Terms and Conditions
All purchases made on our website are regulated by a conventional sales contract that establishes terms and conditions in compliance with the regulations in force concerning distance and e-commerce contracts.
1. SUBJECT AND CLAUSES OF SALES CONTRACT
These terms and conditions of sale (hereinafter referred to as the “Conditions”) establish online sales on www.bottegaprofumiera.com (hereinafter the “Site”) of goods offered therein (hereinafter the “Product/s”). The owner is Officina delle Essenze s.r.l., in the person of its present legal representative, with registered office in Rome (Italy), at Via Pierluigi Sagramoso 52, 00189, Tax reference and VAT n. IT 11311081001 and E-Mail firstname.lastname@example.org.
All sales contracts concluded on the Site have Officina delle Essenze s.r.l. acting as a seller (hereinafter the “Seller”) and an individual who purchases one or more Products acting both as a Consumer and a buyer for purposes connected to his/her entrepreneurial, commercial, artisan or professional activity (“Consumer”). The Seller and the Consumer will be jointly referred to as the “Parties”.
All products purchased by the Consumer can be delivered to all member states of the European Union and non-European countries for which a shipping method is provided at the time of the order. The Seller shall not be liable for non-compliance of Products with the legislation of another country where the Consumer wishes to use the Products.
Before placing an order, the Consumer is requested to read carefully these terms and conditions. The purchase order implies full understanding and expression of acceptance of both above mentioned general terms and conditions and the information indicated in the Order Form. In the case of doubts, questions or any other requests relating to the Data Protection Conditions and Policies, the Customer is invited to contact Bottega Profumiera via appropriate contact form.
These general terms and conditions will apply if one or more sales are made for the scope of entrepreneurial, commercial, artisan or professional activity but regardless the provisions themselves, the Consumer will not be entitled to any protection set out in favor of the Consumer.
All information relating to the purchase will be emailed to the address indicated by the Consumer when he/she registered on the Site or during a purchase process.
The Products comply with Italian law in force at the date of order.
The Seller reserves the right to amend these terms and conditions at any time and without any prior notice. It is the Consumer’s responsibility to check regularly whether any amendments have been occurred in the terms and conditions of sale. In any event, conditions applicable to the order will be always those that the Consumer accepts at the date when he/she places an order.
2. PURCHASE OF GOODS
The Products listed, categorized and published on the Site represent a mere invitation addressed to the Consumer to formulate a contractual purchase proposal and do not imply an offer to the public.
These general terms and conditions make an integral part of the order itself and the Consumer fully accepts them without any reservations by registering on the website or confirming via point & click technique. The Consumer can select one or more Products among the categories available on the Site.
The Seller can change, at any time and without any prior notice, its range of Products offered on the Site and/or the information relating to the goods such as their prices, description, and availability. Before placing an order, the Consumer has the right to view on the Site all information referred to the article 49 of the Consumer Code, including but not limited to data of the Seller, prices, taxes and delivery costs, main characteristics of Products that the Consumer wishes to buy and other mandatory data required by Italian law.
The Consumer’s purchase order is accepted by the Seller when the Consumer receives an order confirmation email at the electronic address indicated to the Seller at the time of registration on the Site or during an order placement if the Consumer is not registered.
After receiving the order confirmation by email, there might be cases of unavailability, even temporary, of the Products. In this event, the Consumer will be promptly informed by email about unavailability of goods and total or partial cancellation of the Order. The Consumer can take the following steps:
- accept delivery of available Products and receive a refund for unavailable goods or
- request to annual the Order with the pertinent refund for the payment that has already been made. The Consumer shall send an email at: email@example.com
The Seller will electronically store in its IT systems the Consumer’s order, the confirmation of the Seller’s order and general terms and conditions applicable to the Parties and the Consumer may request their copy by sending an email to the Seller at firstname.lastname@example.org.
Each sales contract is deemed concluded when the Consumer receives via email the order confirmation from the Seller. All orders must be accepted by the Seller who reserves the right, at his sole discretion, to refuse orders without having to provide any reason in cases as follow:
- the orders cannot be executed due to inaccurate information and data submitted by the Consumer at the date when the order is sent, examples include and are not limited to wrong payment card number, expiration date or card security code; incorrect billing address (e.g. the submitted billing address does not correspond to the information of the bank that has issued the payment card); wrong or incomplete shipping address (e.g. inaccurate address, city, country or zip code); or if the Consumer provides misleading information;
- an error relating to ordered Products has occurred on the Site (examples include and are not limited, an error in price or Products’ description as shown on the Site);
- the ordered Products are no longer available on the Site and/or in warehouse.
In addition, regardless the status of an order, the Seller also reserves the right to suspend or annul the order and/or delivery, in the event of non-payment or any partial payment made by the Consumer, payment issues or fraud/fraud attempts relating to the use of the Site and even referring to previously placed orders.
If the Seller refuses to accept an order, the Consumer will receive notification about such event within 30 business days from the date the order has been sent. The Consumer is invited to check all information concerning his/her order and correct any errors that may arise before confirming/placing the order.
3. CONSUMER’S DATA, PRICES AND PAYMENT METHODS
The Consumer is invited to submit his/her data in order to allow the Seller to confirm the order and thus conclude the contract. The Consumer shall also choose payment methods offered on the site.
All prices of the Products available on the Site of Bottega Profumiera are in euro. The Seller has the right to modify prices of Products at any time, without any prior notice and without having to provide any reason. Such modifications will be reported to the Consumer before sending any order.
Prices of the Products include VAT applicable at the date the order is sent. Any alterations to the VAT rate will be automatically calculated in the price of Products offered by Bottega Profumiera through its Site.
Prices of the Products exclude delivery costs that are, however, stated in every product page and will be viewed in the summary of the order before sending a request to the Consumer to confirm the order. The Seller can modify delivery costs at any time but such modifications will not be applied to the orders that the Seller has already sent and accepted. The Seller invites the Consumer to check regularly these general terms and conditions.
The Consumer assures the Seller that he/she has all authorizations required to proceed with a selected method of payment for his order at the date of placing the order. All orders, including taxes, compulsory charges are in euro. The Consumer will bear any bank charges, comprising the cases of refund.
If the Consumer fails to pay or makes late payments, the Seller is entitled to charge default interest in the amount equal to the legal interest rate starting from the tenth business day followed by the date of the order or from the notice of a rejected bank payment.
All purchases made on the website of Bottega Profumiera are secure as they are guaranteed by the SSL Certificate and HTTPS accordingly. The offered methods of payment include only reliable and widely used platforms, such as Banca Sella, PayPal, Stripe, Amazon Pay, Apple Pay and Google Pay.
The following payment methods are offered:
In the event of a bank transfer, the order will be valid only when the Seller receives the payment in the account. The products will be packed and shipped by express courier from that date and within 24 working hours. The bank transfer payment shall be made within 3 days from the date of order. Upon the expiration date, the order will be automatically cancelled. The purpose of payment details shall include the number of purchase order submitted both in the window followed after the payment and in the automatic summary mail sent through the Bottega Profumiera website. The bank transfer shall be addressed to: Officina delle Essenze srl – IBAN: IT16C0326803204052354991860
For credit card payments, Bottega Profumiera uses Banca Sella platform, a reference bank for online payments (protected by encryption and SSL certificate) and Stripe. Once the payment is authorized and the transaction is completed, Bottega Profumiera undertakes to pack and ship the order within 24 working hours via express courier. At no time during any payment session via credit card Bottega Profumiera will gain any personal information relating to the cardholder, provided that the information is transmitted and encrypted directly to the banking system Banca Sella platform or Stripe. If the Consumer cancels his/her order, Bottega Profumiera undertakes to void the transaction and proceed with the cancellation of the relevant amount. The operation will take place within a term appointed by the banking system and will not depend on the company. Under no circumstances, the company shall be considered accountable for relevant delays. If the payment by credit card fails, the Consumer is invited to make another attempt through a different platform, choosing among Banca Sella, Stripe or PayPal. If such payment continues to fail, the reason may be attributed to insufficient funds in the credit (or debit) card or failed authorization to proceed with the credit card issuer’s platform (e.g. the security code has never been set up, online payments are disabled).
By selecting PayPal payment, it is possible to procced with a credit card payment via PayPal platform or accessing personal account. Once the payment is authorized and the transaction is completed, Bottega Profumiera undertakes to pack and ship the order within 24 working hours via express courier. If the Consumer cancels the order, Bottega Profumiera undertakes to reimburse the amount through the PayPal platform.
The Consumer can proceed with the payment through personal Amazon account, taking advantage of all payment information already registered in the American portal, including stored shipping addresses. It is necessary to log in to Amazon during the session and type your username and password in the automatic popup window. Amazon offers designed and elaborated systems for payment via Amazon Pay, consequently they are completely safe.
Cash on delivery
It is possible to pay cash by selecting “cash on delivery” as a payment and shipping method. Such method has an additional cost equal to ten euros due to a chargeable service offered by the express courier. If the Consumer does not pay the amount in cash at the time of delivery or refuses to collect his/her Products, the Seller is entitled to charge Consumer all relating costs, register the Consumer’s name in a black list, and proceed in order to recover the outstanding debt as a result of breach of contract.
If the Consumer selects payment by credit card or PayPal, he or she is required to communicate all necessary information via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify personal details indicated by the Consumer. If payment is made by credit card, the purchase amount will be debited once the offer is transmitted by the Consumer to the Seller and then eventually written off.
4. PRICES, DELIVERY COSTS, FEES AND TAXES
The prices of the Products offered on the Site are in euro. The Seller has the right to modify sales prices of the Products at any time, without any notice and without having to provide any reason. Such modifications will be reported to the Consumer before sending any Order.
Prices include costs of standard packaging, VAT and related indirect taxes (where applicable), whereas they exclude delivery costs unless stated on the website of Bottega Profumiera at the moment the order is sent. The Seller calculates the delivery costs before the order confirmation and the Consumer undertakes to pay them in addition to the price indicated on the Site. In the case of delivery to non-European Union countries, the Consumer might be subject to customs duties and taxes payable when the goods have reached the assigned destination.
5. DELIVERY OF GOODS
The Site indicates the availability of Products and their delivery times. However, such information is to be considered as purely indicative and not binding on the Seller. The deadline of delivery will start when the Seller receives the payment. The sale will be executed via drop shipping; the shipment will be carried out by a courier and arranged by a third party.
Should the package or wrapper containing goods ordered by the Consumer reach their destination visibly damaged, the Consumer is requested to immediately contest his/her delivery by writing “With reservations…”, and indicate reasons in the document of delivery received from the courier and take a photograph of the parcel. If the product is damaged inside the package, it is necessary to report defects no later than 3 days from its collection, to this end, Bottega Profumiera will proceed with replacement of a damaged product.
If the order is shipped back to Bottega Profumiera for any reason related to Consumer’s negligence (e.g. failure to collect), a new shipment will occur only upon advance payment of a new shipment (delivery costs vary according to the region) and storage costs charged by the courier will be added to an actual amount (8 euros per day).
The Products ordered by the Consumer in accordance with these general sales conditions will be shipped to the address that the Consumer indicated as a Shipping Address in the order. Bottega Profumiera sends its goods to all member states of the European Union and non-European countries for which a shipping method is provided at the time of the order, engaging shipping services of DHL or UPS.
A courier of DHL or UPS will deliver goods to the shipping address and will ask to sign an electronic receipt. Such receipt will be a proof that the carrier has delivered the goods and the Consumer, or recipient of the Order, has received them.
The delivery is carried out during business days (Monday to Friday). It should be noted that the Consumer is responsible for his/her availability throughout the time during days stated for collection of goods at the address set out at the date of purchase. Under no circumstances, the Courier is bound to notify the Consumer in advance or deliver goods at the period eventually indicated by the Consumer.
No dispute relevant to the shipment itself shall be raised if the parcel results delivered. The information system of the carrier will prevail in this regard.
Delivery times are indicative and start from the date when a shipping confirmation email is sent to the Consumer.
Once the order is arranged and shipped, it will have a package number that will allow the Consumer to track the shipment status and delivery of Products. The Seller is not responsible for any delay of order or delivery of the Products.
No deadline of delivery shall be binding on the Seller, with the result that the Seller will not be responsible in any way for relevant damages caused to the Consumer and/or recipient of goods deriving from delayed delivery.
6. NON-CONFORMANCE AND DAMAGE TO THE PRODUCTS
6.1. Upon the delivery of Products, the Consumer is required to check the integrity of the package, in particular, that it is unaltered or not damaged, as well as in sealing materials. Under penalty of forfeiture, any damage shall be immediately reported to the courier. When the transport document is signed, the Consumer will no longer be able to raise any claims concerning the external appearance of the delivered products.
6.2. In the case of non-compliances, under penalty of forfeiture of this warranty, the Consumer is responsible for reporting any defects and non-conformances not later than 2 (two) months from the date of discovery, notifying the Seller via email at email@example.com. The information must have an indication of the defect and/or the non-compliances identified, at least one photograph of a defected product, as well as the order confirmation sent by the Seller and/or the tax receipt. Once the communication and related documentation have been received, the Seller will assess the defects and non-compliances reported by the Consumer. After carrying out the quality checks aimed to verify the declared non-conformance of the Products, the Seller will decide whether or not to authorize the return of the Products with methods that will be communicated. The defected goods, subject to replacement, shall be shipped back to the Seller in original packaging with all related accessories and documents that the Consumer received at the date of delivery. The subsequent shipment of the Products without above mentioned original packaging, accessories and documents impedes the Seller to proceed with their replacement. The Customer Service may request information related to the Consumer’s identity and undertake all necessary verification. If the Seller is to reimburse the amount paid by the Consumer, the refund will be made, wherever possible, via the same payment method used by the Consumer during his purchase of Products or by bank transfer. With regard to any damage caused by defective Products, the provisions of European Directive 85/374/CEE and Italian Legislative Decree n° 206/2005 (Consumer Code) apply. If the User of the Site purchases in the capacity of a Consumer, the Seller is held responsible when the lack of conformity occurs within two years from the date of delivery of the Products. Those who have purchased the goods in the framework of their commercial or professional activity and indicated their VAT number do not apply this warranty.
6.3. The Consumer is obliged to follow the procedure for eventual return of damaged, non-conforming and/or defective Products. Such procedure will be indicated by the Customer Service. If the Consumer does not follow it, he or she will not be able to claim any refund or replacement of the relevant Products. After receiving the goods due to reasons stated in cl. 6.1. and 6.2, the Seller will verify the accuracy of the Consumer’s claim and will inform about possible replacement/reduction/refund of the Products’ price. In the event of replacement, the Seller will bear delivery costs. If after inspection of returned goods the Seller finds the claim unsound, the Consumer will not be entitled to a refund and the Products will be shipped back at Consumer’s expense.
7. RIGHT OF WITHDRAWAL
Excluding the case of cosmetic products (as in the event of fragrances for individuals offered on the website bottegaprofumiera.com) that according to art. 59 of Consumer Code do not fall under the right of withdrawal (“the delivery of sealed goods that have been opened after delivery is not suitable to return due to health protection or hygiene reasons”), the User of the Site who acts as a Consumer is entitled to withdraw from any contract concluded according to these general terms and conditions without any penalty and without having to provide any reasons within 14 (fourteen) days. The period comes into force upon: (i) the date the Consumer or a third party acquires physical possession of the goods, in the case of a sales contract related only to a single product; (ii) in the case of a sales contract related to multiple goods ordered only in one order but delivered separately, the date the Consumer or a third party acquires physical possession of the last product.
Before the deadline of mentioned period, the purchaser who acts as a Consumer shall inform the Seller of his decision to withdraw from the contract by sending an email to firstname.lastname@example.org
After receiving from the Seller a withdrawal confirmation email, the Consumer is required to return the goods to the Seller not later than 14 calendar days. In order to exercise properly the right of withdrawal, the goods must be sent intact, wrapped in protective packaging, where present, and never used. The delivery aimed to return the order is at Consumer’s expense, inclusive of any customs duties and taxes for orders shipped to the non-European countries. Parcels sent at recipient’s expense will not be accepted. The goods must be shipped back to the Seller intact, in its original packaging, with all accessories, instructions and any other material contained within. The mentioned goods shall be sent by post to the following address: Officina delle Essenze S.r.l., Via degli Olmetti, 42 00060 Formello (RM), Italy.
The purchaser who acts as a Consumer shall bear all risks and expenses concerning the product return.
In the event of withdrawal, the Consumer will receive refund of payments already made, including delivery costs (with the exception of additional costs deriving from any delivery option used other than less costly standard delivery offered), without undue delay and, in any event, no later than 14 days from exercising the right of withdrawal. The abovementioned reimbursement will be made with the same payment method that the Consumer used during his initial transaction, unless he/she requests a reimbursement to be made via another method of payment. In this case, the Consumer will bear additional costs deriving from the different method of payment. The reimbursement will be made only after the goods are received and the Seller has examined their integrity.
Without prejudice to the exceptions referred to art. 59 of the Consumer Code (including purchase of sealed goods that are not suitable to return due to hygiene reasons, for instance cosmetic products, if they have been opened after delivery), the Consumer is liable for any reduction in the value of the goods resulting from handling them in a manner other than what is necessary to establish the nature, characteristics and functionality of products. The goods will be sent back to the Consumer at his/her expense if the returned goods are damaged (e.g. have signs of wear, abrasion, dents, scratches, deformations, etc.), do not contain all of their elements and accessories (including unaltered labels and tags attached to the products), are not complete with original packaging and warranty certificate, where present.
The Seller will not be liable for transport costs for the return or any loss or damage of the Products payable to a third party.
8. CHANGES IN SALES CONDITIONS
The Seller reserves the right to modify these sales conditions at any time, at its discretion, and without having to provide any prior notice to users of the Site. However, the modification will be communicated via email to the address that the Consumer provided at his/her registration on the Site. Any changes will take effect as of the date of communication and will be applied only to sales concluded from that date.
The Seller assumes no responsibility for poor services attributed to the courier, a third party, Consumer’s fault or inefficiency resulting from majeure force or unforeseeable circumstances or any other event that is out of Seller’s control, including cases related to malfunction and inefficiency of Internet, in the case of failure to proceed with orders in terms provided by these general sales conditions.
The Seller is not responsible in any way for improper use of Products by the Consumer, and/or recipient of the order and especially in the case of failure to follow the instructions of the goods. The Seller will not be liable in any way for any damages caused to the Consumer or a third party deriving from abovementioned improper use. The Seller is not responsible for any fraudulent and illegal use that might be executed by a third party with credit cards, checks and other means of payment upon payment of purchased goods if the Consumer proves that all possible precautions have been adopted in accordance with the advanced technology, current experience and ordinary diligence.
The Seller declines any responsibility for direct and indirect damages, whether foreseeable or not, resulting from and/or related to the use of the Site by the Consumer. If the Seller is held accountable for injury caused to the Consumer and attributable exclusively to the transmission of an order, such responsibility will be within the amount of the order already paid by the Consumer to the Seller.
Any claim presented to the Seller shall be submitted, under penalty of forfeiture, within 6 (six) months from the event of the subject of complaint.
The Seller will not be responsible in any way for improper use and/or disclosure to a third party of information about Consumer’s registration/ access. The Seller is confident about the quality of the marketed products. However, the Consumer, prior to place an order, is required to make sure that he/she is not allergic to any of the ingredients of Products. Details of the ingredients used in a product, in addition to being present on the label, will be provided upon emailed request sent to email@example.com. The Seller will not be responsible for any allergic reactions to the ingredients of sold Products.
10. MEDICAL CARE AND TREATMENT
No Product must be used as a substitute to medical care or clinical treatment. Any information and/or description of goods offered on the Site cannot be understood as a treatment for dermatological issues and shall not be considered as such treatment. Suggestions posted on the Site or provided by the Customer Service for information and/or illustrative purposes shall never be considered as an alternative to medical opinion.
11. APPLICABLE LAW AND JURISDICTION
Each sales contract concluded between the Seller and the Consumer under these general sales conditions will be governed and interpreted in accordance with Italian law, in particular, by Legislative decree n° 206 of September 6 Consumer Code, with specific reference to distance contracts, and Italian Legislative decree n° 70 of April 9, 2003 on some legal aspects concerning electronic commerce. If a purchaser does not act as a Consumer pursuant to these contractual terms, the Court of Rome (RM) shall have exclusive jurisdiction to settle any dispute. In accordance with art. 14 of European Regulation n° 524/2013, the users residing in European countries can resolve any disputes relating to this contract and online services, offered on this site, via a procedure of Online Dispute Resolution accessible through the following link: webgate.ec.europa.eu/odr/. In compliance with the provisions of the above mentioned legislation the Seller shall communicate his/her email address and it is as follows: firstname.lastname@example.org
12. FISCAL DOCUMENTS
With the stipulation of the Contract, the parties mutually agree that the fiscal documents will be issued in the name of the Consumer.