TERMS AND CONDITIONS OF SALE

General conditions of Sale

The offer and sale of products made on the website www.mycosmocare.com are governed by these General Conditions of Sale. The Purchaser is required, before submitting his purchase order, to carefully read these general conditions of sale. Forwarding the purchase order implies full knowledge and express acceptance of both the aforementioned general conditions of sale and the privacy policy.

1. Object

1.1 These General Conditions of Sale concern the sale of products made online

through the e-commerce service on the website www.mycosmocare.com .

2. Seller subject

2.1 The products are sold directly by the company MIVA Srl with headquarters in Via Straelle San Pietro 12/H, Tax Code and VAT number: 05176610284 (hereinafter Seller).

For any information request, you can contact the seller

• by mail to the following address: mycosmocare@gmail.com
• in the b2b resellers section: ordini.mivagroup@gmail.com
• by PEC to the following address: miva@casellapec.com .

2.2 The products are sold to the buyer identified by the data entered when completing and sending the order form in electronic format with the simultaneous acceptance of these General Conditions of Sale.

2.3 The purchaser is prohibited from entering false, and/or invented, and/or invented names in the online order procedure and in further communications. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

2.4 By formulating the purchase order, the buyer expressly accepts these General Conditions of Sale and exonerates the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Buyer when entering the order. order online.

3. The sale through e-commerce service

3.1 By online sales contract we mean the remote contract concerning the sale of movable goods (hereinafter Products) stipulated between the Buyer and the Seller, as part of an electronic commerce service organized by the Seller which, for purpose, it employs remote communication technology.

3.2 To conclude the purchase contract for one or more Products, the Purchaser must complete the order form in electronic format (hereinafter Order) and send it to the Seller via the Internet following the relative instructions.

3.3 Although MIVA Srl constantly adopts measures aimed at ensuring that the images shown on the Site are faithful reproductions of the original products, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used by the Purchaser. . Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely for illustrative purposes.

3.4 The contract is concluded when the Seller receives the completed Order Form.

4. Sales prices

4.1 Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time the Order is transmitted via the Internet. The prices of the Products and the shipping and delivery costs may vary without notice.

4.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs connected to customs duties and related taxes, which cannot be calculated in advance, if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be mentioned during the insertion and revision of the Order.

4.3 The costs indicated in par. 4.1 and 4.2 are charged to the Purchaser and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.

5. Terms of payment

5.1 For the payment of the price of the Products and the relative shipping and delivery costs, it is possible to follow a payment with one of the methods indicated in the order form of the website www.mycosmocare.com , and in particular through: Paypal account; Credit card via Paypal circuit, Credit Card, Bank transfer, satispay, COD (cash on delivery).

for B2b resellers: bank transfer, riba, cash on delivery, paypal, satispay, credit card.

6. Shipping and delivery of products

6.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Purchaser on the Order.

6.2 At the time of delivery, the signature of an adult will be required. No deliveries will be made to post office boxes. For each order placed on the Site, Miva Srl issues a receipt or invoice (upon request) for the goods shipped which will be attached together with the package containing the products ordered by the customer. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. No change in the invoice will be possible after it has been issued.

6.3 Upon receipt of the goods at home, the Purchaser is required to verify the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the Purchaser is required to have the same detected and noted down exactly by the courier and to reject the delivery. Otherwise he will lose the possibility of asserting his rights in this regard.

7. Right of withdrawal

7.1 In the sole hypothesis in which the Purchaser qualifies as a Consumer pursuant to the law, he will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within the term of ten (10 ) days, starting from the day on which the Purchaser acquires physical possession of the Products. The term is considered respected if the Buyer sends, within the aforementioned 10-day term, a communication to the e-mail address mycosmocare@gmail.com and by PEC miva@casellapec.com , sending it to the Seller, within 14 days from when the Purchaser has acquired physical possession, the purchased product, which must be returned intact in its original packaging. The return shipment is charged to the customer.

The notice of withdrawal must contain: the expression of willingness to exercise the right of withdrawal; the indication of the order number which gave rise to the sales contract from which it is intended to withdraw.

7.2 The right of withdrawal is subject to the following conditions:

• the returned Products must be returned in their entirety and not on parts or components of them;
• the returned Products must not have been used and must therefore be returned intact in their original packaging, which is also intact;
• the Purchaser has not opened the packaging of the products being sold;
• the value of the goods purchased is not less than €50.00;
• Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels.
• the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
• the returned Products must be delivered to the courier within fourteen (14) days from the date on which the Purchaser received the products.

7.3 If the right of withdrawal has been exercised in accordance with the previous conditions (paragraph 7.2), the Seller will reimburse the sums to be paid no later than 30 days from the day on which the same was informed of the Purchaser's decision to exercise the right of withdrawal withdrawal, provided that the Seller has already received the returned goods. The Seller will use for the re-credit the same means of payment used by the Purchaser for the initial transaction.

7.4 In the event of withdrawal, the only costs to be borne by the Purchaser will remain the initial shipping costs of the order of the products purchased. All other expenses will be reimbursed by the Seller, including the costs of delivery of the returned goods following the exercise of the right of withdrawal (with the exception of the additional costs deriving from the Buyer's possible choice to use a different and more expensive delivery method than to the type of standard delivery offered by the Seller).

8. Guarantee of non-conforming products

8.1 The Seller is responsible for any defect in the products offered on the site, including the non-compliance of the articles with the products ordered, in accordance with the provisions of Italian law.

8.2 The duration of the guarantee, in the event of purchases made by a person who has the qualities of a Consumer, is 2 years from the moment of delivery of the goods. This guarantee is valid provided that the following conditions are met:

• the defect occurs within 24 months from the date of delivery of the products;
• the Purchaser submits a formal complaint regarding the defects within a maximum of 8 days

from the date on which the defect was recognized by the latter.

8.3 In particular, in the event of non-compliance, the Purchaser who has purchased as a Consumer will have the right to obtain a replacement, or an appropriate price reduction, or the termination of the contract relating to the disputed goods and the consequent return of the price .

8.4 Return costs for defective products will be borne by the Seller.

9. Applicable law, dispute resolution and jurisdiction

9.1 These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it. Any disputes inherent and/or consequent to these General Conditions must be resolved exclusively by the Italian jurisdictional authority, as better specified below. In particular, if the Purchaser qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same on the basis of the applicable law or, at the choice of the consumer in the event of an action taken by the consumer himself, by the Court of Milan. If the Purchaser instead acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Milan.

10. Editing and updating

10.1 The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Purchaser will be required to accept only the General Conditions of Sale in force at the time of the relative purchase.

10. Privacy

10.1 - By adhering to the mailing list of offers proposed by MIVA SRL or by making purchases, the Customer must be informed about the processing of their personal data. The Customer may at any time renounce the sending of offers by MIVA SRL simply by sending a specific communication via e-mail to the address info@mycosmocare.com, indicating the e-mail box to which no longer receive communications.

10.2 - Article 7 of Legislative Decree 196/2003 provides that the processing of personal data is preceded by the information to the subject to whom such data refer. In relation to the processing of the Customer's personal data by MIVA SRL, the Customer is required to consider that the collection and processing will be carried out by MIVA SRL for the following purposes:

• carry out marketing and advertising activities
• send informative and promotional material
• perform statistical analyzes for marketing purposes
• measure the degree of customer satisfaction

fulfill the obligations established by laws and regulations, including community ones, as well as by provisions issued by legitimate authorities and by supervisory and control bodies.

10.3 - The treatment will take place with automated methods in compliance with the rules of confidentiality and security established by law and may include one or more of the following operations: collection, registration, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, cancellation and destruction. The data may be processed, on behalf of MIVA SRL, by its employees, as well as by professionals or companies that carry out specific processing services or complementary activities or activities necessary for the execution of the services offered. The data may be communicated, in whole or in part, to professionals or companies for the management of the billing service and, in general, for the keeping of the accounts, which will treat such data as autonomous 'owners' in accordance with the law.

10.4 - Article 7 of Legislative Decree 196/2003 recognizes the Customer the following rights:

• be informed on the Data Controller and, if appointed, on the Data Processor, as well as on the purposes and methods of the processing;

• obtain, by the Data Controller and, if appointed, by the Manager;

• confirmation of the existence of data concerning the customer, the communication of the same and their origin, as well as the logic and purpose of the treatment itself;

• the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, the updating, rectification or integration of data;

• the attestation that the operations referred to in the preceding points have been brought to the attention of the subjects to whom the data have been communicated or disseminated;

• object, in whole or in part, for legitimate reasons, to the processing of data concerning him, even if pertinent to the purpose of the collection;

• object, in whole or in part, to the processing of data concerning them for the purpose of commercial information, the sending of advertising material or direct sales or for carrying out market research or interactive commercial communication and to be informed by the Data Controller possibility to exercise this right free of charge.

10.5 - The data controller in accordance with the law is MIVA SRL in respect of which the customer can exercise the rights provided for by art. 13 of the Law. Having acknowledged the rights referred to in the Article. 7 of Legislative Decree 196/2003, aware of the consequences that any refusals could entail, the Customer will give his consent, where necessary, to the processing of his data that MIVA SRL will carry out in the exercise of its activity.