General Conditions of Sale
https://charmaly.com – https://charmaly.it and all related subdomains
SELLER IDENTIFICATION
The E i l i e i n i a i i i iiiii Q i u i a i t i t i r i o i c i c i h i i, i i i iiiii v i i i a i l i e i i i i i i i i T i e i o i d i o i r i i i c i o iiiii i i i 1 i 9 i / i 2, i i i iiiii M i i i l i a i n i o – Codice i Fiscale Q i T i T i L i N i E i 8 i 6 i B i 6 i 4 i F i 2 i 0 i 5 i H) VAT number IT i 1 i 1 i 1 i 1 i 7 i 0 i 3 i 0 i 9 i 6 i 2 hereinafter referred to as the “Seller”.
1. DEFINITIONS
1.1 The expression “online sales contract” or “contract” means the sales contract relating to the Seller's tangible movable goods, stipulated between the latter and the Consumer within the scope of a remote selling system via telematic tools, organised by the Seller.
1.2 The term “Consumer” refers to the natural person who makes the purchase referred to in this contract for purposes other than any commercial or professional activity carried out.
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. OBJECT OF THE CONTRACT
2.1 With this contract the Seller sells and the Consumer purchases remotely, via electronic means, the tangible movable goods presented and offered for sale on the website https://charmaly.com – https://charmaly.it and any connected subdomains.
2.2. The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the dedicated section within the web portal accessible at the address: https://charmaly.com – https://charmaly.it and any connected subdomains
3. METHODS OF ENTERING INTO THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS
3.1 The contract between the Seller and the Consumer is concluded exclusively through the Internet in remote telematic mode, through the Consumer's access to the web address https://charmaly.com - https://charmaly.it and any connected subdomains, where, following the procedures indicated therein, the Consumer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Consumer is aware that to access the site https://charmaly.com - https://charmaly.it it is necessary to have an Internet connection, the costs of which are borne by the Consumer according to the methods established by their connectivity provider.
3.2 These general conditions are valid from the day of conclusion of this contract and may be updated, integrated or modified at any time by the Seller, who will provide notice of this through the pages of the Site https://charmaly.com – https://charmaly.it and such updates/modifications and/or integrations will be effective for future purchases.
3.3 These general conditions of sale must be examined “on line” by the Consumer, before completing the purchase procedure. The forwarding of the purchase order confirmation, therefore, implies full knowledge of the same and their complete acceptance.
3.4 Acceptance of the conditions of sale must be manifested through the timely completion of the registration form by the Consumer - whose personal data are processed in accordance with the methods indicated in the Information on the processing of personal data following acceptance of the "General conditions of sale" and the sending of the purchase form filled in by the system after inserting the selected products into the electronic cart. Before definitively sending the order, the Consumer will be invited to check the contents of the cart, with a summary of the same in which the details of the person ordering and the order are reported, the price of the selected item, any shipping costs and any additional charges, the payment methods and terms, the address where the item will be delivered, as well as acceptance of the order. Once the delivery address has been confirmed in the appropriate pop-up, it will not be possible to change it.
3.5 By confirming the order by clicking on "Complete order", the Consumer declares that he has consciously accepted the content and conditions of the order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Consumer, as well as the payment conditions, declaring that he has read and accepted all the indications provided by him pursuant to the aforementioned legislation, also acknowledging that the Seller is not bound to different conditions unless previously agreed in writing.
3.6 When the Seller receives the order from the Consumer, it sends an e-mail confirming receipt of the order or displays a web page confirming and summarizing the order itself, which also contains the data referred to in point 3.4. The confirmation e-mail therefore indicates: the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.
4. PURCHASE METHODS AND SELLING PRICES
4.1 The products, prices and conditions of sale on the Site – within the limits of their availability – do not constitute an offer to the public for the Consumer; they must therefore always be considered indicative and subject to express confirmation via e-mail by the Seller once payment has been made, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the Site https://charmaly.com – https://charmaly.it and any connected subdomains are indicated in Euros and are the prices in force at the time the order is sent by the Consumer. The Seller may change the sale prices of the products at any time and without notice. Such change will in any case be communicated to the Consumer before sending any order.
4.3 Product prices include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination selected by the Consumer at the time of ordering and are displayed in the order summary before the Consumer requests confirmation of the order. Please refer to art. 9 of these general conditions of sale.
4.5 The receipt of the order does not bind the Seller until the latter has sent the email confirming the payment with the indication of the order number as indicated in point 3.6.
4.6 The Consumer expressly grants the Seller the right to accept even only partially the order placed (for example in the case in which not all the products ordered are available). In this case the contract will be considered perfected in relation to the goods actually sold.
4.7 By accepting these contractual conditions, the Consumer expressly declares that he is making the purchase for purposes other than any commercial or professional activity he may carry out.
5. CONCLUSION OF THE CONTRACT
5.1 The Contract stipulated through the Site is considered concluded when the Consumer receives, via e-mail, the formal confirmation of the purchase order, with subsequent automatic e-mail communication summarizing the order as per art. 5.3, through which the Seller accepts the order sent by the Consumer and informs him that he can proceed with its fulfillment. The Contract is considered concluded in the place where the Seller has its registered office.
5.2 Until the Consumer has received the confirmation email referred to in the previous point, he/she will have the right to proceed with the cancellation of the order using the methods indicated on the Site. Once this phase has been completed, it will be possible to proceed with the return only once the package has been received according to the methods indicated in point 14.
6. DELIVERY TIMES AND METHODS FOR PURCHASES MADE WITHIN HTTPS://CHARMALY.COM – HTTPS://CHARMALY.IT AND ANY CONNECTED SUBDOMAINS
6.1 The Seller will deliver the selected and ordered products, according to the methods chosen by the Consumer or indicated on the site at the time of the offer of the goods, as confirmed in the email referred to in point 3.6. Orders are processed as soon as payment is received, or on the first available working day. Orders placed from Friday to Sunday will be processed on the following Monday.
6.2 Shipping times may vary from the day after the order up to a maximum of 30 (thirty) days from the confirmation of the order, as required by current legislation. In the event that the Seller is unable, for any reason, to ship within said period, he will promptly notify the Consumer via email sent to the address provided by the latter during the purchase procedure .
6.3 Upon delivery, the Consumer is required to verify 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 unaltered, including the sealing tapes if present. If the goods received do not correspond to the order placed or there are no products ordered, the Consumer must report such discrepancy within 5 (five) days of receiving the package by contacting the Seller directly at ordini@charmaly.com
The Seller may request descriptions and evidence suitable to prove the non-conformity (for example photographs) and provide positive feedback to the Customer if it finds that the non-conformity is real and not attributable to the Customer. A partial return may also occur which concerns only the products sent incorrectly, provided they are intact and with the relevant seals. If the Consumer requests the return of the product sent incorrectly and the shipment of the correct one and the latter is not available at the time, 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 damage presumably caused by transport, the Consumer may refuse delivery and immediately notify the Seller, who will make the appropriate complaints to the forwarder, arranging a new shipment once the disputed goods have been returned.
6.5 In the event that the Consumer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to protect his/her rights he/she must contest the inadequacy of the packaging to the courier, by writing the wording “RESERVATION TO CHECK GOODS FOR…” (indicating the reason for the reservation in question) on the delivery document, of which he/she must keep a copy, and then immediately report it to the Seller.
6.6 If the tracking shows that the goods have been delivered, starting from that date the Consumer may, within the following ten days, open a report to Customer Care for non-delivery. The Seller will proceed with the appropriate checks with the courier, granting the Consumer, if necessary, a new shipment or a refund of the amount paid.
7. PRICES AND PAYMENTS
7.1 All product sales prices are indicated on the web address https://charmaly.com – https://charmaly.it or other page available on the site, and are expressed in Euros.
7.2 The sales prices referred to in the previous point include VAT and any other tax. Shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the order is sent 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 expressly indicated and marked on the site with the words “FREE” and “SALE”.
7.4 The Consumer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen for his order at the time of sending the order. Payment methods accepted: Credit card/PostePay; PayPal; Bank transfer; Apple Pay; Google Pay.
7.6 All orders are payable in Euros, taxes and mandatory contributions included. Any bank charges will be borne exclusively by the Consumer (even in the case of reimbursement). The bank transfer must be made within 10 (ten) days of the order, - after which the order will be automatically cancelled with simultaneous communication to the Consumer via automatic email.
7.7 The ownership of the products ordered will remain with the Seller until the Consumer has paid in full the entire amount of the order, including shipping costs, taxes and other mandatory contributions (where applicable). All orders, before being processed, are subjected to authenticity checks directly by the credit card issuing institutions of reference, to protect the Customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically cancelled and the sale resolved pursuant to art. 1456 of the Civil Code. The Customer will be informed via automatic communication via e-mail.
7.8 Communications relating to the payment and the data communicated by the Customer at the time this is carried out take place on special protected lines and with all the guarantees ensured by the use of the 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 in its electronic catalog, with the fastest possible updates, the available and unavailable products, as well as a quote for taking charge of the order.
8.2 If the products in the order are not available, the Seller must promptly notify the Customer. In this case, the Seller will have no obligation to deliver the goods ordered, unless the Seller has assumed the procurement risk in relation to the products that make up the order in question. In any case, if the products ordered are not available, the Seller will notify the Customer to propose a replacement for the unavailable products and, in the event of refusal by the Customer, the Seller will refund the Customer any price already paid for the unavailable products.
8.3 The Seller's system will confirm the registration of the order as soon as possible by sending the Consumer a summary email, pursuant to point 3.6.
9. EU AND EXTRA EU ORDERS
9.1 For Customers residing in the EU and EXTRA-EU for whom shipping is foreseen, prices may be converted into their own currency. Shipping costs are calculated based on the country of origin. Any customs charges will be charged directly to the Customer at the time of order check-out or subsequently directly by the Courier.
9.2 For the withdrawal of orders shipped to the EU and EXTRA-EU, €50.00 will be retained from the refund as a flat-rate refund of customs and shipping costs. €50.00 will always be retained in the event of failure to collect the package in the cases referred to in art. 16.
9.3 For anything not expressly indicated in this paragraph, please refer to the other contractual clauses.
10. SELLER'S RESPONSIBILITY
10.1 The Seller assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances.
10.2 The Seller shall not be held liable towards the Consumer, except in the case of wilful misconduct or gross negligence, for any disservices or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.
10.3 In the event of a disruption attributable to the carrier, the Consumer must send a report to the Seller who will proceed with appropriate contacts with the Carrier. In the event of loss of the package or other eventualities that determine a failed or incorrect delivery, the Seller, in agreement with the Consumer, will proceed either to the refund or to a new shipment of the order.
10.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment for the products purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.
11. WARRANTIES AND ASSISTANCE METHODS
11.1 Pursuant to Legislative Decree 206/05 (Italian law), the Seller is responsible for any lack of conformity that becomes apparent within 2 (two) years (24 months) from delivery of the goods, reporting the defect to the Seller within two months of discovery. To benefit from warranty assistance, the Customer must keep the invoice.
11.2 In any case, unless proven otherwise, it is presumed that any defects of conformity which become apparent within 1 year (12 months) of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.
11.3 In the event of a lack of conformity, the Consumer may request, alternatively and without charge, under the conditions indicated 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 excessively onerous for the Seller. Products that show obvious signs of tampering or faults caused by their improper use or by external agents not attributable to manufacturing faults and/or defects are not covered by the warranty.
11.4 The request must be sent in writing, via email to help@charmaly.com to the Seller; in the report it is appropriate to describe the defect, also through photographs and videos, as well as indicate the date of discovery of the defect itself. The Seller will notify the Consumer - if he is willing to proceed with the request - or the reasons that prevent him from doing so - within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Consumer's request, he must indicate the shipping or return methods of the goods as well as the expected deadline for the return or replacement of the defective goods.
12. SELLER'S OBLIGATIONS FOR DEFECTIVE PRODUCTS, PROOF OF DAMAGE AND COMPENSATORY DAMAGES
12.1 The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product with a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
12.2 No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and was voluntarily exposed to it. Likewise, the Seller cannot be held liable for defects resulting from bad and/or incorrect use of the purchased goods, external causes (for example impacts, falls, etc.), carelessness and improper use.
12.3 In any case, the injured party must prove the defect, the damage and the causal connection between the defect and the damage, including through descriptions, photographs and means available to the injured party.
13. CONSUMER OBLIGATIONS
13.1 The Consumer undertakes to pay the price of the purchased goods within the times and methods indicated in this contract.
13.2 The Consumer undertakes, once the online purchase procedure has been completed, to print and keep this contract received via email and attached to the purchase order confirmation.
13.3 The information contained in this contract has, moreover, already been viewed and accepted by the Consumer – who acknowledges this – before the purchase confirmation, through electronic procedures.
14. RIGHT OF WITHDRAWAL
14.1 In accordance with the provisions of the Italian Consumer Code, the Consumer may, within 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any guarantee seal or simply opening and/or damaging the external packaging itself.
14.2 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for by art. 59 of the Consumer Code remain unchanged. In particular, the right of withdrawal is excluded for goods sold "made to measure" or clearly personalized and in the event that the sales service concerns the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery (art. 59 letter e) Consumer Code).
14.3 Pursuant to Article 57, paragraph 1 of the Consumer Code, the return costs will be borne exclusively by the Consumer. Until the package is delivered to the Seller, the responsibility and custody of the same falls on the Consumer. Any loss or damage to the same may have consequences on the refund.
14.4 Please also remember that parcels sent at the recipient's expense will not be accepted.
14.5 The Seller will refund the customer the full amount already paid for the product (excluding shipping costs and any customs duties) within 14 days of receiving 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 for appropriate checks, in any case no later than 30 days from the date of receipt of the return form.
14.6 Shipping costs and any customs duties will not be refunded. In addition, if the order included gadgets and free products, including "free samples", if they are not returned, € 5.00 will be deducted from the refund.
14.7 The Consumer and/or the recipient of the order must compulsorily complete and sign the following return form and send it to the email resi@charmaly.com
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, in conditions such that they can be put back on the market (see the exclusion grounds referred to in point 14.2). If the returned products do not have the characteristics indicated above, the return will not be accepted and the package will be sent back to the Consumer.
14.9 Returns of products will not be accepted beyond the legal deadline for withdrawal and contractual termination.
15. TERMINATION OF THE CONTRACT
15.1 If one Party is in breach of any of the obligations set forth in this contract towards the other, the other Party may request its termination pursuant to articles 1453 and following of the Italian Civil Code, without prejudice in any case to the right to compensation for damages.
15.2 Pursuant to art. 1456 of the Civil Code, the party intending to avail itself of the resolution must notify the other party by sending a certified email, indicating the reason; the effects of the resolution shall run from the date of receipt of the resolution communication resulting from the return notice to the withdrawing Party and the Consumer shall have the exclusive right to the refund of any sum already paid.
16. FAILURE TO COLLECT THE PACKAGE – TERMINATION OF THE CONTRACT
16.1 Given that the collection of the product is a specific obligation of the Customer, at the time of entrusting the order to the chosen courier, the Seller will send a specific email with which he will inform the Consumer of the imminent delivery, also via the shipping link. The status of the order placed and the tracking link can always be consulted also by accessing your personal area.
16.2 The courier will make a first delivery attempt on the date indicated by the tracking, in the event of a failed delivery, it will proceed with a second attempt, unless corrections and changes to the address are needed, which the Consumer will have to make.
16.3 Once the second unsuccessful delivery attempt has been made, the package will be stored at the Courier within the time limit established and indicated on the tracking page itself. Depending on the Courier, the release of the storage may occur by contacting them directly or by contacting the Seller's Customer Service.
16.4 Once the storage period has elapsed, the order will be returned to the Seller and the Seller will notify the Consumer of this, who may request that it be shipped again at his own expense within and no later than 5 days of receiving the communication.
16.5 If in this case too the order is not claimed, the Seller will communicate that the contract will be automatically terminated and will proceed to refund the sum paid by the Consumer and to dismantle the package within and no later than 30 days from the communication sent.
16.6 If the Seller is unable to refund the price paid due to the incompatibility of the payment method used for the purchase with an automatic credit, the Seller will ask the Consumer to indicate the bank details on which he 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 will send it to the Consumer's contact details. With the issuance of the voucher, the Consumer will have no further claims against the Seller.
17. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF CONSUMER DATA
17.1 The Seller protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation set out in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
17.2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the methods established by the Privacy Policy of the site and by the specific information.
18. COMMUNICATIONS AND COMPLAINTS – ODR PLATFORM
18.1 Written communications addressed to the Seller and any complaints will be taken into consideration only if sent by email to help@charmaly.com
The Consumer undertakes to indicate in the text of the email his/her residence or domicile, telephone number and e-mail address to which he/she wishes the Seller's communications to be sent.
18.2 In the event of a dispute between the Seller and the Consumer, the Seller hereby guarantees that it will participate in the attempt at amicable conciliation that the Consumer may request from RisolviOnline, an institutional and independent service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which offers the possibility of reaching a satisfactory agreement, with the assistance of an impartial and competent arbitrator, in a friendly and secure manner on the Internet. For more information on the RisolviOnline regulations or to send a request for conciliation, visit the website www.risolvionline.com .
18.3 Pursuant to art. 14 of European Regulation 524/2013, the Seller informs the Consumer that in the event of a dispute, he may submit a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link https://ec.europa.eu/consumers/odr/
The Seller, in any case, invites the Consumer to send an email to help@charmaly.com to directly resolve any type of issue.
19. APPLICABLE LAW AND JURISDICTION
19.1 The Conditions of Sale and any purchase contract concluded between the Seller and the Consumer pursuant to these Conditions of Sale shall be governed by and construed in accordance with Italian law and, in particular, the Italian Consumer Code, with specific reference to the legislation on distance contracts, and Italian Legislative Decree no. 70 of 9 April 2003, on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the country of residence of the Consumer shall not be affected.
19.2 If the conciliation attempt pursuant to the previous articles is not adhered to or the attempt is unsuccessful, the dispute will be devolved to the exclusive jurisdiction of the court of the place of residence or domicile of the Consumer, if the latter resides or is domiciled in Italy, or of the court of Milan, Italy, if the Consumer resides elsewhere.
19.3 If any provision of this online sales contract is held to be invalid, void or unenforceable for any reason, such provision shall be deemed severed and shall not affect the validity and enforceability of any other provision.
20. LANGUAGE OF THE CONDITIONS
20.1 The Conditions of Sale are published on the Site in Italian and English. In the event of a discrepancy between the Italian version and any other version, the Consumer accepts that the Italian version of the Conditions of Sale shall prevail.