Italian

1. Purpose

1.1. These General Terms of Sale (hereinafter, the General Terms) pertain to the remote purchase of products, via the Internet, from the website www.wakeup-cosmetics.com. (hereinafter, the Website).1.2. The owner of the Website is WAKE UP S.r.l. with registered office at Piazza IV Novembre, 4 Milano (MI), 20124, Italia, VAT Reg. no. 09178910965, Trade Registry No: MI 2074283, Email: Contact form, Phone Number.+39 3403846904_ (hereinafter, “WAKEUP”).

2. Acceptance of the General Terms of Sale

2.1. All purchases of products carried out through the Website (hereinafter, the Purchase Agreements) by users who access the Website (hereinafter, the Clients) are governed by these General Terms, by the Italian Consumer Code (Italian Legislative Decree no. 206/2005, Sections 49- 67), the Italian regulations on electronic commerce (Italian Legislative Decree 70/2003) and the European Union Consumer and E-commerce legislation.

2.2. By completing the Purchase Agreement, pursuant to the procedure, the Client agrees and undertakes to comply with these General Terms.

2.3. Prior to carrying out any purchase transaction, the Client is therefore required to carefully read these General Terms of Sale made available by WAKEUP also for the purpose of allowing them to be saved or printed in compliance with the provisions of article 12, paragraph 3 of Italian Legislative Decree/2003.

2.4. WAKEUP may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase order is sent by a Client will apply to each individual Purchase Agreement.

3. Products

3.1. www.wakeup-cosmetics.com (hereinafter, the “Website”) is a website that sells cosmetics, body care products, make up and, related accessories exclusively under the WAKEUP brand (hereinafter, the “Products”).

3.2. All the Products on sale are illustrated in detail on the Website's homepage, in their respective sections, which are classified by Product category.

3.3. The visual display of Products on the Site, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any absolute guarantee or commitment by WAKEUP regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or the packages.

3.4. In case of a difference between the image and the written product specifications, the latter will always prevail.

4. Purchasing procedure

4.1. The Client may purchase the Products, which are set out in detail on the Website in the corresponding product category sections,  together with the relevant product specifications, in WAKEUP’s  e-Catalogue., Purchase may take place by following the technical access procedures explained herein below.

4.2. In order to purchase the Products, the Client will have to register on the Website by entering their personal information, according to the instructions of the registration program, as well as to fill in and send to WAKEUP the order form in electronic format available on the Website, following the instructions provided on said form. The purchase orders must be duly filled in in all their parts. In case the Client does not wish to register on the Website, it will be able to make the purchase in any event; however, in that case the Client will not be able to check the order status or take advantage of discounts and promotions.

4.3. The Client will have to add the selected Products to the “Shopping Cart” and, after choosing the courier, ascertaining and accepting the amount of the delivery charges, will be able to proceed with the purchase.

4.4, Should the Client need to change the purchase order or certain data contained in it, it will have to follow the procedure explained here below. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart, correct entered data.

Should the customer wish to change their number of products selected, this can be done easily by using ‘+’ to add products and ‘-‘ to reduce the number of products. The customer is able to edit personal information such as delivery address or name any time during the check-out process by clicking on the settings button next to ‘Ship To’. Should a customer wish to edit the order after it has already been, the customer should email through the contact form.

4.5. Once this operation is finished, the Client will see a screen setting out a summary of the purchase order, inclusive of the shipping charges, and will be asked to confirm once again the purchase procedure.

4.6. After viewing the order summary, the Client will have to select the type of payment preferred, (credit card, Braintree or PayPal), and then send the order by clicking on the special button. Please refer to the respective credit card issuing Banks, Braintree and PayPal in order to review their policies before accepting those Terms of Sale.

5. Contract conclusion

5.1 The publication of Products on the Site constitutes an invitation to the Client to formulate a contractual purchase offer. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms and the aforementioned means of payment websites’ General Terms.

5.2. Each Purchase Agreement stipulated between WAKEUP and the Client shall be completed when the Client receives the acceptance of the order by WAKEUP at the e-mail address he/she provided to the latter. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with WAKEUP. The message will reiterate, in addition to the information required by law, all data entered by the Client, who agrees to verify its accuracy and immediately give notice of any amendments. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client's exclusive responsibility.

5.3. The Clients may view and download all their Purchase Agreements on the Website in their reserved area, or by contacting the WAKEUP Customer Service, immediately after sending the orders. The abovementioned documents will be available for a 12-month period following the delivery date of the Products.

5.4. Occasionally, some Products offered may not be temporarily available and, in that case, if the products selected by the Client are not available, either in full or in part, the order will be sent with the available products after having notified the Client about the unavailable products and upon the Client’s approval. In case the Client does not approve, he/she can choose to be reimbursed or delivered with missing product as soon as they become available.

5.5. WAKEUP shall be free to accept or refuse, the order sent by Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order.

5.6. More specifically, WAKEUP reserves itself the right not to accept purchase offers and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.

5.7 The languages available for the conclusion of contract shall be English and Italian.

6. Product Pricing

6.1. All Product prices are clearly indicated on the Site and include VAT. Shipping expenses are adequately displayed at the time of the order. The cost for each shipment may vary, depending on the shipping as well as the final destination and total order amount.

7. Invoicing and Payment terms

7.1. WAKEUP shall issue an invoice for the purchased Products at the time said Products are turned over to the courier for shipping, sending it to the Client by e-mail. Please note that we use the following courier services: UPS and their General Terms and Policies apply. When issuing the invoice, WAKEUP relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.

7.2. Payments with Credit Card, Braintree or PayPal exclusively require an authorization, therefore the relevant sum will be blocked with no actual charge at the time the Customer enters the orders. Payment is actually charged to the Customer only the moment the Products are turned over to the courier in charge of the shipment.  This guarantees that the credit cards, Braintree or PayPal are charged only upon actual shipment of the items and, in the case of partially completed orders, only for the amount corresponding to the products that have actually been shipped.

7.3. The purchased Products may be paid by means of credit card, Braintree and PayPal, according to the methods specified here below:

Payment by credit card

The following credit cards are accepted: Visa, MasterCard, American Express.

All information is transferred encrypted through an SSL (Secure Socket Layer) certificate and therefore cannot be intercepted by outside parties.

Furthermore, the data is entered directly on the Banca Sella website, thereby guaranteeing maximum security.

Braintree

Braintree is a quick and secure payment system.
Once the order is completed and Braintree is selected as the payment method, the buyer will be redirected to the Braintree website, where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through Braintree without having to re-enter the information for future purchases.
By choosing to pay through Braintree, the amount is debited directly on the indicated credit card (Visa, Mastercard, American Express). Braintree safeguards the buyer's information so that no financial information is disclosed.
Braintree will send a confirming e-mail for each transaction carried out using this method.

PayPal

PayPal, an eBay group company, is a quick and secure payment system.
Once the order is completed and PayPal is selected as the payment method, the buyer will be redirected to the PayPal website, where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through PayPal without having to re-enter the information for future purchases.
By choosing to pay through PayPal, the amount is debited directly on the indicated credit card (Visa, Mastercard, American Express). PayPal safeguards the buyer's information so that no financial information is disclosed.
PayPal will send a confirming e-mail for each transaction carried out using this method.

8. Shipping Methods and Charges

8.1. WAKEUP agrees to deliver the Products without undue delay and in any event within 30 days from the completion of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the purchase order is placed are approximate.

8.2. WAKEUP ships to EU countries, and delivery is made without an appointment.

8.3. The ordered Products will be sent to the mailing address specified by the Client. Once WAKEUP has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.

8.4. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier chosen by the Client. Delivery is deemed to have been completed when the Products are made available to the Client at the address specified on the order form. In the event that a delivery cannot be made due to the recipient’s absence at the specified address, the courier will send an e-mail and reattempt delivery according to the terms and conditions set forth by the courier. If delivery cannot be completed the following day either, again due to the recipient's absence, Customer Service will attempt to contact the Client in order to schedule a new delivery date. In the event that Customer Service is not able to contact the Client over the next 10 days and if delivery continues to be impossible due to the recipient's absence, the Products listed in the order will be returned to WAKEUP. Once 30 (thirty) days have elapsed from the date the Products listed in the order were returned to WAKEUP because it was not possible to complete the delivery, the contract will be terminated and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. WAKEUP will then proceed to refund the amount paid by the Client, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery; further information on such costs may be found at www.wakeup-cosmetics.com/delivery-information-and-costs/ .

8.5. At the time of delivery of the Products by the courier hired by WAKEUP, the Client is required to carefully check
a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered.
b) The number of delivered pieces matches the amount indicated in the shipping document.

8.6. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting WAKEUP Customer Service, indicating the order for which these problems occurred.

8.7. Cases of force majeure, unavailability of means of transportation, and unforeseen or unavoidable events that result in a delay in deliveries or make deliveries difficult or impossible, will give WAKEUP the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, WAKEUP must immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of any sums already paid, excluding any other claims against WAKEUP, for any reason. 

9. Right to Withdraw and its effects

9.1. The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”).

9.2 The withdrawal period expires: (i) 14 days after the Client or a third party – excluding the courier and the person indicated by it- enter in possession of the Products or (ii) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party – excluding the courier and the person indicated by it – enter in possession of the last ordered Products.

9.3 To enforce the right of withdrawal, the Client must inform WAKEUP (Piazza IV Novembre, 4 Milano (MI), 20124, Italia,) of its decision to terminate the Purchase Agreement through an express declaration (eg. Letter sent by post, fax, or e-mail) also by sending the “Standard Withdrawal Form” provided under Annex 1, part B to the D.Lgs. 206/2005 that you can find at www.wakeup-cosmetics.com/privacy-policy-cookie-restriction-mode/.

9.4 In order to comply with the withdrawal period, the Client shall send the notice of withdrawal before the expiration of the withdrawal period.

9.5 If the Client terminates the Purchase Agreement, all the payments made in favour of WAKEUP will be refunded, including costs of delivery (except for the additional costs arising from the choice of a type of delivery different from the less expensive method available, i.e. “standard method”), without undue delay and in any case not later than 14 days from the day WAKEUP is informed of the decision to exercise the right to withdrawal. Such refund will be made using the same method of payment used by the Client for the purchase of the Products, unless it is expressly agreed otherwise. In any event, the Client will not bear any cost, except for what written in paragraph 9.6 below. The reimbursement may be suspended until receipt of the goods or until the Client proves having sent back the goods, if earlier.

9.6 The Client must send back the Products or deliver to WAKEUP Piazza IV Novembre, 4 Milano (MI), 20124, Italia, without undue delay and in any event within 14 days from the day of the enforcement of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs will be paid by the Client. The Client is responsible only for the diminished value of the Products resulting from any handling  which is not necessary to establish the nature, features and functioning of the Products.

9.7. In any event, the Client cannot enforce the right to withdrawal in the case of sealed goods which are not returnable for reasons of hygiene or related to health protection and that have been unsealed after delivery.

10. Product non-compliance and defective products

10.1. Products offered on the Website comply with Italian and EU legislation currently in force. The images and colours of the Products published on the Website may differ from their actual images and colours due to the display settings of the local computer systems and/or devices used to display them.

10.2. In the event that the purchased Products do not match the description published on the Website or in case of a defective or broken Product, the Client is entitled to enforce, at its discretion, its rights provided under Section 130 of the Italian Consumer Code (Legislative Decree no. 206/2005), by sending an email to WAKEUP Customer Care at the contact form with the notice about the goods’ lack of conformity.

10.3 A communication from the WAKEUP staff will follow with next steps, remembering also, among other remedies provided under Section 130 of the Italian Consumer Code, the refund method, at the Client’s discretion10.4 In any event, these General Terms of sale shall apply without prejudice to the provisions on Product liability and guarantee set forth by the Italian Consumer Code (articles 102-135).

11. Processing of Personal Data

WAKEUP processes Client-related information in accordance with the provisions of existing laws on the subject of personal data protection, as specified in the notice in the specific section entitled "Privacy Notice"

12. Communications and claims

All communications or claims from Clients to WAKEUP pertaining to Purchase Agreements must be communicated using the specific contact forms found in the Reserved Area.

The Clients could address any possible complaint also to:

WAKE UP S.r.l.

Piazza IV Novembre, 4 Milano (MI), 20124, Italia,

e-commerce{@}wakeup-cosmetics.it; 

13. Intellectual Property Rights

All trademarks (registered or not) as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights reproduced on the Site will remain the exclusive property of WAKEUP and/or its assignors, and accessing the Website and /or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without WAKEUP’s prior written authorization, which exclusively reserves itself all relevant rights.

14. Applicable law and Place of jurisdiction

14.1 These General Terms as well as any other contract entered into with the Client are governed by Italian law, without prejudice to EC regulations and of international treaties, where applicable, as well as national consumer protection regulations.

14.2 Any dispute arising from or relating to the interpretation, enforcement, validity or efficacy of these General Terms and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the Italian Courts competent for the place where the Client has his/her residence or domicile.

15. Under Sections 1341 and 1342 of the Italian Civil Code and under Sections 33 et seq. of the D.lgs. 206/2005 (the “Italian Consumer Law”), I hereby confirm that I have read, fully understood and explicitly agree with the above General Terms of Sale.