These conditions are valid exclusively between A.G. COSMETICI di Giacobazzi Alberto, with registered office in P.zza Delle Rose, 21 41042 Fiorano Modenese (MO), P.Iva IT03744440367, CF GCBLRT91A09I462X, hereinafter referred to as DARLING and any person who makes purchases online on the website www.darlingsun.com hereinafter referred to as “CUSTOMER”. These conditions may be subject to change and the date of publication of the same on the These terms and conditions govern the purchases made on the website www.darlingsun.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. n. 206/2005, amended by Legislative Decree no. n. 21/2014 and by the Legislative Decree. 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contractsite is equivalent to the date of entry into force
With these general conditions of sale, DARLING sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.darlingsun.com. The contract is concluded exclusively through the Internet, through the access of the CLIENT to the address www.darlingsun.com and the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to examine, before proceeding with the confirmation of their order, these general conditions of sale, in particular the pre-contractual information provided by DARLING.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CLIENT takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of the choice by the CLIENT.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- il termine entro il quale DARLING si impegna a consegnare la merce;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of the present conditions) as well as a withdrawal form as per Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by DARLING.
The CLIENT can at any time and in any case before the conclusion of the contract, be aware of the information relating to DARLING, the geographical address, telephone and fax number, e-mail address.
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by DARLING to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify DARLING of any corrections.
The CLIENT has the possibility to cancel the order placed no later than one hour after receiving the confirmation e-mail.
DARLING undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.darlingsun.com do not constitute a contractual element, as they are only representative.
DARLING undertakes to deliver the goods within 30 days of DARLING sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation e-mail sent by DARLING, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be informed immediately by e-mail.
If the CLIENT requests the cancellation of the order, by terminating the contract, DARLING will reimburse the amount paid within 14 days from the day on which DARLING was informed of the customer’s decision to terminate the contract.
If the CLIENT requests the cancellation of the order, in the terms of article 3, DARLING will reimburse the amount paid within 30 days from the moment in which the CLIENT has decided to terminate the contract.
ARTICLE 5 – Methods of payment
Any payment by the CUSTOMER can only be made via credit cards via PayPal at www.darlingsun.com or by bank transfer.
In the event that the method of payment chosen is the bank transfer, it should be noted that only payments sent within and not more than 48 hours from the order will be accepted, and that the order must be considered canceled after that time.
ARTICLE 6 – Prices
All sales prices of the products indicated on the www.darlingsun.com website are expressed in Euro and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made.
The CUSTOMER accepts DARLING’s right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time the order is created and indicated in the confirmation e-mail sent by DARLING to the CUSTOMER. Shipments outside the European Union provide for the payment of import taxes, which are the sole responsibility of the customer.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by DARLING, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be reimbursed within 30 days. from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CLIENT has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 15 days from the date of receipt of the products.
The CLIENT who intends to exercise the right of withdrawal must communicate it to DARLING through an explicit declaration, which can be sent by registered mail to. .
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract.
In case of exercise of the right of withdrawal, the CLIENT is required to return the goods within 15 days from the day on which he communicated to DARLING his wish to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to A.G. COSMETICS di Giacobazzi Alberto e P.IVA IT03744440367, P.zza Delle Rose, 21 41042 Fiorano Modenese (MO) -ITALY-
The direct costs of returning the products are charged to the CUSTOMER.
The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. In no case will be replaced or refunded merchandise that has not been made in perfect condition.
Without prejudice to the right to verify compliance with the above, DARLING will refund the amount of products subject to withdrawal within a maximum period of 30 days, excluding shipping costs incurred in the amount of € 15 for Italy and € 50 for other countries.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, DARLING may suspend the reimbursement until receipt of goods or until the demonstration by the CLIENT that he has returned the goods to DARLING.
DARLING will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise his right of withdrawal, he must provide DARLING, by accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement, by DARLING .
ARTICLE 8 – Delivery methods
DARLING will accept orders to be delivered all over the world. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days. from the date of receipt by the CLIENT of the order confirmation e-mail sent by DARLING.
For every order placed on the www.darlingsun.com website, DARLING can issue an invoice for the goods shipped. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
ARTICLE 9 – Responsibility
DARLING assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.
ARTICLE 10 – Access to the site
The CLIENT has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of A.G. COSMETICS di Giacobazzi Alberto e P.IVA IT03744440367, and are protected by the intellectual property right.
ARTICLE 11 – Cookies
The www.darlingsun.com website uses “cookies”. Cookies are electronic files that record information relating to the navigation of the CUSTOMER in the site (pages consulted, date and time of the consultation, etc. ..) and that allow DARLING to offer a personalized service to its customers.
DARLING informs the Customer of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from purchasing online.
ARTICLE 12 – Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 13 – Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General sales conditions updated on 01 February 2018