General Terms and Conditions (BTC) - Nuvò Cosmetic e-commerce

General Provisions

These general terms and conditions, which are available to the consumer for reproduction and storage in accordance with Dir. 2011/83/EU - Dir. 2000/31/EC - Reg. 524/2013, relate to the purchase of products made at a distance, by means of telematic network, through the e-commerce platform https://www.nuvocosmetic.com/. Unless otherwise agreed, no other contractual conditions apply.

These general terms and conditions of sale apply to users who fall within the definition of "consumers", pursuant to Dir. 2011/83/EU - Dir. 2000/31/EC - Reg. 524/2013, who make purchases through the e-commerce platform https://www.nuvocosmetic.com/, allocating the product purchased exclusively to private use; Nuvò will therefore not process orders from parties other than consumers.

For the sake of clarity, the consumer within the meaning of these general terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed either to his or her commercial activity or self-employed professional activity. A professional, on the other hand, is any natural person or legal entity or a partnership with legal capacity that, in concluding legal transactions, acts in the performance of its independent professional or commercial activity.

Article 1 - Definition and acceptance of the general conditions

The Company DULÀC FARMACEUTICI 1982 srl (hereinafter referred to as "the Company" or "DULAC"), a private company with limited liability under Italian law, having its registered office in Via San Quintino 28 - 10121 - Turin, Italy, registered at the Chamber of Commerce of Turin with the Rea of Turin no. 1185869, p. Iva 11078630016 e-mail: info@nuvocosmetic.com is the owner of the e-commerce website located at the electronic address: https://www.nuvocosmetic.com/ (hereinafter referred to as the "Site").

The Company carries out a retail activity, through the Site connected to the Internet, of products such as food supplements, natural foods, cosmetics, medical devices and various personal care devices (hereinafter the 'Products') to consumer customers (hereinafter 'the Customers'). The Site makes available free of charge (with the exception of telephone costs for connecting to the Site) to consumers, in the online catalogue, specific information on the Products manufactured by the Company or by third parties with good references, and an online ordering and payment system, subject to the Customer's acceptance of these general terms and conditions of sale (hereinafter the "GTC").

All orders placed via the Site, as well as the services related thereto, are subject without exception to these GTCS, which represent the entirety of the commitments existing between the Company and the Customer given his navigation on the Site.
Any order placed by the Customer implies full and complete acceptance, without exception, of these GTCS.

These GTCS must be carefully reviewed by the Customer before completing the purchase process. The placing of the order and the resulting prepayment presuppose full knowledge of them and their full acceptance.

DULAC shall not be bound by any other terms and conditions, unless previously agreed in writing.

Article 2 - Products marketed on the site

The Site is an online sales site for food supplements, natural foods, cosmetics, medical devices and various personal care devices produced by the Company or by third-party manufacturers. The essential characteristics (qualitative and quantitative) of the Products are described within the Site. The Products are sold new.

The Company expressly reserves the right to introduce new Products at any time, to eliminate all or part of the Products sold or presented on the Site, to change their presentation or to cease marketing them on its Site, without being obliged to give prior notice or justification to Customers.

Article 3 - Conclusion of the Contract

The object of the contract is the sale of physical products.
The present terms and conditions of sale constitute an offer to the public. This means that the conclusion of the contract requires acceptance by the user placing the order and subsequent order confirmation e-mail from DULAC.
Aacceptance is first manifested by following the on-screen instructions for the forwarding of the order, through the exact compilation of all dedicated sections and, finally, by selecting the wording "Acceptance of Sales Conditions and Privacy Law".
The forwarding of the order is not binding for DULAC, until the latter replies with a confirmation e-mail. 

The Customer undertakes to verify the correctness of the data contained therein and to promptly notify any corrections.
DULAC may follow up on the order, also for conduct implying an intent, i.e. by shipping the goods.
The Customer shall be able to check the status of his/her order, thanks to the tracking system.

Subject to availability, DULAC has the right to accept, even partially, or to refuse the order received. In this case, the contract shall be deemed concluded for the confirmed goods only.
DULAC shall keep a copy of both the orders received and the acceptances sent for a reasonable period of time, in compliance with the Applicable Law.

The aforementioned documentation shall be kept on DULAC's data server and shall be accessible to personnel who need to consult it in connection with their duties, for the proper performance of the contractual conditions.
The documentation shall also be accessible to third parties for the sole purpose of the execution of the purchase contract, in addition to the subjects entitled to access it according to the Applicable Law, in compliance with the Privacy protection rules.
The user is entitled to cancel the order before it is confirmed by the company and the products have been sent.

Article 4 - Sales prices and delivery charges

The sale prices of the products on the platform: https://www.nuvocosmetic.com/ are expressed in euros.
DULAC may change prices at any time, but the goods shall be charged to the user on the basis of the prices indicated on the platform:https://www.nuvocosmetic.com/ at the time the order is placed and confirmed in the e-mail sent by DULAC as confirmation of the order.

The total amount of the shipping costs will be made known to the Customer before confirmation of the order.
Shipping costs are related to weight, bulk, delivery destination and/or any other services required (insurance, delivery times, change of destination address, etc.).
In relation to the price of the product, DULAC reserves the right to communicate any errors contained in the product sheet or variations, before confirming the order.  In this case DULAC shall promptly inform the user, by sending a specific communication, thereby guaranteeing him/her the right to cancel the order. 

If the user decides to carry out the order, he accepts the price as modified.
DULAC reserves the right to verify the regularity of advance payments, made by credit card, debit card and bank transfer, before final confirmation of the order.
In the event of non-payment, DULAC may declare immediately liquid and payable all sums due to obtain payment of the product prices. 

              Sale prices and shipping costs:

Orders to be delivered to destinations that are served in "non-standard" mode by couriers, will be evaluated individually and may be cancelled, resulting of course in a full refund of the order:

Article 5 - Methods of payment

Payment may be made by choosing one of the following methods:

Payable by Credit Card: VISA - MASTERCARD - AMERICAN EXPRESS - MAESTRO;

Satispay;

Payable on Pay Pal secure circuit.

 Article 6 - Delivery

Orders shall be delivered to the address indicated in the manner provided for in these general terms and conditions. The purchased goods shall be delivered within the term indicated or within the terms provided for by the applicable law (30 days).
No responsibility can be attributed to DULAC for delayed or non-delivery attributable to force majeure or fortuitous events or to the carrier's liability. The user may choose another carrier, it being understood that transport shall be at his/her own risk, care and expense.

Article 7-  Reception of Products

DULAC recommends that the conformity and integrity of the product be carefully checked, taking into account any anomaly that the product may present, at the time of delivery.
In fact, upon receipt, the customer is required to check the conformity of the product delivered to him with respect to the order placed.
Acceptance without reservation extinguishes all liability of DULAC for any defects.

Should the product be damaged, adulterated or modified in its organoleptic composition, DULAC invites the user not to consume or ingest the product itself and to immediately report the damage by e-mail to info@nuvocosmetic.com or by using the contacts indicated on the Site in the "contacts" section.

In the event of a defect, adulteration or other damage affecting the product, to be reported no later than 10 days from their discovery and in any case no later than 30 days from delivery, DULAC is obliged to return the price of the product, after return the price of the product, subject to verification.

To this end, the user must return the defective product at his/her own expense, without tampering with it, adulterating it, replacing it or dispersing its contents, in order to allow DULAC to carry out all the necessary checks.

If the checks are positive, DULAC undertakes to guarantee the refund of the price of the product actually found to be defective (including any shipping costs incurred by the customer) or, alternatively, to guarantee the replacement of such product.

DULAC shall not be liable for any damage caused by the assumption of an adulterated or damaged product in its organoleptic composition, as a result of as a result of non-verification by the user/customer. 
If the user refuses to receive or fails to take delivery of the product, in accordance with the provisions of these general terms and conditions of sale, all risks related to the loss of or damage to the products shall be borne by the user/customer.

In this case, DULAC may:

• demand immediate and full payment for the products and make delivery by any means deemed appropriate, or deposit the products at the full risk and expense of the customer
• demand payment of all the costs of depositing and storing the products and any other additional costs incurred as a result of the refusal or inability to take delivery
• cancel the order and dispose of the products, without prejudice to its right to compensation for the damage caused by the customer, in addition to the risks and expenses referred to above.

When the products are delivered in a split manner, each batch of products shall be deemed to relate to a separate and distinct contract; any defect found in one or more batches shall not entitle the entire order or contract to be terminated or the orders relating to each subsequent batch to be cancelled.

Article 8 - Availability of Products

The user may purchase products as per the 'online' catalogue published on www.dulacfarmaceutici.com.
Although DULAC strives to ensure constant availability, it cannot guarantee it, given its role as intermediary. Where payment has already been made, in the event of unavailability DULAC undertakes to promptly inform the user and refund the price paid, without additional charges, within 14 days. If the customer nevertheless intends to execute the order, DULAC will communicate the timeframe for procurement and fulfilment of the order, guaranteeing maximum speed.

Article 9 - Liability

DULAC does not assume any liability for inefficiencies attributable to force majeure such as accidents, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time.
DULAC shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the end-consumer user having only the right to a refund of the price paid.
DULAC is not responsible for any fraudulent or illicit use by third parties, of credit cards, cheques and other means of payment, upon payment itself.
In fact, at no time during the purchase procedure is DULAC able to know the credit card number which, by opening a protected connection, is transmitted directly to the manager of the banking service.

Article 10 - Warranties and Assistance

DULAC markets high quality products and offers a warranty whose minimum duration depends on the type of product purchased, according to the Applicable Law. The warranty is operative on condition that the products are used for the purpose indicated on the packaging, any liability, of any kind, on the part of DULAC for improper use of the product by the customer being excluded.
All product descriptions, illustrations, depictions, details, dimensions, presentation data and any other information available on the e-commerce platform https://www.nuvocosmetic.com/ are to be understood as illustrations of a general nature of the products and do not in any way represent a guarantee or declaration of conformity of the products to the same.

Article 11 - Article 11 - Obligations of the user

The consumer user undertakes to print these general terms and conditions and to check them periodically by connecting to the e-commerce site https://www.nuvocosmetic.com/. In the event of changes, the consumer undertakes to reprint and retain them as amended.
The user declares that he/she is of legal age and possesses the legal capacity required to enter into a contract having the force of law between the parties and that the information provided at the time the order was placed is up-to-date, accurate and sufficient to process the order.
It is strictly forbidden for the user to enter false and/or invented and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the user's own real personal data and not those of third parties, or fictitious data. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third persons.

DULAC reserves the right to prosecute any violation and abuse, in the interest and for the protection of consumers.
The user shall release DULAC from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer, being the customer solely responsible for their correct entry.

Article 12 - Right of withdrawal

The consumer, who, for whatever reason, is not satisfied with the purchase made, has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 working days from receipt of the product, by sending an e-mail Pec to the address dulacfarmaceutici1982@legalmail.it, or a registered letter A/R to DULAC FARMACEUTICI 1982 S.R.L. Via San Quintino 28 - 10021 - Turin, Italy.

In case of purchase of several units, DULAC guarantees the consumer the right of withdrawal and return, even if he has already opened and consumed a single unit. In this case, since the product is often perishable and cannot be conserved, the withdrawal shall be valid only for the units that have remained intact. The customer will be reimbursed the price paid for these units once they have been returned, in accordance with the above-mentioned procedure.
In any case, the deadline for returning the product to DULAC is 10 days from the exercise of the right of withdrawal.

To exercise the right of withdrawal, the product must be returned intact (i.e. not opened, tampered with, adulterated).

DULAC will accept the returned goods, reserving the right to dispute the integrity of the product; within 14 days from the communication of the exercise of the right of withdrawal, DULAC shall refund the sums paid for the purchase of the product.

The right of withdrawal is excluded in the following cases:

• for "custom-packaged" products or products upon specific customer request or, which, by their very nature, cannot be returned;
• for fresh food products or which, by their very nature, are subject to deterioration in the short term;
• for products returned not intact, opened, tampered with or adulterated through fault attributable to the customer.

Article 13 - Management of returns

For return procedures, please consult the dedicated "returns" section of https://www.nuvocosmetic.com/.

The user may activate the return procedure by sending the products to the following address: DULÀC FARMACEUTICI 1982 srl, Via Albenga, 125 - 10098 - Rivoli - Torino

within the above-mentioned time frame: 14 days from receipt of the order.

Article 14 - Notices

Any communication or notice to DULAC in relation to these conditions shall be made by registered letter with return receipt or PEC mail to the addresses indicated in the contact section. In case of non-Italian Customers, the communication may also be sent by e-mail to info@nuvocosmetic.com, or using the contacts indicated in the "contacts" section.
The last address or contact communicated by the user shall be considered as the address to which the communications prescribed by the Applicable Law shall be addressed, in relation to legal proceedings, before the election of domicile with the attorney-in-fact.

Article 15 - Contract termination and express termination clause

DULAC shall have the right to terminate the contract by giving simple notice to the user, stating the reason. In this case the user shall only be entitled to the refund of any sum already paid.
The obligations assumed by the user according to the present contractual conditions, as well as the payment guarantee, have an essential character, so that, by express agreement, the non-fulfilment by the user of only one of the aforementioned obligations shall determine the legal termination of the contract without the need for a judicial pronouncement, without prejudice to DULAC's right to take legal action for compensation for further damage.

Article 16 - Privacy, Cookies, and Conditions of Use of https://www.nuvocosmetic.com/

For Privacy Policy, Cookie Policy and Terms of Use of https://www.nuvocosmetic.com/ please refer to the relevant sections of the Site.

Article 17 - Applicable Law and Jurisdiction

These general sales conditions are governed by Legislative Decree 206/2005 (Consumer Code), Legislative Decree 70/2003 - implementing European Directive 2001/31/EC - on Electronic Commerce, EU Regulation 679/2016 on the Protection of Personal Data, Legislative Decree 196/2003, Legislative Decree 21/2014 - implementing European Directive 2011/83/EU on Cookie Policy - together with the provisions of National and Community law on contracts and any other Regulation or Applicable Law.

Any dispute between the parties in relation to this contract shall be settled by the Court in whose district the Consumer is domiciled.

Online dispute resolution for consumers

Pursuant to and for the purposes of Article 14 of the EU Regulation No. 524/2013, consumers resident in the countries belonging to the European Union are hereby informed that for the resolution of disputes relating to this contract and to the online services offered by this website, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided for by the European Commission, which can be reached at the following link: https://webgate.ec.europa.eu/odr/

In compliance with the provisions of the aforementioned regulations, we also inform you that the e-mail address of Dulàc Farmaceutici 1982 Srl is dulacfarmaceutici1982@legalmail.it

Final Warnings

The e-commerce platform https://www.nuvocosmetic.com/ DOES NOT PROVIDE MEDICAL ADVICE AND HAS NO SCIENTIFIC CHARACTER. All the contents (news, suggestions and others) on this site are purely informative and cannot be understood in any way as medical prescriptions, nor can they be substituted for them. DULAC, in fact, recalls that the choice and prescription of a proper therapy, as well as of a dietary plan, are the sole responsibility of the treating physician or specialist appropriate to the problem concerning the individual user, who can assess any side risks (such as, for example, intoxications, intolerances and allergies). Therefore, DULAC, as well as the authors and administrators of this website, disclaim all liability for any (direct or indirect) damage or accidents resulting from the use of this information without the necessary medical supervision.

CONDITIONS OF USE OF THE WEBSITE https://www.nuvocosmetic.com/

General Terms and Condition

The following terms and conditions of use govern access to the https://www.nuvocosmetic.com/ website and the use of the services and functions offered therein, and it is assumed that the user has read and understood them.
The website https://www.nuvocosmetic.com/ is the property of DULÀC FARMACEUTICI 1982 srl, Via Albenga, 125 - 10098 - Rivoli - Turin, E-mail: info@nuvocosmetic.com- Tel: +39 011 3499130.

For assistance and other general information on the services provided by https://www.nuvocosmetic.com/, please contact DULAC at the addresses indicated in the "Contact" section of the website.
For further information related to the Privacy Policy and Cookie Policy, please refer to the dedicated sections.

Amendments to these general conditions of use

DULAC may supplement, update or amend these general terms and conditions of use at any time, subject to adequate notice to users.
Any new conditions shall be binding as soon as they are published on https://www.nuvocosmetic.com/.
DULAC invites users to regularly access the website to check the publication of the most recent and updated General Conditions of Use.

Liability

The user is solely and exclusively responsible for the incongruous and unlawful use of this website and its contents.
DULAC cannot be held responsible for any use of the website https://www.nuvocosmetic.com/ contrary to the Law.

DULAC shall not be held responsible for the illegitimate publication of content added by unauthorised users or subjects, without prejudice to its liability for duly proven malice or gross negligence.
The user is solely responsible for the communication of information and data that is incorrect, false or relating to third parties, without their consent, as well as for the incorrect use of the same.

Any liability for damage to computers and networks or loss of data resulting from the downloading or retrieval of content from https://www.nuvocosmetic.com/, shall be borne by the user and cannot in any way be attributed to DULAC, which declines all responsibility for any damage resulting from the inaccessibility to the services on https://www.nuvocosmetic. com/ or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of other data, failure and/or malfunction of the user's own electronic equipment.

The user is responsible for the safekeeping and correct use of his/her own personal information, including the credentials that allow access to the reserved services, as well as for any damaging consequence or prejudice that may be caused to DULAC or to third parties as a result of the incorrect use, loss or theft of such information.

The user is required to carefully read the Privacy Policy section, which describes the methods and procedures used by DULAC to collect, classify and use the user's personal data, i.e. the purposes thereof.
The user is required to carefully read the Cookie Policy section, which describes the cookie policy adopted by the entity in the management of the website https://www.nuvocosmetic.com/.

Privacy Policy and Cookie Policy

The user is required to carefully read the Privacy Policy section, which describes the methods and procedures used by DULAC to collect, classify and use the user's personal data, i.e. the purposes thereof.
The user is required to carefully read the Cookie Policy section, which describes the cookie policy adopted by the entity in the management of the https://www.nuvocosmetic.com/ website.

Intellectual property rights and methods of use of content

The contents of the website https://www.nuvocosmetic. com/ (by way of example only: images, photographs, drawings, figures, logos and other distinctive signs, dialogues, music, sounds, videos, documents and any other material, in any format, including menus, web pages, graphics, colours, schemes, tools, website design fonts, diagrams, layouts, methods, processes, databases, functions and software), are protected by copyright and any other intellectual right, according to the applicable law.

DULAC has the exclusive right to authorise or prohibit the reproduction, direct or indirect temporary or permanent, in any way or form, in whole or in part, of the website and its contents.
Unauthorised reproduction and dissemination, in whole or in part, in any form whatsoever of https://www.nuvocosmetic.com/ of its contents of any type or nature is prohibited, except with the written consent of the owner.
The user is only authorised to view the contents of the website and to perform all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient and incidental, or an integral and essential part of the same viewing of the website and its contents, and all other navigation operations, which are only performed for a legitimate use of https://www.nuvocosmetic.com/ and of its contents.

The user is not authorised to carry out any reproduction, on any medium, in whole or in part, of https://www.nuvocosmetic.com/ and its contents.
The authors of individual works and/or ideas published on https://www.nuvocosmetic.com/ have the right to claim paternity of the same at any time and to object to any distortion or other modification of the same, including any other act that damages their reputation.

The user, who accesses the website https://www.nuvocosmetic.com/, undertakes to respect the copyright of those who have worked and collaborated with the entity for the realisation of the same.

Trademarks, patents and domain names

All trademarks and distinctive signs displayed on https://www.nuvocosmetic.com/ for DULAC's products are duly registered and owned by DULAC.
The website https://www.nuvocosmetic.com/ displays products and goods protected by industrial patents, of which DULAC is the owner (for goods produced by DULAC).
The user is not authorised to use, in any way whatsoever, these trademarks and/or patents. Any unauthorised and unlawful use of these trademarks and patents will result in serious legal consequences.
DULAC, in fact, reserves the right to take action to protect its industrial property rights, in the forms and forums it deems most appropriate.

Content specifications

DULAC has taken every precaution to prevent the publication, on https://www.nuvocosmetic.com/, of content representing or describing scenes or situations of physical and psychological violence or such that, according to the sensitivity of users, may be deemed to violate civil conventions of human rights and the dignity of persons, in all its forms and expressions.
DULAC undertakes to ensure that the content of the e-commerce platform does not contain any incorrect indications or information. However, DULAC assumes no responsibility for the accuracy and completeness of the content, without prejudice to its liability for fraud or gross negligence and unless otherwise provided for by law.

DULAC does not guarantee that the website will operate with absolute continuity, without interruptions and in the absence of errors and malfunctions due to the connection.
If you experience any problems when using https://www.nuvocosmetic.com/, please contact customer service via e-mail at info@nuvocosmetic.com.
Although DULAC will endeavour to do everything possible to ensure continuous access to https://www.nuvocosmetic.com/, the dynamic nature of the Web and its contents may not allow it to operate without any suspensions, interruptions or discontinuity due to the need to make updates to the website.

WARNINGS

THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE OR THERAPEUTIC INDICATIONS. All contents (news, suggestions, etc.) on this website are of a purely informative nature and cannot be understood in any way as medical prescriptions, nor can they be substituted for them. DULAC, in fact, recalls that the choice and prescription of a proper therapy, as well as of a dietary plan, are the exclusive responsibility of the treating physician or specialist appropriate to the problem that concerns the individual user, who can assess any possible side risks (such as, for example, intoxications, intolerances and allergies). Therefore, DULAC, as well as the authors and administrators of this website, disclaim all liability for any (direct or indirect) damage or accidents resulting from the use of this information without the necessary medical supervision.