mc2cosmetics.com

TERMS AND CONDITIONS

General Provisions

These terms and conditions apply exclusively between MC2 Cosmetic Lab S.r.l., with registered office at Via Mazzini 78/A, 22063 Cantù, CO, Italy, Economic and Administrative Index (REA) CO-422520, VAT No. 04138480134, hereinafter referred to as "MC2 COSMETICS," and any person making online purchases on website www.mc2cosmetics.com, hereinafter referred to as the "CUSTOMER." These terms and conditions may be subject to change and the date of their publication on  website is deemed to be the effective date.
 

ARTICLE 1 – Contract

ARTICLE 2 – Pre-contractual information for customer

Before concluding purchase contract, CUSTOMER must review characteristics of the goods, which are illustrated in the individual product pages at the time of selection by the CUSTOMER.
Before concluding purchase contract and before confirming the order with "obligation to pay,"  CUSTOMER is informed about:
- total price of the goods, including taxes, with a breakdown of shipping costs and any other costs;
- payment methods and related obligations;
- deadline by which MC2 COSMETICS undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these Terms and Conditions), as well as the standard withdrawal form pursuant to Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER will bear the cost of returning the goods in the event of withdrawal;
- the existence of the legal guarantee of conformity for purchased goods;
- after-sales assistance conditions and commercial guarantees provided by MC2 COSMETICS.

CUSTOMER may, at any time and in any case before the contract is concluded, review information relating to MC2 COSMETICS, including its geographic address, telephone number, and email address, which are also listed below:

MC2 COSMETIC LAB S.r.l.
Registered office: Via Mazzini 78/A - 22063 Cantù (CO)
Tel. +39 3929431392
Mail: mc2@mc2cosmetics.com

ARTICLE 3 – Conclusion and Effectiveness of Contract

Sales contract is  concluded when MC2 COSMETICS sends to CUSTOMER an order confirmation email. This email contains CUSTOMER's informations, the order number, price of  purchased goods, shipping costs, delivery address and a link to print and archive a copy of these terms and conditions.
CUSTOMER undertakes to verify accuracy of personal data contained therein and to promptly notify MC2 COSMETICS of any corrections.
MC2 COSMETICS undertakes to describe and present items sold on  website in best possible way. However, some errors, inaccuracies or small differences between website and  actual product may occur. Furthermore, photographs of products presented on www.mc2cosmetics.com do not constitute a contractual element, as they are merely representative.
MC2 COSMETICS undertakes to deliver the goods within 30 days from date MC2 COSMETICS sends order confirmation email to the CUSTOMER.

ARTICLE 4 – Product Availability

Product availability refers to actual availability at the time CUSTOMER places order. However, this availability should be considered purely indicative because, due to  simultaneous presence of multiple users on website, products may be sold to other CUSTOMERS before order is confirmed.
Even after MC2 COSMETICS sends order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, order will be automatically adjusted by eliminating unavailable product and CUSTOMER will be immediately notified by email.
If CUSTOMER asks for order cancellation, thereby terminating the contract, MC2 COSMETICS will refund amount paid within 14 days of MC2 COSMETICS receiving notice of the CUSTOMER's decision to stop contract.

ARTICLE 5 – Payment Methods

All payments by CUSTOMER may be made only by credit cards listed on www.mc2cosmetics.com, by bank transfer or by PayPal.
In case of payment by bank transfer, please note that goods will be shipped only after MC2 COSMETICS has confirmed that the agreed-upon amount has been credited to the bank account indicated in the order confirmation email (therefore, the transaction may take up to 2-3 business days, depending on when the transfer was initiated).
In the case of payment by credit card or PayPal, the CUSTOMER will be redirected to payment platform (gateway), where they can securely complete the payment. The gateway directly manages the data entered on its website to process the payment. MC2 COSMETICS does not collect any data relating to the credit card used or the access codes for the PayPal payment method. This information is collected directly by the secure payment gateway system. Actual charge will be made when MC2 COSMETICS sends order confirmation email.

ARTICLE 6 – Prices

All product prices listed on www.mc2cosmetics.com are expressed in Euro and include VAT.
Shipping costs are not included in purchase price. They are indicated and calculated at the end of purchase process before payment.
CUSTOMER accepts MC2 COSMETICS's right to change its prices at any time; however, merchandise will be invoiced based on prices listed on website at the time order is placed and indicated in the confirmation email sent by MC2 COSMETICS.
In the event of a computer, manual, technical, or any other error that could result in a substantial change, unforeseen by MC2 COSMETICS, to the retail price, making it exorbitant or clearly negligible, purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days of cancellation date.

ARTICLE 7 – Right of Withdrawal

Pursuant to and in accordance with the Consumer Code, as amended by Legislative Decree No. 21/2014,  CUSTOMER is entitled to exercise right of withdrawal, without penalty and without specifying the reason, within 14 calendar delivery days of purchased goods. To exercise this right, CUSTOMER must send, within the indicated timeframe, a certified email to mc2lab@pec.it or a registered letter with return receipt, specifying their contact information: Name, Surname, Address, Order Number, Telephone Number, Description of the Product(s), IBAN (if applicable), and name of the account holder to which the refund is requested.

As soon as this communication is sent, CUSTOMER must ship, at their own expense and using a courier of their choice, product they intend to return, including a form (see below) with their details, which must be the same as those sent in the communication of exercising right of withdrawal.
Direct costs of returning goods are borne by the CUSTOMER. Cost is estimated to be approximately €30.00 (thirty/00). The returned product must reach MC2 COSMETICS within a maximum of 14 calendar days from date on which the withdrawal was communicated. Once the returned product has been received, MC2 COSMETICS will refund the price paid for the product(s) for which the right of withdrawal was exercised, within 14 calendar days from the day on which the decision to withdraw was communicated, provided that goods subject to withdrawal have been received by the company or unequivocal proof of shipment by courier has been provided.
CUSTOMER will be held liable, and therefore not entitled to compensation, for any diminished value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of goods.
For products for personal use, for hygiene and health reasons, previously used products cannot be returned.
Goods must be returned to:
MC2 COSMETIC LAB s.r.l., Corso Garibaldi, 50- 20121 MILAN
All risks related to transportation of returned products are borne by the CUSTOMER.
Goods must be returned intact in all their parts (i.e., exactly as received, i.e., unopened and unused) in their original packaging, complete in all their parts (including packaging and any accessories), and with the accompanying tax documentation. Without prejudice to the right to verify compliance with the above, MC2 COSMETICS will refund full amount of returned products within a maximum of 14 days, including any shipping costs. As provided for by Article 56, paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, MC2 COSMETICS may withhold refund until receipt of  goods or until the CUSTOMER has demonstrated that goods have been returned to MC2 COSMETICS.
MC2 COSMETICS will process refund using the same payment method chosen by CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if CUSTOMER intends to exercise his/her right of withdrawal, he/she must provide MC2 COSMETICS, by accessing "contacts" section or by email: mc2@mc2cosmetics.com, the bank details: IBAN, SWIFT and BIC necessary for MC2 COSMETICS to process the refund.
CUSTOMER may exercise right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or, alternatively, by submitting the standard withdrawal form, pursuant to Annex I, Part B, of Legislative Decree 21/2014 (not mandatory), the text of which is reproduced below:
Standard withdrawal form pursuant to art. 49, paragraph 1, letter h)
(Complete and return this form only if you wish to withdraw from the contract)
MC2 COSMETIC LAB s.r.l.
Corso Garibaldi, 50
20121 - Milano
Tel. +39 3929431392
E mail pec: mc2lab@pec.it
Subject: Return Notice
Order Number: (Please indicate order number for the item(s) purchased)
Buyer Information: (Please indicate your name, surname, address, telephone number, and email address)
Product for which you are exercising right of return: (Please indicate the brand, product name and format, and product code as per the order summary sent in the original shipment)
For purchases made by bank transfer, please also include:
IBAN Code: (Please indicate IBAN number of bank account to which you wish to receive the refund)
Account Holder: (Please indicate holder of bank account to which you wish to receive the refund)
Date
Signature

ARTICLE 8 – Legal Guarantee of Conformity

All products sold are covered by legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code, which covers any defects in the purchased items that exist at the time of delivery and become apparent within two years of delivery. Any defects or damage resulting from accidental events or CUSTOMER's liability for products use that is not in accordance with their intended use, or due to normal wear and tear, are excluded from the legal guarantee and, therefore, are excluded from the legal guarantee. In the event of receiving products that do not conform to the order or are defective, CUSTOMER has the right to have the product's conformity restored free of charge by repair or replacement. CUSTOMER may exercise this right if the defect becomes apparent within two years of delivery of goods and must report defect by sending a written communication to MC2 COSMETICS, specifying defects and faults found. CUSTOMER may request that MC2 COSMETICS replace item free of charge, unless the requested remedy is impossible or would impose disproportionate costs on the seller. CUSTOMER is not entitled to terminate the contract if the lack of conformity is only minor.

ARTICLE 9 – Delivery

Products will be delivered by express courier to address indicated by CUSTOMER when placing order, no later than 30 days after  CUSTOMER receives order confirmation email from MC2 COSMETICS.
For each order placed on www.mc2cosmetics.com, MC2 COSMETICS will issue a sales receipt (and/or shipping note) for goods shipped.

Invoices for products purchased by private customers are not issued as these are sales transactions not subject to tax certification requirement pursuant to Article 22, paragraph 1, no. 1 of Presidential Decree 633 of 1972 and Article 2 of Presidential Decree 696 of 1996. All customers will receive an order summary that has the same fiscal and legal value as a traditional receipt.

Invoice is available upon request of CUSTOMER, who must provide all the necessary information during registration on the site. The original document can be consulted at the certified email address or SDI code provided by  CUSTOMER during the order confirmation process, or in the private area of ​​the Revenue Agency. Invoice will contain  informations provided by CUSTOMER during registration process. Once the invoice has been issued, it will not be possible to make any changes. It's not possible  request an invoice after completing the order without providing all necessary informations (VAT number, tax code, SDI, and certified email address).

ARTICLE 10 – Liability

MC2 COSMETICS assumes no liability for disruptions due to force majeure or unforeseeable circumstances, including those resulting from internet malfunctions and disruptions, in the event that it is unable to fulfill order within the timeframe stipulated in the contract.

ARTICLE 11 - Access to website

CUSTOMER has the right to access the website for browsing and making purchases. Any other use, particularly commercial, of the site or its content is prohibited. All audio and visual elements of this site, as well as the technology used, remain the property of MC2 COSMETICS and are protected by intellectual property rights.

ARTICLE 12 - Cookies

ARTICLE 12 – Cookies
Website www.mc2cosmetics.com uses "cookies." Cookies are electronic files that record information about CUSTOMER's browsing experience on website (pages viewed, date and time of viewing, etc.)
They allow MC2 COSMETICS to offer a customed service.
MC2 COSMETICS informs CUSTOMER that they can disable creation of such files by accessing their Internet settings menu. It is understood that this may prevent CUSTOMER from completing online purchases.

ARTICLE 13 - Entirety

These General Terms and Conditions of Sale constitute the entirety of the clauses that comprise them. If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to law, regulation, or following a decision by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

ARTICLE 14 – Applicable Law and Jurisdiction

These General Terms and Conditions of Sale are governed by Italian law.Any dispute that cannot be resolved easily will be subject to  exclusive jurisdiction of the Court of CUSTOMER's place of residence or domicile, if located in Italy.
In any case, it's possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010 to resolve any disputes arising from interpretation and execution of these Terms and Conditions of Sale.

ARTICLE 15 – European Dispute Resolution Platform

Consumers residing in Europe are informed that European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any dispute relating to contracts for sale of goods and services concluded online and/or arising therefrom. Consequently, if you are a consumer established in Europe, you can use this platform to resolve any dispute arising from the online contract concluded on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr