GENERAL AGREEMENTS AND CONDITIONS OF SALE

Given that

The merciavous.it website (the “ Site ”) is owned by TAVSrl, with headquarters in Milan (MI) in Viale Evaristo Stefini 8, CAP 20125, VAT number 13631140962, e-mail: tavsrl2024@pec.it (the “ Company ”), responsible for the online sales service.
The Site is dedicated to the retail sale of cosmetic products.
The Company complies with the legislation on the sale of cosmetic products pursuant to Regulation (EC) 1223/2009, directly applicable to all products intended to be marketed in the European Union and related provisions, including Regulation (EU) 655/2013, as well as distance contracts pursuant to Articles 45 et seq. of Legislative Decree 206/2005 and subsequent amendments.

Given the above, the following is agreed:

Article 1 – Introduction and Annexes

The premises and attachments constitute an integral and substantial part of these Agreements and Conditions.

Article 2 – General Conditions

These Terms and Conditions of Sale (“ General Conditions ”) integrate the contractual rules for each individual sale of the products indicated on the Site (“ Products ”) to the consumer purchaser (“ User ”).

Article 3 – Products

The graphic design of the delivered products may not match that shown on the Site, as the photos displayed on the Site are purely indicative. The products may therefore be subject to variations compared to those presented in the catalog.

Article 4 – Order

4.1 The inclusion of the Products on the Site does not constitute a proposal or an offer to the public, but represents an invitation to offer addressed to the User, who may forward his purchase proposal (“ Order ”) through the methods specified below.

4.2 The User will submit the Order through the dedicated section on the Site, which will allow the User to choose the Products to add to the cart. Once the Product has been added to the cart, the User will click the "Proceed with order" button and will be redirected to a page where they can enter their information: name, surname, tax code, billing address and shipping address (if different from the billing address), and email address.

4.3 Placing an Order requires acceptance of these General Conditions, as well as reading the privacy policy on the Site.

4.4 The User will complete the Order by clicking the "Confirm Order" button (" Order Confirmation "). This will indicate that the Order has been sent. At the same time, the User will receive an automatic email confirming the Order has been sent, which does not constitute Confirmation.

4.5 All Orders are subject to Confirmation from the Company, which will be sent to the User via email. The User is required to retain a copy of the Order Confirmation.

4.6 The Company, due to unforeseen logistical and organizational difficulties, may cancel the Order by notifying the User via email or telephone, or, by prior arrangement with the User, change the delivery date and/or time. In the event of excessive customer demand, the Company reserves the right to limit the number of changes to orders already placed.

4.7 In the event that one or more Products are unavailable after the Order, the Company will contact the User as soon as possible, indicating the timeframe for re-availability. If the timeframe for re-availability of the Product exceeds 10 working days, the User will be given the option to cancel the Order, with the right to a refund.

In any case, the Company will not be held responsible for the unavailability, even partial, of one or more Products, in this sense any compensation for damages in favor of the User is excluded.

Article 5 – Prices

5.1 The price of the Products is indicated on the Site, next to the graphic view of each one.

5.2 The price of the Products is indicated in euros and includes VAT.

5.3 The price does not include shipping costs, which are the responsibility of the User.

5.4 The price of the Products is to be considered net of any promotions and cannot be subject to change at the time the Order is sent.

5.5 The final cost of the Order includes delivery costs and any additional charges.

Article 6 – Delivery

6.1 The Company undertakes to deliver the Products, including by express courier, to the address indicated by the User. Therefore, in the event of partial or incorrect information, delivery will not be guaranteed and the Company cannot be held responsible for non-delivery.

6.2 Delivery will take place to the address indicated by the User within 24/48 hours, Monday to Friday, excluding islands and remote areas, where delivery will take place within 48/72 hours, Monday to Friday. Delivery service is also guaranteed only for easily accessible homes (for example, homes accessible only via dirt roads or pedestrian-only roads). Staff will simply deliver the goods to the landing in front of the home's front door. For organizational and service efficiency reasons, the Order cannot be verified or inspected by the User at the time of delivery.

6.3 Delivery costs are €5.90 + VAT. For the Venice-Lampedusa-Capraia-Elba areas (the so-called smaller islands excluding Sicily and Sardinia), a fixed surcharge of €20 + shipping costs + VAT applies.

6.4 Delivery times are merely indicative estimates based exclusively on availability, processing of the Order and delivery times declared by any couriers and do not entail any obligation for the Company.

6.5 The Company will not be held liable in the event of delays in delivery due to events beyond its control, such as, for example, delays due to courier activity, strikes, or restrictions resulting from government or state measures.

6.6 The Company reserves ownership of the Products sold until the moment of delivery, meaning the moment in which the User or his delegate comes into physical possession of the purchased Products.

6.7 In the event that the delivery is placed in storage by the courier and the Company has to pay the storage costs, these will be charged to the User.

6.8 If, following failure to collect the Products in storage, they are returned to the sender, the Company will notify the User and give them up to 3 days to request a new shipment, at the User's expense. If the User does not respond or responds negatively, the Company will be entitled to resell the Product, as no transfer of ownership has occurred. The Company will therefore be required to refund only 50% of the amount paid by the User, retaining the remaining 50% as a penalty.

6.9 Shipments will be processed on Mondays and Thursdays. Orders received correctly (i.e. with all the correct shipping information) by 9:00 a.m. on the specified days will be processed. Otherwise, orders will be processed on the next available shipping day.

Article 7 – Payment

The User can make the purchase using the following payment methods:
Online , with a credit , debit, or prepaid card enabled for online payments through MasterCard, Visa, or American Express. Payment will be processed upon issuance of the tax document. Payment by credit, debit, or prepaid card may only be made using a single card that covers the entire purchase amount.

Article 8 – Invoice

Issuing an invoice is not mandatory unless requested by the User no later than the time the order is placed, as indicated in the Presidential Decree of 26/10/1972 n. 633 – art. 22.

Article 9 – Right of Withdrawal

9.1 The User's rights are protected by Legislative Decree 206/2005 and subsequent amendments. The User therefore has the right to withdraw from the contract, even partially, without explanation and without incurring additional costs, provided that the withdrawal is communicated to the Company by email to shop@merciavous.it within 14 working days of receiving the Products. This communication must specify the intention to withdraw from the purchase and the Products for which the right of withdrawal is being exercised, attaching a copy of the receipt. The User must then return the Products at their own expense by sending them via post or courier to the Company's warehouse located at Via Magenta 29, Gallarate, VA, 21013, IT. If the withdrawal is exercised in accordance with the methods described, the Company will refund the price paid by the User for the Products, using the same payment method used for the purchase, within 14 days of the date on which it became aware of the User's exercise of the right of withdrawal. The User will be responsible for any diminished value of the returned item resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the item.

9.2 Without prejudice to the provisions of Article 9.1 above, the right of withdrawal is not permitted in all cases provided for by Article 59 of Legislative Decree 206/2005 and, in particular, for:
– sealed packaged products, opened by the User, which are not suitable for return for hygiene or health protection reasons;
– custom-made or personalized goods;
– goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly;

– virtual products (for example, but not limited to: gift boxes, gift cards, fuel vouchers, virtual top-ups, etc.) if the performance has begun with the consumer's express consent and his/her acknowledgement that in this case he/she would lose the right of withdrawal.

Article 10 – Suspension from service

In the event of serious breaches by the User (for example but not limited to: failure to pay for the Order, repeated absence of the User at the time of delivery), the Company, upon written notice to the User, reserves the right to suspend the service.

Article 11 – Liability

11.1 The Company guarantees compliance with product quality standards exclusively up until the time of delivery to the location indicated by the User. Therefore, any liability for poor product condition due to improper storage after delivery is excluded. The Company declines all liability for direct or indirect damages of any nature or form resulting from use of the Site and/or the information, photos, and content therein, and if delivery occurs, at the User's request, within the User's home.

11.2 The information relating to the Products provided through the Site is constantly updated. Without prejudice to the provisions of Article 6.1 above, it is not possible to guarantee the complete absence of errors, for which the Company cannot therefore be held liable, except in cases of willful misconduct or gross negligence.

11.3 The Company reserves the right to correct errors, inaccuracies or omissions even after the Order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the User's rights under these General Conditions and the Consumer Code.

11.4 Except in the case of wilful misconduct or gross negligence, the User is excluded from any right to compensation for damages or the recognition of compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things.

Article 12 – Legal guarantee of conformity and guarantee for defects

12.1 The Company is liable to the User for any lack of conformity existing at the time of delivery of the Products. The Customer has the right, at his discretion and provided that the type of Product allows it, to have the Product's conformity restored, free of charge, through repair or replacement, or to an appropriate price reduction or termination of the contract.

12.2 Any lack of conformity must be reported to the Company immediately by means of a communication pursuant to Article 13 below, and in any case no later than 2 months after discovery, under penalty of forfeiture, unless the Product is perishable by nature or subject to a shorter expiration date, in which case the defect must be reported within this shorter period. The legal guarantee lasts 2 years from delivery of the Product. Any action to assert defects expires 26 (twenty-six) months after delivery of the Products.

12.3 In any case, the guarantee does not apply in the event of Products that have been damaged or improperly used or incorrectly stored by the User, or if the Products have suffered damage resulting from accidental events or in any case not attributable to manufacturing defects.

Article 13 – Complaints

With reference to the contracts concluded pursuant to these General Conditions, the User may submit any complaints to the Company's attention by sending an email to shop@merciavous.it.

Article 14 – Privacy

The Company will process the User's personal data in compliance with privacy legislation as detailed in the privacy policy on the Site.

Article 15 – Amendments

Any changes to these General Conditions will be effective from the moment of publication on the Site and will apply only to sales concluded after publication.

Article 16 – Out-of-court resolution of online disputes

Without prejudice to the above, please note that you can always access the European Commission's online dispute resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. The European Commission provides the platform for amicable resolution of disputes without resorting to court proceedings.

Article 17 – Competent court

Any dispute that may arise in relation to the application, interpretation and execution of these General Conditions will be devolved without exception to the judge of the place of residence or domicile of the User if located within the territory of the State.