Terms and conditions

Object

1. These General Conditions of Sale (hereinafter, General Conditions) have as their object the regulation of the purchase of Products, carried out remotely - via a telematic network - from the Site www.elgoncosmetic.com (hereinafter, the Site).

Salesperson

The owner of the Site is Pidielle S.p.A. with registered office in Bergamina 7 – 20014 Nerviano, telephone no. +39 0331 580166, e-mail address elgon@elgoncosmetic.it VAT number IT 03001250962, R.E.A. MI-1620143

Acceptance of the general conditions of sale

1. All purchases of Products made through the Site by users who access it (hereinafter, the Customers) are governed by these General Conditions, as well as by the Italian Consumer Code (Legislative Decree no. 206/2005) and by the Italian rules on electronic commerce (Legislative Decree 70/2003).
2. With the conclusion of the Purchase Contracts, according to the procedure, the Customer accepts and undertakes to observe these General Conditions.
3. The Customer, therefore, is required to carefully read - before making any purchase - these General Conditions that Pidielle S.p.A. makes available to them, also in order to allow them to reproduce and memorise them in compliance with the provisions of art. 12, paragraph 3 of Legislative Decree 70/2003.
4. Pidielle S.p.A. reserves the right to modify, at any time and without notice, the content of the General Conditions. The General Conditions published on the Site at the time the purchase order is sent by the Customer will apply to each individual Purchase Agreement. The Customer can therefore save a copy in PDF format or keep the order confirmation e-mail to which the conditions are attached.

Products

1. www.elgoncosmetic.com (hereinafter the ‘Site’) is an e-commerce website for cosmetics, haircare beauty products and related accessories in general under the exclusive ELGON brand (hereinafter, ‘Products’).
2. All the Products offered are illustrated in detail on the Site, within the respective sections, divided by Product categories in compliance with the provisions of the Consumer Code.
3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves, with the purpose of presenting them for sale, without any guarantee or commitment, by Elgon S.p.A. regarding the exact correspondence of the image depicted on the Site with the actual Product; and this, with particular regard to the actual dimensions and/or chromatic aspects of the Products and/or packaging.
4. In the event of a difference between the image and the written product data sheet, the description in the product data sheet always prevails.
5. The customer is not permitted to sell or re-sell the purchased products. Pidielle S.p.A. may suspend, revoke or reduce the supply should it deem, at its own discretion, that the Customer may violate the provisions herein.

Purchase procedure

1. The Customer can purchase the Products present in the ELGON electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relevant information sheets contained on the Site, respecting the technical access procedures illustrated therein.
2. Preliminarily, the Customer may proceed with registration on the Site by entering his/her personal details and following the instructions provided for in the registration process; he/she must then complete and send the order form to Pidielle S.p.A. in the electronic format available on the Site, following the instructions provided. Purchase orders must be correctly filled out in their entirety. In the event that the Customer does not want to register on the Site, he/she will be able, in any case, to complete the purchase procedure but will not be able to check the progress of orders and take advantage of discounts and promotions.
3. The Customer must add the selected Products to their ‘Shopping Cart’ and, after choosing from the shipping options and accepting the delivery costs, can proceed with their purchase.
4. If the Customer needs to modify their purchase order or change any data contained therein, he/she is required to follow the appropriate modification procedure contained on the Site. In particular, the Customer will have the right to modify the quantity of the Products he/she intends to purchase, by adding or deleting one or more Products from the Shopping Cart.
5. Once this operation has been completed, the Customer will see a screen containing a summary of the purchase order, including delivery costs, with the request for additional confirmation of the purchase procedure.
6. Subsequently, upon viewing the summary, the Customer must select the type of payment desired, i.e. PayPal, Shopify payments, or - if available - via Gift Card, and send the order by clicking on the appropriate button.

Conclusion of the contract

1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions.
2. Each Purchase Agreement stipulated between Pidielle S.p.A. and the Customer must be considered concluded with the sending by Pidielle S.p.A. of the acceptance of the order to the Customer's e-mail address. This confirmation message will indicate an ‘Order Number’, to be used in any subsequent communication with Pidielle S.p.A. The message will provide - in addition to the information required by law - all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections. Possible increases in costs caused by errors in the data not being reported promptly, will be the sole responsibility of the Customer.
3. Each order can be viewed by the Customer on the Site, in his/her personal area, if he/she is registered, or by contacting the Pidielle S.p.A. Customer Service department immediately after completing the order.
4. It is possible that occasional unavailability of the Products offered may occur: in this case, if the Products chosen by the Customer are not, in whole or in part, available, the Customer Service department will contact the Customer by e-mail and the latter may decide to cancel the order, wait for the Product(s) to become available again or receive only the Products available; in the latter case, partial execution of the order will be carried out, committing Pidielle S.p.A. to ship the missing products at its own expense.
5. Pidielle S.p.A. reserves the right not to accept purchase proposals and cancel orders that do not give sufficient guarantees of solvency if - following contact with the system that manages credit card payments - anomalies are found in the transactions and means of payment used by the Customer; in this case, the Customer will be promptly notified by e-mail.

Product prices

1. All Product prices are clearly indicated on the Site in accordance with art. 13 and in compliance with the Consumer Code. All Product prices are inclusive of VAT. Delivery costs are adequately represented at the time the order is placed. The cost of each shipment may vary according to the method of delivery and payment, as well as the destination and the total amount the order comes to.

Invoicing and payment methods

1. Pidielle S.p.A. issues a receipt, or invoice if requested, for the Products purchased when they are delivered to the courier for shipment, sending this by e-mail to the Customer. For the issuing of the invoice, the information provided by the Customer is valid. No data changes will be possible after the invoice has been issued.
2. As better detailed below in the relevant points, payments via PayPal only require an authorisation or a reservation of the money without actual charge when the Customer places the order. The payment is therefore actually charged to the Customer only when the Products are delivered to the courier responsible for shipping. In this phase, Pidielle S.p.A. will also issue the invoice relevant to the order.
3. The payment of the purchased Products is made via PayPal, Shopify payments, or - if available - Gift Card according to the methods specified below:

PayPal

Once the order has been completed and PayPal has been chosen as the payment method, the buyer will be re-directed to the PayPal Site, where he/she can access his/her account by entering his/her personal e-mail address and password. By choosing to pay with PayPal, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard, American Express) or pre-paid card (PostePay) assigned. PayPal protects the buyer's information as no financial information is passed on. A confirmation e-mail from PayPal will be sent for each transaction completed with this method. It should be noted that the amount of the order is charged to the PayPal account when the courier takes charge of the order. When placing the order on the Site, an authorisation request will simply be made to check availability on the Customer's PayPal account, without any charge. In case of cancellation of the order, the amount will be refunded to the Customer's PayPal account.

Gift card

The Customer can use a ‘Gift Card’ for payment, selecting Gift Card as the payment method in the shopping cart and (after choosing the shipping method) by entering the number under the Barcode and Security Code.

Shopify Payments 

If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify Payments, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent securely via the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. This data is even inaccessible to the Seller.

Pidielle S.p.A. is not responsible for the delay and/or failure to deliver the Products if the issuer of the credit card used by the Customer refuses or does not authorise the charge.

Delivery methods and costs

1. Pidielle S.p.A. undertakes to deliver the goods without undue delay and, in any case, no later than thirty days from the conclusion of the contract. The delivery of the Products will be made via courier, and the times will vary according to the destination. The terms indicated at the time of the purchase order are nonetheless indicative.
2. Pidielle S.p.A. delivers in Italy, and delivery will take place without an appointment.
3. No responsibility, for any reason, can be charged by the Customer to Pidielle S.p.A. in case of delay in the order fulfilment or in the delivery of the Products covered by the Purchase Contracts.
4. The ordered Products will be sent to the postal address specified by the Customer.
5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays in the manner indicated by the courier. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a notice and will attempt a new delivery according to the methods established by them. If it is impossible to re-attempt delivery due to the absence of the recipient, the Customer Service department will attempt to contact the Customer to schedule a further delivery. In the event that the Customer Service department fails to contact the Customer in the next 10 days or in the event of further impossibility of delivery due to the absence of the recipient, the Products covered by the order will be returned to Pidielle S.p.A. The Customer will have the right for one year starting from the date of the order, to obtain a bonus equal to the value of the order, net of shipping costs to be spent on the Site.
6. Upon delivery of the Products by the courier appointed by Pidielle S.p.A., the Customer is required to scrupulously check:
   a) That the packaging is intact and not damaged, or otherwise altered.
   b) That the number of pieces delivered corresponds to what is indicated in the transport document.
7. Any damage to the packaging and Products or the mismatch in the number of pieces/packages or indications must be immediately contested by the Customer, who may contact Pidielle S.p.A. through the Customer Service department, specifying the order for which such errors occurred.
8. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or inevitable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the delivery cost charged to Pidielle S.p.A. will give it the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, Pidielle S.p.A. will be responsible for providing timely and adequate communication of its decisions to the e-mail address indicated by the Customer, and the latter will have the right to a refund of any price already paid, excluding any further claims, for any reason, against Pidielle S.p.A.

Discount Coupons – Promotions

1. Eventual discount coupons or promotional codes can be entered when the Customer completes the purchase order. The system will update the total amount of the order, net of the value of the voucher.
2. The discount coupon can be combined with other commercial initiatives only in cases where it will be expressly indicated.

Right of withdrawal

RIGHT OF WITHDRAWAL: Should the customer not be satisfied with the product or if products have been sent that do not comply with the order, the customer has the right to withdraw from the contract without specifying the reason within 14 days from receipt of the products. The right of withdrawal can only be exercised by the person who made the purchase (the invoice holder), not by other people who may have received the delivery.
The return of the items ordered is subject to the acceptance of the product by Pidielle S.p.A. located in Parabiago. To return an item, please contact our customer service department and provide the following information:

• First name
• Last name
• Order reference number

Please then send the product to Pidielle S.p.A. in Parabiago. The shipping address is as follows:

Pidielle S.p.A. 
Via Crispi, 17, Parabiago
20015 - Parabiago (MI)

Returns of items purchased will not be accepted unless the above procedure has been followed. We recommend sending the package containing the returned products by registered mail with a returns receipt.

Ibi assumes no responsibility for returned products.

CONDITIONS FOR ACCEPTING RETURNS : In order to accept the return, we must first ensure that the product has not been used or damaged in any way. Returned products must be shipped within 14 days from the date of delivery of the order, in their original packaging or, if this is damaged, in packaging of equivalent size and strength. We will refund the items returned only if all these conditions are met. Transportation and handling costs will not be reimbursed.
RETURN SHIPPING COSTS : In the event that you intend to withdraw from a purchase, the shipping costs for returning the product are borne by Pidielle S.p.A. Even in the event that a product is returned due to a request for definitive return, replacement or exchange because it does not comply with what is requested or due to intrinsic defects (always relating to unused products), the return costs shall be charged to the Customer. Once we have verified the nature of the return and accepted the claim, the costs of returning the product shall be borne by Pidielle S.p.A.
CREDITING THE REFUND : After we have received the return and checked that all the requirements have been met, we will send an acceptance confirmation e-mail to the Customer. We will then re-credit the amount paid on the credit card used by the Customer to pay for the products. For credit card purchases, the time it takes for the refund to show up in your account will depend on your credit company. The value date of the re-credit will, in any case, be the same as the debit date.

Non-conformity of products and defective products

1. The Products offered on the Site comply with national and community legislation. The images and colors of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used for their display.
2. In case of lack of conformity of the Products purchased with respect to the description published on the Site, and in the case of a faulty or defective Product, the Customer has the right to immediate reimbursement for the non-conforming goods, after sending an e-mail to elgon@elgoncosmetic.it, including any photographs highlighting the damage or non-conformity of the Product.
3. Communication from the staff at Pidielle S.p.A. will follow, with the indication of the reimbursement method which could take place, at the discretion of the Customer, also through discount vouchers on the next purchase exceeding the value of the goods to be reimbursed, excluding any further liability of Pidielle S.p.A. in any form.
4. In any case, the relevant provisions are reserved regarding the legal guarantee of conformity of goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135).

Communications and complaints

1. All communications or any eventual complaints by the Customer towards I.B.I. S.r.l. in relation to the Purchase Contracts, must be communicated exclusively by e-mail to the following address: elgon@elgoncosmetic.it 

Intellectual property rights

1. All trademarks (registered and unregistered), as well as any and all intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and, more generally, any other intangible asset protected by the laws and international conventions relating to intellectual property and industrial property reproduced on the Site, remain the exclusive property of Pidielle S.p.A. and/or its assignors, without the Customer having any rights over them from accessing the Site and/or entering into a Purchase Contract. Any use, even partial, of the same is prohibited without the prior written authorisation of Pidielle S.p.A., in favour of which all related rights are exclusively reserved.

Applicable law and competent court

1. These General Conditions and any and all contracts stipulated with the Customer are governed by Italian law, without prejudice to the application of Community legislation and international treaties, when applicable, as well as the national legislation for the protection of consumers.