TERMS AND CONDITIONS

General terms and conditions

Art. 1 - General provisions

1. By navigating in this area, the user accesses Maqua Cosmetics via the url: www.maquacosmetics.com. Browsing and placing a purchase order on the site implies the acceptance of the Terms and Conditions and of the Data Protection Policies adopted by the site as indicated therein.

2. These General Terms and Conditions of Sale apply to the sale of products with exclusive reference to the purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by

Company ALBAGROUP S.R.L.

Registered office: Via Don Romeo Domenichini 89, 55041 - Camaiore (LU)

VAT No.: 02588050464

Registered with the REA, number LU 237436

3. The user is obliged, before accessing the products supplied by the site, to read these General Sales Conditions, which are generally and unequivocally understood to be accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which maquacosmetics.com reserves the right to modify unilaterally and without prior notice.

5. It is possible to use the site and thus access and purchase products provided by the same in the following languages:

Italian and English

Art. 2 - Object

1. These General Terms and Conditions of Sale determine the offer, submission and acceptance of purchase orders for products on Maqua Cosmetics and do not, however, govern the provision of services or the sale of products by parties other than the seller who are present on the same site through links, banners or other hypertext links.

2. Before placing orders and purchasing products and services from parties other than the seller, we suggest that you check their terms and conditions of sale.

Art. 3 - Conclusion of the Contract

1. In order to conclude the purchase contract, it will be necessary to complete the form in electronic format and submit it following the instructions.

2. The form contains a reference to the General Terms and Conditions of Sale, images of each product and their price, the means of payment that can be used, the method of delivery of the purchased products and the related shipping and delivery costs, a reference to the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.

3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale, including the information on the right of withdrawal and the processing of personal data.

4. The contract is concluded when the seller receives the form completed by the user, after checking that the data contained therein is correct.

5. The user shall be obliged to pay the price from the moment the online order is completed. This will be done by clicking on the "COMPLETE ORDER" button at the end of the guided procedure.

6. Once the contract is concluded, the seller takes charge of the order for its execution.

Art. 4 - Registered Users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his or her personal data correctly and truthfully.

2. Confirmation will in any case exonerate ALBAGROUP S.R.L. from any responsibility regarding the data supplied by the user. The user is obliged to promptly inform ALBAGROUP S.R.L. of any variation of their own data communicated at any time.

3. If the user communicates inaccurate or incomplete data or even if there is a dispute by the parties concerned regarding the payments made, Maqua Cosmetics shall have the right not to activate or to suspend the service until the data has been rightly rectified.

4. On the occasion of the user's first request for activation of a profile, Maqua Cosmetics will assign a username and a password to the user. The latter acknowledges that these identifiers constitute the validation system for the user's access to the Services and the only system capable of identifying the user and that the acts performed by means of such access will be attributed to him and will be binding on him.

5. The user undertakes to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.

Article 5 - Availability of products

1. Product availability refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the order is confirmed.

2. Even after the order confirmation email has been sent, partial or total unavailability of the goods may occur. In this eventuality, the order will be rectified automatically by deleting the unavailable product and the user will be informed immediately by email.

3. If the user requests the cancellation of the order, thereby terminating the contract, ALBAGROUP S.R.L. will refund the amount paid within 30 days from the time Maqua Cosmetics has been informed of the purchaser's decision to terminate the contract.

Art. 6 - Products offered

1. Maqua Cosmetics markets:

Skin care products

2. The offer is detailed on our website under the link: https://www.maquacosmetics.com/collections/prodotti.

Art. 7 - Loyalty programme

1. A points collection programme called: Q CLUB shall be established. The programme will be conducted as follows:

1 point for every euro spent

2. The regulations can be found at the following link: https://www.maquacosmetics.com/pages/loyalty-program

Art. 8 - Payment methods and prices

1. The price of the products shall be that indicated from time to time on the site, except where there is an obvious error.

2. In the event of an error, Maqua Cosmetics shall inform the purchaser as soon as possible, enabling the order to be confirmed for the correct amount or canceled. In any event, there shall be no obligation on Maqua Cosmetics to deliver what has been sold at the lower price erroneously indicated.

3. The prices on the site are inclusive of VAT and include shipping costs. Prices may change at any time. Changes do not affect orders for which an order confirmation has already been sent.

4. Once you have selected the products you want, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before payment.

5. Payment can be made by:

Credit / Debit Cards, Quick Checkout (Google Pay, Apple Pay and Shop Pay), PayPal, Maqua E-Gift Card, Bank Transfer and Cash on Delivery

Art. 9 - Delivery

1. Maqua Cosmetics ships throughout Italy, excluding the Vatican City State and the Republic of San Marino.

2. Maqua Cosmetics shall only deliver to the user's home, provided at the time of purchase.

3. Delivery shall generally be made within 1-4 days or, if no delivery date is specified, within the estimated delivery time at the time of selection of the delivery method and, in any event, within a maximum of thirty days from the date of confirmation.

4. If delivery is not possible, the order shall be sent to the warehouse. In that event, a notice will specify the location of the order and the means by which a new delivery can be arranged.

5. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.

6. If delivery cannot take place for reasons beyond our control after thirty days from the date on which the order is available for delivery, we will assume that you are terminating the contract.

7. As a consequence of the termination the amounts will be refunded, including the costs of delivery with the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within thirty days from the date of termination of the contract. Transport resulting from the termination of the contract may have additional costs that shall be borne by the purchaser.

8. Shipping costs are borne by the purchaser and are clearly highlighted when placing the order.

Art. 10 - Passing of risk

1. Risks relating to the products shall pass to the purchaser from the moment of delivery. Ownership of the products is deemed to have been acquired upon receipt of full payment of all amounts due in respect of them, including shipping costs, or at the time of delivery if this occurs at a later date.

Art. 11 - Warranty and commercial conformity

1. The seller is liable for any defect in the products offered on the site, including non-conformity of the items to the products ordered, in accordance with the provisions of the Italian law.

2. If the purchaser has entered into the contract as a consumer, i.e. any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out, this guarantee is valid provided that the defect becomes apparent within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of two months from the date on which the defect was identified by the purchaser; that the online return form is filled in correctly.

3. In the event of non-conformity, the purchaser who has concluded the contract as a consumer shall be entitled to have the products restored to conformity free of charge, either by repair or replacement, or to obtain an appropriate price reduction or termination of the contract in respect of the disputed goods and the consequent refund of the price.

4. All return costs for defective products will be borne by the seller.

Art. 12 - Withdrawal

1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 days pursuant to Art. 57 of Legislative Decree 206/2005, starting from the date of receipt of the products.

2. In the case of multiple purchases made by the purchaser with a single order and delivered separately, the 30-day period shall run from the date of receipt of the last product.

3. Any user wishing to exercise the right to cancel the purchase may send an email, indicating the order number and name of the user, to:

info@maquacosmetics.com

4. The purchaser shall also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract or, alternatively, by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.

5. The goods shall be returned to:

ALBAGROUP S.R.L.

Strada Provinciale SP1, 222

55041 Camaiore (LU) Italy

6. The goods shall be returned undamaged, in their original packaging, complete in all their parts and with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days and any shipping costs will be incurred by the user.

7. The costs incurred in returning the goods shall be borne by the user.

8. As established in Article 56(3) of the Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the purchaser proves that he has returned the goods.

9. The right of withdrawal shall not apply in the event that the services and products of Maqua Cosmetics are included in the categories of art. 59 of Legislative Decree 206/2005.

10. The site will make the refund using the same means of payment chosen by the purchaser at the time of purchase. In the case of payment by bank transfer, and if the user intends to exercise his or her right of withdrawal, he or she shall provide the bank details: IBAN, SWIFT and BIC are necessary in order for the refund to be made.

Art. 13 - Data processing

1. The purchaser's data shall be processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to Art. 13 EU Regulation 2016/679 (Privacy Policy).

Art. 14 - Safeguard Clause

1. Should one of the clauses of these General Terms and Conditions of Sale be null and void for any reason whatsoever, this shall in no way affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.

Article 15 - Contacts

1. Any request for information may be sent by email to info@maquacosmetics.com.

Art. 16 - Applicable law and jurisdiction

1. These General Terms and Conditions of Sale are governed by and construed in accordance with the Italian law, without prejudice to any other overriding mandatory rule of the Purchaser's country of habitual residence. Accordingly, the interpretation, execution and termination of the General Terms and Conditions of Sale shall be subject exclusively to the Italian law.

2. Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian courts. In particular, if the user has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the Consumer in accordance with the applicable law.

These conditions were drawn up on 01/05/2022.