0. Preamble
0.0. The e-commerce site www.flariel.com is owned by SKINOY S.R.L., with its registered office at Via Abbondio Sangiorgio 18, 20145 Milan (MI), Italy, and VAT number 13000300965.
1. Object
1.1. These General Terms and Conditions of Sale (hereinafter “General Terms and Conditions”) govern the purchase of products made online from www.flariel.com (hereinafter, “the Website”).
1.2. The owner of the Website is SKINOY S.R.L., with its registered office at Via Abbondio Sangiorgio 18, 20145 Milan (MI), Italy.
2. Acceptance of the General Terms and Conditions of Sale
2.1. All purchases of products made through the Website (hereinafter “Purchase Contracts”) by users who access it (hereinafter “Customers”) are governed by these General Terms and Conditions as well as by the Italian Consumer Code (Legislative Decree No. 206/2005), section II Distance Contracts (articles 50-67), and by the Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding Purchase Contracts according to the procedure, the Customer accepts and agrees to comply with these General Terms and Conditions.
2.3. The Customer is therefore required to carefully read these General Terms and Conditions before entering into any Purchase Contract, which SKINOY S.R.L. makes available to them also to allow their reproduction and storage in compliance with what is provided by article 12, 3rd paragraph of Legislative Decree 70/2003.
2.4. SKINOY S.R.L. may modify the content of the General Terms and Conditions at any time and without notice. The General Terms and Conditions published on the Website at the time of sending the purchase order by the Customer will apply to each individual Purchase Contract.
3. Products
3.1. The Website is an online sales platform for cosmetics, beauty products for body care, and related accessories (hereinafter “Products”).
3.2. All Products offered are detailed on the Website, within the respective sections, categorized by Product type.
3.3. The visual representation of the Products on the Website, where available, is indicative and generally corresponds to the photographic image of the Products themselves. It is intended solely to present them for sale, without any guarantee or commitment by SKINOY S.R.L. regarding the exact correspondence of the image depicted on the Website with the actual Product. This particularly concerns the actual sizes and/or color aspects of the Products and/or their packaging.
3.4. In the event of an inconsistency or a conflict between the image and the written product description, the description on the Product sheet shall prevail.
4. Purchase Procedure
4.1. The Customer can purchase the Products available on the Website, and detailed within the respective sections for product categories, as described in the relevant information sheets contained on the Website, following the technical access procedures illustrated therein.
4.2. To purchase Products, the Customer must register on the Website by entering their details, following the instructions provided by the registration process, and must complete and send to SKINOY S.R.L. the order form in electronic format available on the Website, following the instructions provided. Purchase orders must be filled out accurately in every part. If the Customer does not wish to register on the Website, they can still complete their purchase orders but will not be able to check the status of their orders and take advantage of discounts and promotions.
4.3. The Customer must enter the selected Products in the appropriate “Cart” and, after choosing the courier and reviewing and accepting the delivery cost contribution, may proceed with the purchase.
4.4. If the Customer needs to modify the purchase order or change some data contained in the order, they must follow the appropriate modification procedure contained on the Website. In particular, the Customer will have the option to change the quantity of Products they intend to purchase, adding or removing one or more Products from the Cart.
4.5. Once this operation is completed, the Customer will see a screen containing a summary of the purchase order, including delivery costs, with a request for a further confirmation of the purchase procedure.
4.6. After reviewing the summary, the Customer must select the desired payment method and submit the order by clicking the appropriate button.
5. Conclusion of the Contract
5.1. The publication of Products displayed on the Website constitutes an invitation to the Customer to submit a contractual purchase proposal. The order submitted by the Customer has the value of a contractual proposal and implies the complete knowledge and full acceptance of these General Terms and Conditions.
5.2. Each Purchase Contract between SKINOY S.R.L. and the Customer is deemed to have been concluded upon the sending of the order confirmation by SKINOY S.R.L. to the Customer’s email address. This confirmation message will indicate an “Order Number” to be used in any subsequent communication with SKINOY S.R.L. The message will reiterate, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections. Any additional costs arising from errors in the data not reported in a timely manner will be borne exclusively by the Customer.
5.3. Each order can be viewed by the Customer on the Website, in their personal area, if registered, immediately after sending the order itself.
5.4. The indication of the availability of the Products is not binding, except that Products indicated as “unavailable” cannot be ordered by Customers. In case of subsequent unavailability of one or more Products indicated as available at the time of sending the Order by a Customer, SKINOY S.R.L., without prejudice to the provisions of art. 5.2, undertakes to promptly notify the Customer in writing by email, proposing an alternative if possible. In this case, subject to the right of withdrawal referred to in the subsequent art. 10, the Customer may respond within twenty-four (24) hours of receiving the email. If the Customer does not respond within twenty-four (24) hours, SKINOY S.R.L. will proceed to complete the shipment of the available Products. In case of payment by credit card or PayPal, SKINOY S.R.L. will process the payment at the time of the Order, and in the event of unavailable Products, a timely refund of the amount paid will be made.
5.5. SKINOY S.R.L. reserves the right to accept or decline the order sent by the Customer, at its discretion, without the latter being able to claim or assert any rights, for any reason, including compensation, in case of non-acceptance of the order itself.
5.6. SKINOY S.R.L. specifically reserves the right not to accept purchase proposals and cancel orders that do not provide sufficient assurances of solvency or if – even following consultation with the circuit managing credit card payments – irregularities are found in the transactions and in the means of payment used by the Customer.
5.7. The Customer can verify the content of the Purchase Contracts concluded at any time by accessing their personal area on the Website, if registered. Such data will be available for a period of twelve (12) months from the delivery of the Products.
6. Product Prices
Product prices are expressed in Euros or other currencies where indicated and are inclusive of VAT (Value-Added Tax). The applicable price is the one indicated on the Website at the time the order is submitted by the Customer. Delivery costs are clearly highlighted at the time of the order. The cost of each shipment may vary depending on the delivery and payment method, as well as the destination and total amount of the order.
7. Invoicing and Payment Methods
7.1. SKINOY S.R.L. issues a purchase receipt for the Products purchased at the time the Products are delivered to the courier for shipment, sending it via email to the Customer or including it in the package. The information provided by the Customer is valid for the issuance of the receipt. No changes to the information will be possible after the issuance of the receipt. For invoice requests, please contact SKINOY S.R.L. at info@skinoy.com.
7.2. Unless otherwise agreed, the Customer will pay the full price of the ordered items at the time the Order is submitted. SKINOY S.R.L. reserves the right to deliver the purchased items only after receiving full payment of their price. As part of the order submission process, as specified on the Website, SKINOY S.R.L. may, at its sole discretion, offer various payment methods, such as credit card payment and PayPal. At the same time as the Order Confirmation is communicated, the amount corresponding to the Products purchased will be charged to the Customer.
7.3. SKINOY S.R.L. reserves the right to change the payment methods available to Customers at any time, provided that those published on the Website at the time the order is submitted by the Customer will be considered valid.
8. Delivery Methods and Costs
8.1. SKINOY S.R.L. undertakes to deliver the goods without undue delay and in any case no later than thirty (30) days from the conclusion of the contract. The delivery of the Products will be made by courier, and the times will vary according to the destination. The terms indicated at the time of the purchase order are indicative.
8.2. SKINOY S.R.L. delivers to all the countries indicated on the Website, and the delivery will take place without an appointment.
8.3. No liability, for any reason, can be charged to SKINOY S.R.L. in case of delay in processing the order or in the delivery of the Products covered by the Purchase Contracts.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by SKINOY S.R.L. to the courier, a shipping confirmation email will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday, during normal business hours, excluding national holidays, according to the courier’s established methods. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send a notice email and attempt a new delivery according to their established methods. In case of inability to perform the new delivery due to the absence of the recipient, the Customer Service will attempt to contact the Customer to schedule a further delivery. For any reshipment of the product, the Customer must pay the shipping costs. If the Customer Service is unable to contact the Customer for the next ten (10) days or if further delivery is not possible due to the absence of the recipient, the Products covered by the order will be returned to SKINOY S.R.L. thirty (30) days after the date on which the Products covered by the order were returned to SKINOY S.R.L. due to inability to execute the delivery, the contract will be considered terminated, and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. SKINOY S.R.L. will proceed with the reimbursement of the amount paid by the Customer net of the costs of returning the Products and the costs of storage of the same at the branch of the courier responsible for delivery.
8.6. The termination of the contract and the refund amount will be communicated via email. The refund amount will be credited to the payment method used by the Customer for the purchase. If, before the expiration of the thirty (30) days, the Customer requests to receive the Products purchased again, SKINOY S.R.L. will proceed with the new delivery after charging, in addition to the shipping costs, the costs of returning the Products to SKINOY S.R.L. and the storage costs.
8.7. Upon delivery of the Products by the courier appointed by SKINOY S.R.L., the Customer is required to carefully check that the number of items delivered matches the number indicated in the delivery note.
8.8. Any damage to the packaging/package of the Products must be immediately objected to by the Customers by placing a written reservation of control on the proof of delivery from the courier. It is understood that once the courier’s document has been signed without any objection, Customers can no longer raise any objection to SKINOY S.R.L. concerning the external characteristics of what has been delivered.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause delays in deliveries or make deliveries difficult or impossible, or cause a significant increase in the cost of delivery to be borne by SKINOY S.R.L., will entitle it to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Contract. In such cases, SKINOY S.R.L. will provide timely and adequate communication of its determinations to the email address provided by the Customer, who will be entitled to the return of the price eventually already paid, excluding any further claim, for any reason, against SKINOY S.R.L.
9. Discount Coupons – Promotions
9.1. Any discount coupons or promotional codes may be entered when completing the purchase order by the Customer. The system will update the total order amount net of the coupon value.
9.2. The discount coupon may be combined with other commercial initiatives only in cases where this is expressly indicated.
10. Right of Withdrawal and Its Effects
10.1. The Customer has the right to withdraw from the contract without providing the reasons for such withdrawal within fourteen (14) days.
10.2. The withdrawal period expires fourteen (14) days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered in a single order and delivered separately, the withdrawal period will expire fourteen (14) days from the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer is required to inform SKINOY S.R.L. in writing of their unequivocal decision to withdraw from the contract by sending an email to info@skinoy.com.
10.4. To comply with the withdrawal period, it is sufficient for the Customer to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
10.5. If the Customer withdraws from this contract, all payments made by the Customer to SKINOY S.R.L., excluding delivery costs, will be refunded without undue delay and in any event not later than fourteen (14) days from the day on which SKINOY S.R.L. is informed of the Customer’s decision to withdraw from the present contract. Such reimbursement will be carried out using the same means of payment used by the Customer for the initial transaction unless expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of such reimbursement, provided the goods are returned in their original condition, unused, and only handled to the extent necessary to determine their nature, characteristics, and functioning. The refund may be withheld until the goods have been received back or until the Customer has supplied evidence of having sent back the goods, whichever is earlier. In the case of defective or non-compliant products, delivery costs will also be refunded.
10.6. The Customer must send back the goods or hand them over to SKINOY S.R.L., at an address to be specified by SKINOY S.R.L. in the order confirmation without undue delay and in any event not later than fourteen (14) days from the day on which they communicate their withdrawal from this contract. The deadline is met if the Customer sends back the goods before the period of fourteen (14) days has expired. The direct cost of returning the goods will be borne by the Customer. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Returns are only accepted for intact and sealed products.
10.7. The Customer cannot exercise the right of withdrawal in the case of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
11. Non-Conformity of Products and Defective Products
11.1. The Products offered on the Website comply with national and European legislation. The images and colors of the Products published on the Website may differ from the real ones due to local system settings and/or the tools used to view them.
11.2. In the event of a lack of conformity of the Products purchased compared to the description published on the Website and in case of a defective or faulty Product, the Customer has the right to an immediate refund of the non-conforming goods, subject to sending photographs showing the damage or non-conformity of the Product by email to info@skinoy.com.
11.3. Communication from the SKINOY S.R.L. staff will follow, indicating the refund method, which could be made, at the Customer’s discretion, also through discount coupons on the next purchase exceeding the value of the goods to be refunded, excluding any further liability of SKINOY S.R.L. in any case.
11.4. The provisions of the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135) regarding the legal guarantee of conformity of goods are, in any case, reserved.
12. Minors
12.1 SKINOY S.R.L. does not sell products to minors. We sell products that can only be purchased by adults.
12.2 If you are under eighteen (18) years old, you may use the Website only with the involvement of a parent or guardian.
13. Processing of Personal Data
SKINOY S.R.L. declares and guarantees that the personal data of Customers will be processed in compliance with the provisions of Legislative Decree 196/03 and subsequent amendments and additions. The details relating to the methods of data processing are specified in the information present in the specially dedicated section called “Privacy Policy.”
14. Communications and Complaints
All communications or any complaints from the Customer towards SKINOY S.R.L. relating to Purchase Contracts must be communicated through the appropriate channels present within the Website or by sending an email to info@skinoy.com.
15. Intellectual Property Rights
15.1 All trademarks (registered or not), as well as any and all intellectual works, distinctive signs, or names, images, photographs, written or graphic texts, and more generally any other intangible asset protected by national and international laws and conventions on intellectual and industrial property, reproduced on the Website remain the exclusive property of SKINOY S.R.L. and/or its licensors, without the Customer having any rights on them by accessing the Website and/or stipulating Purchase Contracts.
15.2 Any use, even partial, of the same is prohibited without the prior written authorization of SKINOY S.R.L., in favor of which all related rights are exclusively reserved.
16. Applicable Law and Jurisdiction
16.1 These General Terms and Conditions and any contract stipulated with the Customer are governed by Italian law, without prejudice to the application of Community legislation and international treaties, where applicable, as well as national legislation for consumer protection.
16.2 The Customer accepts the exclusive jurisdiction of the Italian Courts. For any action arising from or connected with the General Terms and Conditions of Sale, navigation, and use of the Website, the Court of Milan will have exclusive jurisdiction.
17. Prohibition of Resale
The products, services, and promotional samples on the Website are for personal use only. Customers or users are not allowed to sell or resell products, services, or promotional samples received. SKINOY S.R.L. reserves the right to reduce or terminate any supply of products or services if it believes that the conduct of the user may violate the Conditions of Sale.
18. Amendment to the general terms and conditions of sale
18.1 SKINOY S.R.L. reserves the right to modify the Website, policies and these General Terms and Conditions at any time to offer new products or services or to comply with new legal provisions.
18.2 The Customer will be subject to the General Conditions in force at the time of the order, unless any changes are required by applicable law or by the Competent Authorities, in which case they will also apply to orders placed previously.
18.3 If any provision of these General Conditions is deemed invalid, void or unenforceable for any reason, this condition shall not affect the validity and effectiveness of the other provisions.
19. Contact
For further information and assistance regarding the Website or on online purchases, Customers can contact SKINOY S.R.L. directly by writing to the e-mail address: info@skinoy.com.
20. Copyright
20.1 All rights reserved.
20.2 Text, images, graphics, sound, animations, videos and their placement on the Website are subject to copyright protection and other protective laws. Some of the images available on the Website may be subject to third-party copyright.
20.3 Trademarks, copyrights and any other intangible rights that appear on third-party websites that may be referred to by hyperlink are the exclusive property of their respective owners.
20.4 The reproduction of the Website and the elements contained or reproduced therein on paper or computer is permitted, provided that such reproduction is strictly limited to personal use, excluding any other use for advertising and/or commercial purposes.
20.5 You may not modify, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website.
20.6 SKINOY S.R.L. publishes information on the Website that is of a general and purely informative nature. This information is not intended as advice, which is why its correctness or completeness is not guaranteed and does not represent any specific offer to the public, and is not binding for any reason on SKINOY S.R.L.
20.7 To obtain advice or information regarding your particular needs, SKINOY S.R.L. invites you to request a specific opinion. SKINOY S.R.L. also assumes no responsibility for the existence and content of third-party sites, to which the Website refers or may refer, through a hyperlink. Trademarks, copyrights and any other intangible rights that appear on third party sites are the exclusive property of their respective owners.
21. Online Dispute Resolution (ODR)
21.1 In accordance with EU Regulation No. 524/2013, consumers residing in the European Union have the right to resolve disputes related to online purchases out of court through the Online Dispute Resolution (ODR) platform, managed by the European Commission.
21.2 Customers can use this platform to resolve disputes arising from online sales contracts with SKINOY S.R.L. in a fair and cost-effective manner. However, we encourage customers to contact us directly at info@skinoy.com before initiating any dispute resolution process.
