Terms and Conditions

1. Scope of application. Definitions

1.1 This Part (A) – General Part applies to all Orders relating to the purchase of Products and submitted to ALETHEIA PHARMA SRL through the website nymphaicosmetics.com.

1.2 The following definitions apply within these GTC:“Consumer”: any natural person who places an Order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, to whom the provisions of the Consumer Code apply, available at the following address (http://www.normattiva.it/uri-res/N2Ls urn:nir:stato:decreto.legislativo:2005-09-06;206!vig=);
“Professional”: any natural or legal person who places an Order in the exercise of their entrepreneurial, commercial, craft or professional activity;
“Customer”: depending on the case, a Consumer or a Professional;
“Contract”: any agreement between the seller and a Customer concerning the purchase by the latter of one or more Products, concluded, depending on the means used, according to the methods set out in Part A, Section 3.3 or Section 3.4;
“Business day”: any day of the week, except Saturday, Sunday and public holidays under Italian law;
“Order”: any proposal concerning the purchase of one or more Products, made by the Customer to the seller according to the methods set out in Part A Section 3.3 or Section 3.4.

2. Right of withdrawal

2.1 The right of withdrawal may be exercised by the Consumer in accordance with the provisions of the Consumer Code, as set out in the “Returns and refunds” section, which forms an integral part of these conditions of sale.

3. Conclusion of the Contract

3.1 Any Contract relating to the purchase of Products entered into shall be concluded exclusively in Italian.

3.2 The presentation of the Products on the Website constitutes an invitation addressed to users of the Website to make a purchase proposal to the seller. Such invitations to offer are not binding on the seller and, in particular, do not constitute offers to the public pursuant to and for the purposes of art. 1336 of the Italian Civil Code, with every decision regarding the acceptance of any proposals made remaining at the full discretion of the seller.

3.3 To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the Website, providing the seller, in compliance with the applicable provisions on personal data protection, with all the data necessary to enable the seller to process the Orders submitted.

3.4 Once regular registration has been completed, the Customer may select one or more Products they intend to purchase, placing them in the cart, whose contents may always be viewed before proceeding with the submission and confirmation of the Order.

3.5 By clicking the “Pay now” button, the Customer will begin the Order submission procedure. During the Order formulation phase and until its actual submission, the Customer will still have the possibility to review the data entered by clicking the “Back” button, in order to identify and correct any incorrect information.

3.6 By clicking the “Pay now” button, at the end of the procedure started pursuant to the previous section, the Customer will submit the Order to the seller. Every Order submitted in this way shall be understood, for all purposes, as a contractual proposal by the Customer. The submission of the Order by the Customer will be promptly followed by confirmation from the seller regarding receipt of the Order itself, by sending an email to the email account provided by the Customer.

3.7 The seller shall have the right to accept or reject the orders received without, in the event of non-acceptance, the Customer being able to assert any rights or claims against the seller on any grounds. The Order shall be deemed accepted and therefore the Contract concluded when the Customer receives, at their email address, the Order Confirmation email containing confirmation of acceptance of the Order.

4. Price and shipping costs

The prices of the Products published on the homepage or in the various sections of the Website include VAT and do not include any taxes, duties and charges applicable in the country of destination of the Products, where this is different from Italy, which shall be borne by the Customer. The seller reserves the right to change the prices of the Products shown on the Website at any time. Any price changes shall not, however, be effective with respect to Customers who have already submitted an Order and formulated a purchase proposal. The shipping conditions and costs can be viewed in the dedicated “SHIPPING AND RETURNS” section.

5. Payment and delivery

5.1 The seller reserves the right to refuse or not process Orders that provide for the delivery of the related Products outside Italian territory. For deliveries, the seller will use carriers selected by the same company. In the case of immediate payment, the seller will ship the goods as soon as possible, while, in the case of payment by bank transfer, shipment will take place within 5 (five) business days from confirmation of receipt of payment.

5.2 The seller shall not be responsible for failure or delay in delivery where: (a) despite having regularly and promptly purchased the Products to cover the Order received, it has not been supplied within the terms and in the manner agreed with the supplier; (b) it is unable to remedy the unavailability of such Products due to circumstances beyond its control and (c) it has promptly informed the Customer of such unavailability of the Products. In any case, where the Customer is a Consumer and the unavailability of the Products due to one of the circumstances indicated in the preceding letters (a) and (b) does not allow delivery of the Product within 30 (thirty) days from the submission of the Order by the Consumer, the seller shall refund to the Consumer any advance payments of the price within 30 (thirty) days from the day following the day on which the Order was sent.

5.3 The seller shall not be responsible for failure or delay in delivery due to force majeure, such as – by way of example – strikes, measures by Public Authorities, rationing or shortages of energy or raw materials, transport difficulties, fires, floods, flooding and damage to machinery not attributable to the seller. The seller shall promptly inform the Customer of the occurrence and cessation of a force majeure event. If the force majeure event persists for a period exceeding 30 (thirty) days, either party shall have the right to withdraw from the contract. In the event of withdrawal pursuant to this Section 5.5, the Customer shall not be entitled to any indemnity or compensation on any grounds, without prejudice to the right to the return of any amount already paid as the price for the Product covered by the Order, within 30 days from the sending of the Order itself.

6. Warranty and complaint handling

6.1 Purchases made by Consumers are subject to the legal provisions on warranty, including, where applicable, the provisions of the Consumer Code concerning warranties for Consumers.

6.2 If defects or flaws are found in the Products purchased pursuant to these GTC, the Consumer may contact the seller, under penalty of forfeiture, within 20 days of discovery, at info@nymphaicosmetics.com, according to the methods indicated in these GTC, and request replacement or refund of the Product. The choice between replacement or refund shall remain available to the Consumer, except where the chosen remedy is objectively impossible or excessively burdensome compared to the other.

6.3 The seller shall, depending on the case, carry out the requested replacements or refunds within a reasonable period from receipt of the Consumer’s request. The seller will invite the Customer to describe in as much detail as possible the nature of the defect or flaw found and, if applicable, to send a copy of the Order documents or indicate the Order number, the Consumer number and any other information useful for the correct identification of the complaint. If the Consumer receives no response within 5 (five) business days, the seller hereby invites the Consumer to request a response. The seller also recommends checking that emails sent by it are not redirected to or blocked by any spam filters, or that they do not fail to reach their destination correctly due to other technical issues with the email program of the recipient Customer.

6.4 Where the requested replacement is impossible or excessively burdensome, or has not been carried out within a reasonable period, or has caused significant inconvenience to the Consumer, the latter may request, at their choice, an appropriate price reduction or termination of the Contract. In any case, termination of the Contract shall not be permitted for minor defects for which it has not been possible or has proved excessively burdensome to replace the related Products.

6.5 It is expressly understood that the preceding Sections shall not apply in the case of defects found in Products purchased by Professionals, with respect to which the seller, without prejudice to mandatory legal limits, provides no warranty.

7. Data protection

7.1 The seller reserves the right to store the data of each Order as well as the Customer’s contact details solely for the purpose of using them for the correct execution of the Order, including by transmitting them to commercial partners involved in payment management, Order execution and/or shipment of the item, for any complaints regarding the warranty of the item and/or for recommendations or instructions to the Customer relating to the item. The storage and processing of data shall take place in accordance with the content of the notice concerning the protection and use of personal data by ALETHEIA PHARMA SRL (“privacy policy). Without prejudice to the foregoing, any use of the Customer’s personal data shall be subject to the provisions contained in the aforementioned privacy policy.

8. Amendment of the General Terms and Conditions of Sale

8.1 On each amendment to these terms, the seller shall promptly publish the amended GTC on the Website.

8.2 The amended GTC shall become an integral part of new Contracts from the first Order submitted by Customers after their publication on the Website. In the case of Orders already submitted before such notice, the previous version of the GTC shall apply.

9. Contact details of the Supplier and the Buyer

9.1 For any request, please refer to the following contact details: info@nymphaicosmetics.com / +39 333 3498757.

9.2 The Buyer indicates, when registering on the Website or no later than in the order confirmation form, their residence or domicile, the related telephone contact details and the email address to which the seller’s communications will be sent.

10. Replacement clause

10.1 If any present or future provision of the GTC and/or the contract should be or become wholly or partly null and/or ineffective, or if there is a gap in the provisions of the GTC and/or the contract, the remaining provisions of the GTC and the contract shall in any case remain valid and effective. It is understood that ALETHEIA PHARMA SRL and the Customer shall undertake to negotiate in good faith the filling of the gap or the replacement of the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and safeguarding the economic substance of the contract.

11. Errors, inaccuracies and omissions

11.1 Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. The seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice, including after the order has been submitted. The seller assumes no obligation to update, modify or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.