The purpose of this document is to regulate the General Terms and Conditions of Distance Selling of the products that the Customer purchases from the Website www.kareitaly.com (hereinafter referred to as the "Website") of KOSMEO s.r.l., with its registered office at Cesano Maderno (MB) 20811, via Borromeo, 29 (hereinafter referred to as "KOSMEO" or the "Seller"). This document has also been drafted in accordance with the provisions of the Italian Consumer Code.
1. Definitions
"Online Sales Contract" refers to the distance contract, i.e., the legal transaction concerning movable goods and/or services concluded between a supplier and a final consumer—a customer within a distance selling system organised by the supplier, who, for this contract, exclusively uses remote communication technology known as the Internet.
"Terms and Conditions" refers to this Online Sales Contract, which regulates the sale of goods available on the Website between Kosmeo and the Customer.
"Product(s)" refers to the good or goods available on the Website and offered for sale by Kosmeo.
"Consumer" refers to the natural person who purchases goods and services for purposes not related, either directly or indirectly, to any professional activity possibly carried out.
"Customer" refers to the natural person Consumer who purchases the Product or Products from this Website.
2. Subject
The subject of this document is to regulate the distance sale of Products within the territory of Italy to the Customer, as made available by the Seller on its Website, in accordance with these General Terms and Conditions. All contracts will be concluded directly through the Customer's access to the Website, where they can purchase the desired Products by carefully following the provided instructions and procedures.
These General Terms and Conditions of Sale must be reviewed online on the Website before completing the purchase procedure. Submitting the order confirmation implies total knowledge and full acceptance of these terms.
By electronically confirming their purchase order, the Customer unconditionally accepts and agrees to comply with the following Terms and Conditions and payment terms in their dealings with Kosmeo. They declare that they have read and accepted all the information provided in accordance with the Italian Consumer Code. They also acknowledge that Kosmeo is not bound by different conditions unless previously agreed in writing.
Kosmeo specifies that the sale of Products on its Website is intended for the final consumer Customer, prohibiting resale by the Customer. Kosmeo will only consider sales contracts concluded by adult Customers as valid; an order placed by a minor will not be regarded as valid and, therefore, will not be fulfilled.
3. Sales Prices, Order Completion, & Payment Methods
The Products, prices, and sales conditions displayed on the Website – within the limits of their availability – constitute a public offer to the consumer Customer. Therefore, for the contract to be concluded, the Customer must accept it by accurately completing all the required information, adhering online by following the on-screen instructions, and finally selecting and accepting the checkboxes stating, “I confirm that I have read and understood the privacy policy” and “I confirm that I have read, understood, and accepted the General Terms and Conditions.”
The Customer can “not create a Customer account” by simply checking the box next to the relevant statement. In this case, the information provided by the Customer will be used solely to process the order and must be re-entered for subsequent orders.
The Customer bears the total shipping cost to the Customer's address except for exceptions and derogations that will be specifically advertised on the Website. The price will, in any case, be made known to the Customer before the purchase confirmation. The Website may indicate the minimum amount above the Customer will not pay shipping costs.
The Customer must pay for the Products ordered using only the payment methods indicated online on the Website at the time of purchase. Currently, the available payment methods are a) Credit Card (Nexi, Mastercard, Visa, Maestro, PagoBancomat circuits); b) Debit Card (Nexi, Mastercard, Visa, Maestro, PagoBancomat circuits); c) PayPal. Kosmeo does not become aware of the payment method data chosen by the Customer as the payment is made on the site/platform of the individual provider; the management and security of these payment methods are, therefore, those provided by the personal financial institutions or management companies and do not depend in any way on Kosmeo, which remains entirely unrelated to them and cannot, therefore, be held responsible for any violation.
The Customer expressly grants Kosmeo the authority to partially accept the order placed, allowing for the direct shipment of the Products within the limits determined by Kosmeo. In such a case, the contract will be considered concluded concerning the Products actually sold.
4. Delivery Methods & Terms and Related Responsibilities
Kosmeo will deliver the Products selected and ordered by the Customer to the address in Italy specified by the Customer, using the methods outlined in the previous article and through a courier chosen by and trusted by Kosmeo.
The Products ordered by the Customer will generally be delivered within 3 to 5 working days from the acceptance of the order. Kosmeo will send the Customer an email confirming the order acceptance, indicating the precise date from which the aforementioned days will start to count.
Kosmeo will consider the delivery concluded when the Customer or a person authorised by the Customer physically takes possession of the Products. Upon receipt, the Customer must verify that the delivered product conforms to the order placed.
If, due to unforeseen circumstances (such as courier strikes, out-of-stock items, etc.), Kosmeo cannot meet the above delivery times, Kosmeo will promptly inform the Customer of the delay and provide a potential new delivery date. In such cases, Kosmeo commits to managing the delay as quickly as possible by proposing the earliest possible delivery date.
If the order consists of multiple items and one or more items are missing, Kosmeo will ship the available products in stock and promptly supply the missing items. In this case, any subsequent shipments will be entirely and exclusively at Kosmeo's expense, and no additional charges will be requested from the Customer.
No responsibility can be attributed to Kosmeo for delayed or non-delivery due to force majeure or unforeseen events.
Kosmeo is not responsible for any damage or delays in delivery caused by the courier to the purchased Products, as it remains entirely unrelated to the relationship between the courier and the Customer.
5. Product Availability
The Customer may purchase the Products under the conditions indicated on the Website by Kosmeo and in the quantities available in stock.
6. Customer Obligations
The Customer commits and agrees, once the online purchase procedure on the Website is completed, to print and retain these General Terms and Conditions, which have already been reviewed and accepted as a necessary step in the purchase process, as well as the specific details of the Product purchased. This is to fully satisfy the conditions set out in the Italian Consumer Code.
Kosmeo may update or modify these general Terms and Conditions at any time, communicating such changes through its Website. The Customer commits and agrees to print and retain the updated General Terms and Conditions whenever a modification occurs.
Before the formal conclusion of the order, the Customer must verify the information related to ingredients, allergens, and all other indications listed in the online product sheet for each Product sold on the Website. Although all products sold undergo tests to avoid allergy risks and side effects, the Customer is responsible for verifying that there are no contraindications for their health or for others who will use the Products. The Customer can contact Kosmeo for any missing or unclear information about the Products by emailing support_at_kareitaly.com. The Customer hereby indemnifies Kosmeo from any liability arising from omitted precautions in this regard.
The Customer is strictly prohibited from entering false, and/or invented, and/or fictional data during the registration process required to create their account or when entering the data necessary to execute the order and thus the present contract and related further communications. Therefore, personal data and email must be exclusively the Customer's actual personal data and not those of third parties or fictional entities.
Double registrations corresponding to a single person or entering third-party data are expressly prohibited. Kosmeo reserves the right to legally pursue any violation and abuse in the interest and protection of all Customers.
The Customer indemnifies Kosmeo from any liability arising from issuing incorrect fiscal documents due to errors related to the data provided by the Customer, as the Customer is solely responsible for the correct entry of such data.
7. Responsibility
Kosmeo assumes no responsibility for service disruptions due to force majeure events such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed times.
Kosmeo will not be liable to any party or third party for damages, losses, and costs incurred as a result of the contract's non-fulfilment due to the aforementioned causes, as the Customer will only be entitled to a refund of the price paid.
Regarding the payment methods, Kosmeo is not responsible for any fraudulent or unlawful use that may be made by third parties of credit or debit cards or PayPal during the payment for the Products purchased. Kosmeo, in fact, at no time during the purchase process is able to know the Customer's payment method data, as the Customer, by opening a secure connection, transmits the data directly to the bank service or PayPal service provider.
8. Withdrawal
The Customer has the right to withdraw, as provided by Art. 52 of the Italian Consumer Code, by returning the received Product in its original packaging, without tampering with any warranty seal or simply opening and/or damaging the external packaging, and obtaining a refund of the price paid.
The Customer who, for any reason, has had a change of mind or is not satisfied with the purchase has the right to withdraw from the concluded contract, without any penalty and without specifying the reason, within 10 working days from the day of receipt of the purchased goods.
The right of withdrawal must be exercised within the strict deadline of 14 (fourteen) days from the purchase date through an explicit written declaration in any form (e.g., by sending an email to support_at_kareitaly.com) or by filling out the form provided by Kosmeo, downloadable from the "Withdrawal" section of the Website, and sending it to the email address support_at_kareitaly.com. Kosmeo will then send the Customer an email confirming receipt of the communication.
Following the communication of withdrawal, Kosmeo will, without undue delay and in any event not later than 14 days from receipt of the aforementioned communication, refund the Customer the payment made for the order subject to withdrawal, using the same means of payment used for the initial transaction (e.g., PayPal or credit card), unless the Customer has expressly indicated otherwise.
Kosmeo's chosen method for returning the Products is to arrange a pickup at the consumer's address through a trusted courier at its own expense.
The Customer CANNOT exercise the right of withdrawal if they have communicated their intention to withdraw to Kosmeo beyond the aforementioned 14-day period or in relation to the supply of sealed Products that are unsuitable for return due to hygiene or health protection reasons and have been opened after delivery.
9. Legal Guarantees
Kosmeo is liable for any lack of conformity that becomes apparent within two (2) years from the delivery of the Product. This guarantee is only valid if the Product has been stored according to the instructions provided with the Product or if its expiration date has passed.
For the purposes of these General Terms and Conditions and as provided by the Italian Consumer Code, it is presumed that the Product conforms if it meets the following subjective requirements, where relevant: a) Corresponds to the description, type, quantity, and quality as stated in the contract and possesses the functionality, compatibility, interoperability, and other characteristics as per the sales contract; b) Is suitable for any particular use intended by the Customer, which was made known to the Seller at the latest at the time of the conclusion of the sales contract and which the Seller has accepted; c) Is supplied with all accessories instructions, including installation instructions, as provided by the sales contract; d) Is provided with updates as stipulated by the sales contract.
And the following objective requirements, where relevant: e) Is suitable for the purposes for which goods of the same type are typically used, considering any applicable national legislation and Union law, technical standards or, in the absence of such technical standards, industry-specific codes of conduct; f) Where applicable, possesses the quality and corresponds to the description of a sample or model made available by the Seller to the consumer before the conclusion of the contract; g) Where applicable, is delivered with accessories, including packaging, installation instructions, or other instructions that the consumer can reasonably expect to receive; h) Is of the quantity and possesses the qualities and other characteristics, including durability, functionality, compatibility, and safety, ordinarily present in goods of the same type and that the consumer can reasonably expect, considering the nature of the good and public statements made by or on behalf of the Seller or by other persons in the previous stages of the chain of transactions, including the manufacturer, particularly in advertising or on labelling.
To evaluate all elements related to the product's non-conformity, the Customer must email Kosmeo at support_at_kareitaly.com a completed form available at this link, including a description of the alleged non-conformity, an indication of the disputed Product, proof of purchase from the Website, and one or more digital photographs of the reported issue.
If the Product is not in conformity, the Customer reporting the lack of conformity has the right to request from Kosmeo either the replacement of the Product or, alternatively, the termination of the contract with a corresponding refund of the price.
Any return of the Product, due to a Product delivered damaged and unusable, a Product different from the one ordered, or a Product not conforming to or with different characteristics from the ordered Product, will be carried out directly by Kosmeo, and the costs related to the collection will be entirely borne by Kosmeo.
10. Customer Contact and Requests
Kosmeo provides customer service exclusively via email. The customer support email address is support_at_kareitaly.com. Kosmeo commits to responding as quickly as possible to all communications related to aspects concerning the proposed Products, returns, or withdrawal from a purchase.
Should it be necessary to contact the Customer by phone, Kosmeo will do so at the customer's phone number. The customer will not incur phone charges for such calls.
11. Protection of Personal Data (Privacy)
The personal data managed by Kosmeo are processed in compliance with data protection regulations and according to the methods indicated in the Privacy Policy published on the Website.
12. Applicable Law and Jurisdiction
Any dispute concerning the application, execution, interpretation, and violation of purchase contracts concluded online through this Website is subject to Italian jurisdiction. For matters not provided for in these General Terms and Conditions, the provisions of the Italian Consumer Code and the Civil Code will apply.
For any disputes between the parties regarding the General Terms and Conditions, the exclusive jurisdiction will be the court of the district where the Customer has their residence or domicile, provided it is located within the territory of the Italian State.
Version: March 2024
