Clemoonie.it/clemoonie.com (hereafter the "Site") is a site for electronic commerce accessible through the Internet at www.clemoonie.it or www. clemoonie.com It is open to all internet users (hereinafter referred to as “Users"). It was created by the company DrGm srl, with headquarter in Rome Via Del Tritone, 169, registered in the commercial enterprises register of Rome with the number 12984071006. The site allows Drgm srl to promote the sale of cosmetic products (hereinafter the "Products ») To users who browse the Site (hereinafter" Users "). For the application of the following, it is agreed that the User and Drgm srl will collectively be called the "Parties" and individually named the "Party", and that the User who has validated an order will in this case be called "Buyer" . The rights and duties of the Buyer necessarily apply to the Buyer.
It is specified that the Products are intended for the User's personal use, without any direct relationship with their professional activity. In this regard, the User's attention is drawn to the fact that he cannot submit an order whose amount exceeds the sum of one thousand euros.
The User who intends to purchase on the Site declares to have full legal capacity.
These General Terms and Conditions of Sale comply with the provisions of Law No. 2014-344 of March 17, 2014, regarding consumer protection.
Article 1. Object
These general conditions of sale are intended to define, worldwide, exclusively on the basis of the relationships they establish on the Internet and solely on the Site, the rights and duties of the Parties arising from the online sale of the products offered on the Site The Purchaser declares to have read it, therefore each order made by the Purchaser for one or more products implies acceptance without reservations and the complete implicit acceptance of these General Conditions of Sale and guarantees which prevail over any other document, to exception of particular conditions explicitly accepted in written form by Drgm srl.
Article 2. Products – Prices
The Products offered for sale by Drgm srl are those present on the Site, on the day of consultation of the Site by the User and within the limit of available stocks. The photographs illustrating the Products do not fall within the contractual scope. If they should be incorrect, Drgm srl declines any responsibility in this regard.
Similarly, Drgm srl declines all responsibility for any use of the products other than that indicated on the packaging.
The prices of the products are expressed in Euro, already inclusive of VAT applicable on the day of the order. Drgm srl reserves the right, that the User declares to accept, to change the prices at any time, but the Products will be invoiced on the basis of the rates shown at the time of the order, subject to the availability of the aforementioned Products. Any shipping costs are invoiced as a supplement.
Article 3. Registration and validation of the order
3.1. Consultation of the Site
The User can freely consult the various pages of the Site, without being obliged to submit any order.
3.2. Registration of an order
If the User wishes to place an order, he will choose the Products he is interested in by clicking on the "Add to cart" box.
At any time, the User can:
- obtain a summary of the selected products or modify your order by clicking on "my cart" accessible from the button at the top right of each page of the "Our products" menu, end the selection of Products and order them by clicking on "my cart ".
The order summary will be displayed on the screen. If the list displayed corresponds to the Products chosen, the User can continue the order by clicking on the option "Checkout”. The User must therefore carry out the identification by typing in the e-mail address and password, or by filling in the exact form on which he must indicate the data necessary for identification, in particular name, surname and postal address. The User is aware and accepts that the insertion of data is valid for the purpose of proof of identity and gives his consent.
3.3. Final order validation - Payment security
After taking note of the status of the order and once all the required information has been saved, the User can select the payment method he wishes to use to pay for the order. You must click on the option "Continue to payment” to make the payment. The User can pay for his purchases by credit card (Visa Card, Mastercard). You must provide the name on the card, the card number and validity date, as well as the control code located on the back of the card. The User can also pay for purchases through the PAYPAL secure payment system. Payments through PAYPAL are made on the secure PAYPAL website (www.paypal.com). All information exchanged for payment processing purposes is encrypted using the S.S.L (Secure Socket Layer) protocol. The data cannot be collected, intercepted or used by third parties.
As soon as the User click on “Complete order” and the payment is validated, the User returns to the Site. His order is registered and becomes irrevocable. The User then becomes a Buyer. The order form is registered in the computer records of Shopify inc. stored on a reliable platform and will be considered as evidence of the contractual relations between the Parties.
3.4. Order confirmation
As soon as the payment is confirmed, the order summary will be sent to the Buyer by e-mail, to the address indicated during the identification phase. The summary will contain the following information: methods of payment, delivery and shipping costs where provided, characteristics of the product (s) ordered, conditions and methods of exercising the right of withdrawal, address to which the Purchaser can make complaints, information relating to after-sales service and commercial guarantees.
Article 4. Delivery
Delivery will be made within seven (7) days from the day following that of the validation of the order by the Buyer.
4.1. Delivery methods
Upon receipt of the ordered Products, the Purchaser must verify the conformity of these Products. Any anomaly concerning the shipment (missing or broken product, damaged package) must be reported by the Purchaser on a receipt received by the carrier at the time of delivery of the package and must be strictly notified on the day of receipt or at the latest on the working day following the reception of the order, to CLEMOONIE consumer service, by e-mail addressed to email@example.com.
Any complaint made after this term will be rejected and Drgm srl will be released from any responsibility.
In the event of anomalies concerning the package or the Product(s), and after having reported them to Drgm srl within the period indicated above, the Purchaser must return of the Product(s) and the original packaging, according to the conditions set out in Article 5: "Right of withdrawal" defined below and within the term of fourteen (14) days from receipt of the order. The return must be accompanied by a letter showing the Buyer's contact details, the number and date of the invoice, the reference codes of the Products, as well as the reason for the request. Drgm srl reserves the right to check the returned Product(s), evaluate the reason for the request and consequently to proceed or not with the free replacement of the Product(s) without any obligation to indemnify. In case of unavailability of the ordered product, the Purchaser will be informed of this unavailability.
Upon agreement with the Buyer, a product of equivalent quality and price will be offered. In the absence of the agreement of the Purchaser, the latter may, if necessary, be reimbursed within thirty days after the payment of the sums he has paid. The return costs resulting from the exercise of the right of withdrawal will, in this case, be borne by the Company DRGM SRL. Drgm srl declines all responsibility in case of non-delivery or delay in delivery due to a case of force majeure, by third parties or an error attributable to the consumer. In the event of a delay in delivery, the Purchaser must report this delay as soon as possible to the CLEMOONIE consumer service, by writing an e-mail addressed to firstname.lastname@example.org.
Article 5. Right of withdrawal
The Buyer has a period of time of fourteen (14) days to communicate to Drgm srl the intention to withdrawal. The time period begins from the day of receipt of the order. To exercise the right of withdrawal, the Buyer must promptly inform CLEMOONIE of the decision to cancel, by ordinary mail. The Buyer can use the withdrawal form.
The Purchaser must also return, at its own expense, the Product(s) in the original packaging, no later than fourteen (14) days from the communication of the decision of the withdrawal, to the following address:
DRGM SRL - Viale Giorgio Ribotta, 11 - 00144 Rome
- In the event that the fourteenth day corresponds to Saturday, Sunday or public holiday, the term is extended to the first following working day. If all the aforementioned conditions are met, Drgm srl will reimburse the Purchaser all the sums paid, in the shortest possible time and no later than fourteen (14) days from the date on which Drgm srl is informed of the Purchaser's decision to terminate. Drgm srl reserves the right to defer the refund until the return of the Product(s). The initial shipping costs are included, while the return costs are borne by the Buyer.
Article 6. Force majeure
None of the Parties can be held responsible for the total or partial non-fulfillment of the obligations deriving from this contract, if this non-fulfillment is caused by a case of force majeure. Events that meet the criteria set by the jurisprudence will be considered cases of force majeure. The Appealing Party to a case of force majeure must notify the other Party within five (5) working days of the occurrence or threat of such an event. The Parties agree that they will have to find an agreement as quickly as possible in order to jointly determine the methods of execution of the order during the duration of the case of force majeure.
Article 7. Partial invalidity
If one or more rules of these general conditions of sale are considered void or declared as such in application of a law, regulation or following a final decision by a competent jurisdiction, all the other rules remain in force and they maintain their reach.
Article 8. Completeness of the contract
These general conditions of sale and the summary of the order sent to the Buyer constitute a contractual unity and completeness of the contractual relationships between the Parties. In the case of contradiction between these documents, the general conditions of sale will prevail.
Article 9. Intellectual property
The Clemoonie.it/Clemoonie.com website is an intellectual work protected by Intellectual Property Law. Each element that composes it (in particular, brands, logos, photographs, images, illustrations, texts, slogans, videos) are the exclusive property of Drgm srl, the only entity that can use intellectual property rights and related personality rights. Any reproduction and / or integral or partial representation, use, adaptation or modification of the Site or of any element that composes it, on any support and form, for different purposes and in particular for commercial purposes, is explicitly prohibited. Any reproduction and / or representation of the Site or of any element that composes it must be the subject of prior explicit authorization by DRGM SRL. The creation of hypertext links to the Site can only be carried out with prior written authorization from Drgm srl. The brands mentioned on the Site are registered trademarks, therefore they are protected and exclusive property of Drgm srl.
Article 10. Applicable law - Jurisdiction
These general conditions of sale and the contractual relations between Drgm srl and the Buyer are governed by Italian law. Any dispute relating to the interpretation, execution or withdrawal of these general conditions of sale will be subject, except for amicable settlement, to the exclusive jurisdiction of the Court of Rome.
The Site and these legal notices are subject to Italian law.
Copyright - Copyright related to the site
The Site is an intellectual work protected by copyright law. The site and each element that composes it (such as trademarks, logos, photographs, images, graphics, texts, video clips, etc.) are the exclusive property of DRGM SRL, the only owner of these intellectual property rights and the rights of the afferent person, who does not authorize the granting of any license, or any other right other than the consultation of the site. The reproduction of the materials contained on the site is permitted exclusively for information purposes and for strictly personal and private use. The reproduction or representation, total or partial, of the site or of any element that composes it on any support and by any means, and for any other purpose and specifically for commercial purposes is expressly prohibited. Any request for authorization must be sent to the following address: Drgm srl Via Del Tritone, 169 00187 Rome. Unauthorized use constitutes counterfeiting subject to criminal penalties.
Use of the Site
Drgm srl makes every reasonable effort to update the content of the Site and to present users with exact information. However, Drgm srl does not guarantee the precision, accuracy or completeness of the data entered on the Site. DRGM srl declines any responsibility for any inaccuracies or omissions on the site as well as for any damages deriving from illegal third-party access that may cause the modification of said data. Any errors or omissions must be notified to the following address: Drgm srl via Del Tritone, 169 00187 Rome.
Access to the Site
Drgm srl makes every reasonable effort to keep the Site accessible, without thereby being bound by any performance obligation. It is expressly specified that access to the Site may be interrupted to provide for its maintenance, updating and for any other technical reason. Drgm srl is in no case responsible for these interruptions and the consequences for the User that may derive from them.
Drgm srl is committed to keep the personal User information collected strictly confidential (in particular through the subscription to the newsletter, participation in games / competitions or online purchases). Finally, unless opposed by the User, Drgm srl may communicate the data to its partners. In accordance with the provisions of Italian law regarding the protection of personal data, the User has the right to access and modify their personal data and to request their cancellation or data freezing. The User can exercise this right by sending a letter to the following address:
DRGM SRL - Viale Giorgio Ribotta, 11 - 00144 Rome
or by e-mail to email@example.com
Amendment of the information
Drgm srl reserves the right to modify this information on the use of the Site at any time, in particular in order to comply with any new norm or legislation or in order to improve the User's experience of the site. Any modification of the use of the Site will be integrated in this information.
If the user wishes to share his opinion with Drgm srl regarding orders, deliveries or other concerns, he should not hesitate to contact the consumer service via email at firstname.lastname@example.org.