Terms and Conditions - Fillast | Digital Lounge Store

Terms and conditions of service

TERMS AND CONDITIONS OF SALE

These terms and conditions concern the distance purchase of products via the Internet on the site www.fillast.com belonging to Exalya s.r.l. (hereinafter Exalya), with registered office in San Felice del Benaco (BS), Località Santigaro nr. 32, VAT no. and tax code 03989360981, registered with the Directory of Companies of the Chamber of Commerce of Brescia no. 03989360981.

Acceptance of the general terms and conditions of sale

1) The contract between Exalya and the Customer must be considered concluded with the acceptance, even in part, of the order by Exalya. Said acceptance is understood as implied, unless the Customer is notified otherwise, with any means. By placing an order in the various ways provided, the Customer expressly declares having read all the information provided during the purchase procedure and accepting in full the terms and conditions of sale and payment outlined below.

2) Upon completion of the online purchase procedure, if the Customer is a consumer (i.e. a natural person who buys the goods for purposes that do not refer to his/her profession), they shall print or save and however store these general terms and conditions of sale, in compliance with the provisions of articles 3 and 4 of Italian Legislative Decree 185/1999 on distance sales.

3) The Customer shall not be entitled to any compensation for damages or indemnity and any contractual or non-contractual liability for direct or indirect injury to persons or damage to property caused by failure to accept or process an order even in part.

How to purchase

4) The Customer may only order products found on www.fillast.com when the order is placed and visible on the website, as described in the relative information sheets. It is understood that the picture featured on the descriptive sheet of a product may not be perfectly representative of its features, but may differ by colour, size and accessories pictured.

5) Exalya will confirm the correct receipt of the order with an email sent to the address provided by the Customer. The reply is generated automatically by the system and cannot be considered per se as an order acceptance, but only as acknowledgement of receipt thereof.

The message will feature the order date, the total amount and details of the products ordered. The message also shows all the data entered by the Customer, who undertakes to check they are correct and promptly report any corrections as specified in the document.

6) In the event of non-acceptance of the order, Exalya shall promptly notify the Customer.

Prices and payment methods

7) All prices and fees are expressed in Euro and are inclusive of VAT. The fiscal invoice shall be issued at the time of shipping and delivered together with the goods. Payments can be made via:

credit card
COD
paypal
advance bank transfer

7.1.) Credit card

If the goods are purchased by Credit Card, the bank in question shall only authorise commitment of the sum related to the purchase made, at the same time that the online transaction is concluded. The amount related to processed goods alone, including those processed in part, shall actually be charged to the Customer’s credit card only after the goods have been shipped by Exalya.

7.2.) In the event of order cancellation, either by the Customer or in the event of non-acceptance of the order by Exalya, the latter shall request cancellation of the transaction and release of the committed amount. Release times for some types of cards depend solely on the banking system and may be up to their normal expiry date (typically 24-25 days from the authorisation date). Once the transaction has been cancelled, Exalya shall not, under any circumstances, be liable for any direct or indirect damage caused by delays in the release of the amount committed by the banking system.

7.3) Exalya reserves the right to request additional information from the Customer (e.g. their landline number) or to send a copy of the documents proving they are the holders of the Card. Failing receipt of the required documentation, Exalya reserves the right not to accept the order.

7.4) As additional guarantee and improved security for the Customer, Exalya will not be able to obtain, at any time during the purchase procedure, information on the buyer’s credit card, which is sent via secure connection directly to the website of the bank managing the transaction. These data will not be held in any electronic archive of Exalya. Therefore, Exalya shall not, in any case, be held liable for any fraudulent and/or illegal use of credit cards by third parties upon payment of products purchased on www.fillast.com.

7.5) COD

In the event of purchases by COD, extra charges may be applied.

7.6) Payment in advance via Bank Transfer

Payment can be made in advance via Bank Transfer. When ordering, the customer will receive an email with the exact amount to be paid and all the data required to make the payment. In any case, the requested amount shall be that for the actually available products. The bank transfer receipt must be submitted via fax +39 0365.522619 or via email to info@fillast.com in order to avoid payment reminders or order cancellation due to late crediting. The goods will be sent only after receiving the credit.

Shipping methods and costs

8) For every order made on www.fillast.com, Exalya shall issue an invoice for the goods shipped to the person who made the order either by e-mail or post, pursuant to art. 14 of Italian Presidential Decree 445/2000 and Decree Law 52/2004. The information provided by the Customer at the time of the order shall be used to issue the invoice.

9) The delivery costs shall be borne by the Customer according to the amount specified in the receipt of the order. The Customer shall pay for the goods according to the method chosen upon placing the order.

10) Delivery of the goods requires the presence of the Customer or a person appointed by them at the address of the recipient specified in the order. Upon delivery of the goods by courier the Customer is required to check:

that the number of parcels delivered matches the transport document;
that the packaging or the materials used to close the parcels are intact, and neither damaged nor wet or otherwise altered.

Any damage to the packaging and/or the product or a mismatch in the number of packages or instructions must be immediately reported by applying a specific conditional acceptance on the courier’s receipt. Once the courier’s document has been signed, the Customer shall not be able to make any complaints about the external features of the goods delivered.

11) The couriers we use do not call Customers beforehand and do not handle requests for deliveries at specific times.

Products shall be delivered in maximum 5 business days, preferably within 72 hours of receipt of the order, except for force majeure. If the goods should be unavailable, Exalya shall promptly inform the Customer and refund any amount already paid or inform them about the next delivery terms at the Customer’s discretion.

12) In the event the goods ordered should not match the goods delivered, the Customer must promptly inform Exalya via email or fax within 8 business days from the date of receipt of the goods at the latest.

13) Should the Customer be absent, the courier will attempt another delivery within 24 hours. If final delivery cannot be carried out owing to the Customer’s fault, the order shall be regarded as cancelled as the delivery could not be executed. The Customer will be promptly informed of the cancellation via email. The amount that may already have been paid by the customer shall be refunded, minus costs incurred for the attempted deliveries.

Right of withdrawal

14) Pursuant to art. 64 of Italian Legislative Decree no. 206/2005 (Consumer Code), if the Customer is a consumer (i.e. a natural person who buys the products for purposes other than business or professional ones, or makes a purchase without indicating a VAT code in the order form) they have the right to withdraw from the contract for any reason, without the need to provide explanations and without any penalty, subject to the provisions of articles 15, 16 and 17 below.

15) To exercise the right of withdrawal, the Customer must inform Exalya in this regard within 10 business days from the date of receipt of the goods.

The Customer shall do so by registered letter with acknowledgement of receipt addressed to:

Exalya s.r.l., Località Santigaro nr. 32, 25010, San Felice del Benaco (BS).

Upon receiving the notice of withdrawal, Exalya shall send an email to the Customer to provide the address where the goods must be shipped and the return authorisation number to be indicated on the courier’s consignment note. The goods shall be returned by courier within 10 business days.

Upon receipt of the goods, Exalya will check they are intact and refund the Customer with the amount for the purchased product, minus transport costs (if due). The refunds will be paid by credit card or by bank transfer on a current account specified by the Customer, within 30 days from receipt of the returned goods.

17) The Customer shall no longer be entitled to exercise their right of withdrawal in the event of a defect in the substantial integrity of the returned goods, as an example, in the event of:

lack of the original external and/or internal packaging;
lack of integral elements of the product (accessories, etc.);
damage to the product due to causes other than transport;
abnormal storage conditions.

Should the Customer no longer be entitled to the right of withdrawal, Exalya shall return the purchased product to the Customer, and shall also charge any additional shipping costs.

Warranties

18) All products sold by Exalya are covered by the manufacturer’s standard warranty and, for Customers who are Consumers (a natural person who buys the goods for purposes other than business or professional ones, or makes a purchase without indicating a VAT code in the order form), also by the legal warranty for conformity defects, referred to in articles 128-135 of Italian Legislative Decree no. 206/2005. The Customer must store the invoice to be able to claim warranty obligations.

19) Exalya shall replace any products deemed objectively defective, and shall bear any costs, with products of the same quality or with equivalent products for the same amount, or the relevant amount may be refunded.

20) Exalya is not responsible for the operations performed by independent third parties who should act in management or performance of payments, delivery of goods and any other operation associated with the performance of contracts concluded on www.fillast.com.

Privacy Policy

21) The personal data requested upon placing the order are collected and processed in order to meet the express requests of the Customer and in no case shall they be provided to third parties. Exalya assures to its Customers compliance with regulations on processing of personal data pursuant to Italian Legislative Decree 196/2003.

The Data Controller is Exalya s.r.l. with registered office in San Felice del Benaco (BS), Località Santigaro nr. 32.

Complaints

22) The Customer shall address any complaints to Exalya s.r.l. desenzano@fillast.com, Tel: 0365522617.

Applicable law and jurisdiction

23) The sales contract between the Customer and Exalya is understood as concluded in Italy and governed by Italian law. To settle any disputes that may arise from the conclusion of this distance sales contract, if the Customer is a Consumer, jurisdiction lies with the court of the municipality of residence. In all other cases disputes shall solely be settled by the Court of Brescia.

Fillast VIP CARD

The Fillast Technological Luxury Cosmetics card in your possession is valid for 6 (six) months from the date you first registered on www.fillast.com (VIP area). The secret code on the card, which you may use to get discounts on purchases, must also be used for every purchase after the first.

Terms and conditions of service

TERMS AND CONDITIONS OF SALE

These terms and conditions concern the distance purchase of products via the Internet on the site www.fillast.com belonging to General Topics s.r.l. (hereinafter, for the sake of brevity, General Topics), with registered office in Salò (BS), Lungolago Zanardelli no. 32, VAT no. and tax code 01571610987, registered with the Directory of Companies of the Chamber of Commerce of Brescia no. BS-323353.

Acceptance of the general terms and conditions of sale

1) The contract entered into between General Topics and the Customer shall be understood as concluded by acceptance, even in part, of the order by General Topics. Said acceptance is understood as implied, unless the Customer is notified otherwise, with any means. By placing an order in the various ways provided, the Customer expressly declares having read all the information provided during the purchase procedure and accepting in full the terms and conditions of sale and payment outlined below.

How to purchase

5) General Topics will confirm the correct receipt of the order with an email sent to the address provided by the Customer. The reply is generated automatically by the system and cannot be considered per se as an order acceptance, but only as acknowledgement of receipt thereof.
The message will feature the order date, the total amount and details of the products ordered. The message also shows all the data entered by the Customer, who undertakes to check they are correct and promptly report any corrections as specified in the document.

6) In the event of non-acceptance of the order, General Topics shall promptly notify the Customer.

Prices and payment methods

7) All prices and fees are expressed in Euro and are inclusive of VAT. The fiscal invoice shall be issued at the time of shipping and delivered together with the goods. Payments can be made via:

credit card
COD
paypal
advance bank transfer

7.1.) Credit card

If the goods are purchased by Credit Card, the bank in question shall only authorise commitment of the sum related to the purchase made, at the same time as the online transaction is concluded. The amount related to processed goods alone, including those processed in part, shall actually be charged to the Customer’s credit card only after the goods have been shipped by General Topics.

7.2.) In the event of order cancellation, either by the Customer or in the event of non-acceptance of the order by General Topics, the latter shall request cancellation of the transaction and release of the committed amount. Release times for some types of cards depend solely on the banking system and may be up to their normal expiry date (typically 24-25 days from the authorisation date). Once the transaction has been cancelled, General Topics shall not, under any circumstances, be liable for any direct or indirect damage caused by delays in the release of the amount committed by the banking system.

7.3) General Topics reserves the right to request additional information from the Customer (e.g. their landline number) or to send a copy of the documents proving they are the holders of the Card used. Failing receipt of the required documentation, General Topics reserves the right not to accept the order.

7.4) As additional guarantee and improved security for the Customer, General Topics will not be able to obtain, at any time during the purchase procedure, information on the buyer’s credit card, which is sent via secure connection directly to the website of the bank managing the transaction. These data will not be held in any electronic archive of General Topics. Therefore, General Topics shall not, in any case, be held liable for any fraudulent and/or illegal use of credit cards by third parties upon payment of products purchased on www.fillast.com.

7.5) COD

In the event of purchases by COD extra charges may be applied.

7.6) Payment in advance via Bank Transfer

Shipping methods and costs

8) For every order made on www.fillast.com, General Topics shall issue an invoice for the goods shipped to the person who made the order either by e-mail or post, pursuant to art. 14 of Italian Presidential Decree 445/2000 and Decree Law 52/2004. The information provided by the Customer at the time of the order shall be used to issue the invoice.

that the number of parcels delivered matches the transport document;
that the packaging or the materials used to close the parcels are intact, and neither damaged nor wet or otherwise altered.

Any damage to the packaging and/or the product or a mismatch in the number of packages or instructions must be immediately reported by applying a specific reservation on the courier’s receipt. Once the courier’s document has been signed, the Customer shall not be able to make any complaints about the external features of the goods delivered.

11) The couriers we use do not call Customers beforehand and do not handle requests for deliveries at specific times.
Products shall be delivered in maximum 5 business days, preferably within 72 hours of receipt of the order, except for force majeure. If the goods should be unavailable, General Topics shall promptly inform the Customer and refund any amount already paid or inform them about the next delivery terms at the Customer’s discretion.

12) In the event the goods ordered should not match the goods delivered, the Customer must promptly inform General Topics via email or fax within 8 business days from the date of receipt of the goods at the latest.

13) Should the Customer be absent, the courier will attempt another delivery within 24 hours. If final delivery cannot be effected owing to the Customer’s fault, the order shall be regarded as cancelled as the delivery could not be executed. The Customer will be promptly informed of the cancellation via email. The amount that may already have been paid by the customer shall be refunded, minus costs incurred for the attempted deliveries.

Right of withdrawal

15) To exercise the right of withdrawal, the Customer must inform General Topics in this regard within 10 business days from the date of receipt of the goods.
The Customer shall do so by registered letter with acknowledgement of receipt addressed to:
General Topics s.r.l., Via Lungolago Zanardelli no. 32, 25087, Salò (BS).
Upon receiving the notice of withdrawal, General Topics shall send an email to the Customer to provide the address where the goods must be shipped and the return authorisation number to be indicated on the courier’s consignment note. The goods shall be returned by courier within 10 business days.

16) The Customer must send the product to the specified address carefully wrapped in its original packaging with all its original contents, and avoid damaging it with adhesive labels or other materials. Shipping costs to return the goods shall be borne by the Customer. The shipment is under the responsibility and risk of the Customer up to the confirmation of receipt by General Topics.
Upon receipt of the goods, General Topics will check they are intact and refund the Customer with the amount for the purchased product, minus transport costs (if due). The refund will be made by crediting the credit card or by bank transfer on a current account specified by the Customer, within 30 days from receipt of the returned goods.

17) The Customer shall no longer be entitled to exercise their right of withdrawal in the event of a defect in the substantial integrity of the returned goods, as an example, in the event of:

lack of the original external and/or internal packaging;
lack of integral elements of the product (accessories, etc.);
damage to the product due to causes other than transport;
abnormal condition.

Should the Customer no longer be entitled to the right of withdrawal, General Topics shall return the purchased product to the Customer, and shall also charge any additional shipping costs.

Warranties

18) All products sold by General Topics are covered by the manufacturer’s standard warranty and, for Customers who are Consumers (a natural person who buys the goods for purposes other than business or professional ones, or makes a purchase without indicating a VAT code in the order form), also by the legal warranty for conformity defects, referred to in articles 128-135 of Italian Legislative Decree no. 206/2005. The Customer must store the invoice to be able to claim warranty obligations.

19) General Topics shall replace any products deemed objectively defective, and shall bear any costs, with products of the same quality or with equivalent products for the same amount, or the relevant amount may be refunded.

20) General Topics is not responsible for the operations performed by independent third parties who should act in management or performance of payments, delivery of goods and any other operation associated with the performance of contracts concluded on www.fillast.com.

Privacy Policy

21) The personal data requested upon placing the order are collected and processed in order to meet the express requests of the Customer and in no case shall they be provided to third parties. General Topics assures to its Customers compliance with regulations on processing of personal data pursuant to Italian Legislative Decree 196/2003.
The data controller is General Topics s.r.l., with registered office in Salò, Via Lungolago Zanardelli no. 32.

Complaints

22) The Customer shall address any complaints to General Topics s.r.l. info@general-topics.com, tel: 0365522617.

Applicable law and jurisdiction

23) The sales contract between the Customer and General Topics is understood as concluded in Italy and governed by Italian law. To settle any disputes that may arise from the conclusion of this distance sales contract, if the Customer is a Consumer, jurisdiction lies with the courts of the municipality of residence. In all other cases disputes shall solely be settled by the Courts of Brescia.

Fillast VIP CARD