General Conditions of Sale
Date of publication on the website and entry into force 11 January 2021
1. Definitions and Scope
In these general terms and conditions of sale:
- a) “Customer” means any person, whether a Consumer (“Consumer Customer”) or professional (“Professional Customer”), registered or otherwise, purchasing one or more products through the Website.
- b) “Consumer Customer” means the Customer purchasing one or more products on the Website for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out.
- c) “Professional Customer” means the Customer purchasing one or more products on the Website in the exercise of its entrepreneurial, commercial, craft or professional activity or its intermediary.
- d) “Unilever Mkt” means Unilever Italia Mkt Operations s.r.l., with registered office in Rome, Via Paolo di Dono no. 3/A, Tax Code and VAT no. 06397510964, registration number in the Company Register of Rome 06397510964, REA no.1222746, e-mail address firstname.lastname@example.org toll-free number 800.800.121
- e) “Website” means the e-commerce website www.yuzen.com
Further definitions may also be indicated below in the text of these general terms and conditions.
1.2.1. These general terms and conditions govern the sale of products (the “Products”), through the e-commerce website www.yuzen.com in accordance with Legislative Decree no. 206/2005 (“Italian Consumer Code”) and subsequent amendments and additions, where applicable, as well as the provisions of Legislative Decree no. 70/2003 and the provisions of the Italian Civil Code, insofar as not provided for herein. The Website is the property of Unilever Mkt, as defined above, acting as Seller.
1.2.2 Unilever Mkt sells Products through the Website in its own name and on its own behalf. Purchases of Products through the Website will have as parties Unilever Mkt, as defined under Clause 1.1. above, as Seller (the “Seller”), and the Customer, whether Consumer or Professional Customer, as defined under Clause 1.1 above, purchasing one or more Products through the Website, (Seller and Customer may be hereinafter collectively referred to as the “Parties”).
1.2.3. Any notice from the Customer connected and/or relating to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products – may be sent to the Seller at the following e-mail address email@example.com or by phone at the toll-free number 800 800 121.
1.2.4. Before sending the order, the Customer accessing the Website must carefully read these General Terms and Conditions of Sale (the “General Terms and Conditions”) which are always available in the footer of the Website and which, as indicated under Clause 3.2 below, are available to the Customer – via a special link – for reading and acceptance before sending each order.
1.2.5. Each purchase is governed by these General Terms and Conditions of Sale in the version that will be published on the Website at the time the Customer sends the order.
1.2.6. The Seller reserves the right to modify these General Terms and Conditions of Sale at any time, at its own discretion, without prior notice to Website users. Any modifications made will be effective as of the date of publication on the Website and will only apply to those sales completed on or after that date.
1.2.7. Upon sending the purchase order, the Customer accepts that the confirmation and the summary of the information relating to his/her order will be sent via e-mail to the address indicated by the same during the purchase process.
1.2.8. To make purchases through the Website, the Consumer Customer must be of legal age (18 years old) and in the capacity to act, which the Consumer Customer declares to be. The person entering into the agreement on behalf of the Professional Customer declares to have the necessary powers to enter into the agreement for the purchase of the Products on the Website and/or to register on the Website on behalf of the Professional Customer, thus validly committing the Professional Customer vis-à-vis the Seller.
1.2.9. Any expenses for the internet connection to the Website, including telephone costs, shall be borne exclusively by the Customer, according to the rates applied by the operator selected by the Customer.
1.2.10. The procedure to enter into the agreement and these General Terms and Conditions are available in Italian.
1.2.11. The Website can be accessed from all over the world; however, deliveries will only be made within the Italian borders.
2. Product Characteristics
2.1. The characteristics of the Products are indicated and described on the Website. More specifically, the Website has a Product Sheet for each Product, describing the main characteristics and including the necessary information in compliance with the regulations in force.
2.2. The images on the Website reproduce the Products as faithfully as possible. However, they are for illustrative purposes only and should be understood as indicative, applying the customary tolerance for any difference. In any case, reference should be made to the information and indications describing the characteristics of the Products contained in the Product Sheet.
3. Formation of the Agreement
3.1. The presentation of the Products on the Website shall be construed as an invitation to the Customer to make a contractual purchase offer and not as an offer to the public.
3.2. The purchase order is sent by the Customer to the Seller by clicking the “Buy now” button and has the value of a contractual offer. The purchase order is governed by these General Terms and Conditions of Sale, which are an integral part of the order and which the Customer must accept in full upon sending the order to the Seller. More specifically, before proceeding with the final submission of the order for the purchase of the Products through the “Buy Now” button above, the Customer must carefully read these General Terms and Conditions of Sale and may to print a copy thereof through the print command and/or to store or reproduce a copy for his/her own files. Furthermore, the Customer will have the opportunity to identify and rectify any errors in entering their data before sending the order as will be indicated on the Website.
3.3. The Customer’s purchase order is accepted by the Seller by sending the Customer an e-mail confirming the order at the e-mail address stated by the latter to the Seller at the time the order was sent. This confirmation will contain the link to these General Terms and Conditions of Sale, the summary of the order placed, including the description of the characteristics of the Product ordered, the agreed price and all other information required by law. The Customer’s order, the Seller’s order confirmation and the General Terms and Conditions of Sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Customer may request a copy by sending an email to the Seller at the following address firstname.lastname@example.org.
3.4. At the time of ordering, a pre-authorization will be requested on the credit card corresponding to the amount of the order. This amount will only be charged when the Products are shipped.
3.5 In the event of anomalies or irregularities resulting at the time of pre-authorization and/or payment, the Seller reserves the right not to accept the order or to terminate any agreement already entered into, without the Customer being entitled to any compensation for damages or to make other claims.
3.6. In the event of exceptional unavailability of the Products ordered, the Seller will notify the Customer by e-mail within 48 hours of sending the order and will cancel the order. In this case, no charge will be made to the Customer’s credit card and the Seller will forward a request for release of the pre-authorized amount.
3.7. If only a part the Products included in the same order is unavailable due to exceptional circumstances, the Customer will receive, within 48 hours of sending the order, an email containing a summary of the available Products that will be shipped. Only the price for the Products shipped will be charged and a request for release of pre-authorized and unused amounts will be made. The Customer’s legal rights, including the right to refuse partial performance, remain unaffected. If the Customer refuses the partial performance, the Seller will refund the amounts paid by the Customer, including those for the delivery of the Products, and will bear the costs of returning the Products. The Customer may contact the Consumer Service at any time by writing to the e-mail address email@example.com or by calling the toll-free number 800 800 121.
3.8. If the exceptional partial unavailability of the Products occurs with reference to orders totalling over EUR 39,00, the Customer will still be guaranteed free delivery under Clause 6.1. below, even if the total of the Products delivered is lower than this amount.
3.9 The timing of the re-crediting of the sums to the Customer does not depend on the Seller but on the timing of the banking circuit. Consequently, once the Seller has requested the release of the pre-authorized amount, in no event shall the Seller be liable for any damages, direct or indirect, caused by the delay in the release of such amount.
4. Product selection and purchase procedure
4.1. The Customer may purchase the Products presented on the Website by selecting the Products of his/her interest and placing them in the virtual shopping cart. Once the selection of the Products has been completed, to complete the purchase of the Products added to the cart, the Customer will be asked to provide his/her data to complete the single order and allow the conclusion of the agreement.
4.2. For each order, the Customer will be asked to follow a four-section electronic purchase procedure. The first section is the invoicing data section, where Customer may request an invoice by entering the data necessary for electronic billing. In the second section, the Customer must enter personal and contact information and indicate the address for the delivery of the Products. The third section concerns the method of delivery and the relevant time and cost; the fourth concerns the method of payment. At the end of the process, the Customer may confirm or change his/her billing information.
4.3 Once the above sections have been filled out, the Customer will view a summary of the data and the order, the contents of which may be modified following the procedures indicated on the Website. By clicking on the “Buy Now” button, the Customer confirms his/her acceptance of these General Terms and Conditions and his/her order, which will thus be definitively sent to the Seller and will produce the effects described in the previous Clauses 3.2. and 3.3. of these General Terms and Conditions.
4.4. The Customer guarantees that the personal information provided during the procedure of purchase and/or registration to the Website is complete and true and acknowledges and accepts that, in the event of inaccurate information or information not referable to the identity of the Customer, the Seller may be unable to perform the purchase and/or registration. The Customer is responsible for the confidentiality of his/her username and password and undertakes to keep them with the utmost diligence. In any case, the Customer is responsible for all activities carried out under his/her name of his/her account.
4.5. The Customer therefore undertakes to hold the Seller harmless and indemnified from any damage, obligation to pay compensation for damages and/or sanction arising from or in any way connected to the breach by the Customer of the aforementioned rules of registration and/or purchase on the Website and/or storage of registration credentials.
5. Delivery of goods
5.1. The Website indicates the methods and times of delivery of the Products, in accordance with the provisions of the Italian Consumer Code and applicable legislation.
5.2 Couriers are not allowed to leave the Products unattended. Therefore, should the recipient be unavailable at the time of delivery at the address provided, the Seller – also through the courier appointed by the Seller itself – will attempt to contact the Customer at the telephone number and/or email address provided by the latter at the time of purchase of the Products, to arrange delivery. If the second delivery is unsuccessful due to unavailability of the Customer, the Seller will contact the Customer at the addresses provided by the latter. If, even after this last contact, it is not possible, for reasons not attributable to the Seller, to deliver the Products ordered after 30 days from the date of the first shipment to the Customer, the Seller will assume that the Customer intends to terminate the agreement, which will therefore be considered as terminated. As a result of the termination of the agreement, the Seller will return to the Customer the amounts paid, including delivery costs, within 14 days from the date of termination of the agreement.
5.3. The Products ordered by the Customer will be shipped through a Courier selected by the Seller, as indicated on the Website in the relevant section. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, we recommend that Customer refuse the delivery by the carrier/forwarder or accept delivery “under reserve”. This is without prejudice to the application of the legal guarantee of conformity under the Consumer Code, for Consumer Customers, and the warranty for defects of the good sold established under the Italian Civil Code, for Professional Customers, both referred to under Article 8 of these General Terms and Conditions.
6. Prices, shipping costs, taxes and charges
6.1. The price of the Products is indicated on the Website with reference to each Product at the time the Customer sends the order. Prices include any applicable tax, but do not include shipping costs, which are shown separately on Website and in the order summary that the Customer views before submitting the order. Shipping will be free of charge for orders for an amount equal to or higher than EUR 39.00 (thirty-nine/00).
6.2. Products can only be delivered within the Italian territory.
7.1 Payment for Products purchased on the Website will be made by credit card. The Website will indicate the types of credit cards that can be used for payment. The Customer represents and warrants that he/she is entitled to use the credit card indicated on the Website for the payment of the Products on the Website. Therefore, the Customer assumes all responsibility to that effect and agrees to hold the Seller harmless and indemnified from any prejudice, damage, obligation, cost or expense arising out of or in any way relating to Customer’s breach of this warranty.
7.2. As indicated under Clause 3.4 above, the price will only be charged to the Customer at the time of shipment of the Products.
7.4. Any refunds due to the Customer, for any reason, will be credited, through the same payment method used by the Customer at the time of the purchase.
7.5. The Seller may allow additional payment methods, indicating them in the payment section of the Website.
7.6 The Seller, where provided for under the legislation in force, will send an analogue copy of the electronic invoice relating to the purchase made to the e-mail address indicated by the Customer.
8. Seller’s Legal Warranty (“Garanzia Legale del Venditore”)
All the Products purchased through the Website are covered by the legal guarantee, the rules of which change depending on whether the Customer is a Consumer Customer, to whom the legal warranty of conformity set forth under the Italian Consumer Code applies, or a Professional Customer, to whom the warranty for defects of the good sold set forth under the Italian Civil Code applies.
8.1. Consumer Customer
The legal warranty of conformity set forth under the Italian Consumer Code applies to the sale of Products to the Consumer Customer. The Seller shall be liable vis-à-vis the Customer Consumer for any lack of conformity of the Products sold existing at the time of delivery and which becomes apparent within two years from the delivery. The lack of conformity must be reported by the Consumer Customer to the Seller within 2 months of the date on which the Consumer Customer discovered the defect. Unless there is proof to the contrary, it shall be presumed that the lack of conformity which becomes apparent within 6 months from the delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product (for example, because it is perishable or because it is subject to a shorter expiry date) or with the nature of the lack of conformity (for example, due to slight deterioration caused by wear and tear). The damages and / or anomalies caused by the Customer Consumer and not deriving from a lack of conformity are excluded from the legal warranty.
8.1.2. A lack of conformity will be construed as existing when the Product: (i) is not suitable for the use for which it should normally serve; (ii) does not conform to the description or does not have the qualities presented by the Seller; (iii) does not offer the usual qualities and performance of goods of the same type; (iv) is not suitable for the specific use intended by the Consumer if such use had been brought to the knowledge of and accepted by the Seller at the time of purchase.
8.1.3. In the event of a lack of conformity under the Italian Consumer Code, the Consumer Costumer may request, at his/her discretion, the Seller to repair the goods or replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other. More specifically, pursuant to Article 130, Paragraph 4, of the Italian Consumer Code, a remedy is to be considered excessively burdensome if it imposes unreasonable expenses on the Seller compared to the other remedy, taking into account: a) the value that the Product would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.
8.1.4 The Consumer Customer may also request, at his/her discretion, an appropriate reduction in price or the termination of the agreement, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively burdensome; (ii) the Seller has not repaired or replaced the Product within a reasonable period of time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the Consumer Customer. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the agreement.
8.1.5. The Consumer Customer must send the report of defects and non-conformities to the Seller via e-mail to the e-mail address firstname.lastname@example.org specifying the defect and/or non-conformity found, attaching – if possible – the documentation proving the defect and/or non-conformity, as well as the documentation proving the date of purchase (e.g. the order confirmation sent by the Seller and/or the fiscal receipt). Once the complaint is received, the Seller shall provide the Consumer Customer with all the necessary information regarding the procedures to be followed to use the legal warranty.
8.1.6 If the Seller must refund the price to the Consumer Customer, the refund will be made, where possible, through the same method of payment used by the Consumer when purchasing the Product.
8.2 Professional Customer
The Products purchased by a Professional Customer are covered by the warranty for defects under Articles 1490 and ff. of the Italian Civil Code; the legal action of the Professional Customer to enforce the warranty for defects is time-barred after 1 (one) year from delivery of the purchased product and the pertaining defects shall be reported within the terms set forth under Article 1495 of the Italian Civil Code.
9. Liability for defective products
9.1. The relevant provisions of Legislative Decree no. 206/2005 (Italian Consumer Code) will apply to any damages caused to Consumer Customers by defects of the Products. For Professional Customers, the relevant applicable legislation shall apply.
10. Right of withdrawal for the Consumer Customer
10.1. Without prejudice to the cases of exclusion under Clause 10.7 below, the Consumer Customer has the right to withdraw for convenience from the purchase agreement within 14 (fourteen) days from receipt of the Products without having to incur costs other than those of returning the Products to the Seller, as set forth under the following Clause 10.3, in accordance with Article 57, Paragraph 1, of the Italian Consumer Code. The information on the right of withdrawal will always be available on the Website. In the event of separate delivery of more than one Product ordered by the Consumer Customer with a single order the term of 14 (fourteen) days for the exercise of the right of withdrawal will start from the day on which the last Product is delivered.10.2. Within the 14-day term above, the Consumer Customer must notify the Seller of his/her intention to withdraw from the agreement:
a) by sending to the Seller, by registered letter with acknowledgement of receipt, to the address Unilever Italia Mkt Operations s.r.l., Via Paolo di Dono no. 3/A, Postal Code no. 00142 Rome, Italy, for the kind attention of Consumer Service or by e-mail at consumer- email@example.com, the appropriate form correctly completed, in accordance with Annex I, Part B, of the Italian Consumer Code [click here to download the form to exercise the right of withdrawal],
b) by sending to the Seller any other statement indicating his/her intention to withdraw from the Agreement. This statement may be sent by the Consumer Customer to the Seller by e-mail at consumer- firstname.lastname@example.org or by registered letter with acknowledgement of receipt to Unilever Italia Mkt Operations s.r.l., Via Paolo di Dono no. 3/A, CAP 00142 Rome, for the kind attention of Consumer Service.
The Seller will promptly confirm to the Consumer Customer – via e-mail at the e-mail address provided by the latter during registration or purchase of the Products – receipt of the notice of withdrawal exercised by providing instructions for proceeding with the return of the Product/s.
10.3. The Consumer Customer will bear direct costs for returning the Products to the Seller . The Consumer Customer shall return the Products within 14 (fourteen) days from the date on which he/she notified to the Seller his/her decision to withdraw from the agreement. The deadline is met if the Consumer Customer returns the Products before the expiry of the 14 (fourteen) day term. The return of the Products shall be made to Unilever Italia Mkt. Operations S.r.l. at Via Paolo di Dono no. 3/A 00142 Rome.
10.4. The Consumer Customer is only liable for the decrease in the value of the goods resulting from handling the Products in a manner different from that necessary to establish the nature, characteristics and functioning of the Products. The Products shall in any case be stored, handled and inspected with standard care and returned complete in all their parts, accompanied by all accessories, instruction sheets, labels and tags.
The withdrawal applies to the Product in its entirety. Therefore, the withdrawal cannot be exercised in relation to parts and / or accessories of the Product, or for individual products included in kits, gift packs or similar packages that are sold to the Consumer Customer.
10.5. If the right of withdrawal has been validly exercised by the Consumer Customer within the terms, the Seller shall refund to the Consumer Customer the entire amount paid for the purchase of the Products, including the shipping costs originally incurred at the time of purchase, within 14 (fourteen) days from the date in which the Seller is informed of the Consumer Customer’s decision to withdraw from the agreement, without prejudice to the Seller’s right to suspend the refund until actual receipt of the Products or until the Consumer Customer has proven to have returned the Products, depending on which situation occurs first.
10.6. The refund will be made using the same methods of payment used by the Consumer Customer at the time of purchasing the Product, unless the latter has expressly requested a different method by sending an e-mail to email@example.com.
10.7. Cases of exclusion of the right of withdrawal
Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal is excluded in the following case:
- Sealed products that are not suitable for return due to hygienic or health protection reasons and have been opened after delivery.
10.8 If the right of withdrawal has been exercised, the Consumer Customer, at his/her discretion, shall have the right to request from the Seller, in lieu of the refund of the price paid for the Product subject to withdrawal and the costs originally incurred for delivery, a voucher of equal value to spend over purchases on the Website. This option is intended to be an advantage for the Consumer Customer and cannot be construed in any way as a limitation of his/her right of withdrawal. The voucher will only be issued if expressly chosen by the Consumer Customer. In all other cases, including the case in which the Consumer Customer does not make any choice – the Seller will proceed with the refund in accordance with the law and as provided above.
10.9 Professional Customers
The right of withdrawal applies to Consumer Customers and, therefore, the previous paragraphs of this Clause 10 do not apply to agreements entered into with Professional Customers.
11. Intellectual Property Rights
11.1. The Customer states that he/she has been informed that: i) no rights on the trademarks that distinguish the Products will derive from the access to the Website and/or from the purchase of the Products; and ii) the trademarks will remain the exclusive property of their respective owners.11.2. The partial and/or full reproduction of the contents of the Website is forbidden, as is their transfer by electronic or conventional means, their modification or use for any purpose.
12. Customer data and privacy protection
13. Applicable law, jurisdiction and European platform for extra-judicial dispute settlement
13.1. Any sales agreement entered into between the Seller and the Customers pursuant to these General Terms and Conditions of Sale shall be governed by and construed in accordance with Italian law. The rights that may be attributed to the Customers by mandatory provisions of law in force in their own Country shall remain unaffected.
13.2. The Court of the place where the Consumer resides or has elected domicile shall have exclusive jurisdiction over any dispute vis-à-vis the Consumer Customer concerning the validity, effectiveness, interpretation or performance of each agreement regulated under these General Terms and Conditions.
13.3. Pursuant to Article 14 of EU Regulation no. 524/2013, we inform the Consumer that in the event of any dispute, he/she may lodge a complaint through the European Online Dispute Resolution (ODR) platform made available to Consumers by the European Commission. The platform can be reached at this link and provides a gateway for Consumers to resolve extra-judicial disputes arising from agreements for the sale of goods or online services.
Unilever Italia Mkt Operations S.r.l., with registered office in Rome, Via Paolo di Dono no. 3/A, Tax Code and VAT no. 06397510964, share capital 25,000,000, e-mail address firstname.lastname@example.org.