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Terms and conditions of use

GENERAL CONDITIONS OF SALE OF THE WEBSITE WWW.FUJIHADA.COM

THESE GENERAL CONDITIONS OF SALE AND THE CONTRACTUAL RELATIONSHIPS BETWEEN FUJIHADA AND THE PURCHASER ARE GOVERNED BY ITALIAN LAW. IN THE EVENT OF A DISPUTE, BEFORE COMMENCEDING ANY LEGAL ACTION, THE PARTIES UNDERTAKE TO SEEK AN OUT-OF-COURT SOLUTION.

Welcome to the website www.fujihada.com (the “Site”).

We invite you to carefully read these general conditions of sale (hereinafter “GCS”), as well as the Privacy Policy which regulates navigation on this Site, as well as our relationships in the event that you order Products and Services on this Site.

Any purchase of a product offered on the Site presupposes the consultation and explicit acceptance of the GTC. An autograph signature on your part is not required for acceptance.

In accordance with the applicable legislative and regulatory provisions relating to electronic signature, it is recalled that the validation of the purchase order, as specified in these GTC, constitutes an electronic signature, which has the same value between the parties as a handwritten signature, and is valid as proof of the purchase order and of the enforceability of the sums due pursuant to the aforementioned order.

In these GTC, the following is agreed: “You” or the “Buyer” means the person browsing the Site and/or purchasing products on the Site; “We” or the “Seller” means the company identified in the legal notices above; the Buyer and the Seller shall be jointly referred to as the “Parties” and individually the “Party”.

PURCHASE TERMS

The Products and services we offer on the Site are reserved for adults (or minors holding an authorisation from the person exercising the:

(i) parental responsibility and which allows you to place an order on the Site);

(ii) have full legal capacity to place orders on the Site.

We reserve the right at any time to ask you for an identity document that certifies your age and/or the aforementioned authorization. We reserve the right not to follow up on a purchase order and/or to exclude from our database of customers/potential customers any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.

It is specified that the Products are intended for the personal use of the Buyer, that their purchase must not have any connection with the professional activity of the latter, including the resale of the Products themselves.

PRODUCTS – PRICES

Products

The cosmetic products offered for sale on the Site, as well as any related accessory services and/or complementary products (hereinafter “Products”) are those present on the Site on the day of consultation and/or navigation on the same by the Buyer.

If a Product is not available, the Buyer will be informed of such unavailability at the time of placing the order (a message will appear indicating that the Product is temporarily unavailable), or after validation of the order and before delivery, by email.

In the event that the Buyer requests the cancellation of the entire order, the Seller undertakes to reimburse the Buyer for the sums paid by the latter within a maximum of 14 (fourteen) days from the date of receipt of the request, depending on the payment method used by the Buyer.

The Buyer is informed that the photographs and texts illustrating the Products are subject to variations.

Prices

Prices are indicated in Euro (€) and are valid throughout Italy.

Prices take into account any discounts and VAT applicable on the day the order is placed.

Please note that any promotions granted in the form of discount vouchers are valid exclusively for a single order per user and in a specific period of validity and cannot be combined with other discounts.

The Seller reserves the right to change prices at any time; however, the Products are invoiced based on the rates in force at the time of registration of the order, subject to their availability.

ORDER REGISTRATION AND VALIDATION

How to place an order

To place an order, the Buyer must first connect to the Site.

Subsequently, the Buyer can deepen his knowledge of the different Products offered for sale on the day of consulting the Site and choose the Products:

(i) browsing the various Product categories or;

(ii) by typing the name of the Product directly into the search engine, or;

(iii) by clicking on one of the pages in the Site map shown at the bottom of each page, thereby accessing the entire range of Products.

While browsing the Site, the Buyer who wishes to place an order can do so by simply clicking on the button intended to add the Product to the cart.

Once this operation is carried out, the Buyer will see the number of Products present in his cart. We inform the Buyer that the contents of the cart may be subject to an expiration date.

The Buyer can continue the visit or click on the cart to view its contents, displaying all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the data for invoicing and delivery, the times, costs and any limitations of delivery as well as the rights and legal guarantees available to the Buyer.

The Buyer can return to his order, complete it, modify it, cancel it if he has not yet validated it. If the Buyer wishes to choose other Products, he can continue browsing the Site, making sure that the Product(s) he has selected are present in his cart.

The Buyer has the possibility, at any time during the order processing - that is, until actual payment under the conditions set out in these GTC - to return to his order, complete it, modify it, cancel it until he has actually validated it.

Once the selection of the Products has been completed, the Buyer can validate the order by using the appropriate button. At that point a new page will open that invites the Buyer to provide a username (email address) and password if the Buyer is already registered on the Site, or to click on the button that allows the Buyer to modify the cart and/or information relating to his/her personal data.

The Buyer undertakes to fill out the form made available to him in good faith. The Buyer acknowledges that the data communicated by him to the Seller and stored in the information systems of the Seller and/or subcontractors are accurate and constitute proof of his identity. It is recalled that such personal data will be processed in compliance with the Privacy Policy accessible here.

After viewing the order, the Buyer is invited to click on the button that allows access to the payment of the order, under the conditions described in these GTC, or to click on the button that allows modification of the cart and/or information relating to his/her personal data.

By clicking on the button that allows access to the payment of the order, the Buyer must first read these GTC and then confirm his/her consent to all the GTC by activating an acceptance confirmation action requested by the Site (such as, for example, ticking a box).

As soon as the Buyer confirms acceptance of the GTC, an Internet page dedicated to payment of the order opens.

The Buyer must then proceed to pay for the order under the conditions described in these GTC.

The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.

Order Confirmation

Once the order has been confirmed and the payment validated according to the methods provided above, a printable and savable summary of the Buyer's order is displayed, showing the references of the purchase order itself.

The Seller will send, as soon as possible, an order confirmation email to the email address provided by the Buyer, with the following information:

the identity of the Seller and his contact details,

the order reference registered at the time of placing the order,

the order summary and the key features of the products,

delivery times, costs and any limitations,

the total amount of the order, including taxes,

the legal rights and guarantees available to the Buyer,

confirmation of payment.

The Seller retains ownership of the Product(s) ordered until the Seller has received full payment of the price and additional costs, including shipping costs. In the event of payment problems, the Buyer undertakes to return the products received to the Seller, upon first request.

In order to protect the Seller from possible fraud and in the event that the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the Buyer (before processing the order) for additional documents (in particular proof of domicile and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's credit card) in order to verify the non-fraudulent nature of the order.

In the absence of a response from the Buyer within 15 (fifteen) days following the sending of the request by the Seller or the online payment service provider, the order will be cancelled and the Seller will proceed within 14 (fourteen) days following the expiry of the aforementioned term to refund the order according to the payment method used by the Buyer.

Proof of order

By explicit agreement between the Seller and the Buyer, e-mail messages are binding between the Parties, as are the automatic registration systems used on the Site, in particular with regard to the type and date of the order.

The Buyer may access, if necessary, in accordance with the rules of common law, the electronic contract concluded between the Buyer and the Seller. To this end, he must contact Customer Service to which he will provide all the necessary information, in particular the order number and its details.

PAYMENT

The amount owed by the Buyer is the one indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by email by the Seller to the Buyer.

When validating the order, the Buyer can choose between different payment methods.

Payment can be made:

• immediately via the Internet, by credit card (Visa, Amex, Mastercard);

• via Paypal.

The order is validated by the Seller only after acceptance of the GTC and verification and confirmation of the validity of the payment.

In any case, the Seller reserves the right to refuse any order or any delivery in the event of exceeding the maximum thresholds indicated in Article 1 – “Purchase Conditions” of the

(I) present GTC,

(II) ongoing dispute with the Buyer,

(III) total or partial non-payment of a previous order by the Buyer,

(IV) refusal of authorization for payment by credit card by banking institutions,

(v) non-payment or partial payment.

MISCELLANEOUS

Force majeure

Neither Party shall be liable for any failure or delay in performing any of its obligations under this Agreement caused by an event which it cannot prevent (hereinafter the “Force Majeure Events”).

Force Majeure Events may include, but are not limited to, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorised access and/or intrusions into the website servers, strikes of any kind, computer or telephone failures, etc.

The Party which assumes that a Force Majeure Event has occurred or is at risk of occurring shall inform the other Party within 5 working days of the event or such risk.

The Parties agree to meet to jointly determine the terms and conditions for fulfilling orders during the occurrence of a Force Majeure Event.

After 1 (one) month of interruption due to a Force Majeure event, the Site may choose to cancel orders and refund the Buyer, where applicable.

Partial nullity

If one or more clauses of these GTC are considered null or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.

Entire agreement

These GTC and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.

In the event of any discrepancy between the above documents, these GTC shall prevail.

Modification of the GTC

It is specified that the Buyer can save or print these GTC, provided that they are not modified.

The GTC in force can be consulted at any time under the heading “General Conditions of Sale” accessible from all pages of the Site.

The Seller may, at any time, update these GTC. Each updated version of these GTC will be made available on the Site in the dedicated section: the Site therefore invites all users to periodically consult the Site to always be informed of the latest uploaded version.

Applicable law and competent court

The GTC and the contractual relationships between the Site and the Buyer are governed by Italian law.