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Terms and Conditions of Sale

These general conditions govern online purchases made through the website www.gaborcosmetics.com by persons residing in the following countries: Italy

  1. General conditions
    • These general conditions of sale (hereinafter, “General Conditions”) govern all sales of Gabor products (hereinafter, “Products” or “Product”) concluded remotely through the website www.gaborcosmetics.com (to follow, the “Site”).
    • The online selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”); by ‘consumers’ we mean natural persons, 18 years of age or older, who act for purposes unrelated to their commercial or professional activity.
    • The language used for the conclusion of sales contracts through the Site is Italian
    • Customers are required to carefully read the General Conditions, available on the Site, in order to make themselves aware of them, and follow or apply them. Gabor (as defined below) will send a copy of the General Conditions to the Customer pursuant to the provisions of the following article 5.10 of these General Conditions. Contracts concluded with customers will be archived by Gabor for the period required by current legislation.
  2. Identification of the vendor
    • The vendor is Gabor S.r.l., head office in Via L. Canepa 13 i.r, 16165 Genova, Italia, VAT n. 02709390104, fiscal code n. 02709390104, REA GE – 291036, share capital with a value of 36.585,37 Euro, on deposit (“Gabor”).
  3. Information relating to the Products and their availability
    • The information relating to the Products, together with Product codes and price, are available on the Site.
    • The graphic representation of the Products displayed on the Site is only an example and may differ from the actual product sold; the Customer must rely exclusively on the description of the Product and on the characteristics of the same reported on the Site.
    • Gabor reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models and colors of the Products described on the Site may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified by means of an automatic message. Gabor cannot under any circumstances be held liable to the Customer for the unavailability of a Product.
    • The Customer may order a maximum of ten pieces of each single Product.
    • The vendor is in no case responsible for any errors that may result from a failed connection to the Site on the part of the Client.
  4. Price
    • The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes and/or duties. Delivery costs will be added to the price of the Products and are indicated separately in the order form.
    • The Vendor constantly checks the accuracy of the prices indicated on the Site; however, it is not possible to guarantee the absence of errors. If an error is found on the indicated price of a Product, Gabor will reject the order request and offer the Customer the opportunity to purchase the Product at the correct price.
  5. Closure of the Contract
    • The Site reports the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by Gabor.
    • Before sending an order proposal through the Site, the Customer is required to carefully read all the instructions provided during the purchase procedure, including instructions regarding delivery costs, the conditions for exercising the right of withdrawal, the Privacy Policy as well as these General Conditions condizioni per l’esercizio del diritto di recesso e l’Informativa sulla Privacy) nonché le presenti Condizioni Generali.
    • To purchase a Product the Customer must
      • insert the selected Product in the “Cart” clicking on the appropriate button;
      • Complete the requested details of the order proposal;
      • Select the method of payment;
      • Accept the General Conditions;
      • Send the order proposal to Gabor through the Site, indicating acceptance of the company’s Privacy Policy.
    • The transmission of the order proposal constitutes a purchase proposal for the selected Product, governed by these General Conditions and is binding to the Customer (without prejudice to the right of withdrawal provided for in article 10 below). The transmission of the order proposal by the Customer entails the obligation of the latter to pay the price of the Product, or Products, ordered.
    • Before submitting the order proposal, the Customer has the possibility to correct or change the data entered by following the appropriate procedure indicated on the Site (for example, the Customer has the right to change the quantity of the Products that he/she intends to purchase by adding or deleting one or more Products from the “Cart”).
    • The use of personal data is governed according to company policy Informativa sulla Privacy, the order form along with the data of the client who is making the order can be retained by Gabor for the amount of time foreseen by current Italian law.
    • The contract between Gabor and the Customer is concluded when the Customer receives confirmation from Gabor of the acceptance of the order proposal forwarded through the procedure provided on the Site. The acceptance (or rejection) by Gabor of the order proposal will be sent to the Customer via the e-mail address indicated by the Customer in the order proposal (“Order Confirmation”).
    • Gabor may refuse an order proposal. In this case, no amount will be due by the Customer to Gabor, with the possible exception of the sums indicated in in the following cases, according to Article 6:
      • unavailability of the Products (without prejudice to the provisions outlined in Articles 3.3 and 5.9);
      • the payment made by the Customer is not successful (for example, failure to charge the purchase price on the Customer’s credit card or, if the payment is made by bank transfer, failure to confirm receipt of the bank transfer within 10 (ten) working days from the date of the order proposal);
      • there is a report or suspicion of fraudulent or illegal activity, including the suspicion that purchases are being made for commercial purposes;
      • failure by the Customer to fulfill his/her obligations deriving from a previous contract concluded with Gabor.
    • In case of unavailability of one or more Products ordered, the customer will be notified by e-mail. In this case, the order proposal will be canceled or accepted only for the available Products. In case of partial acceptance, the Customer is required to pay only the price of the available Products (if the payment is made by credit card, only the amount corresponding to the available Products will be charged to the Customer).
    • In compliance with the provisions of Article 51, paragraph 7 of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information relating to delivery costs, the conditions and methods for exercising the right of withdrawal (including an indication of the right of withdrawal being excluded in the case of a customized Product), the indication of an address to which complaints can be made and information on post-sales assistance services and existing commercial guarantees. An e-mail communication will be sent by Gabor to confirm the shipment of the Products, in accordance with the provisions of Article 8.1 below (“Confirmation of Shipping”).
    • The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.
  6. Method of Payment
    • The Customer may pay the amount relating to the Products ordered and the shipping costs using a credit card, PayPal, Scalapay or Cash On Delivery. Gabor accepts payments made using the following credit cards: Visa, MasterCard.
    • Transactions will be debited to the Customer’s credit card only after:
      • the credit card details have been verified;
      • the debit authorization has been received from the company issuing the credit card used for payment.
    • For Cash On Delivery (COD), payment is made in cash upon delivery of the order. Checks are not accepted. The Customer must pay the exact amount of the order, indicated in our shipping confirmation email, as the courier does not give change. COD involves an additional charge of €2.90to the customer for collection costs. COD can only be used for purchases of less than €400..
    • In the event that, for any reason, within a period of 10 (ten) working days from the date of the order, it is not possible to charge the credit card the amounts owed by the Customer (or, in the case of COD, the funds corresponding to these amounts are not yet deposited in Gabor’s bank account), it will not be possible to execute the contract and the order will be canceled.
    • If the Customer buys with Scalapay, the order will be sent immediately while the payment will be made in 3 installments. The Customer acknowledges that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that these installment payments will be considered authorized.
  7. Transport and Delivery
    • I The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of delivery, the signature of the Customer (or his/her delegate) is required. No deliveries will be made to post office boxes. No deliveries of orders will be made to the following geographical locations: Vatican City, Livigno and the Republic of San Marino.
    • For each order, Gabor will issue a specific purchase receipt which will be sent to the Customer via e-mail or post in compliance with current legislation. The purchase receipt is issued on the basis of the information provided by the Customer at the time of the order. Changes to the purchase receipt are not permitted after its issue. If the Customer requires an invoice, it must be requested before the purchase is concluded. Invoices cannot be requested after the order is closed.
    • Delivery costs are charged to the customer and are highlighted separately in the order form. The Customer will be exempt from delivery charges if an order is in excessive of €39.90.
    • The purchased products will be delivered by the courier selected by Gabor (Bartolini) from Monday to Friday (with the exclusion of local or national holidays) between 9:00 am and 7:00 pm. Deliveries will be made within 5 days of the Order Confirmation (except in the event of force majeure or unforeseeable circumstances). Disadvantaged areas are excluded from the guarantee of 5 days. In case of unsuccessful delivery the courier will leave a notice of passage either on the intercom or in the mailbox and will also send the Customer an email and an SMS informing the Customer of the attempted delivery. A second delivery attempt will automatically be rescheduled for the next day. If the courier is unable to successfully deliver at the second attempt, the package will be kept in the local delivery center for 10 working days. On the 11th working day, if the package has not yet been collected, it will be returned to Gabor.
    • Upon delivery of the Products by the Courier, the Customer or his/her delegate is required to check the following:
      • that the number of packages delivered corresponds to that indicated in the delivery note;
      • that the packaging and its seals are intact, undamaged, not wet or unaltered in any way.
    • Any damage to the packaging and/or to the Product or any error regarding the number of packages or other information must be immediately reported in writing on the Courier’s delivery note. If the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection regarding the external characteristics of the delivered package(s).
  8. Confirmation of shipment and delivery
    • Gabor will send the Customer an e-mail confirming the shipment after the shipment has actually taken place.
  9. Packaging
    • The Products purchased on the Site are delivered using the packaging regularly employed by Gabor.
  10. Right of Withdrawal
    • Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days of the date on which the Customer (or his/her authorized representative for receipt of the Product) materially comes into possession of the Product itself.
    • To exercise the right of withdrawal, the Customer must carry out the procedure indicated in the Return Policy Polita Resiwithin the deadline set out in Article 10.1
    • Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with Article 10.2) the Customer must return the purchased Product to Gabor by sending it to the following address: GABOR SRL, Via L.Canepa 13 i.r., 16165 Genoa.
  11. Refund policy
    • For more information on refunds in the event of withdrawal and/or replacement of defective products, please consult the Return Policy section Politica Resi.
  12. Personalized products
    • In compliance with Article 59, paragraph 1, letter c) of the Consumer Code, as defined below, the right of withdrawal does not apply to orders relating to personalized products such as, for example (but not limited to), Products on which the Customer’s initials are engraved.
  13. Product Substitution
    • Without prejudice to the Customer’s rights outlined in Articles 10 and 11 of these General Conditions, in no case does Gabor recognize the right of the Customer to substitute Products purchased on the Site with other products.
  14. Non-conformity
    • If a Product sold by Gabor is defective or allegedly lacks conformity relative to the Products sold by Gabor, the Customer should immediately contact customer service at customercare@gaborcosmetics.it or via the toll free number 800-910356.
    • The sale of the Products is subject to the legal guarantees cited in Articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to these regulatory provisions, the Customer has the right to restoration of conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), at no additional cost, or, if one of these remedies is not successful (in accordance with the provisions of Article 130, paragraph 7 of the Consumer Code), the Customer will be able to obtain an appropriate reduction in the price of the Products or the termination of the contract. The Customer loses these rights if she/he does not report the lack of conformity to Gabor within 2 (two) months from the date on which the lack of conformity is discovered. The right to make a claim regarding lack of conformity not intentionally concealed by Gabor is prescribed 26 (twenty-six) months from the date of delivery of the Product.
    • In the event that the Customer requests, within the terms outlined in Article 13, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Gabor of the Product to be repaired or replaced, as well as all costs relating to the delivery to the Customer of the repaired or replaced Product, are the responsibility of Gabor.
  15. Guarantee of authenticity and intellectual property rights
    • Gabor guarantees the authenticity of all Products purchased on the Site. The “Gabor” branded products are made with Italian materials, are packaged by Italian subcontractors, and are all MADE IN ITALY, with the sole exception of promotional products (pouches/ gadgets), which are made in China or other non-EU countries.
    • All intellectual property relative to the Products are and remain the exclusive property of the company Gabor SpA. Intellectual property includes the “Gabor” trademark, as well as all the figurative and non-figurative trademarks and service marks present on the Products and on the related accessories and/or packaging. Trade dress, whether registered or not, as well as all illustrations, images and logos protected by copyright are also included as Gabor intellectual property.
  16. Applicable law and competent court
    • These General Conditions and, consequently, the contracts concluded with Customers, are governed by the law of the Republic of Italy and will be interpreted as such (here included are the Legislative Decree No. 206 of 6 September 2005, the “Consumer Code” and, in in particular, “Chapter I, Title III of Part III” and the Legislative Decree no. 70 of 9 April 2003, otherwise known as the “E-commerce Decree”).
    • Any dispute arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the mandatory jurisdiction of the tribunal in the place of residence or domicile of the Customer.
  17. Contacts
    • For further information and assistance regarding the Site or on how to purchase online, the Customer can contact customer service at customercare@gaborcosmetics.it or toll-free at 800-910356 active from 9:30 to 12:30 and from 14:30 to 17:30.
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