GENERAL PROVISIONS

These general conditions of sale are applicable to all sales of products (hereinafter referred to as the “Product” or “Products”) purchased through the site https://eblitalia.com (EBL Italia brand by Emporio Beauty S.R.L., via Asolana 114 , 31013, Fonte (TV), P.IVA – Fiscal Code 02096180266) (hereinafter referred to as the “Site” or “EBL” or “the Seller”), both by subjects who hold the quality of consumer pursuant to Legislative Decree no.. n. 206 of 6 September 2005, Consumer Code, as by those who do not have this quality (hereinafter referred to as “Customer” or “Customers”).

When the purchaser assumes the role of consumer, these conditions apply to govern purchases made on the Site in accordance with articles 49 ff. of Legislative Decree no. n. . 206 of 6 September 2005, Consumer Code.

Art 1 – Object of the contract

Through the general conditions of sale, EBL sells and the Customer remotely purchases the movable tangible goods indicated and offered on the site https://eblitalia.com

The contract is concluded exclusively through the internet, by accessing the customer to the aforementioned address and with the creation of the purchase order according to the procedure set out on the site itself.

Art.2 – Conclusion and effectiveness of the contract

The Contract is concluded exclusively through the internet, through the Customer’s access to the Site, by sending a purchase order according to the procedure provided by the site itself and its acceptance by the Seller. The purchase is governed by these General Conditions of Sale which the Customer himself is required to accept in full and without reservations.

To this end, the Customer, before proceeding with the conclusion of the purchase order, undertakes to read these General Conditions of Sale and the pre-contractual information provided on the page.

The purchase order sent by the Customer through the Website has the value of a contractual purchase proposal, binding only for the Customer. In fact, the Seller reserves the right not to accept purchase order proposals that do not give sufficient guarantees of solvency, which are incomplete or incorrect and in the event of unavailability of the products. In these cases, the Seller will notify the Customer of the non-acceptance of the order.

In other cases, the sales contract is concluded with the sending by EBL of an e-mail confirming the order.

The confirmation email contains the customer’s data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, the delivery times, the existence of the right of withdrawal and consent to the processing of personal data.

The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify the Seller of any corrections.

In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these General Conditions of Sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014 https://en.eblitalia.com/terms-and-conditions/.

• SHOPPING COSTS: The cost of shipping (including VAT) is independent of location and distance, and is equal to €9. For purchases over €40, shipping is free. EBL covers all its shipments with insurance against theft, robbery, loss and accidental damage in transit.

Shipments that take place on Saturdays will suffer a price increase proportional to the distance in kilometres.

The ordered goods will travel with GLS express courier from Monday to Friday, excluding holidays and national holidays. EBL is not responsible for unforeseeable delays. Upon delivery of the goods by the courier, the customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the package is intact and unaltered. ny damage to the package and/or Products or the mismatch in the number of packages must be immediately reported using the wording “subject to control” written on the courier’s delivery receipt. Once the courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of the delivered package and the number of packages received.

• DELIVERY TIMES: Orders whose goods are all available are prepared and sent by 1.00 pm (except for moments of congestion) of the day following the date of the order and shipped by express courier which makes deliveries in 24/48 hours throughout Italy except Calabria, Sicily, Sardinia, some areas of Puglia where delivery will take place within 48/72 hours.

Delivery to the smaller islands is subject to a €16 surcharge due to boat charges. Disadvantaged locations, smaller islands and mountain villages are reached only once a week(with the exception of remote locations).The order fulfillment times are provided purely as an indication, in no case do they represent a contractual obligation and could be lengthened according to the number of requests. No responsibility can be attributed to EBL in the event of a delay in the order or in the delivery of the order (art.1510 of the Civil Code). C.C.).

Art. 3 – Registration

In order to use certain features of the Site, Customers must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy https://eblitalia.com/privacy-policy/ and the present Conditions. The User has the responsibility to keep his access credentials.

It is understood that under no circumstances can the Data Controller be held responsible in the event of loss, dissemination, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.

Art. 4 Purchase as a guest

The function of purchasing products as a guest is also available on this site. With this method of purchase, you will only be asked for those data that are essential to process your order. Upon completion of the purchase process, you will be offered the option of registering as a user or continuing as an unregistered user.

Art. 5 – Use of the website

By using this website and/or placing orders through it, the Customer agrees to:

(i) use the website only to carry out legally valid queries or orders;

(ii) not place false or fraudulent orders. Should EBL have reasonable grounds to believe that an order of this nature has been placed, it will be entitled to cancel it and inform the competent authorities;

(iii) provide EBL with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, the Customer consents to the use, by the Site, of this information to allow the Seller to get in touch with the former (if necessary, please read the Information on the Protection of Personal Data).

If the Customer does not provide all the information we need, EBL will not be able to process his order.

By placing an order through this website, you guarantee that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

Art. 6 – Pre-contractual information for the consumer pursuant to art. 49 Legislative Decree 206/2005 206/2005

Before concluding the Contract, the Customer examines the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the Customer.

Before the conclusion of the purchase contract and before sending the order, the customer is informed about:

1. identification of the Seller;

2. total price of the goods inclusive of taxes, with details of shipping costs and any other costs

3. payment methods

4. the term within which the Seller undertakes to deliver the goods;

the conditions, terms and procedures for exercising the right of withdrawal, as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;

6. existence of the legal guarantee of conformity for the purchased goods;

7. after-sales assistance conditions and commercial guarantees provided

Art. 7 – Products, information, images and purchases on the application

The purchase of one or more Products through the Site is allowed both to Customers who have the quality of Consumers, and to Customers who do not have this quality.

Pursuant to art. 3, I paragraph, lett. a) of Legislative Decree 206/2005 (“Consumer Code”), it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity, are considered Consumers.

Natural persons are allowed to purchase only on condition that they are eighteen years of age.

The Owner undertakes to describe and present the Products sold on the Application in the best possible way. Nonetheless, some errors, inaccuracies or small differences between what is displayed on the Site and the actual Product may arise, which will not constitute a breach by the Seller. Furthermore, any photographs of the Products on the Site do not constitute a contractual element, as they are only representative.

The Customer expressly gives the Seller the right to accept even only partially the order placed (for example in the event that there is not availability of all the Products ordered). In this case, the contract will be considered completed in relation to the Products actually sold.

The Owner reserves the right to refuse an order:

• 1. when the Product is not available;
• 2. when the authorization to charge the cost of the Product to the User is denied;
• 3. when a clearly incorrect and recognizable price is indicated at the time of purchase. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.

Art. 8 – Availability of products

The information relating to availability is provided purely as an indication and may vary according to the number of requests. The notification of availability does not in any case represent a contractual obligation. Customer orders are fulfilled within the limits of the quantity of products available. In the event that the ordered product is not actually available after 30 days from the date of the order, EBL undertakes to provide information on the time required for delivery of the ordered product and, upon request by the Customer, to return any advance payments, on the same means used for payment. Any right of the Customer to compensation for damages or indemnity is expressly excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an order, or by delivery delays. (For information on costs and delivery times, see art.2 – Conclusion and effectiveness of the contract)

Art. 9 – Prices

The Seller reserves the right to change the price of the Products and any shipping costs at any time. It is understood that any changes made will in no case affect the contracts already concluded before the change.

The selling prices of the Products are inclusive of VAT, if due; any other tax and/or shipping cost charged to the Customer will be indicated before the confirmation of the purchase.

The Customer undertakes to pay the price of the Product purchased within the times and methods indicated on the Site.

Any refund to the Customer will be credited promptly using one of the methods proposed by the Seller and chosen by the Customer and, in the event of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal.

Art. 10 – Methods of payment

The Customer can pay for the order by:

• CREDIT CARD AND/OR PAYPAL: the transaction will be charged to the customer’s credit card or PayPal account only after: • The credit card details have been verified • The debit authorization has been received from the issuing company credit card used by the customer
• BANK TRANSFER made payable to: Emporio Beauty S.R.L. iban IT20H010056182000000000250 The order number must be indicated in the reason for the transfer. Any bank charges will be charged to the customer. The order placed by bank transfer will have a validity of 5 working days pending payment, otherwise it will be definitively cancelled. In the event that, for whatever reason, the debiting of the amounts due by the customer proves impossible, the sales process is automatically canceled and the sale cancelled.
• CASH ON DELIVERY: Payment to the courier upon delivery is also accepted. For this method of payment there is a surcharge of €4.90; the Customer will deliver the amount of the order in cash to the courier responsible for delivering the goods. Checks or credit cards will not be accepted.

Art. 11 – Invoicing

The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User, which he declares and guarantees to be truthful, will be used as proof, releasing EBL from any and all indemnity in this regard.

Art. 12 – Methods of delivery of the products

Material Product means any movable property provided on a material support offered through the site.

The Products ordered will be delivered to the Customer at the address indicated by the latter, in the manner chosen by the User or indicated by the Seller at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.

Upon receipt, the Customer is required to verify the conformity of the Product delivered with the order placed; only after this verification will it be necessary to sign the delivery documents, without prejudice to the right of withdrawal.

Should an order exceed the quantity existing in the warehouse, the Seller, by e-mail,

will inform the Customer if the Product is no longer bookable or what are the waiting times to obtain it, asking if he intends to confirm the order or not.

The Seller assumes no responsibility for the delay or non-delivery of the Product attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevent, in whole or in part, to implement within the agreed time frame.

The Seller will 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 for the reasons mentioned above, the Customer having the right only to a refund of any price paid.

Art 13 – Right of withdrawal

The Customer who acts as a Consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from the date of delivery of the Product, in accordance with art. 52 Legislative Decree 6 September 2006 n. 205, Consumer Code.

The Customer must return the Products at his own expense, unless the Seller agrees to take them on, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Seller.

It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:

• Products returned without their original packaging and condition, used or damaged;
• Unsealed returned products that are unsuitable for return due to hygiene or health protection reasons and have been opened after delivery;

In order to withdraw from the contract, the User can do so in the following way:

1. Independently from the “Your Orders” section where you will find the “Return Goods” form, within the “Invoiced” item, to be filled in. Once done, he will have to wait for the return confirmation from Customer Assistance who will notify him of the outcome by e-mail and in the “Returns” section within the user account. If successful, the user will receive the return slip in digital format with the return instructions, to be printed and included in the return package. In case of problems with the return, contact assistance at info info@eblitalia.com.

In the event of withdrawal, the Seller will reimburse the payments received from the Customer including delivery costs without undue delay and, in any case, no later than 30 days from the day on which the Customer communicates to the Seller his wish to withdraw from the contract.

The Customer is responsible for the integrity of the Product as long as the same good is in his possession and will have to take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the packaging undamaged original, instruction manuals, accessories, any separate items, and any other components. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.

The Seller will not consider return requests in the event that the returned Product proves to be malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.

If the product shows signs of use or if it has been used or altered from its original condition in any way, the Seller reserves the right not to accept the return.

More specifically, if the return cannot be accepted because it does not comply with the above conditions, the Customer may choose to have the purchased products back at his own expense.

In the event that the Customer refuses this shipment, the Seller reserves the right to withhold the products and the amount corresponding to the purchase price of the same.

The Customer is responsible for the decrease in the value of the goods resulting from handling other than that strictly necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, scratching, removal of the labels, etc.), not complete with all their elements and accessories (including the labels and tags unchanged and attached to the product ), not accompanied by the attached instructions/notes/manuals, by the original packaging and packaging and by the guarantee certificate, where present, the Customer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.

The Seller assumes no responsibility in the event of Products returned by mistake or items forgotten in the parcels or in the returned Products.

In the event of non-compliance of the return, the customer will be contacted by the Seller to request clarification on the matter. The customer has 14 days to respond to our requests. Once this term has expired without any response from the customer, the Seller will proceed with the disposal of the item and no refund will be allowed.

As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the refund until receipt of the goods or until the Customer demonstrates that he has returned the goods to the Seller.

The Seller will make the refund using the same payment method chosen by the Customer during the purchase. In the case of payment made in cash, and if the Customer intends to exercise his right of withdrawal, he must provide the Seller, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made.

No returns will be accepted if shipped after the allowed date. Otherwise the package will be sent back to the customer.

Art. 14–Legal guarantee of conformity

All Products that fall into the category of “consumer goods”, as governed by art. 128, 2nd paragraph of the Consumer Code, sold through the site are covered by the legal guarantee of conformity provided for by articles. 128-135 of the Consumer Code, as most recently amended by Legislative Decree no. no. 170/2021 170/2021

The legal guarantee of conformity is reserved for Consumers. Therefore, it is applied only to Customers who have made the purchase through the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

To those who have purchased on the Site and who do not qualify as Consumers, the guarantees for defects in the thing sold will be applied, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations (articles 1490 et seq. of the Italian Civil Code).

Given this distinction, pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller guarantees to the Customer that the Products are free from design and material defects as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer .

Unless proven otherwise, it is assumed that the lack of conformity which occurs within 1 year of the purchase of the goods already existed on that date. After the expiry of 1 year, the Customer will instead have to provide due proof that the damage or lack of conformity does not derive from his own erroneous or incorrect use of the Product.

Upon arrival of the goods, the Customer will have the responsibility to examine the Products in the shortest possible time and to report any defects and non-conformities by sending the Seller, by e-mail, a specific communication containing the precise indication of the defect and/or non-compliance found, as well as the relative documentation indicated in the return form (at least a photograph of the Product and the order confirmation sent by the Seller).

Following receipt of the communication and the relative documentation, the Seller will evaluate the defects and non-conformities reported by the Customer and, after having carried out the quality controls aimed at verifying the effective non-conformity of the Product, will decide, at its discretion, whether to authorize the return of the Products by providing the Customer with a reply via e-mail to the address provided by the latter during the registration process on the Site. The authorization to return the Products does not in any way constitute acknowledgment of defects or non-compliance, the existence must subsequently be ascertained upon return. If, following this verification, the Products are not covered by warranty, the same will be made available to the Customer. If the lack of conformity occurs, the Seller will keep the item and will acknowledge the refund of the price to the Customer (with the possibility of receiving the refund also through a voucher that can only be spent on the Site).

The Products whose return has been authorized by the Seller must be returned by the Customer, together with a copy of the return authorization notice, within 30 (thirty) days of reporting the defect or non-compliance, to the address indicated by the Seller.

The application of any guarantee is excluded in the event of use of the Product that does not comply with that of the Product and with the instructions/warnings in this regard provided or indicated in the reference illustrative documentation, or on the labels.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to restore the conformity of the Product, free of charge. To this end, the Customer can normally choose between repairing the Product or replacing it This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous.

Furthermore, the Customer has the right to an adequate reduction in the price or termination of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Seller did not proceed with the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the consumer.

If the Customer intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he must contact the Seller at the e-mail address info@eblitalia.com or call Customer Service on 0423950472. The Seller will promptly reply to the communication of the alleged defect of conformity and will indicate to the Customer the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

Art. 15 – Responsibility

The Site is provided “as is” and “as available” and EBL makes no express or implied warranties with respect to the Site, nor does it provide any warranty that the Site will meet Customers’ needs or that it will never be free from errors or that it will be free from viruses or bugs.

The Seller will work to ensure that the Site is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, it is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons totally unrelated to EBL’s will or due to force majeure events.

The Seller cannot be held responsible to the Customer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its subcontractors.

Furthermore, EBL will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, since the Customer is only entitled to the full refund of the price paid and any accessory charges incurred.

EBL assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the services purchased, if it demonstrates that it has adopted all the possible precautions on the basis of the best science and experience of the moment and on the basis of ordinary diligence.

The Customer undertakes to indemnify and hold harmless EBL (as well as any company controlled or affiliated by it, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise in the event of damages caused to other Customers or third parties, in relation to the Contents uploaded or to the violation of the terms of the law or the terms of these Conditions.

Therefore, EBL will not be liable for:

• 1.any losses which are not a direct consequence of the breach of the contract by the Seller;
• 2. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the Customer (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships , loss of reputation or goodwill, etc.);
• 3.incorrect or unsuitable use of the Site by Customers or third parties;
• 4. the issue of incorrect tax documents due to errors relating to the data provided by the Customer, the latter being solely responsible for the correct insertion.

Art. 16 – Force majeure

EBL cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond its reasonable control, due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as , by way of non-exhaustive example, breakdowns or interruptions to telephone or electricity lines, to the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and IT attacks, interruptions in the provision of third-party products, services or applications.

The fulfillment of the obligations by the Seller will be considered suspended for the period in which events of force majeure occur.

The Seller will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

Art. 17– Connection to third party sites

The Site may contain links to third party sites. The Seller has no control over them and, therefore, is in no way responsible for the contents of these sites.

Some of these links could refer to third party sites that provide services through the Site. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Seller assumes no responsibility.

Art. 18. – Waiver

No waiver by either party of any part of these Terms will be effective unless expressly declared to be a waiver and notified in writing.

Art 19. – Invalidity of individual clauses

If any provision of these Terms is found to be illegal or invalid, it will not be deemed to form part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

Art 20. – Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the page https://eblitalia.com/privacy-policy/ .

Art 21 – Final clauses

The Products are sold with the characteristics described on the Site and according to the General Conditions of Sale published on the Site at the time the Customer sends the order, with the exclusion of any other condition or term.

The Seller reserves the right to modify these General Conditions of Sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales completed as of that date.

The prices, the Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Customer is invited to check the final sale price.

Art. 22. – Applicable law and competent court

These Conditions and all disputes regarding their execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Seller is based.

If the Customer is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the User- consumer to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.

Art. 23. – Online dispute resolution for consumers

The Consumer residing in Europe must be aware of the fact that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services entered into on the net in a non-judicial manner. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Seller. The platform is available at the following address: http://ec.europa.eu/consumers/odr/