Terms of service
GENERAL TERMS AND CONDITIONS
- Characteristics and Price of the Products
- Registration on the Website
- Purchase of Products
- Discount code
- Right of withdrawal
- Lack of conformity
- Order management
- Industrial and intellectual property
- Force majeure
- Limitation of liability
- Unauthorised uses of the Website
- Applicable law and competent court
- Out-of-court dispute resolution
- Final clauses
Who we are: Muuh S.r.l. with registered office in Via Giuseppe Mazzini n. 11 – 20123 Milan Tax code and VAT no.: 09938460962 registered with the Chamber of Commerce of Milan Monza Brianza Lodi REA no.: MI – 2123525 (the "Company")
What we do: the Company operates in the market for the sale of products online and, in particular, cosmetics and personal care and wellness products (the "Products").
Our website: SysterBeauty can be reached at the link www.systerbeauty.com (the "Website")
Our contact details:
For any information, request for assistance, order management and complaints relating to the use of the Website and/or the Products, you can contact the Company at the following addresses:
Toll-free phone number:
2.1 This document sets out the general terms and conditions that define and govern the use of the Website and the sale of the Services and Products offered by the Company through the Website to the consumer who intends to purchase such products and/or use the services available on the Website (hereinafter the "Customer" or "User").
We remind you that by consumer, we mean the natural person acting for purposes that are outside the trading, business, craft, or professional activities carried out.
2.2 The use of the Website and its services and/or the purchase of Products implies the acceptance of the following general conditions (hereinafter the "General Conditions"), which are to be considered valid until modified by the Company. The changes will be valid and effective from the date of publication on the Website and, therefore, will not be applicable to orders sent by the Customer before that date.
If the Customer does not intend to accept the changes made to the General Conditions, he or she must stop using the Website and, if necessary, delete his or her personal account by writing to firstname.lastname@example.org.
2.3 We remind you that the use of the services provided by the Company through the Website and/or the purchase of Products is reserved for consumers who have reached the age of 18. If you are under 18 years of age, please read the General Conditions with your parents or those exercising parental responsibility, who must understand and accept them in order to allow you to use the Website.
3.1 The Company displays on the Website the Products on sale that the Customer can select and purchase according to the procedures indicated in article 5 of the General Conditions.
The Company may at any time change the availability, price, description and images of the Products on the Website, without having to give prior notice to the User.
3.2 With specific regard to the price of the Product, it is understood that the price that will be charged to the Customer will be the price indicated in the order summary, viewed by the Customer before placing the order, and that, therefore, any changes to the price made after the transmission of the order will not have any impact on the order itself.
The prices of the Products indicated for each Product on the Website include the VAT applicable at the time the order is sent.
4.1 The Website gives the User the possibility to create a personal account, by registering according to the procedures indicated in the "Create account" section.
To do so, the User must enter the information requested in the relevant form (first name, surname, email address), choose a password and finalise the procedure by clicking on the "Create" button.
4.2 Through their personal area, the User can:
- manage his/her personal data, by entering further information, such as, for example, the shipping address to be used by default and date of birth, and modify this information at any time;
- consult his/her order history to view purchases already made.
4.3 Registration on the Website is free and is not mandatory for the purpose of purchasing the Products.
Through the Website, the Customer can purchase the Products in the manner indicated below.
- Choice of Products
The Customer has the right to purchase, through the Website, the Products available, selecting those that interest him/her and adding them to the "Cart" in the desired quantity.
By selecting the "Cart" button, the Customer accesses the relevant section, where he/she can (i) check the Products added to the cart and the relative purchase price, (ii) delete the selected Products, (iii) increase the quantity of the selected Products, (iv) return to the previous section to continue shopping, (v) continue with the finalisation of the purchase of the Products by clicking on "Checkout", thereby accessing the section relating to the shipping information.
- Entering information
In order to continue with the finalisation of the order, the Customer can alternatively:
- log in to his/her personal account: in this case, the registered User will be able to verify their personal data and, if necessary, modify it.
- if you have not registered on the Website or do not wish to log in to your personal area, enter your shipment details in the appropriate fields.
- Shipping cost
In the shipping section, the Customer has the possibility to change the contact information indicated and the shipping address. Shipping costs are automatically calculated based on the country of delivery and indicated in the order summary data.
- d. Payment
For payment through the Website, the Company uses the following online payment methods:
- payment by credit/debit card
- payment via the PayPal platform
- payment via ShopPay, ApplePay and GooglePay
In case of payment by credit/debit card, the Customer must enter the data in the relevant fields in the payment section.
In the case of payment via the PayPal, ShopPay, and GooglePay platforms, by selecting the chosen payment method, the User will be taken directly to the selected payment platform to finalise the payment procedure, where he or she will be requested to enter the required information into the payment platform and accept its terms and conditions.
At this stage, the Customer has the option of entering a specific invoicing address if this is different from the shipping address.
At each stage of the purchase procedure, the Customer always has the opportunity to check the correctness and/or modify the information entered, as well as to return to the previous stage to modify his or her order.
- Order confirmation
Once payment has been made by the User, the Company, after checking the purchase order and the availability of the Products ordered by the User, will send an order confirmation to the Customer by email. The contract is to be considered completed at the time the order confirmation is sent to the Customer.
This confirmation shall contain details of the products purchased, the price of each Product, the amount of the delivery costs, the applicable taxes and the relevant date of receipt of the Product, the payment method, the terms for exercising the right of withdrawal, as well as the Company's identification data.
- Product Shipment and Delivery
The Company undertakes to deliver the Product to the courier within 5 working days from the date on which the order confirmation is sent to the Customer, without prejudice to any changes to the indicated timing that will be communicated directly to the Customer and/or on the Website. Delivery will be made to the address indicated by the Customer during the purchase procedure, or to the address already entered in his or her personal area.
6.1 In the context of promotional initiatives that the Company may activate, the Company may grant its Customers the possibility of using discount codes through which they may obtain a reduction in the price of the Product and/or benefits (hereinafter, also "Discount"). Details relating to the specific methods of using the Discounts and/or the requirements relating to the use of the same shall be governed by the specific promotional initiatives implemented by the Company from time to time and advertised through the Website.
7.1 The purchase of Products through the Website is governed by Legislative Decree 206/2005 (the "Italian Consumer Code").
Article 52 of the Italian Consumer Code provides that the Customer, in his or her capacity as a consumer, has the right to withdraw from the contract for the purchase of Products, without a specific reason, within 14 (fourteen) days from the date on which the Customer or a third party commissioned by him or her has taken possession of the Product ("Withdrawal Period"), subject to the exceptions provided for under article 59 of the Italian Consumer Code (e.g., customised products).
7.2 In order to exercise the right of withdrawal, the Customer must inform the Company of the decision to withdraw, by sending the Company a communication indicating the Customer's intention to exercise this right, within the Withdrawal Period.
This communication can be sent by email to the following address: email@example.com.
Once the right of withdrawal has been exercised, the Customer must return the Products to the Company within 14 (fourteen) days from the date of withdrawal, by sending them – via the carrier of his or her choice – to the following address: Via Giuseppe Mazzini 9/11, 20123 Milano (MI)
The Product must be returned intact and without tampering and contained in the original packaging. Therefore, the Customer is required not to remove any labels on the Product itself. The Customer must include a copy of the Order confirmation in the package. The cost of returning the Products is charged to the Customer.
In the event that the Product being returned is not intact and/or not contained in the original packaging, the Company reserves the right not to return the sums paid by the Customer.
7.3 Once the Product has been returned, the Company will refund the sums paid for the Products by the same means of payment used to purchase the Product, unless otherwise agreed with the Customer.
8.1 The sale of the Products is subject to the application of articles 128 et seq. of the Italian Consumer Code. Therefore, if the Customer receives a Product with a conformity defect, the legal guarantee of conformity of goods shall apply, as indicated below.
In the event that the Customer receives a defective Product, the Company shall replace this Product with the same one within seven days from the sending of the communication by the Customer to firstname.lastname@example.org – accompanied by images proving errors, defects, deficiencies or tampering – at no cost to the Customer. Without prejudice to the foregoing, in the event of exhausted or limited stocks or, in general, in the event that it is impossible to replace or supply the Product, the Company shall – subject to agreement with the Customer – replace the Product with a different one, or refund the sums paid for the non-conforming Products.
8.2 The Customer is required to communicate the lack of conformity to the Company no later than 2 (two) months from the date on which he or she discovered the lack of conformity of the Product. In the event of failure to notify within the prescribed period, the Customer shall forfeit this right. The Company is responsible when the lack of conformity occurs within the term of 2 (two) years from the delivery of the goods.
Actions intended to enforce the lack of conformity not maliciously concealed by the Company shall in any case lapse within 26 (twenty-six) months from delivery of the Product.
9.1 Incorrect or incomplete order: In the event that the Product delivered is different from the Product ordered by the Customer ("Incorrect Order") or the Product delivered does not include all the Products ordered by the Customer ("Incomplete Order"), the Customer has 14 (fourteen) days from receipt of the Incorrect or Incomplete Order to notify the Company. This report must be sent to the following email address: email@example.com taking care to indicate the order references. In this case, the Customer has the option of requesting either a refund of the price paid for the product not received or the shipment of the product ordered. Failure by the Customer to notify us within fourteen days of receipt of the order shall be equivalent to its acceptance.
9.2 In the event of an incorrect Order, the Customer is obliged to send the non-requested Products to the Company by the carrier of his or her choice. The costs relating to this shipment shall be borne by the Company.
9.3 In the cases referred to in this article, the Company will reimburse the price of the undelivered Products within 14 (fourteen) days from the date of receipt of the incorrect Products, or from the date of notification of the partial Order.
Without prejudice to the foregoing, in the event of exhausted or limited stocks or, in general, in the event that it is impossible to replace or supply the Product, the Company reserves the right to activate, at its own discretion, discounts or promotions of a value equal to the missing Product.
9.4 Undelivered order: In the event of non-delivery of an order, the Customer shall notify the Company by sending an email to the following address: firstname.lastname@example.org, taking care to indicate the Order reference. Depending on the Customer's needs, the Company will either reship the Order or reimburse the costs related to the Order placed through the payment method chosen by the Customer. The refund shall be made within thirty days of receipt of the request by the Customer.
It is understood that the Customer hereby exonerates the Company from any liability in connection with incorrect delivery in the event that the User does not promptly change his or her account data.
10.1 All trademarks, logos, ideograms, names, trade names and, in general, distinctive signs appearing on the Site are registered and/or used trademarks belonging to the Company (hereinafter, the "Signs").
10.2 All industrial and intellectual property rights relating to the Website, its contents, related software, Products and Signs, including, purely by way of example, the SYSTER trademark (hereinafter also referred to jointly as the "Properties") are and remain the exclusive property and exclusive use of the Company. The User is expressly prohibited from copying, modifying, decoding, duplicating, distributing the Properties as well as creating works derived from or based on the Properties as well as derived from or based on any other Sign owned by the Company.
The Company shall not be held liable and shall not be obliged to pay any indemnity to the User in the event of failure to fulfil any of its obligations under these General Conditions due to or in connection with events of force majeure such as, but not limited to, riots, social unrest, epidemics, pandemics, general measures taken by the Authority, telephone or computer network failures, serious threats to collective security and failures in the functionality of the Internet.
13.1 The Company is not responsible for any damage suffered or caused to the User due to the use of the Website.
13.2 In particular, except in the case of willful misconduct or gross negligence, the Company is exempt from any liability towards the User or third parties in the case of:
- damage or deterioration of the Software or the User's hardware equipment caused by the Website;
- damage occurring as a result of unavailability or malfunctioning of the Website.
13.3 The Company assumes no responsibility for any damage resulting from improper use of the Website by Users.
13.4 Notwithstanding the above, the Company is not liable in any case towards the User or third parties for:
- the loss of data, since the User is the only person responsible for backing up their data;
- the temporary or permanent suspension of the Website;
- the contents and websites of third parties referred to through the Website.
- Unauthorised uses of the Website
- 1 Users are expressly prohibited from:
- bypassing or circumventing the technological protection measures of the Website;
- copying, modifying, translating, adapting, reprocessing, disassembling, decompiling, deciphering or exploiting the data or computer programs contained on the Website, or authorising third parties to do so;
- using the Website in a way that may damage, disable, impair or overload it;
- using unauthorised technology or automated systems to access the Website or extract content from the Website;
- interfering with servers or networks connected to the Website;
- publishing or using false, libellous or defamatory data;
- Users shall refrain from any direct and/or indirect use of the Services and the Website in contravention of the law or contrary to the provisions of these General Conditions and/or those contained on the Website;
- Users shall refrain from posting on the Website any content that is obscene, offensive, violent, defamatory, harmful to personal dignity, blasphemous and, in general, contrary to applicable legislation;
- Users shall not engage in conduct in breach of these General Conditions, procedures, or regulatory policies of the networks connected to the Website.
14.2 Any attempt to impede or obstruct the legitimate operation of the Website constitutes a violation of applicable law and the Company reserves the right to suspend the use of the Website for the individual User, refuse orders transmitted by Users who have engaged in the above conduct, as well as seek compensation for damages caused by the perpetrators of such an attempt to the fullest extent permitted by law.
15.1. These General Conditions and, consequently, the contracts concluded with the Customers are governed by Italian law and must be interpreted in accordance with it (including Italian Legislative Decree no. 206 of 6 September 2005, "Italian Consumer Code" and, in particular, "Chapter I, Title III of Part III" as well as Italian Legislative Decree no. 70 of 9 April 2003, "E-commerce Decree").
15.2. Any dispute arising from the interpretation, validity and/or execution of these General Conditions shall be submitted to the mandatory jurisdiction of the courts of the place of residence or domicile of the Customer.
16.1 Without prejudice to the possibility of appealing to the Judicial Authorities as indicated in article 15. above, the User has the possibility of promoting the out-of-court settlement of disputes by contacting the Company at the email address email@example.com.
16.2 In addition, the Company informs you, pursuant to article 14 of Regulation (EU) no. 524/2013, that, for the purposes of the out-of-court settlement of disputes, the User may make use of the European platform ODR (Online Dispute Resolution), accessible at http://ec.europa.eu/consumers/odr, made available by the European Commission.
16.3 It is understood that, regardless of the outcome of the above out-of-court settlement procedure, the User may always refer the matter to the competent Judicial Authority pursuant to article 14. above.
17.1 The Company shall process the Customer's personal data in accordance with the applicable data protection legislation, including European General Regulation no. 2016/679.
17.2 To this end, the Company shall adopt all security measures deemed appropriate to protect the personal data of the Customers who use the Website and purchase Products through it.
18.1 The invalidity and/or ineffectiveness of one or part of the clauses of these General Conditions does not entail the invalidity and/or ineffectiveness of all the other clauses, which will continue to remain in force and binding for the part not affected by said invalidity and/or ineffectiveness.
18.2 Failure to exercise or partial or delayed exercise of any of the rights, powers or faculties provided for in these General Conditions shall not in any way constitute a waiver thereof, nor shall it constitute a waiver of the right to demand proper performance of the obligations assumed.
Date of issue of these Terms and Conditions: 15 November 2021.