Terms and conditions
yglam.it and any related subdomains
Seller Identification
The goods covered by these general conditions are offered for sale by Beauty Value Srl, with headquarters at Via Luigi Vitali, 1 – 20122 Milan, email customercare@yglam.it, registered with the Chamber of Commerce of MILAN MONZA BRIANZA LODI at no. MI-2642028 of the Companies’ Register, tax code 12125780960, VAT number 12125780960 hereinafter referred to as “Seller.”
1. Definitions
1.1 The term “online sales contract” or “contract” means the contract of purchase and sale relating to the Seller’s tangible movable property, entered into between the Seller and the Buyer within the framework of a distance selling system by means of telematic tools, organized by the Seller.
1.2 The term “Purchaser” means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.
1.3 The term “Seller” means the person as identified above or the person who sells the goods through the website specified in the following article.
2. Subject of the contract
2.1 Hereby, the Seller sells and the Buyer purchases at a distance, through telematic means, the tangible movable goods presented and offered for sale on the website
yglam.co.uk
and other related subdomains.
2.2. The products referred to in the previous point are shown, with specific and detailed indication of their characteristics, in the dedicated section within the web portal that can be reached at: https://yglam.it/shop and other related subdomains.
3. Method of entering into the contract and acceptance of the general conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet network in remote telematic mode, through the Buyer’s access to the web address yglam.it and in other related subdomains, where, following the procedures set forth therein, the Buyer formalizes the purchase of the goods referred to in Section 2.1 of the preceding article. The Purchaser understands that in order to access the website
yglam.co.uk
it is necessary to have an Internet connection, the cost of which is borne by Buyer under the terms established by its connectivity vendor.
3.2 These general conditions are valid from the day of the conclusion of this contract and may be updated, supplemented or modified at any time by the Seller, who will provide notice thereof through the pages of the Website yglam.it and such updates/changes and/or additions will be effective for future purchases.
3.3 These terms and conditions must be reviewed “online” by the Buyer, prior to the completion of the purchase process. The submission of the purchase order confirmation, therefore, implies full knowledge of them and their full acceptance.
3.4 Acceptance of the terms and conditions of sale is to be manifested by the timely completion of the registration form by the Buyer – whose personal data are processed in the manner indicated in the Information on the Processing of Personal Data following the acceptance of the “Terms and Conditions of Sale” and the submission of the purchase form filled out by the system after the selected products have been placed in the electronic shopping cart. Prior to the final submission of the order, the Buyer will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the ordering party and the order, the price of the selected goods, any shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address is confirmed, it will not be possible to change it.
3.5 The Purchaser, by confirming the Order by clicking on “Conclude Order”, declares that he/she has knowingly accepted the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser as well as the terms of payment, declaring that he has read and accepts all the indications provided by him under the above rules, also noting that the Seller does not consider itself bound to different conditions unless previously agreed in writing.
3.6 At the moment when the Seller receives the order from the Buyer, he shall send an e-mail confirming receipt of the order or display a web page confirming and summarizing the order itself, in which the data recalled in paragraph 3.4 are also shown. The confirmation email then states: the order number, the products purchased, and the delivery address, as well as other information about the order being processed.
4. Method of purchase and selling prices
4.1 The products, prices and conditions of sale present on the Site – within the limits of their availability – do not constitute for the consumer an offer to the public; therefore, they must always be considered indicative and subject to express confirmation by e-mail from the Seller upon payment, which constitutes acceptance of the purchase order.
4.2 The prices of products offered for sale on the Website
yglam.it
and in other related subdomains are indicated in Euros and are the prices in effect at the time the Order is placed by the Buyer. The Seller may change the selling prices of products at any time without notice. However, such change will be reported to Buyer before any Order is placed.
4.3 Product prices include VAT, but do not include shipping costs. Shipping charges vary depending on the shipping method and destination location selected by Buyer when placing the Order and are displayed in the Order summary prior to Buyer’s request for Order confirmation. Please refer to Art. 9 of these general conditions of sale.
4.5 Receipt of the order shall not bind the Seller until the Seller has sent the email confirming payment with the order number as set forth in Section 3.6.
4.6 The Buyer expressly gives the Seller the right to accept even partial acceptance of the order placed (for example, in the event that there is no availability of all products ordered). In this case, the contract shall be deemed to have been perfected with respect to the goods actually sold.
4.7 By accepting these contractual conditions, the Buyer expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried on.
5. Conclusion of the contract
5.1 The Contract entered into through the Site shall be deemed concluded when the Buyer receives, via e- mail, formal confirmation of the order, with a notice (“Order Processing Confirmation E-mail”).The Contract is concluded at the place where the registered office of the Seller is located.
5.2 The order can no longer be cancelled when, whatever the mode of payment, you have proceeded to click at step 3 of the Order the “conclude order” button. After this stage, you can only proceed with the return once the package has been received in the manner indicated in Step 13.
6. Time and manner of delivery for purchases made within yglam.co.uk or other related subdomains
6.1 The Seller will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time the goods are offered, as confirmed in the e-mail referred to in Section 3.6.
6.2 The timing of the shipment may vary from the day following the day of the order to a maximum of 30 (thirty) days from the confirmation of the order, as provided by current regulations. In the event that the Seller is unable, for whatever reason, to make the shipment within said period, it will promptly notify the Buyer by e-mail sent to the address provided by the Buyer during the purchase process. Here is the link for information regarding shipping to Italy and European countries: https://yglam.it/spedizioni/.
6.3 At the time of delivery, the Buyer shall verify that: (a) the number of packages delivered corresponds to what is indicated in the transport document attached to the shipped goods; (b) the packaging is intact and unaltered including the closing tapes if any. If the goods received do not correspond to the order placed or products ordered are absent, the Buyer must report this discrepancy within 5 (five) days of receiving the package by contacting the Seller directly by filling out the appropriate customer service form(https://yglam.it/contatti/). The Seller may require appropriate descriptions and evidence to substantiate the discrepancy (e.g., photographs) and positively feedback to the Customer where it finds that the discrepancy is real and not the Customer’s fault. A partial return may also occur involving only the wrongly shipped products, as long as the products are undamaged and with their seals. If the Buyer requests a return for the wrongly sent product and the correct one is shipped and the latter is not currently available, the Seller will process the refund and the shipping costs will be borne by the Seller.
6.4 In the event that the delivered goods show any damage allegedly caused by transportation, the Buyer may refuse delivery and immediately notify the Seller, who will make the appropriate disputes to the shipper and arrange for a new shipment upon receipt of the redelivery of the disputed goods.
6.5 In the event that the Buyer nevertheless decides to accept the goods on delivery, despite the fact that the packaging is severely damaged and/or tampered with, in order to safeguard its rights, it must dispute the unsuitability of the packaging to the courier, affixing the words “RESERVE TO CHECK GOODS BECAUSE OF …” (indicating the reason behind the reservation in question) on the delivery document, of which it must retain a copy, and then proceed to make an immediate report to the Seller.
7. Pricing and Payment
7.1. All selling prices of the products are shown at the web address https://yglam.it/shop or other available page within the website, are in Euros.
7.2 The sales prices in the preceding paragraph are inclusive of VAT and any other taxes. Shipping costs and ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3 Any promotional offers are specifically indicated and marked within the site with the words “GIFT”.
7.4 The Buyer warrants to the Seller that he has the necessary authorizations to use the payment method chosen for his Order at the time the Order is placed. Payment methods provided: Stripe; Klarna; PayPal account; Bank transfer; Cash on delivery (+ €5.00)
7.6 All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer (even in the case of a refund). The transfer must be made within 10 (ten) days from the Order, – passed which the order is automatically cancelled with simultaneous notification to the buyer by automatic e-mail.
7.7 Ownership of the products ordered shall remain with Seller until such time as the full consideration for the Order, including shipping charges, taxes and other mandatory contributions (if any) are paid in full by Buyer. All orders, before being processed, are checked for genuineness directly by the relevant credit card issuing institutions for the protection of the customer. If, for whatever reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be informed by automatic e-mail communication.
7.8 Communications relating to the payment and the data communicated by the Customer at the time it is made take place on special secure lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8. Availability of products
8.1 The Seller shall ensure through the computer system used the processing and fulfillment of orders without delay. For this purpose it indicates with the quickest possible updates, in its electronic catalog, the available and unavailable products, as well as an estimate of order taking.
8.2 Should an order exceed the quantity available, goods not available at the time of the order will be automatically removed from the shopping cart.
8.3 The Seller’s computer system will confirm in the shortest possible time that the order has been registered by forwarding a summary e- mail to the Buyer, in accordance with clause 3.6.
8.5 Regardless of product availability, an individual Customer may not order more than 30 pieces per purchase slot.
9. Seller’s Liability
9.1 The Seller assumes no responsibility for inefficiencies attributable to force majeure or fortuitous event.
9.2 The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its subcontractors.
9.3 In the event of carrier-related disruptions, the Buyer shall send a report to the Seller who will make appropriate contact with the Carrier. In the event of loss of the package or other eventualities causing non-delivery or misdelivery, the Seller, in agreement with the Buyer will proceed either to refund or resubmit the order.
9.4 The Seller assumes no liability for any fraudulent and unlawful use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with the ordinary diligence required.
10. Guarantees and modes of assistance
10.1 The Seller shall be liable for any lack of conformity that becomes apparent within the term of 2 (two) years after delivery of the goods.
10.2 The Buyer shall forfeit all rights if he fails to report the lack of conformity to the Seller within the period of 2 (two) months from the date on which the defect was discovered.
10.3 In any case, unless proven otherwise, it shall be presumed that conformity defects that become apparent within 6 months of delivery of the goods already existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the conformity defect.
10.4 In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions set forth below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. Products that show clear signs of tampering or failure caused by their misuse or by external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.
10.5 The claim must be received in writing, through the customer service form to the Seller(https://yglam.it/contatti/); in the claim it is appropriate to describe the defect, including through photographs and videos as well as to indicate the date of discovery of the defect itself. The Seller will acknowledge to the Buyer – whether it is willing to comply with the request – or the reasons preventing it from doing so – within 7 (seven) working days of receipt. In the same notice, where the Seller has accepted the Buyer’s request, it shall indicate the method of shipment or return of the goods as well as the expected time limit for the return or replacement of the defective goods.
11. Seller’s obligations for defective products, proof of damage and compensable damages
11.1 The Seller shall not be held liable for the consequences resulting from a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
11.2 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g., shocks, falls, etc.), carelessness, and improper use are not attributable to the responsibility of the Seller.
11.3 In any case, the injured party shall prove the defect, damage, and causal connection between defect and damage, including through descriptions, photographs, and means available to the injured party.
12. Obligations of the Purchaser
12.1 The Buyer agrees to pay the price of the purchased goods in the time and manner specified in this contract.
12.2 The Buyer agrees, upon completion of the online purchase process, to arrange for the printing and storage of this agreement received via e-mail as an attachment to the purchase order confirmation.
12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – prior to confirmation of purchase, through telematic procedures.
13. Right of withdrawal
13.1 According to the provisions of the Consumer Code, the Buyer may, within the term of 14 (fourteen) working days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the same outer packaging. Here are the instructions: https://yglam.it/resi-e-recessi/.
13.2 The provisions regarding the exclusion of the right of withdrawal for certain categories of goods and services in Art. 59 of the Consumer Code. In particular, the right of withdrawal is excluded for goods sold “made to measure” and in the case where the sales performance relates to the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery (Art. 59(e) Consumer Code.
13.3 Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, return costs shall be borne exclusively by Buyer.
13.4 Please also note that packages sent at the recipient’s expense will not be accepted.
13.5 The Seller will refund the customer the full amount already paid for the product within 14 days of receipt of the return form containing the decision to exercise the right of withdrawal. The Seller reserves the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that he or she has returned the goods.
13.6 For orders less than euro 50.00, euro 4.00 as shipping costs will not be refunded. In addition, if gadgets and free products were provided in the Order, including including “free samples,” if the same are not returned, euro 5.00 will be withheld from the refund.
13.6 Buyer and/or the recipient of the Order shall necessarily complete the downloadable return form here https://yglam.it/resi-e-recessi/, duly completed and signed as directed.
13.7 The products must be returned to the Seller in their substantial integrity, with their original packaging, accessories, instructions for use and anything else supplied with them, in a condition such that they can be put back on the market (the grounds for exclusion set forth in Section 13.2 are recalled.) If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer.
13.8 The return of products beyond the legal period set for withdrawal and contractual cancellation will not be accepted
13.9 A Consumer who exercises the right of withdrawal in accordance with the provisions shall be refunded any sums already paid no later than 30 days from the date on which the Seller (or service provider) became aware of the Consumer’s exercise of the right of withdrawal.
14. Termination of the contract
14.1 If one Party is in default with respect to the other Party with respect to any of the obligations hereunder, the other Party may request termination pursuant to Articles 1453 et seq. of the Italian Civil Code, without prejudice in any case to the right to compensation for damages.
14.2 Pursuant to Art. 1456 c.c., the party that intends to avail itself of the termination shall notify the other party by sending a registered letter with return receipt or PEC (Certified Electronic Mail), indicating the reason; the effects of the termination shall run from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Buyer shall be entitled only to the restitution of any amount already paid.
15. Failure to pick up the package – termination of the contract
15.1 WHEREAS the collection of the product is a specific obligation of the Customer, at the time of entrusting the Order to the selected courier, the Seller will send specific email informing the Buyer of the imminent delivery, including through the link of the shipment. The status of the order placed and the tracking link are also always available by logging into your personal area.
15.2 The courier will make a first attempt at delivery on the date indicated by the tracking, in case of non-delivery will proceed to a second attempt, unless necessary corrections and changes in the address for which the Buyer will have to activate itself.
15.3 Made the second unsuccessful attempt for delivery, the package will be in storage at the Courier in the term established and indicated by the tracking page itself. Depending on the Courier, the stock can be released either by contacting him directly or by contacting the Seller’s Customer Service.
15.4 After the expiration of the storage period, the Order shall be returned to Seller and Seller shall inform Buyer that Buyer may request shipment again at its expense no later than 5 days after receipt of the notice. This assumption does not apply in the case of a purchase with cash on delivery payment; in this case the order, once returned to the Seller, is immediately dismantled.
15.5 If even in this case the Order is not claimed, the Seller will notify that the contract is terminated as of right and will proceed to refund the amount paid by the Buyer and dismantle the package no later than 30 days after the notice sent; along with the refund, the credited fagiana points will also be eliminated and the used discount codes will not be restored
15.6 Where the Seller is not in a condition to be able to return the price paid due to incompatibility of the payment method used at purchase with an automatic credit, it will ask the Buyer to indicate the bank details on which it wants to receive the refund. After ten days without receiving a response, the Seller will issue a purchase voucher equal to the value of the price to be refunded and send it to the Buyer’s contact addresses. With the issuance of the voucher, the Buyer shall have no other claim against the Seller.
16. Protection of confidentiality and processing of Buyer’s data.
16.1 The Seller shall protect the privacy of its customers and ensure that the processing of personal data complies with the provisions of the privacy regulations set forth in Regulation (EU) 2016/679 and applicable data protection legislation.
16.2 Personal biographical and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the modalities provided by the Privacy Policy of the site and the specific disclosures.
17. Communications and Complaints – ODR Platform
17.1 Direct written communications to the Seller and any complaints will only be considered if they are sent via the contact form on https://yglam.it/contatti/. Buyer agrees to indicate on the Web site registration form his or her residence or domicile, telephone number, and e-mail address to which he or she wishes communications from Seller to be sent.
17.2 Pursuant to Art. 14 of the European Regulation 524/2013 the Seller informs the Buyer that in case of a dispute he/she may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The Seller, however, invites the Buyer to use the contact form at https://yglam.it/contatti/ to resolve any kind of issues directly.
18. Applicable law and place of jurisdiction
18.1 This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, as a consumer, has his residence shall have jurisdiction.
18.2 If any of the provisions contained in this Online Sales Agreement are deemed invalid, void, or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.
