General Terms and Conditions of Sale
For your convenience, we have provided a translation of this page. This translation is for informational purposes only, and the definitive version of this page is the Italian version.
All the Products shown on www.bonjourlavie.it a (hereinafter “Site) are sold directly by Joy Cosmetics srl, with registered office in Via Mattiazzo, 1 - 31050 Ponzano Veneto (TV), Registered Company Reg., Tax Code and VAT number IT04700590260, cap. soc. int. vers. €10,000.00, (hereinafter “Seller”).
- Commercial policy
1.1. The sale and/or offer to sell the Products referred to in this Site is aimed at the Customer, whether Consumer (according to the meaning provided by Legislative Decree 206 of 2005 - so-called Consumer Code "natural person acting for the purpose not related to one's commercial, entrepreneurial or professional activity, if any, carried out), or a person who acts for purposes relating to the commercial or professional activity that may be carried out (hereinafter both, unless otherwise specified, with an all-inclusive meaning, "Customer" or "Buyer ”). The offer, forwarding and acceptance of Purchase Orders for Products ("Order") made through the Site are governed by these General Conditions of Sale (for brevity, also "CGV"), failure to read which and acceptance will not make it possible to conclude the purchase and send the relevant Order.
These General Conditions of Sale always remain available in the current section for consultation, printing or download by the Customer and a copy of the same is archived by the Seller in its database, for the period of time necessary for the execution of the relationship and in any case within the terms of the law.
Without prejudice to the above, the Customer undertakes, once the online purchase procedure has been completed, to print and keep this contract and the documentation and communications relating to the Order placed. The Seller may make changes or additions to these General Conditions of Sale at any time. Therefore, the Customer will be asked to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale will be effective from the date of publication on the Site and in relation to Purchase Orders submitted on that date and subsequently.
With regards to the terms of use of the Joy Cosmetics service, information regarding ownership, limits of use of registered trademarks, intellectual and/or industrial property rights and, in general, for all other legal information relating to www.bonjourlavie .it and not included in these GSC, please refer to the privacy information published on the Site, expressly excluding the application of the 1980 Vienna Convention on the International Sale of Goods (CISG) to sales carried out through this Site.
1.2 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller who are present on the Site via links, banners or other hyperlinks. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of sales operations. electronic commerce between users of bonjourlavie.it and third parties.
- How to conclude the contract with the Seller
2.1 To conclude the purchase contract for one or more products on the Site, you must complete the order form in electronic format and send it to the Seller, electronically, following the relevant instructions.
2.2 Before proceeding with the purchase of the products, or their payment, by sending the order form, you will be asked to carefully read and accept these General Conditions of Sale and the Information on the Right of Withdrawal in point 5 of the this document, and to read and accept the information on the processing of your personal data, at least for the part concerning those necessary to process the order. Print a copy using your browser's print command.
In particular, in these General Conditions of Sale in point 5. Right of Withdrawal, your right to withdraw from the contract within fourteen (14) days from the day of receipt of the order (5.1) is highlighted, the need for your explicit communication of this wish, which you can express using the Return Form found here or in any other way you choose as long as it reaches us incontrovertibly within 14 days (5.2), the fact that you have to return the products and that the only costs to be borne by you will be those of returning the products received to us (5.3 and 5.4), that if you wish, we could advance these costs to the courier and that these will be deducted from any refund (5.5), or that you can decide to make the return by another means that you deem suitable by assuming the burdens and responsibilities (5.6), the conditions for the valid exercise of your right of withdrawal (5.7) and obtaining a refund (5.8 and 5.9), the causes for which the right of withdrawal expires (5.10)
We will also provide you with a summary of the commercial and contractual conditions that we propose for the purchase of the products, which contains a reference to the General Terms and Conditions of Sale and a summary of the information on the essential characteristics of each product ordered with the relative price (including of all taxes or duties applicable within the European Union, additional costs deriving from importation into states not belonging to the European Union, such as for example duties or customs clearance costs, are excluded), the means of payment that you can use, of the costs and shipping methods of your order.
2.3 In the order form, displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each product ordered, the price (including all taxes or duties applicable within the Union European Union, additional costs deriving from importation into states not belonging to the European Union are excluded, such as for example duties or customs clearance costs) and shipping costs (including any additional costs incurred by you for choosing a type of shipping and different and/or faster delivery than the standard one). The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the relevant data. In case of inaccuracies or inconsistencies we will contact you at the contact details you provided. Shipping and invoicing will be carried out only after the correction of any inaccuracies or inconsistencies.
2.4 The order form will be archived in our database for the period of time necessary to process the orders and in any case within the terms of the law. You will be able to access your order directly from the "View your order" link in the confirmation email that is sent to you after payment.
2.5 When transmitting the order form you will be warned that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order form, you will also be asked to identify and correct any data entry errors.
2.7 Once the contract is concluded, Joy Cosmetics srl will take charge of your purchase order.
2.8 The Seller may not process your purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you via email that the contract is not concluded and that the Seller has not processed your purchase order, specifying the reasons. If the products presented on the Site are no longer available or on sale at the time of your last access to the site or when the order form is sent, the Seller will be responsible for notifying you promptly and in any case within thirty (30) days. starting from the day following the day on which you have sent your order to the Seller, any unavailability of the products ordered. In case of forwarding the order form and payment of the price, the Seller will refund, without undue delay, the amount already paid by you and the contract will be considered terminated between the parties.
2.9 By electronically transmitting the purchase order to the Seller, you unconditionally accept and undertake to observe, in relations with the Seller, these General Terms and Conditions of Sale. If you do not agree with some of the terms set out in the General Conditions of Sale, we invite you not to submit the order form for the purchase of products on bonjourlavie.it.
2.10 By submitting the order form you confirm that you know and accept the General Terms and Conditions of Sale and the further information contained on the Site, also referred to via links, the Privacy Policy and the Policy on the right of withdrawal .
2.11 Once the contract is concluded, the Seller will send you, by email, a receipt of the purchase order.
- Guarantees and indication of product prices
3.1 On the SITE, exclusively Bonjour La Vie brand products are offered for sale, a brand owned by Joy Cosmetics srl
3.2 The Seller does not sell used, irregular or lower quality products than the corresponding standards offered on the market.
3.3 The essential characteristics of the products are presented on the Site within each product sheet. However, the images and colors of the products offered for sale on the Site may not correspond to the real ones due to the Internet browser and monitor used.
3.4 Product prices may be subject to updates. Check the final sales price before submitting the relevant order form.
- Payments
4.1 To pay the price of the products and the related shipping and delivery costs you can follow one of the methods indicated in the order form. In no case will you be charged costs higher than those actually incurred by the Seller, in relation to the payment instrument chosen by you.
4.2 In case of payment by credit card, the financial information (for example, the credit/debit card number or its expiration date) will be forwarded, via encrypted protocol, to Stripe Payment Europe Ltd, Paypal, Klarna Bank or to other banks, which provide the relevant remote electronic payment services, without third parties being able to have access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the relevant refunds in the event of any product returns, following exercise of your right of withdrawal, or if it becomes necessary. prevent or report to the police the commission of fraud on the Site
- 5 . Right of Withdrawal (valid only for the "consumer")
The Right of Withdrawal is recognized only to the Consumer (according to the meaning provided by Legislative Decree 206 of 2005 - so-called Consumer Code) "natural person acting for purposes not related to his commercial, entrepreneurial or professional activity, possibly carried out.
5.1 You have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on the Site.
5.2 To withdraw from the contract you can use the Return Form (compliant with the standard form pursuant to art. 49, paragraph 4 of the consumer code) which you find here to fill in and send via e-mail to info@bonjourlavie.it, or draw up and send to the Seller another explicit declaration of your decision to withdraw from the contract. We will send you via e-mail confirmation of receipt of your communication of intention to exercise your right of withdrawal, whatever form you decide to use. The burden of proving the correct and timely exercise of the right of withdrawal will fall on you.
5.3 Once you have exercised the right to withdraw from the contract, you will have to return, at your expense, the products to the Seller by handing them over to the courier for shipping within fourteen (14) days starting from when you communicated to the Seller your decision to withdraw from the contract.
5.4 The only costs you will be responsible for are those for returning the products purchased, unless the Seller has expressly exempted you from such costs at the time of purchase (not to be confused with any reduction or total reduction in shipping costs on the order carried out) and on the further condition that you use the courier indicated by the Seller.
5.5 If you decide to use the courier indicated by the Seller, you will not, however, have to pay the costs yourself for returning the purchased products. Payment of the costs of returning the purchased products will be made, on your behalf, directly by the Seller, who will therefore free you from any obligation to pay towards the courier. In order to pay the return costs, the Seller will deduct from the refund a lump sum equal to the standard shipping cost of the products purchased. Furthermore, from the moment the purchased products are returned to the courier indicated by the Seller, the Seller exempts you from any responsibility in the event of loss, it remains your responsibility to package them with the care and methods necessary to prevent any damage resulting from normal transport conditions.
5.6 In the event that you decide to use a shipping method other than that indicated by the Seller, you will instead have to pay the costs yourself, entirely at your expense, for returning the purchased products. In this case, you will remain responsible in the event of loss or damage to the products during transport, which is due to your negligent choice of carrier and/or shipping methods.
5.7 The Right of Withdrawal - in addition to compliance with the terms and methods described in the previous points 5.1, 5.2, 5.3 and 5.4 - is considered validly exercised if the following conditions are also fully respected:
- the Return Form sent via e-mail to info@bonjourlavie.it must be completed in its entirety and sent to the Seller within fourteen (14) days of receipt of the products; Alternatively, you can choose another form of explicit declaration of your decision to withdraw from the contract. In any case, we remind you to indicate the order number, the date of the order and the date of receipt of the order, your name and surname, your complete address (your signature if you use paper), the date in which you send the communication (i.e. if you use an electronic means, the one highlighted by the means you use will prevail)
- the products must not have been opened, used or tampered with in any way;
- the seal affixed to the product packaging, which constitutes an integral part of the good itself, must not have been removed, damaged or tampered with in any way;
- the products must be returned in their original packaging, the packaging must be sealed as originally; if you want to return a kit, you must return all the items that make it up;
- the returned products must be delivered to the courier within fourteen (14) days from when you communicated to the Seller your decision to withdraw from the contract;
- the products must not be damaged.
- In the case of promotional sales/offers which involve the purchase of combined products to access the promotion/offer, you can exercise the right of withdrawal only by returning all the products purchased, unless otherwise agreed with the Seller.
5.8 If the Right of Withdrawal is exercised following the methods and terms indicated in this paragraph 5, the Seller will reimburse any sums already collected for the purchase of the products according to the methods and terms established.
5.9 The sums will be refunded to you as quickly as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, we will activate the reimbursement procedures, once the correct execution of the terms and conditions indicated above has been verified, as indicated in paragraph 5.7.
5.10 If the methods and terms for exercising your right of withdrawal, referred to in the previous paragraph 7, are not respected, you will not be entitled to a refund of the sums already paid to the Seller. Within 14 days of sending the e-mail notifying you of the non-acceptance of the return, you can choose to regain, at your expense, the products in the state in which they were returned to the Seller, by communicating this to the Seller himself, according to the methods that will be indicated to you. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase. If the conditions referred to in letters b), c), d), f), g) of the previous paragraph 5.7 are not respected, you will not be entitled to a full refund of the sums already paid to the Seller. You will, in fact, be responsible for the decrease in value of the returned products (which may even be total pursuant to art. 59 of Legislative Decree 206 of 2005 and subsequent amendments), resulting from use other than that authorized by the Seller for the purpose to allow you to ascertain the nature, characteristics and functioning of the products themselves. In this case, the corresponding decrease in the value of the products will be deducted from the expected refund of the sums paid by you to the Seller for the purchase of the returned products, according to what will be specifically communicated to you, via e-mail, by the Seller. Within 14 days of sending the e-mail in which you will be notified of the amount deducted from the refund, you can choose to regain, at your expense, the products in the state in which they were returned to the Seller, by communicating this to the Seller himself, according to the methods that will be indicated to you. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund, which, in the event of opening, use, or tampering with the seal, or damage (letters b, c, d, f of paragraph 5.7) will be equal to the entire value.
- Refund times and methods
6.1 After returning the products, the Seller will carry out the necessary checks relating to their conformity with the conditions and terms indicated in paragraph 5 for the exercise of the right of withdrawal, or with your declarations of non-conformity of the product, as indicated in points 1 ), 2), 3) and 5) of the Return Form . In the event that the checks are concluded positively, the Seller will send you, via email, the relevant confirmation of acceptance of the returned products.
In the event that the checks are not concluded positively, the Seller will inform you, via e-mail, of the found existence of a decrease in value of the returned products, resulting from your failure to comply with the conditions referred to in letters b) , c), d), e), f) of the previous paragraph 5.7 relating to the exercise of the right of withdrawal, or the non-existence of the reasons declared in points 1), 2), 3) and 5) of the Return Form . At the same time, the Seller will also inform you of the amount that will be deducted from the sums paid by you for the purchase of the returned products, which may even be equal to 100%; without prejudice, alternatively, to the possibility of regaining, at your expense, the products in the state in which they were returned to the Seller, in accordance with the provisions of the previous paragraph 5.10.
In the event that you wish to exercise the right of withdrawal provided for by art. 52 of the Consumer Code and return an item on which you have applied the discount code, once you have verified compliance with the conditions referred to in paragraph 5. Right of Withdrawal in all its paragraphs, letters and points, you will be refunded the difference in cost that you paid for the purchase of the item, net of the discount applied.
6.2 Whatever payment method you use, the refund, in full or in part, is activated by the Seller as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of your right. of withdrawal, after verifying the correct execution of your right of withdrawal and verification of the returned products, or in the shortest possible time if the return is due to one of the reasons referred to in points 1), 2) 3) and 5) of the Return Form Made
6.3 The Seller carries out the refund using the same payment method used by you for the purchase of the returned products, unless you have expressly agreed with the Seller on the use of a different payment method and provided that you do not have to pay any additional cost as a consequence of the reimbursement. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of exercise of the right of withdrawal, will be carried out by the Seller, in in any case, towards the person who made the payment.
6.4 The Seller indicates the DHL courier ( https://www.dhl.com ) as the courier for returning the products. Only via DHL will you be able to return the products to the Seller, without personally paying the necessary expenses. This method applies in all cases that may determine the return (points 1) to 5) of the Return Form .
This method in fact allows the Seller to pay directly, on your behalf, the costs of returning the purchased products, freeing you from any obligation to pay towards the courier. This method also allows you to check, at any time, where each package is located. If you choose this formula, you will be sent via email the waybill to apply to the package and the instructions for delivery to the courier.
- Promotional codes
7.1 Discount codes are codes, personalized or generic, that allow you to benefit from a discount on purchases made on the Site.
7.2 The "Discount code" field is displayed on the first page of the purchase process: once you have placed the items in the cart, enter your code in the box and click Apply. Depending on ongoing promotions, discount codes may only be applicable to specific items or specific categories of items, therefore other items placed in the Cart will not be subject to any discount.
7.3 Limitations on the use of the discount code: The discount code cannot be converted into money in any way; It will not be possible to use multiple discount codes in the same order, i.e. they cannot be combined; The discount code will only apply to items whose sales value exceeds the value of the code itself by at least 1 euro. Discount codes can have a limited duration, be subject to purchase minimums, or be customized in different ways.
- Applicable law and dispute resolution
8.1. The sales contract between the Customer and Joy Cosmetics srl is understood to be concluded in Italy and regulated, although not expressly agreed in these General Conditions of Sale, by Italian law and, for the protection of the Consumer, by the provisions of the Consumer Code ( Legislative Decree 206/05 and subsequent amendments) and, in particular, to the provisions of Part III, Title III, Chapter I ("Consumer rights in contracts") of the same.
8.2. Any dispute relating to the interpretation, execution, validity and/or effectiveness of this contract and of individual purchases made through the Site will be governed by Italian law and the solution will be delegated, exclusively, to the Italian jurisdictional authority.
8.3. If the Customer qualifies as a Consumer, the parties have the right to initiate extrajudicial settlement procedures (so-called "ADR") for the resolution of disputes relating to consumption, including electronically (so-called "ODR"), activating the appropriate procedure at one of the bodies legally accredited for this purpose. To this end, the European Commission has made available to Consumers resident in the European Union a platform for the extra-judicial online resolution of disputes concerning contractual obligations deriving from sales or online service contracts, which can be accessed through the website https ://webgate.ec.europa.eu/odr. Once connected to the site, the Consumer will be asked to complete and send an online complaint form to the Seller, again via the platform. Once the complaint has been sent, the Customer and the Seller have 30 days to choose, by mutual agreement and from those listed in the aforementioned platform, a dispute resolution body that can deal with the case. If there is no agreement, the complaint will not be processed further. If, however, there is agreement on the choice of body, the European platform will forward the details of the dispute to the latter who will have three weeks to decide whether it has the competence to deal with the complaint received and notify the Consumer. If the chosen body is competent, a solution to the complaint must be found within 90 days. For further information, please consult the help page on the platform at: https://webgate.ec.europa.eu/odr/main/?event=main.help.show
8.4. In any case, the possibility for the parties to appeal to ordinary jurisdiction for the satisfaction of their rights is reserved. If this procedure is carried out by the Customer-Consumer, the Judge of the place of domicile or residence of the latter, or that of the Seller, will be competent, at his choice.
Last updated, October 3, 2022
Creation Date 08/11/2021