Exclusion of the right of withdrawal

Terms of use of the site

A. Accessing the site

A.1 The Site is an e-commerce site that allows the sale of creams, perfumes, cosmetic products and beauty accessories to users browsing the Site. You must be of legal age to access the Site. If the user is not of legal age, parental permission or parental responsibility is required.

A.2 The User can freely browse the Site without having to register or create an account. However, access to certain sections of the Site, as well as the purchase of the products contained therein and governed by the following General Terms and Conditions of Sale, may require registration and the use of passwords. In this case, it will be the User’s responsibility to guard and keep confidential the password, which can always be changed. In any case, the number of attempts to access certain sections of the Site may be limited in order to prevent fraudulent use of the password. In case of violation of even one of the rules established in these Terms, the Company reserves the right to suspend access to the Site.

A.3 Any costs necessary to access and use the Internet will be borne by the user

A.4 For any information regarding access to the site and its use, the user can contact the Company at the e-mail address support@glowalmilano.com.

B. Obligations for all users and guarantees given by users - Code of Conduct

B.1 By accepting these terms and conditions, you represent that you are of legal age and have the power, authority, and legal requirements to enter into this agreement; should you register an account on behalf of a corporation or other legal entity, you represent that you have the authority to legally bind that entity.

B.2 The user also agrees to:

• provide his first and last name, e-mail and, in general, his real identity necessary for the creation of his account in addition to the data necessary for the purpose of billing the amounts paid;
• Provide accurate, up-to-date, and complete information and ensure that one’s information is always correct and up-to-date;
• do not use false identities;
• do not publish misleading or deceptive content (either directly or by omission or failure to update information);
• do not create an account on behalf of another person without that person’s permission;
• do not create more than one account for each individual or legal entity they represent;
• do not create another account without permission if the original account is disabled by the Company;
• do not provide or publish or otherwise communicate false data or information about one’s identity to third parties;
• do not allow third parties to use your account;
• do not use the Services in connection with the distribution of unsolicited commercial messages ("spam");
• do not engage in illegal multi-level marketing actions, such as pyramid schemes;
• not copy, store or otherwise access or use any information, including personally identifiable information about any other user, in a way that violates the privacy rights of users or third parties;
• not collect content or personal data on the app and/or from other users, or otherwise access the Services using automated tools (such as collection bots, robots, spiders or scrapers) without prior permission from the Company;
• do not try to obtain login information or access other users’ accounts;
• not insinuate or claim to be affiliated with or referred by the Company without the Company’s express consent; not use the Services in a manner that would otherwise mislead third parties about a user’s affiliation with the Company;
• do not denigrate, intimidate or annoy other users;
• not publish or share content that is not inherent to the services provided and in any case content that is threatening, pornographic, with incitement to hatred or violence or with images of nudity or explicit or gratuitous violence;
• do not use the Services for illegal, deceptive, malicious, or discriminatory purposes;
• access the Services only through the interfaces expressly provided by the Company;
• do not remove, cover, or obscure advertising on the Services;
• do not upload viruses or other malicious code;
• not take any action that would prevent, overburden, or impair the proper functioning or appearance of the Services, such as by carrying out a DDoS attack or other disruptive action that interferes with page rendering or other functions of the Services;
• not share your password or allow other people to access your account or perform any other action that could jeopardize the security of your account;
• not use the Services for purposes not expressly permitted by these Terms;
• not to encourage or foster non-compliance with these Terms.

B.3 In addition, you expressly agree and recognize that:

• to assist users who speak different languages, user-created content may be translated, in whole or in part, into other languages; the Company does not guarantee the accuracy or quality of such translations, and users are responsible for reviewing and verifying the accuracy of such translations;
• the Services may contain links or shortcuts to third-party websites or services; such third-party services may be subject to different terms and conditions and different data protection disclosures; the Company is not responsible for the availability or accuracy of such third-party services or the content, products, or services available through them; links to such third-party services do not constitute an endorsement of them by the Company;
• due to the nature of the Internet, the Company cannot guarantee continuous and uninterrupted availability and accessibility of the Services; the Company may also limit the availability of the Services or certain sections or features of the Services when necessary in view of capacity constraints, server security or integrity, or to perform maintenance work to ensure the proper or improved operation of the Services;
• the Company may condition access to and use of the Services or certain areas or features of the Services on certain requirements or conditions, including, for example, completion of a user identity verification process or satisfaction of specific quality or eligibility criteria by the user;
• the Company has no obligation to monitor any user’s access to or use of the Services or to review, restrict access to or modify any user content, but has the right to do so for the purpose of (i) managing, securing and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation and customer service purposes) (ii) to ensure users’ compliance with these Terms; (iii) to comply with applicable laws or an order or requirement of a court, administrative agency or other governmental body; (iv) to take action against user content that it deems to be harmful or inappropriate; or (v) as otherwise provided in these Terms. Users agree to cooperate and assist the Company in good faith and to provide the Company with all information requested and take such actions as may be reasonably requested by the Company in connection with any investigation undertaken by the Company or its representative regarding use or misuse of the Services;
• if you select a user name or similar identifier for your account, the Company reserves the right to remove or reclaim it if it deems it appropriate (e.g., in case of identity theft);
• the Company reserves the right to restrict your use of the Services if you fail to comply with even one of the provisions set forth in these Terms and, in any event, if the content posted by you is in any way harmful or inappropriate in the sole judgment of the Company.

C. Ownership and visibility of user content and securing the rights of third parties

C.1 The Company may make available through the Site a space dedicated to user content, e.g., text, photos, videos, opinions, etc. for the purpose of reviewing products purchased on the Site (hereinafter the "User Content").

C.2 In the event that the user publishes and/or shares content and/or information on the platform, the user is responsible for all content, information and data that he or she may publish or share through the Services. In particular, the user is responsible for any new data or information he or she enters, for any changes to pre-existing data, and/or in general for any operation of creating, uploading, publishing, posting, archiving, and/or making any content available through the Services in any case. It is prohibited to publish or perform actions through the Services that do not respect the rights of third parties or applicable laws. In particular, if a user collects personal data from third parties (natural and/or legal persons), he or she must obtain their authorization, specifying that he or she is responsible for the collection of such data, and he or she must also publish his or her own data processing policy explaining what data he or she collects and how he or she uses it.

C.3 By submitting User Content through the Site, you grant the Company a royalty-free, irrevocable, non-exclusive, worldwide license for the term equal to the legal protection of intellectual property rights as defined by domestic and foreign laws and international treaties (including any subsequent amendments or supplements thereto) for the purpose of reproducing, displaying, using, copying, modifying, adapting edit, distribute, translate, create derivative works or incorporate into other works the aforementioned User Content (in whole or in part), as well as the information and data related to the user’s profile/account (hereinafter "IP content"), guaranteeing that the same is not in any way protected by third party intellectual property rights and releasing the Company from any liability to third parties in this regard.

C.4 When the user uses a third-party application connected with the Services, it may require permission to access content, information, and data that the user owns or shares, as well as content and information shared by other people. The agreement accepted by the user when the application is added governs how the application may use, store, and transfer such content, information, and data.

C.5 on the other hand, the user is not granted any rights or licenses, implicitly or otherwise, to any intellectual property rights owned, controlled or licensed by the Company: the user is absolutely prohibited from using, copying, distributing, publishing, streaming, broadcasting and processing, whether for free or for compensation, in any way and on any medium and platform, the data, images, videos and in general all the content present without the authorization of the company.

D. Suspension, revocation and limitations

D.1 If the user’s actions (i) do not comply in form or substance with these Terms, the rights of third parties or applicable law, (ii) create legal risks for the Company or (iii) cause the Company to believe that it is reasonably necessary to protect the personal safety or property of the Company itself, users or third parties, the Company has the right to immediately and without notice discontinue providing part or all of the Services with respect to such user.

D.2 If the above scenarios occur, the Company may decide to (a) restrict your access to or use of the Services; (b) temporarily or permanently revoke any special status associated with your account; and/or (c) temporarily suspend or, in the case of serious or repeated violations, permanently delete your account.

D.3 Upon termination of this contract or its termination for any other reason, you are not entitled to a restoration of your account or its contents.

D.4 If your access to or use of the Services has been restricted, your account has been suspended, you will not be allowed to register a new account or access and use the Services through another user’s account.

General terms and conditions of sale

1. Subject matter of the contract and scope of application

1.1 This Agreement expressly regulates the retail sale by the Company, through the websites https://www. glowalmilano.it and/or https://www.glowalmilano.com, of customized full-beauty taylor made Made-in-Italy beauty products of the GLOWAL MILANO brand owned by the Company, by way of example but not limited to such as creams, make-up products, detergents, creams anti aging, anti aging serum, moisturizer, anti redness cream, depigmenting cream, eye contour, scrub, cleanser, make up remover, acne skin cream, mask, enlarged pores cream etc. (hereinafter also the "Products") on the basis of the user’s indications and some data relating to him from the image of some skin swabs (hereinafter also "Test") made available to the User and by a questionnaire filled in by the same. All products manufactured and marketed by the Company are therefore customized products pursuant to art. 59, lett. C and 45 of the Consumer Code, while standard products are not manufactured and marketed: each product supplied by the Company is a specific and unique product, tailor-made for the User.

1.2 These general terms and conditions of sale (hereinafter "CGV") therefore apply to all purchases of Products present in the electronic catalog at the time of placing the order and viewable online by the User following the upload of their personal information, Products that are created expressly for the customer based on the information received by the Company. In this regard, it is expressly accepted that the images accompanying the descriptive sheet of a product are for illustrative purposes only to allow the best perception of the various colors. The images of the Products may not exactly match the product itself, but differ in color and size, including in the accessories in the picture, also given that each product created is unique and customized for the customer.

1.3 INCOS reserves the right to change these General Conditions of Sale at any time. In any event, the General Terms and Conditions of Sale applicable to an Order shall always be those accepted by the Buyer at the time the Order is placed. Any amendments and/or additions will be effective from the date of their publication on the Site.

1.4 The User who accesses the Site to make purchases must be the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, if any; the User is required, before sending the order, to read carefully these GTC that have been made available to him on the Site and that will be available at all times by the User also through the link contained in the e-mail confirmation of each order to allow him to reproduce and store them.

2. Registration, testing and data

2.1 In order to be able to purchase the Products on the Site-without, however, this procedure implying an obligation to purchase on the part of the registrant-each User must register on the Company’s site by choosing a username and password and providing the following personal data: e-mail address.

2.2 When purchasing Tests and/or products and when placing an order, the following will also be requested: first name, last name, residential address; telephone number; shipping address if different from residence, social security number.

2.3 For the creation of the tailored GLOWAL MILANO product, the User must also provide the following personal data, which can be entered via a questionnaire in the appropriate web screen on the Site: age group, frequency of use of make-up, creams and cosmetics in general, main characteristics of the skin, texture preferences, effect and consistency of the creams and products usually used. In this regard, the User expressly allows the Company to process such data communicated, giving free and informed consent according to the Site’s Privacy Policy, available at following link and made available of the User both during registration and when purchasing services.

2.4 Again for the purpose of creating the customized GLOWAL MILANO product and the consequent purchase of customized products on the Company’s Website, following registration and the User’s request, the same will be provided with Tests to be applied to the skin; the User must subsequently photograph the result of the Tests and consequently send these results to the Company by uploading the photograph to the appropriate web page indicated on the Tests via QR code. Also with regard to this information communicated, the User expressly consents to the Company processing of such data and photographs sent, giving free and informed consent according to the Site’s Privacy Policy, available at the following link and made available to the User both during registration and when purchasing services.

2.5 Once you have registered and communicated the required information through questionnaire and through photographs of Test results, you will be able to view all types of customized products available for your characteristics and will be free to purchase or not purchase one or more products, as provided in the following article.

2.6 The data provided to the Company will be memorized upon registration or at the time of purchase of the personalization service; the processing of the aforementioned data is subject to the legislation on privacy, pursuant to and for the purposes of Legislative Decree No. 196/2003 and EU Reg. no. 679/2016 (so-called GDPR); the User can modify these data at any time by accessing his profile on the home page. In particular, the Company collects and processes the personal data of the Purchaser and, where appropriate, those of the recipient of the Order in order to provide its products and services in compliance with these General Conditions of Sale. For information concerning the processing of personal data of the Purchaser and possibly of the recipient of the Order by the Company, please consult the Privacy Policy of the Site, available at the following link and made available to the User both during registration and during the purchase, who can decide which types of treatment to consent to, in accordance with the applicable legislation (Legislative Decree No. 196/2003 and EU Reg. No. 679 /2016 c.d. GDPR, as well as subsequent implementing laws).

2.7 The Company works to protect its customers’ personal information by providing a high level of security, but the Buyer also has a role in protecting his or her personal information. In particular, the Buyer must maintain the security of its online transactions, for example, by refraining from communicating its username (Buyer’s e-mail address) and/or password to others and changing said password regularly.

2.8 The use of the Buyer’s username and/or registration/access password shall constitute proof of the identity of the Buyer for the purpose of exercising the Company’s right, upon confirmation of the Order by the Company, to claim the relevant amounts. The Company’s computer records will constitute evidence of communications, Orders and payments between the Parties. The Company and/or its business partners, if any, shall in no way be responsible for the misuse and/or disclosure to third parties of Buyer’s registration/access information.

2.9 The provision of the credit card number or other suitable payment method and the confirmation of the Order by the User and the subsequent final validation of the Order by the Company shall constitute proof of the acceptance of the Order and make the sums indicated for the purchase of the products indicated in the Order payable, as better specified in the following article. Computer records, kept in the Company’s and the Company’s partners’ computer systems, shall be considered proof of the communications, Orders and payments occurred between the Parties.

3. Registration, testing and data

3.1 The User, by placing an order according to the modalities present on the Site and better specified below, declares that he/she has read all the indications provided during the purchase procedure, that he/she has understood them and that he/she accepts in full the GTCV contained herein. These GTC are an integral part of the sales contract concluded between the User and the Company. Each Order submitted by the Buyer implies acceptance of the GTC, the terms of use of the site and the privacy policy, and constitutes an offer to purchase the Company’s products.

3.2 The contract of sale between the Company and the User shall be deemed concluded with the acceptance of the order by the Company. Acceptance will be sent by the Company to the e-mail address provided by the User when registering on the Site. This confirmation message will contain the Date and Time of execution of the order and an ’Order Number’, to be used in any further communication with the Company’s staff. The message will repeat all the data entered by the User, who undertakes to verify their correctness and to promptly communicate any corrections, in the manner described in this document.

3.3 Orders are subject to acceptance by the Company, which reserves the right, in its sole discretion, to reject the Order, including cases where:

• (i) orders cannot be fulfilled due to an error in the information provided by the Buyer when placing the Order (e.g: an incorrect payment card number, expiration date, or the security code number of the card used for payment); incorrect billing address (e.g., if the billing address provided does not match the information held by the bank or payment card company); insufficient or incorrect shipping address (e.g., incorrect address, city, country, or zip code); or if misleading information is provided by the Buyer;
• (ii) an error has occurred on the Website regarding the products ordered, such as an error regarding the price or description of the products as shown on the Website;
• (iii) products ordered (all to be created following the order placed as they are always customized to the user’s characteristics) require raw materials and/or semi-finished products that are not available at the time of the order or in the following days.

3.4 The Company also reserves the right to suspend or cancel the fulfillment of an Order and/or delivery, regardless of the nature and progress of the fulfillment, in the event of non-payment or partial payment of any amount owed by the Buyer, in the event of problems with payment, or in the event of fraud or attempted fraud relating to the use of the Company’s Internet Site, including with respect to previous Orders.

3.5 The Company shall be entitled to collect the full price of the Order when the Order is submitted by the User.

3.6 Since the availability of the raw materials and semi-finished products necessary for the creation of the customized product in some rare cases may not be guaranteed with certainty at the time of order confirmation by the Company (due to dependence on external suppliers for such raw materials and semi-finished products), despite the Order confirmation it may not be possible to create the customized product within the stipulated time. In such a case, the Company, immediately notifying the customer within 5 days of the order confirmation, may cancel the order and will proceed to refund the User in accordance with the provisions of Article 5.

3.7 In accordance with Legislative Decree No. 70 of April 9, 2003 laying down provisions on electronic commerce, to place an order:

• the User must initially, once registered with the Site, enter their credentials to log in;
• since these are customized and tailor-made products based on the characteristics of the User, the User must necessarily (in order to purchase the customized products) have delivered to the Company the information derived from the questionnaire and pictures of the Test results, as previously stated in Sections 2.3, 2.4 et seq.
• indicated such information, the User will be able to choose from the customized products he wants and insert a Product in the cart by clicking on the "Add" button near the Product itself; Inserting a Product in the cart does not imply a commitment to complete the purchase of the same. The User, as long as it has not completed the procedure for the purchase of Products, may: i) change the quantity and/or delete Products already placed in the cart; ii) add other Products to the cart;
• upon completion of the selection of the Products placed in the shopping cart, the User must click on the "Check Out" button to proceed with the purchase
• the User will be able to choose the shipping method and must accept these GTC without reservation;
• User may then proceed to pay for the Products in the manner set forth in Article 6;
• at the conclusion of the order, the Site will automatically assign a unique number that will be shown in the purchase summary e-mail sent to the User; after the Order has been placed, the Buyer will not be able to change and/or cancel it;
• the Company, upon verification of payment will send the User an order confirmation that will contain the following information:
  • (i) number and date of the order;
  • (ii) detail of Product(s), quantity, price
  • (iii) type of payment chosen
  • (iv) cost of delivery;
  • (v) total order amount;

3.8 The Company recommends that the Buyer retain any e-mails received in paper or electronic form. The Buyer is informed that these e-mails will be sent to the e-mail address entered by the Buyer upon Account creation and/or subsequent registration. The Company shall not be liable in the event that an invalid e-mail address is entered and/or the Order Confirmation E-mail is not received for reasons not directly attributable to the Company. In this case, the sale will be considered as final.

3.9 Within the "my account" section found in the User’s private area on the Site, it will be possible to view your account information, monitor the status of your order, any return requests and make delivery requests to multiple addresses. The order will be stored in the Company’s database for as long as necessary for its execution and, in any case, within the terms of the law.

4. Product features

4.1 The Buyer can select one or more customized products from the different categories available on the Website after completing the process of uploading information via Questionnaire and Test.

4.2 The Company may change at any time the assortment of products offered for sale on its Internet Site, and/or information relating thereto such as price, description or availability of products, without prior notice. The Company will not make any changes to the price, availability or description of any product subsequent to the Company’s acceptance of the Order submitted by the Buyer.

4.3 Before sending the Order, the Buyer shall necessarily read on the Company’s Website all of these Terms of Use and General Terms and Conditions of Sale, as well as all the information therein referred to in Article 49 of Legislative Decree September 6, 2005, No. 206 ("Consumer Code") such as, but not limited to, information regarding the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he/she wishes to purchase and together with all other mandatory information required by Italian law.

4.4 All products of the Company are created in accordance with the applicable legislation in Italy in force at the time of the Order. In particular, all products with the GLOWAL MILANO brand owned by the Company and in general all products on the Site are produced in accordance with Regulation (EC) No. 1223/2009 as amended, following Good Manufacturing Practices for Cosmetic Products (GMP). Even in the case of partial processing and/or semi-processing carried out by the Company’s collaborators and/or suppliers, such semi-processed products are guaranteed by the suppliers as complying with the aforementioned regulations and, therefore, the resulting finished products put on the market by the Company are also created by the Company in accordance with Regulation (EC) No. 1223/2009, as amended, following Good Manufacturing Practices for Cosmetic Products (GMP). All ingredients contained in creams, cosmetics and products in general are in any case explicitly and in detail listed on the packaging of the products as well as indicated when purchasing them.

4.5 All of the various cosmetic P.I.F.’s (Product Information File, i.e., information documentation on the cosmetic product placed on the market) of the customized products created are catalogued and stored by the Company and remain available to it at its operational headquarters located in Palazzolo sull’Oglio (BS), Via Attiraglio n.100, Tel.: 030 6091155.

4.6 For any issues concerning the products and their use, for any further questions or requests for advice, the Buyer may contact the Company’s team of Consultants by calling Customer Service at 0306091155 Monday through Friday from 9 a.m. to 6 p.m.

5. Availability, refund and price of products

5.1 Only products that can be customized to the customer’s specifications can be ordered on the Site. The integrated functionality of the stock availability of raw materials and semi-finished products necessary for the creation of the final customized product tends to be accurate, however, small communication delays may occur between the actual stock in the warehouse and the factual situation. As a result, the availability of raw materials and semi-finished products needed for product creation in some rare cases may not be guaranteed with certainty.

5.2 The Company cannot exclude the occasional occurrence of errors or variations. In any case, and in the event that, after sending the Order, there is a total or partial unavailability of raw materials and / or semi-finished products necessary for the production of the customized product, the Buyer will be immediately (and in any case no later than 5 days after the confirmation of the order) informed by e-mail of the impossibility of creation in the immediate future of the customized product and therefore the total or partial cancellation of the Order:

• (a) In the event of a total cancellation of Buyer’s Order, this will be confirmed by e-mail or Customer Service may at its option contact Buyer to inform Buyer of the cancellation and to propose that Buyer place a new Order or to propose that Buyer wait to fill the Order once the raw materials and/or semi-finished products needed for the product are recovered.
• (b) In the event of a partial cancellation, the Buyer’s Order may be confirmed for available products, which may be delivered to the Buyer; Customer Service may alternatively contact the Buyer to inform him of the partial cancellation and propose whether to receive the material in a lump sum, delaying the fulfillment of the order, or whether to cancel from the order only the products that are not immediately available, or whether to replace the unavailable product with another customized product.

5.3 In the event of product unavailability and partial and/or total cancellation of the order pursuant to the preceding points, the User will be entitled to a full refund of the amount paid for the unavailable products. The Company, as soon as the unavailability is verified, will immediately proceed to activate the refund procedure, which will be handled by the company selected by the customer to pay for the order among those indicated and identified in Article 6 below (Stripe Payments Europe, Ltd and PayPal (Europe) S.à r.l. et Cie, S.C.A.).

5.4 The prices of the products offered for sale on the Company’s Website, are given in Euros and are the prices in effect at the time the Order is placed by the Buyer. The Company may change the sale prices of the products at any time and without prior notice. The Buyer before sending any Order, may take note of the sale price on the Site.

5.5 The prices of products offered for sale on the Internet Site are applicable in the context of distance selling via the Internet and may differ from any retail prices charged in the territory.

5.6 Product prices include VAT applicable at the time the Order is placed. Any change on the applicable VAT rate will automatically be reflected in the price of products sold by the Company through the Site.

6. Methods of payment

6.1 The payment methods accepted by the Society are as follows:

• (i) Credit/debit cards via Stripe Payments Europe, Ltd. service.
  Payment by credit card or debit card is made using the secure payment service provided by Stripe Payments Europe, Ltd. In this case, the Buyer will be redirected to the Stripe website to proceed with the payment. In cases of purchase of goods with Stripe payment methods, together with the conclusion of the online transaction, Stripe will immediately debit the amount relating to the purchase made.
  Terms and conditions of the Stripe payment service are available on the website https://stripe.com/it/ssa
• (ii) PayPal (Europe) S.à r.l. et Cie, S.C.A.
  If the Buyer has a PayPal account, he can choose this payment method. In this case, the Buyer will be redirected to the PayPal site to proceed with the payment. In cases of purchase of goods with PayPal payment methods, together with the conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made. Terms and conditions of the PayPal payment service are available on the website https://www.paypal.com/it/webapps/mpp/ua/legalhub-full and https://www.paypal.com/it/webapps/mpp/ua/useragreement-full.

6.2 All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer (even in the case of a refund).

6.3 The Buyer warrants to the Company that he or she has the necessary authorizations to use the payment method chosen for his or her Order at the time the Order is placed.

6.4 Deposits made with credit cards or other instruments and/or accounts owned by third parties will be considered, by virtue of the successful completion of the authentication procedure for access to the Service, as made in the name and on behalf of the User.

6.5 The Company also reserves the right to request a copy of the identity card or the sending of copies of documents proving ownership of the Card or to request additional supplementary information (e.g. landline phone number) necessary for the identification of the same in order to ensure the security and correctness of transactions made through the Company’s Website. As part of the fight against Internet fraud, information regarding the Buyer’s Order may be transmitted to third parties authorized by law or designated by The Company for the sole purpose of verifying the identity of the Buyer, the validity of the Order, the method of payment used and the place of delivery. In the absence of the required documentation, The Company reserves the right not to accept the Order. At no time during the purchase process is The Company able to know the Buyer’s credit card information, which is transmitted via secure connection directly to the site of the service used for payment (Stripe or Paypal) that handles the transaction. No computer file of the Company will retain such data. Under no circumstances, therefore, can The Company be held responsible for any fraudulent and improper use of credit cards by third parties, when paying for products purchased on the Site.

6.6 Title to the products ordered shall remain with the Company until such time as the full consideration for the Order, including taxes and other mandatory contributions (if any), are paid in full by Buyer.

7. Receipt and billing

7.1 Each order shipped is accompanied by a detailed Transportation Document and a receipt as required by D.P.R. 21 December 1996 n. 696. The invoice will be issued only if requested at the time of the order by indicating your VAT number in the appropriate field. The document can be downloaded from the specific section within your account on the site.

7.2 It is not possible to request billing for a previously processed order.

7.3 Purchase invoices are sent by e-mail to the e-mail address provided by the Buyer when registering on the Company’s Website.

8. Delivery of purchased products

8.1 Products ordered by Buyer under these GTC will be delivered to the address indicated by Buyer as the delivery address on the Order ("Delivery Address"). Ordered products, which are always customized and specific to each customer, will tend to be delivered within 15 business days of purchase, unless a different timeframe is agreed upon between the parties, including under the following points. This timeframe is due to the special processing to create a product tailored to the buyer and to the fact that only at the time of product customization is the Company able to know what raw materials and/or semi-finished products are actually needed to create the product. In this regard, no responsibility can be attributed to the Company in the event of delays in processing the order or in the delivery of what has been ordered, in the event of delays by any suppliers and/or collaborators.

8.2 The aforementioned delivery times are for indicative purposes only and, although they are usually respected, The Company assumes no commitment or guarantee that they will be respected. Under no circumstances, therefore, can direct and/or indirect damages for late delivery be placed on the Company. Likewise, The Company assumes no responsibility for inefficiencies attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract. In any case, no responsibility can be attributed to the Company in case of delay in the execution of the order or in the delivery of what has been ordered.

8.3 The shipping methods provided are as follows: Standard shipping (within 5 working days of shipment): always free of charge. The Company will deliver the order to the address chosen by the user throughout Italy, including the islands of Sicily and Sardinia. No deliveries are currently made abroad and to the following locations: Campione d’Italia, Livigno, San Marino and Vatican City.

8.4 Deliveries are made on working days (Monday through Friday).

8.5 No dispute can be raised concerning the shipment itself in the event that the package appears to have been delivered. For this purpose, the Carrier’s computer system is authentic

9. Defects, non-conformities and damage to products

9.1 In the event of a lack of conformity of a product pursuant to Article 129 of the Consumer Code, i.e. delivery of goods that have defects or faults (e.g. broken tube) or are different from those provided for in the contract of sale i.e. unsuitable for the use for which a good of the same type is usually used, (e.g. hand cream instead of face cream ordered), the legal warranty under Articles 130 and 132 of the Consumer Code will apply. The Buyer shall be entitled to restoration, without charge, of the conformity of the good by replacement. Should these remedies fail, the Buyer shall be entitled to an appropriate price reduction or termination of the contract.

9.2 The Buyer forfeits his rights under 9.1 above if he does not report the lack of conformity to the Company within two months from the date he discovered the defect. The Company shall be liable when the lack of conformity becomes apparent within the period of two years from the delivery of the product. An action seeking to enforce defects not maliciously concealed by the Company shall, in any case, be time-barred within twenty-six months after delivery of the product.

9.3 The Buyer, or the recipient of the Order, is asked to check the condition of the package and products upon delivery. In case of anomalies of the package (damaged or opened package, liquid trace, etc.) and/or of the ordered products (missing, defective or damaged products), the Buyer or the recipient of the Order shall return the products to the Company following the procedures described in the following point. Failure to follow the correct procedure excludes any recourse against the Company, including the right to a refund of the Order and/or replacement and/or redelivery of the ordered products.

9.4 Procedures that must necessarily be followed in the case of obvious damage to the package for its return to the Company:

• In the event of an anomaly ascertained in the presence of a Carrier’s manager: refuse the shipment and immediately formulate all the reservations regarding the anomaly in a clear and detailed manner. These reservations must be indicated by the Purchaser or by the recipient of the Order on the appropriate coupon from the Carrier’s delivery man. At the same time, report the refusal to the Company’s Customer Service on 0306091155 from Monday to Friday from 9 a.m. to 6 p.m. or by e-mail to support@glowalmilano.com.
• In the event of an anomaly noted in the absence of the responsible Carrier: Report the damage or shortcomings noted and make any complaints and reservations to the Company’s Customer Service Department at 0306091155 Monday through Friday from 9 a.m. to 6 p.m. or by e-mail at support@glowalmilano.com.

9.5 Procedure that must be compulsorily followed in case of missing, damaged or defective product: The Buyer, or the recipient of the Order, must report the missing, defective, non-conforming or damaged products ordered to Customer Service the Company at 0306091155 Monday through Friday from 9 a.m. to 6 p.m. or by e-mail at support@glowalmilano.com.

9.6 The Company’s Customer Service Department may request information regarding the identity of the Buyer or the recipient of the Order and make any verification that may be helpful. The Company’s Customer Service will instruct the Buyer, or recipient, on the procedure to be followed to return damaged or defective product, or to obtain missing products.

9.7 Upon receipt of the products, the Company will verify that such products are indeed defective, damaged or not corresponding to the description provided on the Website. If such verification is positive, in accordance with the provisions of Articles 130 et seq. of the Consumer Code, the Company will replace the defective, damaged or non-compliant product and send it to the Buyer as soon as possible and in any event within 30 (thirty) business days of receipt of the products. The shipping costs will be borne entirely by the Company. In the event that the Company is unable to proceed with the replacement of the products within the aforesaid period, the Company will immediately notify the Buyer at the e-mail address provided at the time of registration and will reimburse the Buyer for the cost of such products and shipping costs if the Buyer provides proof of the cost incurred in returning the products. The refund of the price will be made by the Company in the manner chosen at its discretion as soon as possible, and in any event within 30 (thirty) business days from the date it receives the products.

9.8 In the event of a lack of conformity, the Consumer may request, without charge (including shipping costs), restoration by replacement, unless remedy is objectively impossible or excessively burdensome compared to the other. The remedy is to be considered excessively onerous if it imposes unreasonable expenses on the Company in comparison with the other, taking into account: a) the value that the Product would have if there were no conformity defect; b) the extent of the conformity defect; c) whether the alternative remedy can be performed without significant inconvenience to the Consumer User. The Consumer, on the other hand, may request, at his or her option, a reasonable reduction in price or termination of the contract where any of the following situations occur:

• replacement is impossible or excessively costly;
• The Company failed to provide replacement within a reasonable period of time;
• the replacement previously made has caused considerable inconvenience to the User Consumer.

After the notification of the lack of conformity, the Company may offer to the User Consumer any other available remedy, with the following effects: i) if the User Consumer has already requested a specific remedy, the Seller shall remain obliged to implement it, with the necessary consequences as to the commencement of the reasonable period for repairs or replacements, unless the User Consumer accepts the proposed alternative remedy; ii) if the User Consumer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy in accordance with this Article. In any case, a minor lack of conformity, for which it has not been possible or is excessively burdensome to exhaust the remedy of replacement, shall not entitle the User Consumer to terminate the contract.

9.9 In the event that, after examining the returned products, the Company instead reasonably determines that the products cannot be considered defective, damaged, or not in accordance with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to the Buyer.

10. Exclusion of the right of withdrawal

10.1 As previously anticipated, all products made and marketed by the Company are customized products within the meaning of Art. 59(C) and 45 of the Consumer Code, as they are tailor-made products created for the specific User based on the data indicated and communicated by the User (coming from skin swabs recognized through the cell phone camera and from a completed questionnaire); no standard products are made and marketed: each product provided by the Company is a specific and unique product, tailored to the User.

10.2 Pursuant to Article 59 lett. C, of the Consumer Code, since the products are not prefabricated but custom-created based on the data offered by the User and therefore the same products are not relocatable within the market since they cannot be restored or reused (the production of custom-made products for the User is irreversible), the User is expressly excluded from the right of withdrawal from the purchase of the Company’s custom products.

10.3 In any case, the provisions of Article 9 of these GTC in case of conformity defects or damages related to the products remain unaffected.

11. Exclusion of the right of withdrawal

11.1 These GTC and these terms, as amended from time to time, shall apply for as long as the products are offered for sale on the Company’s Website and until the terms of the warranties expire. In any event, Articles 13 "User’s Obligations," 14 "Liability," and 17 "Applicable Law, Out-of-Court Settlement and Jurisdiction" shall survive the termination of these GTC.

12. Exclusion of the right of withdrawal

12.1 The Company reserves the right to change and update terms and GTC without prior notice. In order to be informed of such changes, the Company advises the Buyer, and any user in general, to read these terms and GTC regularly.

12.2 The purchase of products on the Website will be subject to the GTC in effect at the time of Order submission. Changes will not be applied to Orders already submitted and accepted by the Company.

13. User guarantees and obligations

13.1 The Company believes in the excellent quality of its products and seeks to offer the best possible product quality by sourcing the best ingredients, raw materials and semi-finished products on the market to create its products, made in accordance with Regulation (EC) No. 1223/2009 and subsequent amendments, following Good Manufacturing Practices for Cosmetic Products (GMP), and in general the applicable legislation in Italy in force at the time of the Order. Even in the case of partial processing and/or semi-processing carried out by collaborators and/or suppliers of the Company, such semi-finished products are guaranteed by the suppliers as complying with the aforementioned legislation and, therefore, the resulting finished products placed on the market by the Company are also created by the Company in accordance with Regulation (EC) No. 1223/2009, as amended, following Good Manufacturing Practices for Cosmetic Products (GMP).

13.2 All ingredients contained in the creams, cosmetics and products in general are explicitly and in detail listed on the packaging of the products or on the bottle containing the product or even on an illustrative document present in the product packaging, as well as expressly indicated when purchasing the same: it is therefore the User’s obligation both when delivering the data and prior information and also when placing the Purchase Order, to indicate in advance any allergies and/or intolerances to any ingredients and raw materials, so that the customized product is created without such ingredients/raw materials.

13.3 In any case, given the listing of all ingredients on the product packaging or on the bottle containing the product or even on an explanatory document in the product packaging, it is also the user’s obligation to make sure that he or she is not allergic to any of the ingredients in the products before applying them.

13.4 In any case, as better specified in Article 14 below, the User expressly agrees that the Company cannot be held responsible for any allergic reactions, and/or other types of reactions, to the ingredients contained in the products sold and expressly indicated.

13.5 It is also expressly mentioned that:

• information posted on the Site and products is not intended as a cure or treatment for dermatological and/or other medical problems and in no way should be considered as such;
• advice given on the Site or provided by Customer Service is for informational purposes only and is in no way intended to substitute for the advice of a physician;
• please consult your doctor with any concerns.

13.6 For these reasons, the user is therefore instructed not to use the purchased products as a substitute for medical care or clinical treatment.

13.7 In any case, the User expressly agrees that the Company cannot be held responsible for any consequences due to the user’s use of products purchased as a substitute for medical care or clinical treatment.

14. Responsibility

14.1 The Buyer declares that he/she has full capacity to act and enter into a contract for the purchase of products and/or services on the Internet Site according to these General Terms and Conditions of Sale. Under no circumstances shall the Company be required to verify the capacity to act of visitors and Buyers of the Company’s Internet Site. In the event that a person lacking the necessary capacity to act (e.g., a minor) places an Order on the Company’s Internet Site, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, the Company may refuse to accept the Order.

14.2 The Company shall in no way be held liable for inefficiency and/or damage caused by the use of the site in case of:

• tampering or interventions that impair the proper functioning of the site carried out by User’s personnel or third parties not authorized by the Company;
• misuse of the site by the User or operators or authorized third party users;
• non-regular operation of hardware or software used by the User;
• non-compliance, defaults and violations of law attributable to the User, such as, but not limited to, violations of Legislative Decree No. 81 of April 9, 2008, or the Privacy Code.

14.3 The User is held responsible for the management of all that is placed upon him/her in connection with:

• have the necessary communication line for the proper connection;
• the loading of its own data, coding and parameterization of programs, for use according to its specific needs.

14.4 The Company disclaims all liability for direct and indirect damages and consequences, whether foreseeable or not, consequential and/or related to the buyer’s use of the website. Should the Company be held liable by reason of an injury suffered by the purchaser and attributable solely to the transmission of an order, such liability shall be limited to the amount of the order paid by the purchaser to the Company.

14.5 As a result of the user’s obligations set forth in Article 13 above, given all information obligations and the timely indication of all product ingredients indicated on the same and/or on the packaging, the Company disclaims all liability for direct and indirect damages and/consequences, whether foreseeable or not, consequential and/or related:

• to the misuse of the products and/or
• to the presence of indicated ingredients.

14.6 In any event, nothing in these General Terms and Conditions of Sale shall exclude or limit the Company’s liability to the Buyer and/or recipient of the Order for fraud, death or personal injury caused by the Company’s negligence, violation of the applicable provisions of the Italian Consumer Code (art. 124) or any other liability that cannot be excluded or limited by law.

15. Copyright and intellectual property

15.1 The Company’s trademark, the GLOWAL MILANO trademark, the trademarks owned by the same and in general all figurative and non-figurative trademarks present on the Website, the images, illustrations and logos and any content present on the Website (including, without limitation, the General Conditions of Use and these General Conditions of Sale) are the exclusive property of INCOS S. R.L. (and/or of the respective owners of the intellectual property rights over the same) and are therefore protected by the legislation on Copyright and the legislation protecting Trademarks (Law 22 April 1941 n.633 and subsequent amendments, Royal Decree No.929 of June 21, 1942 and subsequent amendments) as well as covered by copyright

15.2 Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Site, for any reason and by any means, without the express written permission of the Company and/or the respective owners of the intellectual property rights in them is strictly prohibited.

16. Contacts

16.1 The user agrees to use his e-mail (entered during the purchase and/or registration phase) or his account to receive important communications from the Company.

16.2 The Company can be contacted at the following addresses: INCOS s.r.l., C.F./P.IVA: 04279670980; registered office in Via Santa Maria Valle n.1 - Milan (MI); operational headquarters (for shipments and returns of products) via Attiraglio n.100, Palazzolo sull’Oglio (BS); Phone: 030 6091155; PEC incos.cosmetica@legalmail.it; Email: info@glowalmilano.com.

17. Applicable law, out-of-court settlement and jurisdiction

17.1 These Terms are governed by and are to be interpreted and executed in accordance with Italian law. The regulations expressly referred to for distance contracts are provided by Section II of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) as amended and for sales by electronic means by Legislative Decree No. 70 of April 9, 2003 as amended.

17.2 The Purchaser has the right to promote the out-of-court settlement of disputes concerning the consumer relationship at the bodies established by the chambers of commerce, industry and agriculture pursuant to Law No. 580 of December 29, 1993, as well as to resort to the mediation procedures referred to in Legislative Decree 28/2010, as amended, under the conditions provided by the body chosen by the Purchaser who will administer this procedure. This is without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for in Article 2, paragraph 2, of the aforementioned Legislative Decree, as well as the complaint procedures provided for in the service charters.

17.3 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into online through the Site shall be subject to the mandatory territorial jurisdiction of the place of residence or domicile of the User Consumer and in any case the jurisdiction of the Italian State.

18. Final Provisions

18.1 These Terms and Conditions supersede and replace any previous version of the Terms between the Company and you with respect to the same subject matter.

18.2 L’eventuale tolleranza da parte della Società dell’inadempimento dell’utente alle clausole dei presenti Termini e CGV non potrà in nessun modo essere considerata come rinuncia ai diritti da essi derivanti a favore della Società. Parimenti la circostanza che la Società non faccia valere nei confronti dell’Utente una violazione di una qualsiasi delle obbligazioni contenute nelle presenti CGV, non sarà da intendersi come una rinuncia a ottenere l’adempimento dell’obbligazione in questione per il futuro.

18.3 You may not transfer any of your rights or obligations under these Terms without the consent of the Company. In particular, you may not assign your account to a third party.

18.4 The parties agree to the validity of email correspondence with reference to the application of these Terms and GTC.

18.5 The possible nullity and/or ineffectiveness and/or cancellation of any of the clauses and/or points of this contract and of these Terms, even in relation to violations of mandatory rules provided for by Italian law, will not affect the validity of the entire contract, nor of the further conditions applicable to it, and therefore the other provisions of these GTC shall remain fully valid and effective. Likewise, should one or more provisions of these GTC be declared invalid or ineffective due to a legislative change or following a ruling by a competent judicial authority, the other provisions of these GTC shall remain fully valid and effective.