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General Terms
and Conditions of Sale

These General Terms and Conditions of Sale apply to the offer and sale of products via the Website www.rheacosmetics.com.

The Website www.rheacosmetics.com is owned by Dermosfera S.r.l., (hereinafter, in brief, Dermosfera) with registered administrative office at Via Commenda 3/A, San Lazzaro di Savena (BOLOGNA), 40068, Italy, registered with the Chamber of Commerce of Bologna under number 298092 of the Register of Companies, Tax Code 03526810373 and VAT number 00633561204.

Any information, support, request or complaint may also be sent to the email address info@rheacosmetics.com and/or reported by calling the telephone number (+39) 051-463067 (cost of the service: national rates, according to your telephone operator)

This Website is dedicated to the promotion and online sale of professional cosmetic products marketed by Dermosfera. To purchase products through the Website, Consumers-Purchasers must: (a) be at least eighteen years old; (b) be consumers, i.e. natural persons acting for purposes outside their trade, craft, business or professional activity, if any; (c) be registered on the Website; and (d) have a credit card or other valid payment method

Purchases made on www.rheacosmetics.com are governed by these General Terms and Conditions of Sale, which may be modified at any time by Dermosfera, effective as of their publication on the Website. The General Terms and Conditions of Sale published on the Website at the time you send the purchase order shall apply to each individual purchase contract. These General Conditions shall be considered an integral and substantial part of the contract

Dermosfera asks you to carefully read the conditions below and print them out and/or save them on other durable media accessible to you.

Definitions

"GTC": these General Terms and Conditions of Sale.
"Customer": any natural person who purchases Products through the Website.
"Account": the Account created by you when registering on the Website.
"Order": the purchase order for Products placed by you on the Website.
"Party" or "Parties": Dermosfera and/or the Customer.
"Product": any product offered for sale by Dermosfera through the Website.
"Dermosfera" or "Seller": the company incorporated under the laws of Italy, Dermosfera S.r.l., with registered office in Via Commenda 3/A, San Lazzaro di Savena (BOLOGNA), 40068, Italy - Tax Code 03526810373 and VAT number 00633561204 - Economic and Administrative Repertoire BO 298092.
"Customer Service": the Customer Service Department of Dermosfera which can be contacted as indicated in Article 3 below.
"Website": the website www.rheacosmetics.com, both desktop and mobile versions.
"Terms and Conditions": the General Terms and Conditions, the terms of use of the Website, the Privacy Policy and any other rule and/or document on the Website.

2. Subject matter of the contract

The purpose of these GTC is to inform each potential Customer of the terms and conditions under which Dermosfera carries out the sale and delivery of the Products and to define the contractual rights and obligations of the Parties regarding the sale of the Products and provision of any services offered on the Website by Dermosfera. The GTC shall apply, without any limitation or conditions, to all sales of Products and Services offered by Dermosfera on the Website

Should you submit an order, this implies your full and unconditional acceptance of these GTC as well as of all the Terms and Conditions of the Website.

Dermosfera reserves the right to modify the GTC at any time and even without prior notice. It shall remain your responsibility to periodically check the GTC for any changes. In any case, it is understood that the GTC applicable to the Order are always those accepted by you at the time the Order is placed

The GTC form an integral part of the General Terms and Conditions of the Website.

You declare that you have full capacity to act and enter into a contract for the purchase of Products and/or Services on the Website according to these GTC. Dermosfera shall under no circumstances be required to verify the capacity to act of visitors and Customers of the Website. You declare and warrant that your purchase of Products on the Website is intended for strictly personal use, excluding any commercial business and/or use other than personal. You are not permitted to sell or resell the Products or any promotional gifts received: Dermosfera reserves the right, with or without notice, to terminate or reduce any possible supply of Products or promotional gifts if, at its sole discretion, it has reason to believe that the conduct of the Consumer-Buyer may be in breach of these General Terms and Conditions of Sale

These GTC must be carefully reviewed and approved by you prior to completing the procedure for purchasing Products and/or Services via the Website. These GTC may be printed out and retained by any person who has visited the Website.

3. Seller Identification

Company name: Dermosfera S.r.l.
Registered office: Via Commenda 3/A
Post Code: 40068
Town: San Lazzaro di Savena (BOLOGNA)
Country: Italy
Tax code 03526810373 - VAT no.: 00633561204
Company Register No.: Bologna Economic and Administrative Repertoire BO 298092
Email: info@rheacosmetics.com

4. Product features and availability

You may select one or more Products from the different categories available on the Website.

Dermosfera may change the range of Products offered for sale on its Website and/or the information related to them such as prices, description or availability, at any time. For any issue concerning the Products and their use, any other questions or requests for clarification, you can contact Customer Service by email at the following address: info@rheacosmetics.com

Offers made by Dermosfera are valid for as long as they are published on the Website and within the limits of available stocks. For Products not immediately available in Dermosfera's warehouses, the offers posted on the Website will be valid subject to availability. Information on the availability of the Products will be provided to you on sending the email confirming receipt of the Order

Even after the Order confirmation email is sent, there may be cases where the Products are partially or totally unavailable. In this case, you will be promptly informed by email of the unavailability of the Product and the total or partial cancellation of the Order and may decide:

5. Ordering products

Each Order sent by you implies that you accept these GTC and also agree to the Privacy Policy and, in general, the Terms of Use of the Website, and constitutes an offer for the purchase of the Products indicated in the Order

All Orders are subject to acceptance by Dermosfera, which reserves the right, at its sole discretion, to refuse the Order without any obligation to provide reasons, including cases where:

Dermosfera also reserves the right to suspend or cancel the processing of an Order and/or delivery, regardless of the nature and progress of the processing, in case of non-payment or partial payment of any amount due by you, in case of problems with payment, or in case of fraud or attempted fraud related to the use of the Website, even with reference to previous Orders

The sale will be final only when Dermosfera accepts the Order by sending the Order confirmation email to you. A second email will be sent to you when the Products covered by the Order are shipped

Dermosfera shall be entitled to collect the full price of the Order from the moment the Order confirmation email is sent

Dermosfera strongly suggests that you keep all communications received from Dermosfera in paper or electronic format. By placing the order, you agree that those emails will be sent to the email address entered by you at the time of purchase and/or Account registration.

Dermosfera shall not be liable if you enter an invalid email address and/or fail to receive the Order confirmation email for reasons not directly attributable to Dermosfera. In such case, the sale will still be considered as final. However, you may exercise the right of withdrawal under the conditions set out in Article 10 of these GTC

Once the Order confirmation email is received, orders will be taken in hand by Dermosfera. Orders received on Saturdays, Sundays and public holidays, and/or other days when the company is closed will not be processed on the day the Order is received but on the first following working day.

6. Prices of products for sale on www.rheacosmetics.com

All Product prices displayed on the Website include Value Added Tax (VAT) at the current rates applicable on the date of the Order and are stated in Euros (€). Any change in the applicable VAT rate will be automatically reflected in the price of the Products sold by Dermosfera through the Website.

The prices of the Products do not include shipping costs (added to the price of the purchased Products based on the amount of the order) which, as they cannot be calculated in advance, will be displayed in the Order summary before you request Order confirmation. You shall also be required to pay the delivery costs known to you and any additional costs, including any customs duties for non-EU countries.

7. Payment

You warrant to Dermosfera that you have the necessary authorisations to use the payment method chosen for your Order at the time the Order is placed. All Orders are payable in Euro, including taxes and mandatory fees. You shall exclusively bear any bank charges, even in the event of a refund

Payment methods are specified on the Order form on the website and therefore you may choose, merely by way of example form the following methods:

Credit card (American Express, Master Card and Visa), for which payments are handled via the Stripe.com portal;

In any case, Dermosfera reserves the right to suspend or cancel, at its sole discretion and at any time, the execution of an Order and/or the shipment of the ordered Products in case of non-payment or partial payment of any amount due by you, in case of late payment or in case of fraud or attempted fraud through the use of Dermosfera's Website, even in relation to previous Orders

As part of the fight against cyber fraud, information concerning your Order may be transmitted to third parties authorised by law or designated by Dermosfera for the sole purpose of verifying your identity, the validity of the Order, the payment method used and the place of delivery.

To use a promotional code, you must enter the code at the time of online purchase in the dedicated field in the Order Summary page during the checkout process. Only one promotional code can be used per order: promotional codes cannot be accumulated with each other, i.e. used together, and are valid for a fixed period of time. Dermosfera reserves the right to cancel any Order with a Consumer-Buyer who has violated the provisions of this article.

8. Delivery of the Products

The Products you order in accordance with these GTC shall be delivered to the address you indicate as the Delivery Address in the Order.

Dermosfera ships within Italy, to Europe including the United Kingdom (excluding countries where there are already authorised distributors), Australia, Canada, the USA and the United Arab Emirates. The list of countries we ship to can be seen on the Order Summary page of the Website in the "Country" section and may be subject to change. All orders are processed and delivered on weekdays (Monday to Friday, excluding Italian public holidays). Orders placed on Saturdays and Sundays or during public holidays and/or company closing days will not be processed until Monday or the next following working day.

If the Customer or the addressee of the Products ordered is absent, they will receive a notice of attempted delivery, with which they may contact the carrier at the address indicated on the notice to arrange for a new delivery

No objections can be raised about the shipment in the event that the parcel is recorded as delivered. For this purpose, the carrier's computer system shall prevail

Delivery times are indicated when the Order is confirmed and are in any case to be considered indicative. They start from the moment the email confirming shipment of the Products is sent to you. For shipments beyond Italian national borders, delivery times may vary depending on the country of destination and any customs checks

Once the Order has been prepared and shipped, it will be assigned a tracking number that you can use to find out the status of the shipment and delivery of the Products.

9. Defects, non-conformities and damage to products

9.1 Defects and damages of the outer packaging at the time of delivery

At the time of delivery of the Products by the courier, you are required to check that the packaging is intact, not damaged, not wet or in any way altered, including the sealing materials (adhesive or strapping tape). Under penalty of forfeiture, any damage must be:

Failure to comply with the correct procedure, to the extent that it results in Dermosfera's exclusion or limitation of recourse against the courier, shall result in exclusion of reimbursement of the Order and/or redelivery of the Products ordered

9.2 Defects and non-conformity of Products

Without prejudice to the foregoing, Dermosfera guarantees that the goods conform to the contract and correspond to the description, quantity and other characteristics of the products as described on the website.

If you find any shortcoming or defect, you must contact Customer Services without delay, reporting the shortcoming, defect, damage or non-conformity of the Products to find out how to return the damaged, non-conforming and/or defective Product(s)

You must follow the procedure for the return of damaged, non-conforming and/or defective Products that will be indicated by you Service. Otherwise, you cannot claim any refund for or replacement of the Products in question. Even if the Product is defective, in order for it to be replaced and/or refunded, it must also be returned to Dermosfera complete with its original packaging and all accessories, including promotional gifts and documentation you received at the time of delivery.

9.3 Replacement of Products

Should your claims prove to be grounded, Dermosfera shall replace the defective, damaged or non-compliant Product and send it to you as soon as possible, and in any case within 30 (thirty) working days from your receipt of the Products. Shipping costs will be entirely borne by Dermosfera. In the event that Dermosfera is unable to replace the Products within the aforesaid term, Dermosfera shall immediately notify you at the email address indicated at the time of purchase of the Products and/or Account registration and shall offer you the following alternatives

In the event that, after examining the returned Products, the claims raised prove to be unfounded, you will not be entitled to a refund and the Products will be returned to you at your expense, via notification.

Dermosfera does not accept any returns of products purchased from distribution networks other than the website www.rheacosmetics.com.

Right of Withdrawal

10.1 Right and Terms for Exercising Withdrawal

You have the right to withdraw without penalty and without specifying a reason, within the term of 14 (fourteen) days from the day on which you acquire physical possession of the goods. Exercising the right of withdrawal presupposes that the Products are still sealed and therefore have not been opened after delivery. In order to exercise the right of withdrawal, you must inform Dermosfera of your decision to withdraw from the contract by means of an explicit declaration (e.g. letter sent by post or email to the email address: info@rheacosmetics.com)

For this purpose, you can use the standard withdrawal form provided for in Annex I Part B to Legislative Decree no. 21 of 21/2/2014, containing the following:

Addressee: Dermosfera S.r.l., Via Commenda 3/A, San Lazzaro di Savena (BOLOGNA), 40068, Italy
The undersigned ______________________ hereby gives notice of withdrawal from the contract for the purchase of the following goods:
[insert a description of products purchased], ordered on _______________ (or received on __________________________)

First name,
Surname,
Customer's address
Customer's signature (only if the form is notified in paper version)
Date

In order to comply with the withdrawal period, you need only send the communication concerning your exercise of the right of withdrawal before the end of the withdrawal period. Once the right of withdrawal has been exercised in accordance with this article, within the terms and in the manner described below, to return the Products, you may choose on of the following, as requested at the time you send the notice of withdrawal:

The refund of the Product price (or the disbursement of the Online Voucher, if chosen by the Customer) will take place within 14 (fourteen) days from the receipt of your notice of withdrawal. This is without prejudice to Dermosfera's right to withhold the refund until it has received the goods and verified their integrity

10.2 Returning the Products

The Products must be returned in their original packaging absolutely intact and must arrive "as new" without any damage to the Product or the Product packaging.

In accordance with the provisions of Article 57, paragraph 1 of the Italian Consumer Code, the return costs shall be borne exclusively by you. Packages sent at the recipient's expense will not be accepted.

In case of exercise of the right of withdrawal, you shall return the goods to Dermosfera, without undue delay and in any case within 14 (fourteen) days from the date on which you notified Dermosfera of your decision to withdraw from the contract. The Products must be returned to Dermosfera substantially complete, with their original packaging, accessories, promotional gifts, instructions for use and anything else supplied with them, by post to the following address:

Dermosfera S.r.l.
Via Commenda 3/A
40068, San Lazzaro di Savena (BO)
Italy

Dermosfera only accepts correctly addressed parcels or registered mail. Any risk associated with the return of Products shall be borne exclusively by the Customer and/or the addressee of the Order itself.

Duration

These GTC, as amended from time to time, shall apply for as long as the Products are offered for sale on the Website and until the expiry of the terms of the warranties. In any event, Article 12 (Liability) shall survive the termination of these GTC.

Liability

Dermosfera shall not be liable for any inefficiencies attributable to a third party, to your negligence or attributable to force majeure or fortuitous events or any other event not under the exclusive control of Dermosfera, even if dependent on malfunctions and failures of the internet, in the event that Demosfera is unable to execute the Order in the timeframe provided for by these GTC

Moreover, Dermosfera shall not be liable for damages, losses and costs suffered by you as a result of the non-execution of the Order due to causes not attributable to Dermosfera, and unless they are due to Dermosfera’s actions or omissions. In the latter case, you shall only have the right to a full refund of the price paid and shipping costs incurred

Dermosfera shall not be liable in any way for the improper use of the Products and/or services by the Customer and/or the recipient of the Order, and, specifically, in the case of non-compliance with the instructions for use of the Products. Dermosfera shall not be liable in any way for any damage caused to you or to third parties resulting from such non-compliant use.

Dermosfera shall not be liable for any fraudulent and illegal use of credit cards by third parties upon payment for the purchased Products, if it proves that it has taken all possible precautions based on the best technology and experience at the time and on ordinary diligence

Dermosfera disclaims any liability for direct and indirect damages, whether foreseeable or not, consequential and/or related to your use of the Website

Should Dermosfera be held liable for an injury suffered by you and attributable exclusively to the transmission of an Order, such liability shall be limited to the amount of the Order actually paid by you to Dermosfera

Dermosfera and/or its business partners shall in no way be liable for any misuse and/or disclosure to third parties of your registration/access information

Dermosfera believes in the quality of the products marketed; however, you must ensure that you are not allergic to any of the ingredients in the Products before application. Dermosfera shall not be liable for any reactions to the ingredients of the Products sold.

13. Customer’s obligations

You undertake to pay the price of the Product(s) purchased in the timeframe and manner indicated in these GTC. Once you have completed the online purchase procedure, you undertake to print out and keep these GTC

You shall be solely responsible for the correctness of the data entered in the registration procedure and undertake not to enter false and/or invented and/or fictitious data. You shall hold Dermosfera harmless from any liability arising from the issuance of incorrect tax documents due to inaccurate data provided by you

The use of your username and/or password for registration/access constitute proof of your identity for the purpose of exercising Dermosfera's right, after sending the Order Confirmation Email, to demand the relevant amounts. The provision of your credit card number through the selected payment method and the final validation of the Order constitute proof of acceptance of the Order and make the sums indicated for the purchase of the Products indicated in the Order payable. The computer records of Dermosfera and its partners shall constitute proof of communications, Orders, deliveries and payments between the Parties

The protection of its Customers' personal information and the provision of a high level of security are priorities for Dermosfera, but you are also required to protect your personal data. In particular, you shall maintain the security of your online transactions, for instance by refraining from communicating your user name and/or password to others and by changing said password regularly.

14. Medical Treatment

The Products are cosmetic treatments and should not be used as a substitute for medical care or clinical treatments. The suggestions made on the Website in the skin test sections, or provided by Customer Service for information purposes, do not constitute medical advice.

Retention of title

Ownership of the ordered Products shall remain with Dermosfera until you have fully paid the entire consideration for the Order, including shipping charges, taxes and other mandatory fees (where applicable).

16. Intellectual Property

All figurative and non-figurative trademarks displayed on the Products, on the Website, including the "RHEA Cosmetics" trademark, images, illustrations and logos and any other content on the Website (including, without limitation, the Terms and Conditions and these General Terms and Conditions) are the exclusive property of Dermosfera and/or of the respective owners of the intellectual property rights over the same

Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Website, for any reason and by any means, without the express written permission of Dermosfera and/or the respective owners of intellectual property rights over them is strictly prohibited.

Personal data

Dermosfera collects and processes your personal data and, if applicable, those of the recipient of the Order in order to provide its Products and services in compliance with these GTC. For information concerning the processing of your personal data and, if applicable, those of the recipient of the Order, please refer to the Privacy Policy of the Website, available at the following address.

General Clauses

Should one or more of the provisions of these GTC be declared invalid or ineffective due to a change in legislation or following a ruling by a competent judicial authority, the other provisions of these GTC shall remain in full force and effect

The fact that one of the Parties does not enforce a breach of any of the obligations contained in these GTC against the other shall not be construed as a waiver of its right to obtain performance of the obligation in question in the future.

Applicable law and jurisdiction

These GTC and all sales of Products and services on the Website are governed by Italian law. You also have the option of resolving any disputes relating to purchases of the Products, without recourse to the Courts, through the online dispute resolution platform available at https://ec.europa.eu/consumers/odr/.

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and for the skin

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