GENERAL TERMS AND CONDITIONS OF SALE
1 General Provisions
The Antiqua Firenze website https://www.antiquafirenzeprofumi.it/shop/ is owned by ITALIAN NICHE LAB SRLS © 2019, (hereinafter ITALIAN NICHE LAB), and includes the following identification data:
ITALIAN NICHE LAB SRLS © 2019 Registered administrative office Via Isaac Newton, 16/a 50018 Scandicci (FIRENZE) ITALY Registered in the Company Register of Florence under no. FI – 647300, Tax Code and VAT no. 06675510488.
Any information, request for support, claim or complaint can also be sent by email to email@example.com
This website is devoted to the online promotion and sale of perfumery, cosmetics and personal hygiene products manufactured and/or marketed by ITALIAN NICHE LAB.
ITALIAN NICHE LAB reserves the right, at any time, to amend these terms and conditions, in compliance with the relevant legal requirements, with effect from the date of publication on the website.
ITALIAN NICHE LAB observes the rules and regulations on distance contracts referred to in art. 50 et seq. of Italian Legislative Decree no. 206 of 6 September 2005, as well as the directive on e-commerce referred to in Legislative Decree no. 70 of 9 April 2003.
In this document, the term “Customer” means the natural person who performs the purchase under this Contract, for purposes not related to the commercial or professional activity carried out by the Customer itself.
The wording “online sales contract”, shall mean the purchase contract concerning the goods marketed by ITALIAN NICHE LAB, which is entered into by and between this latter and the Customer, in the context of a system of distance selling via telematic tools, organized by ITALIAN NICHE LAB on this website.
2 Object of the contract
2.1 By means of this contract, ITALIAN NICHE LAB sells and the Customer purchases, respectively, remotely via telematic tools, the tangible movable goods indicated and offered for sale on the website: https://www.antiquafirenzeprofumi.it/shop/
2.2 The products referred to in the preceding paragraph are displayed in the website www.antiquafirenzeprofumi.it/shop/ and a description thereof is given in the relevant information sheets; the picture accompanying the product description may not be fully representative of its features, but differ in colour, size, and ancillary products.
ITALIAN NICHE LAB expressly reserves the right, at any time, to add new Products, remove all or part of the products sold or displayed in the Product Catalogue, change the presentation or stop the marketing thereof on the website, without any obligation to give prior notice to the Customer.
2.3 These General Terms and Conditions of Sale govern the offer, the placing and the acceptance of purchase orders for products on www.antiquafirenzeprofumi.it/shop/ and do not govern, on the other hand, the provision of services or the sale of products by subjects other than the seller that are present on the same website via links, banners or other hypertext links.
Before placing orders and purchasing products and services from different subjects, we suggest that you check their conditions of sale.
2.4 ITALIAN NICHE LAB reserves the right to decline or cancel an order and/or lock the login of the Customer for any legitimate reason.
3 Conclusion of contract
3.1 The contract between ITALIAN NICHE LAB and the Customer is concluded through the Internet network via access, by the Customer, to the website www.antiquafirenzeprofumi.it/shop/ where, by following the procedures therein set forth, the Customer will perform the purchase of the goods marketed therein.
3.2 The purchase contract is concluded by completing the following procedure, available in English and Italian, that may always be corrected, changed and cancelled, until the order is submitted:
- by accessing the website www.antiquafirenzeprofumi.it/shop/ the Customer must add the desired products to the cart, complete all subsequent pages according to the instructions and electronically transmit to ITALIAN NICHE LAB the page with all his personal data and the purchase order;
- the order page contains a link to these general terms and conditions of sale and also contains information on the main features of each product ordered and the related price (inclusive of VAT), the possibility to choose the purchase payment method, the conditions for product delivery, the charges requested for transport and delivery in addition to the references to the general terms and conditions for the return of products purchased online;
- before proceeding to place an order, the Customer will be requested to identify and correct any possible errors occurred when completing the required fields and to carefully read the general terms and conditions governing the sale and the purchase, to print a copy thereof using the print option and save or request a copy for personal use;
- Upon completion of the procedure for placing the order, the Customer will be obliged to pay the price. This will happen by clicking on the “Place order” button at the end of the wizard;
- Once a contract has been concluded and the successful completion of payment has been verified, the seller shall process the order.
3.3 The order sent by the Customer shall be binding for ITALIAN NICHE LAB only if the entire order procedure has been correctly filled in in all its parts, without any error message highlighted by the website.
3.4 By placing an order the Customer declares that he has read and understood all the instructions given to him during the purchasing procedure and that he fully accepts these general terms and conditions of sale. By placing the order, the Customer expressly recognizes that this implies an obligation to pay the price and the other amounts due under these general terms and conditions of sale.
3.5 Failure to comply with the provisions referred to in the previous point, implies that the contract shall not be deemed concluded and effective between the parties.
3.6 ITALIAN NICHE LAB may not take charge of and process the order if there are no sufficient solvency guarantees, if the orders are incomplete or incorrect, or if the products are no longer available. In the above cases, the Customer will be informed by e-mail that the contract has not been performed and that ITALIAN NICHE LAB has not confirmed the purchase order specifying the reasons why.
3.7 The contract entered between ITALIAN NICHE LAB and the Customer shall be construed as concluded with the acceptance, even partial, of the order by ITALIAN NICHE LAB. Said acceptance is deemed to be implicitly given, unless otherwise communicated to the Customer by any means.
3.8 Pursuant to Art. 12 of Leg. Dec. 70 of 2003, ITALIAN NICHE LAB informs the Customer that every order placed is stored at its registered office in paper or electronic form, according to confidentiality and security criteria. The Customer may at any time request a copy thereof to ITALIAN NICHE LAB.
4 Methods of payment
4.1 Each payment by the Customer may only be made by means of one of the methods indicated on the website www.antiquafirenzeprofumi.it/shop/. Payment can be made by wire transfer or PayPal (payment by paypal account or credit card belonging to the system).
- Before being processed, all orders paid via the paypal system are subject to authenticity checks directly by the relevant card-issuing banks, in order to protect the Customer. If for any reason, it is not possible to debit the amount due, the sales process will be automatically terminated and the sale will be cancelled pursuant to art. 1456 C.C. The Customer will be duly informed by e-mail.
- All orders paid via wire transfer will be processed only once proof of payment has been received.
4.2 Notifications relating to the payment and the data communicated by the Customer upon payment take place on special protected lines and with all the guarantees given by the use of the security protocols provided by the payment systems.
- The selling prices indicated on the website www.antiquafirenzeprofumi.it/shop/ are inclusive of VAT and relate solely to the products being sold online. The price applied will be the one in force upon order placement and indicated in the order confirmation email, without considering increases or decreases in price, even for promotions, which have possibly occurred after order placement.2 If shipping costs are not included in the product price, they shall be indicated and calculated at the time of conclusion of the purchase process before payment.
5.3 It is not mandatory to issue an invoice, unless so requested by the Customer at the time the transaction is performed, pursuant to art. 22 of D.P.R. no. 633 of 26/10/1972. By sending the order to ITALIAN NICHE LAB the Customer agrees to receive the invoice/receipt in electronic format. The Customer may receive the invoice/receipt in paper format making a specific request to ITALIAN NICHE LAB. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
The Customer shall indemnify and hold ITALIAN NICHE LAB harmless from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by himself.
6 Product availability
6.1 Product availability refers to the time when the Customer views the product sheets; this must still be considered as purely indicative because, due to the fact that many users visit the website simultaneously, products could be sold to other customers before the order is confirmed. In any case, ITALIAN NICHE LAB cannot be held liable in the event of unavailability of one or more products.
6.2 In some rare cases it could happen that an order is transmitted and the price is paid for items that are no longer available. Should this happen, ITALIAN NICHE LAB will reimburse the Customer the amount paid for said items or, alternatively, the Customer may request and confirm in writing to receive alternative products, selected among those available at the moment, of equal value.
7 Delivery methods
7.1 ITALIAN NICHE LAB will deliver the selected and purchased products by courier to the address indicated by the Customer upon order placement. Shipment will be made within 3 days from receipt of the order, subject to successful completion of payment.
7.2 Orders will be processed as soon as received. ITALIAN NICHE LAB undertakes to deliver the products in the shortest possible time and, in any case, within 30 days from the date of conclusion of the contract.
7.3 The total amount of expenditure will be indicated before proceeding with the purchase confirmation.
7.4 If the delivery cannot take place within the stipulated thirty-day period for reasons not attributable to ITALIAN NICHE LAB, we will assume that the Customer might want to terminate the contract. As a result of the termination the amounts will be refunded, including the cost of the first delivery. The storage of goods not collected by the Customer and the transport resulting from the termination of the contract may have additional costs that will be borne by the Customer.
7.5 The goods shipped will be checked and will be delivered to the freight forwarder in perfect conditions. ITALIAN NICHE LAB shall not be liable for any delays or damage attributable to the fault of the freight forwarder.
7.6 The ordered goods are exclusively the result of the Customer’s choice. If the goods are rejected, ITALIAN NICHE LAB will charge the Customer all return transport costs.
7.7 Shipments are made throughout the Italian and European territory. Any other request should be addressed directly to ITALIAN NICHE LAB via e-mail at contacts@antiquafirenzeprofumi.
8.1 ITALIAN NICHE LAB assumes no liability in the event in which it fails to execute the order within the time frame of the contract as a result of disruptions due to force majeure or unforeseeable circumstances, as well as due to malfunctions and disruptions of the Internet network. Moreover, it does not assume liability for damage possibly arising from browsing its website.
8.2 ITALIAN NICHE LAB will not be liable for damage, losses and costs incurred by the Customer as a result of the non-execution of the contract, and the Customer shall only be entitled to a full refund of the price paid and of any extra charges incurred.
8.3 ITALIAN NICHE LAB cannot be held liable for the information, data and any technical inaccuracies or errors of any kind that may be contained in the website, if they have been communicated by third parties and have been verified by ITALIAN NICHE LAB according to ordinary diligence criteria.
8.4 ITALIAN NICHE LAB assumes no liability for any fraudulent and illicit use, by third parties, of credit cards, checks and other means of payment at the time of payment of the purchased products, if it proves that it has taken all possible precautions according to the best of its knowledge and belief and on the basis of the ordinary diligence.
9 Right of withdrawal
9.1 The Customer shall have the right to withdraw from contract without any penalty and without giving any reason within fourteen days from the day on which he or a third party other than the carrier and indicated by the Customer, acquires physical possession of the goods. In the case of a contract for multiple goods ordered by the Customer in one order and delivered separately, the withdrawal period shall run from the day on which the Customer or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good.
9.2 To exercise the right of withdrawal, the Customer must inform Via Isaac Newton, 16/a 50018 Scandicci (FIRENZE) ITALY, e-mail firstname.lastname@example.org of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) before the withdrawal period has expired.
9.3 If the Customer withdraws from this contract, he shall receive refund of all payments made in favour of ITALIAN NICHE LAB, including the costs of delivery (with the exception of any supplementary costs resulting from special delivery requests, storage or other that is not expressly included in the standard delivery cost), without undue delay and in any event not later than fourteen days from the day on which ITALIAN NICHE LAB is informed about the Customer’s decision to withdraw from this contract.
Said reimbursements shall be made using the same means of payment used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The above without prejudice to the right of ITALIAN NICHE LAB to withhold the reimbursement until it has received the goods back, or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
9.4 In the event of exercise of the right of withdrawal, the Customer shall send back the goods or hand them over to ITALIAN NICHE LAB SRLS, Via Isaac Newton, 16/a 50018 Scandicci (FIRENZE) ITALY, without undue delay and in any event not later than fourteen days from the day on which he has communicated his decision to withdraw from the contract. The Customer shall bear the direct cost of returning the goods.
9.5 The Customer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. ITALIAN NICHE LAB shall not be liable for the transport costs for returning the goods or for any loss or damage to the products attributable to third parties.
10 Guarantees and assistance modalities
10.1 To protect Customers the law provides for the legal guarantee of conformity for goods. In the event of receipt of products which do not comply with the sales contract, pursuant to Articles 129 et seq. of the Consumer Code, the Customer loses any right if he does not inform the seller of the lack of conformity within a period of two months from the date on which the defect was found. The complaint is not necessary if the seller has recognized the existence of the defect or has concealed it.
10.2 In any case, unless proved otherwise, any lack of conformity, which becomes apparent within six months of delivery of the goods, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
10.3 In the event of lack of conformity, the Customer can ask, alternatively and at no cost, under the conditions indicated below, for a repair or replacement of the goods purchased, or for a purchase price reduction or for the termination of this contract, unless the request is objectively impossible to satisfy or is excessively expensive for ITALIAN NICHE LAB pursuant to art. 130, paragraph 4 of the Consumer Code.
10.4 The request must be sent in writing by registered letter with acknowledgement of receipt to ITALIAN NICHE LAB Via Isaac Newton, 16/a 50018 Scandicci (FIRENZE) ITALY.
In response to the above, ITALIAN NICHE LAB will indicate its willingness to execute the request or the reasons that prevent it from doing so, within seven working days of receipt. If the Customer request is accepted, ITALIAN NICHE LAB should indicate, in the same communication, the arrangements concerning the shipment or return of goods, as well as the deadline for returning or replacing the defective product.
10.5 If the repair and replacement are impossible or too costly, or if ITALIAN NICHE LAB has not repaired or replaced the goods within the time limit referred to in the previous point or, finally, the replacement or repair previously performed have caused considerable inconvenience to the Customer, the latter shall have the right to claim, at his choice, an appropriate price reduction or request that the contract be terminated. In that case, the Customer shall send his request to ITALIAN NICHE LAB, which, in turn, shall indicate its willingness to execute it or the reasons that prevent it from doing so, within seven working days of receipt.
10.6 If the Customer request is accepted, ITALIAN NICHE LAB shall indicate, in the same communication, the suggested price reduction as well as the arrangements concerning the return of the defective product. In such cases, the Customer must indicate the method for the refund of any sums previously paid to ITALIAN NICHE LAB.
14.1 These General Terms and Conditions of Sale are constituted by the totality of the clauses that compose them.
14.2 If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
15 Applicable Law. Choice of Court
15.1 All contractual relations between the parties and these General Terms and Conditions of Sale are subject to Italian law.
15.2 Any dispute arising in connection with the application, interpretation and execution of these general terms and conditions of sale shall be submitted to the exclusive jurisdiction of the Court of the place of residence or elected domicile of the Customer, according to the laws in force on consumer protection.
16 Final Clause
16.1 This Agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously concluded between the parties concerning the object of this contract.