GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
1. Scope of application and contract conclusion
1.1 The sale of “NATURALSALUS” products (hereinafter referred to only as the “Product” or the “Products”) remotely via the website www.naturalsalus.it (hereinafter referred to as the “Site”) is governed by the following General Terms and Conditions of Sale (hereinafter referred to only as “GTCS”). For the purposes of the following General Terms and Conditions of Sale, the Purchaser and\or IMO S.p.A. (hereinafter referred to only as the “Vendor”) shall be individually or jointly, respectively referred to as the Party or Parties.
1.2 Vendor Information: the company IMO S.p.A., is the sole owner of all the industrial property rights related to the registered trademark NATURALSALUS. Its registered office is located in Milan, Via Vincenzo Monti, 6. Tax code 00714820156, VAT number 00714820156, email email@example.com.
1.3 The online sale of the Product(s) via the Site constitutes a distance contract governed by Chapter I, Title III (art. 45 and seq.) of Legislative Decree September 6, 2005, no. 206 (“Consumer Code”) and Legislative Decree April 9, 2003, No. 70, pertaining to e-commerce regulations.
1.4 These General Terms and Conditions of Sale apply to all sales of Product(s) made by NATURALSALUS via the Site (”General Terms and Conditions of Sale” or ”GTCS”) and can be modified at any time. Any changes shall go into force the moment they are published on the Site under the ”General Terms and Conditions of Sale” section, found at the footer of each Site page. It is recommended users regularly access the Site in order to consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale shall be those actively in force at the time and date the purchase order is sent for a Product.
1.6 Before proceeding with a purchase of any Products via the Site, users are hereby required to carefully consult these General Terms and Conditions of Sale, which IMO shall display in the ”General Terms and Conditions of Sale” section of the Site and which users are permitted to store and reproduce, as well as all other information IMO provides users on the www.naturalsalus.it Site both before and during the purchasing process.
2. Purchases on the Site
2.1 In order to proceed with a purchase, it is not necessary to create an account. The Purchaser can proceed with a purchase of any products as “Guest”, after having provided only the minimum data required to properly complete the order registration and shipping information on the Vendor’s servers. Purchases shall only be permitted to users acting in the capacity of consumers. Purchases can only be made by individuals 18 years of age or older.
2.2 Pursuant to Article 3, paragraph I (a) of the Consumer Code, it is recalled that a consumer is a natural person acting for purposes which are outside the user’s entrepreneurial, commercial, artisan or professional activities.
2.3 In the event of anomalous orders in terms of the quantity of the products purchased or the frequency of the purchases made, IMO reserves the right to take all necessary steps to end the irregularities, including suspending access to the Site, cancelling Site registration(s), or not accepting or cancelling such irregular orders.
2.4 Finally, IMO reserves the right to refuse or cancel orders that come from (i) a user with whom IMO has any ongoing legal dispute(s); (ii) a user who has previously breached these GTCS and/or the terms and/or conditions of the purchase agreement with IMO (iii) by a user who has been involved in any kind of fraud and, in particular, in credit card payment fraud; (iv) by a user who has provided false, incomplete or otherwise inaccurate identification data or who has failed to promptly send IMO the documents requested by IMO itself as part of the procedure set out in Articles 9.1.3 and 9.1.4 below or who have sent invalid documents.
3. Site Registration
3.1 Site registration is free of charge. To register on the Site, users must fill in the appropriate form, entering his or her name, surname, e-mail address and a password and click on the ”Continue” button. In the event that registration takes place during the purchasing phase, additional data shall be requested to complete the Purchaser master database.
3.2 Site registration enables users to carry out the following activities, amongst others, via a reserved and personal area:
- consult their own past order history;
- manage their own personal data and modify it at any time;
- add or modify saved credit card(s) or delete stored credit card(s) data;
- take advantage of dedicated services that might be activated from time to time by NATURALSALUS.
3.3 The registration credentials (i.e. e-mail address and password) are to be used exclusively by each user and shall not be passed on to third parties. Each user shall take all reasonable steps to keep them secret and to ensure that no third party has access to them and to inform IMO immediately, by contacting it at the contact number stated in Article 13 below, if any user suspects or becomes aware of any misuse or improper disclosure of them. Each user is permitted to register on the Site only once. Each user is prohibited from making multiple registrations. Should IMO discover that the same user has made multiple Site registrations, IMO reserves the right to immediately proceed, without the need to give prior notice, to block the NATURALSALUS account(s) in question.
3.4 The user guarantees that the personal information provided during the Site registration process is complete and truthful, and agrees to hold IMO harmless and indemnify from any and all damages, compensation claims and/or penalties arising out of and/or in any way connected with the user’s violation of the Site registration rules or the storage of registration credentials.
4. Information necessary to conclude the sale-of-goods contract
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 pertaining to provisions concerning e-commerce, IMO informs users that:
- In order to conclude the sale-of-goods contract for one or more Products on the Site, users must fill out the electronic format order form and electronically submit it to IMO, following all the instructions that are displayed on the Site;
- the sale-of-goods contract is concluded only when the order form reaches IMO’s server;
- before transmitting the online order form, users shall be enabled to identify and correct any data entry errors by following the instructions on the Site during the different purchasing stages;
- the online order form shall be stored on IMO’s database for as much time as needed to process the order form and, in any case, complying with all the procedures and time limits set out by law. Users shall be granted access to the order form and/or the data related to it via the user’s personal account in the “Purchases” section.
4.2 Italian is the only language available to users to conclude the purchase contract. Customer Service shall communicate with users in the same language.
5. Product Availability
5.1 Products available for purchase via the Site are those items displayed on the online catalogue published on the Site at the time the order is placed. Products can belong to different product categories (such as and purely by way of providing examples, food supplements, cosmetics, etc.).
5.2 Each Product shall have an information page (”Product Sheet”) describing its main features.
Unless expressly stated on the product sheets, it is intended that products are always available for purchase.
The definition of “available” means an in-stock product that IMO physically possess and, thus, immediately ready for shipment, except in exceptional and unforeseeable cases where the product is unsaleable because it is missing or is damaged at the moment of warehouse collection and therefore cannot be shipped and no other identical products are available to replace it with.
By completing the purchasing process, the Purchaser immediately proceeds with the purchasing of the product, as in accordance with the procedures indicated on the Site.
At the completion of an order, IMO shall send users an e-mail confirming receipt of the order with the identification number assigned to the order.
5.3 The availability of In-stock Products is continuously monitored and updated. However, given that the Site can be visited by several users at the same time, it could occur that the same Product is purchased by more than one user at the same instant. Therefore, in such cases, the Product may briefly appear available, but in reality it could be purchased by another user and so suddenly is out of stock or not immediately available, hence requiring restocking.
6. Product Information
6.1 Each Product shall have a Product Sheet. The images and descriptions published on the Site illustrate as faithfully as possible the characteristics of the Products. Furthermore, Product images displayed on the Site might differ slightly in size or in relation to any accessory products. These images must therefore be considered as indicative and remain subject to slight variations. For the purposes of the purchasing contract, the Product description contained in the online order form’s Product description transmitted by the user shall prevail.
The Purchaser is responsible for checking any warnings the product may have before continuing with the purchase, which can be checked on the product sheet outlined in the Information section, in order to rule out any possible intolerances or advice against use.
7. The Price
7.1 All Product prices displayed on the Site are in Euros and VAT inclusive. Delivery costs, which may vary depending on the chosen delivery location, shall be clearly indicated (in Euros and VAT inclusive) during the purchasing process, before the user is legally obliged by the contract, first in the online order summary and then summarised in the order confirmation e-mail.
7.2 IMO hereby reserves the right to alter Product prices at any time and if it is necessary, multiple times in the same day. It being understood that the Product price charged to users shall be the price that is indicated on the Site’s order form summary displayed to the user prior to placing the order, and will not take account of any variations (either increases or decreases) subsequent after the order has been transmitted.
7.3 In the event that a Product is being promoted on the Site at a discounted price, the Site shall indicate (i) the full reference price against which the discount is calculated and (ii) what that full price refers to.
8. Purchase Orders
8.1 The purchase contract shall be cancelled if the Total Amount Due is not paid or, in the case of credit card payment, if the Payment Authorisation referred to in Section 9.1.1 below is declined. If such payment is unsuccessful or if the Payment Authorisation, as referred to in Section 9.1.1 below, is unsuccessful, the agreement shall be terminated by right. Users shall be immediately informed of the nullification and the consequent cancellation of the order: (i) immediately after the transmission of the order, via the Site, if the user has chosen a credit card as the method of payment as well as by email; (ii) by email, if the user has chosen one of the other payment methods made available by NATURALSALUS, including PayPal.
8.2 Ownership of the Products shall be transferred to users at the moment of shipment, which means when the Products are physically handed over to the courier. The risk of loss or damage to the Products, for causes not attributable to IMO, shall be transferred to the user when the user or a third party designated by the user and so someone other than the courier, takes physical possession of the Products.
8.3 A user can cancel the order before having received the Shipment Confirmation (as defined in Article 9.1.1), provided that the order’s shipping process has not already been initiated. In this case, users shall not be charged for any costs. However, the right of withdrawal under the terms and conditions set out in Article 11 below shall remain unaffected.
8.4 In order to place a Product order via the Site, the GTCS must be first read and carefully examined by all users.
9. Method of payment
9.01 Payment for Products purchased via the Site can be made by the methods of payment set out in the following paragraphs.
9.1 Credit Card
9.1.1 Payment for Products purchased on the Site can be made by credit card directly via the Site. IMO accepts credit cards from VISA, Mastercard, AmericanExpress, Maestro circuits. IMO reserves the right to verify the validity of credit and\or debit cards, the card’s credit status in relation to the value of the order and the correctness of the buyer’s address (‘Payment Authorisation’).
It is possible that the credit card Payment Authorisation of a user might not have a positive outcome on the first attempt. Should this happen, IMO will notify the user via the Site and by email.
9.1.2 By ticking the box “Save your credit card details for future purchases” on the “Proceed with Payment” page during the purchasing process or by accessing the “Method of payment” section within the user’s personal account, users can authorise the storage of one or more user credit cards details for their re-use to authorize future payments of subsequent purchases made on the Site, thereby avoiding needing to re-enter a user’s credit card details at each new purchase. Users can, at any time, revoke the authorisation enabling the re-use of a user’s credit card details for subsequent purchases by accessing the “Method of payment” section within the user’s personal account and deleting the saved card(s) details.
9.1.3 In order to safeguard payment security on the Site and to prevent the possibility of fraud, IMO reserves the right to request users, by e-mail, to send back via email, a front/back copy of the user’s identity document and in case the user placing the order is different from that of the credit cardholder, of the latter’s identity document. The identity document sent back must be valid. The proof of identity e-mail request shall specify the deadline by which the document must be returned to IMO. Such deadline shall, in any case, not exceed 5 working days from the user receiving the request. The order shall be suspended pending receival of the requested document. Users shall be obliged to send back the requested document within the specified deadline.
9.1.4 In the event that IMO does not receive back the cardholder’s identity document within the deadline specified in the proof of identity email, or if IMO receives an expired or invalid identity document, the Purchase contract shall be terminated by right pursuant to and by effect of Art. 1456 of the Italian Civil Code, and the order consequently cancelled, without prejudicing IMO’s right to compensation for any damage(s) that might incur due to the user’s non-compliant behaviour. The termination of the contract, of which the user shall be notified by e-mail, within and not more than 5 working days from the deadline’s cut-off date to email back the requested proof of identity document, shall result in the cancellation of the order with the consequent reimbursement of the Total Amount Due, if paid, by re-crediting the same means of payment used. In case of timely receipt by IMO of the required valid documentation, the delivery terms applicable to the order shall start from the date of receipt of such documentation.
9.1.5 IMO uses Stripe.com secure payment service, through an advanced encryption technology system, using a secure server to guarantee maximum protection of all confidential data, ensuring reimbursement should problems arise. Confidential credit card data (card number, cardholder expiry date, security code) is all encrypted and transmitted in this way to the payment provider.
9.2.1 Without prejudice to the provisions of art. 9.01 above, payment for Products purchased on the Site can be made via PayPal. If users choose PayPal as the method of payment, users shall be redirected to the www.paypal.it website where users shall proceed with the payment of Products according to the procedures set out and regulated by PayPal and according to the terms and conditions of the contract entered into by users with PayPal. Data entered on the PayPal site shall be processed directly by PayPal and shall not be transmitted or shared with IMO. IMO is therefore not able to access and\nor store in any way the credit card data linked to users’ PayPal accounts or the data of any other payment tool connected to such accounts.
9.2.2 In the event of payment transactions via PayPal, the Total Amount Due shall be charged on to users by PayPal upon conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement shall be credited to users’ PayPal account. The time it takes to re-credit the payment tool linked to that account depends exclusively on PayPal and the banking system. After the crediting order to the user’s account has been transferred, IMO cannot be held liable for any delays or omissions in crediting the user with the refund amount, to dispute it users should contact PayPal directly.
10. Method, costs and terms of delivery
10.1 Products shall only be delivered within the Italian and European territories. Delivery obligations shall be deemed fulfilled when either transferring the material possession or otherwise handing over the control of the Products to the user.
10.2 At the moment of Product shipment, an e-mail shall be sent out to the user containing a link with the tracking number enabling the user to check the shipment status.
10.3 Delivery is a payable service, unless otherwise stipulated, the user shall bear all delivery costs. All payable delivery costs chargeable to the user shall be clearly expressed and indicated in a separate line (in euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to put the order through.
10.4 In the order summary and, thus, before the user proceeds to put the order through, the order’s total price shall be clearly indicated, with a separate line stating delivery costs and any additional costs. This total, which the user shall be clearly made aware of via the order confirmation e-mail, shall constitute the total amount due by the user in relation to the Product. For each sale concluded on the Site, IMO shall issue an invoice, sending it by e-mail to the purchase order holder. The invoice shall be issued on the basis of the information provided by the user when the order was placed via the Site and which the user guarantees is correct. It shall not be possible to make changes to the invoice after its issue. The user undertakes to hold IMO harmless and indemnified against any damages, including possible penalties, in the event that the information provided by the user via the Site for the issuance of the invoice is not truthful.
10.5 Delivery of purchased Products on the Site shall take place at the postal address indicated by the user in the order form.
10.6 Product delivery is intended to be at street level and shall be carried out from Monday to Friday during standard office hours (9:00 a.m. to 6:00 p.m.), excluding national holidays.
10.6.1 Users acknowledge that collecting the Products shall be their obligation. In the event of non-delivery due to the addressee’s absence, the courier shall leave a notice documenting the attempted delivery (so-called notice of passage). After two unsuccessful delivery attempts, the courier will put the undelivered package into storage, unless otherwise indicated. The user shall be obliged to pick the parcel up within 3 calendar days starting from the second day beginning from the date in which the Notice of passage was left.
10.6.2 The user is obliged to specify any particular characteristics relating to the Product delivery point and/or its physical location, by inserting a note in the order, in the space specifically provided for at the end of the purchase process and before sending the order. In the event that the user fails to provide such information or provides incorrect information, the user shall bear any additional costs that IMO might end up incurring to complete Product delivery.
10.7 Delivery Terms
10.7.1 IMO undertakes to deliver the Products that make the user’s order up, taking into account the delivery area and method of delivery selected, within 5 working days. The delivery period begins on conclusion of the contract (i.e. the placing of the order), unless otherwise stated.
10.7.2 In the event that the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Art. 61 of the Consumer Code, shall request IMO to complete the delivery within an additional time period appropriate to the circumstances (“Additional Term under Art. 61, III paragraph, Consumer Code”). If this additional time expires without the Products having been delivered, the user shall be entitled to terminate the contract (“Termination of Contract pursuant to Art. 61, paragraph III, Consumer Code”), without prejudice to the user’s right to compensation for damages. The user is not burdened with the obligation to grant IMO the Additional Term pursuant to Art. 61, paragraph III, of the Consumer Code (“Excluded Cases”) if:
- a) IMO expressly refused to deliver the Products;
- b) the compliance of the delivery time specified in section 10.7.1 must be regarded as essential, taking into account all the circumstances connected to concluding the contract;
- c) the user informed IMO, prior to concluding the contract, that delivery by or on a certain date is essential.
In the Excluded Cases, if users do not receive the Products within the delivery period specified in 10.7.1, users are entitled to terminate the contract immediately, without prejudice to their right to compensation for damages (”Termination of the Contract in Excluded Cases”).
The user shall notify the Additional Time Period pursuant to Article 61, paragraph III of the Consumer Code and the notice of Termination of the Contract pursuant to Article 61, paragraph III of the Consumer Code or of Termination of the Contract in Excluded Cases to IMO at the addresses indicated in Section 13 below.
In the event of Contract Termination pursuant to Article 61, paragraph III of the Consumer Code or Termination in Excluded Cases, IMO shall reimburse the user the Total Amount Due without undue delay.
In any case, IMO undertakes to promptly inform the user, and by e-mail, of delivery delay(s) at the same time indicating the new delivery date, if available, and, in the event that the user does not proceed to fix the Additional Term pursuant to Art. 61, paragraph III, of the Consumer Code or, if the conditions are met, for the termination of the Contract pursuant to Art. 61, paragraph III, of the Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice the possibility for the user to avail himself at any time of such remedies and/or of the ordinary means of protection made available by the law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, IMO undertakes, in any case, to:
- (i) in the event of a delivery delay of between 1 and 3 working days after the New Delivery Date, shall refund the delivery costs if already pre-paid back to the user if so requested, within 10 working days after expiry of the New Delivery Date or shall not request the user to pay for the delivery costs if they haven’t been paid for yet, if so requested;
- (ii) in the event of delivery with a delay of between 4 and 10 working days after the New Delivery Date, shall entitle the user, if so requested, to refuse delivery and terminate the contract, with the consequent reimbursement of the Total Amount Due, if already pre-paid, immediately and in any case within 10 working days of the request to terminate the contract or alternatively, if the user does not wish to terminate the contract, shall refund the delivery costs if already pre-paid back to the user, if so requested, within ten working days of the request or shall not request the user to pay for the delivery costs if they haven’t been paid for yet, if so requested;
In any case, IMO undertakes to promptly inform the user, and by e-mail, of delivery delay(s) at the same time indicating the new delivery date, if available, and, in the event that the user does not proceed to fix the Additional Term pursuant to Art. 61, paragraph III, of the Consumer Code or, if the conditions are met, for the termination of the Contract pursuant to Art. 61, III paragraph, of the Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice the possibility for the user to avail himself at any time of such remedies and/or of the ordinary means of protection made available by the law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, IMO undertakes, in any case, to:
10.7.3 In the event of failure to send the Delay Notice email or failure to fix the New Delivery Time in the previously mentioned email, all the above deadlines shall be calculated from the original delivery time.
10.7.4 Acceptance of the New Delivery Terms shall be promptly communicated to IMO by email to the address mentioned in Section 13 below.
10.7.5 In all cases where a refund is due to the user, the amount of the refund shall be communicated to the user by e-mail. It shall be re-credited to the original means of payment used by the user for the purchase, in the case of credit card or PayPal payments. In other cases, IMO shall ask the user for the necessary bank details to execute the refund. Any delays may depend on the bank or the type of credit card used.
10.7.6 It is the user’s responsibility to check the condition of the Product delivered to him/her. Notwithstanding the fact that the risk of loss or damage to the Products due to causes not attributable to IMO is transferred to the user, when the user, or a third party designated by the same and other than the courier, physically takes possession of the Products, the user is advised to verify the number of Products received and that the packaging is intact, not damaged, wet or in any case tampered with, including sealing materials (adhesive tape or metal staples) and the user is invited, in his own interest, to indicate on the courier’s transport document any anomalies, when accepting the package with reservations. Receipt of the Products without reservation does not entitle the user to take legal action against the courier in the event of loss of or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence on the part of the courier himself\herself and except for partial loss or damage that is unrecognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In the event that the packaging shows clear signs of tampering or alteration, the user is further advised to promptly notify IMO. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal warranty of conformity.
10.7.7 Persons who have failed to collected packages more than twice for different orders are not permitted to make new purchases on the Site. In the event that such persons place orders in violation of this provision, the purchase contract may be considered terminated by right pursuant to and for the purposes of Article 1456 of the Civil Code. The termination of the contract shall be communicated to the customer by e-mail.
11. Right of withdrawal from the purchase of Products
11.1 Pursuant to Articles 52 et seq. of the Consumer Code, the consumer has the right to withdraw from the Product purchase contract, without needing to provide any reasons nor incurring any costs other than those set out in Articles 11.5 below, within a period of fourteen calendar days (‘Withdrawal Period’). The Withdrawal Period expires after 14 days*:
- a) in the case of an order for a Product, from the day in which the user or a third party other than the courier and designated by the user acquires physical possession of the Products.
11.2 In order to exercise the right of withdrawal, users must inform IMO of their decision to withdraw before the Withdrawal Period date expires.
11.3 In order to exercise the right of withdrawal, users must send an email to firstname.lastname@example.org and must include the following wording in the email’s subject line “Withdrawal of order nr XX of XX/XX/XXX” (see data in the order confirmation sent to the Purchaser), while the email’s body of the text users must include the following information):
- First and last name;
- Telephone number;
- Order identification number;
- Article code of the article requesting to return;
- Reason(s) for return (optional);
- Specify preference to either have the Product exchanged or be refunded.
11.4 IMO shall send users an e-mail confirming receipt of the cancellation request.
11.5 The Purchaser has the right to withdraw without incurring any penalties, the only costs to be borne by users are all shipping costs for returning the product.
Returned or exchanged goods must be sent to IMO logistics centre at the following address: IMO S.p.A. – Via Firenze 34, 20060 Trezzano Rosa (MI) – Italy
11.6 Users are deemed to have exercised their right of withdrawal within the Withdrawal Period, if the Purchaser sends a communication stating the will to exercise the right of withdrawal before the Withdrawal Period date expires.
11.7 Users must return Products to IMO, via a courier of their choice and own expense, without undue delay and in any event within a period of 14 calendar days* from the date users have informed IMO of their decision to withdraw. The deadline is met if Products are sent back before the expiry of the fourteen day period (“Returns Period”). Products, properly protected and packaged, must be sent to the address indicated in Section 11.5. Users shall bear all direct costs of returning Products to IMO. The return of Products to IMO takes place at the responsibility and at the expense of users.