Terms and Conditions
1.1.The following General Terms of Sale (hereinafter, the General Terms) pertain to the remote purchase of products, via the Internet, from the website www.houseofrocem.com (hereinafter, the Website).
1.2. The owner of the site is NSM SRL . (hereinafter, HOR) with registered office at the address of Via Dell’Annunciata31, 20121 Milano, Tax code and VAT Reg. no. 067537220967, Milano R.E.A. [Economic and Administrative Index] no. 1913033.
- General Terms of Sale
2.1. All purchases of products carried out through the Website (hereinafter, the Purchase Agreements) by users who access the Website (hereinafter, the Clients) are governed by the following General Terms and by the Italian Consumer Code (Italian Legislative Decree no. 206/2005), with specific reference to the section II Remote contracts (articles 50- 67) and to the Italian regulations on e- commerce (Italian Legislative Decree 70/2003); (European Directive 2011/83/UE)
2.2. Executing the Purchase Agreement, following the procedure, the Client agrees and complies with these General Terms.
2.3. The Client is required to read carefully the General Terms, which are provided by HOR, prior to carrying out any purchase transaction. Such terms can be saved or printed in compliance with the provisions of article 12, paragraph 3 of Italian Legislative Decree 70/2003.
2.4. HOR may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase order is sent by a Client will apply to each individual Purchase Agreement.
3.1. The Website is an e-commerce site for the sale of skincare and cosmetics, beauty products and related accessories, exclusively under the HOR brand (hereinafter, the “Products”).
3.2. All the Products on sale are illustrated in detail on the Website in their respective sections.
3.3. The Video and Photographic display of Products on the Site, where available, is purely indicative, being the photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by HOR regarding the exact match of the image depicted on the Website with the actual Product; their actual sizes and/or colours, and/or packages.
3.4. In case of a difference between the image and the written product specifications, the latter will always prevail.
- Purchasing procedure
4,1, The Client may purchase the HOR Products ,accessing the Website as described in the relative procedure posted on the Website.
4.2. The client will be required to register with own information, following the instructions of the registration program, or in alternative filling the required information only for the purpose of purchasing.
4.3. The Client will have to add the selected Products to the “Shopping Cart” after choosing the delivery options and the delivery charges, only then can purchase be concluded.
4.4, Should the Client need to change the order or certain data contained in it, will have to follow the indicated procedure on the Website.
4.5. Therefore, the Client can check the order summary, choosing the preferred payment method, following the instructios
- Contract execution
5.1 The publication of Products on the Site is to be intended as an invitation to the Client purchase. Order confirmation by the Client has contractual value and means total awareness and acceptance of these General Terms.
5.2. Each Purchase Agreement stipulated between HOR and the Client shall be executed with the confirmation by HOR emailed to the indicated e-mail address of the client. This confirmation email will indicate an “Order Number,” to be used in all subsequent communications with HOR, reiterating, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client’s exclusive responsibility.
5.3. The Clients may view all their orders on the Website in their reserved area, or by contacting the HOR Customer Service.
5.4. Occasionally, some Products offered may not be available and, in that case, if the products selected by the Client are not available, either in full or in part, the order will be sent with the available products after having notified the Client about the products unavailability.
5.5. HOR shall be free at own discretion , to accept or refuse the order sent by Client without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order.
5.6. In particular, HOR reserves itself the right not to accept purchase offers and therefore cancel orders that do not give adequate assurance and/or if anomalies are found in the transactions and in the payment methods used by the Client.
5.7. The Client may verify at any time the content of the concluded Purchase Agreements by accessing their reserved area on the Website, if registered, or by contacting the HOR Customer Service.
- Product Pricing
6.1. All Product prices are clearly indicated on the Site and include VAT if not differently indicated. Shipping expenses are adequately displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as the final destination and total order amount.
- Invoicing and Payment terms
7.1. HOR shall issue an invoice for the purchased Products sending it to the Client by e-mail if specifically requested by the client before the execution if not requested, the payment will be accounted complying with Italian Fiscal rules , without issuing an invoice.
7.2. Online credit card payments is possible only with the credit cards specifically indicated on the website. Alternatively bank transfers are accepted upon bank confirmation of the sum available to HOR.
- Shipping Methods and Charges
8.1. HOR agrees to deliver the Products without undue delay (normally 4,5 days for national standard deliveries; less time for express deliveries) and in any case within 30 days from the execution of the Purchase Agreement except for force majeure cases.. Products are delivered by courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the purchase order is placed are approximate.
8.2. HOR will not be liable in any way towards the Client for any delays in filling the order or in delivering the Products listed in the Purchase Agreement.
8.3. The ordered Products will be delivered to the mailing address specified by the Client. Once HOR has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.
8.4. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays and other dates if specifically indicated on the website, where HOR sales team might be unavailable, for working holidays or other reasons. Deliveries will be carried out according to terms and conditions of the courier. The delivery is executed when the Products are made available to the Client at the address specified on the order form. In the event that a delivery cannot be made due to the recipient’s absence at the specified address, Customer Service will attempt to contact the Client in order to schedule a new delivery date. In the event that Customer Service is not able to contact the Client over the next 10 days and if delivery continues to be impossible due to the recipient’s absence, the Products listed in the order will be returned to HOR. Once 30 (thirty) days have elapsed from the date the Products listed in the order were returned to HOR due to client’s unavailability , the contract will be dissolved and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. HOR will then proceed to refund the amount paid by the Client, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery.
8.5. Termination of the contract and the amount of the refund will be notified via e-mail. The refund amount will be credited on the payment method used by the Client for the purchase. In the event that, before the 30-day period elapses, the Client once again requests to receive the purchased Products, HOR will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to HOR and the storage fees.
8.6. At the time of delivery of the Products by the courier hired by HOR, the Client is required to carefully check:
a) that the packaging has not been damaged or tampered with;
b) that the number of delivered pieces matches the amount indicated in the shipping document.
8.7. The Client must immediately report any damage, to the packaging or to the Products or if the number of unit of products do not match, by contacting HOR’s Customer Service, indicating the order for which these problems occurred.
8.8. Cases of force majeure, unavailability of means of transportation, and unforeseen or unavoidable events that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in HOR’s delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, HOR must immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of the ums already paid, excluding the delivery expenses incurred by HOR.
- Discount coupons – Promotions
9.1. Any discount coupons or promotional codes may be entered when the Client fills out the purchase order, The system will automatically change the total order amount.
- Right to Withdraw
10.1. The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”).
10.2 The withdrawal period expires: 14 days after the Client directly or indirectly enter in possession of the Products . In case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client enter in possession of the last ordered Products.
10.3 To exercise the right of withdrawal, the Client must inform HOR (NSM SRL Via Dell’Annunciata 31 – 20121 Milano, email@example.com) of the decision to terminate the Purchase Agreement through a written declaration (eg. Letter sent e-mail).
10.4 In order to comply with the withdrawal period, the Client shall send the notice of withdrawal before the expiry date of the withdrawal period.
10.5 In case of withdrawal, all the payments made in favour of HOR will be refunded, excluding costs of delivery not later than 14 days from the day HOR has been is informed of the decision to exercise the right to withdrawal. Such refund will be made using the same method of payment used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. The refund may be suspended until receipt of the goods, which integrity must be checked and confirmed by HOR.
10.6 The Client must send back the Products or deliver to HOR, at the addresses communicated by the latter. Direct costs will be paid by the Client.
10.7. In any case, the Client cannot exercise the right to withdrawal in the case of goods which are not returnable for reasons of hygiene or related to health protection and that have been tampered with after delivery.
- Non-compliance and defective products
11.1. The images and colours of the Products published on the Website may differ from their actual images and colours due to the devices used to display them.
11.2. In the event that the purchased Products do not match the description published on the Website or in case of a defective or damaged Product, the Client is entitled to a refund for the defective it, only after contacting HOR Customer Service, proving through photos or other means the damage or non-conformity of the products.
11.3 A HOR discretion, the refund can be made in the form of coupons for discounts on future purchases, or applying other commercial praxis.
11.4 In any case, the present General Terms shall apply without prejudice to the provisions on Product liability and guarantee set forth by the Italian Consumer Code
- Processing of Personal Data
- Communications and claims
All communications or claims from Clients to HOR related to Purchase Agreements, must be communicated following the website instructions, and/or indicated in the section.
- Order Reduction
The products, services and promotional samples available from the HOR website are for personal use only. Online consumers are not authorized to sell or resell the products, services and promotional samples received. HOR reserves the right to reduce or terminate the supply of any goods or services regarding which it has reason to believe that the behavior of users violates the Conditions of Sale, being turned to an unauthorized resale of products /services.
15. Product Customizations
In case of product customizations, such general terms will be applied with the following exceptions:
- Indications will be provided on the website, regarding product customization and the related costs.
- Product customization will be unavailable if the request is made by an unregistered user and/or if the customized item does not meet HOR criteria, and/or in all other cases indicated on the website.
- Any time customization service is not available, though indicated on the website, the client will be informed when processing the order.
- Delivery time of customized products may differ from other products.
- The client‘s right to withdraw is excluded on all customized products.
- Intellectual Propert Rights
All trademarks ( registered or not) as well as any intellectual property , distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets reproduced on the Site will remain the exclusive property of HOR . Any use thereof, including only in part, is prohibited without HOR prior written authorization, which exclusively reserves itself all relevant rights.
- Applicable law and Place of jurisdiction
17.1 These General Terms as well as any other contract entered into with the Client are governed by Italian law, without prejudice to the application of EC regulations and of international treaties, where applicable.
17-2 Any dispute arising from or related to the interpretation, execution, validity or effectiveness of these General Terms and of any other contract entered into with the Clients, will be submitted to the exclusive Italian jurisdiction of the Court of Milan.