Terms of Sale

Effective from 21/12/2022

These general conditions govern the remote purchase through the website accessible at the URL www.hepcosmetics.com (hereinafter, the “Site”) of goods and services in the catalogue and/or requested by customers through specific customizations, where applicable. These General Conditions of Sale are drawn up in compliance with Legislative Decree 6 September 2005, n. 206 and subsequent amendments (“Consumer Code”), with particular reference to Section II, and Legislative Decree 9 April 2003, n. 70 implementing the EU Directive on Information Society Services (so-called “E-Commerce Directive”).

1) Service provider

The website www.hepcosmetics.com is the information and e-commerce website of the company HEP COSMETICS Srl , with registered office in Rome (RM), via di Casal del Marmo 30, CAP 00135, REA number RM - 1681680, registered in the Rome Company Register, with registration number, VAT number and Tax Code 16883391001, e-mail address hep@hepcosmetics.com.

Through the Site it is possible to purchase online the products put on sale by HEP COSMETICS S. rl with the brands or other distinctive signs authorised by HEP COSMETICS S. rl or with the brands or other distinctive signs of which HEP COSMETICS S. rl is the licensee as an authorised reseller and/or distributor.

2) Scope of application

These General Conditions of Sale govern the offer and sale of products via the site by HEP COSMETICS Srl and are made available to users in order to allow storage and printing. Any changes and/or new conditions will be effective from the moment of their publication on the Site. Before proceeding with the confirmation of the purchase order, the user is required to carefully read all the information that HEP COSMETICS Srl provides through the Site and expressly approve these general conditions of sale.

These General Conditions of Sale do not regulate the sale of products by parties other than HEP ​​COSMETICS Srl who may be present on the Site via links, banners or other hypertext connections, for which services HEP COSMETICS Srl is in no way responsible.

3) Registration on the Site

To proceed with the purchase of products on the Site, prior registration is required. Users who are consumers, i.e. users who have made a purchase on the Site for purposes other than their business, commercial, artisanal or professional activity, and users who do not have this status, whether they are natural persons or companies or entities of any kind, can register free of charge.

To register on the Site, the user must fill out a specific form by entering the requested data. The user guarantees that the personal data provided to HEP COSMETICS Srl are true and refer to the user himself, releasing HEP COSMETICS Srl from any liability in this regard . By registering, a personal account is opened that allows the user to manage his personal data and access all information relating to orders. It is forbidden to create multiple accounts referable to the same person, natural or legal, to companies and/or entities of any kind. It is also forbidden to enter personal data of third parties or fictitious or untrue.

The purchase of products on the Site is reserved for adult users only and, therefore, registration on the Site is prohibited to minors under the age of 18.

HEP COSMETICS Srl reserves the right to close all accounts created in violation of the aforementioned prohibitions.

The user is required to keep the registration credentials with extreme care and attention, not to give them to third parties and to immediately report any unauthorized use of the same by sending a specific communication to the email address hep@hepcosmetics.com.

4) Methods of conclusion and execution of the sales contract via the Site

To proceed with the purchase of one or more products, the registered user must fill out an order proposal form in electronic format, confirm it and send it to HEP COSMETICS Srl following the instructions that will appear on the screen from time to time. By confirming the order proposal, the customer accepts its contents and gives HEP COSMETICS S. rl . the task of shipping the goods on his behalf via one of the couriers affiliated with the aforementioned company.

The user must carefully review all the information provided during the purchase procedure, the characteristics of the products he/she intends to purchase, as well as the Privacy Policy and these conditions of sale, which he/she declares to accept in full.

HEP COSMETICS Srl will confirm correct receipt of the order proposal by email to the email address provided by the user.

The purchase contract is considered concluded when the order proposal is accepted by HEP COSMETICS S. rl, which reserves the right to refuse proposals, in particular if they come from users with whom there are ongoing disputes or who have violated the conditions of sale or the legislation regarding credit card payments.

This acceptance will contain a summary of the conditions relating to the distance contract stipulated, information relating to the essential characteristics of the goods, the indication of the price, means of payment, delivery costs and applicable taxes. At the same time as the conclusion of the sales contract, HEP COSMETICS Srl will issue the relative electronic invoice. This document is the only documentary evidence that can be used to exercise the warranty rights relating to the products sold.

In the event of any impossibility, even temporary, to process an order partially or totally, HEP COSMETICS Srl will promptly send an email to the Customer, who may request the cancellation, even partial, of the order and the refund of the corresponding amount already paid by credit card. In this case, HEP COSMETICS Srl will refund the Customer the entire amount within fifteen working days from the cancellation date by transferring the amount charged with the same payment method used by the user.

The order form will be stored in the HEP COSMETICS Srl database. The registered user will be able to access his/her order by consulting the “Orders” section of the personal account.

The language available to users for the conclusion of the contract is Italian.

5) Products purchasable through the Site

The products that can be purchased through the Site are the items in the electronic catalogue published on the Site at the time the order is placed, as described in the relevant information sheets. The images of the products are for information purposes only and may not correspond perfectly in colour and size to the actual products depending on the monitor or browser used by the user.

In the event of subsequent unavailability of the ordered product, HEP COSMETICS Srl will immediately notify the user by email. The user may then choose whether to cancel the order or accept an extension of the delivery terms if the product can be restocked, by replying within ten days to the email address hep@hepcosmetics.com. In the event of no reply within the aforementioned deadline, the order will be considered cancelled and HEP COSMETICS Srl will refund the amount within 15 (fifteen) working days from the expiry of the deadline, transferring the total amount charged resulting from the order with the same payment method used by the user. HEP COSMETICS Srl cannot be held responsible for any delays or omissions in crediting the user with the refund amount depending on the banking institution, the type of credit card or the payment solution used.

6) Prices and payment methods

All product prices published on the Site are expressed in Euros and are to be considered inclusive of taxes and Value Added Tax. Shipping and delivery costs are communicated to the user in advance when completing the order proposal form. Shipping costs for the goods and the risks arising from them are the sole responsibility of the buyer.

HEP COSMETICS S. rl . reserves the right to change the prices of the products and the contribution for shipping costs without notice, it being understood that the price charged to the user will be the one indicated in the summary of the order proposal and displayed by the user before the transmission of the same and that any subsequent variations, whether increases or decreases, will not be taken into account. HEP COSMETICS Srl will charge the total amount due at the time of transmission of the order proposal. The following payment methods are provided:

to)    PayPal

For payment, the customer can use the Paypal circuit according to the specific methods of the same.

b)   Credit card

The customer can purchase the products directly from the site by Credit Card. The credit cards accepted are those of the Visa, MasterCard and American Express circuits. In no case and at no stage of the payment will HEP COSMETICS S. rl . be able to know the information relating to the Customer's credit card, transmitted via a protected connection directly to the site of the banking institution that manages the transaction. No computer archive of HEP COSMETICS S. rl . will store such data and therefore in no case will HEP COSMETICS S. rl . be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment.

7) Delivery of products and related costs

The delivery of the products is carried out only on Italian territory at the cost specifically indicated on the Site before sending the order proposal to the shipping address indicated therein by the user.

Upon delivery of the products to the carrier by HEP COSMETICS Srl, the risk related to their transportation will be borne by the Customer. An email will be sent to the user confirming the delivery of the Products to the carrier with the tracking number and/or the link to follow the shipment.

Delivery will take place as quickly as possible and, in any case, within thirty days from the date of acceptance of the order proposal by HEP COSMETICS S. rl. If delivery does not take place within the aforementioned term, nor within the subsequent additional term determined at the Customer's request, the consumer is entitled to terminate the contract, without prejudice to the right to compensation for damages.

In the event of a failed delivery due to the recipient's absence at the address specified by the user, the courier will leave the recipient a notice of passage containing the number to contact them. After the second unsuccessful delivery attempt, the package will be "stored" by the courier. In the event that the user does not contact the courier, nor collect it from the courier within five days of delivery of the second notice of passage, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Civil Code with consequent reimbursement, within fifteen working days of the termination of the contract, of the amount charged, minus the costs of unsuccessful delivery, storage costs and any costs associated with the return to HEP COSMETICS S. rl.

Delivery times are to be considered as purely indicative and a delay with respect to them does not entitle the Customer to refuse delivery and to request compensation or indemnity.

In the event that a package is not delivered within the expected time frame, the customer is invited to immediately notify the email address hep@hepcosmetics.com . HEP COSMETICS Srl, after verification, will inform the Customer whether it is a simple delay or another problem. In the event that it is impossible to deliver the products because the Customer has communicated an incorrect or incomplete address, it will be necessary to make a second shipment, the cost of which will be borne by the Customer.

Upon delivery of the products, the user is required to check:

a) that the number of packages delivered corresponds to that indicated in the transport document.

b) that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).

The user must immediately report any anomalies on the carrier's transport document, accepting the package with reservations. If the courier refuses to record the incident, the Customer may refuse the package, requesting its return to the sender due to damage to the contents and immediately notifying HEP COSMETICS S. rl. Receipt of the products without reservations does not allow the user to take legal action against the courier in the event of loss or damage to the same, except in the case in which the loss or damage is due to fraud or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt.

8) Right of withdrawal

Pursuant to articles 52 et seq. of the Consumer Code, the user who has the status of consumer has the right to withdraw from the purchase contract of the products without having to provide any reason and without any penalty, within fourteen working days from the date of receipt of the products, by written communication to the following e-mail address:

hep@hepcosmetics.com

or to the address:

HEP COSMETICS Srl

Via Casal del Marmo 30

00135 Rome (RM)

In the withdrawal declaration, the consumer must indicate his/her personal data, address, order number and date, and the products for which he/she intends to exercise the right of withdrawal.

In the event of withdrawal, the Customer must return the products to HEP COSMETICS Srl using a carrier of his/her choice and at his/her own expense, without undue delay and in any case within 14 (fourteen) days from the date on which he/she communicated his/her decision to withdraw. The return of the products takes place under the responsibility of the user for their transport.

HEP COSMETICS Srl will refund the Customer the entire amount already paid within 14 (fourteen) days from the day on which it was informed of the consumer's decision to withdraw from the contract, through a reversal procedure of the amount charged, using the same means of payment used by the Customer for the initial transaction. In any case, the Customer will not bear any costs as a consequence of said refund.

HEP COSMETICS Srl may withhold the refund until it has received the goods or until the consumer has demonstrated that he has sent the goods back, depending on which situation occurs first.

For withdrawal to be possible, the product must be intact and returned in the original packaging, complete in all its parts. The right of withdrawal is not applicable in the case of supply of sealed goods that have been opened after delivery (e.g. creams, cosmetic products, food supplements and other similar goods), as they are not returnable for reasons of hygiene and health protection.

In the event that the withdrawal has not been exercised in accordance with the provisions of the law, HEP COSMETICS Srl will notify the user, who will not be entitled to any refund. The product will remain at HEP COSMETICS Srl at the user's disposal for collection, which must take place at the user's expense and under his/her responsibility.

9) Legal Guarantee

The Legal Guarantee is reserved only for users who have made the purchase on the Site for purposes other than their entrepreneurial, commercial, artisanal or professional activity. For other customers, the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code will be applied, to be enforced within one year of the sale and subject to prior notification of the defect, which must be communicated within eight days of discovery.

By virtue of the Legal Guarantee, HEP COSMETICS Srl is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of that moment.

Unless proven otherwise, any lack of conformity which becomes apparent within one year of delivery of the product is presumed to have already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the lack of conformity.

The action aimed at asserting defects not fraudulently concealed by the seller expires, in any case, within twenty-six months from delivery of the goods; the consumer, who has agreed to the execution of the contract, can however always assert the rights under art. 135-bis of the Consumer Code.

In the event of a lack of conformity of the goods, the consumer has the right, without charge, to repair or replacement, provided that it is possible and does not impose disproportionate costs on the seller. If neither repair nor replacement is possible, the consumer can request a proportional reduction in price or termination of the contract provided that the defect is not minor. If the consumer terminates the sales contract entirely or only limited to some products, he must return the non-compliant products in the original packaging, complete in all its parts, including packaging and any documentation and accessory equipment. HEP COSMETICS Srl will reimburse the consumer the price paid upon receipt of said products or proof provided by the consumer regarding the return or shipment of the same.

To comply with the sales contract, the goods must correspond to the contractual description, type, quantity and quality; be supplied together with all the accessories and instructions provided for in the sales contract; be suitable for the purposes for which goods of the same type are normally used; possess the characteristics ordinarily present in goods of the same type and that the consumer can reasonably expect, taking into account the nature of the goods and the declarations on the product label and published on the Site.

The consumer must report the alleged lack of conformity via email or regular mail to the addresses specified in the previous point 8) to HEP COSMETICS Srl, which will respond as quickly as possible indicating the procedures to be implemented in compliance with the legislation summarised here.

10) Privacy

The personal data collected will be processed by HEP COSMETICS Srl in compliance with EU Regulation 2016/679 and the privacy policy on the Site.

11) Copyright

Trademarks, logos and other distinctive signs present on the Site belong to their respective owners. The use of trademarks, logos and other distinctive signs is prohibited, including reproduction on other websites by unauthorized third parties. The contents of the Site are protected by copyright (texts, images and graphics).

12) Complaints and requests for information

Any complaints or requests for information may be addressed to HEP COSMETICS Srl in the following ways:

a) by e-mail: hep@hepcosmetics.com

b) by post to the address: HEP COSMETICS Srl, Via di Casal del Marmo 30, 00135 Rome (RM)

HEP COSMETICS Srl will respond to complaints by email or post as soon as possible.

13) Applicable law and competent court

The sales contract referred to in these Conditions is governed by Italian Law. In the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the competent court is the court of the place where the user resides or has elected domicile if located in the territory of the State. In all other cases, disputes relating or connected to the sales contract stipulated with HEP COSMETICS Srl or in any case connected to these General Conditions of Sale, are reserved to the exclusive territorial jurisdiction of the Court of Rome.

14) Alternative dispute resolution ADR/ODR

Pursuant to art. 141-sexies, paragraph III, Consumer Code, HEP COSMETICS Srl informs the consumer user that, in the event that it has not been possible to resolve a dispute following a complaint submitted directly to HEP COSMETICS Srl, the latter will provide all information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale, specifying whether it intends to avail itself of the relevant ADR bodies to resolve the dispute itself.

HEP COSMETICS Srl also informs the consumer user that a European platform for the online resolution of consumer disputes has been established, defined as the ODR platform, which can be consulted at the following address https://ec.europa.eu/consumers/odr/.

Through this ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved.