Terms of Sale

1. Subject

1.1. These general terms and conditions of sale apply to the purchase of products (hereinafter "Products") through the e-commerce website www.shopcoswell.com (hereinafter the "Website") by users who qualify as "Customers" pursuant to Article 1.2 below. The Website is managed by INCOS COSMECEUTICA INDUSTRIALE S.r.l., located at Via P. Gobetti, 4, 40050 Funo di Argelato (Bo), VAT No. 0258806120, REA: BO-268945, and is responsible for the supply of the Products.

1.2. Purchases of Products made through the Website involve INCOS COSMECEUTICA INDUSTRIALE S.r.l. as the seller (hereinafter the "Seller") and the person purchasing one or more Products (hereinafter the "Customer"). The Seller and Customer will be collectively referred to as the "Parties".

1.3. Any communication from the Customer related to the purchase of Products - including reports, complaints, requests regarding purchases and/or delivery of Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details provided on the Website and via email at support@shopcoswell.com or through the toll-free number 800185478 (available Monday to Friday from 9 AM to 1 PM and from 2 PM to 6 PM).

1.4. Each purchase is governed by the general terms and conditions of sale in the version published on the Website at the time the order is placed by the Customer.

1.5. If one or more sales are made to an entity that does not qualify as a "Customer" under Legislative Decree 206/2005, these general terms and conditions of sale will still apply but, in derogation of their provisions:

a) The buyer will not be granted the right of withdrawal referred to in Article 10;

b) The buyer will not be entitled to the warranty on Products specified in Article 8;

c) The buyer will not be entitled to any additional protections provided in favor of the Customer that reflect or comply with mandatory legal provisions;

d) The sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.6. By submitting the purchase order, the Customer agrees that the confirmation of order details and these general terms and conditions of sale will be sent to them via email at the address provided during registration on the Website or during the purchase process.

1.7. To make purchases through the Website, the Customer must be of legal age (18 years) and have the legal capacity to act, which the Customer declares to possess.

1.8. The Customer is solely responsible for any costs related to their internet connection to the Website, including telephone charges, according to the rates applied by their selected service provider.

 

2. Product Features and Availability in Different Geographic Areas  

2.1. The Products are sold with the characteristics described on the Website and under the general terms and conditions of sale published on the Website at the time the order is placed by the Customer, excluding any other terms and conditions.

2.2. The Seller reserves the right to modify these general terms and conditions of sale at any time at its discretion, without prior notice to users of the Website. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded from that date onwards.

2.3. Prices, Products available for sale on the Website, and/or their characteristics are subject to change without notice. Before placing a purchase order as per Article 3 below, the Customer is invited to verify the final sale price.

2.4. The Website can be accessed worldwide. However, the Products available on the Website can only be purchased by users requesting delivery in Italy.

 

 

 3. Product Purchase Process - Completion of Each Purchase Contract 

3.1. The presentation of Products on the Website, which is not binding for the Seller, is a mere invitation to the Customer to submit a contractual purchase proposal and does not constitute a public offer.

3.2. The purchase order submitted by the Customer to the Seller via the Website constitutes a contractual purchase proposal and is governed by these general terms and conditions of sale, which form an integral part of the order itself and which the Customer is required to accept in full and without reservation when submitting the order to the Seller. Before purchasing Products by submitting the purchase order, the Customer will be asked to carefully read these general terms and conditions of sale and the right of withdrawal notice, to print a copy using the print function, and to save or reproduce a copy for their personal use. Additionally, the Customer will be asked to identify and correct any data entry errors.

3.3. The Customer's purchase order is accepted by the Seller with the sending of an order confirmation email to the Customer at the email address provided at the time of registration on the Website or order submission if the Customer is not registered on the Website. This email will contain a link to the text of these general terms and conditions of sale, a summary of the order placed, and a description of the characteristics of the Products ordered. The Customer's order, the Seller's order confirmation, and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems, and the Customer may request a copy by sending an email to the Seller at support@shopcoswell.com.

3.4. Each purchase contract for Products is considered concluded when the Customer receives the order confirmation from the Seller via email.

 

 4. Product Selection and Purchase Procedure  

4.1. The Products presented on the Website can be purchased by selecting the desired Products and adding them to the appropriate virtual shopping cart. Once the selection of Products is complete, to proceed with the purchase, the Customer will be invited to (i) register on the Website by providing the required data, (ii) log in if already registered, or (iii) provide their data to complete the order and finalize the contract. If the details entered in the order differ from those provided during registration, the Customer will be asked to confirm their data (e.g., name, surname, etc.), the delivery address for the selected Products, the billing address, and a phone number for any purchase-related communications. The Customer will view a summary of the order, which they can modify as needed. After carefully reviewing the details, the Customer must expressly approve these general terms and conditions of sale by selecting the appropriate checkbox on the Website. Finally, by clicking the "Place Order" button, the Customer will confirm their order, which will then be definitively sent to the Seller, producing the effects described in paragraph 3.2 of this contract. The Customer will also be required to select the shipping method and payment option from the available choices. If the Customer opts for immediate payment (at the time of purchase) via credit card or PayPal, they must provide the relevant payment details through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the Customer's provided details. If payment is made by credit card, the purchase amount will only be charged upon the Seller's transmission of the order confirmation to the Customer.

 

5. Delivery of Goods and Acceptance 

5.1. The Website indicates the availability of Products and their estimated delivery times; however, such information is purely indicative and not binding for the Seller.

5.2. The Seller undertakes to make every effort to comply with the delivery times indicated on the Website and, in any case, to complete the delivery within a maximum of thirty (30) days from the day following the date on which the Customer placed the order. In case the Seller is unable to fulfill the order due to the temporary or permanent unavailability of the Product, the Seller will provide written notification to the Customer and will proceed with the refund of any amounts already paid by the Customer for the purchase of the Product, in accordance with section 5.3.

5.3. The shipment of the Products ordered by the Customer will take place using the method selected by the Customer from those available and indicated on the Website at the time of order submission. The Customer agrees to promptly check, as soon as possible, that the delivery includes only the Products purchased and to immediately notify the Seller of any defects in the received products or any discrepancies with the order placed, following the procedure outlined in Article 8 of these general terms of sale. Failing this, the products will be considered accepted. If the package or packaging of the ordered products arrives visibly damaged, the Customer is advised to refuse delivery from the carrier/shipping company or to accept it with a “reservation” note.

6. Prices, Shipping Costs, Taxes, and Duties

6.1. The price of the Products is the one indicated on the Website at the time the Customer places the order. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable), but do not include shipping costs. Shipping costs are calculated before the order confirmation is sent by the Seller to the Customer, and the Customer agrees to pay these costs in addition to the price indicated on the Website.

6.2. The Customer must pay the Seller the total price as specified in the order and in the order confirmation email sent by the Seller to the Customer.

 

7. Payments

7.1. The Customer expressly agrees that the execution of the contract by the Seller will commence once the payment for the purchased Product(s) has been credited to the Seller's bank account.

7.2. Payment can be made by credit card, via PayPal, or by cash on delivery, under the conditions described below. The Seller may offer additional payment methods, which will be indicated in the payment section of the Website.

7.3. If payment is made by credit card, the Customer will be redirected to a secure site, and the credit card details will be directly transmitted to Banca Sella S.p.A., headquartered in Biella (Italy), Piazza Gaudenzio Sella, 1 - 13900 Biella, registered with the Chamber of Commerce of Biella, VAT No. 02224410023, the entity managing payments on behalf of the Seller. The transmitted data will be sent securely using 128-bit SSL (Secure Socket Layer) encryption technology. These details will not be accessible even to the Seller.

7.4. Placing an order with cash on delivery as the payment method obligates the Customer to accept the shipment and pay the agreed amount upon delivery.

Incos expressly reserves the right to take any necessary legal action, if applicable, to recover all expenses incurred due to a failed delivery caused by the Customer.

 

8. Seller’s Legal Warranty of Conformity, Reporting of Non-Conformities, and Warranty Claims

8.1. Pursuant to and in accordance with European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees to the Customer that the Products will be free from design and material defects and will conform to the descriptions published on the Website for a period of two (2) years from the date of delivery to the Customer. Any warranty claim is excluded in cases where the Product is used in a manner inconsistent with its intended purpose and with the instructions/warnings provided by the Manufacturer or contained in the relevant product documentation.

8.2. To avoid forfeiture of the warranty, the Customer must report any defects or non-conformities within ten (10) days of discovery (or within the more favorable timeframe established by Legislative Decree 206/2005, if applicable). The report must be sent to the Customer Service department at servizio.consumatori@shopcoswell.it, using the appropriate form, duly completed, specifying the detected defect and/or non-conformity, along with the required documentation indicated in the return form (including at least one (1) photograph of the Product and a copy of the order confirmation issued by the Seller).

8.3. Upon receiving the form and related documentation, the Seller will assess the reported defects and non-conformities through the customer support service of INCOS COSMECEUTICA INDUSTRIALE S.r.l. After conducting quality checks to verify the actual non-conformity of the Product, the Seller will decide whether to authorize the return of the Products. The Seller will inform the Customer of its decision by email, providing a "Return Code" to the email address used during registration on the Website or when placing the order. Authorization to return the Products does not, in any way, constitute recognition of defects or non-conformities, which will be verified upon receipt of the returned Products. The Products for which the Seller has authorized the return must be sent back by the Customer, along with a copy of the return authorization communication containing the "Return Code," within thirty (30) days from the defect or non-conformity report, to the following address:

INCOS COSMECEUTICA INDUSTRIALE S.r.l.
c/o Markeven S.r.l.
Via Guareschi 101/105 - 41126 Modena, Italy

8.4. If the Seller is required to refund the Customer for the price paid, the refund will be issued, where possible, via the same payment method used by the Customer at the time of purchase or via bank transfer. The Customer is responsible for providing the Seller with the necessary bank details to process the transfer by sending an email to servizio.consumatori@shopcoswell.it, ensuring that the Seller has all the required information to complete the refund.

9. Liability for Damage Caused by Defective Products

9.1. Regarding any damage caused by product defects, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply. The Seller, acting as the distributor of the products through the Website, is released from any and all liability, without exception, by providing the name of the relevant product manufacturer.

 

10. Right of Withdrawal

10.1. The Customer has the right to withdraw from any contract concluded under these general terms of sale, without penalty, within fourteen (14) days from the date of receipt of the ordered Products, for any reason and without the need to provide any justification.

10.2. To exercise the right of withdrawal, the Customer must send the Seller the appropriate withdrawal form, duly completed, via email to support@shopcoswell.com within the aforementioned period.

10.3. If the Products have not yet been shipped to the Customer, the withdrawal will be considered effective upon receipt of the withdrawal email by the Seller.

10.4. If the Products have already been shipped to the Customer, upon receiving the withdrawal email, the Seller will send the Customer a return code via email. Within the following fourteen (14) days, the Customer must write the return code on the form mentioned in point 10.2 and return the Products to the Seller, along with the duly completed return form containing the return code, by sending or delivering them to:

INCOS COSMECEUTICA INDUSTRIALE S.r.l.
c/o Markeven S.r.l.
Via Guareschi 101/105 - 41126 Cognento di Modena, Italy

10.5. The risks and costs associated with returning the Products to the Seller will be borne by the Customer.

10.6. To validly exercise the right of withdrawal, the Products must be returned intact (without any signs of wear, abrasion, scratches, dents, deformation, etc.), complete with all their components and accessories (including packaging, labels, etc., still attached to the product), accompanied by any instructions/manuals, original packaging, and the warranty certificate, if included. Otherwise, the Customer will not be entitled to a refund. It is therefore recommended to cover the original packaging of the Products with protective wrapping to maintain their integrity and protect them during transport from any markings or labels.

10.7. The Seller will accept returned Products, reserving the right to verify that they meet the conditions specified in point 10.6.

10.8. If the returned Products pass inspection and the right of withdrawal has been validly exercised by the Customer within the specified timeframe and conditions, the Seller will refund the full amount paid for the purchase of the Products, including shipping costs, as soon as possible and in any case within fourteen (14) days. However, the Customer will bear the shipping costs and any customs duties or additional taxes for returning the Product to the Seller.

10.9. The refund will be processed, where possible, using the same payment method the Customer used for the original purchase or via bank transfer. The Customer must provide the Seller with their bank details via email to support@shopcoswell.com to enable the Seller to issue the refund. If payment was made by credit card, the refund will be credited directly to the same credit card used for payment. If the payment was made via PayPal, the refund will be credited directly to the PayPal account used for the purchase. 

 

11. Diritti di proprietà intellettuale

11.1. Il Cliente dichiara di essere informato che tutti i marchi, i nomi, così come pure ogni segno distintivo, denominazione, immagine, fotografia, testo scritto o grafico utilizzato sul Sito o relativo ai Prodotti sono e restano di esclusiva proprietà di INCOS COSMECEUTICA INDUSTRIALE S.r.l e/o dei suoi aventi causa, senza che dall’accesso al Sito e/o dall’acquisto dei Prodotti possa derivare al Cliente alcun diritto sui medesimi.

11.2. I contenuti del Sito non possono essere riprodotti, né integralmente né parzialmente, trasferiti con mezzi elettronici o convenzionali, modificati, o utilizzati a qualunque fine senza il previo consenso scritto di INCOS COSMECEUTICA INDUSTRIALE S.r.l .

 

12.  Customer Data and Privacy Protection

12.1. To proceed with registration, order submission, and the conclusion of this contract, the Website requires the Customer to provide certain personal data. The Customer acknowledges that the personal data provided will be recorded and used by the Seller in compliance with and in accordance with Italian law Legislative Decree No. 196/2003 and subsequent amendments (Privacy Code), for the purpose of processing each purchase made through the Website and, with the Customer’s consent, for any additional activities as specified in the Privacy Policy provided to the Customer at the time of registration.

12.2. The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process is accurate and truthful.

12.3. The Customer may update and/or modify their personal data at any time through the "Account" section of the Website, accessible upon authentication.

12.4. For further information on how the Customer’s personal data is processed, please refer to the Privacy Policy section.

13. Security

13.1. Although the Seller implements measures to protect personal data from loss, falsification, manipulation, and misuse by third parties, due to the technical characteristics and limitations of electronic communication security over the Internet, the Seller cannot guarantee that the information or data viewed by the Customer on the Website, even after authentication (login), will not be accessible or visible to unauthorized third parties.

13.2. Regarding payment data for credit card transactions, the Seller relies on the services of Banca Sella S.p.A., which employs technological systems designed to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

 

14. Applicable Law, Attempt at Conciliation, and Jurisdiction

14.1. Except for contracts stipulated with the entities mentioned in Article 1.6, which fall under the exclusive jurisdiction of the Court of Bologna, every sales contract concluded between the Seller and Customers under these general terms of sale shall be governed and interpreted in accordance with Italian law, particularly Legislative Decree No. 206 of September 6, 2005 (Consumer Code), with specific reference to regulations on distance contracts, and Legislative Decree No. 70 of April 9, 2003, concerning certain aspects of e-commerce. In any case, any mandatory legal provisions granting rights to Consumers shall remain unaffected.

14.2. In the event of disputes between the Seller and a Customer, the dispute shall be subject to the exclusive jurisdiction of the Court of Bologna, unless this provision is not applicable due to mandatory legal provisions in the Customer’s country of residence. 

15.European ODR Platform

As an alternative to the provisions set forth in Article 14, if the Customer encounters an issue related to a purchase made on the Seller’s website and wishes to resolve it without resorting to legal action, they may access the European ODR Platform for the out-of-court resolution of disputes.

The European ODR Platform is developed and managed by the European Commission in compliance with Directive 2013/11/EU.

If the Customer requires further information about the platform or wishes to initiate an online alternative dispute resolution procedure, they can access the following link: http://ec.europa.eu/odr.