GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE SALE OF PRODUCTS AND PROVISION OF SERVICES
The offer and sale of Products, as well as the provision of Services, on our Ecommerce are governed by these General Terms and Conditions of Contract, which, together with the order form, constitute the contract (hereinafter “Contract”) that governs the relationship between Euthalia Fragrances S.r.l., with registered office at Via T. Reggio 10/a, PEC euthalia.fragrances@pec.it, email [info@euthaliafragrances.com], phone [+39 010 2344774], VAT No. 02518710997 (hereinafter, “Euthalia Fragrances”) and the customer (“Customer”).
The Contract is subject to changes by Euthalia Fragrances, provided that the rules stipulated in the Contract published on the Ecommerce at the time of the Customer’s order will apply to the relationship with the Customer. The Customer may request any information directly on the Ecommerce in the area https://euthaliafragrances.com/contatti. The languages available for concluding the Contract are: Italian, English.
- Definitions The terms and phrases listed below have the meanings indicated below, it being understood that terms defined in the singular are also defined in the plural and vice versa: “Reserved Area”: means that part of the Ecommerce, given for exclusive use to the Customer, through which the same can, upon authentication with their own Account, access specific functions provided by Euthalia Fragrances; “Customer”: means any Consumer who purchases one or more Products through the Ecommerce, acting in accordance with the contract; “Consumer”: indicates any individual who acts on the Ecommerce for purposes unrelated to any entrepreneurial, industrial, commercial, craft or professional activity carried out, aged 18 or over; “Ecommerce”: means the virtual store accessible via the URL https://euthaliafragrances.com through which it is possible to purchase the Products; “Order Form”: indicates the document containing the indication of the Products chosen by the Customer, as well as the determination of the price and the method of payment; “Parties”: means jointly Euthalia Fragrances and the Customers; “Products”: means the articles offered in the Ecommerce for sale. “Services”: refers to the services offered free of charge by Euthalia Fragrances to Customers through the Ecommerce;
- Purpose of the Contract The Contract governs and regulates the online sale of Products and Services by Euthalia Fragrances S.r.l. to the Customer. The essential characteristics of the Products are presented on the Ecommerce within each product sheet. The images, colors, and textures of the Products offered for sale reproduce as faithfully as possible the real characteristics of the Products. However, such images may not correspond exactly to reality, also for technical reasons. Consequently, Euthalia Fragrances cannot be held responsible for the possible inadequacy of the images of the Products represented in the Ecommerce if this is solely due to technical reasons. Euthalia Fragrances offers its Products for sale exclusively to its Customers who are Consumers; if not a Consumer, the Customer is invited to refrain from purchasing Products through the Ecommerce. Euthalia Fragrances offers its Products for sale both to Customers who can be qualified as Consumers and to Customers who cannot be qualified as Consumers; if the Customer does not fall within the definition of Consumer, the Customer is invited to contact us, following the instructions reported at the following URL: https://euthaliafragrances.com/contatti. In consideration of its commercial policy, Euthalia Fragrances reserves the right not to follow up on orders from persons other than Consumers or orders that are not in compliance with its commercial policy, or that appear abnormal or fraudulent, at its sole discretion, even without providing any notice to the Customer. In any case, Euthalia Fragrances reserves the right not to accept orders that appear abnormal in relation to the quantity of Products purchased or the frequency of purchases made. The Customer is expressly prohibited from reselling, renting, leasing, or transferring in any way or for any commercial and/or professional purpose the Products purchased within the Ecommerce. Except for mandatory legal provisions, if the purchased Product is intended for markets in countries not belonging to the European Union, it will be the Customer’s responsibility to communicate in writing to Euthalia Fragrances all the applicable regulations to the Product in the destination country, including the technical specifications, also related to product safety, and the customs and import regulations. The Customer assumes exclusive responsibility for any non-compliance of the Product with said regulations. Euthalia Fragrances provides, free of charge, its Services such as: • free registration for Euthalia Fragrances events scheduled, upon acceptance of specific contract conditions; • tracking of purchases made by the User and archiving of the related purchase history; • creation and storage of the preferences expressed by the User (“wish list”); It is understood that, if the Customer does not proceed to register as provided under the subsequent clause 3.1. of the Contract, the Customer will not be able to enjoy the Services made available by Euthalia Fragrances, and therefore the related obligations of the Contract will not apply.
- Conclusion of the Contract o Registration: To proceed with the purchase of the Products and/or the use of the Services present within the Ecommerce, one can proceed with the registration procedure. To be able to register, the Customer must correctly fill in and send the appropriate registration form using the tools offered from time to time, indicating their data, truthfully, in the various fields. Following this procedure, a Reserved Area dedicated to the Customer will be created, granted for use to the Customer, who can view their purchases and modify their credentials. The Reserved Area will be made available by Euthalia Fragrances for an indefinite period, until further notice. Euthalia Fragrances reserves the right to verify that the email entered is correct, by sending a suitable email to the Customer and requesting the related opening and consultation of the link contained in the email itself. The Customer can, at any time, cancel their Reserved Area by sending an email to info@euthaliafragrances.comcommunicating the data that may be required. • Login: To proceed with the purchase of the Products and/or the Services the Customer can authenticate by entering their credentials within the • Conclusion of the Contract: once authenticated, the Customer will proceed with the operations aimed at purchasing the Product and/or the Services. Before proceeding with such operations, the Customer is required to read the Contract paying particular attention to the clauses that regulate the right of withdrawal. The Customer is also required to print a paper copy of the Contract and store a further copy on a durable medium to keep the information personally addressed to them, in order to be able to access it in the future for a period of time adequate to the purposes to which they are intended and that allows the identical reproduction of the information stored therein. A copy of the General Conditions may be sent to the Customer by email, during registration or subsequently. To proceed with the purchase of the Products and/or the Services on the Ecommerce, the Customer must fill in the Order Form in electronic format and send it to Euthalia Fragrances, electronically, following the instructions from time to time reported. Before proceeding with the transmission of the Order Form, the Customer is required to identify and correct any errors in entering the data entered. If the data is not compliant, it is possible to proceed with the modification. In any case, for greater protection of the Customer, Euthalia Fragrances will send the latter by email a receipt of the purchase order, containing a summary of the information already contained in the Order Form, and a copy of the Contract itself, by email. In this regard, the Customer is required to verify the receipt of such documentation, viewing, if necessary, their spam folder. The Customer also has the burden of verifying the final sale price before submitting the relevant Order Form, it being understood that the price applied to the product will be that indicated on the site at the time the order is placed by the Customer. If the Customer notices any irregularity, they are required to promptly communicate it to Euthalia Fragrances. The Contract shall be deemed concluded when Euthalia Fragrances receives, electronically, the Order Form correctly completed, sent by the Customer after verifying the successful outcome of the payment. By sending the Order Form, the Customer confirms that they have understood and accepted the Contract, as well as the additional information contained in the Ecommerce. Once the Contract is concluded, Euthalia Fragrances will take charge of the purchase order. • Purchase products without registration: The Customer can proceed to purchase the Products present on the Ecommerce without making the registration. Once arrived at the store, it will not be necessary to perform the registration or authentication, but proceed with the operations aimed at purchasing. It is understood that the unregistered Customer will not be able to take advantage of the free Services mentioned above and at the next purchase, they will have to enter their data again at the time of transmitting the Order Form. The Customer will in any case receive all the information related to the order as described in the Contract.
- Security Only the Customer must use the registration and access credentials to the Reserved Area. Credentials must not be transferred to third parties. The Customer undertakes to keep them secret and ensure that no third party has access to them, adopting all appropriate security measures to minimize the risks of unauthorized, not allowed, or non-compliant access to their Reserved Area. The Customer undertakes to promptly inform Euthalia Fragrances if they suspect improper use, unauthorized access, or not allowed access to their Reserved Area. Euthalia Fragrances reserves the right to verify that the email in the archive is correct, by sending a suitable email to the Customer and requesting the related opening and consultation of the link contained in the email itself. The Customer guarantees that the personal information provided during the registration procedure and subsequently are complete and truthful.
- Availability of Orders For each Product presented in the Ecommerce area Euthalia Fragrances indicates whether it is:
- available at its warehouses;
- not available at its warehouses;
- available “on request”;
- not purchasable online.
Euthalia Fragrances explicitly reserves the right not to indicate the availability of the Products presented within the Ecommerce. Euthalia Fragrances may not follow up on purchase orders that present incomplete, incorrect data, or in case of unavailability of the Products. The type of Products and/or Services published and their availability may vary at any time without this involving any responsibility of Euthalia Fragrances towards the Customer. The indication relating to the availability of the Products and/or Services is not binding, it being understood that the Products indicated as “not available” cannot be ordered by the Customer. If in correspondence with a Product and/or a Service there is the indication available “on request” it means that such Product, at that moment, is not immediately available, but can still be ordered. In case the Products and/or Services presented within the Ecommerce are no longer available or for sale at the time of sending the Order Form and Euthalia Fragrances is not, consequently, in a position to follow up on the purchase offer, Euthalia Fragrances will proceed to inform by email the Customer of this circumstance, reimbursing the amount previously paid within 15 days from the date of the order. Finally, if the Products and/or Services chosen by the Customer cannot be purchased online, the Customer will be directed to the page called “retail outlets” to search for the nearest retailer for the purchase of the Products. 6. Requests for guarantees on the Products Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by Euthalia Fragrances, under the terms of the Law equal to 2 (two) years from the date of delivery. The warranty must be asserted directly by the Customer within two months of the discovery of the defect, by sending to Euthalia Fragrances a registered letter A/R or equivalent technology, at the address in the preamble, indicating the defect found. For this reason, the Customer is required to keep proof of purchase of the Product. Unless proven otherwise, it is assumed that compliance defects that appear within 6 (six) months from the moment the Product was delivered already existed at that date, unless this is incompatible with the nature of the Product or the nature of the compliance defect. The warranty described here applies in case of normal wear and tear of the Product; otherwise, it will not apply in case of modification made to the Product, in case of inappropriate use of the Product or in case of non-compliance with the Product maintenance rules. 7. Offered guarantees. After reporting the compliance defect, Euthalia Fragrances reserves the right to offer the Customer appropriate remedies available. In case of a compliance defect, the Customer is still entitled to the restoration, without expenses, of the compliance of the Product – also by replacement – or to an adequate reduction of the price or to the resolution of the concluded Contract, in accordance with what follows defined. • Repair and replacement For the purposes of restoring the compliance of the Product, the Customer can choose between repair and replacement, provided that the remedy chosen by them is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on Euthalia Fragrances, taking into account all the circumstances, including in particular:
- the value that the Product would have in the absence of the compliance defect;
- the extent of the compliance defect;
- the possibility of experiencing the alternative remedy without significant inconvenience for the Customer. Euthalia Fragrances may refuse to make the Products compliant if repair and replacement are impossible or if the costs it would have to bear are disproportionate, taking into account all the circumstances of the case, including those mentioned above. For the purposes of restoration and/or replacement of the Product, the Customer must communicate to Euthalia Fragrances the following information: batch number to which the Product belongs; photographs depicting the Product). It is understood that Euthalia Fragrances may reserve the right to request further information from the Customer for the purpose of exercising the right to restore and/or replace. • Price reduction or resolution The Customer is entitled to a proportional price reduction or to the resolution of the Contract in one of the following cases:
- Euthalia Fragrances has not carried out the repair or replacement or, Euthalia Fragrances has refused to make the Products compliant;
- a compliance defect manifests itself, despite the attempt by Euthalia Fragrances to restore the compliance of the Product;
- the compliance defect is so serious as to justify the immediate price reduction or the resolution of the Contract;
- Euthalia Fragrances has declared, or it clearly results from the circumstances, that it will not proceed to restore the compliance of the Product within a reasonable period, or in any case without significant inconvenience for the Customer; A compliance defect of minor importance for which it was not possible or is excessively expensive to experience the remedy of replacement or price reduction does not give the right, in any case, to the resolution of the Contract. The burden of proof regarding whether the compliance defect is of minor importance is on Euthalia Fragrances. The price reduction is proportional to the decrease in value of the Product received by the Customer compared to the value of the same Product, if it had been compliant. • Resolution The Customer, in the case it is due to them the right to resolve the Contract, must express their decision to resolve the Contract itself by means of a specific communication by registered letter A/R (or equivalent technology), to be sent to Euthalia Fragrances at the addresses in the preamble. If the Customer resolves the Contract in whole or in part or in relation only to some of the Products:
- a) must return the Products, at the expense of Euthalia Fragrances;
- b) Euthalia Fragrances will refund the Customer the price paid for the Product following the receipt of the goods or, in case of price reduction, following the receipt of the evidence provided by the Customer regarding the fact of having returned the goods. • Repair or replacement The repair or replacement are carried out:
- without expenses;
- within a reasonable period of time;
- without significant inconvenience for the Customer. Should it be necessary to remedy the compliance defect by repairing or replacing the Products, the Customer must make them available to Euthalia Fragrances, according to the modalities defined by Euthalia Fragrances, which will resume the replaced Products at its own expense.
- Carrier and shipments The shipping costs for the exercise of the warranties defined herein are borne by Euthalia Fragrances, which may decide, at its discretion, the carrier to use and the same modalities of shipment. The Customer, on their part, is required to respect the shipping conditions defined by Euthalia Fragrances.
- Reaccrediting Every recredit of sums due by virtue of the warranty will be made by Euthalia Fragrances within reasonable times, in accordance with the Contract, by the same instrument used by the Customer for the conclusion of the Contract itself, unless the Customer has expressly communicated otherwise to Euthalia Fragrances.
- Additional guarantees Further commercial guarantees, offered by manufacturers or third parties, bind them according to the conditions established in the related commercial warranty declaration and related advertising, and are to be understood as unrelated to the relationship between Euthalia Fragrances and the Customer. Euthalia Fragrances reserves the right to contact the Customer in order to suggest the correct use of the Product, also in relation to environmental or weather variations, and to send spare parts or further goods that allow better enjoyment of the Product.
- Prices The prices of the Products and/or Services and related delivery expenses may be subject to updates and are to be understood inclusive of VAT, where applicable. If the price of a Product and/or a Service is discounted according to the discount percentage indicated, such indication will refer to the price practiced within the Ecommerce the day before the discount. The prices of the Products and/or Services, including taxes and duties, are indicated in the product sheet. Shipping costs, included in the total cost shown in the Order Form, are charged to the Customer in a flat amount varying according to the overall volume of the shipment. These will be free for all orders. The prices of the Products and/or Services are valid until the completion of the purchase procedures.
- Payment methods The Customer can make the payment of the price owed by: • Credit card • Bank transfer Euthalia Fragrances reserves the right to vary or implement, at any time, the means of payment that can be used by the Customer, it being understood that those published in the Ecommerce at the time of sending the order by the Customer will be considered usable.
12.1 Credit Card In case of payment by credit card, once the data of the credit card and the authorization of debit received by the issuing company of the credit card used by the Customer have been verified, the debit to the Customer of the price present on the Order Form will occur. The credit card data, such as the number of the card itself, the expiration date, and the CVV code, entered by the Customer to make the payment of the order, are protected and are sent directly to the banking company that manages the payments. The payment takes place directly on a secure server, with SSL encryption key in order to ensure the absolute security of the transaction. The Customer, by clicking on the “Store” box, accepts that the number of the credit card and the related expiration date are stored and saved for the following orders. 12.2 Bank Transfer
In case of payment by bank transfer in advance, the order will be managed only after confirmation of the full amount credited.
Shipping and delivery of the Products Euthalia Fragrances is not required to ship the Products until it has received payment of the price; once the payment of the price has been received, Euthalia Fragrances undertakes to ship the Products within 10 non-working days. Shipping is limited to the territory served by the competent store. Euthalia Fragrances guarantees the shipment of the Products, via express couriers selected depending on the Product and the place of destination. The Customer can verify the status of orders thanks to the “Order Tracking” function provided by the courier chosen for delivery and available in the Reserved Area. Such verification can be carried out by the Customer only after the shipment of the Products. 14. Verification of the integrity of the Product The Customer is required to verify, at the time of delivery of the Product, that the packaging and/or the package and/or the Products are intact, undamaged, or altered. The Customer is also required to verify the integrity of the labeling of the Products at the very moment of the delivery of the Products. Any damage to the packaging or to the package of the Products must be immediately detected by the Customer through the acceptance of the package with reservation affixed to the proof of delivery of the courier, and must also be communicated within 48 hours from receipt to Euthalia Fragrances, by registered letter A/R or equivalent technology. Otherwise, and in particular, once the courier’s document has been signed without any contestation, the package will be deemed to have been received without any reservation. Special packaging, if requested, must be approved by Euthalia Fragrances and their cost will be borne by the Customer and declared in the Order Form or, if requested later, upon sending of the Order Form, but in any case before shipment, such cost will be communicated in writing by Euthalia Fragrances. The Customer is required to take note of the correct storage instructions of the Products as reported by the labeling of the Products themselves. In particular, the Customer is required to store the Products in a cool and dry environment, protected from any sources of heat or excessive exposure to sources of light. The Customer is aware of the flammability of the Products. The Customer is also required to take note of the list of ingredients of the Products, as they contain potential allergenic substances. The Customer is required to observe the special precautions provided by the labeling for correct use of the Products, avoiding in particular excessive use of the same. The Customer is required to take note of the minimum duration or expiration date provided by the labeling and/or packaging of the Products. It is understood that the Products may lose their original characteristics once the period indicated on the labeling of the Products has passed. 15. Delays in deliveries If, for reasons not attributable to Euthalia Fragrances, it is not possible to carry out the deliveries of the Products in the ways and times indicated, Euthalia Fragrances will communicate this to the Customer, communicating, where possible, new times and modalities. The Customer, by concluding the Contract, accepts the eventuality of such delays. If the delay in delivery is more than 90 days compared to what is indicated, the Customer will have the right to resolve the Contract. 16. Right of withdrawal The Customer has the right to withdraw from the Contract concluded with Euthalia Fragrances without indicating the reasons and without any penalty within 14 (fourteen) days, starting from the day on which the Customer or a third party, different from the courier, acquires physical possession of the Product. The date indicated on the document of delivery of the courier will be valid. The right of withdrawal must be exercised by the Customer by sending to Euthalia Fragrances a written communication, by email or ordinary mail, containing the manifestation of the will to avail themselves of the right of withdrawal as well as: • the indication of the order number that gave rise to the Contract from which it is intended to withdraw; • the code of the Product; • the number of pieces of the Product ordered; • the photograph of the Product; • the date of the order; • the date of delivery; • the name of the buyer; • the address of the buyer. For the purposes of respecting the withdrawal period, it is sufficient that the Customer sends the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period which must necessarily be followed by confirmation by registered letter A/R within 48 (forty-eight) hours later. In case of exercise by the Customer of the right of withdrawal, they are required to return to Euthalia Fragrances the Products without undue delays and in any case within 14 (fourteen) working days from the date of the communication of withdrawal. The term is thus respected if the Customer resends the Products before the expiry of the period of 14 (fourteen) days starting from the sending of the communication of withdrawal. The Products must be returned to the following address: Euthalia Fragrances S.r.l – Via del Commercio 23i, 16167 Genova (GE) It is understood that the Products not sealed will be considered unsuitable for the purposes of the return, for hygienic-sanitary reasons, including, by way of example but not exhaustively, the Products deprived of lid and/or cap. If the Customer withdraws from the Contract, all payments they have made in favor of Euthalia Fragrances will be reimbursed, including the shipping costs incurred, without undue delay and in any case not later than 14 (fourteen) days from the day on which Euthalia Fragrances was informed of the decision to withdraw from the Contract. Refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly communicated otherwise to Euthalia Fragrances. The refund may be withheld by Euthalia Fragrances until the receipt of the Products or until the Customer has shown to have reshipped the Products. The costs related to the return of the Products are entirely borne by the Customer. The Product must be returned intact and in its original packaging. Should the Customer exercise the right of withdrawal in a manner not in accordance with the methods and terms of this article, they will not be entitled to a refund. Should the return of the Products to Euthalia Fragrances by the courier be made with specified cause “unknown address”, the Customer will be contacted by Euthalia Fragrances and will be able to choose whether to have the order shipped again, if the Product is still available, or to be refunded the amount already paid. Euthalia Fragrances, if the order consists of multiple Products, reserves the possibility to proceed directly to the refund of the amount paid by the Customer if more Products of the same Order Form have been returned to Euthalia Fragrances with specified cause “unknown address”. If the cause of the return of the Products to Euthalia Fragrances by the courier is “unknown address”, (package) “not collected” or (package) “refused”, Euthalia Fragrances does not guarantee the possibility for the Customer to book the same Products if these are out of stock, and may consequently proceed to the refund of the order. If, in these last three cases, the impossibility of delivery is due to a fault attributable to the Customer, Euthalia Fragrances reserves the possibility to charge the shipping costs for the return to the Customer. 17. Applicable law and competent court The Contract is governed by Italian Law. In case of dispute arising from the interpretation of the Contract and/or connected, directly or indirectly, to the Contract, it is the Consumer Court, that is the judge of the place of residence or domicile of the Customer, if located in the Italian territory. 18. Complaints For any complaint please contact directly Euthalia Fragrances, at the addresses indicated in the preamble. 19. Privacy The Customer is required to take note of the privacy information directly on the Ecommerce in the Customer Service – Privacy policy area [https://euthaliafragrances.com/privacy-policy]. 20. Contact addresses It is possible to contact directly Euthalia Fragrances, for any need, by writing to: [info@euthaliafragrances.com] or directly on the Ecommerce in the area [https://euthaliafragrances.com/contatti].