Subject 1.1. The subject of these General Conditions of Sale (hereinafter, "General Conditions") is the regulation of the purchase of “Bath & Body Works” Products, carried out remotely, through the telematic network of the Website www.bathandbodyworks.it (hereinafter, the “Website”).
1.2. The Owner of the Website is HEXAGON S. p. a. (hereinafter, "HEXAGON") with registered office in via Giorgio E Guido Paglia no. 1 / d - 24122 BERGAMO, Fiscal Code and registration number in the Bergamo Business Register 04058560162, VAT number 04058560162, Register of economic and administrative information of Bergamo no. 431470.
1.3. To proceed with the purchase of the Products through the Website, the Customer must be over the age of eighteen or, if minor, he/she must be duly authorized by his/her parents, or in any case by a person exercising parental responsibility. Moreover, the Customer declares to be a "consumer" according to the definition of the Italian Consumer Code (Legislative decree no. 206/2005), to be a natural person, that the Products will be intended only for strictly personal use, and that the purchase of the same is not carried out in the performance of his/her professional activity.
Acceptance of the General Conditions of sale 2.1. All the purchases carried out through the Website ( hereinafter the "Purchase Agreement" or "Purchase Agreements") by users who access it (the "Customer" or "Customers") are regulated by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (art 50 - 67) and by the Italian regulations on electronic commerce (Legislative Decree 70/2003).
2.2. By concluding the Purchase Agreements, the Customer accepts and undertakes to comply with these General Conditions.
2.3. Therefore, before carrying out any purchase operation, the Customer is required to carefully read these General Conditions that Bath & Body Works makes available to him/her, also in order to allow him/her to reproduce them and store them in compliance with the provisions of art. . 12, paragraph 3 of the Legislative Decree 70/2003.
Products 3.1. The Website is an online tool for the sale of cosmetics, beauty products for body care, make-up and related accessories belonging to the Bath & Body Works exclusive brand (the "Products").
3.2. All the Products offered are described in detail on the Website, and are divided by Product categories.
3.3. The visual representation of the Products on the Website, where available, has an indicative value and normally corresponds to the Products' photographic image. The image has the sole purpose of presenting the Products for sale, without any guarantee or commitment by Bath & Body Works on the exact correspondance of the image on the Website with the real Product; this concerns its actual size and/or chromatic aspects and/or its packaging.
3.4. In the event of a difference between the image on the Website and the related product sheet, the description reported on the product sheet always prevails.
Purchase procedure 4.1. The Customer can purchase the Products on the Bath & Body Works electronic catalog following the technical access procedures illustrated therein.
4.2.. For the purchase of the Products through the Website, the Customer must register on the Website by entering his/her personal details, following the instructions provided in the registration program. If the Customer is already registered, he/she will have to authenticate on the Website by entering his/her credentials created during the registration phase. The Customer must fill out the order form available on the Website, following the instructions therein. Purchase orders must be filled out in their entirety and in an exact manner.
The function of purchasing products as a guest is available for the Customer on the Website. With this purchase method, the Customer will only be asked for the data that are essential to process the order. Upon completion of the purchase procedure, the Customer will be offered the opportunity to register as a user or to continue as an unregistered user. In the event that the Customer does not want to register on the Website, he/she can, in any case, complete the purchase procedure, but will not be able to take advantage of discounts and promotions reserved for registered users.
4.3. The Customer must enter the selected Products in the appropriate "Cart" and, after choosing the courier or delivery, and viewing and accepting the estimated contribution for the delivery costs, he/she can proceed with the purchase.
4.4. If the Customer needs to modify the type and/or quantity of Products in the Cart, he/she will have to use the appropriate functions in the "Cart section" of the Website.
4.5. After this operation, the screen with the summary of the purchase order will appear, including the delivery costs, with the request for a further confirmation of the purchase procedure.
4.6. After viewing the summary, the Customer will have to select the payment type: credit card, PayPal (and / or other payment methods that will possibly be provided within the Website), or Gift Card. Then, he/she will have to send the order by clicking on the appropriate button.
4bis Minimum Amount
Bath & Body Works reserves the right not to allow the conclusion of Purchase Agreements through the Website if the order does not reach a total minimum amount of money (hereinafter "Minimum Amount"), which may be determined from time to time by Bath & Body Works and communicated to the Customer; this amount is to be considered net of shipping costs and any discounts and / or promotions. Therefore, if the single order, net of shipping costs and any discounts and / or promotions, does not reach the Minimum Amount, the acceptance of the order will not be sent to the Customer (as regulated by the following art.5.2) and, consequently, it will not be possible to conclude the Purchase Agreement.
Conclusion of the Agreement 5.1. The publication of the Products exposed on the Website represents an invitation to the Customer to make a contractual purchase offer. The order sent by the Customer has the value of a contractual offer, and it involves the full knowledge and complete acceptance of these General Conditions.
5.2. Every Purchase Agreement stipulated between Bath & Body Works and the Customer must be understood as concluded with the visualisation, by the latter, of the Website page and of the confirmation of the order (so called “Thank You Page”), containing the "Order number" and a summary of the order itself. The Customer will also receive an email at the email address provided during the conclusion of the order, containing the information required by law, all the data entered by the Customer and the "Order number" identifying the same, which will have to be used in every further communication with Bath & Body Works. The Customer undertakes to verify the correctness of what is reported in the email and to promptly communicate to Bath & Body Works every modification and/or correction of the data. Possible increases in costs caused by errors in the Customer's indication of data, not reported promptly by the same, will be charged to him/her exclusively.
5.3. Every order can be viewed by the Customer immediately after sending it on the Website, in his/her personal area, if he/she is registered, i.e. contacting the Bath & Body Works Customer Service.
5.4 It is possible that the occasional unavailability of the Products offered may occur. In this case, if the Products chosen by the Customer are not available, in whole or in part, the order will be sent with the available Products after having notified the Customer about the Products that are not available.
5.5. Bath & Body Works has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or assert rights of any kind, for any reason, including compensation, in the event of non-acceptance of the order.
5.6. In particular, Bath & Body Works reserves the right not to accept purchase proposals and to cancel orders that do not give sufficient guarantees of solvency, or if - following a verification of the circuit that manages the credit card payments - anomalies are found in the transactions and in the payment methods used by the Customer
5.7. The Customer can check the contents of the Purchase Agreements concluded at any time by accessing his/her personal area of the Website, if he/she is registered, i.e. by contacting the Bath & Body Works Customer Service.
Product prices
All the Product prices are clearly indicated on the Website, and are inclusive of VAT. The delivery costs are properly highlighted at the time of the order. The cost of each shipment may vary according to the method of delivery and payment, as well as the destination and the total amount of the order.
Receipt and Payment method 7.1. Bath & Body Works issues a receipt of the purchased Products when the Products are delivered to the courier for shipment, sending it to the Customer by e-mail . With regard to the issuance of the receipt, the information provided by the Customer is valid. It will not be possible to modify the data after the receipt has been issued.
7.2. As better detailed below in the relevant points, payments by credit card and PayPal only require an authorization, namely a reservation of the money without actual charge when the Customer inserts the order. Therefore, the payment is actually charged to the Customer only when the Products are delivered to the Courier in charge of the shipment. In this phase, Bath & Body Works will also issue the order receipt
7.3. The payment of the purchased Products is made by credit card, PayPal (and/or other payment methods that may be provided within the site) and Gift Card in the manner specified below.
Online credit cards
The credit cards accepted are: Visa, Mastercard, American Express. All data are transferred in encrypted form using an SSL certificate, and therefore cannot be intercepted by external parties. Moreover, the data is entered directly on the bank's website, guaranteeing maximum security. The amount of the order is not immediately charged to the card; it is charged at a later stage, within the limits authorized by the Customer. When inserting the order on the Website, only a payment authorization for the amount indicated is requested (very often at this time an SMS / E-mail is sent to the Customer by the bank that issued the card). The authorization does not imply the charging of the money, but simply a reservation of the relative amount. Upon delivery of the order to the courier, shipper or in any case to another person appointed by Bath & Body Works for the delivery, the amount due is actually required to be charged. This guarantees that the amount is charged to the credit card only at the time of the certain material shipment of the Products, and only for the amount relating to the Products actually shipped.
Paypal
PayPal, an eBay company, is a fast and secure payment system. Once the order has been completed and PayPal has been chosen as the payment method, the Customer will be redirected to the PayPal website, where he/she will be able to access his/her account by entering the personal e-mail address and password. After the registration, it's possible to proceed with payments via PayPal without having to re-enter the data, even for subsequent purchases. Choosing to pay with PayPal the amount is charged directly to the credit card (Visa, Visa Electron, Mastercard, American Express) or to the prepaid card(PostePay) assigned. PayPal protects the Customer's information as no financial information is passed on. A confirmation e-mail from PayPal will be sent at every transaction carried out with this method. It is noted that the amount of the order is charged to the PayPal account when the courier takes charge of the order. When inserting the order on the Website, an authorization request will be made simply to check the availability on the Customer's PayPal account, without any charge. In case of cancellation of the order, the amount is refunded to the Customer's PayPal account.
Gift Card
The Customer can use a “Gift Card” for the payment, selecting Gift Card as the payment method in the “Check out” section. After having chosen the shipment method, he/she will have to insert the number under the Barcode and the Security code. With regard to the conditions of use of the Gift Cards, please refer to the contents of the Frequently Asked Questions section of the Website.
Delivery methods and costs 8.1. Bath & Body Works undertakes to deliver the Products without undue delay, and in any case no later than thirty days from the conclusion of the Purchase Agreement. The delivery of the Products will be made by courier, and the times will vary according to the destination. In any case, the terms indicated at the time of the order are indicative.
8.2. In accordance with the provisions of the EU Regulation 2018/302, it will also be possible for Customers who are citizens of the European Union but not resident in Italy, to purchase Products on the Website. However, the Customer (Italian and / or resident in one of the member states of the European Union) is aware and accepts that Bath & Body Works will deliver the Products exclusively in the national territory (Italy) to the address indicated by the Customer and will do everything possible to deliver the Products to the Customer even outside the national territory as long as within the European Union. If the delivery outside the national territory is not possible for organizational, administrative and managerial reasons of Bath & Body Works, the order will be considered canceled at no cost for the Customer.
8.3. The Customer cannot hold Bath & Body Works liable in any capacity in case of delay in the processing of the order or in the delivery of the Products covered by the Purchase Agreements.
8.4. The ordered Products will be sent to the postal address specified by the Customer. Upon delivery of the Products by Bath & Body Works to the courier in charge, an e-mail will be sent to the Customer confirming the shipment.
8.5. The deliveries of the Products will be made from Monday to Friday, during normal office hours, excluding national holidays in the manner indicated by the courier chosen by the Customer. The delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In case of non-delivery due to the absence of the addressee at the specified address, the courier will send an e-mail notice and will attempt a new delivery according to the methods established by the latter. In case of impossibility to carry out the new delivery due to the absence of the addressee, the Bath & Body Works Customer Service will try to contact the Customer to schedule a further delivery. In the event that the Bath & Body Works Customer Service fails to contact the Customer in the following 10 days, or in the event of further impossibility of delivery due to the absence of the addressee, the Products subject of the order will be returned to Bath & Body Works. After 30 (thirty) days from the date on which the Products subject of the order have been returned to Bath & Body Works due to the impossibility of carrying out the delivery, the related Purchase Agreement will be considered terminated and the purchase order will be cancelled, pursuant to art. 1456 of the Civil Code. Bath & Body Works will refund the sum paid by the Customer, net of the costs of returning the Products and the costs of custody of the same at the branch of the courier appointed for delivery.
8.6. The termination of the Purchase Agreement and the refund amount will be communicated to the Customer by e-mail. The refund amount will be credited to the payment method used by the Customer for the purchase. In the event that, before the expiration of the thirty days, the Customer requests to receive the purchased Products again, Bath & Body Works will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the Products to Bath & Body Works and the custody costs.
8.7. Upon delivery of the Products by the courier appointed by Bath & Body Works (or at the time of collection at the collection point), the Customer is required to scrupulously check: a) that the anti-theft label is intact and that the packaging is not damaged or altered; b) that the number of items delivered corresponds to what is indicated in the transport document.
8.8. Any damage to the anti-theft label, to the packaging and the Products, the mismatch in the number of items / packages or of the indications must immediately be reported by the Customer, who can contact Bath & Body Works through the Customer Service specifying the order in which these inconveniences occured.
8.9. Cases of force majeure (such as, by way of example, sudden provisions of law, regulations and other provisions of the Public Authority, wars, embargoes, fires, floods, explosions, earthquakes, floods, epidemics, strikes, etc.), unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible, or cause a significant increase in the delivery cost charged to Bath & Body Works, will give it the right to subdivide, postpone or cancel, in all or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, Bath & Body Works will provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer, and the latter will be entitled to a refund of any price already paid, excluding any further claim, in any capacity, against Bath & Body Works.
Discount Coupons - Promotions 9.1. Any discount coupons or promotional codes can be entered when the Customer completes the purchase order in the "Cart section". The system will update the total amount of the order net of the value of the coupon.
9.2. The discount coupon can be combined with other commercial initiatives only in the cases in which it is expressly indicated.
Right of withdrawal and its effects 10.1. The Customer has the right to withdraw from the Purchase Agreement, without indicating the reasons, within 30 days.
10.2. The withdrawal period expires after 30 days from the day on which the Customer or a third party, other than the carrier and the person designated by it, comes into physical possession of the Products. In the case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, the term of 30 days starts from the day on which the Customer or a third party, other than the carrier and the person designated by it, comes into physical possession of the last good.
10.3. To exercise the right of withdrawal, the Customer must inform Bath & Body Works (HEXAGON SpA, via Giorgio e Guido Paglia, 1 / D - 24122 Bergamo) of his/her decision to withdraw from the Purchase Agreement by sending an explicit declaration concerning this to the Bath & Body Works registered office or to the e-mail address servcli.bathandbodyworks@percassi.com. To this end, the Customer may use, without this being mandatory, the withdrawal form available at this link.
10.4. To meet the withdrawal deadline, it's sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
10.5. In case of withdrawal from the Purchase Agreement by the Customer, all the payments made by the Customer to Bath & Body Works will be refunded, including the delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay, and in any case no later than 14 days from the day on which Bath & Body Works receives the notice of withdrawal. These refunds will be made using the same payment method used by the Customer for the initial transaction, unless it is expressly agreed otherwise; in any case, the Customer will not have to incur any costs as a consequence of this refund. The refund may be suspended until when Bath & Body Works receives the Products, or until the Customer proves that he/she has returned the Products, whichever occurs earlier.
10.6. The Customer is required to return the Products or deliver them to Bath & Body Works at Geodis CL Italia S.p.A. Via Dogana Po, 2 / A Block I1 29015-Castel San Giovanni (PC), Italy, without undue delay and in any case within 14 days from the day on which he/she communicated his/her withdrawal from the Purchase Agreement. The deadline is met if the Customer sends back the goods before the expiry of the 14 day period. The costs of returning the Products will be borne by the Customer.
10.7. In compliance with the provisions of article 59, paragraph 1, letter e), of the Consumer Code (Legislative Decree 6th of September 2005, no.206 and subsequent amendments and integrations), the Customer cannot, in any case, exercise the right of withdrawal in the event of sealed Products (for hygienic reasons or reasons related to health protection) which have been opened after the delivery.
10.8. Right of withdrawal from the purchase of a Virtual Gift Card. The Customer has the right to withdraw from the Purchase Agreement for a Virtual Gift Card, without any penalty, within 30 (thirty) days from the purchase of the Virtual Gift Card, i.e. from the date of reception of the activation e-mail of the Virtual Gift Card. The right of withdrawal referred to in this paragraph is expressly excluded, and it will not be possible to exercise it, in the case of a partially or fully used Virtual Gift Card. To exercise the right of withdrawal, if the above term has not elapsed and the Virtual Gift Card has not been used, in whole or in part, the Customer is required to inform Bath & Body Works (HEXAGON SpA, via Giorgio e Guido Paglia, 1 / D - 24122 Bergamo - Bath & Body Works), of his/her decision to withdraw from the Purchase Agreement by means of an explicit declaration in this regard, to be sent to the registered office of Bath & Body Works or to the e-mail address servcli.bathandbodyworks@percassi.com. To this end, the Customer may use, without this being mandatory, the withdrawal form available at this link. Following the above, the Customer will receive an e-mail confirming the withdrawal and deactivation of the Virtual Gift Card, containing: (i) the order number from which he/she is withdrawing; (ii) the code of the Virtual Gift Card subject to withdrawal and deactivation - with the last characters obscured in case of purchase of a Virtual Gift Card given to a third party; (iii) the expiry date and the value of the Virtual Gift Card. In case of withdrawal with regard to a Virtual Gift Card purchased to give it to a third party, the latter will receive an e-mail informing him/her of the deactivation of the Virtual Gift Card as a result of the Customer's exercised right of withdrawal. In the event of withdrawal, the payment made for the purchase of the Virtual Gift Card will be refunded to the Customer, without undue delay and, in any case, no later than 14 (fourteen) days from the communication of his/her will to exercise the right of withdrawal. This refund will be made using the same payment method used by the Customer when purchasing the Virtual Gift Card, unless the Customer requests a refund on a different payment method: in the latter case, the Consumer will be responsible for any additional costs deriving from the refund through the different payment method.
Non-conformity of products and defective products 11.1. The Products offered on the Website comply with the national and European community legislation. The images and colours of the Products published on the Website may differ from the real ones due to the local systems settings and/or to the tools used for their visualization.
11.2. In the event of a lack of conformity of the Products purchased with respect to the description published on the Website and in the event of a faulty or defective Product, the Customer has the right to an immediate refund of the non-compliant good. He/she must send photos that highlight the damage or non-conformity of the Product through the form in the "Customer Service" section.
11.3. This will be followed by the communication by the staff of Bath & Body Works with the indication of the refund method which can be made, at the Customer's discretion, also through discount vouchers to be used in a subsequent purchase, excluding any further liability of Bath & Body Works, in any capacity.
11.4. The aforementioned cases, however, are without prejudice to the provisions on the legal guarantee of conformity of goods, provided for by the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Art.102-135)
Processing of personal data
For information on the use of personal data, Customers should refer to the Bath & Body Works privacy policy in the dedicated section within the Website.
Communications and complaints
All the Customer's communications or complaints against Bath & Body Works relating to the Purchase Agreements must be sent through the appropriate tools indicated and / or present on the Website in the "Customer Service" section, with the possible exception of what is provided in these General Conditions.
Intellectual Property Rights
All trademarks (registered and unregistered), as well as any and all intellectual properties, distinctive signs or registered names, images, photographs, written or graphic texts and more, generally any intangible asset protected by international laws and conventions in the matter of intellectual property and industrial property reproduced on the Website remain the exclusive property of Bath & Body Works and / or its assignors, without any right of the Customer on the same. Any use, even partial, of the same is prohibited without the prior written authorization of Bath & Body Works, in favour of which all related rights are exclusively reserved.
Applicable law and Competent court 15.1. These General Conditions and any and every Purchase Agreement entered into with the Customer are regulated by the Italian law.
15.2. For any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any Purchase Agreement stipulated with the Customers, the court of the place of residence or domicile of the Customer will be the competent court, if located in Italy.
Purchase limits
The Customer is hereby made aware and accepts that Bath & Body Works will be entitled, at its sole discretion, to:
set quantitative limits on the number of Products, even for single reference, that can be purchased with each Purchase Agreement, i.e.,
set limits on the maximum value of each order and the consequent Purchase Agreement that may be concluded by the Customer.
The Products, services and promotional samples on the Website are purchased by the Customer exclusively for personal use. The Customer is not allowed to sell and resell any Products, services or promotional samples received. Bath & Body Works reserves the right to reduce or terminate any Purchase Agreement if it has reason to believe that the conduct of the Customer may violate the General Conditions.
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