TERMS AND CONDITIONS
1.1. The website www.inaeras.com, owned by In Aéras Srl Unipersonale, with registered office in via Don Minzoni 38, Pattada (SS), registered with the Sassari Chamber of Commerce, under no. REA: SS-211540 of the Business Register, VAT number 02874070903, (hereinafter also ” In Aéras”) was created to carry out the retail sale of Made in Italy skin-care beauty products, by way of example and not limited to: creams, oils, serums, etc. (hereinafter also the “Products”). In Aéras – Ancient Herbal Rituals from Sardinia for Contemporary Care is a registered European trademark owned by Alice Ziccheddu. 1.2. The following are the general terms and conditions that govern the relationship between the Customers (as defined below) and In Aéras with regard to the sale of the Products.
2. SCOPE OF APPLICATION
2.1. 2.1. 2.1. These general conditions of sale (hereinafter “GCS”) are valid for purchases of Products in the electronic catalog of In Aéras at the time of placing the order and viewable online at the web address www.inaeras.com (hereinafter “Site “). The images accompanying the descriptive sheet of a product are for illustrative purposes only to allow the best perception of the various colors. The images of the Products may not exactly match the product itself, but differ in color and size, even in the accessories shown in the figure.
2.2. 2.2. Le presenti CGV possono essere modificate e/o aggiornate in qualsiasi momento da In Aéras.
2.3. 2.3. 2.3. Any changes and / or additions will be effective from the date of publication of the same on the Site.
2.4. 2.4. 2.4. The customer who accesses the Site to make purchases may be a consumer, meaning: (i) the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out (hereinafter “Consumer Customer”) or a professional, meaning by this: (ii) the natural or legal person who acts in the exercise of his / her business, commercial, craft or professional activity (hereinafter “Professional Client” and where it is not necessary to distinguish them within these GTC also severally “Customer” and jointly the “Customers”) is required, before sending the order, to carefully read these GTCs that have been made available to him on the Site and which will be available at any time by the Customer also through the link contained in the e-mail confirming each order to allow it to be reproduced and stored.
3. APPLICABLE LAW
3.1. 3.1. 3.1. The legislation expressly referred to for distance contracts is provided for by section II of the Legislative Decree 6 September 2005, 206 (Codice del Consumo) s.m.i. e per le vendite con strumenti elettronici dal D.Lgs. n.70 s.m.i.
3.2. 3.2. 3.2. The sales contract stipulated between the Customer and In Aéras will be governed and interpreted in accordance with Italian law.
4.1. 4.1. 4.1. In order to be able to purchase the Products on the Site, each Customer must provide the following personal data at the time of payment:
name, surname / company name;
phone number or email;
full shipping address;
billing address, if different from the shipping address.
4.2. 4.2. 4.2. The data provided to In Aéras will be stored at the time of purchase, the processing of the aforementioned data is subject to the privacy legislation, pursuant to and for the purposes of Legislative Decree No. No. 196/2003 and EU Reg. UE no. 679/2016 (so-called GDPR).
5. CONCLUSION OF THE CONTRACT
5.1. 5.1. 5.1. The sales contract between In Aéras and the Customer must be considered concluded with the acceptance of the order by In Aéras. The acceptance will be sent by In Aéras to the e-mail address communicated by the Customer when registering on the Site.
5.2. 5.2. 5.2. This confirmation message will contain the date and time of execution of the order and an ‘Order Number’, to be used in any further communication with the In Aéras staff. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
5.3. 5.3. 5.3. In case of non-acceptance of the order, the In Aéras staff guarantees timely communication to the Customer.
5.4. 5.4. 5.4. In accordance with the Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, to place an order the Customer must:
– insert a Product in the cart by clicking on the relative icon near the Product itself;
– at the end of the selection of the Products placed in the cart, to proceed with the purchase, the Customer must click on the “Check Out” button;
– the Customer will then have to provide their data to finalize the purchase;
– the Customer can choose the shipping methods and must accept these GCS without reservation;
– the Customer may thus proceed with the payment of the Products and delivery costs in the following ways: i) Visa, Mastercard or debit card (as regulated in point 6.1) (ii) Paypal (as regulated in point 6.2); iii) Satispay (as regulated in point 6.3); iiii) Stripe (as regulated in point 6.4);
– at the conclusion of the order, the Site will automatically assign a unique number which will be shown on the final summary page of the purchase;
In Aéras, after verifying the payment and the actual availability of the Product in case of multiple purchases as provided below in point 6.7, will send the Customer the order confirmation which will contain the following information: i) number and date of the order; ii) detail of the Product / s, quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
the Customer undertakes to verify the correctness of the data in the order confirmation e-mail and to report any errors to In Aéras.
5.5. 5.5. 5.5. Once the online order has been submitted, the Customer must print, save an electronic copy or keep these GCS as required by Legislative Decree no n. 206/2005. 206/2005. 206/2005.
5.6. 5.6. 5.6. By placing an order in the manner present on the Site, the Customer declares to have read all the information provided during the purchase procedure, to have understood them and to fully accept the GCS reported here.
5.7. 5.7. 5.7. These GCS form an integral part of the sales contract concluded between the Customer and In Aéras.
5.8. 5.8. 5.8. On the Site, only products physically available in stock can be ordered. The availability of items in stock is precise, however, there may be small delays in communication between the actual stock in the warehouse and the situation reported on the Site. As a result, the availability of the item in some rare cases may not be guaranteed with certainty. If one or more items ordered are not immediately available for shipment, our staff will choose to proceed with one of the following solutions, depending on the consistency of the order and the time required for restocking:
– immediately process the available material and send the missing products as soon as they are available again without any charge for the additional shipping costs;
– contact the customer who will choose whether to receive the material in a single solution, delaying the fulfillment of the order, or cancel the products not immediately available from the order.
5.9. 5.9. 5.9. In the event of multiple purchases of Products, at the same time, by multiple Customers, In Aéras reserves the right to check, upon receipt of the order, the availability of the Product and, failing that, to promptly communicate the non-acceptance of the order sent.
5.10. 5.10. 5.10. Inserting a Product in the cart does not imply the commitment to complete the purchase of the same. The Customer, as long as he has not completed the procedure for purchasing the Products, may: i) change the quantity and / or delete the Products already included in the cart; ii) add other Products to the cart.
5.11. 5.11. 5.11. The order will be filed in the In Aéras database for the time necessary for its execution and, in any case, within the terms of the law.
6. METHOD OF PAYMENT
6.1. 6.1. 6.1. Credit / debit card.
In case of purchase of Products with Visa, Mastercard, Maestro-enabled credit cards payment methods, at the same time as the online transaction is concluded, the reference bank will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods dispatched, even partially, will be effectively charged to the Customer’s credit card only when the goods are dispatched from our warehouse. In case of cancellation of the order, both by the Customer and in case of non-acceptance of the same by In Aéras, our staff will simultaneously request the cancellation of the transaction and the release of the committed amount. The release times depend exclusively on the banking system and can reach their natural expiry date (24 days from the date of authorization). Once the transaction has been canceled, In Aéras can in no case be held liable for any direct or indirect damage caused by delay in the failure to release the amount committed by the banking system. In the event that the Customer’s order is processed beyond the 23rd day from the date of forwarding, In Aéras will in any case charge the Customer’s credit card for the amount due, even if in advance of the material delivery of the goods. In order to avoid the authorization expiration of the transaction (24 days). In Aéras reserves the right to request additional information from the Customer (eg landline phone number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, In Aéras reserves the right not to accept the order. At no time during the purchase procedure, In Aéras is able to know the information relating to the buyer’s credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. No In Aéras computer archive will keep such data. In no event In Aéras can therefore be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment for products purchased on www.inaeras.com.
6.2. 6.2. PayPal
In cases of purchase of goods with PayPal payment methods, at the same time as the online transaction is concluded, PayPal will immediately charge the amount relating to the purchase made.
6.3. 6.3. Satispay
In the case of payment by Satispay, the amount relating to the purchase made will be charged by Satispay immediately, together with the transmission of the order form. In all cases of termination of the contract and subsequent cancellation of the order, the amount relating to the purchase made will be credited back to the Customer’s Satispay account. The methods and times for crediting the payment instrument connected to the Satispay account depend exclusively on Satispay.
Stripe is an external platform for online payments that allows you to make payments by debit card, rechargeable card or credit card, etc. It is a safe and quick solution: payments are processed practically instantly. There is no need to create a Stripe account. Stripe supports 3D Secure for any payment and meets the most stringent online security requirements.
Stripe is certified as a PCI, Level 1 compliant service provider.
Stripe will send a confirmation e-mail to each transaction performed with this method. Stripe prevents fraudulent activity by detecting any suspicious activity and also works with Global Partners Networks and Credit Card Networks to monitor fraudulent activity. In the event of cancellation, the amount is refunded to the current account connected to the Customer’s credit card.
7.1. 7.1. 7.1. The selling price of the Products is expressed in Euros and inclusive of VAT and any other tax due at the time of purchase. 7.2. All sales prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, subject to price changes by In Aéras.
7.3. 7.3. 7.3. The sale price is considered valid until the communication of the acceptance of the order.
7.4. 7.4. 7.4. Any discount codes, unless otherwise explicitly indicated, are always to be considered non-cumulative.
7.5. 7.5. 7.5. Shipping costs will be indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained in the web page summarizing the order placed. Any additional charges (eg customs clearance), if any, will not be included in the purchase price and will be charged to the Customer.
8.1. 8.1. 8.1. Each order shipped is accompanied by a detailed Transport Document as required by the D.P.R. 21 December 1996 n. 696. 696. 696. The invoice will be issued only if requested at the time of the order by making a request via email to the email address firstname.lastname@example.org. The document will be sent together with the shipment of the products in digital and / or paper form.
NB: It is not possible to request billing for a previously processed order.
9. METHODS AND COSTS OF DELIVERY OF PRODUCTS
9.1. 9.1. 9.1. In Aéras will promptly deliver the Products purchased by express courier, exclusively on the Italian territory, in countries belonging to the European Union and in the United States.
9.2. 9.2. 9.2. The Products will be delivered within 3 working days of purchase, unless a different deadline has been agreed between the parties. The aforementioned delivery times are purely indicative and, although usually respected, In Aéras does not assume any commitment or guarantee of compliance with them.
9.3. 9.3. 9.3. In no case, therefore, will In Aéras be liable for direct and / or indirect damages due to delayed delivery.
9.4. 9.4. 9.4. Delivery takes place from Monday to Friday during the normal working hours (9-18).
9.5. 9.5. 9.5. In Aéras assumes no responsibility for disservices attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
9.6. 9.6. 9.6. Upon delivery of the Products by the courier, the Customer must check that:
– the number of packages delivered corresponds to what is indicated in the accompanying document;
– the Products indicated on the packaging correspond to what is actually indicated on the invoice / receipt;
– the packaging is intact, not damaged or in any case altered even in the closing materials (adhesive tape or strap).
9.7. 9.7. 9.7. The Customer acknowledges that the withdrawal of the Product is a specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the goods go into storage after 3 delivery attempts. The customer is left with the “notice” of non-delivery. After 10 days of storage the goods are returned to the sender. In the event of failure to collect the Product within five working days of the first delivery attempt, In Aéras may invoke the termination of the contract pursuant to art. 1456 of the Italian Civil Code Once the contract is terminated, the total amount paid by the Customer will be refunded, less the costs of unsuccessful delivery of the Product and the return costs.
9.8. 9.8. 9.8. Any damage to the packaging and / or the Product or the mismatch in the number of packages or information must be immediately reported by the Customer in the transport document.
9.9. 9.9. 9.9. In any case, no responsibility can be attributed to In Aéras in case of delay in the order or delivery of the order.
9.10. 9.10. 9.10. Delivery costs, which will depend on the destination, weight and volume of the Products, are charged to the Customer and are clearly stated when placing the order. The payment of the goods by the Customer will be made using the method chosen when placing the order. Nothing more is due by the Customer with respect to the total order shown at the end of the purchase procedure, unless there are additional charges (eg customs clearance), as also mentioned in point 7.5.
9.11. 9.11. 9.11. Delivery costs, except for special In Aéras exclusive promotions, are always to be considered at the Customer’s expense. In Aéras is committed to keeping shipping costs up to date.
10. RIGHT OF WITHDRAWAL
10.1. 10.1. 10.1. Pursuant to and within the limits of art. 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days from receipt of the Products purchased, to exercise the right of withdrawal, consisting in the possibility of returning the Products received and obtaining a refund of the price paid, without penalty and without giving any reasons.
10.2. 10.2. 10.2. The aforementioned term starts from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:
– in the case of multiple Products ordered by the Consumer Customer through a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
– in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. 10.3. 10.3. However, this right cannot be exercised:
– in the case of purchases of less than 50 euros (except that the global consideration that the Consumer Customer must pay regardless of the amount of the individual contracts exceeds 50 euros);
– in case of supply of goods made to measure or clearly personalized;
– in case of supply of sealed goods which are not suitable to be returned for hygienic reasons or related to health protection and have been opened after delivery;
– in case of supply of goods which after delivery are by their nature inseparably mixed with other goods.
10.4. 10.4. 10.4. The Customer who decides to make use of the right of withdrawal must send a written communication to In Aéras via pec at email@example.com or registered A / R to In Aéras C / O In Aéras Srl, in Pattada (SS) – Italy, via Don Minzoni 38, and may anticipate this communication via e-mail at firstname.lastname@example.org, which will not replace the registered letter.
10.5. 10.5. 10.5. In Aéras following the withdrawal of the Consumer Customer, within 24/48 hours of receipt of the communication of exercise of the withdrawal, must communicate by e-mail to the Consumer Customer a confirmation of receipt of the will to withdraw from the same.
10.6. 10.6. 10.6. By law, the shipping costs for returning the Products are charged to the Consumer Customer, which must be sent to the following address: In Aéras C / O In Aéras Srl, in Pattada (SS) – Italy, via Don Minzoni 38, within fourteen days from the date in who communicated to In Aéras his decision to withdraw from the contract (the deadline is met if the Consumer Customer sends back the goods before the expiry of the fourteen-day period).
10.7. 10.7. 10.7. In case of damage to the goods during transport, In Aéras will notify the Customer of the incident (within the 5th day of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain the reimbursement of the value of the asset (if insured); in this case, the Product will be made available to the Customer for its return, at the same time canceling the request for withdrawal.
10.8. 10.8. 10.8. In Aéras is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; upon its arrival at the warehouse, the Product will be examined to assess any damage or tampering not caused by transport. If the returned product is damaged, In Aéras will deduct a percentage from the refund due, as a contribution to the restoration costs.
10.9. 10.9. 10.9. In Aéras must also reimburse all costs incurred by the Consumer Customer (purchase of the Product and original delivery of the same; those for redelivery are obviously excluded) within 14 days from the communication of the right of withdrawal, and in any case upon receipt of the returned Product, to by bank transfer or PayPal. It will be the Customer’s responsibility to promptly provide the bank details on which to obtain the refund (name, surname, account holder, IBAN code).
10.10. 10.10. 10.10. The right of withdrawal is however subject to the following conditions:
– In Aéras products are sold in special packages; such packages are considered an integral part of the Products. Therefore, for the purpose of the regular exercise of the right of withdrawal by the Customer, the purchased Product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).
– the return, until the certificate of receipt by In Aéras, is under the full responsibility of the Customer;
– In Aéras is not responsible under any circumstances for damage, theft or loss of the returned Products;
– upon arrival at the aforementioned return address, the Product will be examined to assess any damage or tampering not caused by transport.
10.11. 10.11. 10.11. The Consumer Customer will lose the right of withdrawal for lack of the essential integrity of the Products (packaging and / or its contents), in cases where In Aéras ascertains:
– the lack or damage of the external packaging;
– the lack or damage of the original internal packaging;
– the absence of integral elements of the Product (accessories, parts);
– damage to the Product for reasons other than transport.
10.12. 10.12. 10.12. In case of forfeiture of the right of withdrawal, In Aéras will return the purchased Product to the Consumer Customer, charging the shipping costs to the same and no refund of the price paid will be given.
10.13. 10.13. 10.13. It is specified that the right of withdrawal as governed in this clause is reserved only for Consumer Customers; there is no right of withdrawal for Professional Clients.
10.14. 10.14. 10.14. In case of need for communication regarding returns and complaints, it is possible to send an email to email@example.com
11.1. 11.1. 11.1. In case of lack of conformity, or delivery of goods that have flaws or defects or that are different from that provided for in the sales contract, that is to say unsuitable for the use to which a good of the same type is usually used, different from the description published on the site or that does not show the promised qualities, the provisions regarding the Legal Guarantee by Articles 128 and following of Legislative Decree 205/2006 (Consumer Code).
11.2. 11.2. 11.2. Any failures or malfunctions caused by accidental events or by the Customer’s responsibility or by use of the Product that does not comply with its intended use and / or as provided in the technical documentation attached to the Product are excluded from the scope of the legal guarantee.
11.3. 11.3. 11.3. In Aéras is liable when the lack of conformity occurs within two years from the delivery of the Product, unless a conventional guarantee is provided beyond this term.
11.4. 11.4. 11.4. The Consumer Customer is required to report the defect or defect to In Aéras within two months of discovery (unless In Aéras has recognized or concealed the existence of the defect).
11.5. 11.5. 11.5. The direct action to assert the defects not intentionally concealed by the seller is prescribed within twenty-six months from the delivery of the goods (the Consumer Customer who is agreed for the execution of the contract can however always assert the rights referred to in this article provided that the lack of conformity has been reported within two months of discovery and before the expiry of two years from delivery).
11.6. 11.6. 11.6. In the event of a lack of conformity, the Consumer may request, at no cost (including shipping costs), the restoration by repair or replacement, at his choice, unless the remedy is objectively impossible or excessively expensive compared to the other.
11.7. 11.7. 11.7. The above remedy is to be considered excessively burdensome if it imposes unreasonable costs on In Aéras compared to the other, taking into account: a) the value that the Product would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.
11.8. 11.8. 11.8. The replacements will be made within a reasonable time from the request and must not cause significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.9. 11.9. 11.9. The Consumer can request, at his choice, an appropriate price reduction or the termination of the contract if one of the following situations occurs:
– replacement is impossible or excessively expensive;
– In Aéras has not made the replacement within a reasonable time;
– the replacement previously carried out has caused considerable inconvenience to the Consumer Customer.
11.10. 11.10. 11.10. After reporting the lack of conformity, the seller can offer the Consumer Customer any other remedy available, with the following effects:
i) if the Consumer Customer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences in relation to the expiry of the reasonable term for repairs or replacements, unless the Consumer Customer accepts the proposed alternative remedy;
ii) if the Consumer Customer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.
11.11. 11.11. 11.11. A minor lack of conformity, for which it has not been possible or is excessively burdensome to remedy the replacement, does not give the right to terminate the contract.
11.12. 11.12. 11.12. The legal guarantee is limited to purchases made by Consumer Customers. As regards Professional Clients, the provisions of the Civil Code in Articles 1490 and following.
12.1. 12.1. 12.1. Any complaint must be sent by post to In Aéras C / O In Aéras Srl, via Don Minzoni 38, in Pattada (SS) – Italy
12.2. 12.2. 12.2. Claims made by email or by contact form of the site are not accepted and considered valid.
12.3. 12.3. 12.3. For any problem or anomaly encountered, before embarking on the complaint path, the Customer is invited to contact the In Aéras staff through the appropriate section on the website or via email at firstname.lastname@example.org. In almost all cases, any problem is solved in a few hours.
13. TREATMENT OF PERSONAL DATA
Customer data are processed by In Aéras in accordance with the provisions of the legislation on the protection of personal data pursuant to and for the purposes of Legislative Decree no. n. 206/2005. 206/2005. 196/2003 e del Reg. UE no. 679/2016, come specificato nell’informativa fornita nel Sito.
All the contents present on www.inaeras.com, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by the legislation on copyright and by the legislation for the protection of trademarks (Law 22 April 1941 n.633 and subsequent amendments, Royal Decree n.929 of 21 June 1942 and subsequent amendments) and are covered by copyright. The www.inaeras.com site may also contain images, documents, logos and trademarks of third parties that have expressly authorized In Aéras for publication. Reproduction, even partial, of the contents, texts, documents, trademarks, logos, images, graphics, is prohibited. Any abuse will be prosecuted according to the laws in force.
15.1. 15.1. 15.1. Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated online through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer and in any case the jurisdiction of the State is competent. Italian.
15.2. 15.2. 15.2. Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into online through the Site with a Professional Client, on the other hand, will be the exclusive jurisdiction of the Court of Milan.
16. FINAL NOTES
In Aéras believes in the quality of its products and tries to offer the best quality of ingredients on the market. That said, take note of the following:
– make sure you are not allergic to any of the ingredients of the products before application;
– In Aéras cannot be held responsible for any reactions to the ingredients of the products sold;
– none of our products should be used as a substitute for medical or clinical treatments;
– the information published on www.inaeras.com are not intended as cures or treatments for dermatological problems and should in no way be considered as such;
– the advice given on www.inaeras.com or provided by the Customer Service is for information purposes and is not intended in any way to replace the opinion of a doctor;
– please consult your doctor if you have any questions.