These Terms and Conditions shall apply to any contract of sale of Products made through our Website ("Contract"). You should read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from our Website.
The Contract will apply to any contract for the sale of Products made through our Website.
Please note that by ordering any of our Products, you accept these Terms and Conditions, which shall be binding on you. If you do not agree to these Terms and Conditions, you will not be able to purchase Products from our Website.
You should note that by ordering any of our Products, you agree to these Terms and Conditions, which shall be binding on you.
1 Understanding of these Terms and Conditions
1.1 Terms defined in these Terms and Conditions (identified by a capital letter) shall have only the meaning ascribed to them in these Terms and Conditions.
1.2 When we refer to "we", "us" or "our", we are referring to Laboratoires Holique S.r.l.; when we refer to "you" or "your", we are referring to the user, i.e. the person who purchases the Products from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to help you locate information easily. These Terms and Conditions, and any Purchase Agreement entered into with you, are only available in Italian. We recommend that you print or save a copy of these General Conditions for your reference. These Terms and Conditions may be subject to change (see section 14 below), so please check the Website before ordering Products to ensure that you understand the Terms and Conditions in force at the time of purchase.
2 About Us
2.1 We are Laboratoires Holique S.r.l., a company registered in Italy with P.IVA 11484070963 and we operate the Website. Our principal place of business is Via Tolentino 5, 20155 Milan, Italy.
2.2 If you wish to contact us, please use the form on the Contact Us page of our Website (available under the Contact Us section) and our customer service team will be happy to help you.
3 Our Products
3.1 We have an unparalleled commitment to excellence, luxury and the science of skincare. For information about our Products (including their benefits, application methods and the perfect complementary products to complement your desired Product), please visit the Collections page on our Website (available on the Collection Overview page
3.2 The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Goods may vary from those shown in the images on our Website.
3.3 Some of the Goods may not be available in the collection.
3.3 Some of our Products are available in different sizes, packaging, quantities and varieties. The various options for each Product are set out on the relevant Product page on our Website.
3.4 All Products are subject to the following conditions
3.4 All Products displayed on our Website are subject to availability. We will inform you promptly by email if the Product you have ordered is not available. In this case your order will be automatically cancelled.
4 User Account
4.1 You do not need to register to browse our Website or purchase Products, but if you choose to register and create an account you will be able to fully enjoy our Website and customize your experience, as well as benefit from discounts and rewards.
4.2 By creating an account, you will be able to securely store your credit or debit card information to simplify and expedite payments, store and change shipping addresses and billing information, and review your history of previous purchases and orders.
4.3 When you register or purchase Products through our Website, you will be asked to provide certain information including your name, telephone number and email address. You will also be asked to provide valid credentials of a credit or debit card that you are legally authorized to use. We reserve the right to request additional proof or evidence of billing information where we believe it is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.
5 Buying Products from us
5.1 You may only purchase Products from our Website if you are at least 18 years old.
5.2 You may not purchase Products from our Website for commercial and/or resale purposes.
5.3 Our order fulfillment process allows you to check and amend any errors before placing your order. The User must take the time to read and check the order on each page of the order process. In particular, you must check the quantities, sizes and packaging of each of the Products in your order.
5.4 By clicking on "Submit Order" you agree to purchase and pay for the Products indicated in your order. Your order constitutes an offer by you to enter into a Contract for the purchase of the Products listed in your order. The Contract is subject to these General Conditions. By placing an order, you confirm that you accept these Terms and Conditions in their entirety.
5.5 Once you have placed an order, you will receive an email from us confirming that we have received your order. This does not mean that your order has been accepted.
5.6 If your order is accepted, you will receive an email confirming acceptance of your order ("Order Acceptance"). The Contract will only be formed when You receive Acceptance of the Order. The Order Acceptance will include a summary of the general and special conditions applicable to the Contract, information relating to the essential characteristics of the Product and details of the price, means of payment, right of withdrawal, delivery costs and any other charges. With the Order Acceptance the User will be sent a copy of these General Conditions. The User must carefully read the information contained in the Order Acceptance as well as the General Conditions transmitted with it. We will send you a further email when the products in your order have been shipped ("Shipping Confirmation").
5.7 Only the Products listed in the Order Acceptance are included in the Contract concluded with you. If there is any error in your Order Acceptance, please contact us as soon as possible using the form on the Contact Us page of our Website.
5.8 If you do not receive your Order Acceptance, please contact us as soon as possible using the form on the Contact Us page of our Website.
5.8 If we are unable to supply a Product to you (because, for example, that Product is out of stock or out of production), we will inform you promptly by e-mail and will not process your order, which will be deemed to be cancelled. If you have already paid for the Product(s), we will refund the full amount as soon as possible. In case of partial unavailability of the ordered Products:
- You will be promptly informed by email of the unavailability of some of the Products ordered
- the order is confirmed and the user will be charged only the amount of the products actually sent
- The user will receive the products available.
6 Prices of Products
6.1 The prices of the Products will be indicated on our Website from time to time. All prices shown on the Website are inclusive of VAT. We make every effort to ensure that the prices of the Products are correct at the time the relevant information is entered into the system. However, in the event that we discover an error in the prices you have ordered from our Website, you will be informed immediately of the correct price and will have the choice of confirming your purchase at the correct price or cancelling your order. We are under no obligation to supply the Products at a lower price if we have made a pricing error. We will not process your order until we have received confirmation from you. If we do not confirm your order at the correct price, we will treat your order as cancelled.
6.2 The prices of the Products, as set out on our Website, may be subject to change. However, any changes will not affect any order that we have confirmed by an Order Acceptance.
7 Payment Methods
7.1 You may pay for Products using a credit card or PayPal. We accept the following cards: Visa, MasterCard, Maestro and American Express.
7.2 By ordering Products from us through our Website, you authorize us to run credit and fraud checks on you and the payment method you have provided. These checks may be necessary, among other things, to verify your identity, to validate your credit or debit card, to obtain a pre-authorization on your credit or debit card and/or to authorize individual purchases. You authorize us to disclose the information you provide, including personal information, to third parties such as banks and credit report providers for the purposes of such checks and agree that such parties may keep a record of such information. You also agree that we may make the information we receive from such checks available to third parties, including fraud prevention and credit rating agencies. We reserve the right to establish additional payment security systems from time to time.
7.3 If the amount due from you for your order cannot be deducted or charged, for any reason, your order will be cancelled (we will notify you using the contact details provided during the order process).
7.4 Your debit or credit card will not be charged until we ship your order (at which point we will accept payment for the Products and all applicable shipping charges in full).
8.1 We will process your order within the estimated delivery time, but in any event no later than 30 days from the delivery date of completion of the Contract, unless delivery is made impossible due to an event beyond our reasonable control ("Force Majeure Event"; see section 13 below for more information on the applicable force majeure event rules). If we are unable to meet the estimated delivery time due to a Force Majeure Event, we will immediately inform you and update you on the time required for delivery.
8.2 Delivery will be completed when we deliver the Goods to the address you have provided to us (so you must ensure that the delivery details you provide are accurate as we will not be liable for any delay or non-delivery as a result of your error).
8.3 If you order Products from our Website for delivery to one of our International Delivery Destinations, your order may be subject to import duties and taxes which are applied when delivery reaches that destination. Please note that we have no control over such charges and cannot predict the amount of such charges. You are responsible for payment of such import duties and taxes. Please contact your local customs office for more information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the Products are intended. We will not be liable for any breach of such laws or regulations.
9 Returns and Refunds
9.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer service department using the form on the Contact Us page of our Website (available under the Contact Us section). The discipline of the right of withdrawal and the procedures for exercising this right are governed by clauses 9.2, 9.3, 9.4 and 9.5 of these General Conditions. The modalities of exercising the right of withdrawal will also be explained in the Order Acceptance sent to the User.
9.2 You may cancel the Contract within 30 days of delivery of the Goods, by means of an express statement sent to us by post, fax or to our e-mail address. In order to comply with the aforementioned deadline, it is sufficient for you to send us the notice of withdrawal in the manner set out above before the expiry of the withdrawal period. Within the same period of 30 days from the delivery of the Products, the User must return the purchased Products to us. The deadline is met if you return the goods before the expiry of the 30-day period. For reasons of hygiene or health protection, the right of withdrawal is not exercisable in relation to Products whose packaging has a seal that has been opened after delivery.
9.3 If you return one or more Goods in connection with an order, you must also return any exclusive offer/gift received with the purchase of the Goods (Gift With Purchase, GWP) that you may have received with that order or you will be charged the full value of the GWP. In the event of a cancellation, we will pay the shipping costs for the return of the Products. The Product must be returned packaged in its original packaging and shipped with the appropriate return form and pre-paid shipping label. You will be contacted by email for return instructions.
9.4 You will receive a full refund of the price paid for the Goods and any applicable delivery charges paid by you. We will refund the amount due to you as soon as possible and, in any event, within 14 days of the day on which we are notified of your withdrawal (as described in section 9.3 above). We will refund the amount to the credit or debit card used by you to pay, unless you indicate otherwise.
9.5 To receive a refund, you must return the Products to us as soon as reasonably practicable. Unless the Products are defective or not as described (in which case, section 9.6 below applies), you are responsible for taking reasonable care of the Products until they are returned to us.
9.6 Please note that the Products offered for sale on the Website are covered by the statutory warranty. The legal guarantee applies when, within a period of two years from delivery, the Product purchased by the User has a conformity defect, by which is meant a good (i) not suitable for the use for which goods of the same type are normally used, (ii) not conforming to the description on the Website, (iii) lacking the quality and performance usual for goods of the same type, which the User can reasonably expect. In the event that the Products we sell to you have a lack of conformity, as described above, you must notify us of such lack of conformity within a period of 2 months from the date of discovery, under penalty of forfeiture. If, following the appropriate checks on the Product, the complaint is well-founded, the User will be entitled to obtain the replacement of the Product at no additional cost. If replacement is impossible or excessively expensive, you may, at your option, request an appropriate price reduction or termination of the Contract. These rights are not affected by our general returns policy (referred to above) or by these Terms and Conditions.
10 Our liability
10.1 In the event of any breach of these General Terms and Conditions and our obligations under the Contract, we shall only be liable for loss or damage suffered which is a foreseeable consequence of our breach of these General Terms and Conditions or our obligations under the Contract.
10.2 We provide the Products (including any free samples provided with your order) for your domestic and private use only. You agree not to use the Products for commercial, business or resale purposes, and we will have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
10.3 We do not exclude or limit our liability in any way for:
- death or personal injury caused by our negligence;
- fraud or misrepresentation; and
- any matter for which it would be unlawful to exclude or limit liability.
10.4 We shall not be liable to you for any lack of conformity which did not exist at the time of delivery of the Goods and in the event that the damage suffered by you was caused by your use of the Goods in a manner inconsistent with the instructions for use and/or in general in a manner inconsistent with their normal purpose of use.
11 Use of our Website
12 Your Personal Information
13 Force Majeure Events
13.1 We will not be liable in any way for failures or delays in the performance of any of our obligations under the Contract and the Terms and Conditions caused by a Force Majeure Event, i.e. events beyond our reasonable control.
13.2 If a Force Majeure Event occurs which affects the performance of our obligations under this Agreement:
- we will contact you as soon as reasonably practicable to notify you; and
- our contractual obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects the delivery of the Products to you, we will arrange a new delivery date after the Force Majeure Event has ended. It is understood that even in the event of a Force Majeure Event we will endeavour to find a solution by which we can meet our contractual obligations.
14 Amendments to these Terms and Conditions
14.1 We reserve the right to amend these General Terms and Conditions at any time (if, for example, we wish to make changes to the way in which we accept payment from you or if there is a change in legislation which makes it necessary to amend these General Terms and Conditions). Such changes and variations, if not substantial (e.g. of mere form, contact details, etc.), will be announced by means of general notices to Users published on the Website. In case of substantial changes or variations, the User will be duly informed by means of e-mail communications indicating the effective date of the changes. Such changes will always and in any case respect the minimum rights recognized to consumers under current legislation.
14.2 In any case, the General Conditions that regulate the relationship between the parties are those foreseen on the date of the conclusion of the Contract. The current version of these General Conditions will be available on our Website. You will be required to review the Terms and Conditions on our Website each time you place an order and purchase Products from our Website.
We hope that you have no reason to make a complaint, but if you do, we would like to hear from you so that we can try to resolve it and make sure that it does not happen again in the future. Please contact our customer service department using the form on the Contact Us page of our Website (available under the Contact Us section).
16 Other relevant information
16.1 We may transfer our rights and obligations under this Agreement to another organization, to the extent that this is not detrimental to your rights, and without any limitation on our obligations under these Terms and Conditions.
16.2 The Contract is between You and Us. No other person shall have any claim against us or against you under the Contract.
16.3 Each of the following shall be deemed to be a contract between us and you.
16.3 Each of the provisions of these Terms and Conditions operates separately. In the event of the invalidity or unenforceability of any of them, the remaining provisions shall remain in full force and effect.
16.4 Failure to comply with any of the provisions of these Terms and Conditions may result in a breach of contract.
16.4 Failure or delay on our part to exercise one or more of our rights under the Contract and/or these Terms and Conditions shall in no way be deemed a waiver of such rights. If you fail to perform or delay in performing your obligations under these Terms and Conditions or the Contract, we reserve the right to take action against you to enforce our rights. Any waiver by us of a breach of contract by you shall be in writing only. In any event, any waiver of a breach of contract by you shall not automatically waive our rights under the Contract and/or these Terms and Conditions in the event of any subsequent breach by you.
16.5 These Terms and Conditions constitute the entire agreement between You and us and supersede all prior agreements between You and us.
17 Applicable Law and Competent Forum
17.1 These General Conditions and the Contract stipulated with the User for the purchase of the Products are governed by Italian law.
17.2 Any dispute arising from these Terms and Conditions shall be settled by the Court of the place of residence or domicile of the User, if located in the Italian territory.
17.3 We inform Users that they may resolve any dispute arising from the correct application of this Agreement, including, by way of example, disputes relating to the validity, non-performance, in whole or in part, of the services provided by us and/or the termination of the contract, through an online procedure (Online Dispute Resolution - "ODR Procedure"), which can be activated by accessing the online platform made available by the European Commission at the following link: http://ec. europa.eu/consumer/odr. In any case, the parties have the possibility to solve the disputes between them before the competent judicial authorities or by using another ADR procedure ("Alternative Dispute Resolution")