before the expiry of the withdrawal period. In the event of withdrawal by the Customer from the Purchase Agreement, all payments made by the Customer to Cotril will be refunded, with the exception of delivery and/or cash on delivery costs. The goods must:
The shipment, until receipt, is under the complete responsibility of the Customer. In case of damage of the goods during transport, Cotril will inform the customers of the accident.
Refunds will be made using the same means of payment used by the Customer for the initial transaction, except for the cash on delivery where the bank transfer will be used. The refund may be suspended until the moment of receipt of the Products from Cotril. The costs of the returning of the products will be charged to the Customer. We strongly recommend that you send your parcel via a registered delivery service (one that requires a signature upon receipt).
INTELLECTUAL PROPERTY RIGHTS
The contents of the site, such as for example and not exhaustive, 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 its distinctive marks, trademarks and/or logos are the exclusive ownership of Cotril. Any other use, even if only partial, is prohibited without the prior written permission of Cotril, to which all rights are exclusively reserved.
COMMUNICATIONS AND COMPLAINTS
All communications or any complaints of the Customer to Cotril regarding the Purchase Contracts, must be sent to the [email protected].
PROCESSING OF PERSONAL DATA
If one or more clauses provided for in this “Terms and Conditions” are declared void by law, regulation or after a final decision of the jurisdiction, the other clauses shall remain valid and effective.
APPLICABLE LAW AND JURISDICTION
These terms and conditions are regulated and shall be interpreted in accordance with local laws. Any dispute arising from the interpretation, validity and / or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the Customer’s place of residence or domicile.
ADR/ODR DISPUTE SETTLEMENT
The Customer has the right to access the European Online Dispute Resolution Platform (the European ODR Platform) for the resolution of any dispute with Cotril. For further information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure of a dispute relating to the contract with Cotril, the Buyer must access the following link: http://ec.europa.eu/odr. Cotril e-mail address to be indicated on the European ODR Platform is the following: [email protected]. If the Customer resides in a member state of the European Union other than Italy, they can also access the European procedure established for small claims, by Regulation (EC) n. 861/2007 of 11 July 2007.The text of the regulation can be found on www.eur-lex.europa.eu.
LEGAL GUARANTEE OF CONFORMITY OF GOODS
Cotril guarantees the products compliance with the provisions of the relevant product sheet on the site for a period of two years and in accordance with art. 128-135 of the Consumer Code referred to. The guarantee does not cover damage caused by inappropriate use of products, damage caused by carriers and, in any case, damage resulting from third-party factors and not attributable to defects in conformity of products. In case of defects and/or non-conformity, you will have the right to restore the conformity of the product, by repair or replacement, or alternative remedies in the cases expressly provided for by art. 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 no later than 2 (two) months after discovery.
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