1.1 The object of the current Terms and conditions is the online sale of products through the e-commerce service on the website www.espressoh.it
1.2 The owner of the website is B. Cosmetics SRL. (Espressoh), legal address: Strada Provinciale San Silvestro 13, Pescara 65129, VAT NUMBER 02212860684
2. THE CONTRACT
2.1 The purchase procedure is guided and explained in each phase to allow you to check and modify any errors whenever necessary before finalizing the order. We, therefore, ask you to pay attention to the various stages of the purchase procedure.
2.2 Upon completion of the order, you will receive a confirmation email, which, however, must not be considered as acceptance of the order. The latter will take place in the manner indicated in clause 2.3 below.
2.3 The acceptance of the order by ESPRESSOH will take place when we will send you the shipping confirmation. This latter notification implies that the contract between you and ESPRESSOH will be considered concluded.
2.4 In the event that your order is not accepted, ESPRESSOH will inform you in writing and will return the sum paid for the purchase. The lack of acceptance may depend on the lack of stock of the product, as a consequence of sudden and non-preventable reductions of the available resources, from the identification of an error in the price or in the product description or from the impossibility for ESPRESSOH to respect the delivery date indicated at the time order. In any case, ESPRESSOH reserves the right not to accept an order for any reason.
2.5 An identification number will be assigned to your order, which will be communicated to you upon acceptance of the order. This will allow us to assist you whenever you contact us with reference to the order.
2.6 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these Terms and Conditions.
ESPRESSOH asks the customer to enter the necessary data for the purchase, such as name, surname, billing address, shipping address, e-mail address and telephone number.
2.7 The sale of products on the website www.espressoh.it is aimed at adult customers. If you are under 18 you must first have the consent of one of your parents or a legal guardian to be able to purchase on the www.espressoh.it site. By placing an order through this website, we guarantee that you are over 18 years of age and have the legal capacity to enter into binding contracts.
2.8 The Customer is forbidden to enter false names, and/or invented in the online ordering procedure and in further communications. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
2.9 By accepting these Terms and Conditions, moreover, you exonerate the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by you when placing the online order, being you, as a customer, the only responsible for their correct insertion
3. THE PRODUCTS
3.1 The images of the products on our website are for illustrative purposes only. Although Espressoh constantly adopts measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer you are using. As a consequence, the Seller will not be responsible for the possible inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
3.2 In case of difference between the image and the product description, please refer to the product description.
4. SALES PRICES
4.1 All prices of products and shipping costs indicated on the site www.espressoh.it, as well as those listed in the order confirmation are to be considered VAT included (Italian taxes are applied) unless otherwise stated in writing. The validity of the indicated prices is always and only the one indicated by the website at the time of purchase and relative confirmation of the order. Product prices and shipping and delivery costs may vary without notice. It is, therefore, necessary to ascertain the final sale price before submitting the relevant Order.
4.2 All orders are shipped directly from Italy. The prices of the Products and shipping costs indicated on the website and in the order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes, not previously calculable, if the shipment takes place in extra-UE countries or in countries where the current legislation provides for import charges.
4.3 These costs are therefore charged to the customer and must be paid directly upon delivery of the products.
5. METHODS OF PAYMENT
On www.espressoh.it you can pay in total security with Stripe or Paypal methods.
You can conveniently use credit cards, prepaid cards or bank accounts thanks to the methods offered.
5.1 Credit cards accepted: Visa, Mastercard, American Express
5.1.1 Espressoh accepts both credit card and prepaid card payments without any additional charge on the cost of the product and shipping. It is clearly necessary that the customer must own a valid credit card when placing an order online and that the name on the credit card must be the same indicated on the billing information. In the absence of such assumptions, it will not be possible to proceed with the order.
5.1.2 If, after receiving the ordered products, for any reason, you wish to use the Right of withdrawal, the Seller will instruct the bank to refund the amount directly on your credit card.
5.2.1 Espressoh offers customers who have a Paypal account the possibility to make payments using email and password with which they are registered on www.paypal.com. Paypal allows payment by credit cards, prepaid cards or through a bank account.
5.2.2 When checking-out and completing the purchase, the bank will only proceed with an authorization of the related amount from the availability of your credit card. The amount will actually be charged to your credit card only when the purchased products are shipped.
5.3 At no time during the purchase process Espressoh is able to know the information related to your credit card (for example, the credit card number or the date of its expiration), transmitted via a secure connection by encrypted protocol directly to the site of the institute who manages the electronic payment (bank or Paypal). No computerized archive of the Seller will keep such data.
5.4 In no case may the Seller be held responsible for any fraudulent and improper use of credit cards and prepaid cards by third parties.
6.1 Espressoh commits to ship orders without any delay and no later than 30 days after the conclusion of the contract, the delivery will be through tracked courier and timing vary depending upon final destination.
6.2 The timing indicated on our website have purely indicative value.
6.3 Espressoh delivers to all the countries indicated on our website and delivery occurs without prior appointment.
6.4 The products contained in the order will be sent to the delivery address specified in the order.
6.5 The Client will receive a confirmation e-mail when the order is shipped.
6.6 When the Client receives the products he must check:
a) That the package is not damaged or opened
b) That the number of products inside corresponds to the number of products in the order confirmation
If any of this occurs the Client must notify Espressoh through email email@example.com
7. DISCOUNT CODES
7.1 Any discount code can be used when checking out, the system will automatically change the value of the order.
7.2 Discount code are not cumulative unless expressly specified.
8. YOUR RIGHT TO TERMINATE A CONTRACT
8.1 Only if the Customer who signs the contract is a Consumer (meaning any physical person using the website for purposes unrelated to any business or professional activity), he will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and different from the Carrier, acquires physical possession of the goods. The term is considered respected if the Customer sends back the goods before the expiry of the 14-day period.
8.2 Should the conditions of clause 9.1 apply, the customer may terminate his contract with Espressoh. Your rights at the time of the conclusion of the contract will depend on the products purchased, any defects reported by them, the manner in which Espressoh is executing the contract and the moment the resolution is exercised:
8.2.1If what you have purchased is defective or incorrectly described, you may be entitled to terminate the contract.Espressoh's behavior, please refer to Clause 8.3;
8.2.3 If you have changed your mind about the product, please refer to clause 8.3. If you exercise the right within a certain period of time, you can obtain a refund of the amount paid, however the same could be subject to deductions and will be charged to you once you return the goods.
8.3 If you terminate the contract for a reason set out in paragraphs 8.3.1 to 8.3.5, the contract will be considered terminated immediately and we will fully refund the cost of products that have not been provided, together with any compensation. In particular, this will take place if you have received a communication regarding:
8.3.1 An imminent change to the product or to these Terms, which you do not intend to accept;
8.3.2 An error in the price or in the description of the product ordered and you do not wish to proceed with the purchase anyway;
8.3.3 The possibility that the delivery of products may be significantly delayed due to events beyond our control;
8.3.4 The suspension of the supply of products for technical reasons or the notification by us of the imminent suspension of the same for technical reasons, in any case for a period exceeding 30 days; or
8.3.5 Serious breach by Espressoh.
9. RETURNS AND CHANGES
9.1 Espressoh guarantees the quality of the products sold in its online store, however, if, for any reason, you wish to return your order or a part of it, we will be happy to accept the return within 14 days from the delivery date.
Our return/exchange policy implies compliance with certain conditions:
- The product must be intact and not used
- The tag must still be attached to the garment
- The product must not be damaged
In order to respect the hygienic conditions, products MUST NOT HAVE BEEN OPENED.
Espressoh, therefore, reserves the right to refuse returns of products that do not comply with the conditions.
9.2 In order to return a product the Client must inform Espressoh within 14 days from the delivery date sending an e-mail to firstname.lastname@example.org specifying order number and name on the order.
9.3 If the Client returns the products Espressoh will reimburse the total amount paid MINUS the shipping cost specified in the order.
9.4 A confirmation e-mail will be sent to you once we have processed the return and refunded the amount using the payment method selected by you. Reimbursement may be hold until Espressoh checks the conditions of the products returned.
9.5 Espressoh will not be liable for the cost of returning the products, i.e. shipping cost for returns are taken by the Client.
RETURNS MUST BE SENT TO:
STRADA PROVINCIALE SAN SILVESTRO 13
65129 PESCARA (PE), ITALY
10. OUR RIGHT TO TERMINATE A CONTRACT
10.1 Espressoh may terminate the contract at any time by contacting you in writing in the event that you do not provide, within a reasonable time from our request, the information necessary for us to provide you with the products.
11. USE OF PERSONAL DATA
12. USE OF THE WEBSITE
12.1 Registration, password and security. If you activate a Espressoh account, you will be responsible for maintaining the confidentiality of the password and username, as well as all the activities in which the same are used. Please inform us immediately, by e-mail at email@example.com, in case you discover or suspect unauthorized use of your password or username.
12.2 Your commitments
12.2.1 Confirmation that: (a) all information and details provided are true, accurate and updated in all their aspects. You can update or correct your personal data at any time by editing the details of the registered account; (b) will respect the restrictions on the use of the Website as set out in these Terms.
12.2.2 You agree not to: (a) use the Website for illegal purposes and not to interrupt, damage, alter or make the Website less effective; (B) access or attempt to access the accounts of other users and not to violate or attempt to violate the security measures of the Website.
12.2.3 You agree to indemnify Espressoh in the event that: (a) our company has to deal with a legal proceeding as a result of your violation of these Terms; and / or (b) You have acted negligently, inconsiderately or deliberately maliciously and Espressoh has suffered damages resulting from your use of the Website or any content that we have sent.
12.3 Recognized rights and reserved rights
12.3.1 We reserve the right to suspend, limit or terminate access to the Website or any part of it at any time without notice. We are committed to ensuring that the Website is always available but we do not guarantee the absence of interruptions or errors.
12.3.2 Espressoh is the owner or licensee of the Website design, text, graphics, and software. The use of the Website and its contents does not guarantee you any rights with respect to our intellectual property rights or the intellectual property of third parties with respect to it.
12.3.3 You may not copy, reproduce, republish, download, publish, transmit, register, exploit, modify, communicate to the public or distribute in any way the web pages or materials on the Website or the computer codes of the elements concerning the Website for use other than personal use. Therefore, non-relevant extracts of the content in question can be downloaded for viewing purposes, provided that no more than one copy of any information is made.
12.3.4 Any use other than that permitted can only be done with our prior and explicit consent.
12.4 Links to and from other websites
12.4.1 The link to our home page is permitted on condition that it is lawfully and lawfully carried out in such a way as not to damage or exploit our reputation or to suggest any form of association with or approval by Espressoh.
12.4.2 You may not modify the Website or create a link to any part of it other than the home page unless you provide written authorization (which we may revoke at any time).
12.4.3 Any links to third-party websites are provided for informational purposes only and do not constitute recognition by us of such sites. We have no control over its content and do not accept any responsibility in this regard or any loss or damage that may result from the use of these sites.
13. COMMUNICATIONS TO THE CUSTOMER
13.1 The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility to download the information on a durable medium in the ways and within the limits provided by the Site.
14. APPLICABLE LAW, SETTLEMENT OF DISPUTES AND JURISDICTION
14.1 These Terms and Conditions are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the Terms and Conditions are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rule of the country of habitual residence of the customer) and any disputes concerning and/or consequent to them must be resolved exclusively by the Italian judicial authority, as better specified below. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law or, at the consumer's choice in case of action taken by the consumer, by the Court of Pescara. If the Customer acts instead in the exercise of his business, commercial, craft or profession, the parties consensually establish the exclusive jurisdiction of the Court of Pescara.
14.2 Online platform for alternative dispute resolution (ODR). Given that Espressoh is always available to seek a friendly solution to the disputes that arose, through the direct contacts indicated in point 1), we inform our Customers that, according to article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, the European Commission set up an online platform for the settlement of online dispute resolution (ODR) disputes deriving from the purchase of online goods accessible at the following link: https: // web gate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, the Customer can consult the list of ODR bodies, find the link of each of them and start a procedure resolution of online disputes. Further information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
15. CHANGE AND UPDATE
15.1 The Seller may make changes or amendments to these Terms and Conditions at any time. Therefore, the Customer will only be required to accept the Terms and Conditions in effect at the time of its purchase. The new Terms and Conditions will be effective from the date of publication on the website www.espressoh.it and in relation to purchasing orders submitted after that date.