TERMS AND CONDITIONS OF USE
THESE GENERAL SALES CONDITIONS AND THE CONTRACTUAL RELATIONS BETWEEN WWW.BIZENCOSMETICS.COM AND THE BUYER ARE GOVERNED BY JAPAN LAW.
IN CASE OF DISPUTE, BEFORE STARTING ANY JUDICIAL ACTION, THE PARTIES UNDERTAKE TO SEEK AN EXTRAJUDICIAL SOLUTION.
We welcome you to www.bizencosmetics.com (the "Site").
Any purchase of a product proposed on the Site requires consultation and explicit acceptance of the GCS. A handwritten signature on your part is not required for acceptance.
Pursuant to the applicable laws and regulations relating to electronic signature, please note that the validation of the purchase order, as specified in these GCS, constitutes an electronic signature, which has the same value between the parties as the handwritten signature, which is valid as proof of purchase order and the collectability of the sums due under the aforementioned order.
In the context of these GCS, the following is agreed: "You" or the "Buyer" means the person who browses the Site and / or purchases products on the Site; “We” or the “Seller” means the company identified in the above legal notices; the Buyer and the Seller will be jointly referred to as the "Parties" and individually the "Party".
TERMS OF PURCHASE
The Products and services that we offer on the Site are reserved for adults (or minors who hold an authorization from the person exercising the:
(i) parental responsibility and allowing you to place an order on the Site);
(ii) in possession of the full legal capacity to place orders on the Site.
We reserve the right at any time to ask you for an identity document certifying your age and / or the aforementioned authorization. We reserve the right not to process a purchase order and / or to exclude from our customer / potential customer database any Buyer who has not responded to the above request or who has not complied with the principles set out in this clause.
It should be noted that the Products are intended for the personal use of the Purchaser, that their purchase must not have any connection with the latter's professional activity, including the resale of the Products themselves.
PRODUCTS - PRICES
The products offered for sale on the Site, as well as any related ancillary services and / or complementary products (hereinafter "Products") are those present on the Site on the day of the consultation and / or navigation on the same by the Purchaser.
If a Product is not available, the Purchaser is informed of this unavailability at the time the order is placed (a message will appear indicating that the Product is temporarily unavailable), or after the validation of the order and before delivery, by email.
In the event that the Buyer requests the cancellation of an order, the Seller undertakes to reimburse the Buyer the sums paid by the latter within a maximum period of 14 (fourteen) business days from the date of receipt of the request, depending on the payment method used by the Buyer.
The Buyer is informed of the fact that the photographs and texts illustrating the Products are subject to change.
The prices take into account any discounts and VAT applicable on the day the order is placed.
It should be noted that any promotions granted in the form of discount coupons are valid only 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 billed based on the rates in effect at the time of order registration, subject to their availability.
REGISTRATION AND VALIDATION OF THE ORDER
How to enter an order
To place an order, the Buyer must first connect to the Site.
Subsequently, the Purchaser can learn more about the different Products offered for sale on the day of the Site consultation and choose the Products:
• browsing the various categories of Products or;
• by directly typing the name of the Product into the search engine, or;
• by clicking on one of the pages in the Site map shown at the bottom of each page, thus 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 to add the Product to the cart.
Once this is done, the Buyer will see the number of Products in their cart. We inform the Buyer that the contents of the cart may be subject to an expiry date.
The Purchaser can continue the visit or click on the cart to view its contents, viewing all the elements of the order, the fundamental characteristics of the Products, the total amount of the order, the billing and delivery data, the timing, the costs and any delivery limitations as well as the legal rights and guarantees available to the Buyer.
The Buyer can return to his or her order, complete it, modify it, cancel it if he or she has not yet validated it. If the Buyer wishes to choose other Products, he or she can continue browsing the Site, making sure that the Product (s) selected is/ are present in the shopping cart.
The Buyer has the possibility, at any time of processing the order - that is, up to the actual payment under the conditions set out in these GCS - to return to his or her order, complete it, modify it, cancel it until it has actually validated it.
Once the selection of the Products has been completed, the Buyer can validate the order using the appropriate button. At that point, a new page will open which invites the Buyer to provide username (email address) and password if the Buyer is already registered on the Site, or to click on the button that allows you to change the information relating to your personal data.
After having viewed 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 this GCS, or to click on the button that allows you to change the cart and / or related information to your personal data.
By clicking on the button that allows you to access the payment of the order, the Buyer must at first read these GCS and subsequently confirm his or her consent to all the conditions in GCS, activating an acceptance confirmation action requested by the Site (such as ticking a box).
As soon as the Buyer confirms acceptance of the GCS, an Internet page dedicated to order payment opens.
The Buyer must then proceed with the payment of the order under the conditions described in these GCS.
The data recorded by the Seller constitute proof of all transactions between the Seller and the Buyer.
Once the order has been confirmed and payment has been validated in the manner provided above, a printable and savable summary of the Buyer's order is displayed which contains the references of the purchase order itself.
The Seller will send, as soon as possible, an email confirming the order to the email address communicated by the Buyer.
The Seller retains ownership of the ordered Product(s) until the Seller has fully collected the price and ancillary costs, including shipping costs. In the event of payment problems, the Buyer undertakes to return the products received to the Seller within 5 business days.
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) 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) for the purpose of verify the non-fraudulent nature of the order.
In the absence of a reply 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 after the expiry of the aforementioned term to the refund of the order according to the payment method used by the Buyer.
By explicit agreement between the Seller and the Buyer, the email messages are authentic between the Parties, as well as the automatic registration systems used on the Site, in particular with regard to the type and date of the order.
The Buyer can access, if necessary, in accordance with the rules of common law, the electronic contract stipulated between the Buyer and the Seller. To this end, you must contact the Customer Service, which will provide all the necessary information, in particular the order number and its details.
DELIVERY AND RETURNS
You can choose your country of destination by selecting “country of destination” in the cart section where you will also be able to see the estimated shipping charges. During the process of placing the order it is possible to choose among additional services, to see the exact value of the order and the estimated delivery time.
It is necessary to specify a shipping address where there will be someone available for accepting the delivery, a telephone number (possibly a mobile phone number to receive shipping updates via sms) and an email address. In the event of a failed delivery we suggest you check your mailbox for a possible written notice from the carrier.
Upon shipping the order, the Site will send you an email with a tracking code to track your package.
Delivery to the carrier
Shipping time may change or the shipping service may not be available in the event of shipment to remote areas, islands or in the case of extremely big packages.
Receiving the order
Upon receiving the order we kindly ask you to check that the number of packages delivered matches the number printed on the shipping document provided by the carrier and that the package is intact. If the package is damaged, we kindly ask you to sign for the package with reservation informing the carrier and contacting our customer service.
Please be aware that if you do not sign for the package with reservation it won’t be possible to file a complaint because the shipping service would not have the documents needed to proceed with the verification and it would not be possible to refund the purchaser or to replace the damaged or missing item.
In the event of a delayed delivery or any trouble concerning the delivery of the order, we kindly ask you to contact our customer service and we will be happy to help you by providing you with assistance.
Failed delivery: it may happen that family or neighbours accept the delivery of the order without informing the shipper. The tracking system will display these orders as “delivered”. Before filing a complaint we kindly ask you to check with your family and neighbours if they have accepted a delivery.
Internal error: the Site strives to provide you with a high quality service and to avoid making mistakes. However, sometimes, it may occur that a product is missing when you receive your package or that you receive a different version of the item you purchased. In such a case, we kindly ask you to immediately contact our customer service to find a solution. After the appropriate checks, we will do our best to solve the problem proceeding with either priority shipping or the refund of the missing items.
If the delivery fails due to wrong address or wrong telephone number provided by the Buyer, unavailability of the recipient even after many attempted contacts or expiration of storage time and the package is shipped back to www.bizencosmetics.com, the return fee shall be charged on the Buyer. The cost of a new shipping of the same order shall also be charged to the Buyer.
If you receive any damaged goods please accept our apologies. The Site is constantly working to ensure that the shipping package and its content are not damaged. If the products inside of the shipping package are damaged or broken please contact our customer service by email at the address email@example.com attaching a picture of the faulty goods within 48 hours after the delivery. Our customer service will be glad to help you by providing a prompt solution to your problem.
If the Buyer chooses to refuse the package upon delivery (without having received a written consent from the customer service of the Site), refuses to pay customs duties or taxes, shipping charges and the costs for the return shipment shall be both charged to the Buyer. Custom duties and taxes for both shippings shall be charged to the Buyer.
For many countries inside the EU there are no custom duties and the value of the order is inclusive of VAT, with the exception of the invoices issued for holders of VAT registered to the VIES system.
For non-EU countries (and some specific locations inside the EU such as the Canary Islands) the order will be shipped - unless otherwise specified in the order’s notes – inclusive of (country)VAT and it may be subject to custom duties or taxes (for example VAT) specific of the country of destination which shall be entirely be borne by the recipient.
To learn more about import conditions, the Buyershould contact the Agency of Customs of the country of destination or the branch of the carrier chosen by the Site to learn more about shipping procedures. It may happen that a shipment is stopped for Custom inspection (for example in the event of missing requirements of the recipient) and in some countries may require the appointment of an intermediary/broker in which case the additional costs shall be charged to the recipient. The Site supplies all the necessary documentation for Customs clearance and if any additional documentation is required it shall be provided by our customer service.
The Site does not have any control on any of these procedures and we cannot estimate the amount of customs duties, taxes or charges. In no case can we refund these expenses. If customs clearance fails, Customs may keep the goods or ship them back; in this case the costs for the return shipment and customs duties and taxes shall be charged to the customer.
The Site allows you to return any order within 14 working days after delivery.
14 days are computed from the date of purchase to the date printed on the postmark of the return shipping.
It is possible to return an order only when the products are in perfect condition. Returned products must not show any sign of usage, opening, washing or damage of any kind. All original labels must be intact, all products must be returned inside their original package with all the original components (such as boxes, bags, labels, leaflets, instructions, accessories, etc.).
The costs for the return shipment shall be charged to the Buyer, with the exception of returns due to problems caused by the Site.
The Buyercan choose to entrust the returning shipment to the Site or to a shipping service of choice.
The return of purchased items is subject to confirmation by the Site staff. The result of the confirmation procedure will be communicated within 14 business days after the items are returned to our stock.
When filling in the Customs declaration form (such as CN22 and/or CN23), it is necessary to specify “Returned goods – Failed sale” and to attach them to the package. Please follow carefully all the instructions for return procedure given by our customer service because all customs duties and taxes shall be charged to the customer. The Site will decline any charge for custom duties and taxes and the competent authority is likely to return the declined package to the customer at his or her own expense.
Write an email to firstname.lastname@example.org to inform us of the items you want to return. You will receive a confirmation email with instructions.
Once you receive the confirmation email, please follow the instructions given by email.
To make sure the returned items are not damaged during shipping, we suggest using the packaging you received from the Site for the return shipment as well.
Kindly note that the customer shall be held responsible for the return shipment.
Please write externally on the package
Number of your order
Destination address as it is specified in the confirmation email.
Ship the package with your carrier of choice. We suggest using a standard delivery service with tracking or shipping insurance as the customer shall be held responsible for any damage, missed delivery or delay. Return charges (shipping charges, packing costs) shall be borne by the customer.
Upon delivery, the Site will check that the returned goods meet our “returns conditions”. In the event of the slightest sign of use or if one or more of our “returns conditions” are not met, the return will be rejected.
Within 14 business days after we receive the returned goods we will send an email to confirm whether or not we accepted the return.
You will receive a confirmation email of the new shipment or the return, depending on the option selected from the “returns form”.
Refunds will be made by the payment method selected during the purchase process. It may be visible after a few days, depending on the payment method selected.
If you wish to replace a purchased product with a different one we suggest asking for refund and placing a new order.
Returned goods that do not meet “returns conditions” or that have been damaged by the customer, will not be refunded and will be shipped back to the Buyer At his or her own expense.
For products purchased on special offer please check the offer terms and conditions.
If you do not receive any email within X days after returning an item, please contact our customer service at email@example.com.
Faulty products upon delivery
The Site runs a quality check of each product before shipping. In the event you receive a faulty product, please contact us at firstname.lastname@example.org within 14 working days after delivery describing the fault in the product you received. Our customer service will run a check and work to find a solution as soon as possible.
1. Write an email to email@example.com to inform us of the items you want to return. You will receive a confirmation email. We kindly ask you to attach photos or videos of the faulty product to help us assess the problem.
2. We will run a check on the returned products to assess the nature of the problem.
3. Within X working days after we received the returned goods we will send an email to confirm whether we accepted the return for faulty goods or not.
4. You will receive a confirmation email of the return
5. Refunds will be made by the payment method selected during the purchase process. It may be visible after a few days, depending on the payment method selected.
The Site reserves the right to propose a refund if it is not possible to restore the faulty goods. Refunds will be made by the payment method selected during the purchase process. It may be visible after a few days, depending on the payment method selected.
If you do not receive any email within 14 working days after returning an item, please contact our customer service at firstname.lastname@example.org.
The amount due by the Buyer is that indicated in the order confirmation and displayed on the dedicated internet page and subsequently sent by email from the Seller to the Buyer.
At the time of order validation, the Buyer can choose between different payment methods.
Payment can be made:
• immediately via the Internet, by credit card (Visa, Amex, Mastercard);
• through Paypal.
The order is validated by the Seller only upon acceptance of the GCS 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 case of exceeding the maximum thresholds indicated in Article 1 - "Purchase Conditions" of
(I) these GCS,
(II) ongoing dispute with the Buyer,
(III) total or partial failure to pay a previous order by the Buyer
(IV) refusal of credit card payment authorization by banking institutions,
(v) non-payment or partial payment.
Neither Party will be responsible for total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter the "Force Majeure Events").
Force Majeure Events may include, but are not limited to, wars, riots, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusion into the website servers, strikes of any form, telematic or telephone failures, etc.
The party that assumes that a Force Majeure Event has occurred or there is a risk of occurring, must inform the other Party within 14 working days of the event or the aforementioned risk.
The Parties agree to communicate in order to jointly determine the terms and conditions for completing orders during the presence 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 reimburse the Buyer, where due.
If one or more clauses of these GCS will be considered null or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.
These GCS and the summary of the order sent to the Buyer form a contractual whole and constitute the entirety of the contractual relationships stipulated between the Parties.
In case of discrepancy between the aforementioned documents, these GCS will prevail.
Modification of the GCS
It should be noted that the Purchaser can save or print these GCS, provided that they are not modified.
The Seller may, at any time, update these GCS. Each updated version of these GCS 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 version uploaded.
Applicable law and competent court
Japan law applies to the GCS and contractual relationships between the Site and the Buyer.