Terms of service
This document sets out the general terms and conditions on the basis of which users are offered the use of the demetrarimini.com website offering online sales of cosmetics.
DefinitionsTo enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:
Owner: Daniele Bartocci, Via Santerno 25, 47923 Rimini, Tax code BRTDNL86T22H501B , VAT no. 04583510401 , PEC address firstname.lastname@example.org
- Application: the demetrarimini.com website
- Products: the products supplied to the user by the Controller
- User: any person accessing and using the Application
- User Consumer: a natural person over the age of 18 who concludes a contract for purposes outside his or her trade, business, craft or professional activity, if any
Terms: this contract governing the relationship between the Controller and Users and the sale or supply of the Products offered by the Controller via the Application.
- Owner: Daniele Bartocci, Via Santerno 25, 47923 Rimini, Tax code BRTDNL86T22H501B , VAT no. 04583510401 , PEC address email@example.com
Scope of the ConditionsUse of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she will not be able to use the Application or its services.
The Conditions may be changed at any time.
The applicable Conditions shall be those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User must read the Terms carefully and save or print them for future reference.
The Owner reserves the right to change, at its own discretion, at any time, even after the User's registration, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, notifying the User of the relevant instructions where necessary.
Purchase or request for supply through the ApplicationAll Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, additional charges, etc.). There may be some errors, inaccuracies or minor differences between what published on the Application and the actual Product. Furthermore, any Product images are only representative and do not constitute a contractual element.
Purchases and/or requests for supply of one or more Products via the Application are permitted to Consumer Users.
For natural persons, purchases and/or supply requests are permitted only if they are over 18 years of age. For minors, any purchase and/or request for supply of Products through the Application must be screened and authorised by their parents or those exercising parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User shall be considered as a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order without the User being able to object or complain of anything for any reason whatsoever.
The contract of sale or supply of the Products is concluded with the acceptance by the Controller of the User's contractual proposal . The Controller will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will contain the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery time and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.
The contract of sale or supply of the Products shall not be deemed effective between the parties in the absence of the foregoing.
If the Product is not available, the Holder shall inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract shall be deemed to have been concluded in respect of the Products accepted by the Holder.
The User undertakes to check the correctness of the data given in the order confirmation and to notify the Controller immediately of any errors and shall keep a copy of his order, its confirmation and the Conditions.
The User is responsible for guarding his or her access credentials, which are to be used exclusively by the User and may not be passed on to third parties. The User undertakes to keep them secret and to ensure that no third party has access to it and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure thereof.
The User warrants that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Controller harmless and indemnified from any damage, indemnity obligation and/or penalty arising from and/or in any way connected with the User's breach of the rules on registration with the Application or the storage of registration credentials.
Account deletion and closureRegistered Users may stop using the Application at any time and deactivate their account or request its deletion via the Application's interface, if possible, or by sending a written notice to firstname.lastname@example.org.
In the event of a breach by the User of the Terms or any applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without prior notice.
Prices and paymentsFor each Product, the price including VAT, if due, is indicated. Where the nature of the Product makes it impossible to calculate the price in advance, the method of calculating the price is indicated.
In addition, any taxes, additional charges and delivery charges that may vary depending on the destination, the delivery method chosen and/or the payment method used will be indicated. If these expenses cannot reasonably be calculated in advance, there shall be an indication of which expenses will be charged to the User.
The Holder reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes shall in no case affect contracts already concluded prior to the change.
The User undertakes to pay the price of the Product at the times and in the ways indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third party tools to process payments and in no way comes into contact with the payment data provided (credit card number, holder's name, password, etc.).
Should such third-party instruments deny authorisation for payment, the Holder may not supply the Products and may not be held liable in any way.
InvoicingThe User who wishes to receive the invoice will be asked for the invoicing data. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller in full indemnity in this regard.
Delivery of Material ProductsThe tangible Products and/or digital goods supplied on a tangible medium will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and set out in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier takes delivery.
In the event that it is not possible to supply the Products requested, the User will be notified promptly by e-mail, stating when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new deadline or if delivery has become impossible, the User may request a refund of the amount paid, which shall be credited promptly in the same form of payment used by the User for the purchase within a maximum of 14 days after the Holder has become aware of the request for a refund.
Upon receipt of the Product, the User is obliged to check its conformity with the order placed as well as the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it at no charge to him/her. Once the delivery document has been signed, the User may not object in any way to the external characteristics of the Products delivered.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of non-performance of the contract due to force majeure.
Consumer Users' Right of Withdrawal from the Purchase of GoodsThe User Consumer alone has the right to withdraw without penalty and without specifying the reason within the 14-day period starting from the date of receipt of the Product, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In the event of the separate delivery of several Products ordered by the User-Consumer in a single order, the 14-day period for exercising the right of withdrawal shall run from the day on which the last Product was received.
In the event of withdrawal, the User Consumer shall return the Product to the Holder without undue delay and in any event no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User Consumer shall only bear the direct cost of returning the Product, unless the Holder has declared that he will bear this cost.
In the event of a properly exercised withdrawal, the Holder shall reimburse the payments received from the User, in the same payment method used by the User for the initial transaction, without undue delay and in any event within 14 days from the day on which the User communicated his intention to withdraw from the contract.
The Holder is not obliged to reimburse the costs of delivery if the Consumer User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Holder.
The Holder, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has proved that he has returned it.
The Holder will not accept the return in the event that the Product is found to be malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Holder shall return the purchased Product to he sender, charging him for the shipping costs.
Optional form to exercise the right of withdrawalThe User may withdraw using the following form, which must be completed in full and sent to the e-mail address
firstname.lastname@example.org before the expiry of the withdrawal period:
I hereby give notice of withdrawal from the contract of sale or supply relating to the following product _________
Order number: _________
Ordered on: _________
First and last name: _________
E-mail associated with the account from which the order was placed: _________
Conformity Warranty of Material Products for Consumer UsersThe legal conformity warranty, provided for in Articles 128-135 of the Consumer Code, is recognised for all Products sold through the Application that fall within the category of "consumer goods", as governed by Art. 128(2) of the Consumer Code: any movable goods, including those to be assembled, except (i) goods subject to forced sale or otherwise sold by judicial authorities, including by delegation to notaries, (ii) water and gas, when not packaged for sale in a limited volume or set quantity, (iii) electricity.
The legal guarantee of conformity is reserved for Consumer Users only.
The Holder is obliged to deliver to the User Consumer Products that comply with the contract of sale. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:
- are suitable for the use to which goods of the same type are normally put
- conform to the description made by the Holder and possess the
qualities of the goods that the seller has presented to the User
Consumer as a sample or model
- they present the quality and performance usual for goods of the same
type, which the Consumer User may reasonably expect, taking into
account the nature of the Product and, where applicable, public
statements on the specific characteristics of the Products made in this
respect by the Holder, the manufacturer or its agent or representative,
in particular in advertising or on labelling
- are also suitable for the particular use desired by the consumer user
and which has been brought to the knowledge of the Controller by the
latter at the time of conclusion of the contract and which the Controller
has also accepted by concluding facts.
Therefore, any failures or malfunctions caused by accidental events or by the liability of the Consumer User or by use of the Product not in accordance with its intended use and/or with the provisions of the enclosed technical documentation are excluded from the scope of the conformity guarantee.
A conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.
Unless there is proof to the contrary, it shall be presumed that conformity defects that become apparent within 6 months of delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. After 6 months, it shall be up to the Consumer User to provide proof that the damage did not originate from incorrect or improper use of the Product.
Pursuant to Article 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User-Consumer has the right to the restoration of the conformity of the Product, free of charge. To this end, the Consumer User may choose between the repair of the Product or its replacement.
This right of choice may not be exercised if the remedy requested is objectively impossible or excessively onerous. In addition, the User Consumer shall only be entitled to an appropriate reduction in the price or to termination of the contract if one of the following situations occurs: i) repair or replacement is impossible or excessively onerous; ii) the Holder has failed to repair or replace within a reasonable period of time; iii) replacement or repair has caused considerable inconvenience to the User Consumer.
If the User Consumer wishes to avail himself of the remedies under the conformity guarantee, he must send a written notice to email@example.com.
The Controller shall promptly acknowledge the communication of the alleged conformity defect and indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the defect complained of.
Content posted by UsersThe User may upload Contents to the Application, provided that they are not illicit (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violate the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or are not in any other way detrimental to the Owner and/or third parties or do not contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and undertakes to indemnify and hold harmless the Owner against any damage, loss or expense.
You warrant that Content is submitted to the Application through your account by persons of legal age. For minors, the submission of Content must be screened and authorised by their parents or guardians.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Contents and contact between Users, and is therefore the sole guarantor and manager of the correctness, completeness and lawfulness of the Contents and of his own behaviour.
It is prohibited to use an e-mail address that does not belong to the User, to use the personal data and credentials of another User in order to appropriate the User's identity, or in any other way to misrepresent the origin of the Content.
The Owner is not able to ensure timely control over the Contents received and reserves the right at all times to delete, move, modify those that, in its discretion, appear illicit, abusive, defamatory, obscene or damaging to copyrights and trademarks or in any case unacceptable.
The Users grant the Owner a non-exclusive right of use over the Content submitted, without any geographical area limitation. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works from, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content (including images, messages, including audio and video) that may be sent by the User, even through third parties.
Submitted Content will not be returned and the Owner shall not be liable to Users for the loss, modification or destruction of the transmitted Content.
The following is expressly prohibited, unless expressly authorised by the Owner: i) the use of automatic systems for uploading advertisements, except for those expressly authorised, ii) the serial publication and/or management of advertisements on behalf of third parties by any means or methods, iii) reselling the Owner's services to third parties.
Industrial and Intellectual Property RightsThe Owner declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Application and/or the Content available on the Application. Therefore, all the trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors and are protected by current trademark laws and relevant international treaties.
The Terms do not grant the User any licence to use individual contents and/or materials available therein, unless otherwise stipulated.
Any reproduction in any form whatsoever of the explanatory texts and contents of the Application, if not authorised, shall be considered an infringement of the Holder's intellectual and industrial property rights.
Warranty ExclusionThe Application is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will be uninterrupted or error-free or that it will be free of viruses or bugs.
The Owner shall endeavour to ensure that the Application is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the Owner's control or for events of force majeure.
Limitation of LiabilityThe Holder shall not be liable to the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its own control or that of its suppliers.
Furthermore, the Holder shall not be liable for any damages, losses and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, the User being only entitled to a full refund of the price paid and any additional charges incurred.
The Cardholder accepts no liability for any fraudulent or unlawful use that may be made of credit cards and other means of payment by third parties, as it does not come into contact in any way with the payment data used (credit card number, cardholder's name, password, etc.).
The Holder shall not be liable for:
- any loss of business opportunity and any other loss, even indirect, that the User may suffer that is not a direct consequence of the breach of contract by the Controller
- incorrect or inappropriate use of the Application by Users or third parties
- the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry
Under no circumstances may the Holder be held liable for more than double the amount paid by the User.
Force majeureThe Controller shall not be liable for any failure to perform or delay in performing its obligations due to circumstances beyond the Controller's reasonable control due to force majeure events or, in any event, to unforeseen and unforeseeable events and, in any event, beyond its control.
The fulfilment of obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Controller shall do everything in its power to find solutions that enable the proper fulfilment of its obligations despite the persistence of force majeure events.
Linking to third-party sitesThe Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the content of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, with respect to which the Owner accepts no responsibility.
Applicable law and jurisdictionThe Conditions are subject to Italian law.
For the Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring proceedings before a judge other than the "consumer court" pursuant to Article 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This is without prejudice to the application to Consumer-Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the time limit for exercising the right of withdrawal, the deadline for returning the Products, in the event of the exercise of this right, the manner and formality of its communication, and the
legal guarantee of conformity.
Online Dispute Resolution for Consumer UsersThe Consumer User residing in Europe should be aware that the European Commission has set up an online platform providing an alternative dispute resolution tool. This tool can be used by the User Consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and provision of services concluded online. Accordingly, the User Consumer may use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/