TERMS OF SALE

1. SUBJECT

1.1.  The following sale terms concern the ourchase protocol, done by web, via the web site www.finisterremineralmakeup.it (next called “the Website”).

1.2.  The owner of the website is Maria Grazia Morandini (next called “Finis Terre”), registered office in Corso Italia, 189 – 52027 San Giovanni V.no (AR), enrolled in the Registry of bunsinesses of Arezzo, n°MRNMGR61E44E296O, VAT number 01302030513, R.E.A. of Arezzo  n°. 165739

2. GENERAL TERMS OF SALE

2.1 The following terms are valid only between Finis Terre di Maria Grazia Morandini, next called “Finis Terre” and any other person purchasing online on the web-site “www.finisterreminerlamakeip.it”, next called “customer”. Those terms could be subject to modification and the date of publication of them on the web-site is the date they become effective.

2.2 All the purchases done by the customers through the web-site (next called “purchase agreement”) are regulated by these General Terms and by Part III, chapter I of the Codice del Consumo, D.lgs. n. 206/2005, modified by D.lgs. n. 21/2014 and by D.lgs. 70/2003 concerning electronic trade.

2.3 By concluding the procedure of the Purchase Agreement, the Customer accepts and is required to follow these General Terms of Sale.

Before making any purchase, the Customer must carefully read the General Terms which Finis Terre makes available and which also to allows him/her to print in compliance with D.lgs. 70/2003.

In the confirmation e-mail, the Customer will receive a link to download and file a copy of the General Terms in compliance with art. 51 subsection 1 of the D.Lgs 206/2005, modified by D.lgs 21/2014.

2.4 Finis Terre is able to modify, in any moment and without notification, the content of the General Terms. All purchase agreements will follow the General Terms published on the web-site when the purchase order is made by the Customer.

3. PRODUCTS
   1. www.finisterremineralmakeup.it (next called “the web-site”) is a sales-based web-site for cosmetics and related accessories, generally concerned with the Finis Terre brand (next called “Products”).
   2. All the Products are HERE detailed on the website, in a corresponding section, and noted by categories.
   3. The visual representation of the Products on the website, when available, is indicative and usually corresponds to the picture of the Product itself and is aimed to present them for selling, without any guarantee or commitment by Finis Terre to show a perfect correspondence between the real product and the image published on the website; with particular regard to the real dimension and/or colors of the Products and/or the packaging.
   4. In case of difference between the image and the product details, the latter is valid.

3. PURCHASE PROCESS
   1. The Customer can purchase the Products present on the Finis Terre web catalog. Each product is carefully described on the Website in each section select by product categoires. They are described on the information sheets, following the access procedure here described.
   2. To purchase on the Website, the Customer has to register giving his/her name and address, following the instructions on the registration program. He/She has also to fill out the order template available on the Website, by following the instructions. The purchase orders have to carefully filled out and every section completed. In case the Customer does not want to register with the Website, he/she will be still be allowed to finish the purchase procedure but he/she will not be able to check the order status and take advantage of any discounts or promotions.
   3. The Customer will have to put the selected Products into the “cart” and, after having chosen the courier, seen and accepted the amount for shipment costs, he/she will be able to proceed with the purchase.
   4. The Customer will be able to modify the quantity of the product to purchase by adding or dropping one or more Products from the Cart.
   5. Once this operation is finished, the Customer will be shown a frame with the summary of the purchase order, including shipment costs and an additional confirmation request for the purchase. The total amount of the payment will be shown before proceeding with the final purchase confirmation.
   6. After viewing the summary, the Customer will have to select a preferred payment such as credit card, PayPal or wire and send the order by clicking on the dedicated button.
4. CONTRACT AGREEMENT
   1. Before agreeing on the contract, the Customer will be asked to confirm he/she has read the General Terms of Sale, the information sheets on the the right of withdrawal and the office of personal data.
   2. Each product order sent to Finis Terre is a Customer contract proposal, therefore it is binding for Finis Terre only if it is confirmed and accepted by Finis Terre itself.
   3. Each Purchase Contract between Finis Terre and the Customer is subscribed with the acceptance of the order Finis Terre sends to the Customer's e-mail address. That confirmation message will show an “Order Number” to be used in each subsequent message to Finis Terre. The message will show all the information needed by law and all the data the Customer entered. The latter is required to verify the data accuracy and to quickly inform Finis Terra aboust any necessary corrections. Contingencies not made known sdue to last minute change will be at the expense of the Customer.

It is at the sole discrection of Finis Terre to accept or refuse the order made by the Customer. The latter cannot demand formal request as compensation in the case that the order is not accepted by Finis Terre.

In particular, Finis Terre will not accept the purchase order when there are not enough guarantees of solvency, the order is incomplete or not correct, or when the products are not available. Finis Terre can reject an order coming from a Customer who has an on-going controversy based on a previous order. This method is usually applied whenever Finis Terre considers a Customer unsuitable due to for example, contract violations or any legitimate motivation, especially when the customer is involved in fraudulent activities. In those cases Finis Terre will send an e-mail to the Customer specifying they will not handle the request and why. In this case the amount committed will be refunded.

In case the products on the website are no longer available while ordering them, Finis terre will quickly communicate this within 30 working days starting from the day after having sent the order. In the event this happens the amount committed will be refunded.

Finis Terre is required to deliver the products not later then 30 days from the contract agreement.

The Customer, if registered on the Website, will be able to check at any time the contents of the contract agreement by logging into his/her personal area, or by contacting Customer Service.

The invoice concerning the ordered products will be issued by Finis Terre when the products are sent to the Customer.

PRODUCT PRICES

Unless otherwise stated, all the prices related to Product, shipment and delivery are VAT included and expressed in Euros. The delivery costs are clearly highlighted when the order is being made. The validity of the price is based on the one found on the Website when the order is made via internet. The shipment costs and of the Products themselves could be subject to changes without notice.

The Products sold on the Website can be purchased and delivered only in the Countries present on the Order form (Italy and EU). All the orders that are requested to be shipped out of those countries are automatically denied while filling out the order itself.

All the products are sent from Italy.

PAYMENT METHODS

As better detailed on the following points, payments made via Credit Card or PayPal request just an authorization, that is a money reservation without an immediate withdrawal of it, when the order is made. Therefore, the payment is effectively charged to the Customer only when the Products are delivered to the designated shipment courier.

The payment of the purchased Products has to be made with credit card, PayPal or wire, according to the following rules:

Online Credit Cards

Credit Cards accepted: Visa, Mastercard.

All data is sent in coded form through SSl certificate, therefore they are not interceptionable by external subjects. Moreover, the data is entered directly into the bank Website guaranteeing maximum security. The amount is not charged at once but in a later phase, respecting the limits authorized by the Customer. When making the order on the Website, only an authorization for the specified payment is requested (very often in that moment an sms/e-mail is sent to the Customer by the bank).

The authorization does not entail a money charge but just a reservation of the related amount.

When the order is delivered to the courier or any other subject designated by Finis Terre for the delivery, the total amount charge is then requested.

This grants that the amount is charged on the Credit Card only when the actual product shipment takes place and only for the amount of the product actually shipped.

Once having received the package, if for any reason the Customer would like to take advantage of the right of refund, even after having paid the products, Finis Terre will have the bank refund the amount directly on the credit card.

PayPal

Pay Pal is a fast and safe payment method. Once the order is completed and the PayPal payment is selected, the Customer will be addressed to the PayPal wesite where he/she will be able to login with the personal e-mail and password. After logged in it is possible to continue with the payments via PayPal without entering the data even for later purchases.

If you select the PayPal payment, the total amount is charged directely on the credit card (Visa, Visa Electron or Mastercard) or prepaid (PostePay). PayPal protects the buyer’s information since no financial information are shown.

For each transaction carried out with this method, a confirmation e-mail will be sent by PayPal.

As stated above, the total amount of the purchase order is charged once the order itself is passed to the courier. While filling out the order on the Website, an authorization request is made in order to verify the availability on the Customer’s PayPal account, without charging anything.

In case of withdrawal of the order, the amount is refunded on the Customr’s PayPal account.

Anticipated Wire Transfer

You can follow this procedure once you receive the bank details via e-mail, once the order is submitted.

SHIPMENT METHODS

Finis Terre will deliver to the address entered by the Customer while making the order, the selected and purchased Products via express courier.

The orders will be processed once received. Finis Terre agrees to deliver the products as soon as possible, and in any case within 30 days from the contract agreement.

The goods sent will be checked and delivered to the courier intact and with no deficiencies. Finis Terre is not responsible for damages caused during the shipment by the courier.

The goods ordered depends soely on the Customer good will. In case of refusal, Finis Terre will charge the Customer for the full transportation costs.

No shipments are made out of the EU.

Finis Terre has the right to ship the products (even for just one order) in more then one delivery. In this case the Customer is charged just once for the transportation costs.

PROMOTIONS - DISCOUNTS

Possible discounts or promotional codes can be entered while the Curstomer is filling out the order. The system will update the total amount of the order including the value of the discount.

The discount can be combined together with other promotions, only when clearly stated.

RIGHT OF WITHDRAWAL/REFUND

In conformity with the actual laws, the Customer has the right to withdraw from the purchase without any penalty and without specifying any reason. This can be done within 14 days after having received the products.

Finis Terre has decided to extend the term form 14 to 30 days. Therefore, the Customer will be able to withdraw from the purchase contract until 30 days after having received the online purchased products. In case of multiple purchases with just one order but delivered separately, the term of 30 days becomes effective from the date of the last product delivered.

In order to exert one’s right fo withdrawal, the Customer is requested to inform Finis Terre …   Corso Italia 189 -52027 San Giovanni Valdarno (AR), e-mail………………, telefax 055 9129692  about his/her decision of termination of the contract, through a specific statement (for instance a letter via mail, fax or e-mail). For this purpose it is available the following template (Attachment I, Part B to the D.Lgs. 21-2-2014):

Addressee: Finis Terre, Corso Italia 189 – 52027 San Giovanni V.no (AR), e-mail……….., telefax 055/9129692

I, the undersigned _____________, hereby inform you that the purchase contract of the following products is terminated: (insert here a description of the purchased products), ordered on (or received on)________

-          Name, Last name, Customer Address

-          Customer Signature (if the template is issued in hardcopy)

-          Date

To abide by the termination terms, it is enough that the Customer send the communication relative to right of withdrawal before the expiration of the withdrawal period.

The goods have to be returned intact and in the original packaging, including possible extra equipment and documentation within 14 days from the date of the withdrawal statement. The financial documentation has to be included as well. Once verified what is stated above, Finis Terre will be able to refund the amount of the products rejected within 14 days, shipment costs included. The Customer will not be able to give back those products which do not lend themselves to be use due to sanitary reasons or anyway, related to healthcare. Moreover, once the product comes back to Finis Terre branch and by examining it there are damages or alterations not due to the shipment, a part of the total amount will be deducted as restoration cost.

As previewed by the article 56 subsection 3 of the D.Lgs 206/2005, modified by D.lgs 21/2014, finis Terre can interrupt the refund until it receives the goods or until the Customer clearly demonstrates that he/she has sent back the goods to Finis Terre.

The direct cost of the restitution of the goods is totally at the expense of the Customer. Finis Terre will not be responsible of the shipment cost for the restitution, nor even for any loss or damaging of the products caused by others.

Finis Terre will accomplish the refund using the same way of payment selected by the Customer during the purchase. In the case of payment via bank wire, and if the Customer wants to exercise the right of withdrawal, he/she will have to give to Finis Terre, by logging into the dedicated section “Contact us”, his/her bank details so to enable Finis Terre to actuate the refund amount.

NON COMPLIANCE OF THE PRODUCTS AND FLAWED PRODUCTS

The products offered on the website are in compliance with the national and communitarian laws. The images and the colors published on the website could be different from the real ones due to the system settings or the tools used for viewing them.

In case of lack of compliance of the purchased products, compared to the description published on the website and in case of flawed product, the Customer has the right to be refunded immediately upon sending a dedicated form present on the section “Customer Service”, including pictures showing the damage or the flaws of the product itself.

A communication from the Finis Terre staff will follow. It will point out the methods of refunding, among which there is also the opportunity to have a discount on the next purchase, if the total amount is higher of the amount to refund. Any responsibility of Finis Terre is excluded for whatever reason.

However, the instructions concerning legal guarantees of the product compliance are followed according to the “Codice del Consumo italiano” (D.lgs. 206/2005, Part IV, Artt.102-135)

PROCESSING OF PERSONAL DATA

The Customer’s data is processed by Finis Terre according to the actual law concerning data protection, as specified in dedicated information section, called “Privacy Policy”.

COMMUNICATIONS AND COMPLAINTS

All the communications and complaints towards Finis Terre concerning purchase contracts, must be sent filling out the dedicated forms present on the “Reserved Area”.

INTELLECTUAL PROPERTY RIGHTS

All the brands (registered or not), as well as intellectual work, distinctive signs, names, image, picture, written or graphic text and in general any other intangible good protected by laws or international agreements concerning intellectual or industrial property, present on the website are exclusive property of Finis Terre, with no possibility for the Customer to acquire any right on them while agreeing to the purchase contract. Any use of those, even if partial and not authorized by Finis Terre is forbidden. 

LAWS AND JURISDICTION

These General Terms and each purchase contract are regulated by Italian law, except when communitarian norms and international treaties are applicable as well as national laws concerning Cosumer protection.

The Court of Arezzo will be in charge for each disagreement relative to the interpretation, execution, validation and effectiveness of the present General Terms and of any other contract submitted with the Customer.