TERMS AND CONDITIONS OF SALE
These terms and conditions govern the sales of products on the Site https://www.labsolueperfume.com/ and regulate their use.
The Seller reserves the right to periodically modify these Terms and Conditions of sale and the Privacy Policy, for example following changes at a legislative or regulatory level or in the functions of the Site. The aforementioned changes will be made known to Users through the Site with a specific notice and for a duration of 10 (ten) days from the date of the modification. The online sale of products on the Site is governed by the provisions of the Consumer Code Legislative Decree. n.206/2005 and the Electronic Commerce Code Legislative Decree. n. 70/2003. The Site's online store is hosted by Shopify Inc which provides the online e-commerce platform that allows you to sell the Seller's products. Below are the Terms and Conditions of sale applicable to any Product sold on the Site.
ART. 1 DEFINITIONS
For the purposes of this contract, it means:
Seller : ICR Spa Fiscal Code and VAT number and Reg. MI 02212910158 Via Forcella, 8 20144 Milan MI email: info@labsolueperfume.com .
Terms and conditions or Contract : the set of these contractual clauses that determine and define the relationships between the Seller and the Customer.
Platform or Site: the Site https://www.labsolueperfume.com/
Users: any person who accesses the Site and continues browsing it.
Customer: any person who purchases the products sold through the Site.
Consumer: the natural person who acts for purposes unrelated to a professional or entrepreneurial activity.
Products : retail sale, under the Electronic Commerce regime, mainly of personal perfumes, cosmetics, home fragrances, books, accessories and similar.
Purchase order or Order: the purchase proposal made by the User through the Site procedures and in particular through the Cart.
Purchase : the onerous purchase of the above products from the day of the conclusion of the purchase.
Cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and similar.
ART. 2 OBJECT
These Terms and Conditions of sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who makes, as a Consumer in accordance with current regulations, a purchase on the Site. If one of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.
ART. 3 DESCRIPTION OF THE PRODUCTS
The Site deals with retail sales, under the Electronic Commerce regime, mainly of personal perfumes, cosmetics, home fragrances, books, accessories and the like. All the products offered are described and illustrated within the Site, in the respective sections. The images of the Products on the Site are for demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular sales method, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.
The Seller also offers bearer Gift Cards for sale which can be purchased in euro denominations as defined on the Site and can only be used online at the official Site. The amount of the Gift card can be divided until the purchased threshold is reached. The User acknowledges and accepts that it will not be possible to convert the Gift card into cash which must be used for a maximum period of 12 months from purchase under penalty of losing the entire or residual amount.
ART. 4 PRICES AND ACCESSORY COSTS
The prices of the Products are displayed in euros. In particular, the following will be shown in detail in the cart:
- the price of the Product;
- delivery costs.
The Seller undertakes to constantly verify that all prices indicated on the Site are correct, without however guaranteeing the absence of errors. In the event that an error is found in the price of a product, the seller will allow the Customer the option of purchasing the product at the correct price or canceling the order. The prices of the online shop may vary. In such cases, the prices published at the time of the Order on the online store are considered. The seller reserves the right to implement particular sales conditions or promotions on the Products present on its site also in compliance with the provisions of the art. 17 bis of the Consumer Code. The conditions applied to promotions will be regulated from time to time by the Seller through specific written communications published on the site.
In the event of an IT, manual, technical or error of any other nature which could lead to a substantial change, not foreseen by the Seller, in the public sale price, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days from the day of cancellation, upon communication to the Customer.
The Seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in the case of use of promotions or discount coupons. If the Customer's behavior is found to be unlawful and incorrect, the Seller will promptly notify it and proceed with the cancellation of the purchase order.
ART. 5 REGISTRATION
In order to be able to make purchases on the Site, the User can register and enter their personal data. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. It is forbidden to use temporary emails for registration. In cases of abuse, the Seller reserves the right not to accept the registration, to revoke it, as well as to report it to the competent authorities for intervention. All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them to complete orders and only if explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User will be able to purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided on the Site itself. When purchasing the Products, the Customer must follow all the instructions contained in the specific page of the Site. To purchase the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions. contained on the specific page of the Site. You will find a summary of the main commercial conditions, including the price, means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the Product he wishes to purchase in the appropriate "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy , you will need to select the desired payment method and proceed with the payment
The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer via an email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which involve the delivery of the Products ordered in some disadvantaged geographical areas.
The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time starting from the moment in which the Customer sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.
ART. 7 PAYMENT METHODS
The payment methods available on the Site are as follows:
Credit card
If the Customer chooses to pay by credit card, the amount is charged directly to the card (Visa, Visa Electron, Mastercard) or to a prepaid card (PostePay, PayPal, etc.). Customer information is confidential as no financial information is saved. A confirmation email will be sent for each transaction performed. In case of cancellation the amount will be refunded to the Customer's account. The Customer acknowledges and accepts that the Seller will not be held responsible in the event of a delay or failure to deliver a product if the Customer's credit card issuer refuses or does not authorize the charge for any reason.
ART. 8 PRODUCT SHIPPING AND DELIVERY TIMES
All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturday and Sunday will not be processed until the following Monday.
For each order placed on the Site, the Seller issues a receipt for the goods shipped. For issuing the receipt, the information provided by the Customer at the time of the order is valid. No changes to the receipt will be possible after it has been issued.
The Seller is not responsible for unforeseeable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the day on which the Customer sent the order unless the Seller informs the Customer within the same period of the unavailability, even temporarily, of the products ordered.
In case of unavailability of the product, the amount already paid by the Customer will be refunded within 14 days of the aforementioned communication. For each order placed on the Site, the Seller issues a receipt for the goods shipped. For issuing the receipt, the information provided by the Customer at the time of the order is valid. No changes to the receipt will be possible after it has been issued.
The Seller will deliver the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are approximately delivered within 3-5 working days and within 7 working days in remote areas and islands. Products shipped within the European Union are delivered approximately within 5-8 working days of shipment. The delivery terms indicated above are purely indicative and non-essential. Any variation to the above will be promptly communicated via e-mail to the Customer.
The cost of shipments for orders of amounts at thresholds defined on the website may be free. No compensation can be requested from the Seller in the event of damage due to delay and/or interruption, and/or total or partial suspension of deliveries not dependent on the Seller's own actions and fault. This also applies to cases of delays, interruptions or suspensions due to causes such as, but not limited to, work interruptions, trade union unrest, delays attributable to suppliers, energy deficiencies, suspension of transport.
When the package is shipped, the tracking number will be sent via email which will allow you to follow the entire shipment route by going to the carrier's website. At the time of delivery, the Customer acknowledges and accepts that a person expressly delegated by him must be present or must be present, exempting the seller from any liability.
At the time of delivery, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered, including the closing materials. In the event that a product arrives that has been damaged during transport or is different from the one ordered, the Customer must sign the goods receipt document presented by the courier by inserting the words "ACCEPTED WITH RESERVATION BECAUSE DAMAGED". This will make it easier and quicker to obtain any reimbursement for damage attributable to transport. Furthermore, the Customer must photograph the package and the goods, so as to be able to demonstrate any damage. The Customer may request a replacement from the Seller via email info@labsolueperfume.com and the Seller will send the correct product back and collect the product to be replaced from the Customer's home at his expense. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including transport documents. In any case, you will be contacted as soon as possible by the Seller to be informed about the product replacement times. In consideration of the place of delivery of the goods, the Products purchased may be subject to import taxes and/or customs duties, the amount of which may vary depending on the country of destination. It is therefore not possible to predict in any way whether and what costs would be incurred for customs clearance of the purchased goods. Consequently, any costs relating to import taxes and/or customs duties will be the sole responsibility of the Customer. In the case of export of goods to countries outside the EU, the relevant customs duties are borne by the Customer. The customs duties due vary depending on the country of destination. The Customer has the obligation to inform himself about the relevant regulatory provisions and the related responsibility rests on him. Customs duties are not considered shipping costs and therefore burden the Customer.
ART. 9 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer on the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the purchased product and to obtain a refund of the expense incurred within 14 days. To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to communicate to the Seller that you wish to withdraw in whole or in part from the purchase by means of any explicit declaration to this effect by e-mail to the address: info@labsolueperfume .com
Within the same period, the Customer must arrange, using a shipping method of his choice, to ship the goods reinserted in their original packaging, intact and in perfect condition complete with all its parts, and carefully packaged to the Seller's headquarters.
The package must include all documents received. It is advisable to insure the shipment against theft and transport damage. Cash on delivery parcels will not be accepted.
The only costs required are those relating to returning the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, within and no later than 14 days, the Seller will refund the cost of the goods shipped. Costs incurred for returning the goods are excluded from the refund. The refund will take place in the same way as the payment made by the Customer. The transport risks for returning the Products are entirely borne by the Customer, as are the costs necessary for returning the Products subject to withdrawal.
Without prejudice to the above, please note that the Customer is responsible for the decrease in the value of the Products resulting from handling of the goods other than that necessary to establish their nature, characteristics and functioning.
The Customer acknowledges and expressly accepts that:
- the right of withdrawal does not apply to products received more than 15 working days ago (in this case the return of the goods will be refused).
- the right of withdrawal cannot be exercised if the products purchased have been used even partially.
- the right of withdrawal is excluded in the case of purchase of packaged products whose original packaging has been tampered with, opened, the warranty seal removed or damaged by the Customer.
- the right of withdrawal is excluded in the case of purchase of packaged and sealed products which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.
ART. 10 LEGAL WARRANTY
The Consumer Customer has the right to the 24-month legal guarantee pursuant to Legislative Decree 206/2005 and its subsequent amendments. The Customer acknowledges and accepts that certain products are made using natural materials which can change colour, smell and consistency over time, without this causing a defect of non-conformity. Furthermore, the Customer must carefully observe the deadlines indicated on the cosmetic packaging which will vary based on the type. In case of receipt of Products that do not conform to the orders or are defective, the Customer must communicate this via e-mail to the Seller, accompanying any photographs and details. To take advantage of the guarantee it is necessary to show the purchase documents.
In the event of a lack of conformity of the goods, the consumer has the right:
- to restore compliance,
- or to a proportional reduction in the price,
- or upon termination of the contract.
ART. 11 FORCE MAJEURE
The Seller assumes no responsibility for disservices attributable to force majeure which prevented, in whole or in part, from executing the contract within the expected timeframe. The Seller is not responsible towards the Customers for any damages, losses and costs suffered as a result of failure or delayed execution of the contract, the Customer having the right only to a refund of the price paid.
The Seller is not liable for damages resulting from disconnection, interruptions to the Site, as well as loss of data resulting from this and attributable to it.
In case of force majeure, the execution of the Order will be suspended. This suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the related subdomains and all intellectual and industrial property rights relating to them, are the exclusive property of the Seller, are reserved to it and are not nor will they be transferred or licensed under any circumstances to Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit to other websites, transfer or otherwise make available to third parties for any reason or in any case use for purposes other than storing and/or consulting the Sites and /or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 13 FAILURE TO EXERCISE A RIGHT
Failure to exercise a right by the Seller does not represent any waiver of taking action against the Customer or against third parties for the violation of undertaken commitments. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.
ART. 14 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed based on the principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of the Personal Data. The Processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. The User's Data is collected for the execution of pre-contractual measures; to fulfill the obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests addressed to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications regarding the Products purchased without the need for the User's express and prior consent, as required by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree. n.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data ( Privacy Policy ) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required ( Cookie Policy ).
ART. 15 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law.
Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive jurisdiction of the Court of the judge of the Consumer's place of residence (so-called consumer court).
ART. 16 DISPUTE RESOLUTION
According to article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the European Union ODR platform. For more information contact the Seller.
ART.17 COMMUNICATIONS
For further information of any kind you can contact the Seller at the following addresses: info@labsolueperfume.com.
Pursuant to the articles. 1341 and 1342 cc, the Customer declares to have carefully read and to accept all the clauses of these Terms and Conditions of sale and in particular those of articles 3, 8, 9, 10, 11, 12 and 15