Owner of Procosmet Italy and related Services.

Procosmet S.r.l. a socio unico
29/A Solidarity Street
40056 Crespellano BO Italy
Bologna Business Register
C.F/P. VAT: IT02883540243
Share capital V.A.T.: €50000

Introduction

This document

This document constitutes a legal agreement between you, the User, and the company that operates Procosmet Italy and governs your use of the Website and, in each case, your use of the services provided. "Legal Agreement" means that the terms of this agreement, once accepted by you, are binding on you.
For simplicity, "User" "you" "your" and similar terms, both singular and plural, refer to you, the User. "Procosmet s.r.l.", "we" "our" and similar terms refer to the company that owns and operates Procosmet Italy. "Procosmet Italy" refers to this site. "Contract" refers to this document. The Contract is concluded in the Italian language. Other definitions may be found in the "Definitions" section at the end of this Contract.

Acceptance of the Contract

In order to use Procosmet Italy, you must carefully read and accept the Contract. Use of Procosmet Italy implies full acceptance of the Agreement. If you do not wish to accept it, you must refrain from using Procosmet Italy.

About Procosmet Italy

Procosmet Italy is an online store for skin and hair cosmetics and women's lingerie.

Registration, Procosmet Italy Content and Prohibited Use.

Registration

In order to use the Service or part of it, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. It is the User's responsibility to guard his/her access credentials.

Account cancellation and closure of User accounts

Registered Users may deactivate their accounts, request their deletion, or discontinue use of the Service at any time through the Procosmet Italy interface or by contacting the Owner directly at the contact information contained herein.
With account cancellation, the User will only be able to visit Procosmet Italy but will not have access to additional features that require registration.
The Owner reserves the right to suspend or delete the User's account at any time and without notice if it believes that one or more of the following circumstances have occurred:

• User has breached the Agreement;
• access to or use of the Service could cause harm to the Owner, other Users or third parties;
• the User's use of Procosmet Italy may result in a violation of applicable law or regulation;
• in the event of investigations conducted as a result of legal action or public authority involvement;
• the account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in violation of the Agreement or not in line with the Owner's standards.

Content provided by third parties

The Owner does not perform any prior moderation on content or links provided by third parties displayed on Procosmet Italy. The Owner is not responsible for such content or its accessibility.

Services provided by third parties

Users may use services or content included in Procosmet Italy provided by third parties, but must first have read and accepted the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable in connection with the proper functioning or availability, or both, of services provided by third parties.

Disallowed Use

The Service shall be used in accordance with the Terms.
Users may not:

• reverse engineer, decompile, disassemble, modify or create derivative works based on Procosmet Italy or any portion thereof;
• circumvent computer systems used by Procosmet Italy or its licensors to protect content accessed through it;
• copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by Procosmet Italy;
• use any robot, spider, search and/or site-finding application, or any other automated device, process or means to access, retrieve, scrap, or index any portion of Procosmet Italy or its content;
• lease, license or sublicense Procosmet Italy;
• defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
• use Procosmet Italy in any other improper manner such that you violate these Terms.

Purchasing Process and Users' Rights

Paid Services

Procosmet Italy provides some paid services.
The fees, duration and conditions of the accounts and paid services are indicated in the relevant section of Procosmet Italy.

Purchase procedure

Each order submitted constitutes a purchase offer. Orders are subject to availability and discretionary acceptance by the Holder.
The User must select what he/she intends to purchase, in the quantity, duration and characteristics that he/she independently decides, and complete the check-out only after carefully verifying the information contained in the order summary notice. Sending the order triggers the User's obligation to pay the price, taxes, and all additional charges as indicated in the order summary.
The Holder confirms receipt of the order by sending a confirmation email to the address provided by the User. Confirmation of receipt of the order does not constitute acceptance of the order. The contract is concluded when the Holder declares its acceptance by sending an acceptance email to the address indicated by the User. The Holder confirms receipt of the order by sending a confirmation email to the address provided by the User. Confirmation of receipt of the order does not constitute acceptance of the order. The Holder reserves the right not to accept an order by notifying the User without delay to the email address associated with his purchase that what the User purchased is not available. In this case, any payments already made, if any, will be reversed and refunded.

Methods of payment

The payment methods accepted are exclusively those listed when completing the order. Procosmet Italy uses third-party tools for payment processing and does not come into contact in any way with payment details - such as credit card details - provided.
Should the holder of each such third party instrument refuse to authorize payment, the Holder will not be able to provide the Service and will not be responsible for any delay or non-delivery. Any costs of processing User's payments that are not accepted will be charged to the User.

Availability of Products

Prices, descriptions or availability of products displayed are subject to change without notice. Photos included are indicative and do not constitute a guarantee of product qualities.
The descriptions and directions for use of each product, including the expiration date shown online and on or in the packaging of the delivered product are contractually binding. Improper or incorrect use of the purchased products relieves the Owner from any form of liability.

Order Execution.

The order is executed under the terms specified on the summary page and in the order confirmation email, subject to the availability of the product ordered.
The Owner shall not be liable for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the order confirmation email was sent.

Delivery

Deliveries are made during normal business hours to the address provided by the User and in the manner specified in the order summary. The Owner delivers products purchased on Procosmet Italy worldwide, except to the following territories: Bahrain, Bulgaria, Egypt, Hong Kong, Iran, Korea, Malaysia, Mexico, Russia, China, Saudi Arabia, Singapore, Taiwan and Ukraine.
Except where otherwise specified (e.g. non-stock or customized products etc.), products are usually put into delivery within 7 working days after the conclusion of the contract. Times will vary depending on the destination. However, the terms indicated at the time of the purchase order are indicative. Any delays in order fulfillment times will be promptly reported on Procosmet Italy or personally to the User using the email communicated to make the purchase.
Upon delivery, the User must check the contents of the package specifying any anomalies found in the delivery form.
In case of failure to collect within the time limit set by the carrier, the products will be returned to the Holder, who will refund the price of the products, but not the shipping cost. The Holder cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the completion of the purchase order by the User, nor for delays in shipment or any damage that may occur to the products after delivery to the carrier, where the latter has been chosen and appointed by the User.

Right of withdrawal

The User consumer who has purchased one or some of the Services has the right to withdraw from the contract without giving reasons within 14 (fourteen) days from the date of its conclusion. For the purpose of exercising the right of withdrawal, the User is required to inform the Controller, without any formality, of the decision to withdraw by means of an explicit statement sent to the contact information herein. Any refundable amounts will be returned by the Holder without undue delay, and in any event within 14 days following the User's notice of withdrawal, using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise.

Effect of Withdrawal.

If User withdraws from this contract, User shall be refunded all payments that User has made to Holder, including delivery costs (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) without undue delay and in any event no later than 14 days from the day on which Holder is informed of User's decision to withdraw from this contract. Said refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a result of such refund. Refunds may be suspended until receipt of the goods or until User demonstrates that it has returned the goods, whichever is earlier.
The User is requested to return the goods and deliver them to the Holder without undue delay and in any event within 14 days from the day on which the User communicated the termination of this contract. The deadline is met if the User returns the goods before the expiration of the 14-day period. The cost of returning the goods will be borne by the User. The User is only responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

Limitations to the right of withdrawal on products

Products damaged or used other than what is strictly necessary to establish their nature, characteristics and functioning will not be replaced or refunded.
The right of withdrawal does not apply: to goods made to measure or clearly customized or which, by their nature, are likely to deteriorate rapidly, are sealed and not suitable for return for hygienic reasons or are related to the protection of health and have been opened after delivery.

Applicability of withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as their consequences and exceptions, apply exclusively to the User who qualifies as a consumer, i.e. the User acting for purposes unrelated to his or her business or professional activity.

Warranty

The User who purchases as a consumer has the right to warranty on the conformity of the products purchased within the limits of 24 months from the purchase, provided that notice of defects found is given within 2 months of their discovery.
To exercise the right of warranty, the User must contact the Owner at the contact information contained herein, giving an accurate description of the defect found.
If it is established that the product is defective, the User has the right to obtain, at his or her option, repair or replacement of the product. The User also has the right to request from the Holder an appropriate price reduction or termination of the contract in the following cases:

• If repair and replacement are impossible or excessively burdensome;
• if the Holder has not repaired or replaced the good within a reasonable period, but not less than 15 days;
• if the replacement or repair previously carried out has caused significant inconvenience to the User.

The User is still required to return the defective products.

Warranty, indemnification and limitation of liability

Indemnification

The User agrees to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by it, its representatives, directors, agents, licensors, partners, and employees), from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise from damages caused to other Users or third parties, in connection with content uploaded online, violation of the terms of law or the Terms.

Limitations of Liability

Procosmet Italy and all features accessible through Procosmet Italy are made available to Users, on the terms and conditions set forth in the Agreement, without any warranty, express or implied, that is not mandatory by law. In particular, no warranty is given as to the suitability of the services offered for the particular purposes intended by the User. The use of Procosmet Italy and the features accessible through Procosmet Italy is carried out by Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, shall be liable for damages of a contractual and extra-contractual nature to Users or third parties exclusively by way of malice or gross negligence when these constitute an immediate and direct consequence of Procosmet Italy's activity. Therefore, the Owner shall not be liable for:

• any losses that are not a direct consequence of the breach of Contract by the Holder;
• any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, commercial losses, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.);
• damages or losses resulting from interruptions or malfunctions of Procosmet Italy due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of the Owner such as, by way of example and not limited to, failures or interruptions to telephone or electricity lines, the internet network and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the delivery of products, services or applications of third parties and
• incorrect or unsuitable use of Procosmet Italy by Users or third parties.

In particular, Users agree that products purchased on Procosmet Italy must be used according to the directions, procedures and within the expiration dates provided in accordance with the law. Therefore, the Owner shall not be liable for damages arising to the User from improper use of the products.

Miscellaneous

Interruption of Service

In order to ensure Users the best possible use of the Service, the Owner reserves the right to interrupt the Service for system maintenance or upgrade needs, informing Users through constant updates about it on Procosmet Italy.

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any portion of Procosmet Italy and its Services without prior written permission from the Owner, granted directly or through a specific resale program.

Privacy Policy

For information on the use of personal data, Users should refer to Procosmet Italy's privacy policy.

Intellectual Property Rights

All Application trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing concerning Procosmet Italy are and remain the exclusive property of the Owner or in the availability of its licensors and are protected by applicable trademark laws and relevant international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on Procosmet Italy are and remain the exclusive property of such third parties or in the availability of their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own the ownership of such intellectual property and may use it only within the limits of and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

Age Requirements.

Users declare that they are of legal age according to the legislation applicable to them. Minors may use Procosmet Italy only with the assistance of a parent or guardian. Under no circumstances may minors under the age of 13 use Procosmet Italy.

Changes to these Terms

The Owner reserves the right to make changes to the Terms at any time by giving notice to the User by posting it within Procosmet Italy.
Any User who continues to use Procosmet Italy after the publication of the changes accepts the new Terms without reservation.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under the Terms, provided the User's rights hereunder are not affected.
The User shall not assign or transfer in any way its rights or obligations under the Terms without the written permission of the Owner.

Notices

All communications regarding Procosmet Italy should be sent using the contact information set forth in the Agreement.

Ineffectiveness and partial nullity

Should any clause of the Terms be found to be void, invalid or ineffective, the said clause will be deleted while the remaining clauses will not be affected thereby and will remain fully effective.

Prevailing version of these documents

These Terms have been written and revised in the Italian language. Any version of them in any language other than Italian is to be considered a mere translation. In case of any discrepancies or contradictions, the Italian language text will undoubtedly prevail over the other versions.

PRIVACY POLICY

For information on the use of personal data, Users should refer to the Privacy Policy  of Procosmet Italy.

Applicable Law and Jurisdiction

With respect to Users who do not qualify as consumers, these Terms and Conditions are binding only in the Italian language. Any other language version is to be considered a mere translation.

Online Dispute Resolution for Consumers

The consumer residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to non-judicially resolve any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you can use such platform for the resolution of any dispute arising from the online contract concluded with the Holder. The platform is available at the following link.
The Holder is available to answer any questions forwarded via email to the email address published herein.