1. SUBJECT AND SCOPE OF APPLICATION
The use of this Site by any type of User is subject to the terms and conditions, even if they do not use the Services or features available on this Site.
The term Terms and Conditions is the set of general rules for the use of the Site and the Services as well as the particular conditions governing the use of the individual Services, including any document, any other note, information published on this Site.
In the Terms and Conditions, in addition to the terms defined elsewhere, the terms listed below will have the meaning attributed next to each of them.
User – generally means the Visitor or Registered User and in any case anyone who uses or enjoys the Services and/or this Site.
Products/Services – the products and/or services sold through this Site to users.
Service – means individually or collectively any service and all associated functions offered on this Site whether free or paid and offered directly by erossexyshop or by third parties with our contribution. The term “Service” includes, in the absence of specifications, the Site and all services, including paid services, the functions and characteristics that are offered within the Site and which are in any case made available to Users.
Site – means the website accessible at the address www.erossexyshop.com, but also all associated and related internet addresses, as well as all current or future versions of the website www.erossexyshop.com, as well as any mobile applications through which you have access to the site and/or services also and regardless of whether, in both cases, access is via a currently existing platform or via a newly developed platform.
1.2. The use of this web page or registration as a user implies acceptance of these General Conditions.
1.3. These General Conditions will apply to all product sales transactions between erossexyshop and its consumers (hereinafter, “Users”).
1.4. They will also be understood as accepted by Users, in all respects, when placing an order with erossexyshop. The following general conditions are an integral part of all our contracts for the sale of articles and materials even when orders are placed via the internet, fax, mail or by telephone.
The customer is required to read the terms and conditions on this site very carefully in order to allow them to be memorized pursuant to art. 12 Legislative Decree 9/04/2003 no. 70, and learns that purchases made through this site are governed by the consumer code.
1.5. The sales and purchase operations between erossexyshop and the User will be supplemented, where appropriate, by the Particular Conditions which may be expressly agreed between the parties, without value, to all intents and purposes, any other condition that has not been expressly accepted in writing.
1.6. All contracts for the sale of products to third parties are governed by these General Conditions, which form an integral and substantial part of each proposal, order and order confirmation for the purchase of the products themselves. The conditions of sale applicable to the order are those in force on the date of the order. We reserve the right to modify the conditions contained in this document at any time, the User undertakes to read them every time he issues a new purchase order.
1.7. If the user does not intend to accept these general conditions and/or any other legal notice, information or declaration of limitation of public liability of this site, he is invited NOT TO JOIN and NOT TO USE our site and its services.
2. CHANGES TO TERMS AND CONDITIONS
2.1. erossexyshop reserves the right to update, integrate and modify all or part of the terms of these conditions and any document related to them, the Services and their respective characteristics, as well as the fees for using the Services published therein .
2.2. The User undertakes to periodically review our Terms and Conditions. erossexyshop will inform the User, through notices when possible, of any changes to the same and/or to the functionality/limitations of the Services and/or to the costs of the same by means of publication on the Site and, for Registered Users, by means of a specific communication sent to the e-mail address of the User registered on this site registration on the Site.
2.3. All changes to our Terms and Conditions and/or related Services will be effective from the moment of publication on this Site and will apply only to sales concluded subsequently. The modifications and updates will be deemed accepted by the Users by connecting to the Website/APP or using the Website/APP after the modification has been published on the Website/APP itself. If the User does not agree with the changes made, he is invited not to use the Website/APP and, if he is a Registered User, he can cancel his account by accessing the “Account” section of the Website/APP APP, by clicking on “Account” and then on “Delete Account”.
3. CONCLUSION OF THE PURCHASE
3.2. The receipt by erossexyshop of the order confirmation sent by the customer either by payment or by electronic transmission/online shopping cart, determines the conclusion of the contract.
3.3. By sending the order online and/or processing the payment, and/or with the Order Confirmation accepting the estimate and subsequent payment, the user unconditionally accepts and undertakes to observe, in relations with erossexyshop, the provisions contained in these Conditions of Sale. The forwarding of the online order/order confirmation, by means of any communication channel, including telephone, therefore presupposes the knowledge and acceptance by the customer of these conditions of sale, as well as of further information contained in the pages of the site (product name , product code, dimensions, colors, size, quantity, price, shipping costs, payment methods).
3.4. With the conclusion of the contract, erossexyshop undertakes to supply the user with the products, under the terms and conditions set forth in these Conditions of Sale.
4. USER REGISTRATION
4.1. The User who intends to register or subscribe to the Service by registering on the site guarantees that they are of legal age, and that the personal data provided are true, correct, updated, referring to the person who enters them or entered with the consent of the third party, assuming all responsibility regarding the correctness and truthfulness of the information provided. Should there be any changes in the data provided by Users, it will be their responsibility to inform erossexyshop of the updates as soon as possible. The User undertakes to hold erossexyshop harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
4.2. Registering for a user account is free and allows consumers to carry out the following activities through a reserved and personal area:
- consult your order history;
- consult the list of shipping addresses added during the purchase;
- manage your personal data and modify them at any time;
- consult the list of favorite products;
- consult the orders in progress;
- take advantage of the dedicated services that can be activated from time to time by erossexyshop
4.3. The registration credentials (email address and password) must therefore be stored with extreme care and attention. They can only be used by the Consumer and cannot be transferred to third parties. The Consumer undertakes to keep them secret and to make sure that no third party has access to them, and to immediately inform erossexyshop by sending an email to email@example.com, in the event that he suspects or becomes aware of any undue or improper disclosure thereof.
4.4. The User undertakes not to use the Website/APP and/or related Services for purposes that are illegal or not contemplated in these Terms and Conditions. The User may not use the Website/APP or related Services in a way that damages or otherwise impairs the Website/APP or interferes with the use and enjoyment of the Website/APP and related Services by other Users.
5. TERMINATION OF SERVICES
5.1. erossexyshop reserves the right to cancel the Profile and/or not to allow the User to access and use the site and the Services or part of them, at any time and with immediate effect, in case of violation by of the User’s obligations under the points: 3. Conclusion of the Purchase, 4. User Registration, 6. Method of Payment. In the event of non-compliance, erossexyshop will proceed with the cancellation of the orders placed and not yet delivered and of the user profile, without giving prior notice and communication.
5.2. Access to the Site may also be temporarily interrupted in the event of technical problems or to ensure maintenance. If possible, such interruptions will be communicated on this site.
5.3. At any time it is possible that improvements and/or changes are made to the Site and the Services if this is necessary for technical reasons or in order to comply with current regulations.
5.4. We also reserve the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice, allowing the delivery of confirmed orders. In such cases, erossexyshop will promptly notify Users, via e-mail and/or by notice on this site.
6. TERMS OF PAYMENT
6.1 The payment of orders placed by Consumers is set up by default to pay with Bank Transfer mode or Paypal.
6.2 erossexyshop is an encrypted site and credit card payments with Paypal mode are secure. Through the integration of encryption certificates we can enable so-called transport encryption. In this way the communication is protected from unauthorized access by third parties.
7. SHIPPING AND TRANSPORT
7.1. The material will be sent to the address indicated by the user at the time of purchase, indicating the place of delivery. The user is invited to pay particular attention to the correctness of the data indicated, inserting any notes in the appropriate space when filling in the shipping data . In the event that incorrect information is provided, all expenses that erossexyshop will have to incur in order to successfully complete the delivery of the goods, such as deposits with couriers and other expenses, will be charged to the user.
7.2. Shipping times will be those indicated on the site. These may vary depending on the payment method chosen.
7.3. erossexyshop offers multiple transportation options. Their availability depends on the destination and the transported goods.
7.4. Transportation times will depend on the destination and the transportation option chosen.
7.5. The deadlines indicated are estimated and not binding. Delay in compliance with the terms will not entitle the User to request direct or indirect damages or compensation, refuse the order or suspend the fulfillment of any obligation, in particular that of payment.
7.6. erossexyshop will not be responsible for the total or partial breach or delay in fulfilling its obligations towards the User, if it was motivated by a fortuitous event or force majeure affecting both erossexyshop and its suppliers or carriers, including cases of strike, other labor or industrial contingencies, lack or inability to obtain products, etc. erossexyshop may consider orders for products in progress canceled and without effect, without accumulating any compensation in favor of the user.
8. RECEIPT OF GOODS
8.1. All our items leave the warehouse with the packaging in perfect condition.
It is the User’s obligation to verify, upon receipt of the goods, that the delivery corresponds to the requested order, appears on the invoice and is correct in its presentation, condition, documentation and packaging. In the event that a package shows visible signs that suggest it may be damaged, it is your obligation to record in writing on the delivery note (both digital and paper) that the goods are damaged. Acceptance of the goods without this reserve will invalidate subsequent claims by the User. Upon receipt of the order, the user is therefore required to:
- check that the number of packages received coincides with those sent.
- check each package externally, paying close attention, to see if there are any signs of possible blows or manipulations, such as: blows, dents, holes, boxes in bad condition, adhesive tape from the courier or any sign that could lead to suspect that the goods may have been damaged.
- It is mandatory to leave a signature on the courier’s delivery note, whether on paper or on a handheld computer (PDA) “VISIBLY DETERIORATED PACKAGE”, if these signs are present.
- Not signing a package as VISIBLY DETERIORATED and subsequently submitting photos demonstrating that there was visible damage on it, will automatically be grounds for refusal of the file.
8.2. In the event that the User finds himself in any situation contemplated in the previous point, he is required to send a report via email to firstname.lastname@example.org , it should be noted that the damage must be reported as soon as it is known and no later than 48 HOURS from the date of receipt, after this period without having made the complaint, it is understood that the goods have been received by the Recipient in perfect quality and quantity. Otherwise the report will be automatically cancelled;
If the user accepts the damaged package/goods without declaring it to the courier, he cannot take action against the courier and even less against erossexyshop;
8.3. It is the user’s obligation to send a report through the correct channel (exclusively by email as in point 8.2) any report/complaint received through an incorrect channel and/or without sending the required documentation will be automatically cancelled.
8.4 For the verification of the damage, reported as in point 8.2, the user will be asked to present all the necessary documents exactly as they will be requested. Sending wrong, inaccurate documents, or the absence of the same, will cancel the possibility of any type of claim and the elimination of the file will be achieved.
You will need to provide a clear explanation down to the smallest detail and you will also need to add the required photos of the object of the complaint to the attached files.
9.1. All product prices published on the site are in Euros and are excluding tax.
We reserve the right to change the price of the products at any time, it being understood that the price of the product, which will be charged to the User, will be that indicated in the order summary as displayed in the cart before placing the order, and that any changes (increases or decreases) will not be taken into account once the order has been completed with payment received.
Delivery costs are indicated and summarized in the cart before completing the purchase.
10. DELIVERY TIME
10.1. The average delivery times of all the products on the site https://www.erossexyshop.com are from 24/48 hours and in any case according to stock availability, starting from the completion of the order payment.
10.2. Delivery times, even if indicated on the site or on personalized estimates, are always indicative as they are subject to industrial risk. erossexyshop assumes no responsibility for failure or delay in delivery of the goods ordered due to failure or delay in delivery of the necessary information by the User.
10.3. Any exceeding of the delivery terms indicated on the site or in the order confirmations cannot be the cause of termination of orders in progress, blocking of payments, refusal to collect the delivery and will not give the right to request for damages or reimbursement of the supply.
11.1. The products are depicted and made visible on the erossexyshop website. However erossexyshop is not able to guarantee the exact correspondence between the real product and the image and the colors of the same on the customer’s monitor. Color differences are not accepted as a complaint.
11.2. Products that have their own authorized Technical Assistance network will, in this case, be subject to the warranty conditions and procedures established by them.
11.3. erossexyshop offers, as a general rule, a 12-month guarantee on its products, which only covers manufacturing defects in the product.
11.4. erossexyshop will not accept any return shipment that has not been previously authorized by our after-sales service, for more information view our Returns Policy
11.5. In the event that the product presented as defective, upon its evaluation by our internal department, does not actually present this defect, erossexyshop will inform the user that it will not be refunded. By remaining this product for 7 days kept waiting for the user, confirm whether he wishes to recover the product after payment of the corresponding shipping costs, or its abandonment. After this period, you will lose the right to any claim.
11.6. The guarantee will be automatically invalidated in these cases:
11.6.1. Due to the loss or manipulation of any of the control labels of the manufacturer and/or the intermediaries of the distribution channel and/or erossexyshop.
11.6.2. When the cause of damage or failure is due to misuse, failure to apply the instructions in the accompanying manual, as well as accidents, misuse, blows, breaks, accidents or failures caused by other causes not attributable to normal operating conditions.
11.6.3. When it comes to repairs due to lack of maintenance, adjustment, overhaul or cleaning.
11.6.4. Use in unsuitable environments (dusty, exposed to direct sunlight, vibrations, extreme temperatures [below 5ºC and above 40ºC], humidity out of range [below 10% and above 95%] and output current without grounding protection or surge protection).
11.6.5. Because there is a life cycle shorter than the established warranty period.
11.6.6. No refund will be made for products returned to erossexyshop which are not defective or whose description of the incident is not real. They will be stored in our warehouse and you will receive a notice. You will have 7 days after receipt of the notice to confirm if you want the products returned to you, after having paid the shipping costs again. If you do not receive any confirmation within 7 days, the products will be destroyed in a recycling center and erossexyshop will not, under any circumstances, accept any claim for the products.
11.6.7. It must be considered that the refund operation could take several weeks to evaluate the goods received.
11.6.8. When an order is not collected by the recipient, it is returned to our warehouse. After receiving it in the warehouse, it is automatically managed by the team and goes to the administrative department to be processed. The shipment of the order and its return to the warehouse involve transport costs, which the user who placed the order must pay. As a result, a refund will be issued corresponding to the return of the order, less the return shipping costs. It must be considered that the implementation of this management can take several weeks.
11.6.9. Offering the highest quality and the best guarantee is our commitment to our customers. All items have a two-year guarantee starting from the delivery date, except for OPENBOX products which have a 12-month guarantee.
11.6.10. Defects caused by neglect, impact, misuse, tampering, incorrect voltage or installation, or wear and tear are not included in the warranty.
11.6.11. The warranty will be void:
– If any warranty detail or proof of purchase is modified, altered or replaced;
– If the identification number or the guaranteed product is tampered with or repaired, without prior authorization from the Technical Service.
12. Right of withdrawal
12.1. Internet sales of our products are identified as distance contracts, therefore regulated according to Legislative Decree n. 206/05 (art. from 50 to 68) which regulates the matter of distance contracts, i.e. contracts carried out outside commercial premises. If the Customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to erossexyshop), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the Customer must send erossexyshop a written communication to that effect, and within 14 days of the communication of the withdrawal also arrange for the shipment of the aforementioned purchased goods (ask the seller for the return address).
12.2. You have the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day (“in the case of a sales contract: «in which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods.”).
12.3. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an explicit declaration (for example a letter sent by post or e-mail) to the following e-mail address email@example.com from which, we will send you an acknowledgment of receipt of the withdrawal on a durable medium, for example by e-mail, without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
12.4. The Right of Withdrawal is subject to exceptions and exclusions regulated by Legislative Decree 21/2014 (all products intended to come into contact with mucous membranes or intimate parts are excluded, for obvious reasons of hygiene)
12.5. Return times: Please return the goods intact, unused, with the original packaging and all labels as received, or deliver them to us without undue delay and in any case within 14 days from the day on which you communicated the your withdrawal from this contract. The deadline is met if you send back the goods before the 14-day period has expired.
12.6. Effects of withdrawal: If you withdraw from this contract, without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund may only be withheld beyond 14 days until you have demonstrated that you have sent back the goods or until we have received them, whichever occurs first. The shipment of the order and its return to the warehouse involve transport costs, which the user who placed the order must pay. As a result, a refund will be issued corresponding to the return of the order, less the return shipping costs. It must be considered that the implementation of this management can take several weeks.
These refunds will be made using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise;
12.7. The refund may be suspended until receipt of the goods or until the consumer demonstrates that he has sent the goods back, whichever comes first).
12.8. You are only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
12.9. Returns for amounts of less than €30 are not permitted and returns for withdrawal of the following products are not possible given their nature: food, sex shops, perfumery and cosmetics.
12.10. All returns not expressly authorized will not be collected and will be refused and returned to the sender.
13. CONDITIONS OF SALE OF PERFUMERY, COSMETICS AND ALL OTHER BRAND PRODUCTS.
13.1. erossexyshop has been authorized to use and manage the image rights of the perfumes, cosmetics and other branded products that you use on this site. These contents are protected by intellectual property legislation, erossexyshop undertakes to respect it.
13.2. The disclosure of the images and the assignment of usage rights to third parties is prohibited, erossexyshop will take all necessary measures to avoid fraudulent use.
13.3. The suppliers of branded perfumery and cosmetic products that we market on this site, have guaranteed to erossexyshop that all the products are original, that they have been purchased both from its owners and from other authorized suppliers and that, in turn, they themselves rely on the necessary permissions and permissions for distribution.
13.4. The suppliers of products that we commercialize on this site have expressly guaranteed that the products have not been modified or altered, being of free transit and circulation within the European Common Market (MEC). These products are protected by the principle of free circulation of goods within the European Union and by the exhaustion of trademark rights, therefore they are legally marketed by us.
13.5. erossexyshop is not an official distributor of the brands and only acts as a reseller in the sales channel in the European Economic Area.
13.6. The published images of the products may sometimes not correspond to the format sent by the producers, the producers reserve the right to change the packaging and format of the products without prior notice.
14.1. erossexyshop recognizes the importance of protecting the privacy and rights of its employees and guarantees the correct processing of your data, in full compliance with current legislation.
14.2. By registering on the erossexyshop website, the User expressly accepts the processing of their personal data.
15.1. This website “erossexyshop” is owned by EROS SEXY SHOP di Guiliano Guarino, as well as all rights to its contents, images, texts, design and software. All elements of this page, including without limitation, its design and content are protected by laws on Intellectual Property, Industrial Property and international treaties referring to Copyright.
15.2. Unless expressly authorized by erossexyshop, you may not reproduce, transmit or exploit the content of this website in any way.
16.1. If any provision of these conditions is missing or becomes invalid or unenforceable under applicable law, said provision would have no effect, but only to the extent of that precise lack of validity, and will not affect any other provision of these conditions.
17. GOVERNING LAW AND JURISDICTION
17.1. These General Conditions of Sale will be regulated and interpreted in accordance with the legislation in force in the Italian territory.
17.2. In the event of a dispute, the contracting parties submit to the jurisdiction of the Judge in the competent court of Napoli expressly renouncing any other jurisdiction that may correspond to them.
17.3. However, the previous point will not prevent erossexyshop from exercising the right to resolve any dispute in another competent jurisdiction.
17.4. The Consumer residing in Europe is informed that the European Commission has set up an online platform which provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services entered into on the web and/or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr