1. Subject matter
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the General Terms and Conditions) govern the purchase of Products made remotely via the internet from the NATIVIS.BEAUTY website (hereinafter referred to as the Website).
1.2. The owner of the NATIVIS. BEAUTY website is Smart Plus di Meneghel Elvio, with registered office in Via Vittorio Emanuele II, 13 – 20814 VAREDO (MB), registered with the Monza and Brianza Companies Register under number REA MB - 1859030, VAT number 03059820963.
2. Acceptance of the general terms and conditions of sale
2.1. All purchases of Products made through the Website (hereinafter, the Purchase Contracts) by users who access it (hereinafter, the Customers) are governed by these General Terms and Conditions as well as by the Italian Consumer Code (Legislative Decree No. 206/2005), Section II Distance Contracts (Articles 50 – 67) and Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding the Purchase Contracts, in accordance with the procedure, the Customer accepts and undertakes to comply with these General Terms and Conditions.
2.3. The Customer is therefore required to carefully read these General Terms and Conditions before making any purchase. NATIVIS.BEAUTY makes these available to the Customer for the purpose of allowing them to be reproduced and stored in accordance with the provisions of Article 12, paragraph 3 of Legislative Decree 70/2003.
2.4. NATIVIS.BEAUTY may modify the content of the General Terms and Conditions at any time and without notice. The General Terms and Conditions published on the Website at the time the Customer submits the purchase order shall apply to each individual Purchase Agreement.
3. Products
3.1. NATIVIS.BEAUTY (hereinafter referred to as the ‘Website’) is an online store selling food, cosmetics, beauty products for body care, make-up and related accessories, natural remedies and household cleaning products (hereinafter referred to as ‘Products’).
3.2. All Products offered are described in detail on the Website, in their respective sections, divided into Product categories.
3.3. The visual representation of the Products on the Website, where available, is indicative and normally corresponds to the photographic image of the Products themselves and is intended solely to present them for sale, without any guarantee or commitment on the part of NATIVIS. BEAUTY, regarding the exact correspondence of the image depicted on the Website with the actual Product; this applies in particular to the actual dimensions and/or colour aspects of the Products and/or packaging.
3.4. In the event of a difference between the image published on the Website and the actual image, the characteristics and descriptions in the product sheet shall always prevail.
4. Purchase procedure
4.1. The Customer may purchase the Products listed in the NATIVIS.BEAUTY electronic catalogue, which are described in detail on the Website in the respective sections by product category, as well as in the relevant information sheets contained on the Website, in accordance with the technical access procedures described therein.
4.2. To purchase Products, the Customer may register on the Website or make the purchase as a Guest; in any case, they must enter their personal details, following the instructions provided in the registration and payment procedure, which require the form to be completed and confirmed by clicking on the acceptance button. Purchase orders must be completed accurately in all parts. If the Customer does not wish to register on the Website, they may still complete the purchase procedure, but will not be able to check the status of their orders or take advantage of discounts and promotions. They will always be able to track the shipment of their order.
4.3. The Customer must place the selected Products in the appropriate ‘Shopping Cart’ and, after choosing the courier and viewing and accepting the delivery costs, may proceed with the purchase.
4.4. If the customer needs to modify the purchase order or modify some of the data contained therein, they must follow the specific modification procedure contained on the Website. In particular, the Customer shall have the right to modify the quantity of Products they intend to purchase, adding or removing one or more Products from the Shopping Cart.
4.5. Once this operation has been completed, the Customer will see a screen containing a summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.
4.6. After viewing the summary, the Customer must select the desired payment method, i.e. cash on delivery (COD), credit card and PayPal, or - if available - NATIVIS.BEAUTY-GIFT--Card, and send the order by clicking on the appropriate button.
5. Conclusion of the contract
5.1. The publication of the Products displayed on the Website constitutes an invitation to the Customer to make a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these Terms and Conditions of Sale.
5.2. Each Purchase Contract entered into between NATIVIS.BEAUTY and the Customer shall be deemed to have been concluded when NATIVIS.BEAUTY sends the order acceptance to the Customer's email address. This confirmation message will indicate an ‘Order Number’, to be used in all subsequent communications with NATIVIS. BEAUTY. In addition to the information required by law, the message will repeat all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections. Any additional costs incurred as a result of errors in the data not promptly reported by the Customer shall be borne exclusively by the Customer.
5.3. Each order can be viewed by the Customer on the Website, in their personal area, if they are registered, or by contacting NATIVIS.BEAUTY Customer Service immediately after placing the order.
5.4. Occasional unavailability of the Products offered may occur. In this case, if the Products chosen by the Customer are not available, either in whole or in part, the Customer will be contacted by Customer Service to manage the exception. The Customer will have the right to cancel the order in its entirety or cancel the purchase of only the unavailable products; in the event of complete cancellation, the Customer will be refunded the amount paid; in the event of partial cancellation, the Customer may choose between a refund of the relevant amounts or a discount voucher equal to the amount of the unavailable products, which can be used for a subsequent purchase.
5.5. NATIVIS.BEAUTY has the right to accept or reject, at its discretion, the order sent by the Customer, without the latter being able to make any claims or assert any rights of any kind, including compensation, in the event of non-acceptance of the order.
5.6. In particular, NATIVIS.BEAUTY reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency or if, even after checking with the credit card payment system, there are anomalies in the transactions and means of payment used by the Customer.
5.7. The Customer may check the content of the purchase contracts concluded at any time by accessing their personal area on the Website, if they are registered, or by contacting Customer Service.
6. Product prices
All Product prices are clearly indicated on the Website and are inclusive of VAT. Delivery costs are clearly highlighted at the time of ordering. The cost of each shipment may vary depending on the delivery and payment methods, as well as the destination and total amount of the order.
7. Invoicing and payment methods
7.1. NATIVIS.BEAUTY issues a receipt for the Products purchased when the Products are delivered to the courier for shipment, sending it by e-mail to the Customer and attaching it to the package shipped. The information provided by the Customer is used to issue the receipt. No changes to the data will be possible after the invoice has been issued. 7.2. NATIVIS.BEAUTY issues invoices exclusively for amounts exceeding £50 and following an explicit request from the Customer, which must be made at the time of ordering or on the same day; requests for invoicing received after the day of ordering cannot be processed.
7.3. As detailed below in the relevant points, payments by credit card and PayPal require only authorisation or reservation of the funds, with the actual charge being made when the Customer's Order is confirmed. At this stage, NATIVIS.BEAUTY will also issue the receipt or invoice, if requested, relating to the order.
7.4. Payment for purchased Products can be made by credit card, PayPal, cash on delivery or, if available, the NATIVIS.BEAUTY Gift Card, in accordance with the methods specified below:
- Online credit cards - The following credit cards are accepted: Visa, Mastercard, American Express. All data is transferred in encrypted form using an SSL certificate and cannot therefore be intercepted by external parties. Furthermore, data is entered directly on the bank's website, thus ensuring maximum security. The order amount is not charged immediately to the card, but at a later stage, within the limits authorised by the Customer. When placing an order on the NATIVIS.BEAUTY website, only a payment authorisation for the amount indicated is requested (very often at this point an SMS/e-mail is sent to the Customer by the bank that issued the card). Authorisation does not imply that the money will be debited, but simply that the amount will be reserved. The debit is actually requested when the order is confirmed by NATIVIS.BEAUTY.
- PayPal - PayPal, an eBay company, is a fast and secure payment system. Once the order has been completed and PayPal has been selected as the payment method, the buyer will be redirected to the PayPal website, where they can access their account by entering their personal email address and password. After registering, it is possible to make payments via PayPal without having to re-enter your details, even for subsequent purchases. By choosing to pay with PayPal, the amount is charged directly to the assigned credit card (Visa, Visa Electron, Mastercard, American Express) or prepaid card (PostePay). PayPal protects the buyer's information as no financial information is passed on. For each transaction made using this method, a confirmation email will be sent by PayPal. Please note that the order amount is charged to your PayPal account at the time of order confirmation. When placing an order on the Website, a request for authorisation will simply be made to verify the availability of funds in the Customer's PayPal account, without any charge. If the order is cancelled, the amount will be refunded to the Customer's PayPal account.
- Cash on delivery - The Customer may pay directly to the courier who will deliver the ordered Products. Only cash is accepted for this payment method. The courier will not accept bank cheques or cashier's cheques and will not deliver the Products unless the exact amount indicated in the order is received. The courier is not authorised to give change. This payment method may incur additional costs depending on the quantity of goods and the courier available at the time; however, it may never exceed the threshold of £100.00.
8. Delivery methods and costs
8.1. NATIVIS.BEAUTY undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. The Products will be delivered by courier, and delivery times will vary depending on the destination. The terms indicated at the time of purchase are indicative only.
8.2. NATIVIS.BEAUTY delivers to all countries indicated on the Website and delivery will take place without appointment.
8.3. No liability of any kind may be charged by the Customer to NATIVIS.BEAUTY in the event of a delay in the fulfilment of the order or in the delivery of the Products covered by the Purchase Contracts.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by NATIVIS.BEAUTY to the courier in charge, a shipping confirmation e-mail will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays, according to the methods indicated by the courier chosen by the Customer. Delivery is considered complete when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the recipient's absence at the specified address, the courier will send a notification email and attempt a new delivery in accordance with the procedures established by the courier. If it is impossible to make a new delivery due to the recipient's absence, Customer Service will attempt to contact the Customer to schedule a further delivery. If Customer Service is unable to contact the Customer for the next 10 days or if delivery is again impossible due to the recipient's absence, the Products covered by the order will be returned to NATIVIS.BEAUTY.
After 15 (fifteen) days from the date on which the Products covered by the order were returned to NATIVIS. BEAUTY due to the impossibility of delivery, the contract shall be deemed terminated and the purchase order cancelled in accordance with Article 1456 of the Italian Civil Code. NATIVIS.BEAUTY shall refund the amount paid by the Customer, net of the costs of returning the Products and the costs of storing them at the branch of the courier responsible for delivery.
8.6. The termination of the contract and the refund amount will be communicated by email. The refund amount will be credited to the payment method used by the Customer for the purchase. If, before the expiry of the thirty-day period, the Customer requests to receive the purchased Products again, NATIVIS.BEAUTY will proceed with the new delivery after charging, in addition to the delivery costs, the costs of returning the Products to NATIVIS.BEAUTY and the storage costs.
8.7. Upon delivery of the Products by the courier appointed by NATIVIS.BEAUTY, the Customer is required to carefully check:
a) That the packages are intact and the packaging is not damaged or otherwise altered or degraded.
b) That the number of items delivered corresponds to that indicated in the transport document.
8.8. Any damage to the packaging and Products or any discrepancy in the number of items/packages or indications must be immediately reported by the Customer, who may contact NATIVIS.BEAUTY through Customer Service, specifying the order for which such discrepancies have occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the cost of delivery to be borne by NATIVIS. BEAUTY shall entitle the latter to split, postpone or cancel, in whole or in part, the planned delivery or to terminate the Purchase Agreement. In such cases, NATIVIS. BEAUTY to provide timely and adequate communication of its decisions to the email address indicated by the Customer, and the latter shall be entitled to a refund of any price already paid, excluding any further claims, for any reason whatsoever, against NATIVIS.BEAUTY.
9. Discount Vouchers – Promotions
9.1. Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the voucher.
9.2. The discount voucher may be combined with other commercial initiatives only in cases where this is expressly indicated.
10. Right of withdrawal and its effects
10.1 The Customer has the right to withdraw from the contract, without giving any reason, within 14 days (withdrawal period).
10.2 The withdrawal period expires (i) after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods, or (ii) in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer must inform NATIVIS.BEAUTY (Smart Plus di Meneghel Elvio, via Vittorio Emanuele II, 13 20814 VAREDO (MB)) of their decision to withdraw from the contract by means of an explicit statement (e.g. letter sent by post, fax or e-mail); you can download the sample document.
10.4. To comply with the withdrawal period, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.5. The seller shall refund the full amount paid, including any original shipping costs, within 14 days of receiving notice of withdrawal; the refund may be withheld for longer than 14 days only until the consumer provides proof that they have returned the goods or until the goods have been received by the seller. The only costs borne by the consumer are those for returning the goods.
10.6. The Customer is required to return the goods or deliver them to NATIVIS.BEAUTY, at Smart Plus via Vittorio Emanuele II, 13 – 20814 VAREDO (MB), Italy, without undue delay and in any case within 14 days from the day on which they communicated their withdrawal from this contract. The deadline is met if the Customer returns the goods before the expiry of the 14-day period. The direct costs of returning the goods shall be borne by the Customer. The Customer shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.7. The Customer may not exercise the right of withdrawal in any case if the goods are sealed and cannot be returned for hygiene or health protection reasons and have been opened after delivery.
11. Non-conforming and defective products
11.1. The Products offered on the Website comply with national and EU legislation. The images and colours of the Products published on the Website may differ from the actual products due to the local settings of the systems and/or tools used to view them.
11.2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Website and in the event of a faulty or defective Product, the Customer is entitled to an immediate refund of the non-compliant goods, subject to sending photographs highlighting the damage or non-conformity of the Product via the form in the Customer Service section.
11.3. NATIVIS.BEAUTY staff will then contact the Customer to indicate the method of refund, which may, at the Customer's discretion, also take the form of discount vouchers on the next purchase exceeding the value of the goods to be refunded, excluding any further liability on the part of NATIVIS.BEAUTY, for any reason whatsoever.
11.4. In any case, the provisions on the legal guarantee of conformity of goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) shall remain unaffected.
12. Processing of personal data
Customer data is processed by NATIVIS.BEAUTY in accordance with current legislation on the protection of personal data, as specified in the information provided in the dedicated section entitled ‘Privacy Policy’.
13. Communications and complaints
All communications or complaints from the Customer to NATIVIS.BEAUTY regarding Purchase Contracts must be communicated through the appropriate contact tools available on the Website.
14. Intellectual property rights
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive signs or names, images, photographs, written or graphic text and, more generally, any other intangible asset protected by international laws and conventions on intellectual and industrial property, reproduced on the Website remain the exclusive property of NATIVIS. BEAUTY and/or its predecessors in title, without the Customer deriving any rights over them from accessing the Website and/or entering into Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorisation of NATIVIS.BEAUTY, to which all related rights are exclusively reserved.
15. Applicable law and jurisdiction
15.1 These General Terms and Conditions and any and all contracts entered into with the Customer are governed by Italian law, without prejudice to the application of EU legislation and international treaties, where applicable, as well as national consumer protection legislation.
15.2 In the event of disputes in relations with consumers, pursuant to Article 66-bis of Legislative Decree 206/2005 (Consumer Code), territorial jurisdiction is irrevocably attributed to the court of the consumer's place of residence (or domicile).
15.3: Furthermore, consumers established in Europe may use the platform made available by the European Commission for the resolution of any disputes arising from the online contract entered into on the website. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr