GENERAL TERMS AND CONDITIONS OF SALE OF PROFUMO DI ORTA
This page (and all documents contained and referred to herein) sets out the terms and conditions under which we provide the goods (“Products”) indicated on our website www.ilprofumodiorta.it (“our site”) to you. Please read the terms and conditions carefully before you start using our site. By ordering one of our products, you consent to be bound by these terms and conditions.
Please save or print a copy of these terms and conditions for any future reference.
INFORMATION ON OUR COMPANY
www.ilprofumodiorta.it is the website of the company based in Orta san Giulio, 28016 (NO) in Via Olina, 48 C.F. CRTSRN72L52G062W P.IVA 02507590038
2. CONCLUSION OF THE CONTRACT BETWEEN YOU AND US, AND YOUR STATUS
2.1 After making a purchase, the user shall receive an e-mail confirming receipt of the order. Please note that this e-mail does not yet indicate that the order has been accepted. The order represents an offer to purchase a product from us. All purchases are subject to our acceptance and will be confirmed by an e-mail sent to you as confirmation that the product has been dispatched (‘Dispatch Confirmation’). The contract (‘Contract’) will only be concluded when the dispatch confirmation e-mail is sent.
2.2 The contract shall only cover products whose dispatch has been confirmed in the dispatch confirmation. We shall not be obliged to supply any further products as part of the purchase until the shipment of such products has been confirmed separately.
2.3 By making a purchase on our site, you warrant that:
(a) be legally capable of entering into binding contracts;
(b) be a ‘consumer’ (any natural person who, in his commercial practices, is acting for purposes which are outside his trade or business); and
(c) be at least 18 years old.
3. SHIPPING
3.3 We carefully select our couriers to ensure that your purchase is delivered on time. However, we cannot guarantee the aforementioned delivery times and are not liable for any delays.
3.4 To ensure that the products are delivered correctly, we require a signature upon delivery of the product. It is important that you or a person you trust be present to sign when the products are delivered. After you (or a person you trust) have signed for the delivery of the product, we shall no longer be responsible for the shipment of such products.
3.5 The location of the user’s destination may affect the cost and time for shipping the product.
4. RISK AND OWNERSHIP
4.1 The products shall be the responsibility of the user from the moment of dispatch.
4.2 Ownership of the products shall pass to you when all sums due are received by us, including shipping costs.
5. PRICE AND PAYMENT
5.1 The price of the products will be as stated on our website and is subject to change at our discretion, without notice.
5.2 In rare cases, the price of a product listed on our site may not be correct. We are committed to rectifying errors of this kind as quickly as possible, and in the event that we are unable to identify such an error prior to the purchase request, we will notify the user of the correct price before payment is made.
5.3 Prices include (where applicable) VAT and do not include shipping costs, which will be added to the total due, as set out on the relevant page of our website.
5.4 Prices are subject to change at any time, but such changes will not affect orders for which we have already sent a dispatch confirmation.
5.5 Our site contains a large number of products and it is always possible that, despite our best efforts, some products on our site show incorrect prices. We usually check prices at the time of dispatch; if the correct price is lower than the one indicated, we will charge the user the lower amount when the product is dispatched. If the correct price of a product is higher than the price indicated on our site, we usually, at our discretion, either contact the user before sending the product, or refuse the order by notifying the user.
5.6 We are under no obligation to supply the user with a product at the wrong (lower) price, even after sending a dispatch confirmation, if the error is obvious and indubitable and could reasonably have been recognised by the user as a price error.
5.7 If we are unable to accept your order, we shall, at our option, either not charge your credit or debit card or refund the full amount of that order.
5.8 Payment for all products shall be made by credit or debit card. We accept payment by Visa, Mastercard, Maestro and Amex. We will not charge any amount until the order has been dispatched.
5.9 By placing an order through our website, you represent and warrant that the payment details provided in the order are valid and correct and that following acceptance and processing by us of the order, payment will be made in full.
5.10 We are not liable for any fees or other amounts charged by the issuer or bank of your credit card as a result of our processing your credit/debit card payment in accordance with your order.
5.11 For payments made with debit or credit cards, all cardholders may be subject to authorisation or authentication. If your credit/debit card issuer or our service provider refuses to, or for any reason does not, authorise or validate payment, we shall not be liable for any delay or non-delivery in respect of the product(s) ordered.
5.12 By providing us with the relevant information, you authorise us to transmit or obtain, from time to time, from relevant third parties, information including (but not limited to) your name, address, telephone number, credit/debit card or credit reports, data to authenticate the identity and delivery address of the product(s), to validate the card used for payment and to obtain authorisations for payment of the product(s).
6. RIGHT OF WITHDRAWAL
6.1 If you enter into a contract as a consumer (“consumer” is defined in clause 2.3(b) above), you have the right, in accordance with the Consumer Protection (Distance Selling) Regulations 2000 (as amended), to withdraw from the contract at any time within fourteen working days, starting on the day after receipt of the products. In this case, you will receive a full refund of the price paid for the products (including the initial shipping costs subject to all customs duties and taxes paid and for which you did not receive a refund) in accordance with our return terms and conditions in clause 7 below.
6.2 If you wish to exercise the right described in clause 6.1 to withdraw from the contract, you must return the product(s), including all documentation and the original packaging immediately, in the same condition in which they were received, to the address PROFUMO DI ORTA LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO) Products that the user returns to us in accordance with the aforementioned clause 6.2 must be sent by courier and be traceable.
6.3 You shall be liable for any costs incurred in returning the products (including, for the avoidance of doubt, the payment of any import duties and taxes), except in the case of products sent by mistake or defective. If you do not return the products as requested, we may charge you an amount not exceeding the direct costs of recovering the products.
6.4 The user must take reasonable care of the products while they are in his possession. If you fail to comply with these obligations, we may refuse to accept the cancellation described in clause 6 and/or take action to obtain compensation.
6.5 Please note that nothing in Clause 6 shall affect the statutory rights of the consumer (“consumer” is defined in Clause 2.3(b) above). As a consumer, the user benefits from certain guarantees implicit in the contract. Please refer to clause 7.2(b) below regarding products that you consider to be defective.
. TERMS AND CONDITIONS OF RETURN
7.1 For the sake of clarity, we specify that we only refund or exchange products in the cases described and in accordance with clauses 6 and 7.2. In cases not covered by these clauses, we will not offer any refund or exchange. Online purchases may be refunded (or exchanged) by notifying PROFUMO DI ORTA IN LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO) (mentioned in clause 6.2 above).
7.2 When the user returns a product to us:
(a) because it withdraws from the contract in accordance with clause 6 above, we shall refund the price of the product in full (except as described in clause 6.3) as soon as possible and, in any event, within 10 days of receipt of the notice of withdrawal; or
(b) because it considers the product to be defective, we shall examine the returned product considering, among other points, whether and to what extent (if any) the product has been used and damaged. Part of our examination procedure will consist of discussing the product in question directly with the user and, if appropriate, a product replacement or refund will be considered. If we ascertain that the defect exists, we will either refund the price in full (including shipping costs for sending the product to you and returning it to us), or replace the product in question. If you choose to be refunded, we will process the refund due as quickly as possible, and in any event within 30 days from the day we have confirmed your right to a refund due to defects in the goods.
(c) except in exceptional cases, we will refund you using the same payment method and re-crediting the amount paid to the same credit card used to purchase the product.
8.1 We guarantee to you that each product purchased from us through our site is of satisfactory quality and reasonably fit for all purposes for which the products are commonly supplied.
8.2 If these general terms and conditions are not complied with by us, we shall be liable only for and to the extent of the purchase price of the product.
9. IMPORT DUTIES
9.1 If you purchase products on our site, paying for them in Euro, and wish to receive them outside Italy, they may be subject to import duties and taxes that are levied upon delivery of the product. The user is responsible for the payment of import duties and taxes. Please note that we have no control over these charges and are unable to estimate their amount. Please contact your local customs office before placing an order.
10. WRITTEN COMMUNICATIONS
Applicable laws require that certain information or communications be sent to you in writing. By accessing our website, you agree to communicate with us primarily by electronic means. We will contact you by e-mail or notices published on our website. For contractual purposes, by accessing this website you agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications provided by us electronically comply with the legal requirement that communications be in writing. This condition does not affect the user’s legal rights.
11. NOTICES
All notices sent by you to us should be addressed to PROFUMO DI ORTA LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO) or by e-mail to info@ilprofumodiorta.it. We may acknowledge receipt either by e-mail or postal address provided by you when placing your order, or in any of the ways specified in clause 10 above. Notice shall be deemed to have been received and properly served at the same time as it is posted on our website, 24 hours after it is sent by e-mail, or 3 days after the date of posting of any letter. To confirm that the notification has been made, it will be sufficient to check, in the case of a letter, that it has the correct address, has been correctly stamped and duly posted by the post office or mailed in a letterbox and, in the case of an e-mail, that it has been sent to the e-mail address specified by the addressee.
12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
12.1 The contract between us and the user is binding on both us and the user, as well as on our respective successors and assigns.
12.2 You may not transmit, assign, register or also transfer a contract or your rights or obligations arising therefrom without having requested and obtained our prior written consent.
12.3 We are entitled to convey, assign, register and subcontract or also transfer a contract or the rights and obligations arising therefrom at any time during the entire term of the contract.
13. EVENTS BEYOND OUR CONTROL
13.1 We shall not be liable for any failure to perform or delay in performing our obligations to you due to events beyond our control (“Force Majeure Event”).
13.2 “Force Majeure Event” means any act, event or failure to act, omission or accident beyond our reasonable control, including (without limitation):
(a) strikes, lock-outs or other industrial demonstrations;
(b) civil disturbances, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat or preparation for war;
(c) incendio, esplosione, tempesta, inondazione, terremoto, cedimento, epidemia o altra calamità naturale;
(d) inability to use the railways, shipping system, aircraft, motor transport or other means of public or private transport;
(e) inability to use public or private communication networks;
(f) acts, decrees, legislation, rules or restrictions of any government.
13.3 Our work shall be suspended for the duration of this event and we shall be granted additional time to perform the order. We shall do everything reasonably possible to terminate the force majeure event or to find a solution that enables us to fulfil our obligations towards you despite the force majeure event.
14. GENERAL PROVISIONS
14.1 Our failure to insist upon strict performance of any of your obligations under these terms and conditions, or our failure to exercise any rights or remedies under these terms and conditions, shall in no way constitute a waiver of such rights or remedies and shall not relieve you from the obligation to perform such obligations.
14.2 A waiver by us of action in a case of default does not constitute a waiver of action in future cases of default.
14.3 No waiver by us of the fulfilment of these terms and conditions shall be effective unless expressly formulated as such and communicated to you in writing in accordance with Clause 11 above.
14.4 Should any provision of these terms and conditions be deemed by a competent authority to be void, unlawful or unenforceable to any extent, such term, condition or provision shall, to that extent, be severed from the other terms, conditions and provisions, which shall remain valid to the fullest extent permitted by law.
15. COMPLETENESS OF THE CONTRACT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.
15.2 Noi e voi riconosciamo di aver stipulato il presente contratto senza fare affidamento su alcuna dichiarazione, impegno o promessa fatta dall’altra parte o che potrebbe essere dedotta da qualsiasi dichiarazione scritta o comunicazione nelle trattative tra le due parti prima del presente contratto, ad eccezione di quanto espressamente indicato nei presenti termini e condizioni.
15.3 We intend to rely on these terms and conditions and any documents referred to in respect of the subject matter of any contract. While we accept responsibility for such statements and representations made by our duly authorised representatives, please ensure that any changes to these terms and conditions are confirmed in writing.
16. RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We reserve the right to vary these terms and conditions from time to time to reflect changes in market conditions affecting us, changes in technology, changes in payment methods, changes in legal and regulatory requirements, and changes in management capacity.
16.2 You will be subject to the terms and conditions in force at the time you order items from the Website, except where changes to these terms and conditions are required by law or governmental authority (in which case the changes may apply to orders previously placed by you), or you have been notified of changes to these terms and conditions prior to the dispatch of the dispatch confirmation (in which case we will be entitled to assume that you have accepted the changes to the terms and conditions unless you have notified us otherwise within seven working days of receipt of the products).
17. APPLICABLE LAW AND PLACE OF JURISDICTION
Contracts for the purchase of products through our site or any dispute or claim arising out of or relating to such contracts or the subject matter or form thereof (including non-contractual claims and disputes) shall be governed by Italian law. Any disputes or claims arising out of or relating to such contracts or their form (including non-contractual claims and disputes) shall be subject to the exclusive jurisdiction of the Italian courts.
18. ALTERNATIVE DISPUTE RESOLUTION ADR/ODR
Pursuant to Art. 14 of EU Regulation No. 524/2013, we inform consumers residing in states belonging to the European Union that for the resolution of disputes relating to this contract and to the online services offered by this website, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/.
In compliance with the above-mentioned regulations, we also inform you that the e-mail address of Profumo di Orta is info@ilprofumodiorta.it.
