1) General notes

  1. These general conditions of sale (hereinafter "General Conditions" or "GCS") are governed by the Consumer Code (Legislative Decree no. 206/2005), section II, Remote contracts (articles 50 - 67), by the rules on electronic commerce (Legislative Decree no. 70/2003 - Implementation of Directive 2000/31/EC on certain legal aspects of services of information companies in the internal market, with particular reference to electronic commerce) and by the Italian Civil Code and apply exclusively to the Internet sale of the products sold by Intelsis Srl on the Website (hereinafter "the Products") and govern and constitute an integral and substantial part of all contracts entered into by the Customer with Intelsis Srl. As a result of the forwarding of an Order, the Customer declares to have read and accept these GCS. These GCS will prevail over any other general contract condition the application of which is invoked in relation to one or more contracts.
  2. The Customer undertakes to print and/or store these General Conditions of Sale electronically, according to the preferred methods.
  3. In the event of changes to the General Conditions, which Intelsis Srl reserves the right to make without prior notice, the General Conditions published on the Website at the time the Order is placed by the Customer will be applied to the purchase order (hereinafter "Purchase Order").
  4. The mere tolerance or non-dispute by Intelsis Srl of any non-compliance by the Customer with respect to the contents of the GCS may not be interpreted as tacit acceptance of such non-fulfilments, nor as intention to derogate from as agreed between the parties.
  5. The owners of the Trademarks whose products are sold on the Website are not parties to this contract, but remain the sole holders of the rights on the logos, registered trademarks relating to the products presented on the Website and holders of the relative copyright.
  6. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Intelsis Srl.
  7. In order to validly conclude this contract, it is necessary to have the legal capacity to act and any age limits prescribed by law, which the Purchaser declares to possess.
  8. Intelsis Srl does not charge any fees, nor does it impose any costs for accessing the Website, the Purchaser remains solely responsible for any expenses necessary for Internet connection to the Website (including any telephone charges) according to the rates applied by the operator chosen by the Purchaser.
  9. Prices and goods sold on the Website are subject to change without notice.
  10. The Seller reserves the right, without notice, to modify the goods on the Website or change their characteristics at any time and without any prior notice or obligation.
  11. The Seller reserves the right to make changes and improvements to any goods offered on the Website, without the obligation to make such changes on those already sold.
  12. This Website can be accessed by users all over the World, where all the Products present are expressly intended for sale. However, the Website may contain references to goods that are not available or cannot be purchased in the country of the visitor of the Website.

2) Contract conclusion

  1. The publication of the Products on the Website constitutes an invitation to the Customer to formulate a purchase contract proposal. The order sent by the Customer has the value of a contract proposal and involves the complete knowledge and full acceptance of these General Conditions of Sale and of the privacy rules. The Conditions of this offer apply only to purchases made on the Website.
  2. The purchase contracts (hereinafter "Contracts") stipulated on the Website are concluded by the Customer with Intelsis Srl. The contract stipulated between Intelsis Srl and the Customer must be concluded with the acceptance, even partial, of the order by Intelsis Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions outlined below.
  3. The order cannot be made in relation to products that, although present in the catalogue of the Website, are indicated as not available. In any case, the products on the Website are offered until stocks are exhausted and subject to their actual availability. The indications on the availability of the products will be provided to the Purchaser at the time of sending an e-mail confirming receipt of the Order.
  4. The Purchaser may select one or more products and/or services from the various categories available on the Website.
  5. Intelsis Srl may change the range of products offered for sale on its Internet Website at any time, especially for reasons related to its suppliers and/or related information such as prices, description or availability of the products, without prior notice. Intelsis Srl will not make any changes to the price, availability or description of any product subsequent to the acceptance by Intelsis Srl of the Order sent by the Purchaser.
  6. Before sending the Order, the Purchaser can view on the Website all the information referred to in article 49 of Legislative Decree, 6 September 2005, no. 206 ("Consumer Code") such as, merely by way of example and not exhaustively, the information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product/s or services to be purchased and with all the other obligatory information required by Italian law.
  7. The products comply with the legislation applicable in Italy in force at the time of the Order. Intelsis Srl may not be held responsible for non-compliance of the products with the legislation of the country to which the Purchaser wishes them to be delivered. The Purchaser is obliged to check with the local authorities of the Country for the delivery of the products the import methods and/or use of the products and services to be ordered. Intelsis Srl cannot guarantee that the information on the packaging of the products will be translated into languages ​​other than Italian.
  8. The photographic representation of the Products on the Website is indicative only with an illustrative purpose for the sale, without any guarantee or commitment, on the part of Intelsis Srl, about the exact correspondence of the image depicted on the Website with the actual Product (by way of example but not exhaustively: dimensions, color, shape, accessory products shown in the figure, etc.); in the event of a difference between the image and the written product sheet, the description of the product sheet is always valid.

3) Prices

  1. All prices on the Website are intended as prices to the public and, therefore, do not include any charges for customs clearance for deliveries to countries outside the European Union. Intelsis Srl reserves the right to modify the prices at any time, without notice. In the event that an incorrect and/or clearly negligible price is published, for any reason (error in the systems, human error, etc.), the order will be cancelled, even in case of initial validation.
  2. All prices include VAT and other taxes as required by law.
  3. The costs of delivery and those for any cash on delivery, where this method is granted at the time the order is placed, are charged to the Customer and will be adequately highlighted in the Purchase Order.
  4. The Price shown on the Website at the time of confirmation of sending is applied to the Products, without any consideration of previous offers or any subsequent price changes that, however reported on the Website, may change at the time of confirmation due to the tax treatment of the Purchaser with request for payment of lower taxes on the taxable amount.
  5. If the products are to be delivered in a country not belonging to the European Union, the total price indicated in the Order and reiterated in the Order Confirmation, including VAT, is net of any customs duties and any other sales tax , that the Purchaser undertakes to pay, if due, in addition to the price indicated in the order and reiterated in the order confirmation, in accordance with the provisions of the law of the country to which the Products will be delivered. To obtain information on any duties or taxes applied in the country of residence or destination of the products, the Purchaser is required to enquire with the competent bodies of the country of residence or destination of the products.
  6. Any other cost, charge, duty and/or tax that a given country may apply in any capacity to the products ordered under this contract are the sole responsibility of the Purchaser.
  7. The Purchaser declares that the lack of knowledge on its part regarding the costs, charges, duties and/or taxes referred to in the preceding paragraphs, at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and may not in any way be debited to the Seller.
  8. Intelsis Srl develops promotional campaigns during defined time intervals and at its unquestionable appreciation also in order to promote the access of new Purchasers to the Website and to reward the loyalty of its regular Customers; therefore, it reserves the right to interpret the conditions of application of promotions, extend them communicating in the manner and time due, or proceed to the exclusion of any participant in promotions in the event of anomalies, abuses or unethical conduct in the participation of the same.
  9. Online transactions with a credit card are made directly on the Bank's website, through a secure server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a way designed to avoid the interception, modification or falsification of information. Intelsis Srl is not aware of information regarding credit cards used by its Customers.

4) Order

  1. Purchase Orders must be made exclusively online through the order procedure on the Website, excluding any other form (ex. telephone, correspondence, mail).
  2. The Purchase Contract will be considered concluded upon receipt of the order by Intelsis Srl; in this case, Intelsis Srl undertakes to provide confirmation of receipt of the Order by sending a confirmation e-mail to the e-mail address communicated by the Customer. This Confirmation will summarize the Products selected, the relative prices (including delivery costs), the address for delivery, the order number (to which reference shall be made even after the order for any communications) and the General Conditions and details applicable to the Order.
  3. In the case of multiple orders, as many contracts as Products ordered will be considered as stipulated.
  4. For each individual transaction, it will be possible to purchase a maximum number of 10 (ten) units for each reference of items on the Website.
  5. The order cannot be made in relation to products that, although present in the catalogue of the Website, are indicated as not available. In any case, the products on the Website are offered based on availability and if Intelsis Srl finds the stocks non-existent, it will have the right to communicate it even after payment and provide a refund.
  6. The Customer is solely responsible for the truthfulness and correctness of the information and data provided to Intelsis Srl and requested by the latter through the Website, and undertakes to promptly communicate any changes to the data entered. Possible additional costs due to errors or omissions in the entry of data in the purchase form or not promptly reported, will be charged to the Customer.

4.1) Purchase procedure

  1. The customer can purchase the Products present on www.mesaudacosmetics.it, illustrated in the respective categories, as described in the related information sheets contained in the Website, following the technical access procedures illustrated below.
  2. For the purchase of products, the Customer must register on the Website by entering personal details in the registration form and must complete the order form in electronic format available on the Website, following the instructions below. If the Customer does not wish to register on the Website, it may conclude the purchase procedure as a "guest", but it may not check the status of the orders and take advantage of discounts and promotions.
  3. The customer must add the selected products to the appropriate "cart" and proceed with the purchase.
  4. If the customer needs to change some information of the purchase order, it must follow the appropriate modification procedure contained on the Website. Specifically, the customer can change the amount of products to be purchased, adding or removing one or more products from the cart.
  5. Once this operation has been completed, the customer will see a summary of the purchase order, including shipping costs, with a request for further confirmation of the purchase procedure.
  6. Subsequently, the customer must select the type of payment desired, i.e. credit card, PayPal or cash on delivery and send the order by clicking on the appropriate button.
  7. Once the order has been sent, the customer will receive the summary of the purchase at the e-mail indicated.

5) Payment methods

  1. Unless otherwise agreed, the Customer will pay the price of the ordered items in full, at the time of sending the Order or cash on delivery. Intelsis Srl reserves the right to deliver the items purchased only after receiving payment of their full price. As part of the process of sending the Order in the manner specified on the Website, Intelsis Srl may propose, at its complete discretion, with the possibility of variation without the need for prior information, different payment instruments, such as payment by credit card (exclusively Visa, MasterCard, Maestro), payment via a secure PayPal system, prepaid card payment (ex. Postepay).
  2. Together with the communication of the Order Confirmation, the amount corresponding to the Products purchased will be charged to the Customer, in case of payment by credit card or paypal.
  3. The Customer accepts to receive the tax receipt, eventually requested, in electronic format. The information provided by the Customer will be used to issue the tax receipt. No variation of the data will be possible after the issue.
  4. For reasons of security of transactions and where required by bank intermediaries and the like, Intelsis Srl reserves the right to request the sending of a copy of an identity document of the owner of the credit card in order to process the order.
  5. By accessing the payment procedure and sending it, the Customer declares not to violate Legislative Decree no. 231/07, as supplemented by the recent Legislative Decree no. 151/09, on the subject of national legislation on the prevention of the phenomenon of money laundering of illicit origin.

6) Delivery methods

  1. Intelsis Srl will deliver the products purchased within 3-4 working days (thus excluding holidays and Saturday and Sunday), by trusted specialized carriers that it may communicate to the Customer after payment and change at any time for better order processing.
  2. At the time of delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier: a) that the quantity and the type of Products ordered correspond to as indicated in the transport document; b) that the packaging for transport is intact, as well as any seals affixed by Intelsis Srl or the carrier, not damaged, wet or otherwise altered, even only regarding closing materials; c) that the quantity, quality and type of Products delivered corresponds to the order.
  3. Any anomalies or discrepancies must be immediately notified to the carrier upon receipt of the Products, by means of their exact annotation in the delivery note or on the transport document and immediate contact --- and, however, no later than 7 (seven) days from Delivery, through the channels and to the references listed in the "Contacts" section.

7) Delivery expenses

The delivery expenses to be paid together with the price of the purchased goods are charged to the Customer and adequately highlighted in the Order.

8) Assistance services

  1. The Customer may have information about After Sales Services by accessing the relevant section of the Website or by contacting Intelsis Srl through the channels and references listed in the "Contacts" section.

9) Right of withdrawal

  1. If the Customer is a "Consumer", as defined in article 3 of the Consumer Code, the rights shall apply pursuant to art. 64 of the Consumer Code within the limits established by said legislation and therefore has the right to withdraw from the Purchase Contract (hereinafter "Right of Withdrawal") for any reason, without offering any explanation and without any penalty, in the manner specified below and according to the most favourable ones resulting from any amendment of the Consumer Code.
  2. The Withdrawal may concern all the Products sold by Intelsis Srl on the Website purchased by the Consumer (Total Withdrawal) or only part of these (Partial Withdrawal).
  3. The right of Withdrawal is exercised by sending, within 14 (fourteen) calendar days from the date of receipt of the Products (full proof of receipt of the date on the delivery note) communication via e-mail to support@mesaudacosmetics.it. The communication of Withdrawal must expressly specify the intention to withdraw from the Purchase and the Product or Products for which to exercise the right of Withdrawal, attaching a copy of the relative purchase invoice and the transport document (DDT). In the communication, the Customer must also confirm that the Products are intact and stored in perfect condition in the related original packaging, complete of all parts.
  4. Following the correct exercise of the right of Withdrawal, Intelsis Srl will send the necessary authorizations to the Customer by e-mail to proceed with the return.
  5. Products must be returned within 30 (thirty) calendar days from the date they are received. For the purpose of expiry of the term, the Product is considered returned when it is delivered to the accepting post office or to the carrier.
  6. The right of Withdrawal is however subject to the following conditions:
    • the right applies to the single Products purchased in their entirety;
    • the Products purchased must be intact and returned in the original packaging, complete of all parts (including packaging and accessory documentation);
    • however, the right may not be exercised in the case of sealed goods that are not suitable for being returned for hygienic reasons or connected to health protection and were opened after delivery.
    • the transport costs related to the return of the Product will be charged to the Customer;
    • the Return is under the full responsibility of the Customer.
  7. The right of withdrawal governed by these GCS does not apply to goods made to measure or clearly personalized or which, by their nature, may not be returned or are liable to deteriorate or alter rapidly, as well as products intended for intimate use of the person.
  8. The refund will be made via the same payment method with which the order was placed. In case of payment by cash on delivery, after the receipt and verification of the return by Intelsis SRL, the latter will send by email the refund form on which to indicate the IBAN details of domiciliation of the bank account to receive the amount of reimbursement.
  9. The amount refunded will be net of the costs for the return of the Products, which will be charged to the Customer.

10) Guarantees

a) Legal guarantee for the Consumer

  1. The Consumer, as defined in art. 3 of the Consumer Code (hereinafter, "Consumer Code", Legislative Decree, 6 September 2005, no. 206), has the right to avail itself of the legal guarantee provided by the Consumer Code in articles 128 and following.
  2. This Guarantee requires, inter alia and under penalty of forfeiture, the Consumer to report to Intelsis Srl any lack of conformity found in the product purchased within 2 (two) months from the discovery (art. 132, Consumer Code).
  3. Following this complaint, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to other rights provided by law in favour of the Consumer.
  4. The above legal guarantee is valid for the maximum term of 2 (two) years from the Delivery of the Product. Beyond this term, Intelsis Srl will therefore not be responsible for conformity defects found by the consumer.
  5. The legal guarantee allows the Purchaser, in case of conformity defects of the product, to obtain, by contacting the Seller directly, within a reasonable time taking into consideration the nature of the product, the repair (if and to the extent possible), the replacement of the product, price reduction or contract termination.
  6. In any case, use of the product that does not conform to that of the product and the instructions and/or warnings provided by the Seller and/or the Producer of the Product is not covered by guarantee.
  7. Any notification of a lack of product conformity must be submitted together with proof of purchase of the product from the Seller (fiscal document issued by the Seller or receipt of payment).
  8. In case of replacement or repair of the Product, the terms of the guarantee for the Product given as replacement or resulting from the repair, are the same as the original product. Therefore, the total two-year duration of the legal guarantee will in any case start from the Delivery of the original product.
  9. The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed instructions, as well as prior presentation by the Customer of the bill of delivery received.
  10. The legal guarantee of conformity applies only to defects not deriving from normal use of the Product.
  11. In any case, for the regulation of the legal guarantee, reference is made to the rules of the Consumer Code in articles 128 and following.

b) Legal guarantee for non-Consumer Customers

  1. The non-Consumer Customer, as defined in art. 3 of the Consumer Code, has the right to use the legal guarantee provided for in the Civil Code.
  2. This Guarantee requires, inter alia and under penalty of forfeiture, the non-Consumer Customer to report to Intelsis Srl any lack of conformity found in the product purchased within 8 (eight) days from the discovery.
  3. The legal guarantee referred to above is valid for the maximum term of 12 (twelve) months from the Delivery of the Product. Beyond this term, Intelsis Srl will therefore not be responsible for conformity defects found by the non-Consumer Customer.
  4. The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in compliance with the intended use and as provided in the enclosed instructions, as well as prior presentation by the Customer of the bill of delivery received.

11) Responsibility for damage caused by defective products

  1. The applicable provisions are of the European Directive 85/374/EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code) regarding damages caused by the defective product. The Seller, as distributor of the products presented on the Website, is free from any responsibility, without exception and/or excepted, indicating the name of the relative producer of the product.

12) Force majeure

  1. The Seller will not be responsible in the event of total or partial non-fulfilment of related obligations under this contract if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, by way of example and not exhaustively, catastrophic natural events, acts of terrorism, wars, popular uprisings, lack of electricity, general strike by public and/or private workers, strike and/or restrictions on the viability of couriers and air links.

13) Intellectual Property

The Mesauda Milano, Mesauda Cosmetics, Mesauda Professional brands, all figurative and non-figurative trademarks on the Website, images, illustrations and logos and any content on the Website (including, without limitation, texts, General Conditions of Sale, privacy, etc.) are the exclusive property of Gaon Srl and/or of the respective owners of intellectual property rights over them.
Reproduction in whole or in part, modification or use of trademarks, illustrations, images and logos, or any other content of the Website, for any reason and by any means, without the express written authorization of Intelsis Srl and/or the respective owners of the intellectual property rights on the same is strictly prohibited.

14) Security of transactions

The use of the user name and/or registration/access password of the Purchaser constitutes proof of identity of the Purchaser, which shall retain them at own expense and under own responsibility, for the purpose of exercising the right of Intelsis Srl, at the time of Order confirmation, to demand the relative amounts. The IT records of Intelsis Srl will constitute evidence of communications, Orders and payments made between the Parties. Intelsis Srl and/or its commercial partners will not be in any way responsible for the improper use and/or disclosure to third parties of the registration/access information of the Purchaser.
The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the sums indicated for the purchase of the products indicated in the Order payable. The IT records, stored in the IT systems of Intelsis Srl and its partners, will be considered proof of communications, Orders and payments made between the Parties.

15) Ability to contract

The Purchaser declares to have full capacity to act and stipulate a contract for the purchase of products and/or services on the Website based on these General Conditions of Sale. Intelsis Srl may not under any circumstances be required to verify the ability to act of visitors and Purchasers of the Website. If a person who does not have the necessary ability to act makes an Order on the Internet Website of Intelsis Srl, without prejudice to the responsibility of the person for the same responsible for the law, for such Order and the related payment, Intelsis Srl may refuse to accept the Order if it has become aware.

16) Processing of personal data

  1. The Customer's data is processed by Intelsis Srl in compliance with the provisions on personal data protection, as specified in the information provided in the related section "Information pursuant to art. 13 of Legislative Decree 30.6.2003".

17) Communications

  1. Any communication may be addressed to Intelsis Srl using only the contact channels listed in the "Contacts" section of the Website.

18) Applicable law and jurisdiction.

  1. The contract of sale between the Customer and Intelsis Srl is concluded in Italy and governed by Italian law.
  2. The contract will be governed and interpreted in accordance with Italian laws.
  3. The Parties agree that the application to this contract of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  4. Any disputes related to the interpretation or execution of this contract will be resolved exclusively and imperatively by the Court of Rome (Italy), without prejudice to the application of the provisions set out in Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 (Consumer Code) in the event of purchases by Consumers.
  5. For all matters not expressly provided for herein, the applicable provisions are of the Law in force in the Italian legal system and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 (Consumer Code).
  6. Out-of-court settlement of disputes: the Purchaser is entitled to promote the out-of-court resolution of disputes concerning the consumer relationship at the bodies established by the Chambers of Commerce, Industry and Agriculture pursuant to the Law of 29 December 1993, no. 580 and to resort to the mediation procedures pursuant to Legislative Decree 28/2010 and subsequent amendments, under the conditions established by the body chosen by the Purchaser that will administer this procedure. The foregoing is without prejudice to the possibility of using the voluntary and equivalent negotiation procedures provided for by art. 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided for by the service charters.

19) Transfer

  1. The Purchaser shall not transfer or otherwise refer in whole and/or in part, to any third party any of its rights and obligations arising from this contract, without the prior written consent of the other party.

20) Validity of the clauses

  1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.
  2. These terms and conditions do not affect the rights attributed by the Italian Law to the Purchaser acting as Consumer or the rights guaranteed by the imperative provisions of the legal system to which it is subject.
  3. If a clause or a part of a clause of these general conditions shall be deemed invalid because in contrast or contrary to a law, all other clauses of this agreement or parts of the same clause will remain fully valid and effective.

21) Conclusive provisions

  1. This contract replaces all previous contracts, agreements and understandings between the Parties and, together with the order, the order confirmation and the general conditions relating to the use of the Website, constitutes the entire agreement between the Parties regarding the subject of this contract.
  2. The Purchaser declares that it has not been induced to adhere to this contract by previous oral declarations.
  3. The fact that one of the Parties does not assert against the other a violation of any of the obligations contained in these GCS shall not be understood as a waiver of the fulfilment of the obligation in question for the future.