Rules of use of the website and General Conditions of Sale

Owner of the website and the e-commerce service:

Giusto Manetti Battiloro SpA, Via Tosca Fiesoli No. 89/M – Campi Bisenzio (FI), Registered in the Florence Company Register VAT/Tax Identification Number: 00389280488,  Economic and Administrative Index of Florence No. FI-42738.

Contacts: giustomanettibattilorospa@pec.it

Introduction

On the one hand, this document contains the conditions of use (hereinafter, the “Regulation of use”) of the Website www.www.beautygold.shop (henceforth also the “Website”) and, on the other hand, the General Conditions of Sale (hereinafter “General Conditions”) for the purchase of the products.

The website can be accessed and use by both the “Consumer” (B2c) and “Business” (B2B) Customers. According to Article 3 of the Consumer Code, the Consumer Customer is “the physical person who acts for purposes unrelated to any business, commercial, artisanal or professional activity carried out”.

The contracts concluded with Giusto Manetti Battiloro SpA through the Website are governed by these General Conditions. In addition to Italian, the language available for concluding the contract is English.

The Website’s Regulation of use and the applicable General Conditions of Sale are those published on the Website at the time of access and/or when sending the purchase order. Any changes and/or updates to the Regulations of Use and the General Conditions of Sale will be valid and effective from their publication on the Website.

The products on the website can be purchased with or without Registration. Access to the website and the purchase of the products is reserved to anyone who is of legal age.

For information on the use of personal data and cookies, please refer to the respective Policies on the Website.

Regulation of use

By accessing the website, the Customers expressly agree that he/she will comply with all the conditions of use contained in this document.

Giusto Manetti Battiloro SpA, as the owner of the Website, reserves the right to exclude and/or limit the use of the Website if the Customers do not accept and do not intend to comply with this Regulation of use.

Access to the Website provides customers with information on the products offered together with the possibility of purchasing them.

Registration to the Website

Registration to the Website, through the appropriate form, is free.

Registration allows the customer to access a dedicated area containing the following information and to perform the following activities:

• View the list of orders placed;
• View and change billing address (if any) and shipping address;
• Payment methods
• View and change account information;

Also, when logged on to the website, the Customer can proceed to place the order faster since the shipping and billing data will be taken from the relevant account.

At any time, the Customers may request the deactivation and cancellation of the account through the appropriate link on the Website or by communicating this decision directly to the e-mail address: beauty_gold@manetti.it.

Giusto Manetti Battiloro SpA reserves the right to suspend or close a Customer Account at any time and without notice should irregularities in accessing the Website and/or in the orders sent be ascertained.

Property – Copyright & Trademark

All content published on the Website, by way of example: documentation, images, videos, fonts, design, music, software, codes and format scripts, brands and/or any other distinctive sign, are owned by Giusto Manetti Battiloro SpA and/or in any case are legally available to the latter. The material contained on the website is protected by Copyright. Any reproduction, alteration, transmission, publication or redistribution to third parties, for commercial purposes, is strictly prohibited. In any case, users are expressly prohibited from using the content or brands on the website for purposes other than using the services offered by the website.

Disclaimer

Information is published on the Website in order to provide the Customers with a service. In any case, Giusto Manetti Battiloro SpA disclaims any liability for any inaccuracies and/or errors in the information reported, for which an immediate correction will be made following a report.

Giusto Manetti Battiloro SpA also reserves the right to make corrections and changes to the Website as well as to the terms and conditions contained in this legal note, whenever it deems necessary and without giving prior notice.

The Customer is required to comply with the terms contained in this legal notice, periodically checking for updates, changes and corrections.

Giusto Manetti Battiloro SpA disclaims any liability for any malfunctions related to the deactivation of cookies on the user’s browser.

 

 Italian Legislation

The Customers who accesses the Website declare to accept that all matters relating to the use of the Website www.www.beautygold.shop are governed by the current legislation of the Italian State. For the resolution of any disputes with Consumers (B2C) relating to the interpretation, execution or resolution of these Regulation of use, pursuant to Article 66 bis of the Consumer Code, the court of its municipality of residence or domicile will be exclusively competent if located in the Italian territory. For (B2B) Customers the territorial jurisdiction is that of the Court of Florence.

Giusto Manetti Battiloro SpA does not guarantee that the contents of the website comply with the regulations in force in other countries. Access to the website from places where its contents are considered illegal is expressly prohibited. The Customers who decide to access the website from these countries are fully aware of the legal consequences and sanctions risked and will be solely responsible for compliance with local laws.

 

 General Conditions of Sale

1- Information on the products

Each product on the Website will be accompanied by an information sheet in which the main characteristics will be reported. In any case, Giusto Manetti Battiloro SpA reserves the right to modify the Information Sheets, without the need for any notice.

The photographic representations of the products on the Website are a mere demonstration. While representing the products offered for sale as faithfully as possible, the images and colours represented may differ from the real ones, also in consideration of the configuration settings or malfunction of the computer used by the Customer. For the purpose of the purchase contract, only the description of the product contained in the Information Sheet found on the Website at the time of purchase will prevail.

The images contained on the website www.www.beautygold.shop are owned and/or legally available to Giusto Manetti Battiloro SpA. Unauthorised use of these images without the written consent from Giusto Manetti Battiloro SpA will be prosecuted by law.

2- Order Method

 The Customer must add the Product to the “Cart” which he or she can view and modify without any restrictions. After inserting the products in the Shopping Cart, to complete the order procedure, the Customer must select the “Proceed to Check-out” virtual button where he or she can enter all his or her personal data, shipping data as well as the payment methods and the billing request in case of Business Customer (B2B).

Only after having entered all the data required by the Order form, the Customer can complete the procedure by selecting the appropriate virtual button “Place Order” which will allow access to the relative summary sheet before proceeding with the payment and final sending of the order.

By sending the order, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these General and Payment Conditions.

Sending the order from the Website constitutes an offer for the purchase of products subject to Giusto Manetti Battiloro SpA’s receiving payment of the price, taxes and any shipping costs as indicated in the order summary form.

Giusto Manetti Battiloro SpA reserves the right to accept the order received as well as to confirm the order preparation phase by e-mail, within an ordinary period of 1-2 working days, up to a maximum of 15 days for extraordinary periods. If the products ordered are not available beyond 15 working days, or if for some reason the order cannot be processed as requested by the customer, timely communication will be given to the customer at the email address provided when placing the order.

The contract stipulated between Giusto Manetti Battiloro SpA and the customer must be considered concluded with the acceptance of the order. This acceptance will be communicated to the Customer through an e-mail confirming the order itself containing a reference to these General Conditions, the order number, the date and time of the order, the shipping and billing data (if any) indicated by the Customer, the payment methods chosen as well as the list of Products ordered with their essential characteristics, the overall price, including delivery costs. The Customer will be required to verify the correctness of the data supplied during the ordering phase and to communicate any errors to Giusto Manetti Battiloro SpA.

3- Prices

 The prices of the products on the Website are all expressed in Euro.

Giusto Manetti Battiloro SpA reserves the right to change the price of the Products at any time. Any change will take effect from the time of publication on the Website. It is understood that the Customer will be charged the price in force when making the Order even in the event of subsequent changes.

Where applicable, delivery costs must be added to the purchase price as indicated in the order form.

4- Payment Methods

 The forms of payment accepted by Giusto Manetti Battiloro SpA are:

• Credit Card: in the case of purchase by Credit Card, only the expense commitment relating to the purchase made will be authorised when the order is sent, which will be definitively charged to the Credit Card at the time of successful payment and therefore the positive outcome of the order.

The customer’s credit card information will be entered and processed directly by NEXI, the partner chosen to manage the transaction. In no way will Giusto Manetti Battiloro SpA come into contact and/or store such data.

• PayPal: The amount will be charged to the Customer’s Paypal account when sending the order and during the processing of the order and the subsequent delivery phase will start only after the credit has shown on Giusto Manetti Battiloro SpA’s PayPal Account.

In the event of prolonged unavailability of the product ordered (over 15 working days, except in cases of force majeure), Giusto Manetti Battiloro SpA will re-credit the amount of the order not processed using the payment instrument chosen by the Customer at the time of the Order.

5- Invoicing

It is the Customer’s responsibility to request the issuance of the invoice when ordering and provide the related data. Once the invoice has been issued, it will not be possible to make any changes. In case of incorrect data Giusto Manetti Battiloro SpA reserves the right not to issue the requested invoice.

6- Shipping Method

 Orders of products already available will be shipped within 1-2 working days following the one in which the order was made, except for unavailability of the goods or events of force majeure.

The Products purchased on the Website will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate “Shipping Data” field and will be accompanied by the relevant transport documents.

Giusto Manetti Battiloro SpA ships to all countries made available through the Website.

The estimated times for the delivery of the products are to be understood after the 1-2 working days mentioned above needed to prepare the order. After these days, the following shipping estimates are to be considered:

Italy: 1-2 working days

Europe: 2-5 working days

Other areas: 3 – 5 working days not guaranteed

Delivery times must be considered purely indicative, in any case, Giusto Manetti Battiloro SpA reserves the right to postpone the shipment if events of force majeure occur.

Giusto Manetti Battiloro SpA is not responsible for any delays due to customs operations and controls, or to causes of force majeure beyond the latter’s control.

During the preparation phase, an e-mail will be sent to the customer containing the order summary and related documents. At the end of the preparation phase, the order is taken over by the courier for the shipping phase. Therefore, the customer will receive an e-mail from the latter with the tracking number and a link to monitor the progress of the shipment.

In the event of repeated impossibility to proceed with delivery due to the absence of the Customer and/or incorrect address, the product will remain in stock with the Courier for the duration of five days from the last delivery attempt. The Customer will be informed of the above and, if he or she does not proceed with the collection, according to the instructions given by the courier, the order will be deemed cancelled. In this case, the shipping costs (including the return of the goods) and any customs duties will be charged to the customer and will be deducted from the refund.

 

7- Checking Products

Upon arrival of the goods, the Customer is required to verify that the packaging is not damaged or otherwise altered and that the number of packages corresponds to what is indicated in the transport document.

If damage to the packaging or a mismatched number of packages is found, the Customer is asked to immediately inform the courier of this by accepting the delivery with reservation and to immediately notify Giusto Manetti Battiloro SpA by sending a communication to the address: beauty_gold@manetti.it

Once the Transport Document has been signed without reservation, the Customer will not be able to object to any dispute regarding the external characteristics of the packaging and the product.

8- Shipping Costs

Delivery costs are charged to the Customer, except for any explicit commercial policies undertaken by the Company, and are specified when placing the order.

9- Right of withdrawal pursuant to Art. 52 Consumer Code

Pursuant to Art. 52 and following of the Consumer Code, the “Consumer” Customer has a period of fourteen days from the delivery of the products to withdraw from the Contract, without having to provide any reason.

The Customer who intends to make use of the right of withdrawal – within fourteen days of receiving the goods – must give written notice to Giusto Manetti Battiloro SpA by registered letter with return receipt, fax, e-mail to the address: beauty_gold@manetti.it

If the right of withdrawal is exercised, Giusto Manetti Battiloro SpA will communicate to the Customer, at the e-mail address indicated in the order, the address where to send the products to be returned. The Customer must – at his or her own care and expense – return the products within 15 (fifteen) days of the communication sent by Giusto Manetti Battiloro SpA ensuring that the products are properly packaged.

In consideration of the nature of the products marketed by Giusto Manetti Battiloro SpA, it is recalled that the right of withdrawal is expressly excluded, pursuant to Art. 59 of the Consumer Code, for goods that are likely to deteriorate or expire rapidly and/or for sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection and have been opened after delivery. In consideration of the above, the right of withdrawal will be recognized only and exclusively in the event that the products is returned intact in their packaging without signs of opening.

Once the products are received, Giusto Manetti Battiloro SpA reserves the right to verify the integrity of the packaging as well as the correct storage of the products. Should anomalies be identified, the legitimacy of the withdrawal exercised may not be recognised. In the event of a legitimate withdrawal, within 14 days of receiving the goods, Giusto Manetti Battiloro SpA will return the amount of the product purchased to the Customer through the same payment method used when ordering.

10- Prohibition on trade

The products on this Website are intended for the use of both “Consumer” and “Business” Customers. The resale to third parties of products purchased through the Website is expressly prohibited. If Giusto Manetti Battiloro SpA should ascertain anomalous purchase flows, subsequent orders may not be fulfilled and reserves to take action against the buyer for the possible unauthorised marketing of products. If the Business Customer is interested in marketing Giusto Manetti Battiloro SpA products the same can contact the company directly at www.www.beautygold.shop

11- Applicable law, dispute resolution and competent court

The sales contract between Giusto Manetti Battiloro SpA and the Customer is considered concluded in Italy and regulated by Italian law.

According to Article 14 of Regulation 524/2013, in case of problems and/or disputes on the order, the Customer can lodge a complaint using the ODR platform of the European Union available at the following link: https://webgate.ec.europa.eu/odr. This platform will give the Customer all assistance needed to attempt an out-of-court resolution of any disputes arising from online sales contracts.

In any case, for the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders for the “Consumer” Customer, pursuant to the Consumer Code, the Court of exclusive competence is that located in the Consumer’s municipality of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is that of the Court of Florence.

12- Contract Storage Mode

 The Customer is informed that this contract will be stored digitally on an Aruba SpA server with all the guarantees required in terms of confidentiality and security.