These terms and conditions of use concern the access and use of the website www.rebeyabeauty.com and any associated subdomains (hereinafter, the “Site”), as well as the purchase of products offered by the company REBEYA Srl through the Site.
This page must be carefully examined by the User - as defined below - during navigation on this Site and before completing the remote purchase procedure of each product. Therefore, the purchase of products offered by REBEYA Srl implies full knowledge and consequent acceptance of these terms and conditions of use, which constitute an integral part of each sales contract (hereinafter "Conditions of Use" and/or "Terms" and/or "Terms of Service").
Any new features, elements or tools that are added to the Site will be subject to these Terms of Use. The most recent and updated version of the Terms of Use will always be available, at any time, in the appropriate section of the Site dedicated to it.
We reserve the right to update, change or replace, in compliance with current legislation, any part of these Terms of Use. Any changes will be effective from the time of publication of the same on this page. For this reason, the purchase of products/services following the publication of any changes constitutes full acceptance of the same.
DEFINITIONSTo allow for a complete understanding and acceptance of these Terms of Use, the following terms, both singular and plural, shall have the meaning indicated below:
- Owner and/or REBEYA : REBEYA Srl, with registered office in Bologna, Galleria Guglielmo Marconi 2, BO- 40122, Fiscal Code/VAT No. 04158991200, registered with the Bologna Chamber of Commerce, REA number 573115, and fully paid-up capital of €10,000.00 (throughout the Site, the terms "we", "us" and "our" refer to REBEYA);
- Site: the e-commerce website rebeyabeauty.com that allows the sale of products;
- Products: the cosmetic products and beauty accessories offered by the Owner and purchasable by users through the Site;
- Services: the services provided through the Site by REBEYA;
- User : the adult natural person who enters into a contract for purposes outside of his or her entrepreneurial, commercial, artisanal or professional activity, as defined by art. 3 of Legislative Decree no. 206 of 6 September 2005 (so-called “ Consumer Code ”);
- Contents: any textual or multimedia element present on the Site - for example announcements, listings, reviews, images, designs, graphics, sounds, music, videos etc. - including trademarks, logos, intangible assets and/or industrial property rights of which REBEYA is the owner;
- Shopify inc.: Shopify International Limited, an Ireland corporation with offices at 2nd Floor, Victoria Buildings 1-2, Haddington Road, Dublin 4, D04 XN32, Ireland;
- Conditions of Sale: general conditions that regulate the methods and terms through which REBEYA markets the Products through the Site and that regulate the purchase of the Products themselves via electronic means.
TERMS OF SALE
These Conditions of Sale are drawn up and prepared in compliance with and in accordance with the provisions of law on electronic commerce, and in particular with Legislative Decree 9 April 2003, no. 70. With reference to contracts stipulated with Consumer Users, these will benefit from the protections provided in the event of the conclusion of distance contracts pursuant to Part III, Title III, Chapter I, Section II, of Legislative Decree 6 September 2005, no. 206 (Consumer Code), as well as all the additional guarantees provided for consumers by the Consumer Code and any other applicable law. These Conditions of Sale have general scope; they constitute an integral and essential part of the purchase contract for any Product and the forwarding of a purchase order implies their full reading and acceptance by the User.
For natural persons, purchases are permitted only on condition that the Users are of legal age. For minors, each purchase and/or request for supply of Products through the Site must be examined and authorized by parents or those exercising parental responsibility. Therefore, by accepting these Conditions of Sale, the User declares to be of legal age in his/her State or province of residence and/or to have given us his/her consent to allow any minor for whom he/she exercises parental responsibility to use this Site.
All Products and/or Services offered through the Site are described in detail on the relevant pages within the Site. The User is requested to carefully read the description of each Product and, at the time of purchase, flag any checkboxes indicating that they have read the information on the point. Some errors, inaccuracies or small differences may arise between what is published on the Site and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
The online e-commerce platform that allows us to sell our products was created by Shopify Inc.
How to purchase Products on the Site
Before proceeding with the purchase of the Products, the User must fill in the personal data sheet in the registration procedure on the Site, releasing the data necessary for the order processing and for the shipment of the Products (name, surname, e-mail and password) in addition to declaring that he has read and fully accept the Terms and Conditions and that he has read the Privacy Policy. Registration is free and will be required only at the time of the first purchase.
The Products covered by these Conditions of Sale are described, pursuant to art. 6 Legislative Decree no. 206/2005, on the Site. The presentation of the Products on the Site is aimed at Users so that they can formulate a purchase proposal to the Owner; said presentation does not have the nature of a binding offer to the public pursuant to art. 1336 of the Civil Code, with any decision regarding the acceptance of the proposals formulated remaining at the full discretion of the Owner.
To proceed with the purchase, the User may select one or more Products by inserting them into a virtual “cart” (by clicking on the “add to cart” icon) whose contents may always be viewed in the appropriate section, with specific indication of the total price and quantity, before proceeding to forward the purchase order. The total indicated represents the total cost of the products inserted in the “cart”, VAT included, and excluding shipping costs.
At any time before sending the order, the User may, by returning to the "cart", exclude the previously selected Products by clicking on the "basket" next to them or add additional ones.
Once the Products you wish to purchase have been selected and placed in the cart, the User may proceed with the purchase by following the instructions provided therein and filling in the mandatory fields.
Once this phase is completed, the User will be able to choose the payment method from those indicated.
If the billing address is different from the shipping address, you must remove the flag from “Shipping and billing addresses match” and enter the delivery data.
To proceed with the order, the User is required to declare, by placing a flag in the box provided "I have read and accepted the terms and conditions of the website", his/her acceptance of the general conditions of sale which are automatically displayed through a specific window.
By clicking on the “Pay Now” button at the end of the checkout procedure, the User will proceed to forward the order. Each order forwarded in this manner shall be considered, for all intents and purposes, a contractual proposal by the User. Forwarding the order implies the assumption of the obligation to pay.
The forwarding of the order by the User will be followed by an e-mail (sent to the e-mail account indicated by the User) with which the Owner communicates the receipt of the purchase proposal. This e-mail, which contains the summary of the order placed, constitutes acceptance of the contractual proposal.
At the time of shipment, the User will receive a second email containing the courier's link for tracking the package relating to the purchased Product.
The contract will be considered concluded - and therefore the order accepted - at the moment in which the User receives notice of the acceptance of his/her purchase proposal by the Owner and therefore with the receipt of the confirmation email and acceptance of the order.
The Owner will have the right to accept or not the orders received without, in the event of non-acceptance, the User being able to advance rights or claims, except in the case of simultaneous payment, the reimbursement of the sums.
In the event of non-concurrent payment, if payment for the Products does not occur within the expected time frame (5 working days from the forwarding of the order), the sales contract shall be considered terminated and without effect.
The Owner reserves the right to refuse orders that come from: (i) a User with whom it has or has had a legal dispute; (ii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iii) a User who has provided identification data that turns out to be false, incomplete or otherwise inaccurate; (iv) Users on the Black List.
Price and shipping costs
The prices of the Products published in the various sections of the site include VAT and any taxes, duties and charges applicable in the country of destination of the Products, where this is different from Italy, which will be borne by the User.
All prices, shipping costs and any additional charges, where applicable, are indicated on the Site or in the purchase procedure and clearly specified in the "Order Summary" summary sheet, as well as in the subsequent email confirming receipt of the order and acceptance of the same.
The Owner reserves the right to modify at any time the prices of the Products listed on the Site; however, any changes to the prices will not be effective for Users who have already placed an order.
In the event of the User exercising the right of withdrawal, the shipping costs already incurred by the User are excluded from the refund.
Payment Methods
For each order, the User will pay the full price of the Products ordered - detailed with distinction between price, VAT and shipping or additional costs - by choosing the payment method during the purchase procedure and more precisely in the "Your Order" section. It is understood that, in the event of non-acceptance of the order by the Owner, the latter will promptly refund the Users for any amounts already paid.
Payment can be made via:
- via accepted credit cards (Visa, MasterCard, Maestro, AMEX) through the Shopify Payments system. Please note that we are not able to know the information relating to the User's credit card data, which is managed directly by Shopify, which administers the payment. For this reason, we will not be aware of such data, nor will we store it. For further information on the service: https://it.shopify.com/legal/terms-payments-it
- through the protected system “Paypal”. Paypal is another absolutely safe online payment method that will allow you to pay for your order by accessing your account directly. The data relating to your account and your credit card will be managed directly by Paypal, which will simply provide us with a communication via email after the payment has been made . Even in this case, we will not be aware of such data, nor will we store them. For more information on the service: https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
The User will be required to indicate, exclusively from those proposed, the payment method he intends to use.
Any refund to the User (even in the event of failure to execute the order due to the unavailability, even temporary, of the requested Product), will be credited using the same payment method used by the User for the payment, unless otherwise expressly agreed with the User and provided that the latter does not have to bear any costs as a consequence of the refund.
Delivery times and methods of the Products
The Owner will deliver the selected and ordered Products with the shipping methods chosen in the purchase order, to the address indicated by the User.
The Products will be delivered no later than thirty days from the date of conclusion of the contract, unless otherwise agreed by the parties in the order confirmation and acceptance email.
Delivery is subject to payment by the User of the price of the Products and Services connected to the shipment.
Upon delivery of the Products, the User is required to check that the packaging of the products is intact, undamaged and unaltered. Once the courier's transport document has been signed, the User may no longer raise any disputes regarding the quantity and packaging of what was received. The User may sign the transport document "with reservation" if the package is damaged or there is a mismatch between the number of packages indicated in the waybill and the number of packages delivered and must retain a copy of the transport document.
In the event that the delivered goods present any damage presumably caused by transport, the User may refuse delivery and immediately notify the Owner, who will make the necessary complaints to the forwarder, arranging for a new shipment once the disputed goods have been returned.
REBEYA Srl currently delivers in Italy.
To obtain more information on the courier used to make shipments, please contact the Owner at help@rebeyabeauty.com
Rates, Shipping Times and Delays
The cost of shipping may vary if the weight of the items exceeds a certain threshold. Any questions regarding the Rates and shipping times can be sent by the User to the following address: help@rebeyabeauty.com
Standard shipping costs: €4.50
Free from: 49€
Shipping time: 1-10 business days
Orders are normally processed and handed over to the courier on the working day following the sending of the order confirmation by the Owner. Saturdays and Sundays or public holidays will not be considered working days, so orders sent on these two days will be considered sent on the next working day.
The delivery times to the User start from the moment the Owner sends the email confirming the shipment of the products to the User.
If the delivery has not yet been made after the working days indicated above from the order confirmation, the User must inform the Owner at help@rebeyabeauty.com .
(Delays)
In the event of a delay in delivery exceeding 14 (fourteen) working days , the User will have the option to cancel his order by sending an email to help@rebeyabeauty.com
Only in the event that the delay in delivery beyond 14 days is attributable solely to the Owner, the User will be entitled, in addition to the cancellation of the order as provided above, to a refund of any shipping costs incurred, provided that the entire order is returned by the User to the Owner. The refund of costs will be made in the ways indicated in the following section 3.9 (“ Refund following correct withdrawal ”), within 14 (fourteen) working days from the date of receipt of the Product by the Owner.
In the event that the delay is not attributable to the Owner or the carrier, the User will not be able to claim either a refund of the sums paid by him, nor a new shipment of the Products ordered.
In the event that the order is not returned in its entirety and completeness, the User will not be able to claim either a refund of the sums paid by him, nor a new shipment of the Products ordered.
The Owner will not be responsible for failure or delay in delivery due to causes of force majeure, such as - by way of example strikes, measures by the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, inundations and damage to industrial machinery. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each party will have the right to withdraw from the contract. In the event of withdrawal, the User will not be entitled to any compensation or reimbursement of any kind, without prejudice to the right to a refund of any amount already paid as the price for the Product.
The Owner will not be responsible for any extension of delivery times caused by the carrier, especially in cases of loss of the Products, bad weather or strike.
Error in shipping the Product by the Owner
In the event of an error in shipping by the Owner and the User receives a Product different from the one ordered, the User may contact the Owner who will take care of collecting the Product at his own expense or in any case provide the necessary information for returning it and will send the correct one, without charging additional shipping costs.
In case of shipping error, you can request an exchange or refund within 14 days from the date of receipt of the Product.
The User may request a free exchange with the desired Product or another of equal value.
The User must make a written request by email to help@rebeyabeauty.com , prepare the Product to be returned with an intact and well-packaged package and indicate the place of collection of the Products to be returned.
In the event that the User chooses a refund, this will occur no later than 14 days after receiving the Product.
Limitations of liability
The Owner cannot be held responsible towards Users for disservices or malfunctions connected to the use of the internet network outside of its control.
In the event of a contract concluded with a consumer User, the risk of loss or damage to the Products, for reasons not attributable to the Owner, is transferred to the consumer only when the latter physically takes possession of the Products.
Right of withdrawal
(Deadlines for exercising withdrawal)
The User, in compliance with the provisions of the Consumer Code pursuant to art. 59, has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product , returning the purchased item in its original packaging, without tampering with any warranty seal and without opening and/or damaging the external packaging itself.
The Products to be returned must be returned to the Owner intact, in their original packaging, with the instructions for use, any accessories and/or gadgets and anything else that was supplied with them. The Owner will not be able to accept the return of Products that do not have the aforementioned characteristics. To this end, the causes of exclusion indicated below are referred to.
The User who wishes to exercise the right of withdrawal can communicate his will to the Owner by sending a written communication to the e-mail address help@rebeyabeauty.com or by registered mail to the following address Via Diaz 10, cap 34124 TS – c/o Rougj Group
using: (i) the optional withdrawal form [**] referred to in the following section or (ii) any other written declaration.
In the event of communication of the withdrawal by email, the Owner will promptly send the User a confirmation of receipt of the withdrawal exercised.
In any case, the User's communication must contain: a) the Order number in question and details regarding the date of sending the order and its receipt; b) Name, Surname and address of the
recipient; c) email associated with the account from which the Order was placed.
In the case of separate delivery of multiple Products, ordered by the User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.
(Obligation and methods of returning the Products in the event of exercising the right of withdrawal)
In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract.
Specifically, the User must send to the following address: ROUGJ GROUP, with headquarters in Trieste, via Diaz 10, 34124- TS, the Products intact, in perfect condition for resale (not ruined, damaged or soiled), not opened or used, and without obvious signs of use (i.e. they must not show any trace of any type of use in their original packaging), complete with accessories and any manuals, without any missing parts.
(Exclusions from the right of withdrawal)
Please note that the Owner will not be able to accept the return of the Products in the cases listed below as, pursuant to art. 59 of the Consumer Code, the right of withdrawal does not apply:
- to sealed goods which are not suitable for return for hygiene reasons (e.g. opened cosmetics and other products which come into contact with the skin) or are related to health protection and have been opened after delivery;
- damaged or used products, even if only partially;
- in the absence of the original packaging;
- in the absence of integral elements of the product (accessories, instruction manuals, etc.);
- to goods made to measure or clearly personalized,
- to Products which, by their nature, are not suitable for return or are subject to the risk of rapid deterioration or alteration, such as, by way of example only, cosmetic products which have already been opened.
In the event that the Owner should ascertain that the Product returned by the User following the withdrawal falls within one of the hypotheses described above, the Owner will return the specific Product to the User, charging the latter all shipping costs.
In any case, the User is responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products.
(Refund following correct withdrawal)
The Owner, having ascertained that the conditions and prerequisites described in the previous paragraphs of section 3.9 necessary to correctly exercise the right of withdrawal exist, will reimburse the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the Consumer User communicated his/her wish to withdraw from the contract.
The User will only bear the direct cost of returning the Product.
The Owner is not required to reimburse delivery costs.
The Owner, unless he has offered to collect the Product himself, may withhold the reimbursement until he has received the Product or until the User has demonstrated that he has sent it back.
If the methods, conditions and terms for exercising the right of withdrawal, as specified in this section, are not respected, the User will not be entitled to a refund of the sums already paid. In this case, the User may obtain, if requested, at his/her own expense, the Product in the state in which it was returned to the Owner. In this case, the shipping and transport costs are charged to the User.
Optional form to exercise the right of withdrawal [**]
As better specified in paragraph 3.9, section “ Terms within which to exercise the withdrawal”, Users have the right to withdraw within the terms and conditions specified above by sending a written communication to the e-mail address help@rebeyabeauty.com or by registered mail to the following address ROUGJ GROUP Srl, with headquarters in Trieste, via Diaz 10, 34124 - TS using the following optional form:
I hereby communicate my withdrawal from the sales contract relating to the following Product _____________________________________________ Order number: Ordered on: Received on:______ Name and Surname: Address: E - mail the message to the account from which the order was placed : ______________________________________ Date: |
Product Conformity Guarantee
The legal provisions regarding guarantees referred to in this paragraph apply to purchases made by Users, including, if applicable, the provisions set forth in the Consumer Code.
The Owner has the obligation to deliver the Products compliant with the sales contract according to the parameters set out in art. 129 paragraph 2 of the Consumer Code.
The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: (i) they are suitable for the use for which goods of the same type are normally used; (ii) they comply with the description given by the Owner and possess the qualities of the goods that the seller has presented to the User as a sample or model; (iii) they have the quality and performance which are usual in goods of the same type, which the User can reasonably expect, taking into account the nature of the Product and, where applicable, public statements on the specific characteristics of the Products made in this regard by the Owner, the manufacturer or his agent or representative, in particular in advertising or on labelling; (iv) they are also suitable for the particular use intended by the Consumer User and which was brought to the attention of the Owner by the latter at the time of conclusion of the contract and which the Owner has also accepted by conclusive facts.
Therefore, any faults or malfunctions caused by accidental events or by the User's responsibility or by use of the Product that is not compliant with its intended use and/or with what is provided for in the attached technical documentation are excluded from the scope of the guarantee of conformity.
The lack of conformity that occurs within 24 months from the date of delivery of the Product must be reported by the consumer User within 2 months from the date of discovery of the defect to the following email address: help@rebeyabeauty.com . Any notification of a lack of conformity of the Product must be submitted together with proof of purchase of the Product from the Owner (tax document or payment receipt).
The action aimed at asserting defects not fraudulently concealed by the Owner, in any case, expires within 26 months of delivery of the goods.
Unless proven otherwise, it is presumed that the lack of conformity that appears within 12 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After 12 months, the User will have to provide proof that the damage was not caused by a use of the conformity of the Product, without costs.
The Consumer User can choose between repairing the Product or replacing it.
This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate reduction in the price or to the termination of the contract, only if one of the following situations occurs: i) the repair and replacement are impossible or excessively onerous; ii) the Owner has not provided for the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the User.
If the User intends to take advantage of the remedies provided by the guarantee of conformity, he/she must send a written communication to the e-mail address help@rebeyabeauty.com
The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
USER CONDUCT RULES
Each User must use the Internet responsibly and with respect and courtesy towards the rights of other Internet users.
As such, by accessing the Site, the User agrees not to: (i) upload to the Site, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, immoral, invasive of another's privacy including publicity rights, hateful or disparaging, racially or otherwise offensive; (ii) upload to the Site, post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional material, "publicity material", "misleading information", "chain letters", or any other form of solicitation; (iii) upload to the Site, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or telecommunications equipment; (iv) disrupt or interrupt the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of networks connected to the Site; (v) attempt to damage the Service of any user, host or network, including, without limitation, exposing the Site to viruses, saturating, flooding the server, saturating e-mail messages or falsifying any header of the information packet of the TCP/IP protocol or any part of the information contained in any e-mail; (vi) access data that is not intended for Internet Users or enter a server/account to which the Internet User is not authorized to have access; (vii) attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without authorization; (viii) assume the identity of another person; (ix) engage in any activity or induce a third party to engage in any illegal activity or any other activity that may violate the rights of the Owner, its partners, distributors, suppliers of any other Internet user; (x) transmit or transfer (by any means) information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of national or international laws or regulations.
Recognizing the global nature of the Internet, each User undertakes to comply with all local and international rules and procedures relating to online conduct and acceptable content, and in particular all applicable laws regarding the transmission of technical data.
At any time and for any reason, the Owner may use any means to terminate, without notice, the use of the Site or any of our Services for any conduct that violates these Terms of Use, without compromising any damages and interests the Owner reserves the right to request from the User in case of non-compliance with the terms and conditions of use of the Site.
The User must not interfere with or interrupt the functionality of the Site. It is the User's responsibility to take all appropriate measures in relation to the equipment used to protect it from possible contamination by computer viruses or attempted intrusions. Equipment means, in particular, but not limited to: personal computers, PDAs, Internet access, software programs and data, etc.
COMPENSATION
You agree to indemnify, defend and hold harmless the Owner and our affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third-party.
CONTENT RIGHTS
The Owner is the owner of all intellectual and industrial property rights present on this Site as well as the Contents. The use of this Site and its Contents does not grant the User any rights in relation to copyright, designs, trademarks and all other intellectual property rights and material mentioned, displayed or related to the Contents present on the Site. Any reproduction, redistribution or other unauthorized use of the Contents is prohibited and may result in civil and criminal penalties. The User may use the Contents only with prior written and explicit authorization from the Owner. The Owner reserves the right to request any damages in the event of counterfeiting and, more generally, in the event of violation of intellectual property rights.
WARRANTY EXCLUSIONS
The Site is provided on an “as is” and “as available” basis and the Owner makes no express or implied warranty in relation to the Site, nor does it provide any warranty that the Site will meet the needs of Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will endeavor to ensure that the Site is available 24 hours a day, without interruption, but cannot in any way be held responsible if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the will of the Owner or due to force majeure.
LINK TO THIRD PARTY SITES
The Site may contain links to third-party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third-party sites/applications that provide services through the Site. In these cases, the general conditions for use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.
LIMITATION OF LIABILITY
The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being only entitled to the possible full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, name of the holder, password, etc.)
The Owner will not be responsible for:
- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner;
- incorrect or unsuitable use of the Site by Users or third parties;
- the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being the only person responsible for correct entry;
- for any lost profits, incidental, consequential, punitive, special or indirect damages arising out of or in connection with the Site or these Terms, even if advised of the possibility of such damages, regardless of whether the claim for such damages is based on contract, tort, strict liability or otherwise. This limitation of liability includes, but is not limited to, any (i) transmission of any bugs, viruses, Trojan horses or the like that may infect User's equipment, mechanical or electronic equipment failures; (ii) unauthorized access to or use of the Site or the Owner's secure servers and/or any personal information and/or financial information stored therein; or (iii) theft, operator errors, strikes or any force majeure.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
FORCE MAJEURE
The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will take any action within its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
ACCURACY, COMPLETENESS AND UP-TO-DATE OF INFORMATION
The Owner is not responsible if the information made available on this Site is not accurate, complete or up to date. The contents of this Site are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and more up to date sources of information. The User who relies on the contents of this Site does so at his or her own risk.
This Site may contain certain historical information that is not current and is provided to the consumer and for reference only. The Owner reserves the right to modify the contents of this Site at any time but we are in no way obligated to update any information on our Site. You accept the responsibility to monitor changes to our Site.
ERRORS, INACCURACIES AND OMISSIONS
Our Site may occasionally contain information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any omissions, errors or inaccuracies, and to change or update information or cancel orders if any information on the Site or any related Website is inaccurate at any time without prior notice (including after the consumer has placed an order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including, without limitation, pricing information, except as required by law. No updated or revised date on the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.
PRIVACY
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the following page www.rebeyabeauty.com/pages/privacy-policy
APPLICABLE LAW AND JURISDICTION
The Conditions are subject to Italian law.
Any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where the User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.
The application to Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.
ONLINE DISPUTE RESOLUTION FOR USERS
If you are a User and have submitted a complaint relating to a contract concluded through this Site but it has not been possible to resolve the dispute that is the subject of the complaint, you will be provided with information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not we make use of such bodies to resolve the dispute itself.
In any case, we inform you that for the resolution of disputes arising from the exact application of contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to the mediation procedures referred to in Legislative Decree 4 March 2010, no. 28.
The possibility of using the voluntary and joint negotiation procedures provided for by Article 2, paragraph 2, of the same Legislative Decree of 4 March 2010, no. 28 remains intact.
Furthermore, we remind you that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform, you can consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which you are involved.
In any case, whatever the outcome of the out-of-court dispute resolution procedure, your rights to turn to the ordinary judge remain intact, and, if the conditions exist, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
SAFEGUARD CLAUSE
In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such circumstance shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
CONTACT INFORMATION
The owner of this Site is the Company REBEYA Srl, with registered office in Bologna, Galleria Guglielmo Marconi 2, BO- 40122, Tax Code/VAT No. 04158991200, registered with the Bologna Chamber of Commerce, REA number 573115, and capital of Euro 10,000.00 fully paid, PEC address rebeya@pec.rebeya.it
Any questions regarding the Terms of Service and/or the Conditions of Sale and/or the Products/Services offered on this Site may be sent by the User to the following address: help@rebeyabeauty.com