General Conditions of Sale to the Consumer

These General Conditions of Sale (hereinafter “GCS” or “Conditions”) apply exclusively to sales of products purchased by the Customer through the website skin4passion.com (hereinafter “Site”).

1. Site name, seller’s company data and domain name ownership

The website skin4passion.com (hereinafter also simply “Site”) is owned by IN&OUT HEALTHY SRL, with registered office in Via Umbria 33 57017, tax code and VAT number 01979890496 certified email inandoutpec@pec.inandouthealthy.eu.

The Site is dedicated to the promotion and online sale of cosmetic products branded “Skin4Passion®” marketed by IN&OUT HEALTHY SRL.

IN&OUT HEALTHY SRL observes the regulations on distance contracts pursuant to Article 50 and following of Italian Legislative Decree no. 206 of 6 September 2005, as well as those relating to electronic commerce pursuant to Italian Legislative Decree no. 70 of 9 April 2003.

2. Definitions

2.1 The term “Products” means the goods marketed and/or purchased on the Site that are offered and sold by IN&OUT HEALTHY SRL as better identified in Article 1.

2.2 The term “online sales contract” refers to the sales contract relating to the goods marketed by IN&OUT HEALTHY SRL, stipulated between the latter and the Consumer, as part of a distance selling system using telematic tools, organised by IN&OUT HEALTHY SRL.

2.3 The term “Customer” means the natural person consumer who has full capacity to act and who makes the purchase referred to in this contract for purposes not related to their commercial or professional activity as the site is dedicated only to direct sale to consumers. 

3. Scope of the General Conditions of Sale

3.1 These General Conditions of Sale (“GCS”) govern the offer and sale of products to consumer customers through the Site by IN&OUT HEALTHY SRL, as well as the terms and conditions for the provision of the Site registration service.

3.2 The GCS are made available to the Customer through the section of the Site called “General Conditions of Sale” accessible through the link of the same name in the footer of the Site. The Customer is allowed to store and reproduce them.

3.3 The applicable GCS are those in force on the date of transmission of the purchase order. Before proceeding with the transmission of the order, and therefore at the conclusion of the purchase contract, the Customer is required to carefully read all the information that IN&OUT HEALTHY SRL provides through the Site, both before and during the purchase procedure.

3.4 These GCS may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site and, before making any purchase, to consult the most up-to-date version of the General Conditions of Sale. The sending of the order by the Customer is valid as acceptance of the conditions of sale at that time published on the site.

3.5 These General Conditions of Sale do not govern the sale of products by parties other than IN&OUT HEALTHY SRL that may be present on the Site through links, banners or other hyperlinks. Before carrying out commercial transactions with these parties it is necessary to verify their conditions of sale. IN&OUT HEALTHY SRL is not responsible for the provision of services and/or the sale of products by these parties. On the websites that can be consulted through these links, IN&OUT HEALTHY SRL does not carry out any control and/or monitoring. IN&OUT HEALTHY SRL can therefore in no case be held responsible for the content of these sites, for any errors and/or omissions and/or violations of the law by them, for the provision of the services promised by third parties or for the execution of electronic commerce transactions between the customers of IN&OUT HEALTHY SRL and third parties.

4. Procedure for concluding the contract

4.1 The offer and sale of products through the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 and following) of Italian Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) and Italian Legislative Decree no. 70 of 9 April 2003, containing the regulation of electronic commerce.

4.2 In accordance with Italian Legislative Decree no. 70 of 9 April 2003 containing provisions on electronic commerce, IN&OUT HEALTHY SRL informs the Customer that, in order to conclude the contract for the purchase of one or more Products on the Site, it is necessary to follow the following procedure:

PURCHASE OF PRODUCTS

The user selects the products from the catalogue display page using the “Add to cart” function or from the in-depth page of each product.

To purchase the products you must indicate the quantity you want to buy, on the selection page or in the cart and continue by clicking/tapping on the dedicated button.

PURCHASE WITHOUT REGISTRATION Users can choose to continue the purchase process without registering, thus without creating their own account. In this case, the data necessary to complete the contract will be requested in the “Shipping and Billing” section.

PURCHASE WITH LOGIN (for already registered users) You can authenticate by clicking on the “User” button always visible at the bottom of the site or directly from the authentication page during the checkout phase. 

PURCHASE WITH REGISTRATION (for new users) Registration can be done by clicking on the “User” button from the bar at the bottom of the site, or directly from the authentication page during the check-out phase. For details on registration, please refer to Article 14 of these B2B General Conditions of Sale.

After having logged in or registered again and before proceeding with the payment and with the transmission of the order form, the Customer can identify and correct any errors in entering the data by following the instructions on the Site. They will be asked, by means of a specific check, to expressly acknowledge that they have read, understood and accepted the terms of these general conditions of sale with the possibility of printing or saving a copy.

The customer makes the payment and if this has been successful the order form is registered and the system sends a notification email containing the essential elements of the order: i) the day and time of acquisition of the order; ii) the order identification number to be used in all subsequent correspondence; iii) the information relating to the essential characteristics of the product purchased; iv) the detailed indication of the price, the delivery costs, where applicable, and any additional costs; 

If the confirmation email is not received, make sure that the mailbox is not beyond the limits allowed by the service provider or that you have not entered anti-spam filters that may have blocked the purchase confirmation message, which is not binding for the purposes of the validity of the purchase.

4.3 Pursuant to Article 12 of Italian Legislative Decree 70 of 2003, IN&OUT HEALTHY SRL informs the Customer that each order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer may at any time request a copy from IN&OUT HEALTHY SRL. The registered Customer may access their order by consulting the “Orders” section within their Account.

4.4 The language available to Customers for the conclusion of the contract is Italian. Despite the fact that these General Conditions of Sale will be translated into several foreign languages, for the purposes of their validity, interpretation and execution, the version with the text drawn up in Italian will prevail in any case.

4.5 The effects of the purchase contract will occur at the time of payment of the total amount due.

4.6 IN&OUT HEALTHY SRL reserves the right to refuse or cancel orders that come (i) from a Customer who has not declared full capacity to act (e.g. minor) or who is not a Consumer; (ii) from a Customer with whom it has an ongoing legal dispute; (iii) from a Customer who has previously violated these GCS and/or the conditions and/or the terms of the purchase contract; (iv) from a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (v) from a Customer who has issued false, incomplete or otherwise inaccurate identification data (v) from a Customer who has violated the provisions of Article 14.3.

4.8 The ownership of the Products will be transferred to the Customer at the time of shipment, to be understood as the time of delivery of the Product to the carrier (“Shipment”). The Shipment will be made only after confirmation of the actual payment of the Total Amount Due.

4.9 In the case of orders, whoever they come from, that are anomalous in relation to the quantity of products purchased or the frequency of purchases made or that are made by retailers, wholesalers or in any case for the purpose of subsequent resale, IN&OUT HEALTHY SRL reserves the right to take all the necessary actions to stop the irregularities, including the suspension of access to the Site, the cancellation of registration, or the non-acceptance or cancellation of irregular orders.

5. Purpose of the contract

5.1 With this contract, respectively, IN&OUT HEALTHY SRL sells to the Customer who purchases remotely, through telematic tools, the tangible movable goods indicated and offered for sale on the website skin4passion.com.

5.2 The products referred to in the previous point are illustrated on the website and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in colour, size and accessory products. These images must therefore be understood as purely indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent to the Customer will be authentic.

6. Methods of payment

6.1. It is possible to pay for the products through 2 payment methods:

• Credit card (in a secure PayPal environment)
• PayPal (via PayPal account)
  
  

7. Prices

7.1 The sales prices shown on the website are inclusive of VAT and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation email, without considering any price increases or decreases, even for promotions, that may intervene later. The indication of the price without VAT is available and visible during the purchase process in the Cart and in the Order Summary.

7.2 The shipping costs, and any customs duties, are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before payment is made.

7.3 The prices of the products and the shipping costs calculated and shown during the purchase process are to be understood as net of customs duties and other taxes and duties provided for delivery to countries outside the European Union. The customs charges applied in the country of destination not belonging to the European Union are borne by the recipient and the express courier in charge of the delivery will request payment before or at the time of delivery.

7.4 By sending the order to IN&OUT HEALTHY SRL the Customer agrees to receive the invoice/receipt in electronic format. The Customer may receive the invoice/receipt in paper format by making an express request to IN&OUT HEALTHY SRL. After the invoice has been issued no changes can be made to the details contained therein.

8. Product availability

8.1 The product availability refers to the moment in which the Customer consults the product sheets; this must in any case be considered purely indicative because, due to the simultaneous presence on the site of several Customers, the products could be sold to others before the order confirmation.

8.2 IN&OUT HEALTHY SRL will not be in any way responsible for the temporary or definitive unavailability of one or more products. The site highlights the cases in which restrictions apply to the purchase of individual products.

8.3 Also following the sending of the order confirmation email by IN&OUT HEALTHY SRL, cases of partial or total unavailability of the goods may occur. In this case, the Customer will be promptly informed by written communication or by email and will be able to decide whether to accept the delivery of the only available products, obtaining a refund for those that are unavailable, or to request the cancellation of the order, with consequent reimbursement of the amounts already paid, communicating this by email to IN&OUT HEALTHY SRL.

9. Delivery methods

9.1 IN&OUT HEALTHY SRL will deliver the selected and purchased products by express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary email referred to in point 4.2.

9.2 Orders will be processed as soon as they are received. IN&OUT HEALTHY SRL undertakes to ship the products as soon as possible and in any case within 3-5 days from the date of conclusion of the contract. The delivery times indicated when sending the order form are purely indicative.

9.4 The shipped goods will be checked and delivered to the shipper intact and without defects. IN&OUT HEALTHY SRL cannot be held responsible in any way for any delays or damage attributable to the fault of the shipper.

9.5 The ordered goods depend exclusively on the will of the Customer. If it is rejected, IN&OUT HEALTHY SRL will charge the Customer for the round trip transport costs.

10. Liability

10.1 IN&OUT HEALTHY SRL accepts no liability for disruptions attributable to force majeure or unforeseeable circumstances, including if they depend on malfunctions and disruptions of the internet network in the event that it fails to execute the order within the time specified in the contract.

10.2 IN&OUT HEALTHY SRL will also not be liable for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to it, and unless they are dependent on the act or omission of IN&OUT HEALTHY SRL, the Customer being entitled only to a full refund of the price paid and any ancillary charges incurred.

11. Right of withdrawal

11.1 The Customer has the right to withdraw without any penalty and without specifying the reason, within 14 (fourteen) days from the day on which the Customer or a third party (other than the carrier) designated by the Customer acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term starts from the day on which the Customer, or the third party designated by the Customer, acquires physical possession of the last good.

11.2 To exercise the right of withdrawal, the Customer is required to inform IN&OUT HEALTHY SRL with registered office in Via Umbria 33 57017, tax code and VAT number 01979890496, of their decision to withdraw from the contract by means of an explicit declaration to be sent to the email address info@skin4passion.com.

11.3 To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.

11.4 If the Customer withdraws from the contract, all payments made to IN&OUT HEALTHY SRL will be reimbursed, including delivery costs (with the exception of additional costs arising from their choice of a type of delivery other than the least expensive type of standard delivery offered by IN&OUT HEALTHY SRL), without undue delay and in any case no later than 14 (fourteen days) from the day on which IN&OUT HEALTHY SRL  is informed of the decision to withdraw from this contract. Such refunds will be made using the same means of payment used by the Customer for the initial transaction; in any case, they will not incur any costs as a result of such refund. It is without prejudice to the right of IN&OUT HEALTHY SRL to withhold the refund until it has received the goods or until the Customer has demonstrated that they have returned the goods, depending on which situation occurs first.

The Customer may request that the refund be made by a means of payment other than that used for the purchase of the products. In this case, any additional costs arising from the different means of payment chosen will be borne by the Customer.

11.5 In case of exercise of the right of withdrawal, the Customer shall return the goods or deliver them to IN&OUT HEALTHY SRL without undue delay and in any case within fourteen days from the date of notifying IN&OUT HEALTHY SRL of their decision to withdraw from the contract. The Customer shall bear the direct cost of returning the goods.

The right of withdrawal is subject to the following conditions:

– the purchased goods must be substantially intact and returned accurately packaged, complete with all the original parts (including any documentation and accessories);

• upon arrival in the warehouse, the product will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for exercising the right of withdrawal).

11.6 The Customer is responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

In particular, for sealed goods which do not lend themselves to being returned for hygiene or health protection reasons and which have been opened after delivery. The Customer is therefore required not to remove the seals from the products purchased, of which they are an integral part, if they want to return the goods. IN&OUT HEALTHY SRL, in case of exercise of the right of withdrawal by the Customer, has the right not to accept the return of products whose seals have been removed or that have been altered in their essential and qualitative characteristics or that have been damaged. 

11.8 If the right of withdrawal is exercised, IN&OUT HEALTHY SRL will not be responsible for transport costs for the return or for any loss or damage to the products attributable to third parties.

12. Guarantees and methods of assistance

12.1 IN&OUT HEALTHY SRL sells high-quality products. In any case, please note that in order to protect the Customer, the legal guarantee of conformity for the goods is provided by law. In the event of receipt of products that do not comply with the sales contract, pursuant to Articles 129 and following of the Consumer Code, the Customer forfeits any right if they do not report the lack of conformity to the seller within 2 (two) months from the date on which the defect was discovered. The report is not necessary if the seller has recognised the existence of the defect or has concealed it. The action aimed at asserting defects not intentionally concealed by the seller is, in any case, time-barred within twenty-six months from the delivery of the goods.

12.2 In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.

12.3 In case of lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, an adequate reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for IN&OUT HEALTHY SRL pursuant to Article 130, paragraph 4, of the Consumer Code.

12.4 The request must be sent in writing, by registered letter with return receipt, to IN&OUT HEALTHY SRL with registered office in Via Umbria 33 57017, which will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if the Customer’s request has been accepted, IN&OUT HEALTHY SRL must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.

12.5 If the repair and replacement are impossible or excessively expensive, or IN&OUT HEALTHY SRL has not provided for the repair or replacement of the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Customer, the latter may request, at their choice, a reasonable reduction in the price or termination of the contract. In this case, the Customer must send their request to IN&OUT HEALTHY SRL in the manner provided for in point 12.4; the latter will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within seven working days of receipt.

12.6 In the same communication, if the Customer’s request has been accepted, IN&OUT HEALTHY SRL must indicate the proposed price reduction or the methods of returning the defective goods.

13. Obligations of the Customer

13.1 The Customer undertakes to pay the price of the goods purchased within the times and in the manner indicated in these General Conditions of Sale.

13.2 The Customer is solely responsible for the correctness of the data entered in the registration procedure in accordance with the provisions of Article 14 below.

14. Registration on the Site 

14.1 Registration on the Site is free. To register on the Site, the Customer must fill in the appropriate form,

by entering their first name, surname, email address, password. At the time of registration, the Customer will be required to declare under their own responsibility that they have the full capacity to act and make the purchase for purposes unrelated to the commercial or professional activity that may be exercised. Registration will be confirmed to the Customer by email.

14.2 Registration on the Site, through the opening of a personal account called “My Account” (“Account”), allows the Registered Customer, among other things, to:

– manage their data and update it at any time;

– save and change their addresses;

– access all information relating to orders;

– access after-sales support services.

14.3 Each Customer may only use one registration on the Site. It is therefore forbidden for the Customer to create multiple accounts relating to the same person, natural or legal, to companies and/or entities of any kind, including through the use of data corresponding to the truth. It is also forbidden for the Customer to enter, for the purposes of registration on the Site, personal data of third parties and/or data that is false and/or invented and/or imaginary and/or, in any way, not corresponding to the truth. In the event of violation of these prohibitions, without prejudice to the provisions of Article 1 above, IN&OUT HEALTHY SRL reserves the right to close all accounts referable to the same person.

14.4 The registration credentials (email address and password) allow the Customer to make purchases on the Site and to carry out, among other things, the activities referred to in Article 14.2 above. They must therefore be stored with the utmost care and attention. In addition, they may only be used by the Customer and may not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them. They also undertake to immediately inform IN&OUT HEALTHY SRL, by contacting it at the addresses referred to in Article 15 below, if they suspect or become aware of improper use or undue disclosure of these credentials.

14.5 The Customer guarantees that the personal data provided to IN&OUT HEALTHY SRL during the registration procedure and/or during the purchase and/or at any other time, is complete, truthful and referable to the Customer themselves, and undertakes to hold IN&OUT HEALTHY SRL harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way related to the violation by the Customer of the guarantees referred to in this Article 14 and/or the violation of the rules on registration on the Site, purchase on the Site and/or on the retention of registration credentials.

15. Customer Service and Complaints

15.1 You can request information, send communications or submit complaints to IN&OUT HEALTHY SRL in the following ways:

– by email, at info@skin4passion.com

– through the Website, by accessing the “Contacts” section.

16. Applicable law and Jurisdiction

16.1 The purchase contract concluded through the Site is governed by Italian law.

16.2 This is without prejudice to the application to Consumer Customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, and in case of exercise of this right, the methods and formalities of communicating it and the legal guarantee of conformity.

16.3 Please note that for the Consumer Customer, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the Customer resides or has elected domicile is competent.

17. ADR/ODR alternative dispute resolution

17.1 Pursuant to Article 141-sexies, III paragraph, of the Consumer Code, IN&OUT HEALTHY SRL informs the Customer who holds the status of consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have submitted a complaint directly to IN&OUT HEALTHY SRL and as a result of which it was not possible to resolve the dispute thus arising, IN&OUT HEALTHY SRL will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute.

17.2 IN&OUT HEALTHY SRL also informs the Customer who holds the status of consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (ODR platform) has been established. The ODR platform can be consulted at the following address https://ec.europa.eu/consumers/odr/; through the ODR platform the Consumer Customer will be able to consult the list of ADR bodies, find the link to the website of each of them and initiate an online procedure to resolve the dispute in which they are involved.

17.3 In any case, this is without prejudice to the Customer’s right to appeal to the ordinary competent court, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, if the conditions are met, to pursue an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

17.4 In addition, for any cross-border dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Customer who is habitually resident or domiciled in a member state of the European Union other than Italy may introduce the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007 before the competent court, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, the sum of €5,000.00 on the date on which the competent court receives the application form. The text of the Regulation can be found at https://eur-lex.europa.eu/eli/reg/2007/861/oj.

17.5 According to Article 49 paragraph 1 letter v) of Italian Legislative Decree no. 206/2005 (Consumer Code), the Customer who intends to resolve a dispute with IN&OUT HEALTHY SRL can use the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after submitting a complaint to the company, has not received a response within 45 days or has received a response that they deem unsatisfactory. The Customer who decides to use the Joint Conciliation procedure is obliged to send the application to the address: conciliazione@consorzionetcomm.it or to the fax number: 02/87181126. For more information, see: https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl

Last update of the General Conditions of Sale to the Consumer: 30 March 2022.