TERMS AND CONDITIONS OF SALE

1) GENERAL NOTES

These general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions" or "GTC") are governed by the Consumer Code (Legislative Decree no. 206/2005), Section II, Distance Contracts (Articles 50 - 67), the rules on electronic commerce (Legislative Decree no. 70/2003 - Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce) and by the Italian Civil Code and apply exclusively to the sale by means of the Internet of the products marketed by Mesauda Beauty srl on the Site (hereinafter "the Products") and govern and form an integral and substantial part of all contracts entered into by the Client with Mesauda Beauty srl. As a result of placing an Order, the Customer declares that he/she has read and accepts these GTC. These GTC shall prevail over any other general conditions of contract whose application is invoked in relation to one or more contracts.
The Customer undertakes to print and/or keep telematically, in the preferred manner, these General Terms and Conditions of Sale.
In the event of changes to the General Conditions, which Mesauda Beauty Srl reserves the right to make without prior notice, the General Conditions published on the Site at the time the Order is sent by the Client shall apply to the purchase order (hereinafter "Purchase Order").
The mere tolerance or failure of Mesauda Beauty Srl to dispute any failure by the Client to comply with the provisions of the GTC shall not be construed as tacit acceptance of such failure, nor as a willingness to deviate from what was agreed between the parties.
The owners of the Trademarks whose products are marketed on the Site are not parties to this agreement, but remain the sole owners of the rights to the logos, trademarks related to the products presented on the Site itself and holders of the relevant copyright.
The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Mesauda Beauty Srl.
In order to validly conclude this contract, legal capacity to act and any age limits prescribed by law, which the Buyer declares to possess, are required.
Mesauda Beauty Srl does not charge any fees, nor impose any charges for access to the Site, it remains the sole responsibility of the Buyer to pay any charges necessary to connect via the Internet to the Site (including possibly telephone charges) according to the rates applied by the operator chosen by the Buyer.
Prices and goods for sale on the Site are subject to change without notice.
The Seller reserves the right, without prior notice, to modify the goods on the Site or change their characteristics at any time and without notice or obligation.
The Seller reserves the right to make changes and improvements to any goods offered on the Site, without the obligation to make such changes to those already sold.
This Site may be accessed by users from all over the World, where all Products featured are expressly intended for sale, but the Site itself may contain references to goods that are not available or cannot be purchased in the Site visitor's country.

2) CONCLUSION OF THE CONTRACT

The publication of the Products displayed on the Website constitutes an invitation addressed to the Customer to make a contractual proposal for purchase. The order sent by the Customer has the value of a contractual proposal and implies the complete knowledge and full acceptance of these General Conditions of Sale and the privacy policy. The Conditions of this offer apply exclusively to purchases made on the Site.
The purchase contracts (hereinafter "Contracts") entered into on the Website are concluded by the Client with Mesauda Beauty Srl. The contract entered into between Mesauda Beauty Srl and the Client shall be deemed concluded with the acceptance, even partial, of the order by Mesauda Beauty Srl, which reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed tacit, unless otherwise communicated in any manner to the Customer. By placing an order in the various ways provided, the Client declares that he/she has read all the information provided during the purchase procedure and fully accepts the general and payment conditions transcribed below.
The order cannot be placed in relation to products which, although present in the catalog of the Site, are indicated as unavailable. In any case, the products on the Site are offered while stocks last and subject to their actual availability. Information on the availability of products will be provided to the Buyer when sending an e-mail confirming receipt of the Order
The Buyer may select one or more products and/or services from the different categories available on the Internet Site.
Mesauda Beauty Srl may change at any time the assortment of products offered for sale on its Website, especially depending on reasons related to its suppliers and/or the information related to them such as prices, description or availability of the products, without prior notice. Mesauda Beauty Srl will not make any change to the price, availability or description of any product subsequent to Mesauda Beauty Srl's acceptance of the Order sent by the Buyer.
Before sending the Order, the Buyer may view on the Website all the information referred to in Article 49 of Legislative Decree September 6, 2005, No. 206 ("Consumer Code") such as, but not limited to, information regarding the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he/she wishes to purchase and together with all other mandatory information required by Italian law.
The products comply with the applicable legislation in Italy in force at the time of the Order. Mesauda Beauty Srl cannot be held responsible for the non-compliance of the products with the legislation of the country to which the Buyer wishes delivery to be made. The Buyer is required to check with the local authorities of the country where the products are to be delivered on how to import and/or use the products and services he intends to order. Mesauda Beauty Srl cannot guarantee that the information on product packaging will be translated into languages other than Italian.
The photographic representation of the Products on the Website is indicative with mere illustrative purpose for the sale, without any guarantee or commitment, on the part of Mesauda Beauty Srl, about the exact correspondence of the image depicted on the Website with the real Product (by way of example but not limited to: size, color, shape, accessory products present in the picture, etc.); in case of difference between the image and the written product sheet, the description of the product sheet shall always be authentic.

3) PRICES.

All prices on the site are intended as retail prices and, therefore, do not include any customs clearance charges for deliveries to countries outside the European Union. Mesauda Beauty Srl reserves the right to change prices at any time, without prior notice. In the event that an incorrect and/or clearly derisory price is published, for whatever reason (error in systems, human error, etc.), the order will be cancelled, even in the case of initial validation.
All Prices include VAT and other taxes provided as per law.
Delivery costs and those for any payment by cash on delivery, where this method is granted at the time the order is placed, are the responsibility of the Customer and will be adequately highlighted in the Purchase Order.
The Price shown on the Site at the time of confirmation of shipment shall apply to the Products, without any consideration of previous offers or any changes in Price occurring thereafter, which, however reported on the Site, may vary at the time of confirmation due to the Buyer's own tax treatment with request for payment of less tax on taxable income.
In case the Products are to be delivered to a country outside the European Union, the total price indicated in the Order and reiterated in the Order Confirmation, including VAT, is exclusive of any customs duties and any other sales tax, which the Buyer hereby undertakes to pay, if due, in addition to the price indicated in the Order and reiterated in the Order Confirmation, as provided by the legal provisions of the country to which the Products will be delivered. For information on any duties or taxes applied in his country of residence or destination of the Products, the Buyer is invited to inquire at the competent bodies of his country of residence or destination of the Products.
Any other costs, charges, taxes and/or levies that any given country may apply for any reason to the products ordered under this contract are the sole responsibility of the Buyer.
The Buyer declares that the Buyer's failure to be aware of the costs, charges, duties, fees and/or taxes referred to in the preceding paragraphs at the time of placing an order with the Seller shall not constitute cause for the termination of this contract and shall not in any way be chargeable to the Seller.
Mesauda Beauty Srl develops during defined time intervals and at His unquestionable appreciation promotional campaigns also in order to promote the access of new Buyers to the site and to reward the loyalty of its regular Customers, therefore reserves the right to interpret the conditions of application of the promotions, extend them by communicating it in the due manner and time, or proceed to the exclusion of any participant in the promotions in the event that anomalies, abuses or unethical behavior in the participation of the same are identified.
Online Credit Card transactions are carried out directly on the Bank's website, through a Secure Server that adopts the SSL (Secure Socket Layer) protection system. This protocol allows communication in a mode designed to prevent interception, modification or falsification of information. Mesauda Beauty Srl has no knowledge of the data of the Credit Cards used by its customers.

4) ORDER

Purchase Orders must be placed exclusively online through the order procedure on the Site, excluding any other form (e.g., telephone, correspondence, email).
The Purchase Contract shall be considered concluded at the moment of receipt of the order by Mesauda Beauty Srl; in this case Mesauda Beauty Srl undertakes to acknowledge receipt of the Order by sending a confirmation email to the email address mandatorily communicated by the Client. This Confirmation will summarize the Products chosen, the relevant Prices (including delivery charges), the address for delivery, any order number (to be referred to even after the order for any communications) and the General and Particular Conditions applicable to the Order.
In the case of multiple orders, as many contracts shall be deemed to have been entered into as the number of Products ordered.
For each individual transaction, a maximum number of 10 (ten) units for each item reference on the Website will be possible to purchase.
The order cannot be placed in relation to products which, although present in the catalog of the Site, are indicated as unavailable. In any case, the products present on the Site are offered until their availability is exhausted and Mesauda Beauty Srl where it finds insubstantial stocks, will have the right to notify even after payment and offer a refund.
The Client is solely responsible for the truthfulness and correctness of the information and data provided to Mesauda Beauty Srl and requested by the latter through the Site, and undertakes to promptly report any changes in the data entered. Possible additional expenses determined by errors or omissions in the entry of data in the purchase form or not reported in a timely manner, will be borne by the Client.

4.1) PURCHASING PROCEDURE

Customers can purchase the Products on www.mesaudabeauty.com, illustrated within their respective categories, as described in the relevant information sheets on the site, by following the technical access procedures outlined below.
To purchase products, the customer must register on the site by entering his or her details in the registration form and must complete the electronic order form available on the site, following the instructions below.
The customer must place the selected products in the appropriate "Shopping Cart" and proceed to purchase.
If the customer needs to change some data in their purchase order, they should follow up by sending an email to support@mesaudabeauty.com
After this operation is finished, the customer will see the summary of the purchase order, including shipping costs, with a request for further confirmation to the purchase procedure.
Next, the customer must select the desired type of payment, i.e. Credit Card, PayPal or Cash on Delivery, and submit the order by clicking on the appropriate button.
Upon placing the order, the customer will receive a summary of the purchase on the indicated e-mail box.

5) PAYMENT METHODS

Unless otherwise agreed, the Customer shall pay the price of the ordered items in full, at the same time as placing the Order. Mesauda Beauty Srl reserves the right to make delivery of the purchased items only after receiving payment of their full price. As part of the process of placing the Order in the manner specified in the Site may be proposed by Mesauda Beauty Srl, at its complete discretion, with the possibility of variation without the need for prior information, different payment instruments, such as payment by credit card (exclusively Visa, MasterCard, Maestro), payment through the protected system "Paypal", payment by prepaid card (eg. "Postepay").
Simultaneously with the communication of the Order Confirmation, the amount corresponding to the purchased Products will be charged to the Customer.
The Customer agrees to receive invoices, if required, in electronic format. The information provided by the Customer will be the basis for the issuance of the invoice. No changes in the data will be possible after the invoice has been issued.
For reasons of security of transactions and where required by banking intermediaries and the like, Mesauda Beauty Srl reserves the right to request the sending of a copy of an identity document of the holder of the Credit Card in order to complete the order.
By accessing the payment procedure and submitting the same, the Customer declares that he/she does not violate Legislative Decree No. 231/07, as supplemented by the recent Legislative Decree No. 151/09, on national legislation on the subject of prevention of the phenomenon of money laundering of illicit origin.

6) MODE OF DELIVERY

Mesauda Beauty Srl will deliver the purchased products within 3-4 working days (excluding therefore holidays and Saturday and Sunday days), by specialized carriers of its own trust, which it reserves the right to notify the Customer after payment and vary at any time for better order fulfillment.
Upon delivery of the Products to the Customer by the carrier in charge of their transport, the Customer must check, in the presence of the carrier: a) that the quantity and type of the Products ordered corresponds to what is indicated in the transport document; b) that the packaging for transport is intact as well as any seals affixed by Mesauda Beauty Srl or the carrier, not damaged, wet or otherwise altered, even if only in the sealing materials; c) that the quantity, quality and type of the Products delivered corresponds to what was ordered.
Any anomalies or discrepancies must be reported immediately to the carrier upon receipt of the Products, by means of their exact annotation in the delivery note or on the transport document and contact immediately and, in any case, no later than 7 (seven) days after Delivery, through the channels and to the references listed in the "Contact" section.

7) DELIVERY CHARGES

The delivery costs to be paid together with the price of the purchased goods shall be borne by the Customer and adequately highlighted in the Order. The cost of each shipment may vary depending on the method of delivery and payment, as well as the destination and total amount of the Order.

8) SUPPORT SERVICES

The Customer may obtain information regarding After Sales Services by accessing the relevant section of the Site, or by contacting Mesauda Beauty Srl through the channels and at the references listed in the "Contact" section.

9) RIGHT OF WITHDRAWAL

If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he/she shall be entitled to the rights set forth in Article 64 of the Consumer Code within the limits provided for in said legislation and therefore has the right to withdraw from the Purchase Agreement (hereinafter "Right of Withdrawal") for any reason whatsoever, without offering any explanation and without any penalty, in the manner specified below and in accordance with the most favorable terms that may result from an amendment to the Consumer Code.
The Withdrawal may relate to all the Products marketed by Mesauda Beauty Srl on the Site purchased by the Consumer (Total Withdrawal) or only part of them (Partial Withdrawal).
The right of Withdrawal is exercised by sending, within 14 (fourteen) calendar days from the date of receipt of the Products (full proof of receipt is the date shown on the delivery note) an email communication forwarded to support@mesaudabeauty.com
The notice of Withdrawal must expressly specify the intention to withdraw from the Purchase and the Product or Products for which the right of Withdrawal is to be exercised, attaching a copy of the relevant purchase invoice and transport document (DDT). In the communication, the Customer must also confirm that the Products are intact and stored in perfect condition in their original packaging, complete in all its parts.
Following the correct exercise of the right of Withdrawal, Mesauda Beauty Srl will forward to the Client, via e-mail the necessary authorizations to proceed with the return.
Return of Products must be made within 30 (thirty) calendar days from the date of receipt of the same. For the purposes of the deadline, the Product shall be deemed returned at the time it is delivered to the accepting post office or carrier.
However, the right of Withdrawal is subject to the following conditions:

the right applies to individual Products purchased in their entirety;
purchased products must be intact and returned in the original packaging, complete in all its parts (including packaging and ancillary documentation);
however, the right cannot be exercised in the case of sealed goods that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery:
Transportation costs related to the return of the Product will be borne by the Customer;
the Return is the full responsibility of the Customer.

The right of withdrawal governed by these GTC does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, as well as Products intended for the intimate use of the person.
If the right of Withdrawal has been correctly exercised, Mesauda Beauty Srl will refund the Client the full amount already paid, including Delivery Charges, within 60 (sixty) calendar days of the actual return of the products, free of charge.
The amount refunded will be net of the cost of returning the Products, which will remain the responsibility of the Customer.

10) WARRANTIES.

(a) Legal Warranty for the Consumer

The Consumer, as defined in Article 3 of the Consumer Code (hereinafter, "Consumer Code," Legislative Decree September 6, 2005, No. 206), has the right to make use of the legal guarantee provided by the Consumer Code itself in Articles 128 et seq.
This Warranty provides, among other things, that the Consumer, under penalty of forfeiture, report to Mesauda Beauty Srl any lack of conformity found in the purchased product within 2 (two) months of discovery (art. 132, Consumer Code).
Following such a complaint, the Consumer shall have the right to request repair or replacement of the Product, without prejudice to any other rights provided by law in favor of the Consumer.
The above legal Warranty is valid for the maximum term of 2 (two) years from the Delivery of the Product. Beyond this term Mesauda Beauty Srl, therefore, will not be responsible for conformity defects found by the consumer.
The Legal Warranty allows the Buyer, in case of conformity defects in the product, to obtain, by applying directly to the Seller, within a reasonable time taking into consideration the nature of the product, repair (if and to the extent possible), replacement of the product, price reduction or termination of the contract.
In any case, use of the product that is not in accordance with the product's own use and with the instructions and/or warnings about it provided by the Seller and/or the Manufacturer of the Product is not covered by warranty.
Any report of a product conformity defect must be submitted together with proof of purchase of the product from the Seller (tax document issued by the Seller or payment receipt).
In case of replacement or repair of the Product, the terms of the warranty relating to the Product given as replacement or resulting from the repair shall be the same as for the original Product. Therefore, the total two-year term of the legal warranty will still run from the Delivery of the original Product.
The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in accordance with their intended use and with the provisions of the enclosed indications, as well as upon presentation by the Customer of the delivery note received.
The legal warranty of conformity applies only to defects not resulting from normal use of the Product.
Reference is made, in any case, to the rules of the Consumer Code in Articles 128 et seq. for the regulation of the legal guarantee.

(b) Legal Warranty for Non-Consumer Customers

Non-Consumer Customer, as defined in Article 3 of the Consumer Code, has the right to make use of the Legal Warranty provided in the Civil Code.
This Warranty provides, among other things, that the non-Consumer Customer, under penalty of forfeiture, report to Mesauda Beauty Srl any lack of conformity found in the purchased product within 8 (eight) days of discovery.
The Legal warranty referred to above is valid for the maximum term of 12 (twelve) months from the Delivery of the Product. Beyond this term Mesauda Beauty Srl, therefore, will not be responsible for conformity defects found by the non-Consumer Customer.
The rights arising from the legal guarantee of conformity may be exercised provided that the Products have been used correctly, with due diligence and in accordance with their intended use and with the provisions of the enclosed indications, as well as upon presentation by the Customer of the delivery note received.

11) PRODUCT LIABILITY FOR DEFECTIVE PRODUCTS

The provisions of the European Directive 85/374/EEC and the Italian Legislative Decree No. 206/2005 (Consumer Code) apply with regard to damages caused by the defective product. The Seller, as distributor of the products presented on the Site, releases itself from all liability, none excluded and/or excepted, by indicating the name of the relevant product manufacturer.

12) FORCE MAJEURE

The Seller shall not be liable in the event of total or partial non-performance of its obligations under this contract if such non-performance is caused by unforeseeable events and/or natural events beyond its reasonable control, including but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and/or private workers, strike and/or restrictions on courier and airline routes.

13) INTELLECTUAL PROPERTY

The trademarks Mesauda Milano, Mesauda Cosmetics, Mesauda Professional, Mesauda Nail Pro, Me by Mesauda, Top Notch by Mesauda, all figurative and non-figurative trademarks present on the Website, images, illustrations and logos and any content present on the Site (including, without limitation, texts, General Terms and Conditions of Sale, privacy, etc.) are the exclusive property of Gaon Srl and/or the respective owners of the intellectual property rights over them.
Reproduction in whole or in part, modification or use of trademarks, illustrations, images and logos, or any other content on the Site, for any reason and by any means, without the express written permission of Mesauda Beauty Srl and/or the respective holders of intellectual property rights on the same is strictly prohibited.

14) TRANSACTION SECURITY

The use of the Buyer's username and/or registration/access password shall constitute proof of the identity of the Buyer, who shall keep them at his own expense and responsibility, for the purpose of exercising the right of Mesauda Beauty Srl, upon confirmation of the Order, to demand the relevant amounts. The computer records of Mesauda Beauty Srl shall constitute proof of communications, Orders and payments between the Parties. Mesauda Beauty Srl and/or its business partners shall in no way be responsible for the misuse and/or disclosure to third parties of the Buyer's registration/access information.
The provision of the credit card number and the final validation of the Order constitute proof of acceptance of the Order and make the sums indicated for the purchase of the products indicated in the Order payable. Computer records, kept in the computer systems of Mesauda Beauty Srl and its partners, shall be considered proof of the communications, Orders and payments occurred between the Parties.

15) ABILITY TO CONTRACT

The Buyer declares that he/she has full capacity to act and enter into a contract for the purchase of products and/or services on the Website according to these General Conditions of Sale. Mesauda Beauty Srl shall under no circumstances be required to verify the capacity to act of visitors and Buyers of the Website. In the event that a person without the necessary capacity to act places an Order on the Internet Site of Mesauda Beauty Srl, without prejudice to the liability of the person on the same responsible by law, for such Order and the related payment, Mesauda Beauty Srl, where it has had knowledge of it, may refuse to accept the Order.

16) PROCESSING OF PERSONAL DATA

The Client's data are processed by Mesauda Beauty Srl in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the special section "Information pursuant to Article 13 of Legislative Decree 30.6.2003".

17) COMMUNICATIONS

Any communication may be addressed to Mesauda Beauty Srl using only the contact channels listed in the "Contact" section of the Site.

18) APPLICABLE LAW AND JURISDICTION.

The contract of sale between the Client and Mesauda Beauty Srl is understood to be concluded in Italy and governed by Italian Law.
The contract will be governed and interpreted in accordance with Italian Laws.
The Parties agree that the application of the United Nations Convention on Contracts for the International Sale of Goods to this contract is expressly excluded.
Any disputes related to the interpretation or execution of this contract will be resolved exclusively and irrevocably by the Court of Rome (Italy), without prejudice to the application of the rules set forth in Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 (Consumer Code) in the case of purchases by Consumers.
For everything not expressly provided for herein, the provisions of the Law in force in the Italian legal system apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 (Consumer Code).
Out-of-court settlement of disputes: the Buyer has the right to promote the out-of-court settlement of disputes concerning the consumer relationship at the bodies established by the chambers of commerce, industry and agriculture pursuant to Law No. 580 of December 29, 1993 as well as resort to the mediation procedures referred to in Legislative Decree 28/2010, as amended, under the conditions provided by the body chosen by the Buyer who will administer this procedure. It is without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for in Article 2, paragraph 2, of the aforementioned Legislative Decree, as well as the complaint procedures provided for in the service charters.

19) ASSIGNMENT

Buyer shall not assign or otherwise transfer in whole and/or in part to any third party any of its rights and obligations under this contract without the prior written consent of the other party.

20) VALIDITY OF CLAUSES

The headings of the clauses used herein are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.
These conditions do not affect the rights attributed by Italian Law to the Buyer acting as a Consumer or the rights guaranteed to him by the mandatory provisions of the system to which he is subject.
In the event that any clause or part of a clause of these general conditions should be held invalid because it conflicts with or is contrary to a rule of law, all other clauses of this agreement or parts of the same clause shall remain in full force and effect.

21) CONCLUDING PROVISIONS

This contract supersedes all contracts, agreements and understandings previously made between the Parties and, together with the order, order confirmation and general terms and conditions relating to the use of the Site, constitutes the entire agreement between the Parties regarding the subject matter of this contract.
The Buyer declares that he has not been induced to enter into this contract by previous oral statements.
The circumstance that one of the Parties does not assert against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver of its right to obtain performance of the obligation in question in the future.

DISCOVER LIP THEORY

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