terms and conditions
Online sales contract
Identification of the supplier
The goods covered by these general conditions are offered for sale by Areaderma S.r.l. Viale dell’Industria, 47, 38057 Pergine Valsugana (TN) Italy, email firstname.lastname@example.org, tax code 02054990227, VAT number 02054990227 hereinafter referred to as “Supplier”.
Article 1 – Definitions
1.1. The expression “online sales contract” or “contract” refers to the sales contract relating to the Supplier’s tangible movable property, stipulated between the Supplier and the Purchaser within the framework of a distance sales system using telematic instruments, organised by the Supplier.
1.2. The expression “Purchaser” is understood to mean the natural person who makes the purchase, referred to in this contract, for purposes that are not related to any commercial or professional activity carried out.
1.3. The expression “Supplier” means the subject as identified above or the subject that sells the goods through the website indicated in the following article.
Article 2 – Object of the contract
2.1. With this contract the Supplier sells and the Purchaser purchases at a distance, by means of telematic instruments, the tangible movable goods presented and offered for sale on the website www.areaderma.it
2.2. The products referred to in the previous point are illustrated, with specific and detailed indications of their characteristics, in the section of the web portal accessible at the address: https://areaderma.it/en/shop/
Article 3 – Terms and conditions for entering into the contract
3.1. The contract between the Supplier and the Purchaser is concluded exclusively via the Internet in remote telematic mode, through the Purchaser’s access to the web address www.areaderma.it, where, following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article. The Purchaser is aware that in order to access the site www.areaderma.it, it is necessary to have an Internet connection, the costs of which are borne by the Purchaser according to the terms established by his connectivity provider.
Article 4 – Conclusion and effectiveness of the contract
4.2. When the Supplier receives the order from the Purchaser, it shall send a confirmation e-mail or display a web page confirming and summarising the order, which shall also contain the data referred to in the previous point.
Article 5 – Payment methods and withdrawal
5.1. Payment by the Purchaser can only be made using one of the methods indicated in the purchase procedure by the Supplier.
5.2. The Supplier reserves the right to vary the means of payment that can be used, it being understood that those published in the advertisement at the time the Purchaser sends the order will be considered usable.
5.3. Any refund to the Purchaser will be credited using the same method of payment chosen by the same at the time the order was sent. The right of withdrawal is regulated by the dedicated section available on this page.
5.4 All communications relating to payments are carried out using third-party encryption systems to protect the transactions carried out (e.g. PayPal payment system) and for which the supplier has no visibility or responsibility.
Article 6 – Delivery times and methods for purchases made on www.areaderma.it
6.1. The Supplier will deliver the products selected and ordered, according to the methods chosen by the Purchaser or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in point 4.2.
6.2. Delivery times may vary from the day following that of the order to a maximum of 30 (thirty) days from the confirmation of the order, as provided for by current regulations. In the event that the Supplier is not able, for any reason whatsoever, to dispatch the goods within the aforementioned term, it will promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure.
6.3. At the time of delivery, the Purchaser is required to check that: a) the number of packages delivered corresponds to that indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered, including the closing tapes if present.
6.4 In the event that the goods delivered show any damage presumably caused by transport, the Purchaser may refuse the delivery and immediately inform the Supplier, who will make the necessary complaints to the forwarding agent, providing for a new shipment once he has received the return of the disputed goods.
6.5 In the event that the customer decides to accept the goods on delivery, despite the packaging being seriously damaged and/or tampered with, in order to safeguard his rights, he must contest the unsuitability of the packaging to the courier, affixing the wording “GOODS SUBJECT TO CHECK BECAUSE OF …” (stating the reason for which the goods were delivered). (indicating the reason for the reservation in question) on the delivery document, a copy of which must be retained.
Article 7 – Prices
7.1. All the sales prices of the products are indicated at the web address www.areaderma.it or any other page available on the website, are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. The sale prices referred to in the previous point are inclusive of VAT and any other tax. The shipping costs and any additional charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Purchaser sends the order and contained in the order summary web page, as well as in the summary e-mail sent after the conclusion of the purchase procedure.
7.3. Any promotional offers are specifically indicated and marked on the website with the wording “promotional offer”, “promoted product” or equivalent.
Article 8 – Product availability
8.1. The Supplier ensures, through the telematic system used, that orders are processed and carried out without delay. To this end, it indicates, in its electronic catalogue, the products available and those not available, as well as the shipping times.
8.2. If an order exceeds the quantity available, the Supplier will inform the Purchaser by e-mail whether the goods can no longer be reserved or what the waiting time is to obtain the chosen goods, asking whether or not the order is to be confirmed.
8.3. The Supplier’s computer system will confirm the registration of the order as soon as possible by sending the Purchaser a summary e-mail, pursuant to point 4.2.
Article 9 – Supplier’s responsibilities
9.1. The Supplier accepts no responsibility for inefficiencies attributable to force majeure or fortuitous events.
9.2. The Supplier cannot be held liable to the Purchaser, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet network outside of its control or that of its subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him.
9.4. The Supplier shall not be liable for any fraudulent or illegal use that may be made, by third parties, of credit cards, cheques and other means of payment, for the payment of the purchased products, if he proves that he has taken all possible precautions based on the best science and experience of the moment and on the ordinary diligence required.
Article 10 – Supplier’s obligations in case of defective products, proof of damage and recoverable damages
10.1. The Supplier shall not be liable for the consequences of a defective product if the defect is due to the product’s compliance with a mandatory legal rule or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
10.2. No compensation shall be due if the aggrieved party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the bad and/or incorrect use of the purchased goods, external causes (e.g. shocks, falls, etc.), carelessness and improper use are not attributable to the Supplier’s liability.
10.3. In any case, the damaged party must prove the defect, the damage, and the causal connection between the defect and the damage.
Article 11 – Guarantees and methods of assistance
11.1. The Supplier shall be liable for any conformity defect that becomes apparent within the term of 2 (two) years from delivery of the goods, unopened.
11.2. The Purchaser loses all rights if he does not report the lack of conformity to the Supplier within the term of 2 (two) months from the date on which the defect was discovered.
11.3. In any case, unless there is proof to the contrary, it is assumed that the conformity defects that become apparent within 6 months of delivery of the goods already existed on that date, unless such an assumption is incompatible with the nature of the goods or the nature of the conformity defect.
11.4. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to meet or is excessively onerous for the Supplier. The guarantee does not cover products that show clear signs of tampering or faults caused by improper use or external agents that cannot be attributed to manufacturing flaws and/or defects.
11.5. The request must be received in writing, by registered letter with return receipt, by the Supplier, who shall indicate his willingness to carry it out – or the reasons that prevent him from doing so – within 7 (seven) working days from receipt. In the same communication, if the Supplier has accepted the Purchaser’s request, it shall indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
Article 12 – Obligations of the purchaser
12.1. The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in this contract.
12.2. The Purchaser undertakes, once the online purchasing procedure has been completed, to print and keep this contract received by e-mail as an attachment to the purchase order confirmation.
12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser – who acknowledges this – before the purchase confirmation, through telematic procedures.
Article 13 – Protection of confidentiality and processing of the purchaser’s data
13.1 The Supplier protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
Article 14 – Communications and complaints – odr platform
14.1. Written communications addressed to the Supplier and any complaints will only be considered if sent via the contact form available at https://www.areaderma.it/en/shop/contacts. The Purchaser undertakes to indicate on the registration form for the website his residence or domicile, telephone number and e-mail address to which he wishes communications from the Supplier to be sent.
14.2 Pursuant to Article 14 of European Regulation 524/2013, the Supplier informs the Purchaser that in the event of a dispute, he may lodge a complaint via the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The Supplier nevertheless invites the Buyer to use the contact form, available at the link https://www.areaderma.it/en/shop/contacts in order to resolve any issue directly.
Article 15 – Applicable law and place of jurisdiction
15.1 This online sales contract is governed by Italian law. Any dispute relating to the interpretation and execution of this contract shall be settled by the Court of the place where the Purchaser, as a consumer, has his residence.
15.2 If any of the provisions contained in this online sales agreement are deemed invalid, void or unenforceable for any reason, such provision shall be deemed separate and shall not affect the validity and enforceability of the other provisions.