6.9 The CUSTOMER fully acknowledges and accepts that the delivery times of the PRODUCTS are merely indicative, depending on the activities of third parties, over which the COMPANY has no control. Furthermore, especially in relation to deliveries to specific destinations, the timing may vary, also due to any checks carried out by the relevant Authorities. In this regard, the CUSTOMER expressly declares that, if such situations were to occur, they will not hold the COMPANY responsible for delays or any prejudicial consequences that may arise from non-delivery or late delivery.
6.10 The CUSTOMER fully acknowledges and accepts that the results of their own SYSTEM's computer system, the COMPANY's SYSTEM, or that of third parties, or other similar documentation attesting to specific conduct carried out by the CUSTOMER themselves, relevant to the determination of the content of the CONTRACT or in any case related to it, may be used as evidence in favor of the COMPANY.
6.11 The CUSTOMER undertakes to provide a correct, valid, and functioning email address during the REGISTRATION process - which will be subject to verification - of their own competence or in any case under their control, and undertakes to keep this information updated and to promptly notify the COMPANY of any changes. The CUSTOMER hereby authorizes the COMPANY to send any communications related to the execution of the CONTRACT to this email address. The CUSTOMER acknowledges and accepts that the COMPANY will have correctly fulfilled its obligations when it has sent communications to the aforementioned email address.
6.12 The CUSTOMER undertakes to provide a correct physical address to which the PRODUCTS should be delivered, of their own competence or in any case under their control. They undertake to keep this information updated and to promptly notify the COMPANY of any changes. They authorize the COMPANY to send the PRODUCTS subject to the ORDER to this address. The CUSTOMER acknowledges and accepts that the COMPANY will have correctly fulfilled its obligations when it has sent the PRODUCTS to the aforementioned address and cannot hold the COMPANY responsible for any consequences that may occur to the CUSTOMER related to the use of such references.
6.13 The CUSTOMER undertakes to use the PRODUCTS exclusively for lawful purposes, with specific exclusion of any use, even partial or indirect, related to business, professional, or artisan activities.
6.14 The CUSTOMER will use the PRODUCTS independently, based on their own experience and under their own control and exclusive responsibility, considering the information provided by the COMPANY as merely informative and lacking specific character in relation to the individual purchase. The CUSTOMER is fully responsible for such use, including towards property and third parties, animals, and the environment. The CUSTOMER, in particular, will prevent the PRODUCTS from being used by individuals who do not have sufficient experience, are minors, or have health characteristics that may be even minimally incompatible or endangered by their use, inhalation, or contact.
6.15 ALSO, EVEN THOUGH THE PRODUCTS ARE CONSIDERED SAFE, ACCORDING TO THE CURRENT REGULATIONS, INCLUDING REGARDING HEALTH, THE CUSTOMER MUST EXERCISE EVERY CAUTION AND PRECAUTION UNDER THEIR EXCLUSIVE RESPONSIBILITY IN RELATION TO THE PURCHASE AND USE OF THE PRODUCTS, EVEN BY THIRD PARTIES OR MINORS.
6.16 Upon receipt of the package, the CUSTOMER must check its condition and integrity and, in case of dispute (e.g., regarding the integrity of the packaging), must raise a formal written complaint to the carrier, promptly notifying the COMPANY within the essential period of 2 (two) days from delivery.
6.17 In the absence of timely objections from the CUSTOMER, any defects, tampering, or flaws found in the PRODUCTS contained in the packaging cannot be contested against the COMPANY. Furthermore, the COMPANY reserves the right to hold the CUSTOMER responsible for any detrimental consequences resulting from a failure to contest promptly.
6.18 The CUSTOMER acknowledges and accepts, hereby authorizing the COMPANY, that in the event of exercising the right of withdrawal, the COMPANY reserves the right to withhold the amounts to be refunded until it has received the returned PRODUCTS and after 3 (three) working days necessary to verify the integrity as provided for in article 21.6. In this regard, in the event that the COMPANY deems that the packaging or the content is not intact as provided for in article 21.6, the CONSUMER also acknowledges and accepts that the amount paid may be withheld by the COMPANY as an advance payment for the greater damage suffered.
6.19 Any use, even partial, direct or indirect, of the PRODUCTS purchased in relation to professional/business activities, as well as commercialization, in any form and with any means, including free of charge, is expressly prohibited.
ART.7 - OBLIGATIONS, DECLARATIONS, AND RESPONSIBILITIES OF THE COMPANY
7.1 The COMPANY undertakes to execute the CONTRACT in accordance with the principles of good faith, fairness, and correctness.
7.2 The COMPANY undertakes to keep updated the information referred to in articles 8.1, 9.1, and 12.1.
7.3 In the event that the CUSTOMER exercises the right of withdrawal as provided for in article 19, the COMPANY will refund the amounts paid by the CUSTOMER, in compliance with and according to the methods provided for in the T&C, without prejudice to the right referred to in article 6.18.
7.4 The COMPANY undertakes to promptly communicate any event or circumstance that may compromise or delay delivery, as soon as it becomes aware of it.
7.5 The COMPANY's liability is waived in cases where it has carried out conduct based on the declarations/information/data provided by the CUSTOMER.
7.6 Subject to any actions against the carrier, the COMPANY shall not be held liable for damages occurring during shipments, thefts, losses of the shipped goods, or delays in delivery.
7.7 No responsibility shall be attributed to the COMPANY or its successors, even partially or indirectly, for any consequences of any nature that may arise for the CUSTOMER, goods, animals, environment, or third parties from improper, inadequate, imprudent, superficial, or non-diligent use of the PRODUCTS by the CUSTOMER or third parties.
ART.8 - MANDATORY INFORMATION UNDER LEGISLATIVE DECREE 70/2003, ON ELECTRONIC COMMERCE
8.1 With specific reference to the mandatory general information, pursuant to art. 7 Legislative Decree 09.04.2003, no. 70, the COMPANY, in its capacity as the "Provider" of the information society service provided through the WEBSITE, provides the following information.
|
|
Denomination / Company Name |
Formulator Sample Shop S.r.l. |
Registered Office |
Milan (MI) (20146), Via San Maurilio, No. 13 |
Contact Details for Rapid Contact with the Provider and for Direct and Effective Communication with it, including email address |
Phone: +39 02 90278641
Fax: +39 02 90360718
Email: info@formulatorsampleshop.eu
PEC: formulatorsampleshop@pec.it |
Registration Number in the Register of Economic Activities (REA) |
MI - 2125170 |
VAT Number |
(IT) 09966700966 |
Tax Code |
09966700966 |
Clear and Unambiguous Indication of Prices and Fees for Various Information Society Services Provided by the Company, Highlighting Whether They Include Taxes, Delivery Costs, and Other Additional Elements to Specify |
The total price, taxes included, of each PRODUCT is indicated in its respective SHEET.
Any applicable taxes, in case of exemption, are automatically separated and indicated where the PRODUCT is added to the CART.
Delivery costs are indicated both within the CART viewing page and in the CHECK OUT page and vary depending on the destination, total weight of the PRODUCTS, and requested delivery times.
In any case, the delivery costs applicable in concrete for each transaction are expressly indicated before the ORDER is sent.
Delivery costs - are borne by the CONSUMER, except for cases in which the COMPANY has expressly and previously agreed to bear them (e.g., in case of promotions or discounts). |
Indication of Activities Allowed to the CONSUMER |
The CONSUMER may exercise the right of withdrawal, if the conditions are met, within the terms and according to the procedures indicated by art. 19 et seq.
In case of exercise of the right of withdrawal, the PRODUCTS must be returned using the same method chosen for delivery. The related costs will be borne exclusively by the CONSUMER. |
ART.9 - PRE-CONTRACTUAL INFORMATION PURSUANT TO ARTICLE 49, PARA. 1 OF LEGISLATIVE DECREE NO. 206/2005 (CONSUMER CODE)
9.1
With specific reference to pre-contractual information for the CONSUMER, pursuant to Article 49, para. 1 of Legislative Decree 06.09.2005, no. 206, the COMPANY, in its capacity as a "Professional" acting in the exercise of its commercial and entrepreneurial activity, through the WEBSITE, provides the following information to the CUSTOMER (CONSUMER).
Category |
Information |
Main characteristics of goods or services |
For each PRODUCT, there is a card containing a specific description based on general items and characteristics specific to the category to which the PRODUCT belongs. |
Identity of the professional |
Formulator Sample Shop S.r.l. |
Professional contact methods |
Address: Milan (MI) (20146), Via Washington 83
Phone: +39 02 90278641
Fax: +39 02 90360718
Email / PEC: info@formulatorsampleshop.eu / formulatorsampleshop@pec.it |
Complaints office (if different from above) |
Physical address: Milan (MI) (20146), Via San Maurilio, n. 13
PEC: formulatorsampleshop@pec.it |
Total price of goods or services |
The total price, including taxes, of each PRODUCT is indicated on its respective SHEET. Any applicable taxes, if exempt, are automatically deducted and indicated where the PRODUCT is included in the CART. Delivery costs are indicated both within the CART viewing page and the CHECK OUT page and vary depending on the destination, required delivery times, and chosen carrier. In any case, the delivery costs applicable to each transaction are expressly indicated before the ORDER is placed. Delivery costs are borne by the CONSUMER, except in cases where the COMPANY has expressly and previously agreed to bear them (e.g., in the case of promotions or discounts). |
Payment methods |
The payment methods accepted by the COMPANY are indicated in article 16. |
Delivery and execution methods |
The delivery and execution methods, the date by which the COMPANY undertakes to deliver the goods are generally indicated on the CART viewing page and vary depending on the destination, also in relation to the entity to which the charges are placed. In any case, the delivery times indicated before the Order is placed, as predictable as they may be, are to be considered purely indicative. |
Complaint management policy |
The COMPANY's complaints management policy is indicated in article 27. |
Information on out-of-court complaint and redress mechanisms to which the professional is subject and conditions for access |
ODR PLATFORM, accessible at the following link: http://ec.europa.eu/consumers/odr/ |
**ART.10 - INFORMATION REGARDING THE RIGHT OF WITHDRAWAL PURSUANT TO ART. 49, para. 1 lett. h), i), l), m) OF LEGISLATIVE DECREE 206/2005**
10.1 In accordance with Article 49, para. 1 of Legislative Decree 206/2005, the PROFESSIONAL provides the CONSUMER with the following information regarding the right of withdrawal.
10.2 The right of withdrawal provided for in Article 19 must be exercised in accordance with Article 20.
10.3 In the event of the correct exercise of the right of withdrawal, the PROFESSIONAL is subject to the obligations provided for in Article 21.
10.4 In the event of the correct exercise of the right of withdrawal, the CONSUMER is subject to the obligations provided for in Article 22.
10.5 Exemptions from the possibility of exercising the right of withdrawal are provided for, as provided for in Article 23.
ART.11 - CONCLUSION PROCEDURE**
11.1 Through the CONCLUSION PROCEDURE, the CUSTOMER, after completing the CHECKOUT procedure, will conclude the CONTRACT with the COMPANY for the purchase of the PRODUCTS selected in the CART.
11.2 In order to carry out the CONCLUSION PROCEDURE, it is necessary to have previously completed the REGISTRATION PROCEDURE. The two procedures can also be completed at separate times.
11.3 The CONCLUSION PROCEDURE is accessible exclusively in the RESERVED AREA, following LOGIN.
11.4 The CONCLUSION PROCEDURE consists of the following activities:
i.Verification of the selected PRODUCTS (by type, quantity, number of packages, etc.) and inserted into the CART following the CHECKOUT PROCEDURE,
ii.Selection of the payment method,
iii.Verification of the billing and shipping data indicated in the CONCLUSION FORM,
iv.Review and acceptance of the PRIVACY POLICY, by ticking the appropriate box,
v.Review and acceptance of the General Terms and Conditions (GTC), by ticking the appropriate box,
vi.Review and acceptance of clauses specifically referred to under articles 1341 and 1342 of the Italian Civil Code, by ticking the appropriate box.
11.5 At any time, it is possible to view the contents of the CART through a summary screen, which indicates the selected PRODUCTS, unit price, quantity, and subtotal. From this screen, it is possible to modify the quantity of each selected PRODUCT, delete a selected PRODUCT, and update the subtotal by clicking the "Update Cart" button.
11.6 At any time during the CONCLUSION PROCEDURE and, in any case, before the final submission of the ORDER FORM, the SYSTEM allows modification, correction, deletion, or updating of the PRODUCTS or data entered.
11.7 At the end of the activities indicated in the previous point 11.4, by selecting the relevant button, the SYSTEM will automatically create the ORDER FORM, based on the information voluntarily provided by the CUSTOMER during the previous interaction with the SYSTEM itself.
11.8 The ORDER FORM will contain all the information relevant to the conclusion of the CONTRACT, including, in particular:
i.the list of selected PRODUCTS (with their quantities, number of packages, etc.),
ii.subtotals for each PRODUCT,
iii.taxes, where applicable,
iv.shipping costs and delivery times,
v.the chosen payment method,
vi.billing details.
11.9 At the bottom of the page containing the ORDER FORM, there will be an additional "CHECKOUT" button that must be clicked for the final confirmation of the ORDER FORM and its submission. By selecting this button, the CUSTOMER will be deemed to have verified and definitively accepted all the data contained in the ORDER FORM, and the latter will be sent to the COMPANY, thus representing the manifestation of the CUSTOMER's negotiating will.
11.10 As soon as the ORDER FORM is received, the COMPANY will send a message to the CUSTOMER without undue delay and electronically, confirming receipt of the ORDER. This message will be sent to the email address indicated by the CUSTOMER during the REGISTRATION PROCEDURE.
11.11 The SYSTEM is set up to:
i.verify, as far as possible, the correctness of the data entered,
ii.allow the USER to verify and correct the data entered before submission,
iii.prevent submission in case of:
a)errors or non-completion of mandatory fields,
b)failure to tick the box regarding acceptance of the PRIVACY POLICY,
c)failure to tick the box regarding acceptance of the GTC,
d)
failure to tick the box regarding the referral of clauses specifically referred to under articles 1341 and 1342 of the Italian Civil Code.
ART.12 - INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT, PURSUANT TO ART. 12 LEGISLATIVE DECREE 70/2003**
12.1
With specific reference to the information directed to the conclusion of the contract, pursuant to Article 12 of Legislative Decree 70 dated April 9, 2003, No. 70, the COMPANY, in its capacity as the "Provider," shall provide, in a clear, understandable, and unequivocal manner, before the order is submitted by the recipient of the service, the following information:
Category |
Information |
Specific information obligations regarding the products |
Any specific information obligations are indicated in the sheets of the individual products they refer to. |
Supplier's identity and, in case of contracts involving prepayment, supplier's address |
Formulator Sample S.r.l., Legal address, Milan (MI) 20146, Via Sa Maurilio, n. 13 |
Essential characteristics of the goods |
The essential characteristics of the PRODUCTS are indicated in the Sheet of each of them, accessible while browsing the SITE. |
Price of the goods, including all taxes or duties |
The price of each PRODUCT is indicated on its respective Sheet, including any taxes or duties. The total price is always visible by accessing the CART. The final total price of the order, including any taxes or duties, is indicated in the CONTRACT CONCLUSION Procedure, based on the choices made by the CUSTOMER. |
Delivery charges |
The delivery charges for each order are indicated in the CONTRACT CONCLUSION Procedure, based on the choices made by the CUSTOMER. |
Payment methods, delivery mode |
The payment methods accepted by the PROVIDER as described in article 16 are indicated to the CONSUMER during the CONCLUSION Procedure, to allow for the relevant choice. Delivery methods are described on the CART page. During the CONCLUSION Procedure, by filling in the required fields, the CUSTOMER can make the relevant choice. |
Existence of the right of withdrawal or exclusion thereof |
The existence of the right of withdrawal is governed by article 19. The procedures for exercising the right of withdrawal are indicated in article 20. Cases of exclusion are provided for in article 23. |
Methods and times for returning or withdrawing the goods in case of exercise of the right of withdrawal |
The methods for returning / withdrawing the goods in case of exercise of the right of withdrawal are indicated in article 22. |
Duration of the validity of the offer and the price (if applicable) |
Any validity terms of promotions / discounts / vouchers, etc. are promptly communicated to the recipients, in areas accessible to them and through the tools chosen by them to be informed. |
Indication of the technical steps to be followed for the conclusion of the CONTRACT |
The steps for the conclusion of the CONTRACT are indicated in article 11. |
How the concluded contract will be archived and the related access methods |
The SYSTEM provides for the sending of the order confirmation email. This communication will be accompanied by a link to the text of the T&C and the ORDER FORM. The text of the T&C will be made available in non-modifiable .pdf format even at the end of the CONCLUSION Procedure, with the possibility to download, view, print, and store it. The relevant documentation will in any case be archived by the COMPANY in accordance with the law. At any time and in compliance with the retention periods provided by law, the CONSUMER may request access to it from the COMPANY and have a copy made available, which will be available to the CUSTOMER at the COMPANY's premises. The COMPANY may fulfill the request by sending an electronic copy of the documentation. With reference to different forms of access (e.g., paper copy and/or postal delivery), the COMPANY reserves the right to charge and/or subject, in whole or in part, the fulfillment to the payment of the related costs or a contribution, quantified in a lump sum of €10.00=. |
Technical means made available to the recipient to identify and correct input errors; before submitting the order to the provider |
At any time during browsing aimed at filling the CART and, in any case, before sending the ORDER FORM, it is possible to verify the contents of the CART and proceed with any changes. |
Languages available to conclude the contract other than Italian |
English. Refer to article 31. |
Dispute resolution tools |
In addition to complaint handling as provided for in article 27, any disputes may be managed through the ODR PLATFORM, accessible at the following link: http://ec.europa.eu/consumers/odr/ |
12.2 The GTC proposed to the recipient of the service are made available in such a way that storage, printing, and reproduction are permitted. This is done by providing a specific link to the "General Terms and Conditions of Sale" text, through which it is possible to access the text of the GTC in a non-modifiable ".pdf" format.
ART.13 - INFORMATION REGARDING THE SUBMISSION OF THE ORDER, PURSUANT TO ART. 13 LEGISLATIVE DECREE 70/2003
13.1 With specific reference to the information regarding the submission of the ORDER, pursuant to Article 13 of Legislative Decree 70/2003, together with the confirmation of receipt of the order, the following information will be provided:
i.a summary of the general and specific conditions applicable to the contract (this will be done by attaching a link to the text of the accepted GTC in a non-modifiable .pdf format to the email),
ii.information regarding the essential characteristics of the PRODUCTS and detailed indication of the price, payment methods,
iii.indication of the right of withdrawal provided in the GTC along with the related conditions and methods of exercise, or exclusions,
iv.indication of delivery costs and applicable taxes specified in the ORDER FORM,
v.in case bank transfer has been chosen as the payment method, instructions for making the payment will be provided.
ART.14 - FORMAL REQUIREMENTS OF THE CONTRACT PURSUANT TO ART. 51 LEGISLATIVE DECREE 206/2005
14.1 The informative obligations concerning what is indicated by Article 49, para. 1 Consumer Code are fulfilled in Article 9 GTC.
14.2 The GTC are made available in a non-modifiable .pdf format before the submission of the ORDER FORM through a specific link that allows consultation, saving, and printing.
14.3 Since the CONTRACT is concluded electronically and the CONSUMER is obliged to pay the consideration calculated based on the chosen PRODUCTS, in addition to taxes and shipping costs, the information referred to in Article 49, para. 1, lett. a) and e) are indicated in Article 6.3 GTC and, in any case, in the ORDER FORM, viewable before its final approval and subsequent submission to the COMPANY.
14.4 The payment methods accepted by the COMPANY and the billing methods are indicated in Article 16 GTC.
14.5 Pursuant to Article 51, para. 7 Consumer Code, the COMPANY provides the CONSUMER with confirmation of the CONTRACT by sending a specific email.
ART.15 - ORDER FULFILLMENT, PRODUCT UNAVAILABILITY, SHIPPING AND DELIVERY COSTS**
15.1 Orders will be processed with different timing, depending on the payment method chosen by the CONSUMER, as provided for in Article 16.
15.2 In case the CONSUMER has chosen the methods indicated in point i. of Article 16.2, the order will be processed as soon as the transaction is authorized, resulting in the crediting of the amount due.
15.3 In case the CONSUMER has chosen the methods indicated in point ii. of Article 16.2, regardless of sending a copy of the bank transfer order, the order will be processed as soon as the entire amount is credited to the COMPANY's bank account. In case of partial payment, the order will not be processed until the full payment of the amount due.
15.4 In exceptional cases, regardless of what is indicated in Articles 15.2 and 15.3, it is possible that once the order has been processed, some or all PRODUCTS may not be available in stock.
15.5In such cases, the COMPANY will inform the CUSTOMER, also indicating the indicative shipping times. If this term exceeds 30 (thirty) days from the date of sending the order, the CUSTOMER, without prejudice to the possibility of exercising the right of withdrawal in relation to the entire order in accordance with Articles 19 and following, may withdraw within 14 (fourteen) days from receiving the communication mentioned in the preceding paragraph, limited to the unavailable products, by sending a specific written communication to the COMPANY. The provisions of Articles 19 and following apply, as far as applicable and compatible.
15.6 In case the CUSTOMER promptly exercises the right of withdrawal limited to the unavailable products, the COMPANY reserves the right to:
i.issue a discount voucher in favor of the CUSTOMER equal to the amount spent on the unavailable products, which must be used by the CUSTOMER within 6 (six) months from the date of purchase;
ii.refund the amount paid by the CUSTOMER for the unavailable products unless the CUSTOMER has expressly requested the refund in the communication referred to in Article 15.5, last paragraph.
ART.16 - ACCEPTED PAYMENT METHODS AND INVOICING
16.1 Payments are managed through platforms that ensure the highest security standards (such as Gestpay or similar), protecting against the risk of fraud by using appropriate protocols (e.g., 3D Secure).
16.2 The payment methods accepted by the COMPANY are:
i.credit card, prepaid card, PayPal account,
ii.bank transfer.
16.3 In the case referred to in Article 16.2.i, payment will be managed through the intermediary's platform. The CLIENT's payment data will not be communicated to the COMPANY in any way. Payment will be deemed successful only upon authorization by the intermediary and subsequent actual crediting of the entire amount due.
16.4 In the case referred to in Article 16.2.ii, the CONSUMER must proceed to make the bank transfer, following the instructions that will be contained in the order confirmation email. Once the bank transfer is made and subject to the definitive crediting of the entire amount, the CONSUMER must send a copy of the bank transfer order to the COMPANY, for the purpose of expediting the related administrative operations.
16.5 Simultaneously with the issuance of the shipping documents, the COMPANY will issue the relevant tax document, which will be sent in advance via email in non-modifiable .pdf format, if requested by the CUSTOMER and sent in paper format together with the PRODUCT. In any case, it should be noted that this document must be considered an analog document and, as such, must be printed and retained. This document will serve as proof of purchase for warranty purposes, without prejudice to what is provided by law and the GTC.
If the CUSTOMER is based in Italy, the regulations relating to electronic invoicing will apply.
16.6 Any request for a document indicating VAT or similar value will automatically imply the inapplicability of the GTC, as it must be considered that the purchase was not made for purposes unrelated to business activity.
ART.17 - LEGAL WARRANTY OF CONFORMITY FOR GOODS
17.1 The COMPANY only offers high-quality PRODUCTS for sale.
17.2 The PRODUCTS are supplied by third-party suppliers carefully selected by the COMPANY.
17.3 For each PRODUCT, a Card is provided on the WEBSITE, including a brief description of the main features and a photograph, provided exclusively for advertising purposes and not descriptive, which may therefore not correspond to the exact reality. In the package delivered with the PRODUCT, upon specific request, Cards for each PRODUCT are provided, along with their respective characteristics, instructions for use, storage, precautions, and contraindications.
17.4 The PRODUCTS are subject to legal warranties in the event of sale to consumers, in accordance with the provisions of the CONSUMER CODE (see art. 128 et seq.) and the civil code regarding sales (art. 1490 cc.).
17.5 Legal warranties are subject to the conditions, terms, and assumptions provided by the respective regulations.
17.6 The warranty is subject to full compliance with the prescribed instructions (in terms of purpose, timing, and methods of use and storage), as indicated on the PRODUCT label and possession of the document referred to in art. 16.6.
17.7 In the case of PRODUCTS with expiration dates, the warranty will be provided only if the first use is made before that date.
17.8 In the case of PRODUCTS for which particular storage methods are prescribed, the warranty, even within the expiry period, is subject to the strict and complete maintenance of the packaging in which the PRODUCT is shipped.
ART.18 - AFTER-SALES, COMMERCIAL WARRANTIES
18.1 The COMPANY has activated a post-sales assistance service available through the Contacts provided on the WEBSITE.
18.2 The COMPANY reserves the right to apply additional commercial warranties in addition to those provided in art. 17 and the applicable regulations. Commercial warranties, for their applicability, must be reported or integrated into the relevant contractual documents.
ART.19 - RIGHT OF WITHDRAWAL
19.1 The right of withdrawal – provided for in articles 52 et seq. of the CONSUMER CODE, consists of the possibility granted to the CONSUMER to withdraw from the contract according to the following terms and conditions.
19.2 Subject to what is provided in art. 21, the CLIENT, as a CONSUMER, has a period of 14 (fourteen) days to withdraw from the CONTRACT, without having to provide any justification and without incurring costs other than those provided for in art. 21.3 and art. 22.
19.3 The withdrawal period referred to in art. 19.2 ends after 14 (fourteen) days starting from:
i.the day on which the CONSUMER or a third party, other than the carrier and designated by the CONSUMER, acquires physical possession of the PRODUCTS;
ii.in the case of multiple goods ordered by the CONSUMER in a single order and delivered separately, from the day on which the CONSUMER or a third party, other than the carrier and designated by the CONSUMER, acquires physical possession of the last PRODUCT;
iii.in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the CONSUMER or a third party, other than the carrier and designated by the CONSUMER, acquires physical possession of the last lot or piece.
19.4 For the purpose of determining the relevant moment as provided in art. 19.3, the delivery receipt signed by the CLIENT or the person presumed to be authorized to collect and, in any case, the evidence provided by the carrier's documentation, shall be considered. In the event of non-delivery, the period for exercising the right of withdrawal shall start from the date scheduled for the failed delivery.
19.5 The parties may fulfill their contractual obligations during the withdrawal period.
19.6 The burden of proof regarding the correct (requirements, conditions, etc.) and timely exercise of the right of withdrawal in accordance with legal provisions and the CGV rests with the CONSUMER.
ART.20 - PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
20.1 Before the expiration of the deadline set for exercising the right of withdrawal pursuant to Article 19.2, the CONSUMER informs the PROFESSIONAL of their decision to exercise the right of withdrawal from the contract. For this purpose, the CONSUMER may:
a)use the standard withdrawal form attached to Annex I, Part B of Legislative Decree no. 206/2005, provided at the end of these CGV; or
b)submit any other explicit statement of their decision to withdraw from the CONTRACT, provided it contains the information and attachments specified in the preceding point.
20.2 The communication regarding the exercise of the right of withdrawal is considered validly exercised by the CONSUMER if transmitted before the expiration of the deadline under Article 19.2 and if completed by providing all necessary information.
20.3 The burden of proof regarding the exercise of the right of withdrawal lies with the CONSUMER.
20.4 To exercise the right of withdrawal, it is a necessary and essential condition that the PRODUCT for which the right of withdrawal is intended, along with its original packaging, packaging, and all documentation (e.g., technical, administrative, and commercial) related to the PRODUCT(s) to be returned, remain intact and that the said PRODUCT(s) are not damaged or altered, even minimally. Furthermore, the communication under Article 20.1 must be accompanied by a copy of the ORDER FORM, a copy of the payment receipt, and a copy of the transport document delivered by the carrier.
20.5 The communication under Article 20.1 must be sent by registered mail with return receipt requested to the following address without exception:
FORMULATOR SAMPLE SHOP S.R.L.
Via Petrolo Litta n.9
20008 Bareggio (MI) - Italy
20.6 Alternatively to the above-described method, the CONSUMER may also send the aforementioned communication, within the same deadline, via fax (+39 0290278641) or email (info@formulatorsampleshop.eu) provided that it is confirmed by registered mail with return receipt requested within the following 48 hours.
20.7 Once the communication under Articles 20.5 or 20.6 is received, the COMPANY will provide a RMA number (Return Merchandise Authorization Number) that the Customer must specify as the reason for returning the goods.
20.8 The correct exercise of the right of withdrawal according to this article terminates the obligations of the parties to perform the distance contract. If one or both parties have already fulfilled their obligations, the following provisions must be observed.
20.9
The PRODUCT(S) to be returned must be in perfect condition and must be returned in the original packaging complete in every part. The opening of the packaging, even without use, or any use, even partial or for testing, automatically implies the impossibility of exercising the right of withdrawal.
ART.21 - PROFESSIONAL'S OBLIGATIONS IN CASE OF WITHDRAWAL
21.1 In response to the correct and timely exercise of the right of withdrawal, the PROFESSIONAL refunds all payments received from the CONSUMER, including any delivery costs (if borne by the CONSUMER), without undue delay and in any case within 14 (fourteen) days from the day on which the PROFESSIONAL is informed of the CONSUMER's decision to withdraw from the contract pursuant to Article 20.1, subject to the provisions of Articles 21.6 and 21.7.
21.2 The PROFESSIONAL, after notifying the CONSUMER, shall carry out the refund referred to in Article 21.1 using the same means of payment used by the CONSUMER for the initial transaction.
21.3 The refund does not include the costs related to the return of the PRODUCTS, which are solely borne by the CONSUMER. The PROFESSIONAL is not obliged to reimburse additional costs if the CONSUMER has expressly chosen a type of delivery other than the least expensive type of delivery offered by the PROFESSIONAL.
21.4 The COMPANY cannot be held responsible for any delays in crediting the refund that depend on the payment management system used by the CONSUMER, the bank of one of the parties, or, in any case, for events not attributable to itself.
21.5 Unless it has offered to collect the goods itself, the COMPANY may withhold the refund until it has received the goods or until the CONSUMER has demonstrated that they have returned the goods, depending on which situation occurs first.
21.6 In any case, considering the responsibility imposed on the CONSUMER by the applicable law and these CGV, the COMPANY reserves the right to assess the integrity of what has been returned (packaging and contents) and to take all appropriate measures in the event of any damage. If the packaging and/or contents are found to be damaged, or if the COMPANY finds that the packaging has been opened or the PRODUCT has been used, even in part or for testing, it will inform the CONSUMER accordingly; it will resend the PRODUCTS to the Customer, retaining all or part of the amounts received as an advance for any additional damage and charging the additional costs of the second shipment.
ART.22 - CONSUMER'S OBLIGATIONS IN CASE OF WITHDRAWAL
22.1 Unless the COMPANY has offered to directly collect the goods, the CONSUMER must return the PRODUCT/S or deliver them to the COMPANY or to a third party previously authorized in writing by the COMPANY to receive them, without undue delay and in any case within 14 (fourteen) days from the date on which they communicated their decision to withdraw from the contract pursuant to Article 20. The return must be made using the same method chosen for delivery.
22.2 The deadline is met if the CONSUMER returns the goods before the expiration of the 14 (fourteen) days period as identified above.
22.3 All costs related to the return of the goods are solely and entirely borne by the CONSUMER, unless the COMPANY has previously declared in writing its intention to bear, in whole or in part, the related costs.
22.4 Without prejudice to Article 20.4, the CONSUMER is responsible for any decrease in the value of the goods resulting from the opening of the outer packaging, from handling of the goods other than that necessary to establish the nature, characteristics of the PRODUCT.
22.5 The COMPANY reserves the right to hold the CONSUMER responsible for any damages it may suffer:
a)the content of the packaging, as provided for in Articles 24.9 and 24.10,
b)the content of the packaging in the event of tampering with the packaging or failure to promptly report it, as provided for in Articles 24.10 and 24.11.
22.6 Subject to the provisions of these CGV or based on legal provisions, the exercise of the right of withdrawal does not entail any liability for the CONSUMER.
22.7 In order to avoid incurring the liabilities provided for in this article, upon receipt of the PRODUCT/S, the CONSUMER must take all necessary precautions regarding the opening of the packaging and the subsequent preparation of suitable and adequate packaging, and choose a competent and professional carrier for the return.
22.8 The risk of returning the goods lies with the CONSUMER and in favor of the COMPANY, without prejudice to any action against the carrier. In this regard, the CONSUMER is invited to ensure, at their sole and entire expense, the PRODUCT/S to be returned for a value at least equal to that indicated in the order confirmation email. The choice of the carrier for the return must be made by the CONSUMER, who will be liable to the COMPANY for cases of damage, theft, or loss of the PRODUCTS. If the PRODUCTS have been damaged during transport, the COMPANY will promptly inform the Customer within approximately 2 (two) working days from the date of receipt at the address indicated above, to allow them to file a timely complaint against the courier chosen by them and obtain reimbursement of the value of the goods (if insured). In this case, the PRODUCT/S will be made available to the Customer for their return, and simultaneously the withdrawal request will be canceled, as the COMPANY cannot dispose of the product. The COMPANY reserves the right to charge all or part of the related shipping costs.
22.9 The PRODUCTS to be returned must arrive with all packaging intact.
The shipment must be sent to:
Formulator Sample Shop S.r.l.
Via Petrolo Litta N.9
20146 Bareggio (MI) – ITALY.
ART. 23 - EXEMPTIONS FROM THE RIGHT OF WITHDRAWAL
23.1 The right of withdrawal referred to in Art. 19 is excluded in cases expressly provided by law, to which reference is made. By way of example, the right of withdrawal is excluded in relation to:
i.the supply of goods made to measure or clearly personalized;
ii.the supply of goods that are likely to deteriorate or expire rapidly;
iii.the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and have been unsealed after delivery;
iv. the supply of goods which, after delivery, are inseparably mixed with other goods by their nature.
ART. 24 - DELIVERY AND ACCEPTANCE OF GOODS. FAILURE TO COLLECT AND STORAGE
24.1 The PRODUCTS are sent via the COMPANY's trusted courier, with the methods, timings, and costs described on the CART viewing page.
24.2 Delivery times vary depending on the destination and the chosen method. The shipment (meaning the delivery of the package containing the PRODUCTS to the carrier) will be notified by email to the address provided during registration. The COMPANY will report the information provided by the carrier in the Customer's Reserved Area in relation to each ORDER.
24.3 Delivery costs vary depending on the destination, chosen method, timing (where possible), and the weight of the package.
24.4 Unless otherwise indicated by the COMPANY before the conclusion of the CONTRACT, transportation costs are charged according to the shipping rates in effect at the time of the ORDER, as published on the CART viewing page.
24.5 For all purposes, delivery is considered completed when the PRODUCTS are made available to the CLIENT at the address provided during registration.
24.6 If it was not possible to deliver the PRODUCTS, for reasons not attributable to the carrier or the COMPANY, the package will be held by the courier for a period of 3 (three) working days. The carrier will immediately notify the COMPANY of the failed delivery, leaving the CLIENT, as much as possible, information on the possibilities, methods, and timing for collection. The COMPANY may further notify the CLIENT – to the email address provided during registration – that the delivery was unsuccessful and that the package is available for collection at the courier's warehouses, providing the relevant instructions, timings, methods, and terms for collection. The CLIENT must promptly arrange to collect the PRODUCTS at their own expense, respecting the indicated timings and methods. The package will remain available to the CLIENT free of charge at the courier's warehouses for the aforementioned 3 (three) days from the notified failed delivery. If this period expires without collection, the package will be returned to the COMPANY, which will settle the charges with the courier, assess the condition of the goods, especially perishable items, and notify the CLIENT by email. In this case, the CONTRACT will be considered automatically terminated due to the CLIENT's fault.
24.7 The COMPANY will then refund the amount paid by the CLIENT, net of any charges incurred as provided in Art. 24.6, without prejudice to the right to claim damages. The amount will be refunded, as far as possible, within 30 (thirty) working days from the communication referred to in Art. 24.6, last paragraph.
24.8 Without prejudice to the right to claim greater damages, in the case provided in Art. 24.6, the COMPANY reserves the right to apply a penalty to the CLIENT, equal to 25% (twenty-five percent) of the remaining amount, up to a maximum of Euro 30.00 (thirty/00) as reimbursement for handling costs. The penalty will be automatically deducted from the amount to be refunded as provided in Art. 24.7.
24.9 Upon receipt of the package from the carrier, the CLIENT – or the person possibly authorized by them – must immediately check the condition of the packaging and its integrity. If any damages or other situations that require a complaint are found, to allow the COMPANY to assert its rights against the carrier, a formal and specific written complaint must be immediately raised with the carrier and signed, and timely written communication must be sent to the COMPANY via PEC or registered mail within the essential term of 2 (two) days from delivery. The complaint must include references to the ORDER and a description of the complaint's subject. In the communication to the COMPANY, the CLIENT must also provide references to the ORDER FORM and the payment document, attaching copies of the relevant documents and a photo of the packaging.
24.10 If the provisions of Art. 23.9 are not complied with, the CLIENT cannot contest with the COMPANY the subject of the complaint or any defects, tampering, or damages found on the PRODUCTS contained in the packaging or on the packaging itself. Furthermore, the COMPANY reserves the right to hold the CLIENT fully responsible for any detrimental consequences resulting from the inability to contest the damages with the carrier due to the CLIENT's failure to timely and correctly raise the complaint as provided in Art. 23.9.
24.11
If, upon opening the packaging, the CLIENT finds accidental damage to the packaging containing the PRODUCTS, they must promptly notify the COMPANY and in any case within the essential term of 2 (two) days from delivery, via email to:
info@formulatorsampleshop.eu, providing:
i.order references and the tax document confirming payment,
ii.the code of the PRODUCT contained in the damaged packaging,
iii.a brief description of the detected damage, attaching photos of the packaging and PRODUCTS.
24.12
The COMPANY will contact the CLIENT to resolve the matter. Late-reported complaints will not be accepted.
ART. 25 - ERRORS IN DELIVERY – DAMAGED GOODS
25.1 Without prejudice to the provisions regarding the right of withdrawal, if the CLIENT, upon opening the package, finds that the contents of the package do not fully or partially correspond (in terms of product type, number of packages, or quantity) to the order, they must immediately notify the COMPANY within 48 (forty-eight) hours following delivery by sending an email to: info@formulatorsampleshop.eu, providing:
i. references to the ORDER FORM and the document proving payment,
ii. the code of the incorrect PRODUCTS shown on the product label and the respective quantity,
iii. the code of the missing PRODUCTS shown on the Receipt and the respective quantity,
iv. a brief description of the delivery error,
v. photos of the PRODUCT(S).
25.2 Upon receiving the communication referred to in Art. 25.1, the COMPANY may confirm the issue to the CLIENT.
25.3 In the case of non-delivery of the PRODUCTS specified in the order, the COMPANY reserves the right, depending on the circumstances, to:
i. issue a discount voucher to the CLIENT equal to the amount spent, which must be used by the CLIENT within 6 (six) months from the date of purchase,
ii. refund the amount paid by the CLIENT,
iii. subject to any verifications, proceed with sending the missing goods unless the CLIENT has expressly requested a refund in the communication referred to in Art. 25.1.
25.4 In the case of delivery of incorrect PRODUCTS, the COMPANY reserves the right, depending on the circumstances, to:
i. retrieve the PRODUCT(S) at its own expense, according to the methods and timings indicated to the CLIENT, while simultaneously delivering the ordered items,
ii. retrieve the PRODUCT(S) at its own expense, according to the methods and timings indicated to the CLIENT, and refund the amount paid by the CLIENT unless the CLIENT has expressly requested a refund in the communication referred to in Art. 25.1.
25.5 The COMPANY will not accept complaints sent beyond the specified term or lacking the information as indicated in Art. 25.1.
25.6 Any refunds will be made using the same payment methods used by the CLIENT, where possible, or other forms deemed appropriate by the COMPANY. Refunds will be made within approximately 30 (thirty) working days from the receipt of the request referred to in Art. 25.1. The COMPANY cannot be held responsible for any delays not attributable to it regarding the crediting of refunds.
ART. 26 - LIABILITY
26.1 The COMPANY can never be held responsible for any consequences suffered by the CLIENT or third parties due to the total or partial non-performance by third parties (e.g., the manufacturers or suppliers of the PRODUCTS) or the cancellation of orders placed by the CLIENT.
26.2 The COMPANY can never be held liable for damages to the CLIENT, third parties, animals, or things belonging to the CLIENT or third parties, caused by the use of the PRODUCTS, or their improper use (reckless, non-compliant, or negligent).
26.3 The CLIENT must strictly observe the instructions provided on the packaging, leaflets, technical data sheets, and safety sheets, paying particular attention to safety standards, storage instructions, product expiration dates, and the diligence and competence required for the use of the PRODUCTS.
26.4 Without prejudice to the CLIENT's duty to inform themselves and their competence and experience, if in doubt about how to use or store the product, they should immediately contact customer service via phone (+39 02 90278641) or email (info@FormulatorSampleShop.eu).
26.5 Subject to the possible application of mandatory rules, with regard to fulfilled orders, the COMPANY's liability ends at the moment of delivery of the goods in the order to the carrier.
26.6 It is the CLIENT's responsibility to collect the goods as soon as possible. The CLIENT assumes all responsibility for providing incorrect, insufficient, or unobserved delivery instructions. In the case of theft, loss, or damage to the goods due to the CLIENT's proven non-compliance, they will assume full responsibility towards the COMPANY.
ART. 27 - COMPLAINTS
27.1 Without prejudice to what is provided in the General Conditions of Sale (CGV), if the CLIENT wishes to file a complaint or needs assistance, they should write directly to the COMPANY using the contact details provided on the "Contact" page of the WEBSITE.
27.2 The COMPANY will acknowledge receipt of the complaint, confirm it to the CLIENT, and take steps to resolve it as soon as possible.
27.3 The possibility of filing a complaint and managing it does not automatically imply any liability or obligation on the part of the COMPANY, nor does it negate any specific rules provided by the applicable legal system that impose on the CONSUMER certain methods and timing to assert any potential liability of the COMPANY.
ART. 28 - PROCESSING OF PERSONAL DATA
28.1 The personal data collected at the conclusion of the CONTRACT will be processed by the COMPANY, in its capacity as the CONTROLLER, in compliance with the regulations on personal data processing.
28.2 The CONTROLLER provides information pursuant to Article 13 of the GDPR (EU Regulation 679/2016) regarding the processing of data collected at the conclusion of the CONTRACT, through a specific document made available to the Data Subject before submitting the ORDER FORM. The review and acceptance of the PRIVACY NOTICE are represented by the conclusive behavior of selecting the specific checkbox.
28.3 If necessary, considering the purpose, the Data Subject's consent will be collected through appropriate forms. The manifestation of consent is represented by the conclusive behavior of selecting the specific checkbox related to consent, where provided.
28.4 The SYSTEM is configured to prevent the submission of the ORDER FORM without selecting the appropriate checkbox acknowledging the PRIVACY NOTICE.
ART. 29 - ALTERNATIVE DISPUTE RESOLUTION METHODS FOR EU RESIDENT CONSUMERS
29.1 In the event of disputes regarding the interpretation, application, and execution of the GCS involving a consumer residing in the EU, the COMPANY, in compliance with applicable regulations, provides the CLIENT with the following information about the ODR PLATFORM, an alternative dispute resolution tool established by the European Commission.
29.2 The ODR PLATFORM is accessible at the following link: [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/).
29.3 The COMPANY is available to answer any questions the CLIENT may have in this regard. Questions should be sent to the following email address: info@formulatorsampleshop.eu.
29.4 Handling the question and its response does not imply any liability on the part of the COMPANY and does not prejudice the CLIENT's rights.
29.5 The possibility of using the tool referred to in Article 29.2 does not prejudice the option of taking the matter to the Ordinary Judicial Authority.
ART. 30 - APPLICABLE LAW, JURISDICTION, AND COMPETENT COURT
30.1 The GCS are governed by Italian law, subject to the application of a different law, such as the law of the CONSUMER (non-Italian) exclusively concerning non-derogable or mandatory rules.
30.2 After attempting or failing to resolve the dispute through conciliation as per Article 29, any dispute regarding the interpretation, application, and execution of these GCS:
i. will be submitted to the Italian judicial authority with exclusive competence of the court of the CONSUMER's residence or domicile, if residing in Italy, or
ii. will be submitted to the competent judicial authority before the court possibly competent in consideration of the (non-Italian) CONSUMER's status, applying non-derogable or mandatory rules.
30.3 Exclusively if the CLIENT resides in a non-EU country, any dispute regarding the interpretation, application, and execution of the GCS will be resolved exclusively through the ODR PLATFORM referred to in Article 29.2.
ART. 31 - LANGUAGE
31.1 The official language of the GCS is Italian.
31.2 The COMPANY reserves the right to provide the GCS, online documentation, and any other information related to the GCS and the PRODUCTS in English or other languages.
31.3 In case of conflict, the Italian version will prevail over any other that might be adopted.
ART. 32 - AMENDMENTS AND UPDATES
32.1 The COMPANY reserves the right to modify the GCS by publishing the new version on the SITE. It is the CONSUMER's responsibility to frequently review the SITE to identify any updates to the published documentation.
32.2 The new GCS will apply to ORDERS submitted after the publication date.
Version published on 23/10/2017
Last updated on 31/05/2024
ART. 1341 and 1342 of the Civil Code
In relation to the General Terms and Conditions of Business to Consumer Sales, pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the following clauses are specifically highlighted and approved in writing:
- REGISTRATION PROCEDURE (4.4, 4.5, 4.7, 4.8)
- CONTRACT CONCLUSION METHODS (5.2, 5.5, 5.6)
- CLIENT'S OBLIGATIONS, STATEMENTS, RESPONSIBILITIES, AND RIGHTS (6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18)
- COMPANY'S OBLIGATIONS, STATEMENTS, RESPONSIBILITIES, AND RIGHTS (7.5, 7.6, 7.7)
- CONCLUSION PROCEDURE (11.3, 11.4, 11.10, 11.13)
- ORDER FULFILLMENT, PRODUCT UNAVAILABILITY, SHIPPING, AND DELIVERY COSTS (15.1, 15.2, 15.3, 15.4, 15.5, 15.6)
- ACCEPTED PAYMENT METHODS AND INVOICING METHODS (16.3, 16.4, 16.5)
- LEGAL CONFORMITY WARRANTY FOR GOODS (17.3, 17.4, 17.5, 17.6, 17.7, 17.8)
- AFTER-SALES, COMMERCIAL WARRANTIES (18.2)
- METHODS OF EXERCISING THE RIGHT OF WITHDRAWAL (20.1, 20.2, 20.3, 20.4, 20.5, 20.7, 20.10)
- COMPANY'S OBLIGATIONS IN CASE OF WITHDRAWAL (21.3, 21.4, 21.5, 21.6)
- CLIENT'S OBLIGATIONS IN CASE OF WITHDRAWAL (22.3, 22.4, 22.5, 22.7, 22.8, 22.9)
- DELIVERY AND ACCEPTANCE OF GOODS. FAILURE TO COLLECT AND STORAGE (23.2, 23.5, 23.6, 23.7, 23.8, 23.9, 23.10)
- ERROR IN DELIVERY – DAMAGED GOODS (24.1, 24.5)
- LIABILITY (25.1, 25.2, 25.3, 25.4, 25.5, 25.6)
- COMPLAINTS (26.2, 26.4)
- JURISDICTION, APPLICABLE LAW, AND EXCLUSIVE COMPETENT COURT (28.1, 28.2, 28.3)
- LANGUAGE (29.1, 29.2, 29.3)
Standard Withdrawal Form Pursuant to Art. 49, Para. 1, Letter H) of the Consumer Code
(To be printed and completed only if you intend to exercise the right of withdrawal provided for by Art. 19 of the General Terms and Conditions of Sale)
_________________ ,
_________________
By registered mail with return receipt
To the attention of
FORMULATOR SAMPLE SHOP S.R.L.
Via Petrolo Litta n.9
20008 Bareggio (MI – ITALY)
Subject: Notification of withdrawal declaration pursuant to Art. 19 of the General Terms and Conditions of Sale.
The undersigned
_________________
_________________ (Tax Code: _____________________ ), residing at ____________________________ Province _________________ Postal Code ______________________
DECLARES THE INTENTION TO WITHDRAW
from the contract concluded following the submission of Order Form no. ______________________ upon payment evidenced by receipt no. _________________________ concerning the goods indicated in the aforementioned Order Form, delivered on ______________________ .
Sincerely,
________________________
(signature)
Attachments: 1) Order Form, 2) Invoice, 3) Carrier's delivery document.