Terms & Conditions of Sales
Last Updated: 04.02.2016
This website is dedicated to the online promotion and sale of Health & Beauty goods. The Customer explicitly declares to purchase for personal use only - no business nor professional purpose. Purchases on www.lycopenestore.com are ruled by this General Sales Conditions, which might be modified at any time and become effective from their publication on the website. By placing an order, the Customer accepts the sales conditions published at that particular time on the website. Lycopenestore.com follows the Italian laws D.Lgs n. 206 del 6 settembre 2005 and D.Lgs. n. 70 del 9 aprile 2003. These general conditions are substantial parts of the sale contract. Lycopenestore.com advises to read the following conditions, print and/or save them for future references.
1 - Definitions
1.1 “Online purchase/sales agreement/contract” refers to the purchase of movable material goods and goods listed on Lycopenestore.com, between Lycopenestore.com and the purchaser, in the context of a distance purchase through telematic tools, coordinated by Lycopenestore.com.
1.2 “Customer” refers to a physical person who purchases under this agreement, for no commercial or professional purposes.
2 - Objects of the contract
2.1 Through this agreement, Lycopenestore.com sells and the Customer buys respectively, at distance and through telematic tools, the movable material goods listed on Lycopenestore.com.
2.2 Goods referred at the previous point are listed on Lycopenestore.com and described on their technical/information pages; images might not be exactly representative of the product features and can differ by colour, dimensions and accessory goods.
2.3 The conditions here described do not apply to third parties that sell through direct links to Lycopenestore.com, banners or other hypertext/link connections. Lycopenestore.com is under no circumnstances liable for the supply of goods promised by third parties or for the execution of e-commerce transactions between LycopeneStore.com Customers and third parties.
2.4 Lycopenestore.com reserves the right to refuse processing orders received by users who are not “Customers”, alongside with any other order that doesn’t respect Lycopenestore.com commercial policy.
3 - Stipulation and termination of the contract
3.1 The contract between the Customer and Lycopenestore.com takes place online on the website www.lycopenestore.com where the Customer formalizes the deal.
3.2 The completion of the contract happens through the following procedure, which can be modified or cancelled until the order is received by Lycopenestore.com:
• by visiting www.lycopenestore.com the Customer can add goods to the basket and proceed to checkout; this way, the order and personal information are communicated electronically;
• the order page displays the relevant information on each purchased product, including its price (incl. VAT), the chosen payment method and conditions for delivery, shipping costs etc;
• before confirming it, the Customer can review the order and correct any mistakes; it is warmly recommended to carefully read the sales T&C and save a copy for future own personal reference;
• an order is confirmed once Lycopenestore.com receives the information and preliminarily verifies they are correct.
3.3 The order becomes effective only after the entire purchasing procedure is completed correctly and in its entirety, with no error messages and only when the Customer receives a confirmation email from LycopeneStore.com. The email displays the purchased goods, Customer details, the price paid, the payment method, the transport cost, taxes and delivery address. It is the Customer’s responsibility to make sure this information is correct; any mistake or modification must be emailed to [email protected]
3.4 By placing an order, the Customer accepts terms and conditions in their entirety.
3.5 Lycopenestore.com might not process the order in the event of incorrect and incomplete information or if the good(s) is out of stock. The Customer is notified via email, explaining the reason(s) for refusal.
3.6 The contract between Lycopenestore.com and the Customer is in force at the moment of acceptance of the order by Lycopenestore. The acceptance is tacit, unless otherwise communicated to the Customer.
3.7 According to the Law 12 del D.Lgs. 70 del 2003, LycopeneStore.com informs that a copy of each order is stored in the company offices, either in digital or paper form, and its view is available upon the Customer’s request.
4 - Payment
4.1 Customers can choose one of the payment methods described on www.lycopenestore.com, including: CREDIT CARD, VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, MAESTRO, POSTE PAY, DISCOVER, CARTA AURA, PAYPAL, BANK TRANSFERT, COD (cash payment upon delivery).
4.2 For credit card payments, the bank can only authorize the debit of the purchase price. In case of cancellation, Lycopenestore.com asks the bank to refund the purchase. Once this step is taken, Lycopenestore.com is no longer liable for any delay or damages caused by the bank payment system. Lycopenestore.com has the right to request a proof of ownership of the credit card used for the payment. In the event of refusal, Lycopenestore.com has the right to cancel the purchase. At no stage is Lycopenestore.com able to determine personal information on the Customer who is using the credit card, for which reason Lycopenestore.com cannot be held responsible for fraudulent use of credit cards on the website by third parties.
4.3 For cash payments, the balance is settled upon delivery. The max payable in cash upon delivery is 999.99€.
4.4 Before dispatching, each order is checked directly with the credit card provider for Customer protection. If it is not possible to process the payment, the purchase is cancelled and the Customer is notified via email.
4.5 Payment details and Customer details are communicated via secured lines, in line with the security protocols of online payments.
5 - Price
5.1 Prices displayed on www.lycopenestore.com include VAT and strictly apply to goods sold online. The purchase price is the one in force at the moment of purchase and specified in the confirmation email, and it does not account for increases or reductions in price, including promotions that come after that moment.
5.2 Shipping costs are not included in the goods price; they are displayed during the checkout.
5.3 An invoice can be provided, but it must be requested by the Customer when placing the order. By placing an order on Lycopenestore.com, the Customer accepts the pro-forma invoice sent electronically. A hard copy is also available upon request. After producing the invoice, no changes/modifications can be made.
6 - Product availability
6.1 Product availability refers to the moment the Customer checks the product page; this is always approximate due to the possibility of more users online at the same time, so goods might be sold to someone else before completing the order. Lycopenestore.com declines any responsibility for lack of stock of one or more goods.
6.2 Lycopenestore.com is not responsible for the absence of one or more goods from the stock. If a product has become (even temporarily) unavailable, Lycopenestore.com won’t charge the Customer. If the order is already placed at the time the product becomes unavailable, Lycopenestore.com will refund the price in its entirety.
6.3 Even after receiving the confirmation email from Lycopenestore.com, a product may become unavailable. In this event, Lycopenestore.com informs the Customer via email, providing the options to either accept the rest of the order and receive a partial refund (for the unavailable item only) or to cancel the entire order and receive a full refund; this has to be communicated via email.
6.4 In the same circumstances expressed at point 6.3, the Customer might choose to replace the unavailable product with other(s) of the same value/price.
7 - Shipping and delivery
7.1 Lycopenestore.com ships the chosen goods to the address provided, as stated in the follow up email at point 3.3.
7.2 Orders are processed as soon as they are received. Lycopenestore.com aims to deliver as soon as possible and always within 30 days from receiving the order.
7.3 The total amount due to be paid for shipping costs is displayed during checkout.
7.4 The goods shipped are always checked before handing them to the courier. Any damage to the goods after that moment are outside of Lycopenestore.com responsibility.
7.5 The goods are purchased only based on the Customer will and consensus. Should they be refused at delivery, Lycopenestore.com will charge for the roundtrip shipping cost.
8 - Responsibility
8.1 Lycopenestore.com is not responsible for disservices in ciscumnstances outside of its control, even in the event of malfunction of the internet, when it is not possible to deliver the order within the agreed time.
8.2 Lycopenestore.com is not responsible for damages, losses and expenses the Customer incurres following a breakage of the contract for reasons out of LycopeneStore.com control, except in the event of omission by Lycopenestore.com, in which case the Customer has the right to a full refund (of the price paid only).
8.3 Lycopenestore.com is not responsible for information, data, and technical (or any other type of) inaccuracies on the website, since they are provided by third parties and are only verified by Lycopenestore.com with due diligence.
8.4 Lycopenestore.com is not responsible for any fraudulent or illegal use of credit cards, cheques and other forms of payment, by third parties at the moment of purchase of the goods, if it proves to have adopted the best security measures based on knowledge and experience at that moment and based on ordinary diligence.
9 - Right of cancellation
9.1 The Customer has the right to cancel at anytime and without specifying any reasons, within a 14 days from receiving the goods, by communicating in writing to Licofarma S.r.l. headquarter Via Lecce n.90/92 - 73013 Galatina (Lecce, IT). This can be communicated also via telegram or email (to: [email protected]), upon condition it is accompanied by marked mail with return receipt within the next 48 hours.
9.2 The communication at point 9.1 must state clearly the decision to cancel the contract and the goods involved in the decision, including a copy of the invoice or receipt. The Customer must send back the product in its original intact package to Licofarma S.r.l. headquarter Via Lecce n.90/92 - 73013 Galatina (Lecce, IT). The product must be returned intact, within its original package and completed with fiscal documentation.
9.3 After verifying the elements at point 9.2, Lycopenestore.com refunds the amount paid to the same card used for the purchase as soon as possible and within a maximum of 30 days from the cancellation of the order. Lycopenestore.com has the right to refuse the returned goods if they are damaged or differ from their original condition.
9.4 If the recipient of the product(s) is different from the person who placed the order, the price paid is refunded to whom paid for the product(s).
9.5 Lycopenestore.com is not responsible for the transport cost or the restitution of any loss or damage to the product from third parties, in the even of cancellation.
10 - Warranty and customer support
10.1 Lycopenestore.com sells high quality goods. If the goods received are faulty or defective, the Customer loses the right of refund or replacement if he/she does not communicate the defect within two months from discovering it. The communication is not necessary if the seller has recognized the defect or if the defect itself was covered.
10.2 Unless otherwise proven, defects discovered within 6 months from delivery are assumed to be already present at the time of delivery, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect.
10.3 In the event of a defect of conformity, the Customer might ask the reparation or the substitution (free of charge), a reduction in the purchased price or the resolution of the contract, unless this request is excessively expensive for Lycopenestore.com and impossible to satify.
10.4 The request must be sent in writing with return receipt to Licofarma S.r.l. headquarter Via Lecce n.90/92 - 73013 Galatina (Lecce, IT), which will communicate the possibility of 10.3 or the reasons why it is not possible, within 7 working days from receiving the letter. If the Customer request is accepted, Lycopenestore.com will inform on the substitution methods and the maximum term to send the product(s) back.
10.5 If the reparation or substitution are not possible, or if they are performed outside of the term specified, or if they have caused remarkable damage or loss to the Customer, he/she can then ask for a reduction of the price in return. Lycopenestore.com hich will communicate the acceptance or the reasons why it is not possible to accept, within 7 working days from receiving the communication.
10.6 In the same communication, Lycopenestore.com will inform the Customer of the amount of the reduction or the modality of return of the defected product. In this event, it is the Customer responsibility to indicate the modality of refund of the money previously paid to Lycopenestore.com.
11 - Customer’s duties
11.1 The Customer commits to pay the price as stated in the General Sales Conditions.
11.2 The Customer is responsible, once completed the purchase, to print the General Sales Conditions, already accepted by the completion of the purchase.
11.3 The Customer is the sole responsible for the correctness and completeness of the information provided upon registration and is liable for incorrect information. The Customer relieves LycopeneStore.com from any responsibility arising from the emission of legal/fiscal documents wrongly compiled due to the Customer incorrect information provided.
12 - Privacy
ITALIAN LAW D. LGS. 196/2003
LycopeneStore.com guarantees your privacy according to the Italian law D. Lgs. 196/2003.
Personal data provided is collected telematically and used by our company or third parties (delivery partners, etc) and will be used, if agreed by the client, for the following purposes:
• fulfilment and processing of the or;
• elaboration of statistical data, promotions and email advertisement .
Providing personal data is optional: if not, LycopeneStore.com won’t be able to complete any of the above.
The client is entitled to ask for and obtain information about his personal data at any moment, including:
1) confirmation of the existence of this data and its origin;
2) details of the Body Responsible in charge of personal data management;
3) updates on personal data;
4) cancellation or modification of personal data;
5) confirmation that points 3. and 4. are communicated to third parties involved, except in those cases where it is physically impossible or involves a disproportionate cost compared to the tutelary right;
6) non-disclosure of personal data to be used for marketing, for legitimate reasons.
The Body Responsible is Licofarma S.r.l., headquarter Via Lecce, 90/92 - 73013 Galatina (LE). In order to exercise the right of the Italian law D. Lgs. 196/2003, please write to: Licofarma S.r.l. headquarter Via Lecce n.90/92 - 73013 Galatina (LE) or via email to [email protected]
13 - Integrality
13.1 The General Condition of Sales include all the clauses part of this contract.
13.2 If one of the above clauses is deemed not valid, every other clause stands.
14 - Relevant law. Choice of legislation
14.1 The General Conditions and the whole contractual relationship between parts are subject to the Italian Law.
14.2 All dispute are judged by the Tribunal of Lecce, ITALY.
15 - Final clause
15.1 This contract overrules any previously written and oral agreements.