Cosmetica S.r.l., registered office via Madonnina 15 - Brera - Milano - Italy, VAT Reg. no.09198410962,(hereinafter Cosmetica S.r.l.), - is the owner of the Diego Dalla Palma brand, which it sells and distributes all over the world through its points of sale and the Internet site www.diegodallapalma.it (hereinafter "Site"), which it owns.
These general terms and conditions of sale (hereinafter General Conditions), regulate the purchase of Cosmetica S.r.l. products (hereinafter Products) made online through the Site. These purchases are for the users of the Site only, resident in the European Union, who intend to use the services of sales of the Products (hereinafter Customers).
The Customer must be informed of and read these General Conditions before completing the purchase on the Site. This information is to be agreed as read, understood and accepted in full by the Customer when making an order for purchase. The Customer must therefore accept these General Conditions and hold Cosmetica S.r.l. exempt from any other conditions than those in force which have not been previously agreed in writing.
The Products available on the Site for online purchase are cosmetics. All the products are subject to current availability. Cosmetica S.r.l. reserves the right to vary the limits of the quantities and/or type of goods that can be purchased on the Site at any time. Customers will be informed if their orders cannot be filled because the product ordered is not available.
The prices of the Products are expressed on the Site in € (Euro) and are inclusive of all applicable taxes or duties. Delivery costs are excluded, unless otherwise indicated. Cosmetica S.r.l.constantly checks that all the prices shown on the Site are correct, but cannot guarantee the absence of errors. In the event that an error were to be found in the price of a product, Cosmetica S.r.l. will give the Customer the chance to reconfirm the purchase of the Products at the correct price or to cancel it.
Cosmetica S.r.l. reserves the faculty to offer special conditions of sale or promotions on the Products on its site. The conditions applied to the promotions will be regulated each time by Cosmetica S.r.l. through specific notifications to its Customers. For everything that is not otherwise regulated, these General Conditions will be deemed applicable.
To complete a purchase on the Site, registration is necessary. The procedure to register on the Site requires filling in an electronic form, with fields to be completed with the personal information and e-mail address of the Customer. This information will be processed according to the current laws on the protection of privacy. After registration, the Customer will have a personal account which can be accessed through a username and an access password which are strictly confidential. The assignment of this information guarantees anonymity for the Customer. It will be up to the Customer not to disclose the password to third parties for any reason.
The Customer will be held responsible for any irregular actions and behaviour or that are against current laws and regulations or these General Conditions committed by anybody who uses the personal account in their place. The Customer must promptly inform Cosmetica S.r.l. of any theft, misplacement or loss of the password, as well as any incorrect use of the account or the password by third parties they learn of.
We inform you that the Site contains links to other websites which may not have any connection with it and we specify that these General Conditions are valid only for the Site and not for other websites which are consulted by the user through links managed by other controllers, over which Cosmetica S.r.l. has no control or which it does not monitor. Cosmetica S.r.l. therefore declines all responsibility in the case of errors, content, cookies, publication of immoral or unlawful content, banners or files that are not compliant with the laws and regulations currently in force on the protection of privacy by sites that are not managed by the Cosmetica S.r.l. controller.
Data Controller and supervisors
The data controller is Cosmetica S.r.l., registered office Via madonnina 15 - Brera - Milano - Italy. .
The personal information provided by the Customer may be forwarded to third parties exclusively for the purposes of performing the services requested and institutional activities or those connected with the activity carried out.
In particular, the data processed by Cosmetica S.r.l. may be used:
a) for purposes connected with the obligations of the law or covered by Community regulations and laws as well as by provisions issued by authorities legitimized to do so by the law; b) for the purchase of Products through the appropriate order form; c) to process the orders; d) to provide services of assistance and customer care; e) for registration on the Site, through the relative registration form, to provide the services of access to the reserved areas; f) for purposes functional to the activity of Cosmetica S.r.l. for which you will have the faculty of expressing or denying your consent to the processing, including, for example: sending advertising material, newsletters, use of the information for statistical purposes and to create consumer profiles.
In relation to the purposes shown above, the processing is carried out by personnel in charge of the processing and using IT tools with processing by software and storage of the information in databases. The methods of processing are all based on criteria and principles closely connected and correlated with the purposes and, in any case, ensure the confidentiality and security of the information.
Compulsory or optional nature of the information requested and collected.
The personal information of the Customer is requested and collected and it must be given for the purposes shown under letters a), b), c), d) and e). In this case, refusal to consent will not allow the conclusion of the contract, i.e. the processing by Cosmetica S.r.l. of the Customer’s requests regarding the services available. Failure to give consent to the processing of optional information and for the purposes as per letter f) will not entail any prejudicial consequence. To facilitate the identification of the information which is compulsory, the relative field will be marked by an asterisk (*).
Subjects and categories of subjects to whom the information may be notified: To comply with the contractual obligations taken on, as well as to perform the services provided, Cosmetica S.r.l. also collaborates with external companies that perform activities which are closely connected with and instrumental to the performance and execution of the contracts concluded and services performed, such as: Transport companies and forwarding agents regarding the delivery of goods and customs formalities; Banks for collections and payments; Financial administrations and other bodies to fulfil legal obligations; Law firms for the protection of rights relating to contracts: Self-employed professionals for administrative and accounting requirements; Postal services; Companies connected with Cosmetica S.r.l. for purposes of market analysis, marketing and communication activities. The processing of information by these subjects therefore has the purpose of implementing the instructions received from customers and/or storage on IT supports. The information may also be communicated to subjects to whom communication is required due to legal obligations.
Rights of the Customer
In compliance with Art. 7 Legislative Decree 196/2003, the Customer is entitled to access the following information:
1. Confirmation of the existence or not of personal information concerning them, even if not yet registered, and their notification in intelligible form. 2. indication: a) of the origin of the personal information; b)of the purposes and methods of processing; c)of the policy applied in the case of processing using electronic instruments; d) of the identifying details of the data controller, supervisors and representative designated according to Art. 5, section 2; e)of the subjects or categories of subjects to whom the personal information may be notified or that may learn of it in their capacity of representative designated in the territory of the State, of persons with responsibilities or appointees
3. The person concerned has the right to obtain: a) the revision, correction or, if it is in their interest, the completion of the information; b) the cancellation, the transformation into anonymous form or the blockage of the information processed in violation of the law, including that which does not have to be stored in relation to the purposes for which the information has been collected or subsequently processed; c) proof that the operations as per letters a) and b) have been notified, including regarding their content, to those to whom the information has been notified or disclosed, except the case in which this obligation is impossible or entails a use of means which is clearly disproportionate to the respect of the right protected.
4. The person concerned has the right to oppose, in all or in part: a) for legitimate reasons, the processing of personal information concerning them, although pertinent to the purpose of the collection; b) the processing of personal information that concerns them for the purposes of sending advertising or direct sales material or to carry out market research or commercial communication.
Methods of purchase
Conclusion of the contract
The Contract entered into between Cosmetica S.r.l. and the Customer must be agreed as concluded when the order forwarded by the Customer, in the respect of the purchasing procedure shown on the Site and after having obtained authorization to debit by the company issuing the Credit Card used by the Customer for payment, reaches the address of the Site. The order sent by the Customer will be binding for Cosmetica S.r.l. only if the full procedure of purchase has been completed regularly and correctly, without any error being shown by the Site. Cosmetica S.r.l. is not responsible for any malfunctioning depending on the network operator transmitting the data. By sending the order to Cosmetica S.r.l., the Customer recognizes and declares having read all the instructions provided during the purchasing procedure and accepting in full the General Conditions. The purchase order form will be stored at the database of the Site for the period of time necessary to process the orders. Cosmetica S.r.l. will send the Customer by e-mail a confirmation of receipt of the purchase order sent by the Customer, containing the essential characteristics of the Products purchased, the date and time the order was made, the address of Cosmetica S.r.l., the information on the services of assistance and the commercial guarantees existing, the conditions of withdrawal, the detailed indication of the price, the method of payment chosen by the Customer and the delivery costs. The Customer, without delay, must check the contents of the notification and immediately report any errors or omissions to Cosmetica S.r.l..
Methods of payment
The Customer may make the payment of the price of the Products and relative delivery costs by credit card. Cosmetica S.r.l. accepts payments made by Credit Card or Bank Transfer. In order to avoid Internet fraud, the payment made through the Site is managed online by the bank concerned through the instruments offered by Paynova AB (hereinafter Paynova). This company is responsible for storing and automatically processing the information relative to each order, including the financial information, in a protected environment. All the financial information, such as the number of the credit card, the date of expiry etc. are directly handled by Paynova, which guarantees the security of online transactions. Cosmetica S.r.l. never learns of the details of the credit card and therefore cannot store them or keep them in any way.
For this reason, Cosmetica S.r.l. appoints Paynova to support its customers in all the steps of the payment process. Paynova can be contacted at the e-mail address email@example.com or at the telephone number 0046 771 921150.
The transaction will be debited to the Customer’s credit card only after the details of the credit card have been checked, authorization for the debit has been received from the company issuing the credit card used by the Customer and after the availability of the Product has been confirmed by Cosmetica S.r.l. and therefore after the order is ready to be filled. No debit will be made when the order is sent.
Bank Transfer payment In case of payment through Bank Transfer, it’s requested to provide for the payment within 3 days from the reception date of your order. In the bank transfer, it has to be specified as Reason for Payment the reference number of your order given at the moment of the purchase, the name and surname of the customer. The shipment of the product will be executed after the payment’s credit (credits will be credited after 3-4 working days on our account). Cosmetica Bank Data: Cosmetica S.r.l. - Via S. Carlo 28 - 40023 Castel Guelfo di Bologna (BO) IBAN:IT28T0638536750100000004522 Codice SWFT : IBSPIT2BIML
Transport and delivery
For the delivery of the purchases, the Customer may choose their own address, their work address or the private address of a person of their choice, whose address is within the European Union.
For safety reasons, deliveries will not be made to post office boxes and the order will not be processed.
For each order made on the Site, AGGF issues a receipt of the goods sent, sending it to the person whose name appears on the order, in accordance with Presidential Decree 445/2000 and Law Decree 52/2004. For the issue of the receipt, the information provided by the Customer when placing the order is used. No variation in the receipt will be possible after it has been issued.
The delivery costs are at the expense of the Customer and are shown distinctly on the order form. They may vary according to the method of delivery chosen and the place of destination of the Products. All the purchases will be delivered by UPS courier service (hereinafter “Courier”) sent the business day after the date of conclusion of the order. The orders will be processed and delivered from Monday to Friday, excluding public holidays and national holidays. Cosmetica S.r.l. is not responsible for unforeseeable delays, notwithstanding that, save cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days with effect from the day following that on which the Customer sent the order to Cosmetica S.r.l..
For the delivery of the goods, the presence of the Customer or of a person appointed by the same is necessary at the address of the consignee shown on the order. On the delivery of the goods by the Courier, the Customer must check: (i) that the number of parcels being delivered corresponds to what is shown on the transport document (DDT); (ii) that the packaging is intact, not damaged, wet or modified in any way, including the materials used to close it.
Any damage to the packaging and/or the product or failure of the number of parcels or indications to correspond, must immediately be reported, placing a written reserve of checking on the receipt of delivery of the Courier. After signing the Courier’s document, the Customer may not make any complaints on the outer characteristics of what has been delivered.
If Cosmetica S.r.l. cannot deliver the goods ordered following lack of availability, including temporary, of the products, it will promptly inform the Customer and, in any case, no more than 30 (thirty) days afterwards, by e-mail. The amount already paid by the Customer will be reimbursed as soon as possible and in any case no more than 30 (thirty) days after receipt of the purchase order.
Cosmetica S.r.l. will send the Customer an e-mail of confirmation after having sent the Products. In order to guarantee the security of the delivery of the Product, Cosmetica S.r.l. will keep the delivery number of each delivery made.
Returns, cancellations of orders and right of withdrawal
Cosmetica S.r.l. intends to guarantee complete Customer satisfaction. Cosmetica S.r.l. will reimburse the cost in full of the Products that are returned by the Customer which have not been used and are not damaged, as well as accompanied by the relative receipt.
The reimbursements will be made with the same payment method as for the purchase. The goods purchased may be returned within a maximum of 10 (ten) business days from the date of delivery. Products purchased online cannot be reimbursed or returned to physical points of sale. The delivery charges cannot be reimbursed.
The delivery costs for the return of the Products are at the expense of the Customer; any cost borne by the Customer for the return cannot be reimbursed. Cosmetica S.r.l. reserves the right to refuse the return of those Products which fail to meet the requisites as per the previous paragraph.
Each delivery will contain easy instructions for the return of the products. AGGF will undertake to promptly reimburse the Customer within and not more than 30 days from the date of receipt of the written order of cancellation and return of the product. Cosmetica S.r.l. will send an e-mail of notification after having made the reimbursement.
The products to be returned should be sent using an insured courier service in order to trace the delivery.
Cosmetica S.r.l. will not be responsible for the reimbursement or indemnity for those returned products which are lost, stolen or damaged. In accordance with Art. 64 of Legislative Decree no. 206/2005, the Customer is entitled to withdraw from the contract without any penalty and without specifying any reason within 10 (ten) business days from the date of receipt of the Products, holding good the provisions of the paragraphs below. To exercise the right of withdrawal, the Customer must send to the following address:
via madonnina 15
brera - milano - italy
a letter by recorded delivery, containing:
a statement of the Customer’s wish to benefit from the right of withdrawal in accordance with art. 64 of Legislative Decree 206/2005; the indication of the Products for which the Customer wishes to benefit from the right of withdrawal; the progressive order number issued at the time of purchase; The letter may also be sent, again within the aforementioned period of 10 (ten) business days, by telegram, telex and fax, on condition that it is confirmed by letter by recorded delivery within the following 48 (forty-eight) hours.
If the Customer wishes to modify or cancel the order made, they must send an e-mail to firstname.lastname@example.org, within 24 hours from when it was made.
Cosmetica S.r.l. will do everything possible to meet the Customer’s request. However, once a product has been sent, the order cannot be cancelled or modified until the goods sent are returned to Cosmetica S.r.l.. In this case, reference is made to the procedure described in the previous paragraphs.
Errors and inaccuracies
Cosmetica S.r.l. has the objective of providing constantly updated information on its Site. However, it is not possible to guarantee that the Site is completely free of any errors. The Site could contain typing errors, errors, inaccuracies or omissions, some of which could refer to the price and the availability of the Product and to the Product information. Cosmetica S.r.l. reserves the right to correct the errors, the inaccuracies or the omissions even after an order has been sent and it also reserves the right to change or update the information at any time without prior notification.
Guarantee of authenticity
Cosmetica S.r.l. guarantees the authenticity of all the Products purchased on the Site. The Products with the Diego Dalla Palma brand are made with the finest raw materials and comply with the regulations currently in force applicable to cosmetic products. All the intellectual property rights such as trademarks and copyrights are the exclusive property of Cosmetica S.r.l.. No page or content of this Site may be reproduced without prior and explicit written authorization.
Modification of the general conditions
These General Conditions are regulated by Italian law.
Cosmetica S.r.l. reserves the right to modify these General Conditions of sale at any time. Any changes, modifications, cancellations or additions will have immediate effect after they have been notified by means of notes published on the Site. After having made the notification, any access and use of the services of Cosmetica S.r.l. by the Customer is to be agreed as complete acceptance of the changes made.
In the event that any disputes were to arise concerning the interpretation and the execution of these general conditions of sale between Cosmetica S.r.l. and Customers, these disputes are referred to the exclusive competence of the judge of the place of residence or address of the consumer.
For further information and assistance on the Site or on the methods of purchase online, please contact the following e-mail address: email@example.com or the following address: