General Terms and Conditions of Sale for Consumer Customers (B2C)
These general terms and conditions of sale govern the purchase of products and services made remotely via the Internet on the website www.antiageboutique.com. Before submitting the order, the Customer is required to carefully read these General Terms and Conditions, made available on the aforementioned website to allow reading, saving and archiving.
Art. 1. Definitions
1. Unless otherwise provided in the Contract, the following terms and expressions shall have the meaning set out below:
a) "Seller" or "Supplier": AB S.r.l., with registered office and warehouse in Casalecchio di Reno (BO) at via Isonzo 65 - ZIP 40033, R.E.A. BO - 539031, VAT No. 03690221209 tel. (+39) 391.3270956, e-mail info@antiageboutique.com, ab-srl@legalmail.it (certified e-mail address).
b) "Buyer" or "Customer": the natural person who concludes the contract for the purchase of one or more Products.
c) "Consumer" or "Consumer Customer": the Customer (natural person) who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
d) "Professional" or "Professional Customer": the Customer (natural or legal person) who acts in the exercise of their entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. If the Customer intends to conclude the product sales contract with AB S.r.l. acting as a Professional, they must access the B2B section of the Website.
e) "Parties": AB S.r.l. and the Customer.
f) "Product": each product made available for purchase through the electronic catalogue available on the Website, such as, by way of example and not limited to, food supplements, fitness equipment, cosmetic products, books and DVDs. The catalogue is constantly updated and the availability of each product may vary without notice.
g) "Access Credentials": the "username/email address" and "password" relating to each Customer's account, required to access the restricted area of the Website and to conclude the Contract.
h) "Business days" and "business hours": Monday to Friday, excluding national holidays, with business hours from 10:30 to 17:30.
i) "General Terms": these General Terms and Conditions of Sale, which govern the relationship between AB S.r.l. and Consumer Customers.
l) "Contract": consists of these General Terms and the Order Confirmation. In the event of discrepancy between the General Terms and the Order Confirmation, the Order Confirmation shall prevail.
Art. 2. Parties to the contract
1. The parties to the contract are AB S.r.l. and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by AB S.r.l.: this forms an integral part of the Purchase Contract. The details of AB S.r.l. are indicated in Art. 1, paragraph 1, letter a, of these General Terms.
2. The contract entered into between AB S.r.l. and the Consumer Customer is subject, among other things, to the specific regulations set out in Section II ("Pre-contractual information for the consumer and right of withdrawal in distance contracts and contracts negotiated away from business premises"), Arts. 49 to 59, as well as Sections III ("Other consumer rights"), Arts. 60 to 65, and IV ("General Provisions"), Arts. 66 to 67, of Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code").
Art. 3. Subject matter of the contract
1. These General Terms and Conditions of Sale for Consumer Customers ("General Terms") govern the purchase, made by Consumer Customers, of the products in the electronic catalogue available on the website www.antiageboutique.com ("Website"), B2C (Business to Consumer) section.
2. These General Terms do not apply to contracts concluded with Professional customers, for whom the B2B (Business to Business) section of the Website is reserved. Should a Professional Customer nevertheless conclude the sales contract with AB S.r.l. through the B2C section, the consumer protection rules shall in no case be applicable in their favour, and the invoice will not be able to show the VAT number of the Professional but only their tax identification number.
Art. 4. Purchase procedure and conclusion of the Contract
1. Upon registration on the Website, the Customer may purchase one or more Products from the electronic catalogue of the Website (illustrated and described in the relevant information sheets) by adding them to the "cart" and following the technical access procedures set out on the Website itself.
2. The publication of the Products listed on the Website constitutes an invitation to the Customer to submit a contractual purchase proposal to AB S.r.l. Before the actual submission of the order, the Customer is shown a page summarising, among other things, the selected Products, their price and any delivery costs. The General Terms and the privacy policy can be viewed, saved and printed before the order is submitted.
3. The order submitted by the Customer constitutes a contractual proposal and, by submitting such order, the Customer acknowledges having full knowledge of and fully accepting these General Terms. The Customer is invited to print and keep the order summary shown after the order has been submitted through the Website. The "notes" field that may be present in the electronic order form may only be used by the Customer to enter any operational instructions (e.g., name on the intercom) and shall in no way bind any Party to the Contract, nor may it contain derogations from these General Terms or any other contractual terms.
4. AB S.r.l. has the right to accept or reject, at its own discretion, the order submitted by the Customer, without the latter being able to make any claims or assert any rights, on any grounds whatsoever, in the event of non-acceptance of the order. Any acceptance of the Customer's proposal is confirmed by AB S.r.l. by means of an order confirmation e-mail to the e-mail address provided by the Customer. The Purchase Contract between AB S.r.l. and the Customer is deemed concluded upon sending of the order confirmation to the Customer, subject to the verification referred to in paragraph 5.
5. The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; should AB S.r.l., at the time of packing and shipping the Products, discover any errors in the catalogue or in the order regarding the price and/or characteristics and/or availability of a Product, it will promptly notify the Customer in order to agree on the modification or cancellation of the order.
6. The Customer, as a consumer, may exercise the right of withdrawal under the terms and conditions provided by law, as referred to in Arts. 21 ("Right of withdrawal") and 23 ("Cases of exclusion of the right of withdrawal") of these General Terms.
7. The Customer acknowledges that certain products on the website may: be packaged and/or personalised in their favour; risk deteriorating or expiring quickly; not be suitable for return for hygienic reasons or reasons related to health protection, if sealed and opened after delivery; by their nature, become inextricably mixed with other goods after delivery. Therefore, certain rights to which they are entitled, even as a Consumer, may be limited (as, by way of example and not limited to, in accordance with Art. 23 "Cases of exclusion of the right of withdrawal").
Art. 5. Description and visual representation of goods
1. The visual representation of products on the Website, where available, normally corresponds to the photographic image of the products themselves and/or their packaging. Such representation is solely for the purpose of presenting them for sale, without any guarantee or commitment on the part of AB S.r.l. as to the exact correspondence of the image shown on the Website with the actual product.
2. In the event of any difference between the image and the written product sheet, the product sheet description shall always prevail.
Art. 6. Product availability
1. The Customer may only purchase goods listed in the catalogue published on the Website and in the quantities indicated therein. Product prices and availability, as shown on the Website, are subject to change at any time without notice.
2. Products available for shipping are highlighted on the Website. The Customer acknowledges that, due to the possible simultaneous access to the Website by multiple users and the time elapsed between loading the web page and adding items to the cart, the actual availability of individual Products may vary considerably during the same day compared to the information shown on the Website. When the order proposal is submitted by the Customer, the Website's IT system verifies the actual availability of the purchased Products and notifies the Customer of any subsequent unavailability of one or more Products before the Customer makes payment. AB S.r.l. undertakes to fulfil its obligations promptly and in any case in the manner and within the timeframes set out in Art. 12 of these General Terms; should the delivery times of the ordered product be delayed compared to those indicated on the Website before the order, AB S.r.l. undertakes to promptly notify the Customer by e-mail to the address provided by the Customer at the time of purchase. Should it not be possible, for any reason, to deliver the purchased products in compliance with Art. 12 of these General Terms, AB S.r.l. reserves the right to notify the Customer of the cancellation of the order.
Art. 7. Prices and delivery costs
1. The Customer shall pay AB S.r.l. the price shown on the order confirmation page. All Product prices are indicated on the Website and are understood to include VAT only. In the event that a Product is discounted, the discount percentage, the original or regular price and the final price are indicated. Should a product show different prices in different sections of the website, the product price shall be understood as the one visible on the product detail page.
2. Shipping costs within Italy amount to €5.90. The shipping costs can always be verified before finalising the order. Shipping costs to EU countries range from €9.90 to €20.00 depending on the destination country. Shipping costs to non-EU countries range from €19.90 to €30.00 depending on the destination country.
3. The amount of delivery costs, where applicable, is indicated on the order summary page shown to the Customer before the order is submitted.
4. If cash on delivery is chosen as the payment method, the extra charges are indicated in Art. 10 below.
Art. 8. Delivery by appointment
1. The Customer may choose a shipping method other than the standard one, by requesting the "Delivery by appointment" service. In this case, in addition to the cost of the purchased goods and the shipping cost calculated pursuant to Art. 7, the Customer shall pay a flat-rate contribution of €3.00. The Customer shall pay this amount even in cases where they are not required to pay shipping costs. For shipments abroad, it is not possible to receive products via delivery by appointment.
2. By purchasing this service, when the parcel arrives at the local depot of the shipping company, the Customer will be contacted by one of their representatives to arrange delivery. Delivery will take place on the next business day at the time indicated by the Customer, within a 2-hour window.
3. The Customer is required to verify the accuracy of their contact details (address, phone number, email, etc.) entered on the Website: should such details be incorrect, the shipping company will not be able to contact them.
4. Should the Consumer Customer exercise the right of withdrawal, the sum of €3.00 referred to in paragraph 1 of this article shall not be refunded by AB S.r.l.
Art. 9. Loyalty Points
1. Loyalty points are accumulated on purchases made by Consumer Customers through the B2C section of the Website. Loyalty points are an important savings tool that AB S.r.l. makes available to the Customer when purchasing products on the Website: by accumulating loyalty points, the Customer can benefit from discounts on the purchase of products sold through the website.
AB S.r.l. reserves the right to change the conditions for earning and using points..
2. Accumulated points expire after 365 days.
3. All updates and information on the use of Loyalty Points are available at the following address: Loyalty Points
(https://www.antiageboutique.com/content/7-punti-fedelta)
Art. 10. Payments
The Customer is required to choose, at the time of concluding the Purchase Contract, their preferred payment method.
A fee is applied to some payment methods. The fee amount can always be viewed and accepted at the order summary stage, before submitting and confirming the order.
Payments in execution of the Purchase Contract may be made through the following payment methods:
- 10.1 Credit Card
We accept payments by credit card: Visa, Mastercard, AmEx, Revolut and Postepay.
In order to protect customer security to the highest degree, AB S.r.l. never has access to the credit card number, which is received solely by the banking institutions that must provide authorisation. AB S.r.l. is only informed of the outcome of the transaction. No credit card data is, in other words, recorded on order-related documents and/or stored by AB S.r.l.
- 10.2 Cash on delivery
At the time of delivery, you will need to have the exact amount of your order available in cash. The courier does not accept cheques and cannot give change.
The maximum amount for cash on delivery payment is €999.00.
Please Note A fee is applied to this payment method for the cash on delivery collection charge. The fee amount can always be viewed and accepted at the order summary stage, before submitting and confirming the order.
In the event of non-payment by the Customer of the agreed price, for any reason or cause, or in the event of refusal of the shipment or failure to collect it, AB S.r.l. will invite the Customer to settle the balance, reserving all further action. Until the Customer has regularised their outstanding balance with AB S.r.l., the latter reserves the right to cancel any subsequent product deliveries, to terminate any existing Purchase Contracts and to block purchasing functions on the Website, without prejudice to compensation for any further damages.
- 10.3 Bank Transfer
In the case of purchase with payment by bank transfer, in express derogation of Art. 15 of these General Terms ("Shipping and delivery times"), the order will be processed after the actual receipt of the funds. The bank transfer reference must include the order number and the Customer's personal details. The Customer must send a copy of the bank receipt by e-mail to info@antiageboutique.com.
The bank transfer must be made by the Customer within 3 (three) business days of acceptance of the order by AB S.r.l., failing which the order will be cancelled.
Bank transfer payment details are as follows: BANCA DI BOLOGNA, payable to AB s.r.l. via Isonzo 65 - 40033 – Casalecchio di Reno - (BO);
IBAN: IT71G0888336670028000283712 - BIC: CCRTIT2TBDB
The bank transfer details are also included in the order confirmation e-mail.
Any charges that the Customer may incur with their own bank for making the transfer shall in no way be attributable to AB S.r.l. The Customer is advised to enquire with their bank in advance about the costs they will incur for this type of payment.
- 10.4 PayPal - PayPal Pay Later in 3 instalments
PayPal is available for eligible purchases of amounts between €0.01 and €5,000.00.
PayPal Pay Later - Pay in 3 instalments is available for eligible purchases of amounts between €30.00 and €2,000.00.
Please Note PayPal, for deferred payment, may decide not to offer Pay in 3 instalments as an option based on checks of the buyer's personal PayPal account; in such cases, clarification can be requested directly from PayPal customer service at the following phone number (+39) 02 233 12024.
- 10.5 Klarna (instalment payment)
Klarna is an easy and secure instalment payment method. Instalments will be automatically charged to the payment method used. You can start paying immediately or after 30 days in 3 instalments with buyer protection included.
- 10.6 Scalapay (instalment payment)
Scalapay is an instalment payment method in three or four instalments. Instalments will be automatically charged to the payment method used. Buyer protection included.
- 10.7 Google Pay - Apple Pay
We accept payments via Apple Pay and Google Pay.
- 10.8 HeyLight (instalment payment)
With HeyLight you can split the amount of your purchases into up to 12 monthly instalments. Instalments will be automatically charged to your preferred payment method.
Art. 11. Shipping documents
1. For each Purchase Contract completed through the Website, AB S.r.l. will issue a shipping document for the courier.
2. The information provided by the Customer at the time of ordering will be used for the possible issuance of an invoice if requested by the Customer during the purchase process. The Customer assumes full responsibility for the accuracy of the aforementioned information. No changes to the invoice will be possible after it has been issued.
Art. 12. Shipping and delivery times
1. AB S.r.l. will process the order normally within 24 hours (excluding weekends and public holidays) from the day of receipt. In particular, orders received by 12:00 are indicatively processed in the afternoon of the same day, while those received after 12:00 are indicatively processed the following day. Upon order processing, AB S.r.l. entrusts the Products to the trusted courier or freight forwarder for shipment to the address indicated by the Customer, as summarised in the order confirmation. Deliveries are made by land transport, indicatively within 1-2 business days for Northern and Central Italy and 2-3 business days for Southern Italy and the Islands (excluding weekends and public holidays).
2. In the event of a problem with the courier during transit and the parcel does not arrive within the indicative timeframe referred to in paragraph 1, the Customer may promptly notify AB S.r.l., which will attempt to resolve the matter within a reasonable period of time. AB S.r.l. invites the Customer not to contact it before the said indicative timeframe has elapsed, as it would not have the necessary data to effectively liaise with the courier.
3. The processing and delivery timeframes referred to in paragraph 1 are indicative only and not guaranteed, due to the many variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current regulations, AB S.r.l. undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the contract. No liability, on any grounds whatsoever, may be attributed by the Customer to AB S.r.l. should the products not be delivered within the indicative timeframe referred to in paragraph 1.
4. Delivery times refer to products in stock at the time of the purchase order. No liability may be attributed to AB S.r.l. for delays in delivery of goods due to force majeure or acts of God, as well as in the event of strikes, weather events, special public holidays, stock inventories, office relocations, changes to IT systems and other extraordinary events; these may cause processing times to exceed the indicative timeframes, potentially by several days.
5. In any case, should the delivery times of the ordered Product be delayed compared to the delivery times indicated on the Website before the order, AB S.r.l. undertakes to promptly notify the Customer by e-mail to the address provided by the Customer.
Art. 13. Product delivery and Transfer of risk
1. The risk on the ordered goods transfers to the customer at the moment it is taken over by the carrier in charge of delivery, including in the case of partial deliveries or where the Seller has assumed shipping and delivery costs.
2. With respect to consumer customers as defined by Art. 45 of Legislative Decree no. 21 of 21 February 2014, the risk of loss or damage to goods, for reasons not attributable to the Seller, transfers to the consumer only when the consumer, or a third party designated by them and different from the carrier, physically takes possession of the goods.
3. This applies, however, only if the carrier has not been chosen by the consumer themselves from carriers other than those proposed by the Seller, in which case the risk transfers to the consumer at the moment the goods are taken over by the carrier.
4. The delivery times indicated on the Website are provided for indicative purposes. AB S.r.l. undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, on any grounds whatsoever, may be attributed by the Customer to AB S.r.l. should the products not be delivered within the times indicated on the Website.
5. Unless otherwise communicated to the Customer by AB S.r.l., delivery of products is understood to be at street level.
6. In order to carry out delivery of the ordered products, the presence of the Customer or their representative at the location indicated by the Customer is required; they will therefore accept the parcel on their behalf. Courier delivery times are usually between 9:00 and 17:00. In the event of the Customer's absence (or that of their representative), the courier will leave a notice with instructions on how to arrange an alternative delivery date.
7. Should delivery fail due to reasons attributable to the Customer (for example, their absence and/or failure to contact the courier as per paragraph 3), the Customer shall be required to pay the shipping costs incurred by AB S.r.l.
Art. 14. Inspection procedures upon delivery of products
1. Upon delivery of products by the courier appointed by AB S.r.l., the Customer is required to check that the number of packages delivered corresponds to what is indicated in the shipping document on the packaging, and that the packaging itself is intact, undamaged or otherwise unaltered, including the sealing materials, paying particular attention to any signs indicating damage to the delivered goods.
2. Under penalty of forfeiture, any damage to the packaging and/or products and/or discrepancy in the number of packages and/or indications must be immediately contested by the Customer, who must declare in writing to the person in charge of delivering the products that they are being accepted "subject to inspection" or noting that they are "damaged": failing this, no complaints will be accepted. The Customer also undertakes to promptly notify AB S.r.l. (by e-mail or registered letter with acknowledgement of receipt to the address in Art. 1 of these General Terms) of any and all problems relating to the integrity, correspondence and/or completeness of the products received, no later than 24 hours from the date of delivery, under penalty of forfeiture.
Art. 15. Force majeure and third-party events
1. AB S.r.l. shall not be liable for cases of force majeure, unavailability of means of transport, third-party actions, unforeseeable or unavoidable events that cause delays in deliveries and/or make deliveries difficult or impossible, or that cause a significant increase in delivery costs borne by AB S.r.l.
2. In the cases referred to in the preceding paragraph, AB S.r.l. has the right to split, postpone or cancel, in whole or in part, the scheduled delivery, or to terminate the Purchase Contract. In such cases, AB S.r.l. undertakes to promptly and adequately communicate its decisions to the e-mail address provided by the Customer, who shall in that case be entitled to a refund of any price already paid, excluding any further claim, on any grounds whatsoever, against AB S.r.l. To this end, the Customer explicitly waives any claim, including for mere reimbursement and/or compensation, against AB S.r.l.
Art. 16. Storage and preservation of products
1. Products sold by AB S.r.l. must be stored and preserved by the Customer using the necessary precautions and measures appropriate to the nature of the products themselves.
2. Negligence and/or carelessness in the storage of any product may damage it and compromise its qualities. AB S.r.l. shall not be liable for any damage to sold products arising from improper and/or incorrect storage thereof, with express forfeiture of any warranty in this regard.
Art. 17. Warranty
1. The Consumer Customer benefits from both the standard warranty provided by the Civil Code, as referred to in this article, and the warranty for any conformity defects provided by the Consumer Code, as referred to in the following article.
2. AB S.r.l. warrants that the Products are free from material and manufacturing defects for a period of 12 (twelve) months from delivery, subject to the limitations set out in Art. 22 ("Exclusions and limitations of warranty").
3. During the warranty period, Products and their accessories (if defective as per the preceding paragraph) will be repaired or replaced by AB S.r.l. at no charge for either spare parts or labour (where applicable). Downtime of Products during repair periods shall not result in an extension of the warranty period.
Art. 18. Additional legal warranty for the Consumer Customer
1. In addition to the warranty provided for defects in sold goods pursuant to current regulations, up to two (2) years from delivery of the Products, AB S.r.l. is liable towards Consumer Customers, pursuant to Arts. 130 and 132 of Legislative Decree 206/2005, for any conformity defects in the products existing at the time of delivery. A conformity defect is deemed to exist if: (i) the product is not fit for the purpose for which goods of the same type are normally used; or (ii) it does not conform to the description or does not possess the qualities of any sample or model shown by AB S.r.l.; or (iii) it does not offer the usual qualities and performance of a good of the same type that the Consumer may reasonably expect; or (iv) it is not fit for the particular use intended by the Consumer if brought to the seller's knowledge at the time of purchase and accepted by AB S.r.l.
2. The Consumer Customer shall forfeit the rights recognised under Art. 130, paragraph 2 of Legislative Decree 206/2005 if they fail to report the conformity defect to AB S.r.l. within two (2) months from the date on which the defect was discovered.
3. AB S.r.l. will make every diligent effort to replace, at its own expense, with other products of the same quality and type available in its warehouses, those delivered Products that prove to be damaged or defective, provided they are returned by the Customer in the original packaging (complete with all its components). If replacement with the same product is not possible, AB S.r.l. will refund the Customer the amount paid for the defective product, excluding any further liability of AB S.r.l., on any grounds whatsoever.
4. The exclusion and limitation cases of the warranty are set out in Art. 19 ("Exclusions and limitations of warranty").
Art. 19. Exclusions and limitations of warranty
1. Shipping costs for sending goods from the Customer to AB S.r.l. for assistance shall be entirely borne by the Customer, while those for the return shall be entirely borne by AB S.r.l.
2. The warranty referred to in Arts. 17 ("Warranty") and 18 ("Additional legal warranty for the Consumer Customer") is excluded if the Customer has damaged the Products through their own wilful or negligent conduct, or in any case if, through their negligence and/or carelessness and/or for reasons not attributable to AB S.r.l., they have damaged and/or rendered defective the Products, and/or exposed them to natural events and/or used them improperly and/or without following the technical instructions in any manuals, and/or had repairs, interventions or tampering carried out by personnel not authorised by AB S.r.l. and/or omitted necessary maintenance, and/or stored them incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions result from use of the Products other than that set out in the Contract and/or for which they were designed and manufactured, or in cases of normal wear or deterioration of consumable parts.
3. Should AB S.r.l. find that any defects or faults in one or more of the Customer's Products are attributable, directly or indirectly, to the Customer, the latter shall be required to pay the inspection costs incurred for this purpose, as well as, in derogation of paragraph 1 of this article, the actual costs of the related return; AB S.r.l., on its own initiative or at the Customer's request, may also send the Customer a repair estimate (where applicable).
Art. 20. Manufacturer's conventional warranty
1. Without prejudice to the legal warranties, certain products benefit, in addition to the legal warranty provided, from a conventional warranty offered by the individual manufacturer to the buyer. AB S.r.l., where possible or not excessively burdensome, makes mention of this in the product sheet for each product. The conditions and terms of such warranties are defined by each manufacturer, who is a third party with respect to AB S.r.l.
Art. 21. Right of withdrawal
1. The Consumer Customer has the right to withdraw from the contract, without stating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the products.
2. In the case of a contract relating to multiple products ordered by the Consumer Customer in a single order and delivered separately, the withdrawal period expires after 14 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last product.
3. To exercise the right of withdrawal, the Consumer Customer must notify AB S.r.l. at one of the following contact details: AB S.r.l., via Isonzo 65 - 40033 – Casalecchio di Reno - (BO); e-mail info@antiageboutique.com, PEC: ab-srl@legalmail.it
4. The Consumer Customer must communicate their decision to withdraw from the contract concluded with AB S.r.l. by means of an explicit declaration, sent by post or e-mail to the contact details referred to in the preceding paragraph.
5. To comply with the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
6. Pursuant to Art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Consumer Customer; it is therefore advisable that such communication be sent to AB S.r.l. by registered letter with acknowledgement of receipt to the following address: via Isonzo 65 - 40033 – Casalecchio di Reno - (BO); or by certified e-mail (PEC) to the address ab-srl@legalmail.it; or by any other means suitable to prove with certainty the sending and receipt of the communication by AB S.r.l.
Art. 22. Effects of withdrawal
1. If the Consumer Customer withdraws from the contract concluded with AB S.r.l., all payments made will be refunded, excluding delivery costs (any additional costs arising from their possible choice of a type of delivery other than the least expensive standard delivery type offered by AB S.r.l. are excluded), without undue delay and in any case no later than 14 (fourteen) days from the day on which AB S.r.l. was informed of the Consumer Customer's decision to withdraw from the contract.
2. Such refunds will be made using the same payment method used by the Consumer Customer for the initial transaction, unless they have expressly agreed otherwise; in any case, the Consumer Customer shall not incur any costs as a result of such refund. The refund may be withheld until the goods have been received, or until the Consumer Customer has provided proof of having returned the goods, whichever is earlier.
3. The Consumer Customer must return or hand over the goods to AB S.r.l. at the following address: AB S.r.l., via Isonzo 65 - 40033 – Casalecchio di Reno - (BO), without undue delay and in any case within 14 (fourteen) days from the day on which they communicated their withdrawal from the contract to AB S.r.l. The deadline is met if the Consumer Customer returns the goods before the expiry of the 14 (fourteen) day period.
4. The direct costs of returning the goods shall be borne by the Consumer Customer.
5. The Consumer Customer is only liable for any diminution in the value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Art. 23. Cases of exclusion of the right of withdrawal
1. The Consumer Customer may not exercise the right of withdrawal provided for in Art. 24 ("Right of withdrawal") in the following cases: (a) where the goods are made to measure and/or clearly personalised; (b) where the goods are liable to deteriorate or expire rapidly; (c) where sealed goods, opened after delivery, are not suitable for return for hygienic reasons or reasons related to health protection; (d) sealed food products once opened; (e) where the goods, after delivery, are by their nature inextricably mixed with other goods; (f) sealed audiovisual products or computer software opened by the consumer; (g) newspapers, periodicals and magazines.
2. The Professional Customer may not under any circumstances make use of any right of withdrawal.
Art. 24. Access credentials
1. The Customer is required to keep their Access Credentials with the utmost care, confidentiality and diligence, undertaking not to disclose them to others. They undertake to immediately notify AB S.r.l. of any theft, loss or misplacement, total or partial, of the access credentials or any part thereof, and in any case of their possible unauthorised use by third parties. The Customer shall be liable for any damage caused to AB S.r.l. and/or third parties as a result of failure to comply with the above.
2. After 90 days from registration on the Website without any purchases having been made, AB S.r.l. reserves the right to delete Customer accounts, even without prior notice.
Art. 25. Disclaimer of liability for content posted by the Customer on the Website
1. Each Customer, upon registration on the Website, may post comments, reviews and opinions on the Products in the electronic catalogue. This functionality may not be used for unlawful purposes or in violation of applicable regulations, such as, by way of example and not limited to, for spamming activities or posting defamatory, slanderous, threatening, contemptuous content, violating others' privacy and personal dignity, etc.; it is also prohibited to post promotional messages, advertising, references to competing websites and companies. The publication of the aforementioned content is carried out free of charge by the Customer, who may delete reviews and opinions at any time by accessing the Website with their credentials. The Customer acknowledges that any content posted on the Website may be deleted by AB S.r.l. at any time, for example due to the discontinuation of the sale of the reviewed Product or the closure of the spaces relating to comments, reviews and opinions.
2. AB S.r.l. has no obligation to monitor the activities carried out by each Customer on the Website pursuant to this article, as provided for by Legislative Decree no. 70/2003. AB S.r.l. nevertheless reserves the right to remove any content generated by the Customer if it becomes aware, by whatever means, of the pursuit of an unlawful purpose and/or the violation of one or more of the above prohibitions, and/or an express request to this effect is made by a judicial or administrative authority and/or by a third party who considers themselves harmed by the aforementioned content. In such cases, AB S.r.l. will notify the Customer of the said measures by whatever means and will have the right to suspend or delete their account even without prior notice, without prejudice to any other action against the party responsible for the violations.
Art. 26. Amendments
1. AB S.r.l. may amend the content of these General Terms at any time and without notice.
2. Any amendments made shall take effect from the date of publication on the Website, as stated in the heading of the General Terms themselves.
3. In the event of amendments, unless otherwise expressly agreed between AB S.r.l. and the Customer, for contracts already concluded the General Terms in force at the time of conclusion of the contract shall remain applicable.
Art. 27. Minor negligence and limitation of liability
1. AB S.r.l. shall not be liable for damages, including to third parties, possibly caused as a result of its own minor negligence.
2. In no case shall the amounts possibly owed by AB S.r.l. on any grounds whatsoever exceed those paid by the Customer in execution of the Contract.
Art. 28. Intellectual property rights
1. All trademarks, as well as any intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other intangible asset protected by international laws and conventions on intellectual property and industrial property reproduced on the Website remain the exclusive property of AB S.r.l. and/or its licensors, without the Customer acquiring any rights thereto from accessing the Website and/or concluding Purchase Contracts.
Art. 29. Processing of personal data
1. AB S.r.l. undertakes to comply with the current regulations on the protection of personal data. The personal data processing policy is made available on the Website and can be viewed and saved at any time before the conclusion of the Contract.
Art. 30. Other provisions
1. All purchases of products and services made through the Website by the Customer who accesses it are governed by these General Terms as well as by the other provisions and operational instructions contained on the Website. In the event of conflict between the provisions of the aforementioned provisions and operational instructions and what is contained in the General Terms, the latter shall prevail.
Art. 31. Complaints and assistance
1. The Customer may lodge any complaints or request assistance regarding purchases made by contacting AB S.r.l. by post at AB S.r.l., via Isonzo 65 - 40033 – Casalecchio di Reno - (BO), by e-mail at info@antiageboutique.com, by certified e-mail (PEC) at ab-srl@legalmail.it or at the telephone numbers indicated in Art. 1, paragraph 1, letter a, of these General Terms.
2. As provided for in Art. 20 of these General Terms, certain products benefit from the manufacturer's conventional warranty. In these cases AB S.r.l. invites the Customer to contact the manufacturer directly, who is a third party with respect to AB S.r.l.; if necessary, AB S.r.l. remains available to the Customer to provide the manufacturer's contact details already indicated in the warranty.
3. Complaints will be processed by AB S.r.l. as quickly as possible; the Customer will receive a response within 2 (two) business days of the report.
Art. 32. Applicable law, alternative dispute resolution, and jurisdiction
1. The relationships arising from the Contract are governed by Italian Law.
2. AB S.r.l. informs the Consumer Customer, pursuant to Art. 141-sexies, third paragraph, of the Consumer Code, that in the event it is not possible to resolve a dispute between the Consumer Customer and AB S.r.l. following a complaint submitted directly by the Consumer Customer, AB S.r.l. will inform them about the Alternative Dispute Resolution (ADR) bodies competent to resolve such disputes out of court, specifying whether it intends to make use of the aforementioned bodies to resolve the dispute.
3. AB S.r.l. informs the Consumer Customer that, pursuant to Regulation (EU) no. 524/2013, a European ODR platform (the so-called ODR platform) has been established to facilitate the out-of-court resolution of disputes arising between consumers and traders concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a trader established in the Union. This ODR platform, which the Consumer Customer may use to resolve any disputes that may arise with AB S.r.l., can be accessed via the internet address http://ec.europa.eu/consumers/odr/.
4. Regardless of the outcome of any out-of-court dispute resolution procedure that may be initiated, the Consumer Customer's right to bring proceedings before the judicial authority of their place of residence or domicile shall remain unaffected in any case.
5. Disputes with Consumer Customers residing outside Italian territory are referred to the jurisdiction of the Court of Bologna, as the court of the place where the Contract is performed.
6. For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Bologna shall have exclusive jurisdiction where the Contract is concluded with a Professional Customer, notwithstanding the violation, in that case, of Art. 3 of these General Terms.