Conditions of sale

  1. GENERAL CONDITIONS OF SALE OF PROFUMO DI ORTA

In this page (and all documents here included and mentioned) you can find all terms and conditions through which we deliver goods (“Products”) indicated on our website www.ilprofumodiorta.it (“our website”) to the buyer. Please read carefully our terms and conditions before beginning to use our website. By transmitting a purchase order the buyer confirms knowing and accepting our terms and conditions. We suggest you save and print a copy of our terms and conditions for any future eventuality.

INFORMATION ABOUT OUR SOCIETY

www.ilprofumodiorta.it  is the website of the society situated in Orta san Giulio, 28016 (NO), Largo de Gregori nr.11 C.F. CRTSRN72L52G062W   P.IVA 02507590038

  1. STIPULATION OF THE CONTRACT BETWEEN THE BUYER AND US

2,1 After sending an order, the buyer will receive an email that confirms the seller has received the order. All orders are subject to our approval. An order will be confirmed as accepted through an additional email that the seller will send to the buyer to inform that the product has been sent (“Shipping confirmation”). The contract (“Contract”) will be signed only at the sending of the shipping confirmation email.
2,2 The contract will concern only the products whose shipping has been confirmed in the shipping confirmation. We will not be obliged to deliver other products until when the shipping of these products will be confirmed separately. 2,3 Placing an order on our website, the buyer guarantees to:
(a) be legally in a position to subscribe to binding contracts;
(b) be a “consumer” (any natural person purchasing the products for purposes other than business, artisan or professional activities he/she may carry out); and
(c) be at least 18 years old.

  1. SHIPPING

3,3 We choose carefully our couriers in order to guarantee that the purchase will be delivered according to the time schedule. However we cannot guarantee shipment times and we are not responsible for any delay.
3,4 To ensure that products will be delivered properly, we ask for your signature at the delivery of the product. It’s important that the buyer or a trustworthy person is there to receive the delivery and sign for it. After the buyer (or a trustworthy person) has signed for the delivery of the product, we have no more responsibility for the shipping of the products.
3,5 The buyer’s chosen destination could affect cost and delivery times of the product.

  1. RISK AND POSSESSION

4,1 The products become under the buyer’s responsibility when he signs the delivery note.
4,2 The possession of the products will pass to the hands of the buyer when we’ll receive all the amounts, shipping fees included.

  1. PRICE AND PAYMENT

5,1 The price of the products are indicated on our website and may change at our option, without warning.
5,2 Infrequently the price of a product on our website may be incorrect. We engage to correct those kind of mistakes as soon as possible; in case we are not able to find an error before the purchase request, we’ll inform the buyer about the correct price before accepting payments.
5,3 Prices include (where applicable) the VAT, however they don’t include the cost of shipping which will be added to the total amount, shown on the product ordering page of our website.                                                                                           5,4 Once the seller has sent the buyer a shipping confirmation, the price of the product will be set for that transaction and any change in price on the website will not affect that transaction. Future orders, however, will use the changed price.
5,5 Our website contains a lot of products and it will be possible that, despite our best efforts, sometimes they have wrong prices. Normally we verify prices at the shipping; if the right price is less than that indicated on the website we’ll charge the buyer the lower price. If the right price is higher than that indicated on the website normally, at our discretion, we will contact the buyer before shipping the product, or we will refuse the order and inform the buyer.
5,6 We have no obligation to provide the buyer a product at a wrong (lower) price, also after we have sent a shipping confirmation if the mistake is evident and undoubted and it could have been recognized by the buyer as a price’ mistake.
5,7 If we are not able to accept the order, at our discretion, we’ll either refrain from charging the buyer’s credit/debit card, or we’ll reimburse the total amount of this order.
5,8 The payment of all the products must be done through credit or debit card. We accept payment through Visa, Mastercard, Maestro and American Express. We’ll not charge any amount until order ships.
5,9 Placing an order through our website, the buyer states and guarantees that the payment details indicated in the order are valid and correct and that, after our acceptance and processing of the order, payment will be made for the whole amount.
5,10 We are not responsible of any extra fee or amount applied by the bank of the buyer credit card, after we cash the amount by credit/debit card, as established in the order.
5,11 For payments done by credit card, all the holders of credit/debit cards might be subject to authorization or authentication. If the issuer of the credit/debit card or our service provider refuse, or doesn’t authorize or doesn’t validate the payment for any reason, we are not responsible for any late or non-delivery of the goods.
5,12 Providing us relevant information, the buyer authorize us to transmit or obtain, each time, from third parties, information that includes (but is not necessarily limited to) name, address, phone number, credit/debit card or credit reports, and all data needed to authenticate the identity and the address for product delivery, to validate the card used for payment and to obtain authorization for product payment.

  1. RIGHT OF WITHDRAWAL

6,1 If the buyer signs a contract as consumer (“consumer” is defined at clause 2.3 (b) above), the buyer is entitled, in accordance to Consumer Protection Regulation (distance selling) dated 2000 (and following amendments), to withdraw from the contract at any time within fourteen working days, as from the day after the buyer has received the products. In this case, the buyer will receive complete reimbursement of the amount paid for the products (including the initial shipping expenses subjected to customs duties and paid taxes for whose he hasn’t received any reimbursement fees) following our refund terms and condition described in clause 7 below.
6,2 If the buyer exercises the right described in clause 6,1 to withdraw from the contract, the buyer must send the product back, with all original documentation and in the original packaging, in the same condition the buyer received. Product returns should be sent to the address PROFUMO DI ORTA LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO). Products that the buyer will send back according to clause 6,2 should be sent through courier via a trackable shipping method.                                                                                                                                                     6,3 The buyer is responsible of any cost for returning the goods (including import duties and fees, if any), unless in case of wrong or faulty products. If the buyer doesn’t send back the goods as required, we might charge an amount no more than the cost of recovery of the product.
6,4 The buyer should take diligent care of the products when they are in his hands. If the buyer doesn’t respect these obligations we reserve the right to refuse to accept the cancellation described in clause 6 and/or act in a way to obtain a settlement.
6,5 Please note that anyone of clauses mentioned in point 6 should compromise consumer legal rights (“consumer” is defined at clause 2.3(b) above).As consumer, the buyer takes advantage of the implicit guarantees in the agreement. We suggest you to refer to clause 7.2(b) below about the products that the buyer consider faulty.

  1. TERMS AND CONDITION FOR RETURNING THE GOODS

7,1 For clarity we specify the we reimburse or replace products only in cases described in clauses 6 and 7,2. Otherwise we won’t offer any reimbursement or substitution. Online purchases can be reimbursed (or replaced) through communication with PROFUMO DI ORTA IN LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO)  (mentioned at clause 6,2 above).
7,2 When the buyer returns a product:
(a) because the buyer withdraws from the contract according to clause 6 above, we’ll reimburse the whole price of the product (except for clause 6,3) as soon as possible and in any case within 10 days from receipt of notification of withdrawal; or
(b) because the buyer believes that the product is faulty, we’ll look at the returned product considering, between all the points, whether and to what extent (if any) product has been used and damaged. Part of our examination process will consist in discussing directly with the buyer and, in case, we’ll assess whether to substitute or reimburse the product. After we have verified the buyer’s claim, we will reimburse the entire price (shipping fees included) or to replace the product. If the buyer choose to be reimbursed, we’ll prepare the refund as soon as possible, and in any case within 30 days from the day we confirm the right to have the reimbursement because the goods are faulty.
(c) save in exceptional cases, we’ll reimburse the buyer using the same means of payment and crediting the paid amount on the same credit card used fur buying the product.

  1. OUR RESPONSIBILITY

8,1 We assure the buyer that all products bought through our website are of good quality and suitable for all the aims for which they are commonly used.
8,2 In case these general condition are not respected by us, we’ll be responsible only for the purchase price of the product.

  1. IMPORT DUTIES

9,1 If the buyer purchases products on our website, paying them in Euro, and would like to receive them abroad, they may be subjected to import duties and fees that must be paid at the delivery. The buyer is responsible of the payment for import duties and fees. Please note that we have no control over these taxes and that we are not in a position to estimate their value. We suggest you contact your local customs office before ordering.

  1. WRITTEN COMMUNICATION

Law requires that some information or communication must be sent in writing to the buyer. By accessing our website, the buyer accepts communicating with us mostly by email. We’ll contact the buyer through email or warnings posted on our website. By accessing our website the buyer accepts electronic communication and acknowledges that all agreements, warnings, information and other communication that we provide electronically are compliant with the legal provisions about dispatch of written notifications. This condition doesn’t prejudice legal rights of the buyer.

  1. WARNINGS

Warnings sent by the buyer must be addressed to PROFUMO DI ORTA LARGO DE GREGORI NR.11 28016 ORTA SAN GIULIO (NO) or through e-mail at info@ilprofumodiorta.it. We will give confirmation through e-mail or letter at the address supplied in the order, or in whatever way mentioned in clause 10 above. Warning will be considered as received and carried out when posted on our website, 24 hours after the dispatch of the email, or 3 days after the date of letter’s postmark. For confirmation that notification has been done please verify, in case of letter, that the address is correct, there is the stamp and it has been sent through postal office or mail box, and, in case of email, that it has sent at the email address specified by the buyer.

  1. TRANSFER OR RIGHTS AND OBLIGATIONS

12,1 The agreement between us and the buyer is binding for both, and also binds our successors and transferees.           12,2 The buyer will not transmit, transfer or register a contract, his rights or obligations, withour our written permission.
12,3 We have the power to transmit, transfer, register or subcontract, the rights and obligations at any time during the period of validity of the contract.

  1. EVENTS BEYOND OUR CONTROL

13,1 We are not responsible for non-fulfillment or late fulfillment of our obligations towards the buyer because of events beyond our control (“Force majeure”).
13,2 “Force majeure” means any act, event or its non-occurrence, failure or accident beyond our control, including (without any limitation):
(a) strikes and industrial demonstrations;
(b) civil unrest, riots, incursions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat or preparation for war;
(c) fire, explosion, storm, floodwater, earthquake, subsidence, epidemic or other natural disasters;
(d) impossibility to use railway, naval system, aircraft, motorized transportation or other private or public means of transport;
(e) impossibility to use public or private communication networks;
(f) deed, decrees, legislation, rules or restrictions of any government.
13,3 Our work will be suspended throughout the duration of the event and i twill grant us extra time for managing the order. We’ll do all in our possibilities to end the Force majeure event or find a solution that allow us nonetheless to fulfil the obligations towards the user,

  1. GENERAL PROVISIONS

14,1 Failed persistence from us for obtaining rigorous fulfillment of any obligation by the user pursuant to these terms and conditions will not represent a renunciation to these rights and doesn’t waive the user the obligation to comply these obligations.
14,2 Renunciation from us to act in case of non-compliance doesn’t represent a renounce to act in case of future non-compliance.
14,3 Any renunciation from us to fulfillment of these terms and conditions will have effects, in case not issued and transfer to the user in writing, in compliance to clause 11 above.
14.4 In case the competent authority will consider one of these terms and conditions non correct, completely of partially, this term will be separated from the other terms, that instead will continue to be valid, always following the law.

  1. COMPLETENESS OF THE CONTRACT

15,1 These terms and conditions at any document mentioned represent the full agreement between us and the buyer and replace any other spoken or written agreement or promise concluded between us and the buyer.                                       15,2 We both confirm that we have concluded this contract without relying on any pronouncement, undertaking of promise made by the other side or that can be inferred by other declarations, written communications prior to this contract, except what mentioned in these terms and conditions.                                                                                     15,3 We intend to rely on these terms and conditions and on any document mentioned about contract. No modifications to these terms and conditions is binding unless agreed to in writing and signed by our authorized representative.

  1. RIGHT TO CHANGE THESE TERMS AND CONDITION

16,1 We keep the right to change occasionally these terms and conditions to consider the changing of market conditions that can influence us, technological change, changing about means of payment, legal requirements and rules changing, management skills.
16,2 The buyer will be subjected to terms and conditions in force at the time of the order, except if modifications of terms and conditions have been required by law or government authorities (n which case the buyer will be provided an opportunity to modify the order), or the buyer has been informed about the modifications before we send the shipping confirmation (or the buyer disputes the modifications within seven working days from the receipt of the products)

  1. APPLICABLE LAW AND JURISDICTION

Purchase contract of products through our website, or any dispute and complaint on the purchase (including non-contractual disputes or complaints) are governed by the law of Italy. Any dispute or complaint on the contract (including non-contractual disputes or complaints) must be submitted to Courts of Italy.