1. 1. Definitions and premises
      1. 1. For the purposes of these general terms and conditions of sale and use (“General Terms and Conditions“) means:

1. 1. “Virgo Cosmetics“: the company under Italian law with registered office in Milan, Italy, via Larga n. 7, tax code and VAT number 12632050964, registered with the Milan Monza-Brianza Lodi Chamber of Commerce under REA number MI-2673985;

1. 1. “Website“: the e-commerce website https://www.virgocosmetics.com, wholly owned by Virgo Cosmetics;

1. 1. “Product” or “Products” means the services or products sold by Virgo Cosmetics through the Website;

1. 1. “Customer” or “Customers” means any consumer entity 18 years of age or older who purchases Products through the Web Site.
      1. The General Conditions apply each time the Customer orders a Product through the Web Site and must be accepted by the Customer before any order for Products is placed.
      1. Virgo Cosmetics recommends that Customers read the General Terms and Conditions carefully and print a copy for their own future reference, it being understood that in order to finalize an order for a Product on the Web Site, the Customer must declare that he/she has read, understood and accepted the General Terms and Conditions as well as the privacy and cookies policy and terms of use (likewise on the Web Site). Failure to accept the General Conditions will therefore not allow the Customer to order any Product.
      1. The General Terms and Conditions do not apply to purchases of Products made outside of the Website, including but not limited to purchases made from a third-party retailer
      1. 1. When ordering Virgo Cosmetics asks the Customer for confirmation of:

1. 1. Be a resident of the European Union;

1. 1. Order Products for delivery to the European Union;

1. 1. To be at least 18 years old or, if a minor, to be authorized by the person having legal representation.

If any of the foregoing information is not referable to the Customer, Virgo Cosmetics asks the Customer to refrain from ordering Products from the Website, reserving the right, in its sole discretion, to refuse or accept the order.

1. 1. The General Conditions and the Web Site have been prepared in the following languages: Italian.

• • Product Presentation
    • • The descriptions of the Products displayed on the Web Site are made by Virgo Cosmetics in good faith and should be understood merely as a guide to the Customer’s purchase of the Products.

As such, the descriptions of the Products are not intended to diagnose, treat, cure, or prevent any condition or disease of the Customer, but only to provide all the information necessary for an informed purchase by the Customer.

• • All Products must be used by the Customer in absolute accordance with the instructions, precautions, and related guidelines. Virgo Cosmetics recommends that the Customer always check the ingredients of the Products before ordering, so as to avoid potential allergic reactions or subsequent problems, for which Virgo Cosmetics cannot be held responsible in any case. The indications provided by Virgo Cosmetics regarding the Products are not a substitute for the advice of a physician; in the event that the Customer has any doubts whatsoever regarding the use of the Products, having regard to his or her health condition and otherwise, Virgo Cosmetics recommends that the Customer consult his or her physician.
    • Both the Product and its packaging may vary from what is shown in the images on the Web Site.
    • Images of the Products are included on the Web Site for illustrative purposes only. Virgo Cosmetics does not guarantee that the display of products from the Website will match the Products later actually delivered.
    • • By accepting the General Conditions, the Customer agrees and acknowledges:

• • that all content on the Web Site (including, without limitation, text, graphics, photographs, copyrights, trademarks, and any other intellectual property rights) is the property of Virgo Cosmetics and that the same is made available solely for the personal use of the Client, who agrees not to reproduce, copy, or use in any way the content of the Web Site without the prior written permission of Virgo Cosmetics;

• • that the Products are intended for personal use, obligating themselves not to resell them to third parties.

• • Product Prices
    • All prices shown on the Web Site are in euros (€) and include Value Added Tax (VAT) at the rate prescribed by law, but do not include packaging costs, transportation costs and any additional costs that will in any case be indicated before the Customer finalizes the order. In the event of a change in the VAT rate occurring between the date of the order and the date of delivery of the Product, Virgo Cosmetics will adjust the VAT rate of the order, unless the Customer has already paid for the Product in full prior to the change occurring, in which case Virgo Cosmetics will not make any adjustment to the VAT rate originally applied.
    • • Virgo Cosmetics reserves the right to change the prices of the Products at any time, except if the Customer has already completed the order process.

• • How to Order Products
    • When the Customer has located a Product on the Web Site that he or she wishes to purchase, he or she should click the “ADD TO CART” button, this operation adding the chosen Product to a “virtual shopping cart” (“Shopping Cart“). The Customer may then proceed to pay for the Products in the Shopping Cart by clicking on the Shopping Cart icon and then on the “CHECKOUT” button. Alternatively, the Customer may continue browsing the Web Site and add additional products to their Shopping Cart.
    • The Customer has the ability to view the Products in his/her Shopping Cart at any time by clicking on the Shopping Cart icon and then the “GO TO MY CART” button. If the Customer wishes to remove a Product from their Shopping Cart, they simply click on the “X” icon under the “REMOVE” header next to the relevant Product.
    • After clicking on the “PROCEED TO CHECKOUT” button, the Customer will have the option of registering with the Web Site, providing the information indicated therein, or checking out as an unregistered guest. In any case, the Customer will then be asked to provide the information necessary for the processing of his/her order and the related delivery of the Products: this information can be provided by filling in the relevant fields. Virgo Cosmetics represents to the Customer that all fields marked with an asterisk must necessarily be filled in to complete the order.
    • Virgo Cosmetics is committed to respecting Customers’ right to privacy by using the information received in accordance with its privacy policy and cookies policy.
    • For its own internal organizational reasons Virgo Cosmetics limits per Customer purchases from the Website to no more than ten (10) units of each Product per single order. In any case, this limit may not be exceeded over a period of twelve (12) months in the case of multiple orders.
    • • However, Virgo Cosmetics reserves the right to refuse, suspend, or cancel any order at its discretion. In particular, Virgo Cosmetics may always refuse, suspend or cancel the Customer’s order in case of (i) unavailability of the Products ordered, (ii) incompleteness of the order, (iii) error in the price indication or description of the Product, (iv) non-payment of the price of the Products, (v) even likely fraudulent use of the Web Site, (vi) supervening impossibility not attributable to Virgo Cosmetics. The Customer will be notified by email in case of rejection, suspension or cancellation of the order. In the event that Virgo Cosmetics cancels the order at a time after the payment has been finalized, the Customer will receive a refund of the amount paid.

• • Customer order fulfillment
    • • Once the Customer places an order for a Product by following the steps described in Article 4 above and clicking on the “MAKE ORDER” button, Virgo Cosmetics will send an email to the Customer confirming their purchase. This email will provide the Customer with full details of their order and does not, however, constitute acceptance of the order by Virgo Cosmetics. A shipping confirmation email, including a tracking code, will be sent by Virgo Cosmetics to the Customer as soon as the ordered Products have left Virgo Cosmetics’ warehouse. Completion of the contract between Virgo Cosmetics and Customer shall occur once Virgo Cosmetics has accepted Customer’s order and shipped the Products, without prejudice to Virgo Cosmetics’ right to refuse, suspend or cancel the order as provided in Article 4.6 above.

• • Payment for Products
    • All Products will remain the property of Virgo Cosmetics until paid for in full by Customer.
    • During the checkout phase (see item 4 above), Virgo Cosmetics will ask the Customer to complete the payment details. All fields marked with an asterisk must be completed by the Client. Virgo Cosmetics accepts most credit and debit cards, as precisely identified on the payment screen. Virgo Cosmetics will collect, store and use the information provided by the Customer for payment in accordance with its privacy and cookie policy.
    • • All payments made by credit or debit card are subject to authorization by the Customer’s card issuer. In the event that the card issuer fails to authorize payment, Virgo Cosmetics shall have the right to cancel the Customer’s order, which will be promptly notified by email communication. In the event that Customer has already received the Products ordered and Virgo Cosmetics has not received payment for them, Customer will be obligated at its own expense to return the Products to Virgo Cosmetics within 14 days of receipt of the Products. If the Customer fails to comply with the foregoing, Virgo Cosmetics may arrange for the pickup of the Products by charging the Customer for the cost thereof.

• • Product Changes
    • • Virgo Cosmetics reserves the right to change the Products as a result of the introduction of different regulations.

• • Delivery of Products
    • For shipping information, including shipping costs and estimated delivery times, the Customer may refer to the shipping policy on the Web Site.
    • Delivery will be made to the address specified by the Customer in his order, using suitable operators in the field of transportation and shipping. In case of non-delivery of the Products due to the absence of the recipient or his delegate at the address indicated in the order, the Products will be (i) retained by the carrier for a reasonable period of time and then returned to Virgo Cosmetics or (ii) left in the “safe place” possibly indicated by the Customer when filling the order. In the event that the Customer chooses to have his or her order delivered to a “secure location,” he or she must select one of the listed secure locations and must ensure that the chosen secure location is protected from the elements and is not visible to the public in order to prevent damage and theft. In the event that the Customer decides to select the “secure location” option, Virgo Cosmetics cannot in any event be held liable for any damage or theft of the Products and will not guarantee that the courier chosen for delivery will be able to comply with the Customer’s instructions. By accepting the General Conditions, the Customer acknowledges that he/she is fully responsible for any order left in the chosen “safe place”.
    • If the Products are returned to Virgo Cosmetics by the carrier as a result of the inability to deliver them to the recipient indicated in the order, Virgo Cosmetics will refund the price of the Products, subject to retaining the amount corresponding to the costs incurred in arranging the delivery of the Products and the subsequent return. Virgo Cosmetics will make the refund using the same payment instrument used by the Customer, which to say by crediting the amount corresponding to the refund to the same credit or debit card used by the Customer for payment.
    • All risks related to the Products pass to the Customer from the moment of delivery. The Products will be considered delivered to the Customer once they are delivered to the Customer or the Customer’s proxy or at the time they are left in the “safe place” indicated by the Customer in the order.
    • • Virgo Cosmetics shall not be liable for any delays or problems in the delivery of the Products if the same are caused by a third party or are wholly or partially caused by circumstances beyond the control of Virgo Cosmetics or otherwise beyond its control.

• • Responsibilities of Virgo Cosmetics
    • Virgo Cosmetics agrees to execute with ordinary diligence Customer’s orders as accepted by Virgo Cosmetics.
    • Except as expressly set forth in the General Terms and Conditions, Virgo Cosmetics shall not be liable for any damage, loss, direct or indirect, arising out of Customer’s order or Customer’s breach of the General Terms and Conditions. Notwithstanding the foregoing, Virgo Cosmetics’ liability to Customer for any loss or damage shall be limited to the amounts paid or payable for the Products.
    • • Virgo Cosmetics assumes no liability to Customer for any breach of the Terms and Conditions or disruption of the Website due to circumstances beyond its reasonable control, including explosion, flood, storm, fire, accident, pandemic, war or threat of war, sabotage, insurrection civil disturbances or requisitions, acts, restrictions, regulations, ordinances, bans or measures of any kind by any authority, import or export regulations or embargoes, strikes, lockouts or other labor actions or disputes, difficulties in the supply of the Products, labor, fuel, power outages or breakdowns.

1. 1. Customer’s right of withdrawal, return and refund policy
      1. In accordance with applicable law, the Customer has the right to withdraw from the contract within fourteen (14) days from the day on which the Customer or its delegate acquires physical possession of the Products. In the case of multiple Products ordered by the Customer by means of a single order and delivered separately, the time limit for withdrawal shall run from the day on which the Customer or his delegate acquires physical possession of the last Product.
      1. 1. The Customer may exercise his or her right of withdrawal:

1. 1. By filling out the withdrawal form in Annex I, Part B of Leg. 206/2005 and by sending it by email to __ or by registered letter with return receipt to __ (note that this template is uploaded to the Web Site in .pdf. editable format at the following link __);

1. 1. by sending to the email address __ or by registered letter with return receipt to the address __ an explicit statement of their decision to withdraw from the contract.

The Customer will have exercised its right of withdrawal within the period specified in Article 10.1 above. If the relevant notice is sent by the Customer before the expiration of the deadline.

1. 1. From the time of the exercise of the right of withdrawal, the Customer shall return the Products without delay and in any case within fourteen (14) days from the date of the notice of withdrawal; the return shall be made at the Customer’s expense to the address __.
      1. 1. Virgo Cosmetics agrees to reimburse the Customer for payments received within the fourteen (14) day period commencing from the notice of exercise of withdrawal, subject to and without prejudice in all cases to Virgo Cosmetics’ right to withhold the reimbursement until it has received the Products or until the Customer has demonstrated that it has returned the Products, whichever situation occurs first.

The refund in favor of the Customer will be made to the same credit or debit card used by the Customer to purchase the Products.

1. 1. Except as further provided by applicable law, the Customer may not, in any case, exercise the right of withdrawal with respect to sealed Products, which are not suitable to be returned for hygienic or health protection-related reasons, in the event that the same have been opened after delivery (by way of example but not limited to: lipsticks, mascara, etc.).

The Customer is in any case responsible for the diminished value of the Products caused by the Customer’s misuse of the Products.

1. 1. Product warranty and after-sales service
      1. 1. As required by current regulations:

1. 1. Virgo Cosmetics shall be liable to Customer for any defects or faults existing at the time of delivery of the Product and manifesting within two years from that time;

1. 1. the non-conformity (existence of defects or faults) of the Product manifested within one (1) year after delivery shall be presumed to have existed already on the date of delivery, unless Virgo Cosmetics proves otherwise and unless such assumption is otherwise inconsistent with the nature of the good.
      1. In case of non-conformity of the Product, the Customer may avail itself of the remedies provided by the regulations in force and, in particular, request the repair of the Product or its replacement. Virgo Cosmetics may refuse to carry out the repair or replacement of the Products, if such activities are impossible or the related costs that would have to be incurred are disproportionate, also considering all the circumstances of the specific case and those indicated by the applicable legislation. The Customer’s request for repair or replacement must in all cases be received by Virgo Cosmetics by email at __ or by registered letter with return receipt requested at __. Virgo Cosmetics undertakes to acknowledge the Customer’s request within seven (7) days of receipt of the request, representing its willingness to comply with the Customer’s request or communicating the reasons preventing the request from being granted. In the event that Virgo Cosmetics grants the request for repair or replacement of the defective Product, it will proceed to repair or replace the Product within 30 days of granting the Customer’s request.
      1. Pursuant to current regulations, the Customer is still entitled to a proportional price reduction or termination of the sales contract pursuant to Article 135 quater of the Consumer Code (Legislative Decree 206/2005) in the cases provided for in Article 135 bis of the same regulatory text. However, the Customer does not have the right to terminate the contract, if the lack of conformity of the Product is only minor. Customer’s request for a price reduction or termination must in all cases be received by Virgo Cosmetics by email at __ or by registered letter with return receipt requested at __. Virgo Cosmetics agrees to acknowledge the Customer’s request within seven (7) days of receipt of the request, representing its willingness to act on the Customer’s request or communicating the reasons for refusal to grant the request. In case of acceptance of the Customer’s request, Virgo Cosmetics will indicate the proposed price reduction or how to return the Product in case of termination of the contract, resulting in a refund of the price paid by the Customer in the latter case.
      1. Virgo Cosmetics warrants that the Products will comply with the applicable regulations at the time of Customer’s completion of the order, and therefore assumes no responsibility for the compliance of the Products in the event of a change in the applicable regulations at a time after the order is completed.
      1. 1. For any information, inquiries, support or clarification, the Customer may contact Virgo Cosmetics at the following customer service numbers:

1. 1. telephone number: __

1. 1. email: __

Virgo Cosmetics represents as of now to the Customer that it will not provide answers to health-related questions or those involving medical evaluations, thus urging the Customer to direct such inquiries to health care personnel.

1. 1. Use of the Web Site
      1. Customer agrees to use the Web Site only for lawful purposes and in a manner that does not infringe the rights of anyone else or restrict or inhibit the use and enjoyment of the Web Site by other users.
      1. Virgo Cosmetics allows the Customer to download and print content from the Website for their personal use only.
      1. All content on the Web Site, including, but not limited to, all information, data, Products, materials, services, software applications and tools, digital avatars, design elements, text, images, photographs, illustrations, audio and video content, artwork and graphics contained therein or otherwise made available in connection therewith, is the exclusive property of Virgo Cosmetics and shall not be copied or reproduced, used or otherwise dealt with for reasons unrelated to the purchase of the Products. Customer agrees not to modify or redistribute the content of the Website or reproduce, frame, or link it to any other website without the express written permission of Virgo Cosmetics. The Client agrees not to use the content of the Web Site for commercial exploitation. In any case, the Customer is solely responsible for the use of the Web Site.
      1. Virgo Cosmetics reserves the right to suspend access and usability of the Web Site at any time for operational, regulatory, legal, or any other reason. A Customer who fails to comply with the terms of use of the Web Site may be barred from using it.
      1. Virgo Cosmetics agrees to take all precautions to prevent the spread of computer viruses and/or other harmful programs on the Web Site, but in no event assumes any liability on the point.
      1. Whenever the Customer posts content, such as a review of a Product on the Website, the Customer shall comply with the following provisions. The Customer may post or upload to the Website only content that:
      1. do not contravene any applicable laws, violate the rights of others, or support any illegal activity;
      1. are not indecent or obscene, do not contain sexually explicit references, and do not promote violence;
      1. Are not offensive to decency and are not discriminatory;
      1. 1. respect the privacy of others and are not defamatory in nature.

Notwithstanding the foregoing, Customer is solely responsible for the content of any comments it posts on the Web Site and shall indemnify and hold Virgo Cosmetics harmless from any damages, claims, or actions brought against it by others with respect to the content posted by Customer on the Web Site. Virgo Cosmetics may at any time delete any content posted by Clients on the Website and deemed not in compliance with the General Conditions.

1. 1. Customer Registration on the Website
      1. In case the Customer decides to register on the Website as provided in Article 4.3. above, Virgo Cosmetics will provide the Customer with an account, including a user name and password. The Client shall treat such information as confidential, with no possibility of disclosing it to third parties. The Customer will be solely responsible for the confidentiality of his/her account, username and password.
      1. Customer shall notify Virgo Cosmetics immediately of any unauthorized use of its account.
      1. The Customer shall keep the information provided for the purpose of registration on the Website up-to-date, complete, accurate and true at all times, being solely responsible for his or her account, particularly if he or she has allowed or authorized its use by third parties.
      1. 1. In the event that the Customer accesses or uses the Web Site with the account of another person, he or she represents that he or she has been authorized to bind that person to the General Terms and Conditions. Virgo Cosmetics reserves the right to disable any account if it violates the terms of use of the General Terms and Conditions.

1. 1. Intellectual Property Rights
      1. 1. Virgo Cosmetics is the owner of the registered trademark “Virgo Milano” as well as any other content of the Web Site (including but not limited to any unregistered trademarks, images, logos, illustrations, backgrounds) and the total or partial reproduction, modification, tampering or use of the registered trademark and otherwise of any content of the Web Site is prohibited without the prior written permission of Virgo Cosmetics, constituting infringement of Virgo Cosmetics’ intellectual property rights.

1. 1. Privacy
      1. 1. Regarding the processing of personal data of the Customer and possibly the recipient of the order placed, Virgo Cosmetics invites the Customer to consult the privacy policy at the following link __

1. 1. Additional covenants
      1. Virgo Cosmetics may at any time update or modify the General Terms and Conditions, requiring the Customer to read, accept and retain the General Terms and Conditions in effect at the time each order is placed. Virgo Cosmetics agrees to post updated General Terms and Conditions on the Web Site.
      1. Delay by Virgo Cosmetics or Customer in exercising any right or remedy provided by law or by the General Conditions may be construed as a waiver of such right or remedy.
      1. 1. If one or more provisions of the General Terms and Conditions is declared invalid under the law by a court of law, the other provisions of the General Terms and Conditions will nevertheless continue to remain valid and effective.

1. 1. Applicable law – disputes
      1. The contractual relationships between Virgo Cosmetics and the Customer as well as the General Conditions are subject to and governed by Italian law only.
      1. Any dispute regarding the contractual relationship or the General Conditions that may arise between Virgo Cosmetics and the Customer with residence or domicile in the Italian territory shall be devolved to the exclusive cognisance of the Italian judicial authority of the place of residence or domicile of the Customer. In the event of a dispute between Virgo Cosmetics and a Customer with residence or domicile outside the territory of Italy, the jurisdictional authority identified by the rules applicable to the case shall have jurisdiction.
      1. 1. As an alternative to instituting court proceedings, the Client may choose to access one of the out-of-court dispute resolution procedures. In particular, the Client will be able to access the online platform for out-of-court dispute resolution provided by the European Commission and accessible at http://ec.europa.eu/odr.