The purpose of these general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions") is to regulate the purchase of products and services made at a distance and provided through the Internet on the website www.dhermia.net (hereinafter referred to as the "Site"), in compliance with the Italian regulations as stipulated in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter referred to as the "Consumer Code"), where applicable. The seller of the products and the owner of the Site is Cosmesit Srl, located at Via Valtesino, 323-325, Grottammare (AP), VAT No.: IT02065440444, duly authorized by the Ministry of Health for online retail sales.
The user who accesses the Site to make purchases (hereinafter referred to as the "Customer") is obligated, before submitting the order, to carefully read these General Conditions. They are made available on the Site and can be consulted at any time by the Customer, including through the link contained in the confirmation email of each order. This provision allows the Customer to reproduce and memorize them.
These sales conditions may be modified or updated at any time by Cosmesit S.r.l., and the user undertakes to read them before placing any order. The reference legislation for distance contracts is found in Section II of Legislative Decree no. 206 of 6 September 2005. The contract will be concluded through the user/purchaser's access to the website www.dhermia.net. Here, following the specified procedure, they will formulate the proposal to purchase the products. The contract shall be concluded upon acceptance of the order by Cosmesit, and the user will be notified by email of the acceptance thereof.
By submitting the order, the user implicitly declares that he/she has read all the indications present during the purchase procedure and accepts these general conditions in their entirety. In case of non-acceptance of the order, Cosmesit S.r.l. undertakes to notify the user in a timely manner. Once the online purchase proposal has been made, the user must print, save an electronic copy, or keep these general conditions of sale as provided for by Legislative Decree no. 206/2005.
Any right of the purchaser to damages or compensation is denied, and any contractual or extra-contractual liability for any direct or indirect damages to persons and/or things due to the non-acceptance or non-fulfillment, in whole or in part, of the order is excluded.
All communications to Cosmesit S.r.l. shall be made exclusively to the physical address specified on this page or by e-mail.
Prices, Content, and Availability of Products
All prices displayed on the site include VAT.
Prices and availability indicated in this catalogue are subject to stock-outs and may change due to market or other reasons. Discounts, vouchers, and promotions are never cumulative. The images shown on the website are purely indicative and may significantly differ from the actual product available.
The total cost of shipping to the customer's home is the customer's responsibility. This cost will, in any case, be disclosed to the customer before the purchase is confirmed.
The purchase contract is concluded through the precise completion and consent to the purchase expressed through the adhesion given "online". The customer may pay for the goods ordered using the payment methods indicated "online" at the time of purchase.
Liability
Cosmesit S.r.l. shall not be held responsible for inefficiencies attributable to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed timeframe.
Cosmesit S.r.l. shall not be responsible for any fraudulent or illicit use made by third parties of credit cards, cheques, and other means of payment when paying for the purchased products. In fact, at no time during the purchase procedure is Cosmesit S.r.l. able to know the buyer's credit card number, which is transmitted directly to the bank service provider through a secure connection.
It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the relative further communications.
The customer indemnifies Cosmesit S.r.l. from any responsibility arising from the issuance of incorrect fiscal documents due to errors in the data provided by the customer. The customer is solely responsible for the correct entry of such data.
Unless otherwise indicated, we reserve the right to dispatch available products by refunding or removing out-of-stock products from the order. If, on the other hand, partial fulfillment is explicitly requested by the customer, he/she shall bear the additional shipping costs.
Missing products or parts thereof in the package must be declared within 24 hours of receipt of the package (also by email).
For the shipment of products, Cosmesit S.r.l. shall rely on specialized couriers of proven reliability for the delivery of orders in Italy and abroad. All shipments shall be accompanied by the mandatory documentation accompanying and identifying the goods (invoice, transport document).
Shipping costs will be indicated at the end of the order placement process and will appear when the shopping cart is confirmed.
The average order processing time is 2-5 working days from payment verification, but delivery times may vary due to force majeure events such as weather conditions and strikes. Deliveries are made from Monday to Friday, during normal office hours, excluding national holidays, by delivering the products to the address specified at the time of order.
If at the time of delivery, the package shows obvious signs of tampering or damage, the Purchaser may refuse the delivery and immediately notify Cosmesit S.r.l., which shall make the necessary objections to the forwarding agent. Cosmesit S.r.l. will then arrange for a new shipment once it has received the contested goods in compliance with the processing terms indicated in these General Conditions.
In the event that the Purchaser nevertheless decides to accept the goods on delivery, despite the packaging being damaged and/or tampered with, to safeguard his rights, he shall notify the courier of the unsuitability of the packaging. This can be done by affixing the words "GOODS SUBJECT TO INSPECTION BECAUSE OF..." (indicating the reason for the reservation in question) on the delivery document, a copy of which he shall retain.
In case of anomalies in the products ordered (missing products, different products, or damaged products), the Buyer must report said anomaly to Cosmesit S.r.l., following the procedure outlined below to return the damaged product or to obtain the missing products.
Within the term of 5 (five) days from the receipt of the goods considered non-compliant, the Buyer must fill in the "Non-compliant goods return form," available at this link. Subsequently, the completed form should be sent, in PDF format and after signing it, either by registered letter with return receipt to the address of the registered office of Cosmesit S.r.l., or by email to the email address info@dhermia.net .
Upon receipt of the aforementioned communication, Cosmesit S.r.l. shall promptly notify the Buyer of its receipt, using the email address that the Buyer will have indicated during the purchase procedure on the site. With the aforementioned confirmation of receipt, the Purchaser will receive instructions for preparing the package to be returned. This package must include the goods to be returned and a copy of the completed and signed Return of Non-conforming Goods form.
Once the products have been received, Cosmesit S.r.l. will verify whether these products are indeed damaged or do not correspond to the description provided on the Website. If this verification is positive, in accordance with the provisions of articles 130 and following of the Consumer Code, Cosmesit S.r.l. shall replace the defective, damaged, or non-compliant product and send it to the Buyer as soon as possible, and in any case within 30 (thirty) working days from the receipt of the products. Shipping costs shall be borne entirely by Cosmesit.
In the event that Cosmesit is unable to replace the products within the aforementioned period, Cosmesit will immediately notify the Buyer at the email address provided at the time of registration and will reimburse the Buyer for the cost of such products and shipping costs if the Buyer provides proof of the cost incurred in returning the products. In this case, the refund of the price will be made by Cosmesit in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.
In the event that, after examining the returned products, Cosmesit S.r.l. reasonably considers that the products cannot be considered defective, damaged, or not in conformity with the description on the Website, the Buyer shall not be entitled to a refund, and the products shall be returned to him in compliance with the processing deadline set forth in these General Terms and Conditions.
Cosmesit S.r.l. applies the following shipping costs, valid for Italy only:
For Sicily, Sardinia, and Minor Islands, the following rates apply:
Cosmesit S.r.l. ships throughout Europe at a cost of:
Shipping costs outside the EU are:
The purchaser may pay for ordered products using the following payment methods indicated online at the time of purchase:
a) Credit or Debit Card
If Credit Card or Debit Card is chosen as the method of payment, the transaction will take place on servers owned by Sella and can be finalized by the customer through a credit card transaction. This is done by filling in the fields of the appropriate form on the payment screen. Any misunderstandings related to the verification of the aforementioned transaction shall not be attributable to Cosmesit S.r.l., which, in any case, makes itself available to provide the necessary assistance to resolve the misunderstanding.
The credit cards accepted are: all cards of the VISA, MASTERCARD, MAESTRO, AND NEXI circuits. All rechargeable cards operating within the VISA and MASTERCARD circuit are accepted. At no time during the purchase process are we able to know the information relating to the buyer's credit or debit card.
b) PayPal
If PayPal is chosen as the payment method, the transaction shall take place on PayPal's servers and can be finalized by the customer by debiting his or her PayPal account or by means of a credit card transaction. This is done by filling in the fields of the appropriate form in the payment screen. Any misunderstandings relating to the verification of the aforementioned transaction shall not be attributable to Cosmesit S.r.l., which, in any case, makes itself available to provide the assistance necessary to resolve the misunderstanding.
c) Advance Italian Bank Transfer made out to Cosmesit S.r.l.
Payment is made by bank transfer for which Cosmesit S.r.l.'s IBAN details are provided via email to the customer within 48 hours from the order. A fax or scanned copy of the transaction receipt is requested as proof of the same and to shorten shipping times as much as possible.
d) In case of cash on delivery payment, the fee for this payment method is €4.00.
Any misunderstandings relating to the verification of the aforementioned transaction shall not be attributable to Cosmesit S.r.l., which shall be available to provide the necessary assistance to resolve the misunderstanding.
Right of Withdrawal
Pursuant to Article 52 et seq. of Legislative Decree No. 21 of 21 February 2014, the Customer, if a Consumer, may exercise the right of withdrawal by returning the goods received and obtaining a refund of the price paid.
The Customer may exercise the right of withdrawal in the event that:
In order to exercise the right of withdrawal, the Customer must fill in the "Withdrawal Form" and send it, in PDF format and after having signed it, within the term indicated in the previous point by registered letter with return receipt to Cosmesit S.r.l., with registered office in Via Valtesino, 323-325 Grottammare (AP), or by e-mail to the e-mail address: info@dhermia.net.
Form for the exercise of the right of withdrawal - B al D.lgs. ai sensi dell’art.49, comma 1, lett. h:
(*) Delete as appropriate.
In the case of products already delivered, a copy of the sales document accompanying the goods received must be attached to this notification.
All costs for the return of the products shall be borne by the Customer who, directly or by other means, shall deliver the same at the premises of Cosmesit S.r.l.; all items must be received in the same conditions in which they were received, provided with the original packaging and any manuals and/or instruction booklets that are part of the package and the original packaging; it is not permitted to return the goods by other means.
Cosmesit S.r.l. shall carry out the necessary checks on the returned goods, reserving the right to ascertain that the products have been returned in their original state and with their original packaging; in this case, it shall provide for the total reimbursement of the amount paid by the Customer for the purchase of the products.
In case of withdrawal after the delivery of the goods, the transport costs incurred for the delivery of the product to the Customer and for its possible return to Cosmesit S.r.l. are not refundable. The right of withdrawal CANNOT be exercised in the case of:
Cosmesit S.r.l. shall refund the price of the order in the following ways:
In all cases of returns, Cosmesit S.r.l. has the right to withhold the refund until the goods have been correctly delivered to the warehouse of departure or, according to the agreement, until the proof of shipment of the returned goods is provided by the Customer.
The right of withdrawal, as regulated above, may only be exercised by the consumer or by the natural person purchasing the Products for purposes unrelated to any entrepreneurial, commercial, handicraft, or professional activity carried out.
The right of withdrawal is excluded for professional users.
Any complaints must be submitted using the form in the "contact" section, which must be filled in completely. The purchaser will receive an email confirming the opening of the complaint within the next three working days; the same email will provide all the instructions for the definition of the procedure and specify any requests for clarification or documentation in support of the complaint. As per current legislation, if more than six months have elapsed since delivery of the product, the purchaser shall provide appropriate documentation that attests and proves that the conformity defect existed at the time of delivery.
For complaints forwarded within six months from delivery, Cosmesit S.r.l. reserves the right to verify the actual presence of the defect complained of before granting the purchaser the solution requested by the same or the alternative solution envisaged by law.
In addition to the possibility of submitting complaints as regulated above, pursuant to Article 14 of Regulation 524/2013, we inform you that the user, if a consumer, may submit a complaint by means of the ODR platform of the European Union accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users wishing to resolve disputes arising from online sales or service contracts out of court. For more information, please contact: info@dhermia.net.
Any dispute relating to the application, execution, interpretation, and breach of the purchase contracts stipulated online through the website is subject to Italian jurisdiction. With the exception of the cases provided for in Article 63 of Legislative Decree no. 206/2005, any dispute between the parties concerning the application, execution, interpretation, and breach of this contract shall fall under the exclusive jurisdiction of the Court of Ascoli Piceno.
