Terms and Conditions
The purpose of these General Terms and Conditions of Sale (hereinafter, the General Terms and Conditions) is to regulate the purchase of Products, made at a distance, via computer network, from the Site www.moodme.store (hereinafter, the Site).
The owner of the Site is I.B.I. Cosmetics S.r.l. with registered office in via Bergamina, 7- 20014 Nerviano (MI), telephone +39 347 0890691, mail firstname.lastname@example.org P.IVA IT 09294270963, R.E.A. MI 2081464, R. I. Milano 09294270963.
Acceptance of the General Conditions of Sale
All purchases of Products made through the Site by users accessing it (hereinafter, the Customers) are governed by these General Terms and Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005) and by the Italian regulations on e-commerce (Legislative Decree no. 70/2003).
By concluding Purchase Contracts, according to the procedure, the Customer accepts and undertakes to observe these General Terms and Conditions.
The Customer, therefore, is obliged to read carefully, before carrying out any purchase operation, these General Conditions that I.B.I. S.r.l. makes available to him/her also in order to allow him/her to reproduce and memorise them in compliance with the provisions of Art. 12, paragraph 3 of Legislative Decree 70/2003.
I.B.I. S.r.l. may modify, at any time and without notice, the content of the General Conditions. The General Conditions published on the Site at the time the purchase order is sent by the Customer shall apply to each individual Purchase Agreement. The Customer may therefore save a copy in pdf format or keep the order confirmation e-mail in which the conditions are attached.
www.moodme.store (hereinafter, the "Site") is an e- commerce website for cosmetics, hair care beauty products and accessories in general under the exclusive MOOD brand (hereinafter, the "Products").
All the Products offered are illustrated in detail on the Site, within the respective sections, divided into Product categories in compliance with the provisions of the Consumer Code.
The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the purpose of presenting them for sale, without any guarantee or commitment on the part of I.B.I. S.r.l. as to the exact correspondence of the image depicted on the Site with the real Product; and this, with particular regard to the real dimensions and/or the chromatic aspects of the Products and/or the packaging.
In the event of any difference between the image and the written product sheet, the description in the product sheet shall always be deemed authentic.
The customer is not permitted to sell or resell the purchased products. I.B.I. S.r.l. may suspend, revoke or reduce the supply if it considers, at its own discretion, that the customer may be in breach of the provisions herein.
The Client may purchase the Products present in the MOOD electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relative information sheets contained in the Site, respecting the technical access procedures illustrated therein.
First of all, the Customer may proceed to register on the Site by entering his/her personal details and following the instructions provided by the registration program; he/she must then fill in and send to I.B.I. S.r.l. the order form in the electronic format available on the Site, following the instructions therein. Purchase orders must be exactly filled in in all their parts. In the event that the Customer does not wish to register on the Site he/she may, in any case, complete the purchase procedure but will not be able to check the progress of his/her orders and take advantage of discounts and promotions.
The Customer shall place the selected Products in the "Shopping Cart" and, after choosing from the shipping options and accepting the contribution for delivery costs, may proceed with the purchase.
Should the Customer need to change the purchase order or modify certain data contained therein, he/she shall follow the appropriate modification procedure contained on the Site. In particular, the Customer shall have the right to change the quantity of the Products he/she intends to purchase, adding or removing one or more Products from the Shopping Cart.
Once this operation has been completed, the Customer shall display a screen containing a summary of the purchase order, including delivery costs, with a request for further confirmation of the purchase procedure.
Then, when the summary is displayed, the Customer must select the desired type of payment, i.e. PayPal, Shopify payments, bank transfer, cash on delivery or - if available - by Gift Card, and send the order by clicking on the appropriate button.
Conclusion of the contract
The publication of the Products displayed on the Site constitutes an invitation to the Customer to make a contractual proposal to purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and acceptance of these General Conditions.
Each Purchase Contract stipulated between I.B.I. S.r.l. and the Customer shall be considered concluded with the sending by I.B.I. S.r.l. of the acceptance of the order to the Customer's e-mail address. This confirmation message will indicate an "Order Number", to be used in any subsequent communication with I.B.I. S.r.l. . The message will propose, in addition to the information required by law, all the data entered by the Customer, who agrees to verify the correctness and to communicate promptly any correction. Any additional expenses caused by errors in the data not promptly reported shall be borne exclusively by the Customer.
Each order can be viewed by the Customer on the Site, in his personal area, if he is registered, or by contacting the Customer Service of I.B.I. S.r.l. immediately after sending the order.
It is possible that there may be occasional unavailability of the Products offered, in which case, if the Products chosen by the Customer are not, in whole or in part, available, the Customer Service will contact the Customer by email and the latter may decide to cancel the order, wait for the Product/s to become available again or receive only the Products available; in the latter case the order will be partially carried out, with I.B.I. S.r.l. committing itself to the shipping at its own care and expense of the missing Products.
I.B.I. S.r.l. reserves the right not to accept purchase proposals and to cancel orders that do not provide sufficient guarantees of solvency if - following a comparison with the circuit that manages credit card payments - anomalies are found in the transactions and in the means of payment used by the Customer; in this case the Customer will be promptly notified by email.
All Product prices are clearly indicated on the Site in accordance with Article 13 et seq. of the Consumer Code and are inclusive of VAT. Delivery costs are adequately highlighted at the time of ordering. The cost of each shipment may vary depending on the delivery and payment method as well as the destination and total amount of the order.
Invoicing and Methods of Payment
I.B.I. S.r.l. issues a receipt, or invoice if requested, for the purchased Products, when the Products are delivered to the courier for shipment, sending it by e-mail to the Customer. For the issuance of the invoice, the information provided by the Customer shall be authentic. No change in the data shall be possible after the invoice has been issued.
As further detailed below under the relevant points, PayPal payments only require an authorisation or reservation of money without actual debit at the time the Customer places the order. The payment is therefore effectively debited to the Customer only at the moment in which the Products are delivered to the courier appointed for shipment. At this stage I.B.I. S.r.l. will also issue the invoice relating to the order.
Payment of the purchased Products is made by PayPal, Shopify payments, bank transfer, cash on delivery or - if available - Gift Card according to the methods specified below:
Once the order has been completed and PayPal has been chosen as the payment method, the purchaser will be redirected to the PayPal Site, where he/she can access his/her account by entering his/her personal e-mail address and password. By choosing to pay by PayPal, the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard, American Express) or prepaid card (PostePay) assigned. PayPal protects the buyer's information as no financial information is passed on. A confirmation e-mail will be sent by PayPal for each transaction carried out using this method. Please note that the amount of the order is debited from your PayPal account when the order is taken over by the courier. When placing the order on the Website, an authorisation request will simply be made to check availability on the Customer's PayPal account, without any charge. If the order is cancelled, the amount shall be refunded to the Customer's PayPal account.
The customer can use a "Gift Card" for payment by selecting the Gift Card as the payment method in the shopping cart and (after choosing the shipping method) entering the number below the barcode and the security code.
If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify Payments, the operator that handles payments on behalf of the Seller. The transmitted data will be sent in a protected mode, by means of a 128-bit SSL (SecureSocketLayer) encrypted data transfer. This data is not even accessible to the Seller.
I.B.I. s.r.l. is not responsible for the delay and/or non-delivery of products if the issuer of the credit card used by the customer refuses or does not authorise the charge.
Delivery methods and costs
I.B.I. S.r.l. undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. The delivery of the Products shall be made by courier, and the times will vary depending on the destination. The terms indicated at the time of the purchase order are in any case indicative.
I.B.I. S.r.l. delivers in Italy and delivery will take place without appointment.
No responsibility, for any reason whatsoever, may be charged by the Customer to I.B.I. S.r.l. in the event of delay in the execution of the order or in the delivery of the Products object of the Purchase Agreements.
The Products ordered shall be sent to the postal address specified by the Customer.
Deliveries shall be made from Monday to Friday, during normal office hours, excluding national holidays, according to the methods indicated by the courier. Delivery shall be deemed completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the addressee at the specified address, the courier shall leave a notice and will attempt a new delivery according to the methods specified by the courier. If the new delivery cannot be made due to the absence of the addressee, Customer Service will attempt to contact the Customer to schedule a further delivery. In the event that Customer Service should fail to contact the Customer for the next 10 days, or in the event of further impossibility of delivery due to the absence of the addressee, the Products object of the order will be redelivered to I.B.I. S.r.l. The Customer shall be entitled for one year from the date of the order, to obtain a bonus equal to the value of the order net of shipping costs to be spent on the Site.
At the time of delivery of the Products by the courier appointed by I.B.I. S.r.l. the Customer is obliged to carefully check:
a) That the packaging is intact and undamaged or otherwise altered.
b) That the number of pieces delivered corresponds to that indicated in the transport document.
Any damage to the packaging and the Products or the mismatch in the number of pieces/packages or in the indications must be immediately contested by the Customer, who may contact I.B.I. S.r.l. through the Customer Service specifying the order for which such misunderstandings occurred.
Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be borne by I.B.I. S.r.l. shall entitle I.B.I. S.r.l. to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In such cases I.B.I. S.r.l. shall promptly and adequately communicate its decisions to the e-mail address indicated by the Customer and the latter shall have the right to the refund of the price already paid, excluding any further claim, for any reason, against I.B.I. S.r.l.
Discount Coupons - Promotions
Any discount vouchers or promotional codes may be entered when the Customer completes the purchase order. The system will update the total amount of the order net of the value of the voucher.
The discount voucher may be combined with other commercial initiatives only in the cases in which it is expressly indicated.
Right of withdrawal
RIGHT OF WITHDRAWAL: Should the customer be dissatisfied with the product or should products be sent that do not conform to what was ordered, the customer has the right to withdraw from the contract without specifying a reason within 14 days of receipt of the products. The right of withdrawal may only be exercised by the person who made the purchase (the invoice holder), not by other persons who may have received the delivery.
The return of products is subject to acceptance by Ibi Cosmetics in Parabiago. To make a return, please contact our customer service with the following information:
- First name
- Order reference number
He will then send the product to Ibi Cosmetics in Parabiago. The shipping address is as follows:
Via Crispi, 17, Parabiago
20015 - Parabiago (MI)
Returns of purchased items will not be accepted unless the above procedure has been carried out. We recommend sending the package containing the returned products by registered mail with return receipt.
Ibi accepts no responsibility for products sent back.
CONDITIONS FOR ACCEPTING THE RETURN: To accept the return, we must ensure that the product has not been used and has not been damaged in any way. Returned products must be shipped within 14 days from the date of delivery of the order in their original packaging or, if damaged, in packaging of equivalent size and strength. We will only refund the return if all these conditions are met. Transport and handling costs will not be refunded.
SHIPPING COSTS OF RETURNS: In the event that you wish to withdraw from a purchase, the shipping costs for the return of the product shall be borne by the customer. Even in the event that a product is returned for final return, replacement or exchange because it does not conform to what was requested or due to intrinsic defectiveness (always in relation to unused products), the cost of returning the product shall be borne by the customer. Once we have verified the nature of the return and accepted the claim, the cost of returning the product, if defective or damaged, will be borne by Ibi Cosmetics.
REFUND CREDIT: Once we have received the return and checked that all requirements have been met, we will send an e-mail confirming acceptance to the customer and we will then credit the amount paid back to the credit card used by the customer to pay for the products. For credit card purchases, the time it takes to see the refund will depend on your credit institution. The value date of the re-credit will in any case be the same as that of the debit.
Product non-compliance and defective products
The Products offered on the Site comply with national and Community legislation. The images and colours of the Products published on the Site may differ from the real ones due to the local settings of the systems and/or tools used to display them.
In the event of a lack of conformity of the purchased Products with respect to the description published on the Site and in the event of a faulty or defective Product, the Customer is entitled to immediate reimbursement of the non-conforming goods, subject to the sending by e-mail to email@example.com of photographs showing the damage or non-conformity of the Product.
A communication will follow from the staff of I.B.I. S.r.l. indicating the method of reimbursement which could take place, at the Customer's discretion, also by means of discount vouchers on the next purchase exceeding the value of the goods to be reimbursed, excluding any further liability of I.B.I. S.r.l. for any reason whatsoever.
In any case, the provisions on the legal guarantee of conformity of goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Artt.102-135) shall remain unaffected.
Communications and complaints
All communications or any claims by the Customer against I.B.I. S.r.l. in relation to the Purchase Contracts shall be communicated exclusively by e-mail to firstname.lastname@example.org.
Intellectual Property Rights
All trademarks (registered and unregistered), as well as any and every work of genius, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by laws and international conventions on intellectual property and industrial property, reproduced on the Site remain the exclusive property of I.B.I. S.r.l. and/or its assignors, without the Customer having any right over them as a result of access to the Site and/or the stipulation of the Purchase Agreements. Any use, even partial, of the same is forbidden without the prior written authorisation of I.B.I. S.r.l., in favour of which all the relative rights are exclusively reserved.
Applicable Law and Jurisdiction
These General Terms and Conditions and any and all contracts entered into with the Customer shall be governed by Italian law, without prejudice to the application of EU legislation and international treaties, where applicable, as well as national consumer protection legislation.