The offer and sale of products on our E-commerce are regulated by these general conditions (hereinafter "General Conditions”), which regulate the relationship between Italian Monster Company Pte Ltd with registered office in Singapore 60 Paya Lebar Road #07-54 409051 UEN: 201539095M, having email address info@respiraskincare.com, in the person of the managing director Mr. Antonio Moschetto, email mosant1969@gmail.com (hereinafter “Company”) and the Customer.
1. DEFINITIONS
The terms and expressions listed below have the meaning specified below; it is understood that the terms defined in the singular are also defined in the plural and vice versa:
Consumer: any natural person who operates on E-commerce for purposes not attributable to any entrepreneurial, commercial, artisanal or professional activity, with an age equal to or greater than 18 (eighteen) years.
Customer: any Consumer who purchases one or more Products through E-commerce, in compliance with the General Conditions.
E-commerce: indicates the virtual store available at the URL https://www.respiraskincare.com through which it is possible to purchase the Products.
Parts: means the Company and the Customer jointly.
Products: means the items offered in the E-commerce for sale.
Personal Area: indicates that part of the E-commerce, for the exclusive use of the Customer, through which the Customer can access specific functions provided by the Company, following authentication.
Website: means the following website: https://www.respiraskincare.com
2. SUBJECT
The General Conditions regulate the online sale of the Products by the Company to the Customer.
The essential characteristics of the Products are illustrated in each product sheet provided in the E-commerce.
The images and colors of the Products reproduce the real characteristics of the Products as faithfully as possible. In any case, the images are shown for illustrative purposes only and may not correspond completely to reality, also for technical reasons. Consequently, the Company cannot be held responsible for any inadequacy of the images of the Products shown in the E-commerce, if due to the aforementioned technical reasons. The Company will do everything reasonably possible to ensure that the reviews of the Products published by users on the Website are actually Consumers who have purchased and/or used the Products. The reviews published on the Website may not be fully verified and/or correspond completely to reality, also for technical reasons.
The Company offers the sale of its Products and carries out its online sales activity exclusively to Customers who are Consumers.
If the Customer is not a Consumer, he is invited to refrain from making any purchases through E-commerce.
In accordance with its commercial policy, the Company reserves the right not to process any order not originating from a Consumer or, in any case, any order not in compliance with its commercial policy, at its sole discretion.
Information on the range of Products sold via E-commerce is available, with Product references, on the Website. In any case, the Company reserves the right not to accept orders that appear unusual in relation to the quantity of Products purchased or the frequency of purchases.
The Customer is expressly prohibited from reselling, renting, leasing, or transferring, for any reason and for any commercial and/or professional purpose, the Products purchased on the E-commerce site.
3. PURCHASE COMPLETION
3.1 Registration: to purchase the Products provided by the E-commerce, it is possible to proceed after registration or as a guest user. To register, the Customer must carefully complete and send the appropriate form through the tools made available from time to time, indicating his/her personal data in the appropriate fields. The Customer ensures that the information and personal data provided during the registration procedure and in a subsequent phase are complete and truthful.
Registration will be effective only when the Customer receives the confirmation email and opens the link contained therein. At the end of this procedure, a Personal Area will be created for the Customer, who will be able to view their purchases, check their wish list and change their credentials. The registration credentials, as well as access to the Personal Area, will be used exclusively by the Customer and will never be given to third parties. The Customer undertakes to keep them confidential and to ensure that no one can access them, also adopting all appropriate security measures in order to minimize the risk of any unauthorized, prohibited and unsuitable access to the Personal Area, promptly reporting to the Company whenever he suspects improper use or unauthorized or prohibited access to the Personal Area.
3.2 Conclusion of the purchase: after registration, it will be possible to start the purchase procedure. Before proceeding, the Customer must read the General Conditions, paying particular attention to the withdrawal clauses, as well as print a paper copy and save a copy on a permanent storage device that allows the Customer to store the information relating to him, to access it in the future for an adequate period of time and to reproduce the stored data identically.
To purchase Products on the E-commerce, the Customer must fill out the electronic order form and send it to the Company, electronically, following the instructions provided in the E-commerce.
Before sending the order form, the Customer must detect and correct any errors in filling in the data, verifying the chosen Product. In the event that the data is not compliant, it is possible to modify it by clicking on the “modify data” button. In any case, in order to better protect the Customer, the Company will send him/her by email a receipt of the purchase order with a summary of the information contained in the order form. The Customer must verify the delivery of the documentation, checking, if necessary, his/her spam mailbox.
The Customer must also check the final price before sending the relevant order form, it being understood that the price applied to the Product will be the one displayed on the Website at the time of the order by the Customer.
The contract for the purchase of the selected Product(s), with full application and effectiveness of the General Conditions, will be considered concluded when the Company receives payment from the Customer, following electronic transmission of the duly completed order form.
By sending the order form and paying the amount due, the Customer confirms that he has understood the General Conditions, as well as any additional information provided in the E-commerce.
Upon conclusion of the purchase in accordance with the General Conditions, the Company will take charge of the purchase order.
The languages available for the stipulation of the General Conditions are: Italian, English.
Occasionally, there may be problems with the availability of some Products. In such circumstances, the Company will promptly inform the Customer via email and offer him the possibility of choosing between purchasing an item of the same nature as the one no longer available or cancelling the order. If the Customer chooses to cancel the order, he will be refunded within 7 working days.
4. ORDER AVAILABILITY
The Company expressly reserves the right not to indicate the availability of the Products included in the E-commerce. The type and availability of the Products may change at any time without any liability of the Company towards the Customer.
The Company will not be able to execute purchase orders that include incomplete or untrue data, or in the event of a Product not being available.
In the event that the Products displayed in the E-commerce are no longer available or are not on sale at the time of transmission of the order form and the Company cannot, consequently, follow up on the purchase order, the Company will inform the Customer via email and will refund the amount already paid within 10 working days.
5. WARRANTY
Each Product sold through E-commerce is subject to the legal guarantee, provided directly by the Company, in accordance with applicable law.
The warranty must be asserted directly by the Customer within 2 (two) months of discovering the defect, by sending an email to the Company, explaining the defect found. To this end, the Customer is required to keep the purchase receipt.
Unless proven otherwise, it is presumed that the lack of conformity which becomes apparent within 6 (six) months of delivery of the Product was already present at that time, unless this is compatible with the type of product or the type of defect.
After notification of the lack of conformity, the Company reserves the right to propose appropriate remedies to the Customer.
In the event of a lack of conformity, the Customer has the right to have the Product brought into conformity, free of charge, through repair or replacement, or to an adequate reduction in price or to the termination of the General Conditions.
The Customer may ask the Company, at its discretion, to repair or replace the Product, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
A small lack of conformity for which it was not possible, or it would have been excessively expensive, to carry out the repair or replacement, does not give the right, in any case, to the termination of the purchase contract pursuant to the General Conditions.
6. AFTER-SALES ASSISTANCE
After-sales assistance is provided directly by the Company, which can be contacted, for any questions, at the address: info@respiraskincare.com. The Company reserves the right to provide after-sales assistance via email or WhatsApp.
7. PRICES
Product prices and related shipping costs may be subject to change and include VAT.
For example, the price includes VAT if the Products are shipped and delivered within the European Union. If the Products are shipped and delivered outside the European Union, the price does not include VAT.
The prices of the Products, including charges, taxes and duties, are listed in the Product sheet. Shipping costs are specified in the order form.
Shipping costs within the European Union are free with a minimum spend of €99.
The prices indicated in the product sheet are valid until the end of the purchase procedure.
If the price of a Product is discounted and the discount percentage and/or the original price are displayed, this information will refer to the price normally applied on the E-commerce.
Any taxes, duties, customs duties and other charges provided for by the law of the country in which the Products will be delivered will be entirely borne by the Customer and will be paid by the latter upon delivery of the Products, directly to the competent tax or customs authorities or to the courier who made the delivery.
8. PAYMENT TERMS
The Customer may pay the amount due through the payment instruments indicated in the E-commerce, including credit card, debit card, PayPal, prepaid cards. The following credit cards are accepted: VISA, MasterCard.
The Company reserves the right to modify or implement the payment instruments available to the Customer, it being understood that the payment instruments available will be those listed on the E-commerce at the time of transmission of the order by the Customer.
In the case of using a credit card, the price will be charged to the Customer once the credit card details have been verified and the debit authorization has been received from the company issuing the credit card used by the Customer.
The credit card data sent during the order process are protected and are transmitted directly to the bank that manages the payment. The payment takes place directly on a secure server, with SSL encryption key, to guarantee the absolute security of the transaction.
In case of payment with PayPal, at the time of transmission of the order by the Customer, the web session will be transferred to the secure PayPal site. On this site the Customer will be able to complete the payment of the price due using his/her PayPal account and according to the terms and conditions of the PayPal service, subscribed at that time or previously. The price will be charged to the PayPal account at the same time as the transmission of the order confirmation. The price of the Products cannot vary in any case based on the chosen payment instrument.
9. SHIPPING AND DELIVERY OF PRODUCTS
The Company is not obliged to ship the Products until it receives payment of the price; after receiving payment, the Company undertakes to ship the Products within 5 (five) working days.
The delivery terms specified here are to be considered non-mandatory, non-essential but only formal. The Company cannot in any case be held responsible for failure to comply with the terms.
The Company guarantees the shipment of the Products, via express couriers, selected from time to time based on the Product purchased and the destination, to the delivery address provided by the Customer during the transmission of the order.
The Customer can check the status of orders through the online function “Track your order” made available by the courier in charge of delivery and available in the Personal Area and in the shipping confirmation email. The Customer can carry out this check only after the Products have been shipped.
The Customer must verify, at the time of delivery, that the packaging and/or wrapping of the Products are intact, not damaged, not wet or in any way altered, including the sealing materials.
The Customer is required to immediately report any damage to the packaging or wrapping of the Products, by placing a note of reservation of control on the courier's delivery receipt, as well as informing the Company by email or equivalent technology. Otherwise, and in particular if the courier's delivery receipt is signed without any dispute, the Customer will no longer be able to make any complaint relating to the external characteristics of what was delivered.
10. DELIVERY DELAYS
If, for reasons not attributable to the Company, it is not possible to deliver the Products in the ways and times indicated, the Company will inform the Customer, indicating, where possible, new times and methods. The Customer, by concluding the purchase contract, accepts the possibility of such delays. If the delay in delivery is more than 30 (thirty) days from the expected date, the Customer will have the right to terminate the purchase contract.
11. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the purchase contract in accordance with the General Conditions without providing any reason and without any penalty within 14 (fourteen) days, starting from the day on which he or a third party, other than the carrier in charge, obtains physical possession of the Product. The date indicated on the delivery receipt will be valid.
The right of withdrawal must be exercised by the Customer by sending the Company a communication containing the express declaration of wanting to assert the right of withdrawal from the purchase contract, as well as the relevant order number that you intend to withdraw from. To assert the right of withdrawal, the Customer must send an email to the address: info@respiraskincare.com
For the purposes of contesting the above terms, it is sufficient for the Customer to send the communication relating to the right of withdrawal within the withdrawal period.
The following information must be included in the communication:
– Name and Surname of the customer;
– Customer address;
– Order number and purchase date;
– Item description, quantity, reason for return and related amount paid.
In case of exercising the right of withdrawal, the Customer must return the Products to the Company without delay and, in any case, within 14 (fourteen) working days from the communication of the withdrawal. The deadline is respected if the Customer sends the Products within 14 (fourteen) days from the communication of the withdrawal.
Upon receipt of the communication, the Company will communicate to the customer via email the methods for withdrawal, return and the RMA return code without which the withdrawal request cannot be followed up. The shipment of the products must take place no later than 14 working days from the date on which the customer has expressly exercised the right of withdrawal.
If the Customer withdraws from the purchase contract in accordance with the General Conditions, all costs already paid will be refunded. Such refunds will be made using the same payment instrument chosen for the first transaction, unless the Customer has expressly requested a different payment instrument; in any case, the Customer will not have to bear any costs as a consequence of the refund.
The refund will be made within 10 (ten) working days after the Company has received the Products and checked their integrity.
The Product must be returned intact, and complete with all its parts. If the Customer exercises the right of withdrawal from the General Conditions in a manner that does not comply with the conditions required by this section, he/she will not be entitled to any refund.
Please note that the shipping costs for returning the goods are the responsibility of the customer as provided for by Article 57, paragraph 1, of the Consumer Code.
The consumer customer will not be able to exercise the right of withdrawal in the case of purchase of Digital Gift Cards (or Gift Vouchers), consequently the amount spent for the purchase of this type of product will not be refunded.
12. SECURITY MEASURES
In order to ensure that the Customer’s credit, debit or charge card is not being used without their consent, Paypal will validate the name, address and other personal information provided during the order process against appropriate third party databases, in accordance with the privacy policy. In carrying out such checks, personal information provided by the Customer may be disclosed to a registered credit reference agency, who may keep a record of that information. This is done only to confirm the Customer’s identity, a credit check is not carried out and the Customer’s credit rating will not be affected.
If an order placed by the Customer is considered fraudulent or otherwise made in violation of the General Conditions, the sale will be immediately cancelled and, in the event that any sums have already been charged to the Customer, they will be refunded within 14 (fourteen) working days of the relevant communication.
13. GENERAL PRODUCT WARNINGS
Our Company sells the Products in compliance with the regulations in force in the following countries in which it is Certified in: European Union, United States, United Kingdom.
Our products are certified by:
ECOCERT which is an international organic certification organization based in France. It is one of the largest and most respected certification bodies in the world. ECOCERT focuses on the certification of organic agricultural products and sustainable practices. Here is a breakdown of what ECOCERT stands for:
Organic Certification: ECOCERT certifies products that meet rigorous organic standards, ensuring they are free from synthetic chemicals, GMOs and other harmful substances. This applies to foods, cosmetics, textiles and more.
Sustainable practices: In addition to organic farming, ECOCERT also certifies products and companies that follow sustainable practices, such as fair trade, environmental protection and responsible management of resources.
Global Reach: Although it started in France, ECOCERT now operates in over 130 countries, making it a globally recognized and trusted certification.
COSMOS stands for COSMetic Organic and Natural Standard. It is a standard developed by five leading certification bodies, including ECOCERT, to unify organic and natural cosmetics standards across Europe and beyond. Here's what you need to know about COSMOS:
Unified Standard: COSMOS provides a single, unified standard for organic and natural cosmetics, ensuring consistency and transparency for consumers around the world.
Certification Types: COSMOS offers two types of certification:
COSMOS Organic: for products that contain a high percentage of organic ingredients.
COSMOS Natural: For products that may not meet organic criteria but still adhere to strict natural ingredient guidelines.
Comprehensive criteria: The COSMOS standard covers the entire life cycle of a cosmetic product, including ingredient sourcing, manufacturing processes, packaging and labelling, ensuring they are environmentally friendly and safe for consumers.
It is understood that the purchase of the Products is reserved exclusively for consenting Consumers who are duly informed about the potentially allergenic properties of the Products sold and the ingredients contained therein.
The Customer must follow the instructions for the correct storage of the Products reported on the labels of the Products themselves. In particular, the Customer must store the Products in a cool and dry environment, away from heat sources or excessive exposure to light. The Customer is aware of the possible flammability of some Products.
The Customer is also responsible for checking the list of ingredients of the Products, which may contain potential allergens.
The Customer must observe the special precautions provided for by the labelling for the correct use of the Products, avoiding in particular their excessive use.
The Customer must pay attention to the minimum or expiry date indicated on the labeling and/or packaging of the Products. It is understood that the Products may lose their original characteristics once the period indicated on the labeling of the Products has elapsed.
If any side effects occur during the use of the Products, the Customer is advised to immediately stop using them, consult a doctor and inform the Company by email info@respiraskincare,com
It is recommended to keep the Products out of the reach of minors and/or pets.
14. APPLICABLE LAW AND JURISDICTION
The General Conditions and any purchase contract concluded between the Parties are governed by Italian Law, without prejudice to any other mandatory law prevailing in the country of residence of the Customer.
In the event of a dispute arising from the interpretation and/or application of the General Conditions, the Consumer Court will have jurisdiction, i.e. the judge of the place of residence or domicile of the Customer, if located in Italian territory.
15. ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process whereby an independent body examines the facts of a dispute and seeks to resolve it, without the Customer having to go to court. If the Customer is not satisfied with the way the Company has handled a complaint, they can submit a complaint for online resolution to the European Commission's online dispute resolution platform.
16. COMPLAINTS
For any complaint, you can contact the Company directly, using the following methods:
- by completing and submitting the Contact form available on the Website.
- by email to the following address: info@respiraskincare.com
17. PRIVACY
The Customer must read the information on privacy provided on E-commerce.
18. CONTACTS
Customers can contact the Company directly by writing to: info@respiraskincare.com or by filling out the Contact form on the website or via WhatsApp by clicking on the relevant button on the website.