Terms of Service
SALES TERMS AND CONDITIONS
1. SUBJECT MATTER
1.1. The website ww.imersa.it is owned by Leonardino srl, with head office located in Via Ghisalba, 13 - 20021 Bollate (MI), registered with the Chamber of Commerce of Milan with Economic and Administrative Index no. 2053171 with the Business Registration Office, VAT Reg. No. IT08847710962 (hereinafter, "Leonardino") and was developed to make retail sales of skin-care "Made in Italy" retail products, by way of example but not limited to: creams, make up products, gels, whey, cleansing agents, masks, etc (hereinafter, the "Products"). IMERSA (hereinafter "IMERSA") is a European registered brand owned by Leonardino Srl.
1.2. Below the general terms and conditions that regulate the contract between Customers (as defined hereafter) and IMERSA with respect to the sale of the Products.
2. SCOPE OF APPLICATION
2.1. These general conditions of sale (GCS) apply for purchases of Products of the online catalogue of IMERSA when an order is forwarded and visible online at www.imersa.it (hereinafter, "Website"). The pictures accompanied with the descriptive sheet of a product are indicative only and they are to allow the user to get the best perceptions of the various tones of colours. The pictures of the Products may not be perfectly matched with the same product and may differ in colour or size, as well as the accessories shown in the figures.
2.2. These General Conditions of Sales are subject to change or revisions at any time by IMERSA.
2.3. Any changes or additions shall be valid as of the date in which they are published on the Website.
2.4. Customers who access the Website to make purchases may be a consumer, it being understood: (i) as a natural person who acts for purposes other than business, commercial, artisan or professional activities possibly undertaken (hereinafter "Consumer Client") or a professional, it being understood: (ii) as a natural or legal person acting for its own business, commercial, artisan or professional activities (hereinafter "Professional Client" or if their difference is not necessary within the scope these General Conditions of Sales, hereinafter, referred to as separately the "Client" and jointly the "Clients") must, prior to sending the order, carefully read this General Conditions of Sale which are provided in the Website and can be consulted at any time by the Client, even through the link provided in the confirmation email for every order and hence allowing for its reproduction and storage.
3. APPLICABLE REGULATIONS
3.1. Regulations governing distant contracts include section II of Legislative Decree 206 of 6 September 2005 (Consumer Code), as amended and supplemented, as well as for online sales Legislative Decree 70 of 9 April 2003, as amended and supplemented.
3.2. The sales contract entered into between the Client and IMERSA shall be regulated and interpreted in compliance with Italian Law.
4.1. In order to be able to purchase the Products present in the Website, each Client must provide the following personal details upon payment:
- name, surname/company name;
- telephone number or email;
- full shipping address;
- billing address if different than shipping address.
4.2. The data provided to Leonardino will be saved when the purchase is made. The processing of said data is subject to privacy regulations pursuant to Legislative Decree 196/2003 and the EU Data Protection Regulation 679/2016 (the so-called GDPR).
5. CONCLUDING THE CONTRACT
5.1. The sales contact between IMERSA and the Client is considered concluded when the order is accepted by IMERSA. The acceptance of an order will be forwarded by IMERSA to the email address provided by the Client during the registration to the Website.
5.2. This confirmation message will include the Date and the Time in which the order was processed and the Order Number. This information should be used when contacting with the staff of IMERSA. The message includes all the data added by the Client and the latter undertakes to check the correctness and duly notify of any corrections, as per the instructions described in this document.
5.3. If the order is not accepted, the staff of IMERSA shall guarantee to inform the Client in due course.
5.4. In compliance with Legislative Decree 70 of 9 April regarding e-commerce provisions, in order to make an order the Client must:
- add a Product to the basket by clicking on the respective icon located next to the Product;
- after selecting the Products added to the basket and proceeding with the purchase, the Client must click on the "Check Out" button;
- the Client must provide his/her information to complete the purchase;
- the Client may choose the shipping methods and must accept these General Conditions of Sale without reservations;
- in this manner, the Client may pay for the Products and delivery expenses as follows: i) credit card Visa, Mastercard or automated banking (as regulated in section 6.1) (ii) Paypal (as regulated in section 6.2); (iii) cash on delivery (as regulated in section 6.3);
- after completing the order, the Website will automatically attribute a unique number that will be displayed in the final page of the purchase summary;
After verifying payment and the actual availability of the Product in case of multiple purchases as set out in section 6.7, IMERSA will provide the Client an order confirmation which will contain the following information: i) order number and date; ii) details of the Product(s), quantity and price; iii) type of payment selected; iv) delivery costs; v) total order amount;
The Client undertakes to ensure that the data present in the order confirmation email is correct and undertakes to inform IMERSA of any errors.
5.5. Once the order is forwarded online, the Client must print, save an electronic copy or keep these General Conditions of Sale, as envisaged in Legislative Decree 206/2005.
5.6. By making an order according to the procedures described in the Website, the Client declares to have read all the instructions provided during the purchasing procedure, to have understood them and fully accept the General Conditions of Sales outlined thereof.
5.7. These General Conditions of Sale constitute an integral part of the sales contract concluded between the Client and IMERSA.
5.8. Only products that are physically available in stock can be ordered from the Website. The availability of items in the warehouse is precise; however, there may be minor delays in communication between the actual number of stock in the warehouse and the number of items displayed in the Website. Consequently, the availability of an item in rare cases may not be guaranteed with certainty. If one or more ordered items are not available right away for shipping, it will be our staff's responsibility to decide and proceed with one of the following solutions, depending on the size of the order and times required for restocking:
- process the materials available immediately and send the missing products as soon as they become available without any charge for additional shipping;
- contact the client to decide whether to receive the materials all together delaying the order process or cancel from the order the products that are not immediately available.
5.9. In case multiple Products are purchased at the same time by more than one Client, IMERSA shall reserve the right to check the availability of the Project upon receipt of order and if not available, immediately inform about the non-acceptance of the order forwarded.
5.10. Adding a Product to the basket does not imply the commitment to conclude its purchase thereof. Not until the Client completes the procedure to purchase the Products, the Client may: i) change the quantity or remove the Products already added to the basket; ii) add other Products to the basket.
5.11. The order will be filed into IMERSA's data bank for the time required to process the order and in any case for the time required by law.
6. PAYMENT TERMS
6.1. Credit Card / Automated Banking.
If the user decides to purchase the Products by Credit Card Visa, Mastercard or through Automated Banking upon concluding the online transaction, the reference banking institution will authorise only the amount for the purchase made. The amount for the goods processed, even partially, will be actually charged to the Client's credit card only when the goods are processed by our warehouse. If the order is cancelled by the Client which in case the order is not accepted by IMERSA, the transaction will be simultaneously requested by our staff to clear the amount committed. The times to clear the amount depend exclusively on the banking system and may take up to their natural expiration (24 days after the authorisation date). Once the transaction is cancelled, by no means shall IMERSA be held liable for any damages, directly or indirectly, caused due to a delay in clearing the committed amounts by the banking system. If the Client's order is processed after the 23rd day following the forwarding date of the order, IMERSA shall in any case charge the respective amount on the Client's credit card, even if in advance of the delivery of the goods, the purpose being to avoid expiration of the transaction authorisation (24 days). IMERSA reserves the right to ask the Client for additional information (e.g. landline telephone number) or request the Client to send a copy of supporting documentations on the ownership of the Credit Card used. If the requested documentation is not provided, IMERSA shall reserve the right to reject the order. During the purchasing procedure, IMERSA will not be able to gather information about the purchaser's credit card as it is provided through a protected connection directly to the banking institution's webpage in charge of dealing with the transaction. None of IMERSA's computer archives will preserve such data. In no case may IMERSA be held liable for any fraudulent or undue use of credit cards by third parties when payment is made for the products purchased on www.imersa.it.
When goods are purchased through PayPal payment, upon conclusion of the online transaction, PayPal shall immediately charge the amount for the purchase made.
6.3. Cash on Delivery
Payment by the Client is made with cash to the courier that delivers the goods. Cash on delivery requires a fixed extra charge of Euro 3 on shipping costs. This service is active only on certain means of transportation.
7.1. The sales price of the Products is expressed in Euro and is inclusive of VAT and any other tax due at the time of the purchase.
7.2. All sales prices of the Products that are displayed and indicated in the Website are prices offered to the public pursuant to article 1336 of the Italian Civil Code and are subject to change by IMERSA.
7.3. The sales price is considered valid until notification of the order acceptance.
7.4. Any discount codes shall not be cumulative, unless specified otherwise.
7.5. Shipping costs shall be specified and calculated in the purchasing procedure before the Client forwards the order and likewise included in the order summary webpage. Any additional costs (e.g. customs clearing) if applicable, will not be included in the purchase price and shall be paid by the Client.
8.1. Each shipped order is accompanied by a detailed Transport Document as required by Presidential Decree 696 of 21 December 1996. The invoice will be issued only if requested upon making the order through an email request made to firstname.lastname@example.org. The document will be forwarded by email or by hardcopy simultaneously when the products are shipped.
NB: Billing for a previous order processed cannot be requested.
9. PRODUCT DELIVERY CONDITIONS AND CHARGES
9.1. IMERSA shall promptly deliver the Products purchased by express courier, exclusively in Italy or within the EU.
9.2. The Products shall be delivered within 3 business days after the purchase, unless a different term is agreed between the parties. The above delivery times are indicative only and despite being normally observed, IMERSA will neither assume any commitment nor guarantee their observance.
9.3. Therefore, IMERSA shall by no means be held liable for any direct or indirect damages due to late delivery.
9.4. Deliveries are made from Monday to Friday during normal business hours (9 am to 6 pm).
9.5. IMERSA will not be held liable for any disruptions attributed to force majeure in case the order cannot be processed with the times set out in the contract.
9.6. When the courier delivers the Products, the Client must check the following:
- make sure that the number of items being delivery correspond to what is specified in the accompanying document;
- make sure that the Products indicated on the packaging correspond to what is actually indicated in the bill or receipt;
- make sure the packaging is intact without damages and without any alteration to the sealing materials (tape or bands).
9.7. The Client acknowledges that collecting the Product is an obligation deriving from the purchase contract. In case of missed delivery due to absence of the recipient to the address specified in the order, the goods shall be held after 3 delivery attempts. A missed delivery "note" will be provided to the Client. After 10 days of holding the goods the goods will be returned to the sender. If the Products are not picked up within five business days from the first delivery attempt, IMERSA may exercise its right to terminate the contract pursuant to article 1456 of the Italian Civil Code. Upon terminating the contract, the total amount paid by the Client shall be reimbursed, minus delivery expenses of the Product that was not delivered and expenses to return the product.
9.8. Any damages to the packaging or the Product, as well as a non-correspondence of the number of items or instructions, must be immediately reported by the Client in the transport document.
9.9. By no means shall IMERSA be held liable in case the order is processed late or a late delivery of the ordered products.
9.10. Delivery expenses which depend on the destination, weight and volume of the Products, shall be paid by the Client and are clearly specified when making the order. Payment for the goods by the Client shall take place according to the terms chosen upon making the order. No additional sums are due by the Client with respect to the order total specified at the end of the purchasing procedure, unless there are additional charges (e.g. customs clearing), as mentioned in section 7.5.
9.11. Delivery expenses, except for special exclusive deals of IMERSA, shall always be paid by the Client. IMERSA undertakes to keep shipping costs up to date.
10. RIGHT OF WITHDRAWAL
10.1. In compliance with article 52 of the Consumer Code, the Consumer Client has the right to exercise a withdrawal right within 14 calendar days after receipt of the purchased Products, hence there is the possibility to return the received Products and receive a reimbursement for the paid price without penalty and without having to provide any reason.
10.2. The above term is effective from the day in which the Consumer Client or third party, other than the carrier or person assigned by the Consumer Client, acquires the physical possession of the Product or:
- for multiple Products ordered by the Consumer Client through a single order and delivered separately, as of the day in which the Consumer Client or third party, other than the carrier or persons assigned by the Consumer Client, acquires the physical possession of the last Product;
- in case of delivery of a good consisting of lots or multiple pieces, as of the day in which the Consumer Client or third party, other than the carrier or person assigned by the Consumer Client, acquires the physical possession of the last lot or piece.
10.3. Nevertheless, said right may not be exercised:
- for purchases less than Euro 50 (unless the overall amount that the Consumer Client must paid regardless of the amount of individual contracts, exceeds Euro 50);
- in case of provision of customised or clearly customised packaged goods;
- in case of provision of sealed goods that cannot be returned for hygienic reasons or for reasons related to health protection and are opened after the delivery;
- in case of provision of goods that due to their nature are mixed with other goods and cannot be separated.
10.4. The Client that decides to exercise its withdrawal right must forward a written communication to IMERSA by certified email to the address email@example.com or by registered mail with advise of delivery to IMERSA C/O Leonardino Srl, in Bollate (MI) - Italy, via Ghisalba, 13 and may forward said communication in advance to the email firstname.lastname@example.org which will not however, replace the registered letter.
10.5. After withdrawal by the Consumer Client, within 24/48 hours after receipt of withdrawal notice, IMERSA must send the Consumer Client an email confirming receipt of the notice on its willingness to withdraw from the contract.
10.6. In compliance with law, the Consumer Client must pay for shipping costs to return the Products which must be shipped to: Leonardino Srl Via Ghisalba, 13 Bollate (MI) – Italy, within fourteen days as of the date in which IMERSA informs of its decision to withdraw from the contract (the term is observed if the Consumer Client returns the goods before the expiration of fourteen days).
10.7. If the goods are damaged during transportation, IMERSA shall inform the Client of the event (within the 5th day after receipt of the goods in its warehouses) so that it can duly report it to the courier chosen by the latter or obtain a reimbursement of the goods' value (if insured). In this case, the Product shall be put at the disposal of the Client in order to be returned, simultaneously annulling the withdrawal request.
10.8. IMERSA will not be held liable in any way for any damages, theft or loss of the goods that are returned with uninsured shipments. Upon arrival to the warehouse, the Product will be examined in order to evaluate any damages or tampering that are not caused by transportation. If the returned product is ruined, IMERSA shall withhold the due percentage from the reimbursement, as contribution for repair costs.
10.9. IMERSA shall reimburse for all expenses borne by the Consumer Client (purchase of the Product and original delivery thereof; obviously excluding costs to re-delivery the Products) within 14 days after receipt of withdrawal notice and in any case with prior receipt of the returned Product, by Bank Transfer or by PayPal. It is the Client's responsibility to provide the bank details in due course where to receive the reimbursement (name, surname, account holder, IBAN code).
10.10. The withdrawal right is in any case subject to the following conditions:
- IMERSA Products are sold in special packages and said packages are integral part of the Products. Therefore, in order to exercise the withdrawal right properly by the Client, the purchased Product must be intact and returned in its original package with all its parts (box and any documentation or accessory equipment to limit damages to the original package).
- the Client shall be fully responsible for returning the Products until receipt is confirmed by IMERSA;
- IMERSA will not be held liable in any way for damages, theft or loss of the returned Products.
- upon arrival to the return address indicated above, the Product shall be examined in order to evaluate for damages or tampering not caused by transportation.
10.11. The Consumer Client will lose its withdrawal right due to lack of an essential condition on the integrity of the Products (packaging or contents) in case IMERSA ascertains:
- a lack or damaged external packaging;
- lack or damaged internal original package;
- lack of elements that constitute the Product (accessories, parts);
- damaged Product for causes other than transportation.
10.12. In case of lost of withdrawal right, IMERSA shall return the Consumer Client the purchased Product, charging shipping costs and will not reimburse for the paid price.
10.13. It must be noted that the withdrawal right as regulated in this clause is reserve to Consumer Clients only. Professional Clients do not have a withdrawal right.
10.14. For more information on product returns and complaints, the client can send an email to email@example.com or call the number +39 02 3663 7391.
11.1. In case of conformity defects or delivery of the goods with flaws or defects or non-conforming to the provisions of the sales contract, namely unfitted for its intended use, non-conforming to the description published on the website or lacking the promised quality, the Legal Warranty envisaged in article 128 and subsequent articles of Legislative Decree 205/2006 (Consumer Code) shall apply.
11.2. The Legal Warrant does not cover for any faults or malfunction caused by accidental events or by the Client, namely if the Product is used for purposes other than its intended purpose and with respect to what is set out in the technical documentation enclosed with the Product.
11.3 IMERSA is liable when a conformity defect takes place within the term of two years after delivery of the Product, unless a conventional warranty is included passed said term.
11.4. The Consumer Client must report the flaw or defect to IMERSA within two months after the discovery (unless IMERSA admits to have concealed the existence of the defect).
11.5. The direct action to validate defects that are not wilfully concealed by the seller shall extinguish in twenty-six months after delivery of the goods (nevertheless, a Consumer Client that agrees to the contract may always exercise the rights of this section as long as the conformity defect is reported within two months after discovery and before the expiration of two years after delivery).
11.6. In case of a conformity defect, the Consumer may demand to restore the product by repairing it or replacing it, at its own discretion without any expense, unless the remedy is objectively impossible or excessively burdensome with respect to the other.
11.7. The above remedy must be considered excessively burdensome if it imposes IMERSA to incur unreasonable expenses with respect to another option thereby considering: a) the value that the Product would have if it did not have a conformity defect; b) the severity of the conformity defect; c) the possibility that the alternative remedy could be speed-up without causing significant inconveniences to the Consumer Client.
11.8. Replacements shall be made within a reasonable time after the request and shall not cause reasonable inconveniences to the Consumer Client thereby considering the nature of the Product and the purpose for which it was purchased.
11.9. The Consumer may at its own discretion request a reasonable reduction in the price or the termination of the contract whenever one of the following conditions applies:
- the replacement is impossible or excessively burdensome;
- IMERSA fails to replace the product within a reasonable time;
- the replacement previously made causes significant inconveniences to the Consumer Client.
11.10. After reporting the conformity defect, the seller may offer the Consumer Client any other available remedy with the following consequences:
- whenever the Consumer Client requests a specific remedy, the seller is bound to fulfil it with the necessary consequences with respect to the start of the reasonable time to repair or replace the product, unless the Consumer Client accepts the alternative remedy offered;
- if the Consumer Client does not request one specific remedy, the Consumer must accept the proposal or refuse it by choosing another remedy pursuant to this section.
11.11. A minor conformity defect where a remedy is impossible or excessively burdensome, shall not give right to terminate the contract.
11.12. The legal warranty is limited to purchases made by Consumer Clients. As far as Professional Clients is concerned, article 1490 and subsequent articles of the Italian Civil Code shall apply.
12.1. Any compliant must be addressed and forwarded by post to IMERSA C/O Leonardino srl - Via Ghisalba, 13 20021 Bollate (MI) - Italy.
12.2. Complaints made by email or through the website contact form will not be accepted or considered valid.
12.3. The Client is invited to contact the staff of IMERSA through the special section on the website or by emailing firstname.lastname@example.org to resolve any issue or discrepancy before filing a complaint. In almost all cases, issues are resolved in a few hours.
13. PERSONAL DATA PROCESSING
The Client's personal data is processed by IMERSA in compliance with the Data Protection Code as envisaged in Legislative Decree 196/2003 and the EU Data Protection Regulation 679/2016, as specified in the informative notice on the website.
All contents of the website www.imersa.it, including texts, documents, trademarks, logos, images, graphical content, their use and their adaptations are protected pursuant to copyrights and regulations on trademarks (Law 633 of 22 April 1941, as amended, Royal Decree 929 of 21 June 1942 as amended) and are copyright protected. The website www.imersa.it may also contain images, documents, logos and trademarks of third parties that have expressly authorised IMERSA to publish them. Reproduction of contents, partially or in full is strictly forbidden, including texts, documents, trademarks, logos, images, graphical contents. Any violation will be persecuted pursuant to applicable laws.
15. COMPETENT COURT
15.1. Any dispute regarding the application, execution, interpretation or a breach of the purchase contract drawn-up online through the Website is subject to the jurisdiction of the place of residence and domicile of the Consumer Client and in any case the competent jurisdiction of the Italian State.
15.2. Any dispute regarding the application, execution, interpretation or breach of the purchase contracts drawn-up online through the Website with a Professional Client shall be resolved exclusively by the Court of Milan.
16. FINAL REMARKS
IMERSA believes in the quality of its products and seeks to offer the best quality of ingredients in the market. Notwithstanding the above, the following must be noted:
- make sure not to be allergic to any of the products' ingredients before applying them;
- IMERSA will not be held liable for any reactions to the ingredients of the sold products;
- none of our products must be used as a substitute for medical or clinical treatments;
- information published on www.imersa.it shall not be understood as treatment for skin issues and should by no means be considered as such:
- the suggestions outlined in www.imersalit or provided by Customer Service are for information purposes only and should not by any means substitute medical opinions;
- if in doubt please consult your doctor.