GENERAL CONDITIONS OF SALE
1.1. The website www.ayay.it, owned by IDT Spa, with registered office in Via Varallo 24 / b 10153 Turin, in the person of its temporary representative Ida Adele Barbara Tafuri TFRDLB81A69L219R, registered with the Chamber of Commerce of Turin, at n. REA: 1098199 of the Business Register, VAT No. 10010450012, (hereinafter also “Ayay”) was created to carry out retail sales of full-beauty Made-in-Italy beauty products, by way of example and not limited to: creams, make-up products, detergents, etc. (hereinafter also the “Products”).
1.2. Below are the general terms and conditions governing the relationship between the Customers (as defined below) and Ayay with regard to the sale of the Products.
- SCOPE OF
2.1. The present general conditions of sale (hereinafter “CGV”) apply to purchases of the Products present in the electronic catalog of Ayay at the time the order is forwarded and can be viewed online at www.ayay.it (hereinafter the “Website “). The images accompanying the description of a product have only an illustrative purpose to allow the best perception of the various colors. The images of the Products may not exactly match the product itself, but differ in color and size, even in the accessories shown in the figure.
2.2. The present GCS can be modified and / or updated at any time by Ayay.
2.3. Any changes and / or additions will be effective from the date of publication of the same on the Site.
2.4. The customer who accesses the site to make purchases may be a consumer by this meaning: (i) the natural person who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out (hereinafter “Consumer Customer”) or a professional meaning by this: (ii) the natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity (hereinafter “Professional Customer” and where it is not necessary to distinguish them within the present CGC also separately from the “Customer” and jointly the “Customers” is required, before sending the order, to read carefully these Terms and Conditions that have been made available on the Site and that will be available at any time by the Customer also through the link contained in the e-mail confirming each order to allow it to be reproduced and stored.
- APPLICABLE LAW
3.1. The legislation expressly referred to for distance contracts is provided by section II of Legislative Decree 6 September 2005, n. 206 (Consumer Code) s.m.i. and for sales with electronic tools from Legislative Decree 9 April 2003, n.70 s.m.i.
3.2. The sales contract stipulated between the Customer and Ayay will be regulated and interpreted in accordance with Italian law.
4.1. In order to be able to purchase the Products on the Site – without, however, this procedure entailing an obligation on the registrant to purchase – each Customer must register on the Ayay site by choosing a username and password and providing the following personal data:
- name, surname / company name;
- date of birth.
and at the time an order is placed:
- residence address / registered office;
- telephone number;
- shipping address if different from residence / location;
- tax code or VAT number.
4.2. The data provided to Ayay will be stored upon registration, the processing of the aforementioned data is subject to the privacy legislation, pursuant to and for the purposes of Legislative Decree No. 196/2003 and EU Reg. No. 679/2016 (c.d. GDPR); the Customer may modify this data at any time by accessing his profile on the home page.
4.3. The username to access the reserved area of the Site will consist of the e-mail address used for registration.
- CONCLUSION OF THE CONTRACT
5.1. The sales contract between Ayay and the Customer must be considered concluded with the acceptance of the order by Ayay. Acceptance will be sent by Ayay to the e-mail address communicated by the Customer when registering on the Site.
5.2. This confirmation message will contain date and time of execution of the order and an ‘Order Number’, to be used in any further communication with the Ayay staff. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
5.3. In case of non-acceptance of the order, the Ayay staff guarantees timely communication to the Customer.
5.4. In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, to place an order the Customer must:
- insert a Product in the cart by clicking on the relative icon near the Product itself;
- at the end of the selection of the Products inserted in the cart, to proceed with the purchase the Customer must click on the “Make Order” button;
- the Customer must then register, log in to the Website with his credentials or enter his data for a quick purchase without registering on the Site;
- the Customer can choose the shipping methods and will have to accept these terms and conditions without reservation;
- the Customer can therefore proceed with the payment of the Products and delivery costs in the following ways: i) Visa or Mastercard credit cards, VPay Diners Club International, JCB, Maestro circuit ATM; (ii) Paypal express checkout; iii) mark or with other possible methods provided on the Site (as regulated in the following point);
- at the end of the order the Website will automatically assign a unique number which will be shown on the final page of the purchase summary;
- Ayay, after verifying payment and the actual availability of the Product in the event of multiple purchases as provided for in point 6.7 below, will transmit to the Customer the confirmation of the order which will contain the following information: i) number and date of the order; ii) detail of the Product (s), quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
- the Customer undertakes to verify the correctness of the data in the order confirmation e-mail and to report any errors to Ayay.
5.5. Once the online order has been placed, the Customer must print, save an electronic copy or keep the present GCS as required by Legislative Decree no. 206/2005.
5.6. The Customer, by placing an order according to the methods present on the Site, declares to have read all the indications provided during the purchase procedure, to have understood them and to fully accept the GTC reported here.
5.7. The present GCS are an integral part of the sales contract concluded between the Customer and Ayay.
5.8. Only products available in stock can be ordered on the Website. The integrated functionality of the availability of items in stock is precise, however there may be small delays in communication between the actual stock in the warehouse and the situation reported on the Site. Consequently, the availability of the item in some rare cases may not be guaranteed with certainty. If one or more items ordered are not immediately available for shipment, it will be the responsibility of our staff, depending on the consistency of the order and the time required for replenishment, choose to proceed with one of the following solutions:
- immediately dispatch the available material and send the missing products as soon as they are available again without any charge for additional shipping costs;
- contact the customer who will choose whether to receive the material in a single solution, delaying the order, or canceling products not immediately available from the order.
5.9. In the case of multiple purchases of Products, at the same time, by several Customers, Ayay reserves the right to verify, upon receipt of the order, the availability of the Product and, failing that, to promptly notify the non-acceptance of the order sent.
5.10. Inserting a Product into the cart does not imply the commitment to complete the purchase of the same. The Customer, as long as he has not completed the procedure for the purchase of the Products, will be able to: i) change the quantity and / or delete the Products already included in the cart; ii) add other Products to the cart.
5.11. Within the “my account” section in the Customer’s reserved area on the Site it will be possible to view your account information, monitor the order status, any return requests and make delivery requests to multiple addresses.
5.12. The order will be filed in the Ayay database for the time necessary for the execution of the same and, in any case, according to the law.
- TERMS OF PAYMENT
6.1. Credit / debit card.
In case of purchase of Products with payment methods Credit Cards Visa, VPay, Mastercard Diners Club International, JCB, Maestro-enabled debit cards, together with the conclusion of the online transaction, the reference bank will authorize only the commitment of the relative amount to the purchase made. The amount relating to the goods processed, even partially, will actually be charged to the Customer’s credit card only when the goods are processed by our warehouse. In case of cancellation of the order, both by the Customer and in the case of non-acceptance by Ayay, our staff will request the cancellation of the transaction and the release of the amount involved. Release times depend exclusively on the banking system and can reach their natural expiry (24 days from the date of authorization). Once the transaction has been canceled, in no case may Ayay be held liable for any direct or indirect damages caused by delay in releasing the amount committed by the banking system. In the event that the Customer’s order is processed after the 23rd day from the forwarding date, Ayay will in any case charge the Customer’s credit card with the amount due, even if in advance of the material delivery of the goods, in order to avoid the expiration of the authorization of the transaction (24 days). Ayay reserves the right to ask the Customer for supplementary information (eg fixed telephone number) or to send copies of documents proving the ownership of the Card used. In the absence of the required documentation, Ayay reserves the right to refuse the order. At no time during the purchase process Ayay is able to know the information relating to the buyer’s credit card, transmitted via secure connection directly to the site of the bank that manages the transaction. No computer archive of Ayay will keep such data. Under no circumstances can Ayay therefore be held liable for any fraudulent or improper use of credit cards by third parties, upon payment of products purchased on www.ayay.it.
The Customer’s payment is made with cash to the courier who will deliver the goods. The service is only active on certain transport modes.
In the case of purchase of goods with PayPal payment method, together with the conclusion of the online transaction, PayPal will immediately charge the amount of the purchase made.
7.1. The sale price of the Products is expressed in Euro and includes VAT and any other tax due at the time of purchase.
7.2. All sales prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to art. 1336 civil code, subject to price change by Ayay.
7.3. The sale price is considered valid up to the communication of the acceptance of the order.
7.4. Any discount codes (%, 1 + 1, 3×2 or other mechanical codes), unless otherwise explicitly indicated, are always considered non-cumulative.
7.5. Shipping costs and any additional charges (eg customs clearance), if present, although not included in the purchase price, will be indicated and calculated in the purchase procedure before the order is forwarded by the Customer and also contained in the web page of order summary.
Each order shipped is accompanied by a detailed Transportation Document as requested by the D.P.R. 21 December 1996 n. 696. The invoice will be issued only if requested at the time of order, indicating the number of your VAT number in the appropriate field. The document can be downloaded from the specific section within your account at www.ayay.it.
NB: It is not possible to request the invoicing of a previously processed order.
- METHOD AND EXPENSES OF PRODUCT DELIVERY
9.1. Ayay will promptly deliver the Products purchased by express courier, exclusively on the Italian territory and in countries belonging to the European Union.
9.2. The Products will be delivered within 15 working days of purchase, unless a different term has been agreed between the parties. The aforementioned delivery times are for purely indicative purposes and, although they are usually respected, Ayay does not assume any commitment or guarantee of respect for them.
9.3. In no case, therefore, may direct and / or indirect damages be caused by delayed delivery.
9.4. Delivery takes place from Monday to Friday in the normal working hours (9-18).
9.5. Ayay assumes no responsibility for disruptions caused by force majeure if it is unable to execute the order within the time stipulated in the contract.
9.6. Upon delivery of the Products by the courier, the Customer must check that:
- the number of packages delivered corresponds to what is indicated in the accompanying document;
- the Products shown on the packaging correspond to what is actually indicated on the invoice / receipt;
- the packaging is intact, not damaged or otherwise altered even in the closing materials (adhesive tape or strap).
9.7. The Customer acknowledges that the withdrawal of the Product is a specific obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the recipient at the address specified in the order, the goods will be in stock after 3 delivery attempts. The Customer is left with the “notice” of non-delivery. After 10 days of storage the goods are returned to the sender. In the event of failure to collect the Product within five working days of the first delivery attempt, Ayay may invoke the termination of the contract pursuant to art. 1456 of the Civil Code Once the contract has been settled, the total amount eventually paid by the Customer will be reimbursed, minus the costs of the delivery of the Product not successful and the return costs.
9.8. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately reported by the Customer in the transport document.
9.9. In any case, no responsibility can be attributed to Ayay in case of delay in the order or delivery of the order.
9.10. The delivery costs, which will depend on the destination, the weight and the volume of the Products, are charged to the Customer and are clearly specified when the order is placed. The payment of the goods by the Customer will be made using the method chosen when ordering. Nothing is more due by the Customer than the total order highlighted at the end of the purchase procedure.
Delivery costs, except for special exclusive Ayay promotions, are to be considered always charged to the Customer. Ayay undertakes to keep the costs relating to the shipment up to date and to publish them on the shipments page.
- RIGHT OF WITHDRAWAL
10.1. Pursuant to and within the limits of art. 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days of receipt of the Products purchased, to exercise the right of withdrawal, consisting in the possibility of returning the Products received and obtaining a refund of the price paid, without penalty and without having to provide any reasons.
10.2. The aforementioned term starts from the day in which the Consumer Customer or a third party, different from the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:
- in the case of multiple Products ordered by the Consumer Customer through a single order and delivered separately, from the day in which the Consumer Customer or a third party, different from the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
- in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, different from the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. However, this right cannot be exercised:
- in the case of purchases of less than 50 euros (unless the total consideration that the Consumer Customer has to pay regardless of the amount of the individual contracts exceeds 50 euros);
- in case of supply of goods made to measure or clearly personalized;
- in the case of supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and were opened after delivery;
- in the case of supply of goods which after delivery are inherently mixed with other goods.
10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Ayay via registered A / R at the address of Ayay, in Turin, Via Varallo 24 / b, 10153 Torino or pec, and he may anticipate such communication via e- email to info@Ayay.it, which will not replace the registered letter.
10.5. Ayay, following the withdrawal of the Consumer Customer, within 24/48 hours from receipt of the notice of exercise of the withdrawal, must communicate via e-mail to the Consumer Customer a confirmation of receipt of the will to withdraw from the same.
10.6. By law, the Consumer Customer is responsible for shipping costs for the return of the Products which must be sent to the following address: Ayay at BiBiEsse- UFF. RECESSI / RESI, Via Chieri n. 70/5 – 10020 Baldissero Torinese (TO) – Italy, within fourteen days from the date on which he communicated to Ayay his decision to withdraw from the contract (the deadline is met if the Consumer Customer sends back the goods before the end of the fourteen period days).
10.7. In the event of damage to the goods during transport, Ayay will notify the Customer of the incident (within the 5th day of receipt of the goods in its warehouses), to enable it to file a timely complaint against the courier chosen by him and obtain a refund of the value of the asset (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal.
10.8. Ayay is not responsible in any way for damage or theft / loss of goods returned with uninsured shipments; on arrival at the warehouse, the Product will be examined to assess any damage or tampering not deriving from transport. If the returned product is damaged, Ayay will deduct from the refund due a percentage, as a contribution to the restoration costs.
10.9. Ayay will also have to reimburse all the expenses incurred by the Consumer Customer (purchase of the Product and original delivery of the same; they are obviously excluded those for the return) within 14 days from the communication of the right of withdrawal, and in any case upon receipt of the Product being returned, by Bank Transfer or PayPal. It will be the Customer’s responsibility to promptly provide the bank details on which to obtain reimbursement (name, surname, account holder, IBAN code).
10.10. The right of withdrawal is subject to the following conditions:
- Ayay Products are sold in special packaging; these packages are considered an integral part of the Products. Therefore, for the purpose of the regular exercise of the right of withdrawal by the Customer, the purchased Product must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).
- the restitution, until the certificate of receipt by Ayay, is under the full responsibility of the Customer;
- Ayay is not responsible under any circumstances for damage, theft or loss of returned Products;
- on arrival at the return address indicated above, the Product will be examined to assess any damage or tampering not deriving from transport.
10.11. The Consumer Customer will forfeit the right of withdrawal due to lack of the essential condition of integrity of the Products (packaging and / or its contents), in cases where Ayay finds:
- the lack or damage to the outer packaging;
- the lack or damage of the original internal packaging;
- the absence of integral elements of the Product (accessories, parts);
- damage to the Product for reasons other than transportation.
10.12. In the event of forfeiture of the right of withdrawal, Ayay will return the purchased Product to the Consumer Customer, charging the same for the shipping costs and will not refund the price paid.
10.13. It should be noted that the right of withdrawal as regulated in this clause is reserved only for Consumer Customers; there is no right of withdrawal for Professional Clients.
10.14. In case of need of communication regarding returns and complaints it is possible to send an email to email@example.com.
11.1. In case of lack of conformity, or delivery of goods that present defects or defects or is different from that provided for in the sales contract, that is unsuitable for the use to which an asset of the same type usually serves, different from the description published on the site or which does not show the promised qualities, the provisions of the Legal Guarantee are applied by Articles. 128 and following of Legislative Decree 205/2006 (Consumer Code).
11.2. Any faults or malfunctions caused by accidental facts or by the Customer’s responsibility or by use of the Product that does not conform to its intended use and / or as provided in the technical documentation attached to the Product are excluded from the scope of the legal guarantee.
11.3. Ayay is liable when the lack of conformity occurs within two years of delivery of the Product, unless a conventional warranty is provided beyond this term.
11.4. The Consumer Customer is obliged to report the defect to Ayay within two months of discovery (unless Ayay has recognized or concealed the existence of the defect).
11.5. The action aimed at enforcing the defects not fraudulently concealed by the seller is prescribed within twenty-six months from the delivery of the goods (the Consumer Customer who has agreed to perform the contract may, however, always enforce the rights set forth in this article provided that the lack of conformity has been reported within two months of the discovery and before the expiry of two years from the delivery).
11.6. In the event of lack of conformity, the Consumer may request, at no cost (including shipping costs), the restoration by repair or replacement, at his choice, unless remedy is objectively impossible or excessively expensive compared to the other.
11.7. The above remedy is to be considered excessively onerous if it imposes unreasonable expenses on Ayay compared to the other, 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 may be performed without significant inconvenience to the Consumer Customer.
11.8. Substitutions will be carried out within a reasonable time from the request and will not cause significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.9. The Consumer may request, at his option, a reasonable price reduction or termination of the contract where one of the following situations occurs:
- the substitution is impossible or excessively expensive;
- Ayay did not provide for replacement within a reasonable period;
- the replacement previously carried out has caused considerable inconvenience to the Consumer Customer.
11.10. After reporting the lack of conformity the seller can offer the Consumer Customer any other remedy available, with the following effects:
11.11. A minor defect of conformity, for which it was not possible or excessively burdensome to carry out the remedy of replacement, does not give the right to terminate the contract.
11.12. The legal guarantee is limited to purchases made by Consumer Customers. As for Professional Clients, the provisions of the Civil Code are applied to Articles 1490 and ss.
12.1. Any complaint must be addressed to: IDT Spa – Via Varallo 24 / b, 10153 Turin – Italy.
12.2. Claims made through e-mail or contact form on the site are not accepted and considered valid.
12.3. For any problem or anomaly found, before embarking on the complaint, the Customer is invited to contact the Ayay staff through the appropriate section on the website. In almost all cases, any problem is solved in a few hours.
- PROCESSING OF PERSONAL DATA
The Customer’s data are processed by Ayay in accordance with the provisions of the legislation on the protection of personal data pursuant to and for the purposes of Legislative Decree no. 196/2003 and of the EU Reg. N. 679/2016, as specified in the information provided on the Site.
All contents on www.ayay.it, including texts, documents, trademarks, logos, images, graphics, their layout and their adaptations are protected by copyright law and by the law protecting the Trademarks (Law April 22 1941 n.633 and successive modifications, Royal Decree n.929 of June 21st 1942 and subsequent modifications) and are covered by copyright. The www.ayay.it site may also contain images, documents, logos and trademarks of third parties that have expressly authorized IDT Spa to publish. Reproduction, even partial, of content, text, documents, trademarks, logos, images, graphics is prohibited. Any abuse will be prosecuted according to the laws in force.
15.1. Any dispute concerning the application, execution, interpretation and violation of purchase contracts entered into online through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer and in any case the jurisdiction of the Italian State is competent.
15.2. Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into online through the Site with a Professional Customer, on the other hand, will be the exclusive jurisdiction of the Court of Turin.
- FINAL NOTES
Ayay believes in the quality of its products and tries to offer the best quality of ingredients on the market. Given this, take note of the following:
- make sure you are not allergic to any of the ingredients in the products before applying;
- Ayay cannot be held responsible for any reactions to the ingredients of the products sold;
- none of our products should be used as a substitute for medical treatment or clinical treatment;
- the information published on www.ayay.it is not intended as a cure or treatment for dermatological problems and in no way should it be considered as such;
- the advice given on www.ayay.it or provided by Customer Service is for informational purposes and in no way wants to replace the opinion of a doctor;
- please consult your doctor for any questions.