This information is provided for the website “www.iginiomassari.cyou” (Website), owned by IGINIO MASSARI S.R.L., with registered office in Via Orzinuovi, 117 – 25125 Brescia (BS), registered with the Brescia Chamber of Commerce, VAT no. 03947190983, tax code 03947190983, share capital of €100,000 (paid-in capital) (Seller).
1.1 Any sale on the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and Legislative Decree No. 70 of 9 April 2003, containing the regulations on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales carried out by the Seller on the Website. Unless otherwise indicated or unless required by mandatory law, terms expressly stated as business days exclude Saturdays, Sundays, and national holidays. The time limits provided by law for exercising the right of withdrawal, returning products, and refunds are calculated in accordance with the applicable regulations.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will come into effect from the time of their publication on the Website. You are therefore invited to regularly access the Website and, before making any purchase, consult the most up-to-date version of the General Terms and Conditions of Sale.
1.4 The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is submitted.
1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Website via links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to check their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not inspect and/or monitor the websites accessible via such links. The Seller is therefore not responsible for the content of such websites nor for any errors, omissions, and/or legal violations on their part.
1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Website.
1.7 Submitting the purchase order constitutes acceptance of these General Terms and Conditions of Sale.
2.1 Purchases on the Website
2.2 In the event of orders, from any source, that appear unusual in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to stop the irregularities.
2.3 The Seller reserves the right to refuse or cancel orders originating from:
2.4 Before purchasing food products offered on the Website, the customer is invited to carefully read the information on ingredients and allergens provided in the relevant information sheets and on the product labels. In the event of allergies, intolerances, or doubts about the composition, the customer is invited to contact Customer Service in advance. The Seller's responsibilities provided for by applicable regulations, as well as all mandatory consumer rights, remain unaffected.
2.5 Transfer to third parties is prohibited, as this is a sale subject to selective distribution.
2.6 Products belonging to the perfume, cosmetics, and personal care categories are available for sale exclusively for delivery within Italian territory, as provided for in the following Art. 11.1-bis.
3.1 To register on the Website, you must complete the appropriate form, entering the following data:
3.2 You agree to immediately inform the Seller if you suspect or become aware of any unauthorized use or disclosure of your Website login credentials.
3.3 The user registered on the Website guarantees that the personal information they provide is complete and truthful and agrees to hold the Seller harmless from any damage, liability for damages, and/or penalties arising from and/or in any way connected to the user's violation of the Website registration rules or the storage of registration credentials, and/or the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the Seller's right to disable the user's account.
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 containing provisions on electronic commerce, the Seller informs you that:
5.1 The Products offered on the Website are available in limited quantities. Therefore, even due to the possibility of multiple users purchasing the same Product at the same time, the ordered Product may no longer be available after the purchase order has been submitted.
5.2 The Website contains information regarding the availability of each Product.
5.3 You will be informed if the ordered Product is unavailable. In this event, you will be entitled to terminate the purchase contract pursuant to and for the purposes of Art. 61, paragraphs IV and V, of the Consumer Code.
5.4 Alternatively, you may accept:
5.5 If a refund is requested for the amount paid for Products that subsequently proved to be unavailable, the Seller will issue the refund within a maximum period of 15 days.
5.6 In the event that you exercise the right of termination pursuant to Art. 61, paragraphs IV and V, of the Consumer Code, the contract is terminated; if payment of the total amount due, consisting of the Product price, shipping costs, if applicable, and any other possible additional cost resulting from the order (Total Amount Due), has already been made, the Seller will issue a refund of the Total Amount Due pursuant to the provisions of the “Payment Methods” article below.
6.1 Each product is accompanied by an information page illustrating its main characteristics (Information Sheet). The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from their actual colors due to the settings of the IT systems or computers you use to view them. Furthermore, the Product images in the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and subject to standard tolerances.
6.2 For products belonging to the perfume, cosmetics, and personal care categories, including eau de parfum, body creams, hair and body fragrances, lip balms, and shower gels, the relevant information sheets state the essential characteristics of the product, the nominal quantity or content, the intended use, and the main precautions for use. To facilitate an informed purchase decision, the Website also provides information on ingredients according to INCI nomenclature and on any allergenic substances subject to declaration, in accordance with the product labeling and Regulation (EC) No. 1223/2009 and subsequent amendments. The customer is invited to carefully read the warnings and instructions on the label and packaging before use.
7.1 All Product prices published on the Website are understood to include Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products at any time without notice, provided that the price charged to you will be the one indicated on the Website at the time the order is placed and that any subsequent changes (increase or decrease) after the submission thereof will not be taken into account.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form before the user proceeds to submit it.
7.4 Any free shipping offers, including those tied to exceeding a certain spending threshold, are automatically applied at checkout.
When available, free shipping is indicated in the order summary as “FREE Shipping” and is subject to the following conditions and minimum spending thresholds:
• Starting at €140.00 for orders with a delivery address in Italy and the following European countries:
o Austria
o Belgium
o Bulgaria
o Croatia
o Denmark
o Estonia
o Finland
o France
o Greece
o Ireland
o Latvia
o Lithuania
o Luxembourg
o Malta
o Netherlands
o Poland
o Portugal
o Czech Republic
o Romania
o San Marino
o Slovenia
o Spain
o Sweden
o Hungary
o Vatican City
• Starting at €190.00 for orders with a delivery address in Germany.
For the purposes of calculating the minimum purchase amount required for free shipping, pre-orders for the Panettone Gastronomico are expressly excluded.
The free shipping conditions listed above do not apply notwithstanding the territorial restrictions set forth in Article 11.1-bis for perfumery, cosmetic, and personal care products.
8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or that the Total Amount Due has been credited. Ownership of the Products will be transferred to you at the time of shipping, understood as the time the Product is delivered to the carrier. However, the risk of loss or damage to the Products for reasons not attributable to the Seller will be transferred to you when you, or a third party designated by you and other than the carrier, materially come into possession of the Products.
The Service you have chosen will be carried out only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after the submission of your purchase order, it is ascertained that you have not paid the Total Amount Due in whole or in part.
8.2 The purchase contract is subject to termination for non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
8.3 To submit a purchase order, it is necessary to read and accept these General Terms and Conditions of Sale by selecting the appropriate checkbox present on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale results in the inability to make purchases on the Website.
9.1 The following payment methods are accepted on the Website:
9.2 The Seller accepts credit cards from the following networks:
These are, in any case, indicated in the footer of every page of the Website.
The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the company that issued the payment card you used has authorized the charge.
The private data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to save such data on the Website, the data of your payment card used for the payment of the Products.
The charge will be made at the time of order submission.
The request for the issuance of an invoice, for companies or individuals, can be made exclusively through the appropriate form dedicated to it at the time of purchase.
For private customers, it is specified that -since there is no obligation to issue an invoice, fiscal receipt, or receipt in online sales (indirect E-commerce) for transactions carried out for them- under no circumstances, after the correct issuance of the fiscal receipt/receipt, can an invoice be requested by a customer who has not previously used the aforementioned appropriate form at the time of purchase.
11.1 Deliveries of purchased Products are carried out:
in specific countries:
The delivery obligation is fulfilled by transferring to you the material availability or, in any case, control of the Product.
11.1-bis Notwithstanding the provisions of Art. 11.1, the sale and delivery of products belonging to the perfumery, cosmetics and personal care categories are permitted exclusively within Italian territory. Such products may therefore not be purchased for delivery outside the territory of the Italian Republic. The Site allows the completion of orders containing such products exclusively if the delivery address provided by the customer is located in Italy. Any further shipping restrictions arising from applicable regulations and the transport conditions provided by the appointed carriers remain in effect.
11.2 Shipping costs are indicated on the Site on a case-by-case basis during the order processing phase (checkout). In the event of extra-EU shipping, any customs duties are borne by the buyer. Customs duties vary depending on the destination country and will be determined by the local authorities. These costs are not included in the purchase price or the shipping costs indicated on the site and will be applied at the time of delivery.
11.3 From the date of order submission, the Products will be delivered within 30 days and, in any case, within thirty days from the date of contract conclusion; except in the case of orders with delivery postponed to a later date at the express request of the ordering customer
11.4It is up to You to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when You, or a third party designated by You and other than the carrier, come into physical possession of the Product, the Seller recommends that You check the number of Products received and that the packaging is intact, undamaged, neither wet nor otherwise altered, including the sealing materials, and invites You, in Your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules regarding the right of withdrawal — where applicable in relation to the category of the purchased Product pursuant to the following Art. 12 — and the legal guarantee of conformity remains in effect.
In the event of a purchase on the Site, the right of withdrawal provided for by Art. 52 of Legislative Decree 206/2005 (Consumer Code) applies exclusively to the Products for which none of the exclusions referred to in Art. 59 of the same decree, indicated in this article, apply.
12.1 Products excluded from the right of withdrawal
The right of withdrawal is not recognized with regard to the following Products:
a) Perishable food products
Food products that, by their nature, risk deteriorating or expiring quickly, including but not limited to fresh pastry products, fresh baked goods, fresh leavened products, cakes, single-portion products and other products with limited shelf life, are excluded from the right of withdrawal pursuant to Art. 59, letter d), of the Consumer Code. Packaged and sealed food products that have been opened after delivery and are not suitable for return for hygiene reasons or reasons related to health protection are also excluded from the right of withdrawal pursuant to Art. 59, letter e), of the Consumer Code.
b) Sealed products not returnable for hygiene or health protection reasons.
Pursuant to Art. 59, paragraph 1, letter e), of the Consumer Code, the right of withdrawal is excluded for goods delivered sealed which, following the opening of the seal after delivery, are not suitable for return for actual hygiene or health protection reasons.
Therefore, if the product is equipped with a hygiene-sanitary seal and the aforementioned requirements apply, the removal or tampering with the seal after delivery results in the exclusion of the right of withdrawal for the product concerned.
This exclusion may also apply, where the requirements are concretely met, to cosmetic products and personal care products, such as lip balms, body creams, cleansers and other products intended to come into contact with the person.
The exclusion does not automatically apply to all cosmetic or perfumery products and must be assessed in relation to the characteristics of the individual product, the presence and function of the seal and its actual suitability to prevent return for hygiene or health reasons. The right of withdrawal therefore remains exercisable for unopened products returned intact, complete with any original hygiene-sanitary seals, as well as for other products for which the exclusion requirements provided by law do not apply.
The mere opening of the outer packaging does not in itself result in the loss of the right of withdrawal.
c) Alcoholic beverages
The Consumer has the right of withdrawal for the purchase of wines, liqueurs and other alcoholic beverages made remotely, unless one of the exceptions expressly provided for by applicable regulations applies. In particular, pursuant to Art. 59, paragraph 1, letter g), of the Consumer Code, the right of withdrawal is excluded exclusively when all the following conditions apply jointly:
a) the price of the beverages was agreed at the time of conclusion of the sales contract;
b) delivery can only take place thirty days after the conclusion of the contract;
c) the actual value of the beverages depends on market fluctuations that the Seller is unable to control.
The failure to meet even one of the aforementioned conditions excludes the applicability of the specific exception provided for by the cited provision.
Consequently, for ordinary sales of wines and alcoholic beverages at a fixed price and with delivery within usual timeframes, the Consumer retains the right of withdrawal, without prejudice to any further cases of exclusion expressly provided for by law.
The exercise of the right of withdrawal remains in any case subject to compliance with the terms and methods established by these General Terms and Conditions of Sale and applicable regulations.
d) Gift cards and digital vouchers
Gift cards and digital vouchers purchased through the site are transmitted to the Consumer in electronic format and, therefore, constitute digital content provided on non-material media. Pursuant to Art. 59, paragraph 1, letter o), of the Consumer Code, the right of withdrawal is excluded if the performance of the contract has begun and the contract imposes an obligation on the Consumer to pay, provided that the following conditions apply jointly:
• the Consumer has given their express and prior consent to the start of the performance of the contract during the period provided for the exercise of the right of withdrawal;
• the Consumer has expressly acknowledged that they lose the right of withdrawal as a result of the start of performance;
• the Seller has provided confirmation of the contract on durable media, in accordance with the provisions of Art. 50, paragraph 2, or Art. 51, paragraph 7, of the Consumer Code, as applicable.
To this end, before the completion of the order, the Site will present the Consumer with an unselected checkbox, with the following wording: “I expressly consent to the start of the performance of the contract before the expiry of the deadline for exercising the right of withdrawal and declare that I am aware that, once performance has begun, I will lose the right of withdrawal in the cases and under the conditions provided by law.”
The consent and the related declaration will be recorded and kept by the Seller. The Consumer will also receive, at the email address indicated at the time of purchase, a confirmation of the contract on durable media, containing the summary of the request for immediate performance and the acknowledgment of the loss of the right of withdrawal.
In the absence of the legal requirements for exclusion, the right of withdrawal remains in effect according to the applicable regulations.
12.2 Products for which the right of withdrawal is recognized
For products that do not fall under the exclusions referred to in Art. 12.1, the consumer has the right to withdraw from the contract, without providing any reason, within 14 (fourteen) calendar days from the date on which they, or a third party designated by them other than the carrier, acquire physical possession of the product. In the case of an order relating to multiple goods delivered separately, the deadline runs from the delivery of the last good, pursuant to applicable regulations.
The consumer can exercise the right of withdrawal by sending an explicit declaration to customerservice@iginiomassari.cyou using the standard withdrawal form available on the Site or through the appropriate online withdrawal function, where the right is exercisable.
The online withdrawal function is made available and accessible for the entire period useful for exercising the right and allows the customer and the relevant order to be identified, the declaration of withdrawal to be transmitted and confirmed, and a confirmation on durable media to be received without undue delay, pursuant to Art. 54-bis of the Consumer Code.
The link to the online withdrawal function is available on every product page on the Site, clearly identified and easily accessible. Through this link, the consumer can access the online procedure to exercise the right of withdrawal, in the cases and within the terms provided by applicable regulations and these General Terms and Conditions of Sale, without prejudice to the exclusions indicated in Art. 12.1.
The consumer is required to return or redeliver the goods within 14 (fourteen) days from the communication of the withdrawal, unless the Seller has offered to collect them directly. The return must be made to the address communicated by the Seller and indicated in the return instructions. The direct costs of return are borne by the consumer, unless otherwise provided before the purchase or by law.
For perfumery products subject to transport restrictions, the Seller provides the necessary operational instructions so that the return can be carried out in compliance with applicable safety and transport regulations, without the request for such information constituting a condition for the timely exercise of the withdrawal.
The Seller will refund the amounts due, including the initial delivery costs in the cases and within the limits provided by law, without undue delay and in any case within 14 (fourteen) days from the date on which they are informed of the decision to withdraw. The refund will be made using the same payment method used by the consumer for the purchase, unless otherwise expressly agreed with the consumer and without any costs borne by them. The Seller may withhold the refund until receipt of the goods or until proof of shipment is provided, depending on which event occurs first, unless they have offered to collect the goods directly.
In cases where the right of withdrawal exists, the consumer remains liable for any decrease in value resulting from handling other than that necessary to establish the nature, characteristics and functioning of the product, pursuant to Art. 57 of the Consumer Code.
12.3 Mixed orders
In the event that an order includes both products for which the right of withdrawal is recognized and products excluded pursuant to Art. 12.1, the consumer may exercise the withdrawal exclusively for the products to which such right applies. The refund will include the price of the products subject to a valid withdrawal and any reimbursable delivery costs pursuant to applicable regulations. The original shipping costs will be treated in accordance with Art. 56 of the Consumer Code, taking into account the characteristics of the order and any partial return.
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided by Arts. 128 et seq. of the Consumer Code (Legal Guarantee).
The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they may carry out.
The Seller is liable to the consumer for non-conformity defects existing at the time of delivery of the good and which manifest within two years from delivery, pursuant to Art. 133 of the Consumer Code. The consumer can assert the remedies provided by the legal guarantee pursuant to Arts. 135-bis et seq. of the Consumer Code. There is no obligation to report the defect within two months of its discovery under penalty of forfeiture.
Unless proven otherwise, it is presumed that non-conformity defects manifesting within one year from the delivery of the product already existed on that date, unless such presumption is incompatible with the nature of the good or the defect. For defects manifesting subsequently, the rules on the burden of proof provided by current regulations apply.
In the event of a non-conformity defect, the consumer has the right to restoration of conformity through repair or replacement, within the limits and under the conditions provided by law, or to a proportional reduction of the price or termination of the contract in the cases provided by Arts. 135-bis et seq. of the Consumer Code. If a repair is carried out pursuant to Art. 135-bis, paragraph 2, the Seller's period of liability is extended by twelve months, pursuant to Art. 133, paragraph 1-bis. The Seller informs the consumer of the remedies available pursuant to current regulations.
To benefit from the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the good. It is therefore advisable for the consumer, for the purpose of such proof, to keep the purchase invoice or any other document that can attest to the date of purchase (for example, the payment card statement) and the date of delivery.
In the event of contract termination, the Seller will return to the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.
The Seller is not liable for damages of any nature arising from improper use and/or use not in accordance with the instructions provided by the manufacturer, nor for damages arising from fortuitous events or force majeure.
If You have made the purchase as a “professional” pursuant to the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. The legal guarantee provided by Art. 1490 of the Italian Civil Code will apply to Your purchase on the Site.
14.1 Purchase contracts concluded through the Site are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved.
14.2 Please note that in the case of a consumer user, for any dispute relating to the application, performance and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, performance and interpretation of this document, the Court where the Seller is headquartered pursuant to the provisions of Article 1 above is instead competent.
14.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who has the status of a consumer pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that they have submitted a complaint directly to the Seller, following which it was nevertheless not possible to resolve the dispute thus arisen, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded pursuant to these General Terms and Conditions of Sale (ADR bodies, as indicated in Arts. 141-bis et seq. of the Consumer Code), specifying whether they intend to make use of such bodies or not to resolve the dispute itself.
14.4 The consumer's right to take action before the ordinary court competent to hear disputes arising from these General Terms and Conditions of Sale is in no case affected, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
14.5 Furthermore, a user residing in a European Union Member State other than Italy may, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, access the European procedure established for small claims disputes by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed Euro 5,000.00, excluding interest, rights and costs.
You can request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
Customers of the seller International Beauty Srl at info@internationalbeauty.itto request information on the composition, use and storage of the products, as well as to report any anomalies, defects, packaging problems or adverse effects encountered following use.
The Seller will respond to complaints submitted within 5 days of receipt.
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