TERMS OF SALES

TERMS OF SALES

These general sales conditions are regulated by the Consumer Code (Legislative Decree. No. 206/2005, as amended) and by the rules on electronic commerce (Legislative Decree. No. 70/2003, as amended) and apply only to distance selling via the “Shown products” page on the Antiche Fragranze website.

OBJECT OF THE CONTRACT

1.1 With this contract, respectively, Antiche Fragranze as the Supplier sells and the Purchaser acquires at a distance through telematics the goods shown and offered for sale on the site www.antichefragranze.com

1.2 The products marketed by Antiche Fragranze referred to in the previous point are shown on the website of Antiche Fragranze and can be ordered by e-Commerce.

MODE OF EXECUTION OF THE CONTRACT

2.1 In order to make the order the Purchaser accesses the Internet site of Antiche Fragranze and indicates the desired goods by e-Commerce. The Purchaser also fills the fields regarding the desired goods as well as those regarding the shipping address.

2.2 The sending of the order implies full acceptance of these conditions of sale.

CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

3.1 The purchase contract is concluded by correctly filling in the application form and the purchase consensus expressed by the membership sent online and the following submission of the same form, always after viewing a printable web page with the summary of the order, in which the data regarding the payer and the order, the price of the purchased goods, the shipping fees and any other additional expenses, the methods and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal are shown.

3.2 When the Supplier receives the order from the Purchaser, they provide a confirmation e-mail or the printable display of a confirmation page and order summary, in which the data referred to in the previous point are also reported.

3.3 The contract is deemed not perfected and effective between the parties if the aforementioned points are not fulfilled.

PRICES

4.1 All product prices are shown on the website and they include VAT and are expressed in euros.

4.2 The prices shown are those that the customer has to actually pay. The shipping fee for the customer is shown in the Shopping Cart under “delivery.”

AVAILABILITY OF PRODUCTS

5.1 In case of temporary unavailability of an ordered product, we will carry out the partial sending of the order, or provide for the replacement of the unavailable product.

RULES OF PAYMENT

6.1 Each payment by the Purchaser may only take place by means of one of the following methods:

– BANK TRANSFER IN ADVANCE

– CREDIT CARD/PAYPAL

TIME AND METHODS OF DELIVERY

7.1 The Supplier will deliver selected and ordered products, by the method chosen by the Purchaser or indicated on the website at the time of supply of the goods.

7.2 The goods ordered by the Purchaser are delivered to the address indicated in the order form within 15 working days from receipt of the order. In any case, delivery time does not exceed 30 days from receipt of the order.

7.3 The method, timing and the shipping costs are clearly stated and well highlighted in the e-mail order summary that the Purchaser receives.

7.4 Delivery is usually from Monday to Friday throughout the day, at street level.

7.5 The goods which are not delivered due to the absence of the recipient remain in storage for several days: the customer must get organized in time or indicate another delivery address for the order.

7.6 All products leave our warehouse in perfect condition. The customer must report every little trace of impact (holes, dents, etc…) on the parcel to the carrier. Any anomaly must be indicated in the delivery order in the form of “handwritten reserves”, accompanied by the customer’s signature.

7.7 The goods travel at the risk of Antiche Fragranze. The risk will transfer to the customer upon delivery of the goods by the carrier commissioned by the Antiche Fragranze shipment.

LIMITATIONS OF LIABILITY

8.1 The Supplier assumes no liability for disruptions caused by major force, in case when they fail to execute the order within the time stipulated in the contract.

8.2 The Supplier shall not be liable to the Purchaser, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or the control of its sub-suppliers.

8.3 The Supplier will also not be liable for any damages, losses and costs suffered by the Purchaser as a result of failure to perform the contract for reasons not attributable to the Supplier. The Purchaser shall only be entitled to full reimbursement of the price and any directly attributable costs incurred.

8.4 The Supplier shall not be liable for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if the Supplier proves that they have taken all possible precautions based on the best knowledge and experience of the moment and according to ordinary care.

8.5 In no case shall the Purchaser be liable for any delay or disruption in the payment if they prove that they made the payment at the time and by the methods specified by the Supplier.

RESPONSIBILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGE: OBLIGATIONS OF THE SUPPLIER

9.1 According to Articles 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects of the sold goods should they fail to inform the injured party, within a period of three months from the request, of the identity and address of the manufacturer or the person who provided the good.

9.2 The above-mentioned request, by the injured party, must be in writing and must indicate the product that suffered the damage, the place and the date of purchase; it must also contain the offer regarding the product, if it still exists.

9.3 The Supplier shall not be held responsible for the consequences resulting from a defective product if the defect is due to conformance of the product to a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation did not yet allow to consider the product defective.

9.4 No compensation will be due if the injured party was aware of the product defect and the danger that it followed and nevertheless has voluntarily exposed themselves to it.

9.5 In any case, the injured party must prove the defect, damage, and the causal relationship between defect and damage.

9.6 The injured party may demand compensation for damage caused by death or personal injury or destruction or damage of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption and therefore mainly used by the injured party.

9.7 Damage to property in Art. 123 of the Consumer Code (the damage is compensable if caused by death or personal injury, destruction or damage of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption and therefore mainly used by the injured party) will, however, be compensable only to the extent that exceeds the sum of three hundred eighty-seven euro (387 euro).

WARRANTY

10.1 The Purchaser has no right if they do not denounce the seller of the lack of conformance within a period of two months from the date on which the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed it.

10.2 In any case, unless proved otherwise, it is assumed that the lack of conformance which becomes apparent within six months of delivery of the goods have already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformance.

10.3 In case of the lack of conformance, the Purchaser may ask, alternatively and without charge, under the conditions specified below, the repair or the replacement of the purchased goods, a reduction of the purchase price or termination of this contract, unless it is objectively impossible to satisfy the request or it is overly expensive for the Supplier pursuant to Art. 130, paragraph 4, of the Consumer Code.

10.4 The request must be sent in writing, by registered return receipt, to the Supplier, who will indicate their willingness to act on the request, or the reasons that prevent them from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Purchaser’s request, the Supplier must indicate the method of delivery or return of the goods as well as the deadline for the return or the replacement of defective goods.

10.5 If the repair and the replacement are impossible or overly expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or the repair carried out previously have caused significant inconvenience to the Purchaser, the Purchaser may request, by their choice, an appropriate reduction of the price or termination of the contract. In that case, the Purchaser must send their request to the Supplier, who will indicate their willingness to act on the mentioned, or the reasons that prevent them from doing so, within seven working days of receipt.

WITHDRAWAL

11.1 In case the Purchaser wishes to exercise their right of withdrawal it is necessary to contact Antiche Fragranze by phone at +39 0332-282460 to request the form and return the goods within 14 days via parcel post. The return of the goods is borne by the Purchaser.

11.2 Antiche Fragranze shall refund, within 14 days of receipt of the goods, the price of the order including standard delivery costs (excluding additional costs arising from the customer’s choice).

11.3 Refunds shall be made by bank transfer.

PROTECTION OF PRIVACY AND PROCESSING OF THE PURCHASER’S DATA

12.1 The Supplier protects the privacy of their customers and ensures that the data processing complies with the provisions of the privacy legislation of Legislative Decree June 30^th, 2003, No. 196 [1].

12.2 The personal and fiscal data collected directly and/or through third parties by the Supplier as a data controller, are collected and processed in printed, informatics or telematics form, in relation to treatment methods with the purpose of registering the order and provide the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (Article 24, paragraph 1, let. b, Legislative Decree No. 196/2003) [2].

12.3 The Supplier is obliged to treat the data and information provided by the Purchaser as confidential and not to disclose them to unauthorized persons or to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data can be disclosed only at the request of court or other body authorized by law.

12.4 Personal data will be disclosed after signing a confidentiality agreement, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.

12.5 The Purchaser has the rights under Article 7 of Legislative Decree No. 196/03, namely:

the right to:

a) update, correct or, when interested, integrate the data;
b) cancel, keep anonymous or block the data processed unlawfully, including the data which need not be kept for the purposes for which the data were collected or subsequently processed;
c) obtain certification that they were notified of the operations in letters a) and b), also regarding their content and to whom the data were communicated or disclosed, except when such requirement proves impossible or clearly disproportionate to the protected right. The party has the right to object, in whole or in part:
i) for legitimate reasons regarding the processing of their personal data, although pertinent for collection purposes;
ii) for the processing of their personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.

12.6 The disclosure of personal data by the Purchaser is a necessary condition for the proper and timely execution of this contract. Failing that, the request by the Purchaser can not be fulfilled.

12.7 In any case, the collected data will be kept for a period of time not exceeding that which is necessary for the purposes for which they were collected and subsequently processed. Their removal will take place in a safely manner.

12.8 The Supplier is the owner of the collection and processing of personal data, to whose corporate headquarters the Purchaser may direct every request.

METHOD OF STORING THE CONTRACT

According to Article 13.1. 12 of Legislative Decree No. 70/03, the Supplier shall notify the Purchaser that each sent order is stored in digital/paper form on the server/at the headquarters of the Supplier, according to confidentiality and security policies.

COMMUNICATIONS AND COMPLAINTS

The customer can contact Antiche Fragranze for any complaints, for each communication or reporting at this address: via Lanfranco Ligurno, 13 – Varese. Or by telephone number: 0332282460, or via e-mail address: info@antichefragranze.com.

The Purchaser must indicate at least one address that the Supplier will use for communications.

JURISDICTION

If either Party intends to appeal to the ordinary judicial authority, the jurisdiction shall be that of the place of residence or domicile of choice of the consumer, mandatory in accordance with Article 33, paragraph 2, point u) of Legislative Decree No. 206/2005.

APPLICABLE LAW

This contract is governed by Italian law.

[1] General measure of the Authority for the protection of personal data “Simplification of certain obligations in the public and private sector regarding the administrative and accounting purposes” of June 19^th 2008, published in the Official Gazette on July 1^st 2008, No. 152.

[2] General measure of the Authority for the protection of personal data “Practical guideline for simplification measures for small and medium enterprises” of May 24^th, 2008, published in Official Gazette of June 21^st, 2007, No. 142.