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1. Definitions
2. Object
The purpose of these Terms and Conditions is to inform all potential Customers of the terms and conditions under which Eldan Cosmetics sells and delivers Products, and to define the contractual rights and obligations of the Parties in relation to the sale of Products and the provision of any services offered on the Website by Eldan Cosmetics. These GTC apply, without limitation or condition, to all sales of Products and services offered by Eldan Cosmetics on the Website.By submitting an Order, the Customer fully and unconditionally accepts these GTC, as well as the Website’s Terms and Conditions.Eldan Cosmetics reserves the right to modify the GTC at any time and without prior notice. It is the Customer’s responsibility to periodically review the GTC to verify whether any changes have been made. In any case, it is understood that the GTC applicable to the Order are always those accepted by the Customer at the time the Order is submitted.The GTC constitute an integral part of the Website’s Terms and Conditions.The Customer may not purchase the Products if he or she is a minor or, for any reason, lacks legal capacity. By submitting an Order, the Customer automatically declares that they have full legal capacity to act and to enter into a contract for the purchase of Products and/or services on the Website in accordance with these Terms and Conditions. It is expressly understood that Eldan Cosmetics shall in no event be required to verify the legal capacity of Website visitors or Customers. If a person lacking the necessary legal capacity (e.g., a minor) places an Order on the Website, without prejudice to the liability of their parents or legal guardians for such Order and the related payment, Eldan Cosmetics may refuse to accept and/or process the Order.The Customer represents and warrants that the purchase of Products on the Site is not made in the course of their professional activity and is intended for strictly personal use.These Terms and Conditions must be carefully reviewed by the Customer prior to completing the purchase process for Products and/or services via the Site. These Terms and Conditions may be printed and retained by any person who has visited the Site.
3. Seller Information
Company Name: Eldan Cosmetics Italia srlRegistered Office: Strada Sora 47Zip Code: 27100City: Pavia (PV)Country: ItalyVAT/Tax ID: 01709310187Business Registry No.: R.E.A. CCIAA PV 215358
Certified Email: eldancosmetics@pecsicura.itEmail: eldancosmetics@leprestige.com.com
4. Product CharacteristicsThe Customer may select one or more Products from the various categories available on the Website.Eldan Cosmetics may change at any time the assortment of Products offered for sale on its Website and/or the information relating thereto, such as prices, descriptions, or availability, without any obligation to provide prior notice. Such changes, if made after Eldan Cosmetics has accepted the Order submitted by the Customer, will not affect the Products included in the Order, subject to the provisions of Article 5 below regarding Product availability.Before submitting the Order, the Customer may review on the Website all the information referred to in Article 49 of the Consumer Code, including, by way of example and without limitation, information regarding the Seller, the price (including taxes and shipping costs), the essential characteristics of the Products or services the Customer wishes to purchase, and all other mandatory information required by Italian law.The Products comply with the applicable legislation in Italy in force at the time of the Order. Products purchased by the Customer may only be delivered within the Territory. Eldan Cosmetics cannot be held liable for the non-compliance of the Products with the legislation of the different country in which the Customer wishes to use the Products.For any questions regarding the Products and their use, or for any further inquiries or requests for clarification, the Customer may contact Customer Service via email at the following address: eldancosmetics@leprestige.com.
5. Product AvailabilityThe offers presented by Eldan Cosmetics are valid for as long as they are published on the Website and while supplies last. For Products not immediately available in Eldan Cosmetics’ warehouses, the offers published on the Website are subject to availability. Information regarding Product availability will be provided to the Customer upon sending an email confirming receipt of the Order (hereinafter, the “Order Confirmation Email”).Even after the Order Confirmation Email is sent, there may be instances of partial or total unavailability of the Products. In such cases, the Customer will be promptly informed via email and/or telephone and may decide:
6. Ordering ProductsEach Order submitted by the Customer implies, in addition to acceptance of these GTC, acceptance of the Privacy Policy and, in general, the Terms and Conditions, and constitutes an offer to purchase the Products specified in the Order.All orders are subject to acceptance by Eldan Cosmetics, which reserves the right, at its sole discretion, to refuse an order without providing a reason, including in cases where:
Eldan Cosmetics also reserves the right the right to suspend or cancel the processing of an Order and/or delivery, regardless of the nature and progress of the processing, in the event of non-payment or partial payment of any amount owed by the Customer, in the event of payment issues, or in the event of fraud or attempted fraud related to the use of the Site, including with respect to previous Orders.In the event of Order rejection, Eldan Cosmetics will notify the Customer, within 30 (thirty) business days of the Order being placed, of the inability to accept the Order. The Customer may review the details of their Order and correct any errors prior to confirming/submitting the Order.Once the Customer has confirmed the Order, the Customer declares that they have knowingly accepted the content and conditions of the Order in question and, in particular, these GTC and the Terms and Conditions, the prices, volumes, characteristics, quantities, and delivery times of the Products offered for sale and ordered by the Customer.
Once the Order has been submitted, the Customer may not cancel it; however, we recommend contacting Customer Service to resolve any issues related to the Order. The Customer may, however, exercise the right of withdrawal, as provided for in Article 12 below.The sale will be final only upon acceptance of the Order by Eldan Cosmetics, through the sending of an Order Confirmation email to the Customer.A second email will be sent to the Customer upon shipment of the Products included in the Order.Eldan Cosmetics shall be entitled to collect the full price of the Order upon sending the Order Confirmation email.
7. Product PricesThe prices of the Products offered for sale on the Website are listed in Euros and are the prices in effect at the time the Customer places the Order. Eldan Cosmetics may modify the selling prices of the Products at any time and without notice. Such modification will be communicated to the Customer prior to the submission of any Order.
Product prices include the VAT applicable at the time the Order is placed. Any change in the applicable VAT rate will be automatically reflected in the price of Products sold by Eldan Cosmetics through the Website.Product prices do not include shipping costs, which cannot be calculated in advance and will therefore be determined and billed to the Customer in addition to the price of the Products. Shipping costs are described below in these Terms and Conditions and may be modified at any time by Eldan Cosmetics; however, such changes will not apply to Orders already placed and accepted by Eldan Cosmetics. Eldan Cosmetics encourages the Customer to review the Terms and Conditions regularly.The costs and delivery times for the various shipping methods can be viewed at the following link.
8. PaymentThe Customer warrants to Eldan Cosmetics that they have the necessary authorizations to use the payment method selected for their Order at the time the Order is placed. All Orders are payable in Euros, including taxes and mandatory fees. Any bank charges shall be borne exclusively by the Customer, even in the event of a refund.
In the event of non-payment or late payment of the Order by the Customer, Eldan Cosmetics reserves the right to charge late payment interest at the statutory rate starting from the tenth business day following the date of the Order or the notification of the rejection of the bank payment.The payment methods are as follows:
Eldan Cosmetics reserves the right, in any case, the right to suspend or cancel, at its sole discretion and at any time, the fulfillment of an Order and/or the shipment of the ordered Products in the event of non-payment or partial payment of any amount owed by the Customer, in the event of late payment, or in the event of fraud or attempted fraud through the use of the Eldan Cosmetics Website, including in relation to previous Orders.To ensure the security of credit card payments, the Customer must provide Eldan Cosmetics with the security code (CVV) indicated on the credit card used by the Customer.Eldan Cosmetics also reserves the right to request a photocopy of the Customer’s ID for any payment made by credit card, as well as any other information regarding the Customer’s identity necessary to verify the Customer’s identity in order to ensure the security and accuracy of transactions made through the Website.As part of the fight against Internet fraud, information regarding the Customer’s Order may be transmitted to third parties authorized by law or designated by Eldan Cosmetics to verify the Customer’s identity, the validity of the Order, the payment method used, and the delivery location.
9. Receipts and InvoicesPurchase receipts will be sent via email to the email address provided by the Customer when registering their Account on the Website.In addition to the purchase receipt, the Customer may request that an invoice/receipt be sent. To do so, the Customer must send a specific request to Customer Service via email (to the following address: eldancosmetics@leprestige.com) no later than 2 business days after receiving the Order Confirmation email, providing the following information:- First and last name;- Billing address, including ZIP code;- Tax ID and VAT number.
10. Delivery of ProductsThe Products ordered by the Customer in accordance with these GTC will be delivered to the address indicated by the Customer as the Shipping Address within the Order.Eldan Cosmetics ships exclusively within the Territory, using:- DHL for Italy and Europe (including the Republic of San Marino and the Vatican City State);A representative of the selected shipping company will deliver the order to the Customer or the recipient.Deliveries are made on business days (Monday through Friday).No claims regarding the shipment itself may be made if the package is shown to have been delivered. For this purpose, the carrier’s computer system serves as the definitive record.Eldan Cosmetics shall not be held liable for any delays in processing the Order or delivering the Products.Shipping times for Products are generally between:- 2–5 business days for shipments within Italy (including the Republic of San Marino and the Vatican City State);- 2–7 business days for shipments outside Italy but within Europe.Delivery times begin from the moment the email confirming shipment of the Products to the Customer is sent.Once prepared and shipped, the Order will be assigned a package tracking code that will allow the Customer to stay updated on the shipping and delivery status of the Products.Import taxes and duties will be the responsibility of the Customer and will be charged to the Customer, including any fees owed to the shipping company responsible for delivering the Products. Unfortunately, Eldan Cosmetics has no control over these costs, as they are imposed by the local customs office of the country to which the Products are shipped, and Eldan Cosmetics is therefore unable to provide assistance with these procedures. Eldan Cosmetics advises the Customer to verify the applicable import charges in any country before ordering Products to be delivered to such countries.For more details, visit the “Shipping and Returns” section of the Website.No delivery deadline is binding on Eldan Cosmetics or the shipping carriers, with the result that the latter shall in no event be liable for any damages incurred by the Customer and/or the recipient of the Products due to a delay in delivery.
11. Defects, Non-Conformities, and Damage to Products
11.1 Defects and Damage to the Outer Packaging at the Time of DeliveryUpon delivery of the Products by the courier, the Customer is required to verify that the packaging is intact, undamaged, not wet, and not otherwise altered, including the sealing materials (adhesive tape or strapping). Any damage must be, under penalty of forfeiture:
- immediately reported to the courier making the delivery. Once the courier’s document has been signed without reservation, the Customer may not raise any objection regarding the external characteristics of the delivered goods; and, furthermore,
- reported no later than the following 2 (two) days, via email to Customer Service at the following address: eldancosmetics@leprestige.com.
11.2 Defects, Non-Conformity, and Damage to ProductsIn the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the statutory warranty set forth in Articles 130 and 132 of the Consumer Code shall apply. The Customer is entitled to have the goods brought into conformity, free of charge, through repair or replacement. If these remedies fail, the Customer is entitled to an appropriate price reduction or to terminate the contract. The Customer forfeits these rights if they do not report the lack of conformity to Eldan Cosmetics within two months of the date on which they discovered the defect. Eldan Cosmetics is liable when the lack of conformity becomes apparent within two years of the Product’s delivery. The right to claim for defects not fraudulently concealed by Eldan Cosmetics expires, in any case, twenty-six months after the Product’s delivery.The Customer may contact Customer Service to learn how to return damaged, non-compliant, and/or defective Products. The Customer must follow the procedure for returning damaged, non-compliant, and/or defective Products as indicated by Customer Service. Otherwise, the Customer will not be entitled to any refund or replacement of the Products in question. Furthermore, even if defective, in order to be eligible for replacement, the Product must, at the time of return to Eldan Cosmetics, be complete with the packaging and all accessories and documentation received by the Customer at the time of delivery. Returning the Product without the original packaging, accessories, and documentation mentioned above prevents Eldan Cosmetics from obtaining a replacement from the manufacturer and makes replacement impossible.
11.3 Return of ProductsIn the event of a complaint pursuant to paragraphs 11.1 and 11.2 above, Customer Service may conduct any investigation deemed necessary to resolve the matter.Once the returned Products have been received from the Customer, Eldan Cosmetics will verify the validity of the Customer’s complaint. If the verification is positive, in accordance with the provisions of Articles 130 et seq. of the Consumer Code, Eldan Cosmetics will replace the defective, damaged, or non-compliant Product and send it to the Customer as soon as possible and in any case within 30 (thirty) business days of receiving the Products. Shipping costs will be entirely borne by Eldan Cosmetics. In the event that Eldan Cosmetics is unable to replace the Products within the aforementioned timeframe, Eldan Cosmetics will immediately notify the Customer at the email address provided upon Account registration and will offer the Customer the following alternatives:- refund to the Customer the cost of such Products and shipping costs (if the Customer provides proof of the cost incurred to return the Products); if the Customer chooses this option, Eldan Cosmetics will refund the price by crediting the relevant amount via the payment method used for the original purchase, as soon as possible and in any case within 30 (thirty) business days from the date the Products are received;- issue a credit (equal to the cost of such Products and shipping costs if the Customer provides proof of the cost incurred to return the Products), with the provision of an Online Voucher to be used for purchases on the Site.If, after examining the returned Products, Eldan Cosmetics deems the complaints to be unfounded, the Customer will not be entitled to a refund and the Products will be returned to them at the Customer's expense.
12. Withdrawal
12.1 Right and Time Limit for WithdrawalIn accordance with Article 52 of the Consumer Code and without prejudice to the exclusions set forth in Article 59 of the same Consumer Code (in particular, the purchase of clearly personalized goods or the supply of sealed goods that are not suitable for return for hygiene or health protection reasons and were opened after delivery), the Customer may, within 14 (fourteen) days of taking physical possession of the package containing the ordered Products or, in the case of multiple goods ordered by the Customer in a single Order and delivered separately, from taking physical possession of the last Product purchased, withdraw from the purchase contract without penalty and without giving any reason.In the case of purchasing a service, the Customer may exercise the right of withdrawal within 14 (fourteen) days from the date of receipt of the Order Confirmation Email, provided that the provision of that service has not yet been completed. The Gift Card shall be considered a service within the meaning of this clause.To meet the withdrawal deadline, the Customer simply needs to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
12.2 How to Exercise the Right of WithdrawalTo exercise the right of withdrawal, the Customer must inform Eldan Cosmetics of their decision to withdraw from the contract by registered mail sent to Strada Sora, 47, 27100 Pavia (PV), or by email to eldancosmetics@leprestige.com. To this end, you may use the standard withdrawal form provided in Annex I, Part B of the Consumer Code, with the following content:
- Recipient:Returns to Eldan Cosmetics Italia S.r.l., Strada Sora, 47, 27100 Pavia (PV), email eldancosmetics@leprestige.com:
I, the undersigned __________, hereby notify withdrawal from the purchase contract for the following goods: [insert description of the products purchased], ordered on _________ (or received on __________)- Customer's Name, Surname, Address- Customer's Signature (only if the form is notified on paper)- Date
12.3 Consequences of Exercising the Right of WithdrawalOnce the right of withdrawal has been exercised pursuant to this Article, within the terms and according to the procedures described below for returning Products, the Customer may choose to obtain:- a refund of the amount paid for the returned Products, by crediting the relevant amount via the payment method used;- a credit equal to the price of the returned Products in the form of an Online Voucher, usable only on the Website.
12.4 Return Costs and Product Return ProceduresIn accordance with the provisions of Article 57, paragraph 1, of the Italian Consumer Code, return costs will be borne exclusively by the Customer.
If the Customer decides to exercise the right of withdrawal, the Customer must return the goods to Eldan Cosmetics without undue delay and, in any case, within 14 (fourteen) days from the date on which the Customer notified Eldan Cosmetics of their decision to withdraw from the contract. The Customer is responsible for the direct cost of returning the Products.
The Customer is liable for any decrease in the value of the Products resulting from handling the Products beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
If the right of withdrawal is exercised, Eldan Cosmetics shall not be liable for the shipping costs of the return or for any loss or damage to the Products attributable to third parties.
The Products must be returned to Eldan Cosmetics in their substantial integrity, with their original packaging, accessories, instructions for use, and anything else supplied with them, by mail to the following address:
Returns to Eldan Cosmetics Italia S.r.l.
Strada Sora 47
27100 – Pavia (PV)
Italy
Attn: Returns Department
Eldan Cosmetics accepts only properly addressed packages or registered mail.Any risk associated with the return of the Products shall be borne exclusively by the Customer and/or the recipient of the Order, unless the Customer/recipient of the Order can demonstrate that they have arranged for the return of the Products with a carrier.
12.5 Exclusion of the Right of Withdrawal
Notwithstanding the fact that the right of withdrawal cannot be exercised in the cases provided for in Article 59 of the Consumer Code (including the purchase of sealed goods that cannot be returned for hygienic reasons, such as cosmetics, if they have been opened after delivery), the Customer, pursuant to Article 57(2) of the Consumer Code, is in any case liable—in all other cases—for any decrease in the value of the Product and/or its packaging resulting from handling of the Product and/or its packaging beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
Should the exclusions provided for in Article 59 of the Consumer Code apply, or should the value of the product decrease as a result of handling to the extent that the product can no longer be sold, the right of withdrawal cannot be validly exercised, and if the Customer has nevertheless returned the Product, they will not be entitled to a refund from Eldan Cosmetics of the price paid for the purchase of the Products. The sale will therefore be considered definitively concluded, and Eldan Cosmetics will proceed with returning the Products to the Customer.
To this end, Eldan Cosmetics will send the Customer a notice requesting that they provide an address to which the Products can be returned. The Customer must provide the address to which the Products for which the return was rejected are to be sent within 90 (ninety) days of receiving the notice from Eldan Cosmetics.Once the aforementioned 90 (ninety) days have elapsed without Eldan Cosmetics having received a response, the Customer will no longer be entitled to the return of the Products, and Eldan Cosmetics will have the right to proceed with the disposal of the Products.Any costs associated with the return of the Products by Eldan Cosmetics to the Customer shall be borne by the Customer.
13. TermThese Terms and Conditions, as amended from time to time, shall apply for as long as the Products are offered for sale on the Website and until the expiration of the warranty periods.In any event, Section 14 (Liability) shall survive the termination of these Terms and Conditions.
14. ResponsibilityEldan Cosmetics assumes no liability for disruptions attributable to the courier, to the actions of a third party, to the Customer’s fault, or attributable to force majeure or unforeseeable circumstances, including those resulting from malfunctions or disruptions in the Internet network, in the event that it is unable to fulfill the Order within the timeframes set forth in these Terms and Conditions.Eldan Cosmetics shall also not be liable for any damages, losses, or costs incurred by the Customer as a result of the failure to fulfill the Order for reasons not attributable to Eldan Cosmetics, unless such failure is due to an act or omission by Eldan Cosmetics; in the latter case, the Customer shall be entitled only to a full refund of the price paid and any ancillary charges incurred.Eldan Cosmetics cannot be held responsible for any information, data, or technical or other inaccuracies that may be contained on the Website, provided that such information was provided by third parties and verified by Eldan Cosmetics in accordance with the standards of reasonable care. In particular, the information and content available on the Site are provided “AS IS” (in their current state) and Eldan Cosmetics makes no warranty of any kind, whether express or implied, regarding the integrity, accuracy, timeliness, non-infringement of third-party rights, availability, reliability, or completeness of the information and content, including, by way of example, information regarding the Products, accessories, or services appearing on the Site and/or their suitability for a specific use. Eldan Cosmetics shall not be liable in any way for the improper use of the Products and/or services by the Customer and/or recipient of the Order, and in particular in the event of failure to comply with the instructions for use of the Products. Eldan Cosmetics shall not be liable in any way for any damages caused to the Customer or third parties arising from such non-compliant use.Eldan Cosmetics assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, or other means of payment when paying for purchased Products, provided that it can demonstrate that it has taken all possible precautions based on the best available technology and expertise at the time and in accordance with ordinary diligence.Eldan Cosmetics disclaims all liability for direct and indirect damages, whether foreseeable or not, resulting from and/or related to the Customer’s use of the Website. Should Eldan Cosmetics be held liable for any loss suffered by the Customer and attributable exclusively to the transmission of an Order, such liability shall be limited to the amount of the Order actually paid by the Customer to Eldan Cosmetics.Nothing in these Terms and Conditions excludes or limits Eldan Cosmetics’ liability to the Customer and/or the recipient of the Order for fraud, death, or personal injury caused by Eldan Cosmetics’ negligence, a breach of the applicable provisions of the Italian Consumer Code, or any other liability that cannot be excluded or limited by law. Any claim filed by users of the Site, including all Customers, against Eldan Cosmetics must be filed, under penalty of forfeiture, within 6 (six) months following the occurrence of the event that is the subject of the claim.The use of the Customer’s username and/or registration/login password constitutes proof of the Customer’s identity for the purpose of Eldan Cosmetics exercising its right, following the sending of the Order Confirmation Email, to demand payment of the relevant amounts. The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and render the amounts indicated for the purchase of the Products listed in the Order due and payable. The computer records of Eldan Cosmetics and Eldan Cosmetics’ partners shall constitute proof of the communications, Orders, and payments exchanged between the Parties.Eldan Cosmetics and/or its business partners shall not be held liable in any way for the misuse and/or disclosure to third parties of the Customer’s registration/login information.Prior to use, the Customer is required to ensure that they are not allergic to any of the ingredients in the Products. Eldan Cosmetics shall not be liable for any reactions to the ingredients in the Products sold.
15. ImagesEldan Cosmetics strives to ensure that the colors of the images displayed on the Customer’s screen are as close as possible to the actual colors of the Product. However, Eldan Cosmetics cannot under any circumstances guarantee an exact and precise color match, as the hues of images and photographs may vary due to a variety of factors, including screen settings and resolution.
16. Customer ObligationsThe Customer agrees to pay the price of the purchased Product(s) within the timeframes and in the manner specified in these Terms and Conditions.The Customer agrees, upon completion of the online purchase process, to print and retain these Terms and Conditions.The Customer is solely responsible for the accuracy of the data entered during the registration process and agrees not to enter false, fabricated, or fictitious information. The Customer holds Eldan Cosmetics harmless from any liability arising from the issuance of incorrect tax documents due to inaccurate data provided by the Customer.The protection of its Customers’ personal information and the provision of a high level of security are priorities for Eldan Cosmetics, but the Customer is also required to protect their own personal data. In particular, the Customer must maintain the security of their online transactions, for example by refraining from disclosing their username (the Customer’s email address) and/or password to others and changing that password regularly.
17. Medical Care and TreatmentsNo Product should be used as a substitute for medical care or clinical treatments.The information published on the Site is not intended as a cure or treatment for dermatological problems and should in no way be considered as such.The suggestions provided on the Site or by Customer Service for informational and/or illustrative purposes should never be considered a substitute for a doctor’s advice.
18. Retention of TitleOwnership of the ordered Products shall remain with Eldan Cosmetics until the full amount of the Order, including shipping costs, taxes, and other mandatory charges (where applicable), has been paid in full by the Customer.
19. Intellectual PropertyThe Eldan Cosmetics trademark, all figurative and non-figurative trademarks appearing on the Products and on the Website, as well as the images, illustrations, and logos, and any content on the Website (including, without limitation, the Terms and Conditions and these GTC) are the exclusive property of Eldan Cosmetics and/or the respective owners of the intellectual property rights thereto.The reproduction, in whole or in part, modification, or use of such trademarks, illustrations, images, and logos, or of any other content on the Website, for any reason and by any means, without the express written authorization of Eldan Cosmetics and/or the respective owners of the intellectual property rights thereto is strictly prohibited.
20. Personal DataEldan Cosmetics collects and processes the Customer’s personal data and, where applicable, that of the recipient of the Order in order to provide its Products and services in accordance with these GTC. For information regarding the processing of the Customer’s personal data and, where applicable, that of the recipient of the Order, please consult the Website’s Privacy Policy, available at the following link.
21. General Provisions
21.1 Partial InvalidityIf one or more provisions of these GTC are declared invalid or unenforceable due to a change in the law or following a ruling by a competent court, the remaining provisions of these GTC shall remain fully valid and enforceable.
21.2 WaiverThe fact that one of the Parties does not enforce a breach of any of the obligations contained in these GTC against the other Party shall not be construed as a waiver of the right to enforce such obligation in the future.
21.3 Governing Law and JurisdictionThese T&Cs and all sales of Products and services on the Site are governed by Italian law. Any dispute regarding the validity, interpretation, performance, or termination of these T&Cs shall, in the absence of a settlement, be referred to the competent Italian courts based on the Customer’s place of residence or domicile.The Customer also has the option to resolve any disputes regarding purchases of Products, without resorting to court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.
TERMS OF USE
1. Information About the Website OwnerThis website, eldancosmetics.com, its subdomains, including its mobile version and related application, where available (hereinafter collectively referred to as the “Website”), are owned and operated by Eldan Cosmetics Italia S.r.l., a company incorporated under Italian law with a fully paid-up capital of €10,300.00 (ten thousand, three hundred), registered with the Pavia Chamber of Commerce under R.E.A. CCIAA PV 215358, VAT number and tax code 01709310187, with registered office in Pavia, Strada Sora 47, ZIP Code: 27100, Email: eldancosmetics@leprestige.com
2. IntroductionThe Website is an e-commerce platform designed for the online purchase of cosmetic products and any ancillary services offered by Eldan Cosmetics to any user of the Website (hereinafter “User”).Access to and use of the Website by any User, regardless of the purpose of their visit—whether for browsing or purchasing—are governed by these General Terms and Conditions of Use (hereinafter also referred to as “GTCU”).
By accessing and using the Site, the User agrees to be bound by these General Terms of Use. If the User does not wish to accept the General Terms of Use, the User must not use the Site.In the event of the purchase of products and/or services available on the Site, the General Terms and Conditions of Sale (available at the following link) shall also apply.Eldan Cosmetics reserves the right to suspend or terminate a User’s access to the Site at any time, without notice, if Eldan Cosmetics (a) has reasonable grounds to believe that these Terms of Use and/or General Terms and Conditions of Sale and/or any other rule on the Site have been violated, or (b) deems it necessary to do so for security reasons.
3. Changes to the Terms of UseEldan Cosmetics may periodically make changes to the Terms of Use.The User acknowledges and agrees that, in the event of using the Site after the date on which the Terms of Use have been modified, such use shall be deemed an implicit acceptance of the modified Terms of Use.It is the User’s responsibility to periodically review the Terms of Use to verify whether any changes have been made.
4. Personal DataFor information regarding Eldan Cosmetics’ processing of the User’s personal data when visiting and interacting with the Site, please refer to the Site’s Privacy Policy.
5. AccountThe User may choose to register their information through the Site and create a personal account (hereinafter, the “Account”). Without an Account, the User may access or use only some of the services or options offered on the Site.To create an Account, you must provide:a) First and last name;b) Residential address;c) Email address;d) Password required to access the Account.
The processing of such data will be carried out in accordance with the Privacy Policy (available at the link).The User is solely and entirely responsible for maintaining the confidentiality of their login information and for controlling access to their personal Account. The User shall be solely and exclusively responsible for all activities carried out through their Account (including, by way of example only, any purchase of products made through their Account and/or any comment and/or review posted on the Site).The User must immediately notify Eldan Cosmetics of any security breach or unauthorized use of the Account credentials of which they become aware.Eldan Cosmetics reserves the right to suspend and terminate a User’s Account at any time and without notice if Eldan Cosmetics (a) believes, in its sole discretion, that the User is using their Account in violation of these Terms of Use and/or the General Terms and Conditions of Sale and/or any other rule set forth on the Site, (b) has reason to believe that a third party is using another User’s Account without the latter’s consent, or (c) for security reasons or for Website maintenance purposes.
6. Intellectual Property
6.1. Website and Protected MaterialThe User acknowledges and agrees that the Website contains confidential information protected by intellectual property laws. All intellectual property rights in the Site, including but not limited to software or HTML code, newsletters, texts, databases, drawings, photographs, images, designs, video and/or audio material, and any other material contained on the Site (hereinafter, the “Protected Material”), are the exclusive property of Eldan Cosmetics and/or its licensors. All Protected Material is made available to the User by Eldan Cosmetics and/or its licensors exclusively for personal and non-commercial use. By way of example and without limitation, the User may not:a) copy, reproduce, publish, transmit, distribute, perform, display, communicate, modify, create derivative works, reverse engineer, sell, license, or otherwise exploit the Site, or any part of the Protected Material, including, by way of example only, including or creating a link to the Site or any part of the Protected Material, without the prior written authorization of Eldan Cosmetics;b) access or use the Site or any part of the Protected Material for commercial purposes or for any other purpose that competes with Eldan Cosmetics and/or its licensors.
6.2. TrademarksThe User acknowledges and agrees that Eldan Cosmetics and/or the other companies in the group to which Eldan Cosmetics belongs, and/or its licensors, are the exclusive owners of the Eldan Cosmetics trademark and logos, as well as any other trademarks and/or logos appearing on the Site (hereinafter, the “Trademarks”). Any use of the Trademarks by the User is strictly prohibited and constitutes a violation of Eldan Cosmetics’ intellectual property rights. Eldan Cosmetics reserves the right to seek damages in the event of trademark infringement and/or any violation of its intellectual property rights.
6.3. HyperlinksThe Site may from time to time contain hyperlinks to other sites, web pages, or third-party content. Eldan Cosmetics does not control such sites, web pages, and third-party content and, therefore, shall in no event be held liable for the accuracy, correctness, security, or reliability of any site, web page, or third-party content, nor shall it be liable in any way for the content, advertising, products, services, or any other information or data present on or derived from such third-party sites or web pages. Furthermore, Eldan Cosmetics shall not be held liable for any damages or losses incurred by the User as a result of accessing, using, or relying on such third-party sites, web pages, or content.
The creation of links to the Eldan Cosmetics Website, the framing of the Website, and, more generally, any use of the Website’s Protected Material or any part thereof, are subject to the prior and express written authorization of Eldan Cosmetics, which may be revoked at any time at Eldan Cosmetics’ sole discretion. Eldan Cosmetics reserves the right to:a) request the removal of any link to the Site that has not been, or is no longer, authorized;b) seek compensation for damages suffered as a result of the unauthorized link.
7. Social MediaThe User may, where permitted by the features available on the Site from time to time, have the option to share certain information (product features, images, news) present on the Site on social networks (such as, for example, Facebook, Twitter, Pinterest, etc.). Such publication will be accompanied by a message prepared by Eldan Cosmetics that may be customized by the User. For example, by clicking the “Like” or “Share on Facebook” icon, the content will be uploaded to Facebook. Content shared on social networks is subject to the terms and conditions of use of each social network, which the User must therefore review in advance. The User is solely responsible for the publication on social networks of content originating from the Site, and Eldan Cosmetics cannot under any circumstances be held liable for the use of such content once it has been published on social networks. The User agrees to indemnify and hold harmless Eldan Cosmetics from any harmful consequences arising from the User’s publication on social networks of any content originating from the Site and/or its combination with any other content. If a User finds a product on the Site interesting and wishes to share its details with a third party they know (for example, a friend or family member), they may click on the envelope icon, where available on the Site, and enter that person’s name and email address. In this case, an email containing information about the product will be automatically sent to the recipient selected by the User. The email is sent under the User’s full and exclusive responsibility, even though it is sent via Eldan Cosmetics’ systems. No information regarding this transmission will be retained by Eldan Cosmetics. The processing of such data is carried out solely for the purpose of technically ensuring the transmission of the User’s email. This communication constitutes private correspondence, and no further use of its content, such as for commercial or advertising purposes, is permitted.
8. User CommentsIn certain sections of the Site, Users who have registered an Account may be permitted to post comments and reviews regarding certain products and/or services offered on the Site (hereinafter “Comments”).Comments may only be posted by Users who have actually purchased the product being reviewed through the Site. Eldan Cosmetics reserves the right to verify the authenticity of Comments and the actual purchase of the product by checking the purchase data in Eldan Cosmetics’ systems.Comments are published, in any case, only after verification to ensure that they do not contain obscene and/or defamatory content and/or content inconsistent with Eldan Cosmetics’ ethical principles and, in general, that they comply with these Terms of Use and, in particular, Article 9. This verification does not involve any assessment of the merit of the opinion expressed.From the time the Comment is submitted until its publication, the time required to complete the checks described above will elapse. Publication times may vary depending on the volume of Comments received and the complexity of the required checks. Eldan Cosmetics undertakes to process Comments as promptly as possible, consistent with the accuracy of the checks and the organizational structure of Eldan Cosmetics.Comments that do not pass authenticity checks or for which the purchase of the product cannot be verified will not be published.This procedure is intended to ensure the reliability of published Content and to protect all Users, in accordance with the principles of fairness and transparency established by the Consumer Code.Regardless of Eldan Cosmetics’ verifications, the User is and remains responsible for the content of their Comments in accordance with the law. Eldan Cosmetics assumes no responsibility for the content of published Comments.
9. General Restrictions on Use of the Site and User Conduct
The User is required to use the Internet responsibly and with respect for the rights of other users of the Site and, in general, of other Internet users.In particular, by accessing the Site, the User shall refrain from:a) uploading to the Site, publishing, sending via email, or transmitting by any other means content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, indecent, invasive of another’s privacy, unpleasant, offensive, or objectionable from a racial, ethnic, or other perspective;b) uploading to the Site, posting, sending via email, or transmitting by any other means unsolicited or unauthorized advertising or promotional materials, false information, chain emails and/or letters, or any other form of unauthorized commercial solicitation;c) upload to the Site, post, send via email, or transmit by any other means materials containing viruses or other code, files, or programs designed to destroy, damage, disrupt, or limit the operation of any software and/or hardware or any electronic telecommunications networks;d) interfere with or disrupt the operation of the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules, or regulations of the networks connected to the Site;e) danneggiare o tentare di danneggiare la fruizione del Sito da parte di qualsiasi Utente, host o rete, ivi incluso senza limitazione, mediante l’introduzione di virus nel Sito, il volontario sovraccarico o saturazione del server e/o delle caselle e-mail o, ancora, la falsificazione delle informazioni del protocollo TCP/IP o qualsiasi altra informazione facente parte delle intestazioni incluse in qualsiasi messaggio e-mail;f) apportare o tentare di apportare modifiche o alterazioni a qualsiasi parte del Sito;g) accedere a dati non destinati all’Utente o eseguire l’accesso a un server/account cui l’Utente non è autorizzato ad accedere;h) provare ad accertare o testare la vulnerabilità di un sistema o di una rete o, ancora, provare a violare le misure di sicurezza o di autenticazione senza aver ricevuto l’autorizzazione;i) usurpare l’identità di un’altra persona;j) svolgere un’attività o indurre un’altra persona a svolgere un’attività illecita o qualsiasi altra attività che possa violare i diritti di Eldan Cosmetics, dei suoi fornitori, partner, distributori o dei suoi inserzionisti o di qualsiasi altro Utente;k) eludere o tentare di eludere, disabilitare o in altro modo interferire con qualsiasi elemento legato alla sicurezza del Sito o elementi che (i) vietino o limitino l’uso o la copia di qualsiasi Materiale Protetto o contenuto e/o (ii) rafforzino le limitazioni sull’uso del Sito o il contenuto accessibile sul Sito;l) trasmettere o trasferire (con qualsiasi mezzo) informazioni o software derivati dal Sito verso Paesi stranieri e/o verso cittadini stranieri in violazione di qualsiasi legge o regolamento nazionale o internazionale.The User agrees to comply with all national and international rules and procedures regarding online conduct and permissible content, including all applicable laws relating to the transmission of technical data.At any time and for any reason, Eldan Cosmetics may, at its sole discretion, implement any system that allows it to suspend and terminate, without notice, the User’s use of the Site or any service offered on the Site, in the event that the User has engaged in or Eldan Cosmetics fears that the User may engage in conduct in violation of these Terms of Use and/or the General Terms and Conditions of Sale and/or any other rule on the Site. Eldan Cosmetics reserves the right to seek compensation from the User for damages in the event of non-compliance with these Terms of Use and/or the General Terms and Conditions of Sale and/or any other rule on the Site.
10. Access to and Use of the WebsiteThe User is personally responsible for providing the necessary computer and telecommunications equipment to access the Eldan Cosmetics website. The costs of connection and the equipment required to access the Internet and use the Eldan Cosmetics website are entirely and exclusively the responsibility of the User.The User acknowledges and agrees that use of the Site is at their own risk. Eldan Cosmetics shall not be held liable for any damage a User may suffer as a result of such use. Eldan Cosmetics disclaims all liability for indirect damages, regardless of their causes, origins, or nature, arising from the use and/or non-use of the Site, as well as from reliance on any information directly or indirectly derived from the Site, including, by way of example and without limitation, costs arising from the imprudent purchase of products and/or services offered on the Site, loss of profits, customers, data, or other losses of intangible assets.
11. LiabilityEldan Cosmetics makes no warranties of any kind, whether express or implied, regarding, in particular, the integrity, accuracy, timeliness, non-infringement of laws, availability, reliability, and completeness of the information on the Site, including information about products, accessories, or services offered on the Site and/or their suitability for any particular use the User intends to make of them.The information published on the Site shall not be construed as a cure or treatment for dermatological problems and must under no circumstances be considered as such. The suggestions provided on the Site or by Eldan Cosmetics; customer service for informational and/or illustrative purposes shall never be considered a substitute for a doctor’s advice.In the event that the User intends to file a complaint against Eldan Cosmetics regarding the Site’s Protected Material and/or the products and/or services offered therein, such complaint must be made by sending written notice to the following address: Corso Magenta 82, 20123 Milan (MI), no later than 6 (six) months following the occurrence of the event giving rise to the complaint. The foregoing does not prejudice the rights of the User acting as a Customer pursuant to the General Terms and Conditions of Sale applicable to purchases made on the Website, as recognized by the provisions of the Consumer Code (Legislative Decree 206/2005).
12. General Provisions
12.1. Validity of the AgreementIn the event that any provision of these Terms of Use is declared invalid or unenforceable due to a change in law or a ruling by a judicial authority, the remaining provisions of these Terms of Use will remain in full force and effect.
12.2. Applicable Law and JurisdictionThese Terms of Use are governed by Italian law, without prejudice to any more favorable consumer protection provisions provided by the laws of the User's place of residence.Any dispute relating to the existence, interpretation, and/or execution, or termination of these Terms of Use will be subject to the jurisdiction of the Courts of the place where the User is domiciled or resident, if in Italy; otherwise, the Court of Milan or the Court of the User's place of residence or domicile.The User also has the option of resolving any disputes, without resorting to court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.
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