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Terms & Conditions B2B
GENERAL TERMS AND CONDITIONS OF SALE
(e-commerce Business to Business)
GENERAL PROVISIONS
These General Terms and Conditions of Sale (hereinafter, "GTC") govern the contractual relationship between FORMULATOR SAMPLE SHOP S.R.L. (Tax Code and VAT No.: 09966700966 – Business Register No.: MI - 2125170), certified email: formulatorsampleshop@pec.it, with registered office in MILAN (MI) (20146), Via Washington 83, represented by its legal representative pro tempore (hereinafter, "COMPANY") and the Customers, identified based on the data provided by them during the REGISTRATION PROCEDURE and/or the CONCLUSION PROCEDURE (hereinafter, "CUSTOMERS"), concerning the PRODUCTS offered for sale by the COMPANY through its e-commerce SYSTEM, whose Home Page is accessible at the following URL: http://www.formulatorsampleshop.eu (hereinafter, the "SITE").
SCOPE OF APPLICATION
This document contains the General Terms and Conditions of Sale (GTC) applicable exclusively to BUSINESS TO BUSINESS (so-called "BtoB") COMMERCIAL RELATIONSHIPS, established between the COMPANY and the CUSTOMERS who declare their intention to conclude the CONTRACT not as "consumers" but within the scope of their professional, business, or artisanal activity and who are residents within the European Community.
In this regard, the CUSTOMER:
i. assumes all responsibility for the accuracy, completeness, and truthfulness of their declarations and choices,
ii. acknowledges that the application of the GTC is conditional upon the strict and essential requirement that this subjective criterion indeed applies to the CUSTOMER.
If the declarations provided by the CUSTOMER are found to be untrue, the COMPANY reserves the right to take any necessary action to protect its interests.
It is expressly excluded that the GTC apply to BUSINESS TO CONSUMER COMMERCIAL RELATIONSHIPS, established between the COMPANY and the CUSTOMERS who declare their intention to conclude the Contract outside their professional, business, or artisanal activity.
The GTC will not apply, among other things, if the CUSTOMER does not intend to provide a VAT number or place the order on behalf of a business (individual or company or other), or behaves - even implicitly or indirectly - in a manner inconsistent with the conduct of business/professional activity, as it must be considered that such request or behavior implies the intention to conclude the contract within their professional activity.
The SITE does allow for BUSINESS TO CONSUMER commercial transactions; such transactions are governed by the specific General Terms and Conditions of Sale present on the SITE.
If the CUSTOMER does not have a registered office in an EU country, the COMPANY reserves the right - at its sole discretion and without any negative consequences - to refuse the order.
PRODUCTS COVERED BY THE GTC
PRODUCTS COVERED BY THE GTC
The PRODUCTS covered by the GTC are safe products. Improper, careless, and incorrect use may pose risks to the health of people and animals. It is advisable to keep the products out of the reach of children. Note that the products may cause allergies or reactions even when used correctly. Exercise caution when using the products. For external use only.
The PRODUCTS must be used responsibly, with respect for individuals and the environment, and always in the presence of an adult. The products purchased should be used exclusively in a consistent and proper manner within the scope of the CLIENT’s business/professional activity.
ART. 1 - DEFINITIONS
1.1 For the correct interpretation and application of the GTC, the following definitions are provided, to be supplemented with those applicable under current legislation:
- Acceptance : the activity of the COMPANY, by which confirmation is given to the CUSTOMER of the receipt of the ORDER, along with other information and documentation required by law.
- Reserved Area: an area of the SITE, accessible only by completing the LOG IN procedure using the AUTHENTICATION CREDENTIALS, where it is possible to conclude the CONTRACT.
- Personal Account : a set of information related to the CUSTOMER and consultable by the CUSTOMER in the RESERVED AREA.
- Cart : a virtual space where the PRODUCTS selected by the CUSTOMER for purchase can be added and removed. The contents of the CART, finally approved by the CUSTOMER, form part of the ORDER FORM.
- Customer: a natural or legal person, with a registered office in Italy or within the EU, identified following the REGISTRATION PROCEDURE, who intends to purchase PRODUCTS on the SITE within their professional activity. The CUSTOMER may also have a registered office in non-EU countries, subject to the provisions in the "SCOPE OF APPLICATION" section.
- General Terms and Conditions of Sale: this document containing the general conditions under which the COMPANY sells PRODUCTS to CUSTOMERS through the SITE.
- Package: the sealed container in which the PRODUCTS are enclosed.
- Contract: a set of documents governing the contractual relationship between the COMPANY and the CUSTOMER concerning the purchase of one or more PRODUCTS through the SITE.
- Authentication Credentials: tools consisting of USER ID and PASSWORD, obtained upon completion of the REGISTRATION PROCEDURE, necessary to LOG IN to access the RESERVED AREA.
- Registration Form: a form to be filled out to complete the registration procedure.
- Packaging: the container shipped to the CUSTOMER containing the PRODUCTS and the related CONTRACT documentation.
- Privacy Notice for Conclusion: Information provided under Art. 13 of EU Regulation 679/2016 ("GDPR") by the COMPANY, as the Data Controller of the data collected during the product purchase procedure.
- Privacy Notice for Registration: Information provided under Art. 13 of EU Regulation 679/2016 ("GDPR") by the COMPANY, as the Data Controller of the data collected during the REGISTRATION PROCEDURE to obtain credentials and access to the reserved area.
- Order Form: the definitive set of information related to the PRODUCTS that the CUSTOMER intends to purchase.
- Checkout Procedure: the final phase of the purchase procedure, in which the final verifications and choices are made by the CUSTOMER before concluding the CONTRACT and sending the ORDER FORM.
- Password: a component of the AUTHENTICATION CREDENTIALS necessary, together with the USER ID, to access the RESERVED AREA.
- Contract Conclusion Procedure: a set of activities carried out by the CUSTOMER - interacting with the SITE - and by the COMPANY - also through the SYSTEM automatically - aimed at concluding the CONTRACT for the sale of PRODUCTS.
- Registration Procedure: an activity whereby the CUSTOMER provides a series of information to the COMPANY by filling out the form on the SITE to proceed with registration and the possible purchase of PRODUCTS.
- Products: raw materials intended for the composition of cosmetic formulations, made by third-party Partners of the COMPANY and marketed by the COMPANY through the SITE.
- Professionista: A subject who operates within the scope of business, artisanal, or professional activity and is not a CONSUMER.
- E-commerce Service: The activity of electronic commerce, aimed at Customers who declare their intention to conclude the CONTRACT not as "consumers" but within the scope of their professional, business, or artisanal activity.
- System: A set of hardware and software structures, owned by or legitimately available to the COMPANY, through which the SERVICE is provided.
- Site: The COMPANY's website, whose HP is accessible at the URL: http://www.formulatorsampleshop.eu, through which the COMPANY sells the PRODUCTS.
- Company or supplier: A subject that sells its partner's PRODUCTS through the SITE, according to the general terms and conditions set forth in the GTC; specifically referring to Formulator Sample Shop S.r.l., as identified at the beginning of the GTC.
- User ID: A component of the AUTHENTICATION CREDENTIALS required, along with the PASSWORD, to access the RESERVED AREA.
- Registered User: A SITE user who has successfully completed the REGISTRATION PROCEDURE.
- Unregistered User: A SITE user who has not registered on the SITE through the REGISTRATION PROCEDURE.
ART. 2 - CONTRACT STRUCTURE
2.1 At the end of the CONTRACT CONCLUSION PROCEDURE, the CONTRACT, governing the relationship between the COMPANY and the CUSTOMER, shall consist of the following documents:
i. order form and related confirmation,
ii. GTC, accepted by the CUSTOMER during the CONTRACT CONCLUSION PROCEDURE,
iii. information and PRODUCT documents during the REGISTRATION PROCEDURE, if carried out,
iv. information and PRODUCT documents during the CONTRACT CONCLUSION PROCEDURE
v. Privacy Notice accepted by the CUSTOMER during the REGISTRATION PROCEDURE.
ART. 3 - CONTRACT SUBJECT
3.1 The CONTRACT shall concern the sale of PRODUCTS through the SITE.
3.2 The PRODUCTS are prepared by the COMPANY's partners and distributed by the COMPANY through the SITE.
3.3 The images displayed on the SITE are to be considered purely illustrative and may not correspond to the actual PRODUCT delivered. The SITE contains a brief and simple description of the PRODUCT and its characteristics.
3.4 Through the descriptions and characteristics of the PRODUCTS indicated on the SITE, the COMPANY does not intend to provide any consulting activity. The SITE provides descriptions of individual PRODUCTS regarding their main features, properties, and correct use.
3.5 The prices of each PRODUCT are indicated on the product sheet of each of them and may be subject to updating or modification at any time by the COMPANY. The CUSTOMER is required to verify the price of the selected PRODUCTS before proceeding with the purchase. The price may be determined based on the quantity of PRODUCT (weight, capacity, packaging type) chosen by the CUSTOMER. The price published at the time of the CONTRACT conclusion shall prevail. The final price, including any taxes/duties and delivery costs, will be indicated during the purchase procedure and, in any case, before sending the final order.
3.6 The amount related to shipping costs, if borne by the CUSTOMER, will be indicated during the purchase procedure and, in any case, before sending the ORDER.
ART. 4 - REGISTRATION PROCEDURE
4.1 The REGISTRATION PROCEDURE, in compliance with the SYSTEM requirements, does not prejudice the possibility of viewing the PRODUCTS.
4.2 The conclusion of the REGISTRATION PROCEDURE is a necessary and obligatory condition to access the CONTRACT CONCLUSION PROCEDURE and the subsequent submission of the ORDER. Once the CUSTOMER has registered, it will no longer be necessary to register for subsequent purchases after the first one, as it will be necessary only to LOG IN by accessing their RESERVED AREA using their AUTHENTICATION CREDENTIALS.
4.3 The REGISTRATION PROCEDURE can be carried out independently and at a different time - provided it is prior - to the CONTRACT CONCLUSION PROCEDURE, or during the same.
4.4 The REGISTRATION PROCEDURE consists of the following activities:
i. Completion of the REGISTRATION FORM,
ii. Viewing and acceptance of the "PRIVACY POLICY" by ticking the relevant box,
iii. Submission of the requested data, in compliance with the SYSTEM requirements.
4.5 The SYSTEM is set up to:
i. Automatically verify, as far as possible, the accuracy of the entered data,
ii. Allow the CUSTOMER to verify and correct the entered data before submission,
iii. Prevent submission in case of:
a) Errors or non-completion of mandatory fields,
b) Failure to tick the box regarding viewing and acceptance of the Privacy Policy.
4.6 The conclusion of the REGISTRATION PROCEDURE will enable the REGISTERED USER to LOG IN and, if desired, complete the CONTRACT CONCLUSION PROCEDURE by placing an order.
4.7 During the REGISTRATION PROCEDURE, the USER must create their AUTHENTICATION CREDENTIALS, which must be used to LOG IN, necessary to access the final phase of the CONTRACT CONCLUSION PROCEDURE.
4.8 The AUTHENTICATION CREDENTIALS consist of a USER ID and a password. The USER ID will be the user's email address. Once the data collected through the REGISTRATION FORM is submitted, the SYSTEM will send an email to the email address provided by the USER to verify the functionality of the provided email address, containing a link to complete the REGISTRATION PROCEDURE.
4.9 The CUSTOMER is responsible for keeping the CREDENTIALS with the utmost care and confidentiality and shall be liable for any unauthorized or improper use thereof.
ART. 5 - CONTRACT CONCLUSION PROCEDURE
5.1 The CONTRACT will be concluded when the CUSTOMER considers the CART to be definitively filled with the selected PRODUCTS and can then proceed with the CHECKOUT PROCEDURE.
5.2 The CHECKOUT PROCEDURE will involve reviewing the contents of the CART, any modification, addition, deletion of PRODUCTS, or correction of errors.
5.3 If the USER is already registered, they must LOG IN and continue the CHECKOUT procedure in the RESERVED AREA.
5.4 If the USER is not yet registered, they will need to complete the REGISTRATION PROCEDURE first. Once the REGISTRATION PROCEDURE is completed, they can access the RESERVED AREA to continue with the CHECKOUT PROCEDURE.
5.5 The CONTRACT CONCLUSION PROCEDURE, after completing the CHECKOUT PROCEDURE, will occur as described in Art. 11.
5.6 The CONTRACT will be deemed concluded when the CUSTOMER submits the ORDER FORM at the end of the CONTRACT CONCLUSION PROCEDURE. The submission of the ORDER will be considered conclusive behavior capable of binding the CUSTOMER, as a manifestation of definitive and determined will regarding the data contained in the REGISTRATION FORM, the purchased PRODUCTS, and the acceptance of the GTC and any other referenced document.
ART. 6 - CUSTOMER'S OBLIGATIONS, DECLARATIONS, AND RIGHTS
6.1 The CUSTOMER undertakes to execute the CONTRACT in accordance with the principles of good faith, loyalty, and fairness. The CUSTOMER expressly declares that the purchase is not made as a CONSUMER, but within and consistently with their own entrepreneurial or professional activity.
6.2 The data provided by the CUSTOMER is under their exclusive responsibility and is presumed to be true, correct, complete, and up-to-date; the CUSTOMER acknowledges and accepts that no verification burden is imposed on the COMPANY regarding the data. The CUSTOMER is responsible for the accuracy, completeness, truthfulness, updating, and authenticity of the data entered in the REGISTRATION FORM and in the CONCLUSION FORM and undertakes to keep them up to date, providing the COMPANY with any changes. This implies, among other things, that, in the absence of the aforementioned timely communication, the CUSTOMER cannot raise objections asserting the incorrectness, incompleteness, truthfulness, updating, or authenticity of the data voluntarily provided by them and, therefore, used in good faith by the COMPANY.
6.3 The CUSTOMER acknowledges that the conclusion of the CONTRACT - which occurs when the ORDER FORM is submitted - implies the obligation to pay the amounts indicated on the summary page, accepted and confirmed.
6.4 The CUSTOMER acknowledges and fully accepts that the COMPANY will dispatch the purchased PRODUCTS only when the payment has been successfully processed. The successful outcome of the payment transaction will be considered verified when the amount due is fully and definitively credited to the COMPANY's bank account. If payment is not made within 15 (fifteen) days from the submission of the ORDER, the latter will be deemed withdrawn, with consequent release from any obligation on the part of the COMPANY, without prejudice to the latter's right to return the PRODUCTS or claim damages.
6.5 If the CUSTOMER intends to exercise the right of withdrawal provided for in Article 19, they undertake not to damage the PRODUCT and the packaging or adopt behaviors that may compromise its characteristics or integrity, even without opening the packaging, and to return them according to the methods provided by the GTC, taking all necessary precautions to avoid damage.
6.6 The CUSTOMER is aware that the GTC and all specific regulations provided for based on the status of "professional" are applicable on the essential assumption of the truthfulness of the statements made based on the fact that the purchase of the PRODUCTS is not made as a CONSUMER but with specific reference to entrepreneurial, professional, or artisanal activities.
6.7 The CUSTOMER is responsible for the custody and proper use of the AUTHENTICATION CREDENTIALS, undertakes to keep them protected, confidential, not to share or disclose them, and to use them only for lawful purposes. In case of abusive, unlawful, unauthorized access, or loss, they must promptly notify the COMPANY. The CUSTOMER will be held responsible towards the COMPANY and its successors for any unauthorized or improper use of the AUTHENTICATION CREDENTIALS until they have made the aforementioned communication.
6.8 The CUSTOMER acknowledges and fully accepts that the SYSTEM provides the following ways of expressing and sending their own and the counterparty's will:
a) Selection of a checkbox,
b) So-called "Check box" on a button positioned at the end of the procedure, expressly recognizing full validity and effectiveness, for all legal purposes, regarding the contents and purposes of binding them.
6.9 The CUSTOMER acknowledges and fully accepts that the delivery times of the PRODUCTS are merely indicative, depending on the activities of third parties, over which the COMPANY has no control. Moreover, especially concerning deliveries to specific destinations, the timing may vary also due to any checks carried out by the relevant Authorities. In this regard, the CUSTOMER expressly declares that if such situations were to occur, they will not hold the COMPANY responsible for delays or any detrimental consequences that may result from non-delivery or delayed delivery.
6.10 The CUSTOMER acknowledges and fully accepts that the results of their SYSTEM, the COMPANY's SYSTEM, or that of third parties, or other similar documentation attesting to specific actions taken by the CUSTOMER themselves during browsing, relevant to determining the content of the CONTRACT or in any case related to it, may be used as evidence in favor of the COMPANY.
6.11 The CUSTOMER undertakes to provide a correct, valid, and functioning email address during the REGISTRATION PROCEDURE - which will be subject to verification - within their competence or otherwise under their control. They agree to keep this information updated and to promptly inform the COMPANY of any changes. The CUSTOMER authorizes the COMPANY to send any communication related to the execution of the CONTRACT to this email address. The CUSTOMER acknowledges and accepts that the COMPANY will have properly fulfilled its obligations once it has sent communications to the aforementioned email address.
6.12 The CUSTOMER undertakes to provide a correct physical address to which the PRODUCTS must be delivered, within their competence or otherwise under their control. They agree to keep this information updated and to promptly inform the COMPANY of any changes. The CUSTOMER authorizes the COMPANY to send the PRODUCTS subject to the ORDER to this address. The CUSTOMER acknowledges and accepts that the COMPANY will have properly fulfilled its obligations once it has sent the PRODUCTS to the aforementioned address and cannot hold the COMPANY responsible for any consequences that may occur to the CUSTOMER related to the use of such references.
6.13 The CUSTOMER undertakes to use the PRODUCTS exclusively for lawful purposes and within their business, professional, or artisanal activity, with specific exclusion of any use, even partial or indirect, for personal/private purposes.
6.14 The CUSTOMER will use the PRODUCTS independently, at their own sole risk and peril, based on their experience and under their control, considering the information provided by the COMPANY as purely informative and lacking specificity regarding individual purchases. The CUSTOMER is fully responsible for the aforementioned use, including towards property and third parties, animals, and the environment. In particular, the CUSTOMER will ensure that the PRODUCTS are not used by individuals lacking sufficient experience, minors, or those with health characteristics that may be even minimally incompatible or detrimental to their use, inhalation, or contact.
6.15 ALTHOUGH THE PRODUCTS ARE CONSIDERED SAFE ACCORDING TO CURRENT REGULATIONS, INCLUDING HEALTH REGULATIONS, THE CUSTOMER MUST TAKE EVERY PRECAUTION AND CARE UNDER THEIR EXCLUSIVE RESPONSIBILITY REGARDING THE PURCHASE AND USE OF THE PRODUCTS, EVEN BY THIRD PARTIES OR MINORS.
6.16 The CUSTOMER is solely responsible for any activity that may be carried out with the PRODUCTS, both within their structure and externally, including the possible commercialization of the PRODUCTS themselves or goods resulting from the processing of the PRODUCTS or their integration with other elements or substances.
6.17 The CUSTOMER declares to be aware of the current regulations concerning the PRODUCTS, including safety aspects, and to have the necessary competence, professionalism, experience, resources, organizational, economic, and financial capacity for every evaluation and related activity (for example: processing, storage, etc.).
6.18 With the conclusion of the CONTRACT, the CUSTOMER acknowledges that the individual who operated at the terminal and interacted with the SYSTEM was expressly authorized to do so. Consequently, they acknowledge their activity and undertake to fulfill every obligation arising from it.
ART.7 - OBLIGATIONS, STATEMENTS, AND RESPONSIBILITIES OF THE COMPANY
7.1 The COMPANY undertakes to execute the CONTRACT in accordance with the principles of good faith, loyalty, and fairness.
7.2 The COMPANY undertakes to keep the information provided in articles 8.1, 9.1, and 12.1 updated.
7.3 The COMPANY undertakes to promptly notify any event or circumstance that may compromise or delay delivery, upon becoming aware of it.
7.4 The COMPANY's liability is expressly excluded in the event it has acted based on the declarations/information/data provided by the CUSTOMER.
7.5 Subject to any actions against the carrier, the COMPANY cannot be held responsible for damages occurring during shipments, thefts, losses of the shipment, or delays in delivery.
7.6 No responsibility shall be attributed to the COMPANY or its successors, either partially or indirectly, for any consequences of any nature that may arise for the CUSTOMER or third parties from improper use of the PRODUCTS, inadequate, imprudent, superficial, or negligent use by the CUSTOMER themselves or by third parties.
7.7 The COMPANY cannot be held liable for damages to the CUSTOMER, third parties, animals, goods of the CUSTOMER or of THIRD PARTIES, the environment, of any nature, direct or indirect, resulting from the purchase of the PRODUCTS, their use, and any other possible activity carried out by the CUSTOMER.
9.1 With specific reference to pre-contractual information, the COMPANY provides the following information.
12.2 The GTC proposed to the service recipient are made available in a way that allows for storage and reproduction. This is achieved by providing a specific link to the "General Terms and Conditions of Sale" text through which access to the GTC text, in a non-modifiable ".pdf" format, is possible, enabling it to be stored and reproduced.
7.7 The COMPANY cannot be held liable for damages to the CUSTOMER, third parties, animals, goods of the CUSTOMER or of THIRD PARTIES, the environment, of any nature, direct or indirect, resulting from the purchase of the PRODUCTS, their use, and any other possible activity carried out by the CUSTOMER.
| Name / Company Name | Formulator Sample Shop S.r.l. |
|---|---|
| Registered Office | Milan (MI) (20146), Via Washington 83 |
| Details enabling quick contact with the Provider and effective direct communication with them, including the email address. | |
| Phone | +39 02 90278641 |
| Fax | +39 02 90360718 |
| info@formulatorsampleshop.eu | |
| PEC | formulatorsampleshop@pec.it |
| Registration Number in the Economic Activities Register (REA) | MI - 2125170 |
| VAT Number | (IT) 09966700966 |
| Tax Code | 09966700966 |
| Clear and unambiguous indication of the prices and rates of the various services provided by the information society, highlighting whether they include taxes, delivery costs, and other additional specified elements. | The total price, including taxes, of each PRODUCT is indicated on its respective PAGE. The relevant applicable taxes, in case of exemption, are automatically deducted and indicated where the PRODUCT is added to the CART. Delivery costs are indicated both on the CART display page and on the CHECKOUT page and vary depending on the destination, total weight of the PRODUCTS, and required delivery times. In any case, the applicable delivery costs for each transaction are expressly indicated before submitting the ORDER. Delivery costs - as determined based on the "Shipping and Delivery" page - will be borne by the CUSTOMER, except in cases where the COMPANY has expressly and previously agreed to bear them (e.g., in the case of promotions, discounts that the COMPANY reserves the right to apply, generally or specifically). |
ART.8 - MANDATORY INFORMATION PURSUANT TO LEGISLATIVE DECREE NO. 70/2003, ON ELECTRONIC COMMERCE
8.1 With specific reference to the mandatory general information, pursuant to art. 7 of Legislative Decree 09.04.2003, no. 70, the COMPANY, as the "Provider" of the information society service provided through the WEBSITE, provides the following information.
ART.9 - PRE-CONTRACTUAL INFORMATION
| Name / Company Name | Formulator Sample Shop S.r.l. |
|---|---|
| Registered Office | Milan (MI) (20146), Via San Maurilio, n. 13 |
| Details enabling quick contact with the Professional and effective communication with them | Phone number: +39 02 90278641 Fax number: +39 02 90360718 Email address / PEC: info@formulatorsampleshop.eu / formulatorsampleshop@pec.it |
| Complaints Office (if different from above) | Physical address: Milan (MI) (20146), Via San Maurilio, n. 13 PEC: formulatorsampleshop@pec.it |
| Total price of goods or services including taxes, additional shipping, delivery, or postage costs and any other costs or, if such costs cannot reasonably be calculated in advance, indication that such costs may be charged to the CUSTOMER | The total price, taxes included, of each PRODUCT is indicated on its respective CARD. The applicable taxes, in case of exemption, are automatically deducted and indicated where the PRODUCT is included in the CART. Delivery costs are indicated both within the CART display page and on the CHECK OUT page. In any case, the delivery costs applicable in concrete for each transaction are expressly indicated before the ORDER is sent. Delivery costs – as determined based on what is indicated on the "Shipping and Delivery" page – will be borne by the CUSTOMER, except in cases where the COMPANY has expressly and previously agreed to bear them (e.g., in the case of promotions or discounts). |
| Payment methods | Accepted payment methods are indicated in art.16. |
| Delivery and execution methods, the date by which the SUPPLIER undertakes to deliver the goods | Delivery and execution methods, the date by which the COMPANY undertakes to deliver the goods are generally indicated on the CART display page and vary depending on the destination, also in relation to the subject to which they are charged. In any case, the delivery times indicated before the Order is sent, as predictable as they may be, must be considered merely indicative. |
| Complaints management policy | The COMPANY's complaints management policy is indicated in art. 27. |
ART.10 INFORMATION REGARDING THE RIGHT OF WITHDRAWAL
10.1 The CUSTOMER may exercise the right of withdrawal exclusively in the cases, under the conditions, and according to the methods and deadlines expressly indicated in the General Conditions of Sale (GCS).
10.2 The CUSTOMER acknowledges and accepts, authorizing the COMPANY from now on, that in case of exercising the right of withdrawal, the COMPANY reserves the right to withhold the amounts that should be refunded until it has received the returned PRODUCTS and after 3 (three) working days necessary to verify the integrity as provided for in article 21.6. In this regard, in case the COMPANY deems that the packaging or the content are not intact according to what is provided for in article 21.6, the CUSTOMER also acknowledges and accepts that the amount paid may be withheld by the COMPANY as a partial payment for any further damage suffered.
ART.11 - CONCLUSION PROCEDURE
11.1 Through the CONCLUSION PROCEDURE, the CUSTOMER, after completing the CHECK OUT PROCEDURE, will conclude the CONTRACT with the COMPANY for the sale of the PRODUCTS, as selected in the CART.
11.2 In order to carry out the CONCLUSION PROCEDURE, it is necessary to have previously completed the REGISTRATION PROCEDURE.
11.3 The CONCLUSION PROCEDURE is accessible exclusively in the RESERVED AREA, following LOG IN.
11.4 The CONCLUSION PROCEDURE consists of the following activities:
i. choice of payment method,
ii. verification of data for billing and shipping indicated in the CONCLUSION FORM,
iii. reading and acceptance of the PRIVACY POLICY, by ticking the appropriate box
iv. reading and acceptance of the GCS, by ticking the appropriate box,
v. reading and acceptance of clauses specifically referred to under articles 1341 and 1342 of the Civil Code, by ticking the appropriate box.
11.5 At any time, the contents of the CART can be viewed through a summary screen, which shows the selected PRODUCTS, unit price, quantity, and subtotal. From this screen, it is possible to modify the quantity of each selected PRODUCT, delete a selected PRODUCT, and update the subtotal by clicking on the "Update Cart" button.
11.6 At any time during the CONCLUSION PROCEDURE and, in any case, before the final submission of the ORDER FORM, the SYSTEM allows for modification, correction, deletion, or updating of PRODUCTS or data entered.
11.7 At the end of the activities indicated in the previous point 11.4, by selecting the relevant button, the SYSTEM will automatically create the ORDER FORM, based on the information voluntarily provided by the CUSTOMER during the previous interaction with the SYSTEM ITSELF.
11.8 The ORDER FORM will contain all the relevant information for the conclusion of the CONTRACT, including, in particular:
i. the list of selected PRODUCTS (with their respective quantities, number of packages, etc.),
ii. subtotals for each PRODUCT,
iii. taxes, where applicable,
iv. shipping costs and delivery times,
v. the chosen payment method,
vi. billing details.
11.9 At the bottom of the page containing the ORDER FORM, there will be an additional "CHECK OUT" button that must be clicked for the final confirmation of the ORDER FORM and its submission.
11.10 By selecting the aforementioned button, it will be deemed that the CUSTOMER has verified and definitively accepted all the data reported in the ORDER FORM, and the ORDER FORM will be sent to the SUPPLIER, thereby representing the CUSTOMER's manifestation of contractual will.
11.11 As soon as the ORDER FORM is received, the COMPANY will send a message to the CUSTOMER without undue delay and electronically, confirming the receipt of the ORDER. This message will be sent to the email address provided by the CUSTOMER during the REGISTRATION PROCEDURE.
11.12 The SYSTEM is set up to:
i. verify, as far as possible, the correctness of the data entered,
ii. allow the USER to verify and correct the data entered before submission,
iii. prevent submission in case of:
a) errors or non-completion of mandatory fields,
b) failure to tick the box regarding the reading of the PRIVACY POLICY,
c) failure to tick the box regarding the reading and acceptance of the GCS,
d) failure to tick the box regarding the reference to clauses specifically referred to under articles 1341 and 1342 of the Civil Code.
ART.12 - INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT, PURSUANT TO ARTICLE 12 OF LEGISLATIVE DECREE NO. 70/2003
12.1 With specific reference to the information directed to the conclusion of the contract, pursuant to Article 12 of Legislative Decree No. 70/2003 of April 9, 2003, the COMPANY, in its capacity as the "Provider," shall provide, clearly, understandably, and unambiguously, before the submission of the order by the recipient of the service, the following information:
| Obligations |
|---|
| Any specific informational obligations are indicated in the datasheets of individual products to which they refer. |
| Identity of the Supplier and, in the case of contracts involving prepayment, the Supplier's Address |
|---|
| Formulator Sample S.r.l., Milan (MI) (20146), Via San Maurilio, No. 13 |
| Essential Characteristics of the Goods |
|---|
| The essential characteristics of the PRODUCTS are indicated in the datasheet of each one, accessible during browsing on the WEBSITE. |
| Price of the Good, Including All Taxes or Duties |
|---|
| The price of each PRODUCT is indicated in its respective datasheet, inclusive of any taxes or duties. The total price is always visible by accessing the CART. The final total price of the order, including any taxes or duties, is indicated in the CONCLUSION PROCEDURE of the Contract, based on the choices made by the CLIENT. |
| Delivery Charges |
|---|
| The delivery charges for each order are indicated in the CONCLUSION PROCEDURE of the Contract, based on the choices made by the CLIENT. |
| Payment Method, Delivery Method of the Goods |
|---|
| The payment methods accepted by the PROVIDER, as described in article 16, are indicated to the CLIENT during the CONCLUSION PROCEDURE, allowing them to make the respective choice. The delivery and shipping methods of the PRODUCTS chosen by the PROVIDER are described in the document "Shipments and Delivery". During the CONCLUSION PROCEDURE, by filling in the required fields, the CLIENT can make the respective choice. |
| Right of Withdrawal |
|---|
| The right of withdrawal can be exercised exclusively in accordance with what is provided for in article 10. |
| Duration of the Validity of the Offer and of the Price (if applicable) |
|---|
| Any terms of validity of promotions/discounts/vouchers, etc., are promptly communicated to the recipients, in areas accessible to them and with the tools chosen by them to be informed. |
| Indication of the Technical Steps to Follow for the Conclusion of the Contract |
|---|
| The steps for the conclusion of the CONTRACT are indicated in article 11. |
| The Manner in Which the Contract |
|---|
| The SYSTEM provides for sending an order confirmation email. Attached to this communication will be a link to the text of the GTC and the ORDER FORM. The text of the GTC will also be made available in non-editable .pdf format at the end of the CONCLUSION PROCEDURE, with the possibility of downloading, viewing, printing, and storing it. All related documentation will be archived by the COMPANY in accordance with the law. At any time and in compliance with the retention periods prescribed by law, the CLIENT may request access to it and obtain a copy, which will be made available to the CLIENT at the COMPANY's headquarters. The COMPANY may fulfill the request by sending an electronic copy of the documentation. With reference to different forms of access (such as paper copy and/or postal delivery), the COMPANY reserves the right to charge and/or make the fulfillment subject, in whole or in part, to the payment of the related costs or a contribution, quantified at a flat rate of €10.00. |
| The Technical Means Made Available to the Recipient to Identify and Correct Data Entry Errors; Before Sending the Order to the Provider |
|---|
| At any time during browsing to fill the CART and, in any case, before sending the ORDER FORM, the possibility is given to verify the contents of the CART and proceed with any changes. |
| Any Codes of Conduct to Which It Adheres and How to Access Them Electronically |
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| - |
| Languages Available to Conclude the Contract in Addition to Italian |
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| English see art.29 |
12.2 The GTC proposed to the service recipient are made available in a way that allows for storage and reproduction. This is achieved by providing a specific link to the "General Terms and Conditions of Sale" text through which access to the GTC text, in a non-modifiable ".pdf" format, is possible, enabling it to be stored and reproduced.
ART.13 - INFORMATION ON ORDER TRANSMISSION, PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE NO. 70/2003
13.1 With specific reference to information on order transmission, pursuant to Article 13 of Legislative Decree No. 70/2003, along with the confirmation of the receipt of the ORDER, the following information will be provided:
i. A summary of the general and specific conditions applicable to the contract (this will occur by transmitting an attachment to the email containing a link to the text of the GTC and the ORDER FORM accepted in a non-modifiable .pdf format),
ii. Information regarding the essential characteristics of the PRODUCTS and indication of the price, payment methods
iii. Indication of delivery costs and applicable taxes (specified in the ORDER FORM),
iv. In case bank transfer has been chosen as the payment method, instructions for making the payment will be provided.
13.2 The order and the receipt are considered received when the parties to which they are addressed have the possibility to access them (or when they arrive at the server of the recipient of the communication, regardless of the actual opening or reading of the message).
ART.14 - FORMAL REQUIREMENTS OF THE CONTRACT
14.1 The GTC are made available in a non-modifiable .pdf format before sending the ORDER FORM through a specific link that allows consultation, saving, and printing.
14.2 The CONTRACT is concluded electronically; from its conclusion, the CLIENT is obliged to pay the consideration quantified based on the chosen PRODUCTS, in addition to taxes and shipping costs.
14.3 In any case, the CART can be modified at any time, and before submission, the CLIENT can verify it. With the possibility of previewing the ORDER FORM before submission, the opportunity to verify the content of the CART, the costs of the selected PRODUCTS, and the shipping costs are also allowed.
14.4 The payment methods accepted by the COMPANY and the billing methods are indicated in Article 16 GTC.
14.5 The COMPANY provides the CLIENT with confirmation of the CONTRACT by sending a specific email.
ART.15 - ORDER FULFILLMENT, POSSIBLE PRODUCT UNAVAILABILITY, SHIPPING AND DELIVERY COSTS
15.1 Orders will be processed with different timing, depending on the payment method chosen by the CLIENT, as provided for in Article 16.
15.2 If the CLIENT has chosen the instruments indicated in point i. of Article 16.2, the order will be processed as soon as the transaction is authorized, with the consequent crediting of the amount due.
15.3 If the CLIENT has chosen the instruments indicated in point ii. of Article 16.2, regardless of sending a copy of the bank transfer order, the order will be processed as soon as the entire amount is credited to the COMPANY's bank account. In the case of partial payment, the order will not be processed until the full amount due is paid.
15.4 In exceptional cases, regardless of what is indicated in Articles 15.2 and 15.3, it is possible that, once the order has been processed, all or some PRODUCTS are not available in stock.
15.5 In such cases, the COMPANY will inform the CLIENT, also indicating the possible and indicative shipping times. If this period should exceed 30 (thirty) days from the date of order dispatch, the CLIENT, without prejudice to the possibility of exercising the right of withdrawal in relation to the entire order in accordance with Articles 19 and following, may withdraw within 14 (fourteen) days from receiving the communication of the preceding paragraph, limited to the unavailable products, by sending specific written communication to the COMPANY. The provisions of Articles 19 and following apply, as applicable and compatible.
15.6 If the CLIENT timely exercises the withdrawal under Article 15.5 limited to the unavailable products, the COMPANY reserves the right to:
i. issue a discount voucher in favor of the CLIENT equal to the amount spent on the unavailable products, which must be used by the CLIENT within 6 (six) months from the date of purchase;
ii. refund the amount paid by the CLIENT for the unavailable products
unless the CLIENT expressly requested the refund of the amount in the communication under Article 15.5, last paragraph.
ART.16 - ACCEPTED PAYMENT METHODS AND BILLING METHODS
16.1 Payments are processed through platforms that guarantee the highest security standards (Gestpay or similar), protecting against the risk of fraud by using appropriate protocols (e.g., 3D Secure).
16.2 The payment methods accepted by the COMPANY are:
i. credit card, prepaid card, PayPal account,
ii. bank transfer.
16.3 In the case referred to in Article 16.2.i, payment will be managed through the intermediary's platform. The CLIENT's payment details will not be communicated to the COMPANY in any way. Payment will be considered successful only after authorization by the intermediary and the subsequent actual crediting of the entire amount due.
16.4 In the case referred to in Article 16.2.ii, the CLIENT must proceed to make the bank transfer, following the instructions that will be contained in the order confirmation email as per Article 11.11. Once the bank transfer is made and subject to the definitive crediting of the entire amount, the CLIENT must send a copy of the bank transfer order to the COMPANY (at the email address: info@formulatorsampleshop.eu) for administrative purposes.
16.5 At the same time as issuing the shipping documents, the COMPANY will issue the corresponding tax document, which will be sent in advance via email in a non-modifiable .pdf format if requested by the CLIENT and sent in paper format together with the PRODUCT. By concluding the CONTRACT, the CLIENT authorizes the COMPANY to use this transmission method, expressly relieving it from sending the analog document. In any case, it is specified that this document must be considered an analog document and, as such, must be printed and retained. This document will serve as proof of purchase for warranty purposes, without prejudice to what is provided by law and the GTC. If the CLIENT is based in Italy, the legislation relating to electronic invoicing will apply.
ART.17 - LEGAL WARRANTY OF CONFORMITY FOR GOODS
17.1 The COMPANY only offers high-quality PRODUCTS for sale.
17.2 The PRODUCTS are supplied by third-party suppliers carefully selected by the COMPANY.
17.3 For each PRODUCT, a Sheet is provided on the WEBSITE, including a brief description of the main features and a photograph, provided solely for advertising purposes and not descriptive, but which may not correspond to the exact reality. In the package delivered with the PRODUCT, only upon explicit request by the CLIENT, the SHEETS of each PRODUCT are provided, together with their characteristics, methods of use, storage, precautions, contraindications.
17.4 The PRODUCTS are subject to legal guarantees, in accordance with the provisions of the civil code regarding sales (art. 1490 c.c.).
17.5 Legal guarantees are subject to the conditions, terms, and assumptions provided by the respective regulations.
17.6 The warranty is subject to full compliance with the prescribed instructions (regarding purposes, timing, and methods of use and storage, as indicated on the PRODUCT label) and possession of the document referred to in Article 16.5.
17.7 In the case of PRODUCTS subject to expiry, the warranty will be provided only if the first use is made before that date.
17.8 In the case of PRODUCTS for which specific storage methods are prescribed, the warranty, even within the expiry date, is subject to the strict and complete maintenance of the packaging in which the PRODUCT is shipped.
ART.18 - AFTER-SALES SERVICE, COMMERCIAL GUARANTEES
18.1 The COMPANY has activated an after-sales service, which can be used through the contacts available on the WEBSITE.
18.2 The COMPANY reserves the right to apply additional commercial guarantees in addition to those provided for in Article 17 and current regulations, giving prior notice. The commercial guarantees, for their applicability, must be included or integrated into the respective contractual documents.
ART.19 - RIGHT OF WITHDRAWAL
19.1 The right of withdrawal consists of the possibility granted to the CLIENT to withdraw from the CONTRACT, exclusively in the cases, according to the methods, and under the conditions specified below.
19.2 The right of withdrawal may be exercised in the following cases:
i. in cases provided for in Article 15.5, limited to products not immediately available,
ii. in the case of unavailability of products under Articles 15.4 and 15.5, in relation to all or part of the order.
19.3 In the event that the circumstances referred to in Article 19.2 arise, the CLIENT has a period of 14 (fourteen) days to withdraw from the CONTRACT, without having to provide any justification and without incurring costs other than those provided for in Article 21.3 and Article 22.
19.4 The withdrawal period referred to in Article 19.3 ends after 14 (fourteen) days from the receipt of the communication referred to in Article 15.5.
19.5 The burden of proof regarding the correct exercise (assumptions, conditions, etc.) and timely exercise of the right of withdrawal in accordance with the legal provisions and the General Terms and Conditions lies with the CLIENT.
ART.20 - EXERCISE OF THE RIGHT OF WITHDRAWAL PROCEDURE
20.1 Before the expiry of the fixed mandatory and essential period for exercising the right of withdrawal, as identified in Article 19.3, the CLIENT informs the COMPANY of their decision to exercise the right of withdrawal from the contract.
20.2 To this end, the CLIENT must, under penalty of forfeiture:
i. send an explicit statement of their decision to withdraw from the CONTRACT, by registered mail with return receipt or P.E.C. (Certified Email),
ii. indicate in the statement referred to in point i, the references to the ORDER FORM, to the fiscal document relating to the payment
iii. analytically indicate the PRODUCT(S) for which they intend to exercise the right of withdrawal.
20.3 The CLIENT has exercised their right of withdrawal timely and correctly if the communication regarding the exercise of the right of withdrawal is sent by the CLIENT before the expiry of the deadline referred to in Article 19.2 and if they have properly completed the withdrawal communication, providing the necessary information as required by Article 20.2. Different withdrawal communications will not be considered valid.
20.4 The burden of proof regarding the exercise of the right of withdrawal lies with the CLIENT.
20.5 It is a necessary and essential condition for exercising the right of withdrawal – limited to the hypothesis referred to in Article 19.2.ii – the integrity of the PRODUCTS received for which the right of withdrawal is intended, of the original packaging, and of all documentation (e.g., technical, administrative, and commercial) relating to the PRODUCT(S) to be returned and which are not damaged or altered, even minimally. Additionally, copies of the ORDER FORM, payment receipt, and carrier-delivered transport document must be attached to the communication referred to in Article 20.2. Compliance with this condition will be verified upon timely receipt of the returned PRODUCTS. Failure to comply will automatically result in forfeiture of the right to withdraw.
20.6 The communication referred to in Article 20.2 must be sent exclusively by registered mail with return receipt to the following address:
Formulator Sample Shop S.r.l.
Via Petrolo Litta n.9
20008 Bareggio (MI) - Italy
or to the following PEC address:
formulatorsampleshop@pec.it
20.7 Alternatively to the method referred to in Article 20.6, the CLIENT may send the aforementioned communication, within the same deadline, also by fax (+39 0290278641) or email (info@formulatorsampleshop.eu) provided that it is confirmed by registered mail with return receipt or P.E.C. within the following 48 hours. In case of failure to timely send the confirmation according to the prescribed methods, the CLIENT will be deemed to have forfeited the right of withdrawal.
20.8 Upon receipt of the communication referred to in Articles 20.6 or 20.7, the COMPANY will provide a RAN (Return Authorization Number) which the CLIENT must indicate as the reason for the return shipment of the goods they intend to return.
20.9 The correct exercise of the right of withdrawal as provided for in this article terminates the parties' obligations to perform the distance contract. In the event that one or both parties have already fulfilled their obligations, the following provisions must be observed.
20.10 The PRODUCT(S) to be returned must be in perfect condition and must be returned in the original packaging complete in every part. The eventual opening of the packaging, even without use, the use, even partial, or for testing automatically implies the impossibility of exercising the right of withdrawal.
ART.21 - COMPANY'S OBLIGATIONS IN CASE OF WITHDRAWAL
21.1 In response to the correct and timely exercise of the right of withdrawal, the COMPANY refunds all payments received from the CLIENT, limited to those relating to the PRODUCTS for which the right of withdrawal has been exercised, possibly including delivery costs (if incurred by the CLIENT), without undue delay and in any case within 14 (fourteen) days from the day on which it is informed of the CLIENT's decision to withdraw from the contract under Article 20.2, subject to Article 21.6. The refund of delivery costs incurred by the CLIENT is in any case limited to those relating to the cheapest option, regardless of the option actually chosen by the CLIENT.
21.2 The COMPANY, after notifying the CLIENT, makes the refund referred to in Article 21.1 using the same payment method used by the CLIENT for the initial transaction.
21.3 The refund does not include the costs related to the return of the PRODUCTS, which are solely borne by the CLIENT. The COMPANY is not obligated to refund additional costs if the CLIENT has expressly chosen a delivery method other than the least expensive option offered by the COMPANY.
21.4 The COMPANY cannot be held responsible for any delays in crediting the refund that depend on the payment system management used by the CLIENT, the banking institution of either party, or, in any case, for reasons not attributable to it.
21.5 Unless it has offered to collect the goods itself, the COMPANY may withhold the refund until it has received the goods or until the CLIENT has provided evidence of having returned the goods, whichever occurs first.
21.6 In any case, considering the responsibility imposed on the CLIENT by the applicable regulations and these General Terms and Conditions, the COMPANY reserves the right to assess the integrity of the returned items (packaging and content) and to take any appropriate actions in case of any damages. If the packaging and/or content are damaged, or if the COMPANY finds that the packaging has been opened or the PRODUCT has been used, even minimally or for testing purposes, it will notify the CLIENT and resend the PRODUCTS to the CLIENT, withholding part or all of the amounts received as an advance for any additional damage and charging the additional costs of the second shipment.
ART.22 - CLIENT'S OBLIGATIONS IN CASE OF WITHDRAWAL
22.1 Unless the COMPANY has offered to collect the goods itself, the CLIENT must return the PRODUCT(S) to the COMPANY or to a third party authorized in writing by the COMPANY to receive the goods, without undue delay and in any case within 14 (fourteen) days from the date on which they communicated their decision to withdraw from the contract under Article 20. The return must be made using the same method chosen for delivery.
22.2 The deadline is met if the CLIENT returns the goods before the expiry of the 14 (fourteen) day period as identified above.
22.3 All costs related to the return of the goods are solely and fully borne by the CLIENT, unless the COMPANY has previously stated in writing that it intends to bear, in whole or in part, the related costs.
22.4 The CLIENT is responsible for any decrease in the value of the goods resulting from the opening of the sealed packaging or from handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the goods.
22.5 The COMPANY reserves the right to hold the CLIENT liable for any damages suffered by:
a) the content of the packaging, as provided for in Articles 23.9 and 23.10,
b) the content of the package in case of tampering with the packaging or failure to promptly report it, as provided for in Articles 23.10 and 23.11.
22.6 Except as provided in these General Terms and Conditions or under applicable law, the exercise of the right of withdrawal does not entail any liability for the CLIENT.
22.7 In order to avoid incurring the liabilities provided for in this article, upon receiving the PRODUCT(S), the CLIENT must take all necessary precautions regarding the opening of the packaging and the subsequent preparation of suitable and adequate packaging and the selection of a competent and professional carrier for the return.
22.8 The risk of returning the goods lies with the CLIENT and in favor of the COMPANY, without prejudice to any actions against the carrier. In this regard, the CLIENT is invited to ensure, at their sole and full expense, the PRODUCT(S) to be returned for a value at least equal to that indicated in the order confirmation email. The choice of carrier for the return shall be made by the CLIENT, who shall be responsible towards the COMPANY for cases of damage, theft, or loss of the PRODUCTS. In the event that the PRODUCTS have been damaged during transportation, the COMPANY will promptly notify the CLIENT, typically within 2 (two) working days from the date of receipt at the address indicated above, to enable them to promptly report the incident to the courier chosen by them and obtain reimbursement for the value of the item (if insured). In this case, the PRODUCTS will be made available to the CLIENT for return, and simultaneously the withdrawal request will be canceled, as the COMPANY cannot dispose of the PRODUCT. The COMPANY reserves the right to charge, in whole or in part, the related shipping costs.
22.9 The PRODUCTS to be returned must arrive with all packaging intact. The shipment should be sent to:
Formulator Sample Shop S.r.l.
Via Petrolo Litta N.9
20146 Bareggio (MI) – ITALY.
ART. 23 - DELIVERY AND ACCEPTANCE OF GOODS. NON-COLLECTION AND STORAGE
23.1 The PRODUCTS are sent via the COMPANY's trusted courier.
23.2 Delivery times vary depending on the destination and the chosen method or timing, where possible, and the weight of the package. The shipment (understood as the delivery of the package containing the PRODUCTS to the carrier) will be notified by email to the address provided at the time of registration.
23.3 Transport costs are, unless otherwise indicated by the COMPANY prior to the conclusion of the CONTRACT, charged according to the shipping rates in force at the time of the order.
23.4 The COMPANY has fulfilled its obligation by delivering the PRODUCTS to the carrier. The COMPANY is not responsible for any delays, failures, or conduct of the carrier.
23.5 In the event that it is not possible to deliver the PRODUCTS, the package will be held by the courier for a period of 3 (three) working days. The carrier will immediately notify the COMPANY of the non-delivery, also providing the CLIENT, if possible, with information regarding the options, methods, and timing for collection. The COMPANY may further notify the CLIENT - at the email address provided at the time of registration - that the delivery was unsuccessful and that the package is available for collection at the courier's warehouses, providing the relevant information, timing, methods, and deadlines for collection. The CLIENT must promptly arrange - at their own expense - for the collection of the PRODUCTS, in accordance with the specified timing and methods. The parcel will remain available to the CLIENT free of charge at the carrier's warehouses for the aforementioned 3 (three) days from the notified non-delivery. If this deadline expires without action, the package will be returned to the COMPANY, which will settle the charges with the courier, assess the condition of the goods, especially perishable items, and notify the CLIENT by email. In this case, the CONTRACT shall be deemed terminated by the CLIENT's exclusive action.
23.6 The COMPANY will then refund the amount paid by the CLIENT, net of any charges incurred in accordance with Article 23.5, without prejudice to the right to compensation for damages. The refund will be made, if possible, within 30 (thirty) working days from the notification under Article 23.5, last paragraph.
23.7 Without prejudice to compensation for further damages, the COMPANY reserves the right to apply a penalty to the CLIENT, equal to 25% (twenty-five percent) of the remainder, with a maximum of Euro 30.00 (thirty euros/00) as reimbursement for handling costs. The penalty will be automatically deducted from the amount to be refunded in accordance with Article 23.6.
23.8 Upon receipt of the package by the carrier, the CLIENT - or the authorized party, if any - must immediately check the condition and integrity of the packaging. If any damage or other issues requiring dispute are observed, in order to allow the COMPANY to assert its rights against the carrier, a formal and specific written complaint must be promptly raised with the carrier and signed, with timely written notification also sent via PEC or registered mail to the COMPANY within the essential deadline of 2 (two) days from delivery. The complaint must include references to the order and a description of the contested items. In the communication to the COMPANY, the CLIENT must also provide references to the ORDER FORM and the payment document, attaching copies of the relevant documents and a photo of the packaging.
23.9 In the event of non-compliance with the provisions of Article 23.8, the CLIENT may not raise against the COMPANY any claims or any defects, tampering, or faults that may be found on the PRODUCTS contained in the packaging or on the packaging itself. Furthermore, the COMPANY reserves the right to hold the CLIENT fully responsible for any adverse consequences resulting from the inability to contest damages to the carrier due to the CLIENT's failure to timely and correctly contest, as provided in Article 23.8.
23.10 If, upon opening the packaging, the CLIENT discovers accidental damage to the packaging containing the PRODUCTS, they must - within the essential and binding deadline of 2 (two) days from delivery - inform the COMPANY, by sending a registered letter with acknowledgment of receipt or via PEC, indicating mandatory:
i. the order and invoice references,
ii. the code of the PRODUCT contained in the damaged packaging,
iii. a brief description of the observed damage, attaching a photo of the packaging, the packaging itself, and the PRODUCTS.
23.11 The COMPANY will contact the CLIENT to resolve the matter. Complaints reported belatedly will not be accepted.
ART. 24 - ERROR IN DELIVERY – DAMAGED GOODS
24.1 Notwithstanding what is provided regarding the right of withdrawal, if the CLIENT, upon opening the package, notices that the contents of the package do not correspond - either wholly or partially - (in terms of type of PRODUCT, number of packages, or quantity) to what was ordered, they must, under penalty of forfeiture, immediately notify the COMPANY within the essential deadline of 2 (two) working days from delivery, by registered letter with acknowledgment of receipt / PEC, providing:
i. the references to the ORDER FORM and the document certifying the payment made,
ii. the code of the incorrect PRODUCTS indicated on the label affixed to the PRODUCT and the respective quantity,
iii. the code of the missing PRODUCTS indicated on the receipt and the respective quantity,
iv. a brief description of the delivery error,
v. a photo of the PRODUCT/S.
24.2 Upon receipt of the communication referred to in Article 24.1, the COMPANY may confirm this to the CLIENT.
24.3 In the event of non-delivery of the PRODUCTS indicated in the order, the COMPANY reserves the right, depending on the circumstances, to:
i. issue a discount voucher to the CLIENT equal to the amount spent, which must be used by the CLIENT within 6 (six) months from the date of purchase,
ii. refund the amount paid by the CLIENT,
iii. subject to any verifications, proceed with the shipment of the missing goods unless the CLIENT has expressly requested the refund in the communication referred to in Article 24.1.
24.4 In the event of delivery of incorrect PRODUCTS, the COMPANY reserves the right, depending on the circumstances, to:
i. collect the PRODUCT/S at its own expense, according to the methods and timing it will indicate to the CLIENT, while simultaneously making a new delivery of the ordered items,
ii. collect the PRODUCT/S at its own expense, according to the methods and timing it will indicate to the CLIENT, and proceed to refund the amount paid by the CLIENT unless the CLIENT has expressly requested the refund in the communication referred to in Article 24.1.
24.5 The COMPANY will not accept complaints sent beyond the deadline specified in Article 24.1, or lacking the information as indicated in Article 24.1.
ART. 25 - LIABILITY
25.1 The COMPANY cannot under any circumstances be held responsible for the consequences suffered by the CLIENT or third parties, resulting from the total or partial non-performance by third parties (e.g., the manufacturers or suppliers of the PRODUCTS) or from the cancellation of orders placed by the CLIENT.
25.2 The COMPANY cannot in any case be held liable for damages to the CLIENT, to third parties, to the CLIENT's or third parties' animals or property, caused by the use of the PRODUCTS, by their improper use (reckless, non-compliant, negligent).
25.3 The CLIENT is required to scrupulously observe what is indicated on the packaging, in the instructional leaflets, in the technical and safety data sheets, paying particular attention to safety regulations, storage conditions, and compliance with the product's expiration date, as well as the diligence and expertise required for the use of the PRODUCTS.
25.4 Without prejudice to the CLIENT's duty to be informed and their competence and experience, in case of doubt regarding the use or storage of the product, the CLIENT can immediately contact customer service by phone (+39 0290278641) or by email (info@formulatorsampleshop.eu).
25.5 For fulfilled orders, the COMPANY's responsibility ceases at the time of delivery of the goods to the carrier.
25.6 It is the CLIENT's responsibility to collect the goods as soon as possible. The CLIENT assumes all responsibility for incorrect, insufficient delivery instructions or failure to comply with them. In the event of theft, loss, or damage to the goods due to non-compliance established by the CLIENT, they will assume full responsibility towards the COMPANY.
ART. 26 - COMPLAINTS
26.1 Except as provided in the T&C, if the CLIENT wishes to file a complaint or requires assistance, they must adhere to the following provisions.
26.2 Each complaint must, under penalty of forfeiture:
i. be submitted within the essential and mandatory deadline of 2 (two) working days from the occurrence of the event subject to the complaint,
ii. include a description of the event that gave rise to the complaint and any charges against the COMPANY,
iii. provide references to the order form, invoice, and transport document,
iv. be sent by registered mail with acknowledgment of receipt or PEC.
26.3 Upon receipt of the complaint, the COMPANY will acknowledge the communication by opening a ticket and confirming it to the CLIENT. The COMPANY will conduct an investigation into the case and inform the CLIENT of its findings.
26.4 The possibility of submitting a complaint and the ability to handle it do not imply automatic liability or obligation on the part of the COMPANY, nor do they waive specific legal requirements imposed on the CLIENT by the applicable legal system.
ART. 27 - PERSONAL DATA PROCESSING
27.1 Personal data collected upon conclusion of the CONTRACT will be processed by the COMPANY, as the DATA CONTROLLER, in compliance with the regulations on the processing of personal data.
27.2 The DATA CONTROLLER provides the information pursuant to Art. 13 of the GDPR Regulation (EU) 679/2016 ("GDPR”) regarding the processing of data collected upon conclusion of the CONTRACT, through a specific document made available to the Data Subject before sending the ORDER FORM. The viewing and acceptance of the INFORMATION is represented by the conclusive behavior of selecting the specific checkbox.
27.3 Where necessary, consent from the Data Subject will be collected through specific forms, and the expression of consent is represented by the conclusive act of selecting the specific consent checkbox, if provided.
27.4 The SYSTEM is set up to prevent the submission of the ORDER FORM without checking the appropriate checkbox regarding the viewing and acceptance of the PRIVACY POLICY INFORMATION.
27.5 By signing the CONTRACT, the CLIENT declares that they have informed the individuals within their organization who are required to provide their personal data to the COMPANY in relation to the processing to be carried out in execution of the CONTRACT. The CLIENT also declares that they have obtained all necessary authorizations from such individuals and will indemnify and hold the COMPANY harmless from any claims or demands that may arise from such individuals or third parties in this regard.
ART. 28 - JURISDICTION, APPLICABLE LAW, AND COMPETENT COURT
28.1 The T&C are governed by Italian law.
28.2 Any dispute concerning the interpretation, application, and execution of these T&C:
i. shall be submitted to the Italian judicial authority,
ii. shall be under the exclusive jurisdiction of the Milan Court.
28.3 Notwithstanding what is provided for in Article 28.2, the COMPANY may decide to bring actions concerning the interpretation, application, and execution of the T&C before:
i. the jurisdiction of the CLIENT's registered office,
ii. the competent judge based on the CLIENT's registered office.
ART. 29 - LANGUAGE
29.1 The official language of the T&C is Italian.
29.2 The COMPANY reserves the right to provide the T&C, online documentation, and any other information related to the T&C and the PRODUCTS in English or other languages.
29.3 In case of discrepancies, the Italian version shall prevail over any other version that may be adopted.
ART. 30 - AMENDMENTS AND UPDATES
30.1 The COMPANY reserves the right to modify the T&C by publishing the new version on the WEBSITE. It is the responsibility of the CLIENT to frequently review the WEBSITE to identify any updates to the published documentation.
30.2 The new T&C shall apply with reference to ORDERS submitted after the date of their publication.
In accordance with Articles 1341 and 1342 of the Italian Civil Code, the following clauses are specifically referred to and approved in writing:
GENERAL PROVISIONS
SCOPE OF APPLICATION
REGISTRATION PROCEDURE (4.4, 4.5, 4.7, 4.8)
CONCLUSION OF THE CONTRACT PROCEDURE (5.2, 5.5, 5.6)
CLIENT'S OBLIGATIONS, DECLARATIONS, RESPONSIBILITIES, AND RIGHTS (6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18)
COMPANY'S OBLIGATIONS, DECLARATIONS, RESPONSIBILITIES, AND RIGHTS (7.5, 7.6, 7.7)
CONCLUSION PROCEDURE (11.3, 11.4, 11.10, 11.13)
ORDER FULFILLMENT, PRODUCT UNAVAILABILITY, SHIPPING, AND DELIVERY COSTS (15.1, 15.2, 15.3, 15.3, 15.4, 15.5, 15.6)
ACCEPTED PAYMENT METHODS AND INVOICING PROCEDURES (16.3, 16.4, 16.5)
LEGAL WARRANTY OF CONFORMITY FOR GOODS (17.3, 17.4, 17.5, 17.6, 17.7, 17.8)
POST-SALE, COMMERCIAL WARRANTIES (18.2, 18.3)
EXERCISE OF THE RIGHT OF WITHDRAWAL PROCEDURE (20.1, 20.2, 20.3, 20.4, 20.5, 20.7, 20.10)
COMPANY'S OBLIGATIONS IN CASE OF WITHDRAWAL (21.3, 21.4, 21.5, 21.6)
CLIENT'S OBLIGATIONS IN CASE OF WITHDRAWAL (22.3, 22.4, 22.5, 22.7, 22.8)
DELIVERY AND ACCEPTANCE OF GOODS. FAILURE TO COLLECT AND STORAGE (23.1, 23.5, 23.6, 23.7, 23.8, 23.9, 23.10)
DELIVERY ERROR - DAMAGED GOODS (24.1, 24.5)
LIABILITY (25.1, 25.2, 25.3, 25.4, 25.5, 25.6)
COMPLAINTS (26.2, 26.4)
PERSONAL DATA PROCESSING (27.2, 27.3, 27.4, 27.5, 27.6)
JURISDICTION, APPLICABLE LAW, AND EXCLUSIVE COMPETENT COURT (28.1, 28.2, 28.3)
LANGUAGE (29.1, 29.2, 29.3)
Version published on 23/10/2017
Last update date 31/05/2024