1. SUBJECT MATTER
1.1. The website www.salimbeniprofumi.eu, owned by Salimbeni Profumi S.r.l., with registered office in Corso Re Umberto I, n. 7, 10121 - Turin (TO), in the person of its pro tempore legal representative, registered at the Chamber of Commerce of Turin, At no. REA: 1263086 of the Register of Companies, P. IVA 12081930013, (hereinafter also "Salimbeni Perfumes") was made for the retail sale of ambient fragrances, as an example and not exhaustive: stick diffusers, scented candles, etc. (hereinafter also the "Products").
1.2. The following are the general terms and conditions governing the relationship between the Customers (as defined below) and Salimbeni Profumi about the sale of the Products.
2. SCOPE OF APPLICATION
2.1. These general conditions of sale (hereinafter "GTC") apply to purchases of the Products in the electronic catalog of Salimbeni Profumi at the time of the order and can be viewed online at the web address www.salimbeniprofumi.eu (hereinafter the "Site"). The images accompanying the descriptive card of a product have only an exemplary purpose to allow the best perception of the various colors. The images of the Products may not be exactly matching with the product itself but may differ in color and size, even in the accessories in the figure.
2.2. These Gtcs may be amended and/or updated at any time by Salimbeni.
2.3. Any changes and/or additions will be effective from the date of their publication on the Site.
2.4. The customer who accesses the Site to make purchases may be a consumer with this meaning: (i) the natural person acting for purposes unrelated to the entrepreneurial, commercial, craft, or professional activity possibly carried out (hereinafter "Consumer Customer") or a professional meaning: (ii) the natural or legal person acting in the exercise of his business, commercial, craft or professional activity (hereinafter "Professional Customer" and where it is not necessary to distinguish them within the present CGC also disjunctly the "Customer" and jointly the "Customers") is required, before sending the order, to read carefully the present GCV that have been made available to you on the Site and that will be available in every moment by the Customer also through the link contained in the e-mail confirming each order to allow the reproduction and storage.
3. APPLICABLE LEGISLATION
3.1. The legislation expressly referred to for distance contracts is provided for by Section II of Legislative Decree no. 206 of 6 September 2005 (hereinafter "Consumer Code") s.m.i. and for sales with electronic instruments by D. Lgs. 9 April 2003, n.70 s.m.i.
3.2. The sales contract between the Customer and Salimbeni Profumi will be governed and interpreted in accordance with Italian law.
4.1. To be able to purchase the Products on the Site - without, however, that this procedure involves an obligation to purchase on the registrant - each Customer must register on the Salimbeni profumi Site by choosing an username and a password and providing the following data personal:
- name, surname/name of the firm;
- date of birth.
- address of residence/seat;
- telephone number,
- address of dispatch if different from residence/place of business,
- tax code or VAT number.
The registration to the site, through the opening of a personal account, allows the registered user to:
- save and modify your data;
- access to all information relating to orders and returns;
- follow the status of the order;
- manage your personal data and update them at any time;
- take advantage of the dedicated services which may be activated from time to time;
- consent to the processing of personal data for the sending of newsletters by Salimbeni.
4.2. The data provided to Salimbeni Profumi will be stored upon registration, the processing of said data is subject to the privacy regulations, according to and for the effects of D. Lgs. N. 196/2003 and Reg. EU n. 679/2016 (c.d. "GDPR").
5. CONCLUSION OF THE CONTRACT
5.1. The sales contract between Salimbeni Profumi and the Customer shall be deemed to have been concluded with the acceptance of the order by Salimbeni Profumi. Acceptance will be sent by Salimbeni Profumi to the e-mail address communicated by the Customer when registering on the Site.
5.2. 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 staff of Salimbeni Profumi. The message reproduces all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, in the manner described in this document.
5.3. In case of non-acceptance of the order, the staff of Salimbeni Profumi guarantees timely communication to the customer.
5.4. In accordance with Legislative Decree no. 70 of 9 April 2003 on electronic commerce provisions, to place an order the Customer must:
- insert a product in the cart by clicking on the icon "Add to cart", near the product itself;
- at the end of the selection of the products included in the shopping cart, to proceed with the purchase, the customer must click on the "Checkout" button;
- the Customer must then register, access the Site with their credentials, or enter their data for a quick purchase without registering at the Site;
- the Customer can choose the shipping methods and must accept these GTS without reservation;
- the Customer can then proceed with the payment of the Products and delivery charges in the following ways: i) Visa, Mastercard, or American Express credit cards; (ii) Paypal express checkout or any other methods provided on the Site (as regulated in the following point); [Note: Check whether to insert other modes]
- at the end of the order the Site will automatically assign a unique number that will be reported on the final page of the purchase summary;
- Salimbeni Profumi, after checking the payment and the actual availability of the Product in case of multiple purchases as provided for in point 5.9 below, will send the Customer the confirmation of the order that contains the following information: i) number and date of the order; ii) detail of/i Product/s, quantity, price; iii) type of payment chosen; iv) cost of delivery; v) total order amount;
- the Customer undertakes to verify the correctness of the data contained in the order confirmation e-mail and to inform Salimbeni Profumi of any errors.
5.5. Once the order has been placed online, the Customer shall print, save electronic copies or retain these GTC as required by the Consumer Code.
5.6. By placing an order in the manner set out on the Site, the Customer declares that he has read all the information provided during the purchase procedure, has understood it, and fully accepts the GTC reported here.
5.7. These GTS form an integral part of the sales contract concluded between the Customer and Salimbeni Profumi.
5.8. Only the materially available products can be ordered on the Site. The integrated functionality of the availability of items in stock is precise, however, there may be small delays in communication between the actual stock in stock and the situation reported on the Site. Therefore, the availability of the article in some rare cases may not be guaranteed with certainty. If one or more items ordered are not immediately available for shipment, it will be the care of our staff, depending on the consistency of the order and the expected time for reassortment, choose to proceed with one of the following solutions:
- immediately evade the material available and send the missing products as soon as they are available again without charge for further shipping costs;
- contact the customer who will choose whether to receive the material in a single solution, delaying the fulfillment of the order, or cancel the products not available immediately.
5.9. In case of multiple purchases of Products, at the same time, by more than one Customer, Salimbeni Profumi reserves the right to verify, upon receipt of the order, the availability of the Product and, failing that, promptly notify the non-acceptance of the order sent.
5.11. Within the "Account" section in the Customer’s reserved area on the Site, it will be possible to view your account information, monitor the status of the order, any requests for returns, and make requests for delivery to multiple addresses.
5.12. To modify or cancel an order, it is necessary to contact Customer Service at firstname.lastname@example.org without delay and in any case no later than 12 hours after the order has been sent, referring to the details in the order confirmation e-mail.
5.13. In case of a request for copies of tax documents and/or personal changes, the Consumer must contact Salimbeni Profumi via e-mail to the administration address email@example.com indicating the type and the document number for which it requests the copy and/or correction.
5.14. The order will be stored in the database of Salimbeni Profumi for the time necessary for the execution of the same and, in any case, in terms of the law.
6. METHODS OF PAYMENT
6.1. Credit card details.
In case of purchase of the Products with payment methods Credit Cards Visa, Mastercard or American Express, after the online transaction, the reference bank will only authorise the commitment of the purchase amount. The amount relating to the goods processed, even partially, will be charged to the Customer’s credit card only when the goods are processed from our warehouse. In case of cancellation of the order, both by the customer and in case of non-acceptance of the same by Salimbeni Profumi, will be requested at the same time by our staff the cancellation of the transaction and the release of the amount committed.
The release times depend exclusively on the banking system and can reach their natural expiry (24 days from the date of authorisation).
Once the transaction has been canceled, in no case can Salimbeni Profumi be held liable for any direct or indirect damage caused by delay in the failure to release the amount committed by the banking system.
If the Customer’s order is processed beyond the 23rd day from the date of forwarding, Salimbeni Profumi will charge the Customer’s credit card the amount due, even if in advance on the delivery of the goods, to avoid the expiration of transaction authorization (24 days). Salimbeni Profumi reserves the right to request additional information from the Customer (e.g. telephone number) or to send copies of documents proving ownership of the Charter used. In the absence of the required documentation, Salimbeni Profumi reserves the right not to accept the order. At no time during the purchase procedure, Salimbeni Profumi can know the information related to the buyer’s credit card, transmitted via secure connection directly to the website of the bank that manages the transaction. No computer archive of Salimbeni Profumi will retain such data. In no case Salimbeni Profumi can therefore be held responsible for any fraudulent and undue use of credit cards by third parties when paying for products purchased on www.salimbeniprofumi.eu.
In the case of purchase of goods with PayPal payment method, upon conclusion of the online transaction, PayPal shall immediately debit the amount of the purchase made.
7.1. The selling price of the Products is expressed in Euro and includes VAT and any other tax due at the time of purchase.
7.2. All sales prices of the Products displayed and indicated on the Site are offered to the public according to art. 1336 civil code, subject to the price change by Salimbeni Profumi.
7.3. The sale price shall be considered valid until the order is accepted.
7.4. Any discount codes (%, 1+1, 3x2, or other mechanics), unless explicitly stated otherwise, are to be considered not cumulative.
7.5. Shipping costs and any ancillary charges (e.g. customs clearance), if any, but not included in the purchase price, will be indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained on the web page summary of the order.
8.1. Each order shipped is accompanied by a detailed Transport Document as required by D.P.R. December 21, 1996 n. 696. The invoice will be issued only if requested at the time of the order indicating the number of your VAT number in the appropriate field. The document can be downloaded from the specific section within your account on the website www.salimbeniprofumi.eu
NB: It is not possible to request the billing of an order previously processed.
9. METHODS AND DELIVERY COSTS
9.1. The Products will be delivered within 15 working days of purchase unless a different deadline has been agreed upon between the parties. The aforementioned delivery times are for indicative purposes only and, although usually respected, Salimbeni Profumi does not assume any commitment or guarantee of compliance with the same.
9.2. In no case, therefore, can be charged to Salimbeni Profumi direct and/ or indirect damage for late delivery.
9.3. The delivery takes place from Monday to Friday in the normal working time (9-18).
9.4. Salimbeni Profumi assumes no liability for disruptions attributable to force majeure in case it fails to execute the order within the time provided by the contract.
9.5. At the time of delivery of the Products by the courier, the Customer shall check that:
- the number of packages delivered corresponds to that indicated in the accompanying document,
- the products indicated on the packaging correspond to the actual amount indicated on the invoice/receipt;
- the packaging is intact, not damaged, or otherwise altered even in the closing materials (adhesive tape or strap).
9.6. The Customer acknowledges that the withdrawal of the Product is a precise obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the goods will be stored after 3 attempts of delivery. The customer is left with the "notice" of non-delivery. After 10 days of storage, the goods are sent back to the sender. In the event of failure to withdraw the Product within five working days of the first attempt to deliver, Salimbeni Profumi may invoke the right to terminate the contract according to art. 1456 c.c. Once the contract is terminated, the total amount paid by the Customer will be refunded, minus the costs of the delivery of the Product not completed successfully and the costs of return.
9.7. Any damage to the packaging and/or the Product or the mismatch of the number of packages or indications, must be immediately reported by the Customer in the transport document.
9.8. In any case, no liability can be attributed to Salimbeni Profumi in case of delay in the fulfillment of the order or delivery of what was ordered.
9.9. The delivery costs, which will depend on the destination, weight, and volume of the Products, shall be borne by the Customer and shall be clearly stated when placing the order. The payment of the goods by the customer will be made using the method chosen at the time of the order. Nothing is due more by the customer than the total order highlighted at the end of the purchase procedure.
10. RIGHT OF WITHDRAWAL
10.1. According to and within the limits of art. 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days from receipt of the purchased Products, to exercise the right of withdrawal, consisting in the possibility of returning the Products received and obtaining the refund of the price paid, without penalty and without having to provide any reason.
10.2. The aforesaid period shall begin on the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:
- in the case of multiple Products ordered by the Consumer Customer through a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
- in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. However, this right shall not be exercised:
- in the case of purchases of less than EUR 50 (except that the total consideration that the Customer must pay regardless of the amount of the individual contracts exceeds EUR 50);
- in the case of tailor-made or customised supplies of goods,
- in the case of the supply of sealed goods that do not lend themselves to return for hygienic or health protection reasons and which have been opened after delivery,
- in the case of the supply of goods in the case of the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Salimbeni Profumi by registered letter with return receipt to the address of Salimbeni Profumi S.r.l., Corso Re Umberto I, n. 7, 10121 - Turin - Italy or by PEC to firstname.lastname@example.org, and you can anticipate this communication via e-mail to email@example.com, which will not replace the registered letter.
10.5. Salimbeni Profumi following the withdrawal of the Consumer Customer, within 24/48 hours of receipt of the notification of the exercise of the withdrawal, must communicate by e-mail to the Consumer Customer a confirmation of the receipt of the intention to withdraw the same.
10.6. According to the law, the shipping costs for the return of the Products are borne by the Customer, which must be sent to the following address: Salimbeni Profumi S.r.l. at BI.BI.ESSE srl Via Chieri 85/3 10020 Baldissero Torinese TO - Italy, within fourteen days from the date on which he informed Salimbeni Profumi of his decision to withdraw from the contract (the deadline is met if the products are sent back by the Customer before the fourteen days expire).
10.7. In case of damage to the property during transport, Salimbeni Profumi will inform the Customer of the event (within the 5th day from receipt of the property in its warehouses), to allow him to lodge a timely complaint against the courier chosen by him and obtain a refund of the value of the property (if insured); in this case, the Product will be made available to the Customer for its return, simultaneously canceling the withdrawal request.
10.8. Salimbeni Profumi is not liable in any way for damage or theft/ loss of goods returned with uninsured shipments; on arrival in stock, the Product will be examined to assess any damage or tampering not arising from the transport. If the returned product is ruined, Salimbeni Profumi will withhold a percentage from the refund due, as a contribution to the costs of restoration.
10.9. Salimbeni Profumi shall also reimburse all expenses incurred by the Customer (purchase of the Product and original delivery of the same; those for the return are excluded) within 14 days from the notice of the right of withdrawal, and in any case upon receipt of the Product in return, by bank transfer or Paypal. The Customer will promptly provide the bank details on which to obtain the refund (name, surname, account holder, IBAN code).
10.10. The right of withdrawal shall, in any case, be subject to the following conditions:
- Salimbeni Profumi products are sold in special packages; these packages are considered to be an integral part of the products. Therefore, in order to regularly exercise the right of withdrawal by the customer, the purchased product must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and additional equipment to limit damage to the original packaging).
- the return, until the certificate of receipt by Salimbeni Profumi, is under the full responsibility of the customer;
- Salimbeni Profumi is not liable under any circumstances for damage, theft, or loss of the returned Products;
- on arrival at the return address mentioned above, the Product will be examined to assess any damage or tampering not resulting from the transport.
10.11. The Customer Consumer shall forfeit the right of withdrawal for lack of the essential condition of integrity of the Products (packaging and/ or it is content), in cases where Salimbeni Perfumes ascertains:
- the lack of or damage to the outer packaging,
- the lack of or damage to the original inner packaging,
- the absence of integral elements of the product (accessories, parts);
- damage to the product for reasons other than transport.
10.12. In the event of forfeiture of the right of withdrawal, Salimbeni Profumi will return to the customer the Product purchased, charging the same shipping costs, and will not proceed with the refund of the price paid.
10.13. Please note that the right of withdrawal is governed by this clause is reserved only to Consumer Customers; there is no right of withdrawal for Professional Customers.
10.14. If you need to communicate about returns and complaints, you can send an email to firstname.lastname@example.org.
11.1. In the event of a lack of conformity, or the delivery of goods which have faults or defects or are different from that provided for in the contract of sale, that is to say, unfit for the use to which a good of the same type normally serves, different from the description published on the site or that does not manifest the qualities promised, the provisions of the Legal Guarantee by art. 128 et seq. of Legislative Decree 205/2006 (Consumer Code).
11.2. Any failure or malfunction caused by accidental events or by the Customer’s responsibility or by use of the Product that does not conform to its intended use and/or to what is provided in the documentation shall be excluded from the scope of the legal warranty technique attached to the product.
11.3. Salimbeni Profumi is liable when the lack of conformity is manifested within two years of delivery of the Product unless a conventional warranty is provided beyond this deadline.
11.4. The Customer must report the faults or defect to Salimbeni Profumi within two months of discovery (except that Salimbeni Profumi has recognised or concealed the existence of the defect).
11.5. Proceedings for the enforcement of defects which are not intentionally concealed by the seller shall be instituted within twenty-six months of delivery of the goods (The Consumer Customer who is agreed for the execution of the contract may however always assert the rights referred to in this article provided that the lack of conformity has been reported within two months of discovery and before the expiry of the two years from delivery).
11.6. In the event of a lack of conformity, the Consumer may request, without charge (including shipping costs), restoration by repair or replacement, at his choice, unless the remedy is objectively impossible or excessively expensive compared to the other.
11.7. The above remedy is to be considered too expensive if it imposes unreasonable costs on Salimbeni Profumi compared to the other, taking into account: a) the value that the Product would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be experienced without significant inconvenience to the Consumer Customer.
11.8. Replacements shall be carried out within a reasonable time from the request and shall not cause any significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.9. The Consumer may, at his choice, request a fair price reduction or the termination of the contract if one of the following situations is used:
- replacement is impossible or excessively expensive;
- Salimbeni Profumi has not been replaced within a reasonable period;
- the replacement previously carried out has caused considerable inconvenience to the Consumer Customer.
11.10. After notification of the lack of conformity, the seller may offer the Customer any other remedy available, with the following effects:
i) if the Customer has already requested a specific remedy, the seller must implement it, with the necessary consequences regarding the start of the appropriate time for repairs or replacements, unless the Customer accepts the alternative remedy proposed;
ii) if the Consumer Customer has not already requested a specific remedy, the Consumer must accept the proposal or reject it by choosing another remedy according to this article.
11.11. A minor lack of conformity, for which it has not been possible or is excessively burdensome to remedy the substitution, does not give the right to terminate the contract.
11.12. The legal guarantee is limited to purchases made by Consumer Customers. Concerning Professional Customers, the provisions of the Italian Civil Code shall apply to Articles. 1490 and ss.
12.1. Any claim must be addressed to Salimbeni Profumi S.r.l. Corso Re Umberto I, n. 7, 10121- Turin - Italy.
12.2. Complaints made by e-mail or through the contact form of the site are not accepted and deemed valid.
12.3. For any problem or anomaly encountered, before embarking on the path of a complaint, we invite the customer to contact the staff of Salimbeni Profumi through the appropriate section on the website. In almost all cases, any problem is solved in a few hours.
13. PROCESSING OF PERSONAL DATA
The Customer’s data are processed by Salimbeni Profumi following the provisions of the legislation on the protection of personal data according to and for the effects of D. Lgs. n. 196/2003 and the GDPR, as specified in the information provided on the Site.
All the contents on www.salimbeniprofumi.eu, including texts, documents, trademarks, logos, images, graphics, their arrangement, and their adaptations are protected by copyright law and by the law protecting the Trademarks (Act of 22 April 1941 n.633 and subsequent amendments, Royal Decree n.929 of 21 June 1942 and subsequent amendments) and are copyrighted. The website www.salimbeniprofumi.eu may also contain images, documents, logos, and third-party brands that have expressly authorised Salimbeni Profumi for publication. Reproduction, even partial content, texts, documents, trademarks, logos, images, graphics, is prohibited. Any abuse will be prosecuted under the applicable laws.
15. COMPETENT FORUM
15.1. Any dispute relating to the application, execution, interpretation, and infringement of on-line purchase contracts line through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Customer Consumer and in any case the jurisdiction of the Italian State is competent.
15.2. Any dispute relating to the application, execution, interpretation, and violation of purchase contracts entered into online through the Site with a Professional Customer, however, will be the exclusive competence of the Court of Turin.