General Terms and Conditions of Sale B2B (e-commerce)
Given that:
Jcosmetics Italia., headquartered in Gozo, Island of Malta, Lungo Triq Baldassarre Cagliares, Qala VAT number MT23682113, phone +35679661285, email info@Jcosmetics.it, PEC jcosmeticsitalia@pec.it (“Jcosmetics Italia” or the “Seller”) is the owner of the website www.Jcosmetics.it (hereinafter the "Site");
the Site allows the purchase of Products through the e-commerce service;
these general terms and conditions of sale ("General Conditions") apply to all purchases of Products made through the Site's e-commerce by any subject, natural or legal person qualifying as a professional (“Professional”) within the meaning of art. 3, paragraph 1, lett. c) Legislative Decree 6 September 2005, n. 206 ("Consumer Code");
1. Definitions:
In these General Conditions, the following terms shall have the meanings specified next to them:
"Buyer" means the Professional who purchases the Products through the Site in accordance with these General Conditions;
"Order Acceptance" means the formal acceptance communication of the order referred to in Article 1 of the General Conditions;
"Consumer Code" means Legislative Decree 6 September 2005, n. 206;
"Directive": Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights;
"General Conditions" means these general terms and conditions of sale;
"Contract" means the distance selling contract for products concluded through the Site between the Seller and the Buyer;
"Price" means the price of the Products;
"Products" means the products of Jcosmetics Italia; Mamma Jo; JujubesTime or other Brands for sale on the Site;
"Professional" means the natural or legal person acting in the exercise of its business, commercial, artisanal, or professional activity, or its intermediary within the meaning of art. 3, paragraph 1, lett. a) of the Consumer Code;
"Jcosmetics Italia" or the "Seller" means Jcosmetics Italia., headquartered in Gozo, Island of Malta, Lungo Triq Baldassarre Cagliares, Qala VAT number MT23682113.
2. Scope of Application of the General Conditions:
These General Conditions apply to all purchases of Products concluded remotely by the Buyer through the Site.
These General Conditions are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree 9 April 2003, n. 70.
Jcosmetics Italia reserves the right, as indicated below, to update, integrate, and modify, in whole or in part, these General Conditions and each of the documents referred to herein.
Changes to the General Conditions will be effective from the date of publication on the Site and will apply only to sales of Products concluded after publication.
The Buyer may not invoke or raise conditions other than those contained in the General Conditions. Any clause and/or provision included by the Buyer in its orders and/or in its correspondence, contrary to or in addition to these General Conditions, is considered as not included and in any case invalid and/or ineffective and/or not binding on Jcosmetics Italia unless expressly accepted in writing by Jcosmetics Italia.
3. Methods of Purchasing Products - Order Placement:
In order to purchase the Products, the Buyer, after registering and authenticating on the Site, will submit orders via e-commerce. Jcosmetics.it reserves the right to allow users to purchase products without registration.
To submit orders via e-commerce, the Buyer must select the Products, place them in the virtual cart, and confirm the order, following the procedures indicated on the Site. Upon submission of the order, Jcosmetics Italia will send a summary communication of the order automatically. This communication does not constitute formal acceptance of the order by Jcosmetics Italia.
4. Conclusion of the Contract:
The Contract concluded through the Site is considered concluded when the Buyer receives, via email, the formal order confirmation with a communication, subsequent to the automatic and summary email of the order referred to in art. 2, through which the Seller accepts the order sent by the Buyer and communicates that it will proceed with its processing (“Order Acceptance”).
The Seller shall have the right to accept even partially the order placed (for example, if not all the Products ordered are available). In this case, the Contract shall be deemed concluded only with respect to the Products identified in the Order Acceptance referred to in the previous article 1.
Until the Buyer receives the Order Acceptance referred to in the previous article 1, the Buyer may revoke the order by sending an email to the Seller's address by accessing the Customer Support area > Open a Ticket and selecting the "Order Management" item or based on any other methods indicated on the Site.
5. Acceptance of the General Conditions:
These General Conditions of sale must be examined "online" by the Buyer, before completing the procedure for purchasing the Products.
By electronically sending the confirmation of their purchase order, the Buyer unconditionally accepts these General Conditions and acknowledges that the Seller will not be bound by any different conditions that have not been previously agreed in writing.
6. Prices of Products:
The Prices of the Products indicated on the Site do not constitute a public offer, and are visible only to accredited professionals; therefore, they must always be considered indicative and subject to Order Acceptance by the Seller pursuant to art. 1. The Prices of the Products do not include VAT. The cost of delivery and transportation is not included in the Price of the Products unless expressly indicated.
7. Payment and Invoicing Methods:
Payment of the Price of the Products, delivery costs, transportation costs, and any other costs or charges payable by the Buyer will be made using the payment methods specified during the purchase process.
For processing payments, Jcosmetics Italia uses third-party tools and does not come into contact with payment data - such as credit card information - provided. Any costs incurred for user payments not accepted will be charged to the user.
By submitting the order to purchase the Products, the Buyer guarantees the availability of the necessary amount for the payment of the Price of the Products and other costs and charges payable by the Buyer.
During the purchase procedure, the Buyer may request the issuance of the invoice by selecting the appropriate box and entering the billing details including tax code and/or VAT number.
8. Delivery Methods:
The Seller will deliver to the Buyer, at the address indicated by the Buyer, the Products purchased through selected professional carriers.
Delivery times are specified at the time of purchase and should be considered indicative, not less than 20 (twenty) days from the date of order acceptance, non-binding, and therefore not essential.
Delivery will be considered completed when the Products are taken over by the carrier for transportation to the address indicated by the Buyer at the time of purchase, with the concurrent transfer of risk for loss or damage to the Products to the Buyer.
Unless otherwise agreed in writing between the Parties, the costs for the delivery and transportation of the Products shall be borne by the Buyer and shall be charged to the Buyer together with the Price of the Products.
Any responsibility of Jcosmetics Italia for damage and/or loss of the Products or for delays in their delivery is excluded, with the consequent exclusion of any right of the Buyer to demand sums from Jcosmetics Italia as compensation for direct or indirect damages.
Similarly, no liability can be attributed to
the Seller for delayed or failed delivery attributable to the absence of the Buyer or of a person appointed by the Buyer at the time of delivery on the day and at the time slot indicated and/or agreed, or attributable to force majeure or unforeseeable circumstances.
Upon receipt of the Products, it shall be the responsibility of the Buyer to verify their quantity, quality, and conformity to the Contract.
In order to not forfeit their rights, any complaints and/or claims regarding the quantity, quality, and conformity to the Contract of the delivered Products must be made in writing by the Buyer within 3 (three) calendar days of their receipt, by opening a ticket in the Customer Support area > Open a Ticket > selecting the "Order Management" item.
Likewise, to not forfeit their rights, any defects or hidden defects of the Products must be reported in writing to Jcosmetics Italia within 3 (three) calendar days of discovery, by opening a ticket in the Customer Support area > Open a Ticket > selecting the "Order Management" item.
9. Force Majeure:
Jcosmetics Italia shall not be liable for delays in delivery or other breaches of the Contract, to the extent that they are due to force majeure, such as, purely by way of example, fires, wars (whether declared or undeclared), general military mobilizations, insurrections, requisitions, seizures, objective impossibility of energy supply, epidemics, work stoppages, labor disputes, difficulties in transportation, strikes, lockouts, production stoppages due to technically unforeseeable causes, and defects or delays in deliveries by suppliers, natural disasters, measures by public authorities, or other circumstances arising after the conclusion of the Contract.
In the event of impossibility to perform, the execution of the Contract will be suspended for the duration of the impossibility to perform, without Jcosmetics Italia being considered liable or obliged to compensate for any damages.
If the force majeure lasts for a period exceeding 2 (two) consecutive months, both the Buyer and Jcosmetics Italia shall have the right to terminate the Contract, without Jcosmetics Italia being considered liable for the delay or obliged to compensate for any damage that may arise to the Buyer, with the Buyer entitled only to the return of the Price already paid.
10. Limitation/Exclusion of Jcosmetics Italia's Liability:
Jcosmetics Italia undertakes to implement the rules concerning the cold chain where provided and, in general, quality standards relating to the Products only up to the time of delivery to the place indicated by the Buyer; any liability relating to the poor condition of the Products due to improper storage after delivery or at other delivery points authorized by the Buyer is excluded.
Jcosmetics Italia is not liable for damages and/or losses suffered and/or costs incurred by the Buyer as a result of the non-performance or incorrect performance of the Contract, except in cases of willful misconduct or gross negligence.
Likewise, any liability of Jcosmetics Italia for direct or indirect damages arising directly or indirectly to the Buyer from the Products is excluded, except in cases of willful misconduct and gross negligence.
11. Buyer's Obligations:
The Buyer is prohibited from entering false, invented, and/or fantasy data in the registration procedure through the appropriate electronic form; personal and/or company data and the email address must be exclusively authentic and related to the subject completing the purchase procedure.
The Buyer, or the one registering on their behalf, therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, intended to complete the purchase procedure of the products.
It is expressly forbidden to make duplicate registrations corresponding to a single natural or legal person or to enter third-party data. The Seller reserves the right to legally pursue any violations and abuses, in the interest and protection of all consumers.
The Buyer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Buyer, as the latter is solely responsible for the correct entry.
12. Communications:
Except as expressly indicated - or established by legal obligations - communications between the Seller and the Buyer will take place via email at their respective addresses, which will be considered a valid means of communication by both parties and whose production in court cannot be disputed solely on the grounds of being electronic documents.
Both parties may change their email address for the purposes of this article at any time, provided that they give timely notice to the other party in accordance with the forms established by the preceding paragraph.
13. Personal Data Processing:
Jcosmetics Italia will process the personal data of Buyers in compliance with the privacy legislation in accordance with what is detailed in the Privacy and Cookies Policy.
14. Industrial Property Rights:
The trademarks affixed to the Products as well as the trade names and, more generally, the industrial and intellectual property rights associated with the Products are the exclusive property of Jcosmetics Italia. It is strictly forbidden for the Buyer to reproduce, copy, use, transmit, or transfer them to third parties.
In the event of a violation of this obligation, Jcosmetics Italia shall have the right to terminate the Contract as well as to claim compensation for the damage suffered.
15. Applicable Law and Jurisdiction:
These General Conditions and Contracts are governed by European law.
All disputes arising from or even just related to these General Conditions, as well as to the Contracts, shall be subject to the exclusive jurisdiction of the Court of La Valletta, Malta.
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Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Buyer declares to have carefully read the General Conditions and expressly approves the following clauses:
art. 8.4 (exclusion of Jcosmetics Italia's liability for failed or delayed delivery); art. 8.4 (exclusion of Jcosmetics Italia's liability for damage or loss of Products or for delivery delays by the carrier); art. 8.6 (terms for reporting defects or apparent discrepancies of the Products); art. 8.7 (terms for reporting hidden defects or discrepancies of the Products); art. 9 (force majeure); art. 10 (limitation/exclusion of Jcosmetics Italia's liability); art. 15.2 (competent court).
