GENERAL TERMS AND CONDITIONS
Field of application
- The general terms and conditions contained herein (hereinafter: "T&Cs")
are applied to all orders and purchases of cosmetic fashion and accessories (hereinafter:
"Products") on the website www.misssixty.com (hereinafter: "Website")
managed by E-volve Service Sagl, a company under Swiss law, with office in Via Cantonale
2b, CH-6928 Manno, Switzerland (hereinafter: "E-volve"), made by subjects
residing in countries where the website is or will be active (hereinafter: "Customers").
- The customer must carefully read the T&Cs before making all purchase orders.
- With acceptance of the T&Cs and placing of an order, the customer acknowledges
- has read, understood and fully accepted the T&Cs without reserve;
- is a consumer wanting to purchase the Products exclusively for personal use and
not for resale within the context of any commercial or business activity of any
- authorises E-volve to store, process, use and transfer to third parties and/or abroad,
the data (personal) contained in the order for the purpose of fulfilling the same.
- E-volve shall take all steps to ensure that the information contained on the website
is accurate and up-to-date. However, it is not possible to offer guarantees to this
effect. The customer therefore acknowledges and accepts that the Products may not
be fully compliant with the indications, specifications and/or photographs on the
- The sales agreement entered into by E-volve and the customer is understood as finalised
once E-volve sends written confirmation of the delivery to the Customer at the email
address indicated by the latter on the purchase order.
- E-volve shall consider any change requests that it receives prior to shipment of
the Products al Customer.
- If a specific Product listed on the Customer's order is no longer in stock, E-volve
shall in no way be bound to supply the Product in question, but will only be obliged
to inform the customer in advance of said circumstance. If only part of the Products
indicated in the order are available, E-volve will contact the Customer to ask if
it intends cancelling the order or is willing to receive the available items; in
the latter case the Customer will only be charged for the Products it receives.
- E-volve reserves the right, at its own discretion, to reduce the amount of Products
that can be purchased on the website.
- The prices of the Products, expressed in Euro or GBP, will always be the ones
indicated in the invoice. E-volve will in any case do everything in its power to
ensure that the prices indicated on the website are correct and updated.
- The shipping and delivery expenses may vary depending on the country and will be
charged to the Customer at the time of shipping the Products ordered, based on the
shipping rates in force and indicated in the relative section on the website.
- Payment must be made by the Customer at the time of confirming the delivery, either
by credit card or by one of the other methods indicated in the relative section
on the website.
- The Products will be shipped to the delivery address indicated on the order by the
- As a general rule, the Products will be shipped within 30 (thirty) days after confirmation
of the order by E-volve, nevertheless the delivery times may vary depending on the
country of destination. In the case of the delivery being delayed for reasons out
of E-volve's control, if possible, the Customer will be notified of the new delivery
- E-volve reserves the right at its own discretion to refuse, suspend or cancel the
delivery or any of its obligations deriving from the sales agreement in the case
of alleged fraud, non-performance or violation by the Customer of its obligations
assumed with E-volve in previous orders and/or sales agreements.
If the purchased products will require the crossing of customs (depending on the country of destination) and the customer decides not to receive the order once it has arrived at customs, E-volve doesn't guarantee the reimbursement of the goods which will be abandoned in place.
Right to withdraw
- The customer has the right to return the Products purchased on www.misssixty.com, without
any penalty being charged and without need for justification, either within 14 (fourteen)
calendar days after receipt by the Customer of the Products in question, or within
the term established by the mandatory regulations applicable in the country where
the Customer resides, if this is longer.
- Upon receipt of the Products by E-volve, the sales agreement shall be cancelled
for all purposes and all the relative obligations, rights and claims shall lapse,
notwithstanding the fact that if the Products returned to E-volve are damaged, E-volve
shall be entitled to compensation for said damages with the payment already made
by the Customer for the Products.
- Besides everything indicated above (articles 15-16), the right to withdraw is subject
to the following conditions:
- Within and no longer than fourteen (14) days from receiving the products, the customer
has the right to request a return (''RMA'') directly through our website,
in the section ''Request a Return'';
- After receiving the RMA, the Products must be returned to E-volve, at the Customer's
risk and expense in a single delivery by courier or registered mail 2 (two) days
after receipt of the RMA to the following address: Evolve group c/o Traconf Srl, VIA DELL'INDUSTRIA 8/12 - 37060 Sona (VR) Italia;please ensure that both the recipient (E-volve Group) and the RMA code are clearly visible on the package, so that it does not go missing; should Evolve not receive the returned merchandise, Evolve will request the Customer to provide the proof of delivery: the delivery slip signed by the recipient of the returned package. If the Customer is unable to provide the proof of delivery, Evolve cannot grant the refund of goods. .
- The Products that are returned must not be used, worn, or damaged;
- The identifying hang-tags of the Products must still be attached to the same;
- The Products must be returned in their original packaging, together with any
accessories or instruction manuals;
- As soon as E-volve have ascertained that the required conditions for the returns
have been met, they will send the Customer an email of confirmation accepting the
returns and start the procedure for reimbursing the amount paid for the Products
returned within 30 (thirty) days, irrespective of the payment method adopted by
the Customer. Reimbursements will only be made to Customers who have made payments
- In case the above-mentioned conditions are not observed, the Customer will not be
entitled to any reimbursement for the amount paid to E-volve. The Customer , however, will be fully entitled to pick up returned Products at the Evolve Group warehouse at his or her risk and expense. If the Customer does not request the resending of the returned Products
by 30 (thirty) days after receiving notice from E-volve, E-volve will be entitled
to keep them together with the amount paid by the Customer for said Products.
Guarantee and limited liability
- E-volve's guarantee is circumscribed to any apparent defects of the Products - excluding
without limitation, any implicit guarantee regarding quality and suitability to
this effect for the Customer - for a period of 2 (two)years after delivery of the
- The guarantee only gives the right to obtain reimbursement of the amount paid for
the defective Products, provided the defect is notified to E-volve within 2 (two)
months after being detected.
- Besides everything specified above (articles 20-21), the right to reimbursement
is subject to the following conditions, under penalty of forfeiture of the guarantee:
- Before returning back any defective products to E-volve, the customer must request
an authorization to return the products directly through our website, in the section ''Request a Return''
- Defective Products will be picked up by E-volve, at ITS own expenses.
- Upon receipt of the Product and verification of the alleged defect, E-volve will
send the Customer an email of confirmation accepting the return and start the procedure
for reimbursing the amount paid for the Products returned within 30 (thirty) days,
irrespective of the payment method adopted by the Customer. Reimbursements will
only be made to the Customer who made the payment.
- With the exception of the aforementioned guarantee, E-volve excludes every and any
liability (contractual or tort) regarding the Customer, within the limits of the
mandatory applicable regulations.
- E-volve's maximum aggregate liability can under no circumstances exceed the amount
paid by the Customer for purchasing the Product.
- In the case of one or more clauses in these T&Cs being invalid, voidable, illegal
or unenforceable, this will not entail the total ineffectiveness of the T&Cs.
The clause in question will be replaced by a similar valid clause that duly takes
into account the intention and content of the same in full observance and for the
purposes of the current regulations.
- These T&Cs are subject to substantive Swiss law (with the exclusion of Swiss
legislation regarding international private law and international treaties, in particular
the United Nations' Convention governing international sales agreements of goods).
Any disputes arising will be settled exclusively by the competent Court of Lugarno
DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)
These T&C are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.
- 1. Terms used herein: Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments. Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union. Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time. Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery. Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.
- 2. T&C Subject Matter
- 2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker (“Agreement”).
- 2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.
- 3. DHL Express Network Terms and Conditions of Carriage.
- 3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below: Deliveries and Undeliverables Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale less service charges and related administrative costs to be returned to Shipper. Inspection DHL has the right to open and inspect Shipments without notice. DHL’s Liability DHL’s liability is expressly limited to direct loss and damage only and cannot exceed per kilo/lb limits pursuant to Section 6. Any other types of loss or damage whatsoever are excluded (including but not limited to lost profits, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’s liability in respect of any one Shipment transported, without prejudice to Sections 7 through 11, is limited to its actual cash value and shall not exceed: - an amount calculated based on $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or - an amount calculated based on $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road. Claims are limited to one claim per Shipment; settlement of such claim will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient they must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make their own insurance arrangements, failing which Shipper assumes all risks of loss or damage. Time Limits for Claims All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever in respect of those claims. Delayed Shipments and Money-Back Guarantee DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or loss caused by delays. Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service. Circumstances Beyond DHL’s Control DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action. International Conventions If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage. Routing Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places. Governing Law Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
- 3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
- 4. Customs Operations Terms & Conditions
- 4.1. Customs Broker:
- 4.1.1 may performs customs declaration of Express Shipments;
- 4.1.2. may pay customs and other fees, including interest and penalty, in respect of the goods declared by the Customs Broker in the name and on behalf of the Consignee in accordance with the procedure established in the applicable laws;
- 4.1.3. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;
- 4.1.4. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.
- 4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request. All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.
- 4.3.The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost
- 4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.
- 5. Liability of the Parties
- 5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.
- 5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.
- 5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.
- 6. Service Fees and Payment for Customs Operations:
- 6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.
- 6.2. The Consignee must pay for the Customs Broker’s services. 6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.
- 7. General Provisions
- 7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.