Please read these general terms and conditions at www.physionatura.it before making a purchase. The conditions listed below are considered accepted whenever a purchase is finalised.
These conditions govern the relationship between:
- the seller, PDT Cosmetici s.r.l., with registered office in Putignano (BA) in Via Cavalieri del Lavoro Z.I. VAT no. 04754730721, telephone no. +39 0804931509, e-mail email@example.com (hereinafter referred to as the ”Company”)
- the purchaser (hereinafter referred to as the ”Customer”) who makes online purchases on the website www.physionatura.it (hereinafter referred to as the ”Site”), who declares that they are acting, alternatively, as a consumer – a natural person, with purposes unrelated to any commercial, entrepreneurial or professional activity carried out – and is of age (hereinafter referred to as the ”Consumer”) or as a professional – a legal person, entrepreneur or, any other subject with a VAT number – in the case of indicating a VAT number in the purchase process (hereinafter referred to as the ”Professional”).
If the purchaser is a Consumer, these conditions are dictated in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments.
ARTICLE 1 – Subject of the contract
With these general terms and conditions of sale, the Company sells and the Customer buys at a distance the movable goods offered on the Site.
ARTICLE 2 – Acceptance of the general conditions
Before confirming their order, the Customer undertakes to read these general conditions of sale and to accept them during the purchase process.
The link to these conditions is available in the footer of each page of the Site and during the checkout process, so that the Customer can store a copy.
ARTICLE 3 – Conclusion and effectiveness of the contract
By completing the electronic order form on the Site, the Customer sends a purchase proposal to the Company. If the Customer is in possession of discount codes or shopping vouchers, these must be entered in the box provided when completing the above form. Please note that the discount codes are only valid for the products indicated and cannot be combined.
The contract of sale is concluded only when the Company sends the Customer an e-mail confirming the order, which contains the following data: indication of the Customer, delivery address, order number, price of the goods, delivery costs. If the customer does not receive this e-mail within 24 (twenty-four) hours of sending the order, they must contact the Company to make the necessary checks.
The Customer is obliged to check the accuracy of the data contained in the e-mail and to notify the Company of any errors immediately.
Before sending the confirmation of the order, the Company reserves the right to ask the Customer, by e-mail, for further information with reference to the purchase order made on the Site or to not proceed with a purchase proposal, in whole or in part, again informing the Customer by e-mail.
In the latter case: (i) the order will be rectified; (ii) the price or the part of the price relating to the rejected order, if paid, will be refunded, without any right to compensation, revaluation or interest; (iii) the Customer will be informed as soon as possible.
ARTICLE 4 – Availability of products
The availability indicated on the site is to be considered as indicative since the presence of several users may result in the product being sold before the order confirmation is sent. In addition, the product may turn out to be unavailable even after the order confirmation e-mail has been sent. In this case the order will be rectified, the price refunded and the customer informed as soon as possible.
Finally, certain products included in the order placed by the Customer may be temporarily unavailable. In this case, the Company may make a split delivery: the Customer will receive an e-mail detailing which products in his order are temporarily unavailable or may be subject to delays. Without prejudice to the right of withdrawal with regard to the part of the order that is not immediately available to the Consumer, the Customer renounces any judicial or extrajudicial, contractual or non-contractual action for any damage caused by the partial fulfilment of the order.
ARTICLE 5 – Description and representation of products
The product page contains the main characteristics of each good sold on the Site and the Customer must refer to these.
The Company describes the products as closely as possible to reality. However, errors, inaccuracies or differences are possible, not least because of the special nature of the products sold.
The photographs on the site do not constitute a contractual element and are representative only. In addition, the particular conditions under which the products are portrayed (light, position, angle) as well as the characteristics of the instrument used to acquire the images may affect the perception of the product. Similarly, due to changes to the product, including due to the availability of the raw materials used, the products delivered may differ from those represented on the Site (e.g. due to the presence of a different logo to that portrayed in the photographs).
ARTICLE 6 – Prices
The prices shown on the Site are in Euros and all include VAT as required by law.
Shipping costs are shown separately and indicated in the purchase procedure. For orders over €30.00 (thirty//00) from Italy and €100.00 (one hundred//00) from Europe, delivery does not incur any additional cost, which shall be borne by the Company.
If, due to a technical or computer error or for any other reason, the order contains a price that appears disproportionate or in any case incorrect in excess of or below the market value of the goods, the Company may cancel the order and refund the amount paid by the Customer within 14 (fourteen) days.
ARTICLE 7 – Payment methods
The Company accepts the following payment methods for purchases made on the Site:
- Credit card/PayPal. In the case of payment by credit card or PayPal account, the compilation of the data and confirmation of the payment will take place, in security, on the PayPal.com website (PayPal Europe S.à r.l. et Cie, S.C.A), an operator that handles online payments on behalf of the Company. The Company is not in a position to know the information concerning the credit card, which will be transmitted via a secure connection directly to the PayPal.com site. The information will not be stored by the Company, which therefore cannot be held responsible for any fraudulent use of third party credit cards when paying for products purchased.
- Bank transfer. In the event of payment by this method, the order will be sent when the sum is actually credited to the Company’s current account. If the sum is not credited within 7 (seven) working days (excluding public holidays and days before public holidays), the order is cancelled. To this end, partially derogating from the provisions of Article 4, the product is considered to have been ordered and therefore no longer available to third parties only at the time of the crediting of the sum to the Company’s current account. The details for setting up the transfer order are available in the purchase procedure.
ARTICLE 8 – Delivery methods
Shipment normally leaves the Company’s warehouse within 48 (forty-eight) working hours from receipt of payment and is sent by express courier to the address indicated by the Customer in the purchase process.
Delivery shall generally take place within the time indicated in the purchase procedure, and in any case within and no later than 30 (thirty) days from the date of receipt by the Customer of the order confirmation e-mail, except in the case of unforeseeable and exceptional events or reasons not attributable to the Company. In such cases, the Customer shall receive an e-mail indicating the delay.
If the first delivery attempt is unsuccessful, the courier will make a second attempt. If the second attempt is also unsuccessful, due to absence of the addressee or refusal, the parcel will be held at the courier’s warehouse for 5 (five) working days. After that date, if the Customer has not taken steps to collect the package, it will be returned to the Company.
From the moment the purchase is finalised, the package cannot be refused except in the event of tampering or suspicion of damage to the contents caused by alteration of the package. Once the goods are delivered by the courier, the Customer is required to check that the number of packages corresponds to the number indicated in the transport document, that the package contains the products described in the transport document, and that the package is not tampered with, damaged or altered, including the sealing materials (e.g. adhesive tape). If, at the time of delivery of the package, the Customer finds such anomalies (to the wrapping or to the content), they must accept the package, under penalty of inadmissibility of any dispute, by affixing the word “RESERVE” on the Courier’s proof of delivery and must forward a complaint to the Company, under penalty of forfeiture, within 8 (eight) days of delivery. If, at the time of delivery, the Customer does not comply with the procedure described above, they relieve the Company of all responsibility and liability.
Upon receipt of the complaint and any documentation requested from the Customer, the Company shall carry out any checks it deems necessary and may: (i) in the event of missing products, at its discretion, send the missing products to the Customer, or refund the exact equivalent of what was not received and previously paid; (ii) in the event of sending different and/or damaged products, only after the Customer has sent back the different and/or damaged products, in the original packaging, perfectly intact and unused (even for mere testing), with packaging and any accessories, as well as with the tax documentation, at its discretion, replace the product with an equal or equivalent one, or refund the full amount paid by the Customer
In any event, the Customer shall not be able to terminate the contract if the Company remedies the non-performance within 60 (sixty) days of receipt of the e-mail complaint by the Customer.
The Company accepts no liability if it is not possible to perform the order within the agreed time for reasons of force majeure, unforeseeable circumstances, disruption of the Internet and computer services.
Each product is accompanied by a tax document, unless the Customer requests an invoice at the time of ordering, indicating all the data required by law. The invoice cannot be changed after it has been issued or requested after the order has been placed. For Customers who do not have an SDI or PEC for electronic invoicing, the Customer hereby authorises the Company to send a courtesy copy of the electronic invoice issued to the e-mail address provided during registration.
ARTICLE 9 – Right of withdrawal
The Consumer may withdraw from the purchase without justifying the reason within the term of 14 (fourteen) days from the day in which the delivery takes place, regardless of whether the delivery is received by the Consumer or by a third party.
If the consumer has purchased multiple goods in a single order and the delivery is made separately, the time limit commences upon receipt of the last good.
To exercise this right, the Consumer may send an e-mail to firstname.lastname@example.org or a registered letter to the Company’s address – Putignano (BA) in Via Cavalieri del Lavoro Z.I. – a communication expressly stating the decision to withdraw from the purchase or the standard withdrawal form as set out in Annex I, Part B, Legislative Decree 21/2014 (reproduced below). In any case, the communication must indicate: name, surname, address, order number, date of order, date of receipt, the description and codes of the Products in respect of which the right of withdrawal is being exercised, the number and copy of the document (invoice or transport document) proving the purchase and in respect of which the right of withdrawal is being exercised.
In order to comply with the withdrawal period, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
The Consumer must also return the goods within 14 (fourteen) days from the day on which they sent the communication referred to in the previous point, by returning the product to the Company’s address, Putignano (BA) in Via Cavalieri del Lavoro Z.I.
The costs of returning the goods shall be borne by the consumer, up to a presumed maximum amount of €50.00 (fifty//00), as well as the risks of return.
If the Consumer withdraws from this agreement, all payments made to the Company, including delivery costs, shall be reimbursed, with the exception of additional costs resulting from any choice of a type of delivery other than the least expensive type of standard delivery offered by the Company, without undue delay. Such refunds will be made using the same means of payment as was used for the initial transaction, unless expressly agreed otherwise.
The product must be returned in its original packaging with any accessories, as well as any tax documentation, and the Company reserves the right to suspend the refund until receipt of the goods or until the Consumer proves that they have shipped the product. In addition, the product must be in a condition to be resold, i.e.: it must not have been tested or used, it must not be damaged, it must not be tampered with. The Company reserves the right to check that the product complies with the conditions described above and all other conditions that may be provided by law for the withdrawal: if this is not the case, the Company will resend the product to the Consumer, will not make the refund and will charge, in addition, the additional shipping costs.
Pursuant to Art. 59 of Legislative Decree. 206/2005, withdrawal is excluded if: the product is tailor-made or clearly customised; the supply concerns goods that are susceptible to deterioration or rapid expiry; the supply concerns sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery. The Customer is informed and accepts that the last two categories may also include cosmetic products sold on the Site.
This article does not apply to purchases finalised by the Professional, for whom there is no provision for withdrawal.
ARTICLE 10 – Legal guarantee of conformity
In the event of receipt of products that do not conform to the orders, the Consumer shall be entitled to the protections provided for in Articles 129 et seq. of Legislative Decree 206/2005 (so-called. “Consumer Code”) and in particular to the guarantee of conformity of the goods with the contract.
The protections provided for in Articles 129 et seq. of the Legislative Decree. 206/2005 do not apply to the Professional. With regard to the Professional, the Company is obliged to ensure that the articles are free from defects that make them unsuitable for their intended use or significantly diminish their value for a period of twelve (12) months from delivery. The Professional loses the right to the guarantee if they do not report the defects to the Vendor within five (5) working days from their discovery by means of a communication – by e-mail or registered letter with return receipt – or if they intentionally manipulate, modify, damage, accidentally break, tamper with, or improperly use the products, including by means of their own staff or third parties. In compliance with the present article and also in derogation of the remedies of the termination of the contract or of the reduction of the price, the Professional accepts that the Company may, at its discretion, replace or repair the articles for which the warranty is activated with equivalent ones or grant an indemnity equal to the residual value of the defective articles only, taking into account the market value and the state of use of the defective articles. The guarantee shall apply only to defects in the articles, and expressly excludes, but is not limited to, any claims for damage to property other than the articles.
ARTICLE 11 – Use of the site and liability
The Customer is solely responsible for the use of the site and its contents.
The Company shall not be liable for any inefficiency and/or delays resulting from, but not limited to, the following: malfunctioning of the site or the services used by the site, incorrect transmission of data or information, malfunctioning of internet lines, lack of electricity, strikes, delays in deliveries. In any case, except in cases of fraud or gross negligence, the Company’s liability, if any, shall never exceed twice the amount of the consideration provided for in the order and actually paid by the Customer for the individual products that generated the damage. Any compensation due may be paid by the Company, at its discretion, also in a specific form, by means of a supply of products or services. The Company shall not be liable in any way for defects that could have been discovered and/or detected using ordinary diligence during the checks referred to in Article 8.
The Company may, at any time, interrupt the service by connecting to the site, without it being liable for the consequences of such interruptions.
ARTICLE 12 – Nullity of clauses
The nullity or ineffectiveness of one of the clauses of these conditions does not extend to the other agreements.
ARTICLE 13 – Applicable law and disputes
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute involving the Consumer shall be devolved to the exclusive jurisdiction of the Court in the Consumer’s place of residence or domicile, if located within the Italian territory. If, instead, the Consumer has residence or domicile in a territory other than Italy, the Court of Bari shall have exclusive jurisdiction.
Any dispute involving the Professional shall instead be devolved to the exclusive jurisdiction of the Court of Bari.
Pursuant to Article 14 of EU Regulation 2013/542, the Customer is hereby informed that it is possible to optionally resort to mediation procedures for the resolution of any disputes arising from the interpretation and execution of these terms of sale by accessing the following website https://webgate.ec.europa.eu/odr.
In any event, the mandatory provisions of the law of the country in which the Customer resides shall apply.
ARTICLE 14 – Modification of conditions
These conditions may be subject to change, and the date of publication of these conditions on the website shall be equivalent to the date of entry into force.
ARTICLE 15 – Protection of personal data
With regard to the obligations prescribed by EU Regulation 2016/679, General Data Protection Regulation, please refer to the information published on the Site, the links to which are also provided in the footer of each page.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer expressly accepts the following clauses: Article 3. Conclusion and effectiveness of the contract; Article 4. Availability of products; Article 5. Description and representation of products; Article 6. Prices; Article 8. Delivery methods; Article 9. Right of withdrawal; Article 10. Legal guarantee for lack of conformity; Article 11. Use of the site and liability; Article 13. Applicable law and disputes.
ANNEX A – Model form of withdrawal pursuant to Article 49, paragraph 1, letter h) of Legislative Decree no. 206/2005
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/services (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only if this form is on paper)
The conditions are updated at 12/04/2022