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Identification of the Seller
The goods covered by these general conditions are offered for sale by Maison de Parfum s.r.l. with registered office at Via John Fitzgerald Kennedy 45, San Lazzaro di Savena, Bologna, 40068 (BO). VAT Number/Tax Code 03954221200 (hereinafter simply "Seller" or "Maison").
1. Acceptance of the conditions of sale
2. Price
3. Method of purchase of products Sale Samples
4. Method of payment
5. Delivery of products
6. Defects, non-conformities and damage to products
7. Method of shipment
8. Right of withdrawal and terms for its exercise Replacement with another product Exclusion of the right of withdrawa
9. Complaints
10. Liability
11. Warranties
12. Communications
13. Protection of confidentiality and privacy
14. Jurisdiction and venue
15. Final clause
1. ACCEPTANCE OF THE CONDITIONS OF SALE
These general conditions take effect from the day of the conclusion of this contract and are subject to update, integration or modification at any time by Maison, which will provide timely notice through the website www.maisondeparfum.it in order to make them fully effective for all future purchases.
All purchase orders will be submitted by the purchaser to Maison upon registration with the site or by completion of the online purchase procedure.
Prior to the completion of the purchase procedure, the purchaser is required to carefully examine these general conditions of sale. In this regard, please note that the submission of the purchase order confirmation implies their full knowledge as well as their full acceptance. In fact, by confirming the order - by clicking on the "Conclude purchase" button - the purchaser declares that he/she has consciously accepted the content and conditions of the order placed and, more specifically, these general conditions of sale, the price of the products, the volumes, characteristics, quantities and delivery times of what he/she has ordered. In addition, the purchaser declares, by doing so, to accept the terms of payment - which will be explained below - taking, also, note that the Maison does not consider itself in any way bound to different conditions unless previously agreed in writing.
N.B: Acceptance of the conditions of sale must be manifested through the exact completion of all sections of the electronic form, following the on-screen instructions and, finally, selecting and, then concluding the purchase.
All sales transactions are regulated for the consumer by the regulations set forth in Legislative Decree September 6, 2005, n. 206 c.d. Consumer Code and subsequent amendments.
As regards, however, the protection of confidentiality we refer to the discipline enshrined in the GDPR 679/2016 and Legislative Decree 30 June 2003, No. 196 as amended and supplemented.
Lastly, for the contractual conditions that apply to business users, express reference is made to the latest provisions set forth in EU Regulation 1150 of 2019.
2. PRICE
The price of each product that Maison offers on its website is explicitly indicated in EUR by referring to the prices in force at the time the order is sent by the purchaser. Therefore, Maison may change the prices indicated at any time without prior notice, taking care to promptly notify the buyer before sending any order.
The prices of the products are considered inclusive of 22% VAT but are considered excluded from any charge for the shipment of goods. Depending on the place of destination of the order, the price of shipping is different. For the specifics inherent to this issue, please refer to the section "Shipping Costs" present within these General Conditions of Sale.
3. HOW TO PURCHASE PRODUCTS
With the submission of the order by the purchaser, a purchase proposal on the selected products is transmitted to Maison. The procedure will be considered perfected upon receipt of an e-mail confirmation by Maison, which will thus communicate the receipt and acceptance of the order placed by the customer.
N.B: In the event that, after taking charge of the order and receipt of confirmation by e-mail, there is an unavailability of a desired product, Maison will promptly contact the buyer in order to inform him of the eventuality. In particular, it may be suggested the replacement of the missing product with another available product or, alternatively arranged the total cancellation of the order or its partial fulfillment with consequent refund of the price of the missing product.
The order will be partially processed only after confirmation from the Buyer.
In case of total or partial cancellation of the order, no charge will be applied to the Buyer and the Buyer will be informed by email of the cancellation. Maison reserves the right to suspend or cancel the fulfillment of an order and/or its delivery, regardless of the nature and progress of the fulfillment, in case of non-payment or partial payment of any amount due by the Buyer, in case, also, of problems with the payment, technical problems and in all those cases in which in Maison's insidable judgment there may be a practice potentially detrimental to the selective distribution contracts of the products or in case of fraud or attempted fraud relating to the use of Maison's website even with reference to previous orders.
The buyer will be duly notified of the rejection of the order by Maison. The buyer will be notified of the inability to accept the order within 30 days of placing the order.
Receipt of the order does not bind Maison until the same has expressly accepted the order by "Order Processing Confirmation E-mail". It should be noted that upon receipt of the order by the Buyer, the system will automatically send an e-mail of acknowledgement summarizing the order received, which should not be understood as formal acceptance of the same. The Maison, with a subsequent e-mail, after checking the availability of the chosen product, will confirm and formally accept the order received.
The Buyer expressly grants the Seller the right to accept even only part of the order placed (for example, in the event that not all the products ordered are available). In this case, the contract shall be deemed to have been concluded with respect to the goods actually sold.
The Buyer expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity carried on.
Maison shall be entitled to collect the full price of the Order:
- for payments made by credit card, from the moment the Order Processing Confirmation e-mail is sent;
- for payments made by other payment methods from the moment of sending the e-mail informing the Buyer that his Order has been shipped.
Maison recommends that the Buyer keep the e-mails received in paper or electronic form. The Buyer is informed that these e-mails will be sent to the e-mail address entered by the Buyer at the time of purchase. Maison shall not be liable in the event that an invalid e-mail address is entered and/or the Order Confirmation e-mail is not received for reasons not directly attributable to Maison. In this case, the sale will be considered as final.
The Buyer is allowed the option to cancel the order by contacting Maison directly.
N.B: In this regard, please note that orders in preparation cannot be cancelled. In such cases it will be necessary to request a return.
SAMPLE SALE
The sale of samples is intense as a service offered by the Maison to enable Customers to try all our fragrances and thus avoid closed-box perfume purchases. The samples are prepared one by one according to the choices made by the Buyer when ordering. They are hand-infused by the Maison through the opening of original perfume bottles - categorically excluding any implication in this procedure of testers or free samples provided to the Maison by the companies with which it collaborates and for which the sale is expressly forbidden - they are packaged in personalized cards in which the name of the fragrance and the brand to which it belongs are handwritten. By virtue of what has just been emphasized, the price attributed to each sample thus constructed is not parameterized exclusively to the content of the vial but is also considered to include the work involved in its creation.
4. METHOD OF PAYMENT
Payment may be made by bank transfer, credit card charge or cash on delivery (with a surcharge of 5 € on the total order placed).
Maison guarantees the security of all money transactions made using credit cards by adopting the secure online payment system PayPal and PayPlug. Credit card information will be processed exclusively by PayPal and PayPlug for useful and necessary checks in order to authorize the online payment. Under no circumstances will Maison have access to the credit card data but will only manage the buyer's data (first name, last name and shipping address) essential to proceed with the shipment of the products ordered.
Payment may also be made through the Stripe portal, a system of payment in 3 installments without the application of any additional interest for the Buyer.
For its part, the Buyer warrants to Maison that it has the necessary authorizations to use the payment method chosen for its order at the time of its submission.
Ownership of the products ordered shall remain with Maison until the full consideration for the order, vat, shipping charges, taxes and other mandatory contributions (where applicable) are paid in full by Buyer.
Payment Methods:
All Orders are payable in EUR, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer (even in the event of a refund).
N.B: If the Buyer has set bank transfer as the method of payment please note that in case of non-payment or late payment (more than 3 days) the order will be canceled.
All orders, before being processed, are checked for genuineness directly by the relevant credit card issuing institutions, for the protection of the customer. If, for any reason whatsoever, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be informed by automatic e-mail communication.
5. DELIVERY OF PRODUCTS
The products ordered by the Buyer will be delivered to the delivery address indicated by the Buyer as the delivery address on the order placed. In this regard, please note that it is always possible to enter two different addresses for shipping and billing (if, for example, the order concerns a gift to be delivered directly to the recipient).
Should the Buyer wish to change the delivery address after the shipment has been made, the same Buyer will be charged for the cost of the change and the new and different delivery unless the Buyer decides to personally go to the GLS office to pick up the package.
Purchase invoices, if requested, will be available in their tax drawer after a few days the order has been processed.
Maison will deliver the selected and purchased products by express courier to the address indicated by the Customer when placing the order, as confirmed in the confirmation e-mail.
Orders will be processed as soon as they are received and Maison is committed to deliver the products as soon as possible and in any case within 30 days from the date of conclusion of the contract (i.e. from the Buyer's receipt of the online confirmation of the order).
The total amount of the charges will be visible before proceeding with the confirmation of the purchase.
The goods ordered depend solely on the will of the Customer. If it is refused, without a valid reason, the Customer will be charged for round-trip transportation costs.
6. DEFECTS, NON-CONFORMITIES AND DAMAGES TO THE PRODUCTS
The Buyer or the recipient of the order is invited to check the condition of the package and the products contained therein upon delivery. In the event of explicit anomalies concerning the packaging (e.g. damaged or opened package, traces of liquids, etc.) and/or the products ordered (e.g. missing, defective or damaged products), the Buyer is required to return what has been received to Maison according to the procedures outlined below.
N.B: Failure to comply with the correct procedure of resending the goods excludes any recourse against the carrier and/or Maison including the right to a refund of the Order or the return of the products ordered.
To access the return procedure you must promptly contact Maison by email, within 48 hours of receipt of the goods, indicating the reference of the order, the reason for return (damage or non-compliant order) and attaching any photographs of the damage or anomaly found on the product.
Maison will provide a full or partial refund using the same method of payment chosen at the time of purchase or if it is cash on delivery will be arranged for reimbursement by bank transfer.
The Buyer, or the recipient of the Order, may contact Maison to find out how to return the damaged, non-conforming and/or defective product(s).
In the case of an order placed with advance payment will be made a partial refund, reduced by an amount of 7 € equal to the costs incurred by Maison to return the goods.
Procedure that must necessarily be followed in case of obvious damage to the package for its return to Maison:
In case of abnormality of the parcel noted in the presence of a manager of GLS express courier shipments (e.g. tampered with, damaged or wet parcel) it is essential to REFUSE the delivery and have written on the courier document the set of reservations regarding the anomaly in a clear and detailed manner.
Subsequently, it will be necessary to forward to Maison a special report regarding the rejection of the goods to the email address shop@maisondeparfum.it or by calling +39 051462001 from Tuesday to Saturday 9-12.45/ 15.30-19.
Procedure that must necessarily be followed in case of damaged or defective product:
In order to request the return of the ordered goods you will need to enter your personal account, select the "Returns" section, indicate the order number and follow the instructions indicated by the system.
You will then receive a confirmation email indicating the correct procedure for sending the products.
Maison may ask for information regarding the identity of the Buyer or the recipient of the Order and make any verification that may be useful.
In the event that the Buyer is not registered at www.maisondeparfum.it and therefore does not have access to the personal area, he/she should contact Maison to receive guidance on the correct procedure to follow to make the return.
Once the products have been received, Maison will verify that these products are indeed defective or damaged and, if this verification is positive, Maison will credit or replace the non-conforming product as soon as possible. Shipping costs will be borne entirely by Maison. In the event that Maison is unable to proceed with the replacement of the products, it will immediately notify the Buyer at the e-mail address provided at the time of registration of the purchase and will proceed to refund the cost incurred for such products. The refund of the price will be made by Maison in the manner chosen at its discretion as soon as possible, and in any case within 30 (thirty) working days from the date on which it receives the products.
In the event that, after examining the returned products, Maison reasonably believes that the products cannot be considered defective or damaged the Buyer will not be entitled to a refund and the products will be returned to him/her, with shipping costs charged to the Buyer.
7. PRODUCT SHIPPING METHODS
Our deliveries are made by GLS courier service, which delivers in 24/48 hours after the goods are shipped. However, for shipments in Europe and abroad we rely on Fedex courier service.
Shipping charges
Shipping costs will be considered depending on the total amount of the order placed as well as the destination to be reached.
In particular, for orders of less than 50 €, the cost of the service corresponds to:
- 7 €, vat included, for all destinations located in Italy (with the exception of the Major Islands and Calabria).
- 9 €, including vat for all shipments addressed to Sicily Sardinia and Calabria
- SHIPMENTS TO EUROPE: 15 € for orders under 50 € and 10 € for orders over 50 €
- SHIPMENTS TO AMERICA from 90 €. For this last hypothesis, there are different brackets that vary in relation to the amount spent which is equivalent, therefore, to the volume of goods shipped. In any case, the maximum cost is 250 €.
For all orders over 50 € with destination located in Italy, shipping is always considered free.
In each package packaged by the Maison will be included complimentary samples of perfumes or cosmetics for which you can indicate any preferences in the order notes.
Shipping Timelines
All orders are processed upon receipt of payment with a timeline ranging from 1 to 4 business days.
N.B: in case of stock errors, if the product is temporarily unavailable, Maison will promptly contact the customer via e-mail to agree on delivery times or, alternatively, to replace the missing product with another available. It will also be possible to request partial fulfillment of the order.
For purchases made during periods characterized by a particular influx of orders, the preparation of the order and, consequently, its delivery may be delayed a few days. In any case, Maison undertakes to ensure delivery of orders placed within 14 days of receipt of the same and in any case no later than 30 days.
Orders placed on Saturdays and Sundays will be entrusted to the courier on the next working day useful excluding holidays.
8. RIGHT OF WITHDRAWAL AND TERMS FOR IT EXERCISE
For the protection of consumers who enter into distance contracts, Articles 50-68 of Legislative Decree September 6, 2005, No. 206 as subsequently amended, regulate the sales of products online by providing special regulations regarding the right of withdrawal.
In particular, the consumer - a natural person - is given the opportunity to reconsider on an order placed without the need for any reasons. More in detail, reference is made exclusively to natural persons (consumers) with strict exclusion of legal persons or natural persons acting for purposes referable to the professional activity carried out.
NB: In order to properly exercise the right of withdrawal and obtain, therefore, a refund of the price paid, it is necessary for the Buyer to scrupulously comply with the procedure set out below.
The right of withdrawal is recognized within a period of 14 days after receipt of the goods at the address indicated by the Buyer.
Procedure to be followed scrupulously in case of withdrawal:
n order to exercise his right of withdrawal and thus obtain a refund of the price of the goods purchased, the Buyer must send an email to shop@maisondeparfum.it indicating his explicit intention to withdraw from the contract.
It is also necessary for the Buyer to undertake to return the package to Maison de Parfum srl, Via John Fitzgerald Kennedy 45, 40068, San Lazzaro di Savena (BO)- as received, therefore, intact and in its original packaging, complete with all its parts (including the free gifts inserted by the Maison as usual) within 3 days of the forwarding of the email stating his or her intention to withdraw from the contract.
Shipping costs will be the sole responsibility of the purchaser. In some cases Maison will be able to arrange the withdrawal of the goods through its courier with the charge of the transport costs of 7 €.
In case the customer has made the payment through PayPal the amount refunded will be net of the commission fees charged to Maison de Parfum s.r.l. (3.5% for PayPal).
N.B: For perfumes and cosmetic products, the refund is recognized only if the packaging is intact and the inner transparent film has not been removed or altered. For accessories and bijoux, the return is recognized at the discretion of the Maison as appropriate.
Without prejudice to any repair costs for ascertained damage to the goods, Maison will refund the customer the full amount already paid, within 14 days from the date of return shipment of the goods by bank transfer or through the automatic procedure provided by the online payment platform PayPal. It will be the customer's responsibility to promptly provide Maison with the bank details (IBAN) in order to obtain the refund.
Replacement with another product
Regarding replacement with another product, the procedure is the same as for withdrawal. The Buyer will be responsible for the transportation costs for the new shipment. In this regard, please note that products on offer or discounted cannot be replaced under any circumstances.
Exclusion of the right of withdrawal
The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided by Article 59 of the Consumer Code are subject. In particular, the right of withdrawal is excluded for goods sold "made to measure" and in the event that the sales service concerns the supply of sealed goods that are not suitable to be returned for hygienic reasons or reasons related to the protection of health and have been opened after delivery (art. 59 letter e) Consumer Code.
N.B: In this last regard, please note that the samples sold are under no circumstances refundable as they are made according to the Customer's needs and are to be considered a "personalized item." (See "Sample sale").
9. COMPLAINTS
Any complaints should be addressed to Maison de Parfum s.r.l. Via John Fitzgerald Kennedy 45, San Lazzaro di Savena, Bologna, 40068 (BO).
10. LIABILITY
Maison assumes no liability for delay or non-delivery of the goods attributable to force majeure or fortuitous event that prevented, in whole or in part, the execution of the contract in the agreed time.
Maison shall not be liable to any party or third party with respect to damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, the consumer being entitled only to a refund of any price paid.
Maison shall not be liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.
Maison will not be liable if the injured person aware of the product's defect and danger voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g., shocks, falls, etc.), carelessness, and improper use are not attributable to the Seller's liability.
11. WARRANTIES
All products sold by Maison de Parfum s.r.l. are backed by the manufacturer's official warranty. To take advantage of it, the customer must keep the invoice that he/she will receive together with the purchased products and/or the receipt.
12. COMMUNICATIONS
Except for the cases expressly indicated - that is, established by legal obligations - any communication between Maison and the Buyer must preferably take place by means of e-mail messages using their respective electronic addresses, which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being computer documents.
13. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA
Maison protects the privacy of its customers and is committed to ensuring that the processing of personal data complies with the regulatory provisions set out in EU Regulation 679/2016 as well as with the applicable legislation on the protection of personal data. The personal, personal and fiscal data, acquired by Maison are collected and processed in the forms and methods provided for by the Privacy Policy, expressly indicated in the reference site, as well as by the information provided for in art. 13 of the GDPR 679/2016 and the Privacy Code of which the Buyer expressly declares to have read.
14. JURISDICTION AND COMPETENT COURT
The contract of sale between Buyer and Maison is understood to be concluded in Italy and, therefore, is governed by Italian Law. Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into outside business premises and through the website www.maisondeparfum.it is subject to Italian jurisdiction in accordance with the provisions of Article 3 of the Rome Convention as well as the Consumer Code.
In the event of disputes arising out of or in connection with this contract, the parties undertake to seek a fair and amicable settlement. If a peaceful solution to the dispute is not possible, the same shall be brought to the exclusive jurisdiction of the Court in whose district the Purchaser's domicile is located within 6 months.
15. FINAL CLAUSE
This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.