Terms and Conditions
CONDITIONS OF SALE
Last update: 19/05/2020
The website www.lalchimiadellefragranze.it is the property of L'alchimia delle fragranze di Marzola Raffaella e C. s.a.s (hereinafter L'alchimia s.a.s.), with registered office in 40059 Medicina (BO), Via Licurgo Fava n. 421/18, tax code and VAT number 03716451202. Any information, support, request or complaint may also be forwarded to the e-mail address firstname.lastname@example.org.
This site is dedicated to the promotion and online sale of perfumery products marketed by L'alchimia s.a.s..
Purchases made on www.lalchimiadellefragranze.it are governed by these general conditions of sale, which can be modified at any time by L'alchimia s.a.s., effective as of publication on the site. The sending of the order by the Customer is considered as acceptance of the conditions of sale published on the site at that time.
L'alchimia s.a.s. complies with the law on distance contracts as per art. 50 and following of the Legislative Decree no. 206 of September 6, 2005, as well as the law on electronic commerce as per Legislative Decree no. 70 of April 9, 2003. These general conditions must be considered an integral and substantial part of the contract. L'alchimia s.a.s. invites the Client to carefully read the conditions below, and to print and/or save them on another durable support accessible to him.
1.1 With the expression "contract of sale on line", we intend the contract of sale relating to tangible movable goods marketed by L'alchimia s.a.s., entered into between the latter and the consumer, within a system of distance selling through telematic tools, organized by L'alchimia s.a.s.
1.2 The expression "Client" means the consumer who is a natural person and makes the purchase referred to in this contract, for purposes not related to his commercial or professional activity.
2 Object of the contract
2.1 With this contract, respectively, L'alchimia s.a.s. sells and the Client purchases at a distance, through telematic instruments, the tangible movable goods indicated and offered for sale on the site www.lalchimiadellefragranze.it
2.2 The products referred to in the preceding point are illustrated on the site www.lalchimiadellefragranze.it and described in the relevant information sheets; the image accompanying a product may not be perfectly representative of its characteristics, but may differ in color, size and accessories.
2.3 These general conditions of sale do not regulate the supply of services or the sale of products carried out by third parties who use direct links to the site www.lalchimiadellefragranze.it through banners or other hypertextual links. L'alchimia s.a.s. in no event shall be liable for the provision of services promised by third parties or for the execution of e-commerce transactions between the customers of L'alchimia s.a.s. and third parties.
2.4 L'alchimia s.a.s. reserves the right not to process orders received from users who are not "Customers", as well as any other order which does not adhere to L'alchimia s.a.s. commercial policy.
3 Stipulation and conclusion of the contract
3.1 The contract between L'alchimia s.a.s. and the Client is concluded through the Internet by means of the Client's access to the address www.lalchimiadellefragranze.it, where, following
the procedures indicated, the Client will formalize the proposal for the purchase of the goods referred to in points 2.1 and 2.2 of the preceding article.
3.2 The purchase contract is concluded by completing the following procedure, available only in Italian, which can always be corrected, modified and canceled, until the time of sending the order:
by accessing the website www.lalchimiadellefragranze.it the Client, after registering for the purchase, must add the desired products to the cart, complete all subsequent pages, following the instructions, and electronically transmit to L'alchimia s.a.s. the page with all personal data and the purchase order;
the order page contains a link to these general conditions of sale and also contains information on the main characteristics of each product ordered and its price (including VAT), the type of payment you have chosen for the purchase, the conditions for the delivery of the products, the contributions required for delivery and transport as well as references to the general terms and conditions for the return of products purchased online;
before proceeding to send the order, the Customer will be asked to identify and correct any possible errors that may have occurred during the compilation of the fields and to read carefully the general terms and conditions that govern the sale and purchase, to print a copy of them using the print option and to save or request a copy for personal use;
an order will be considered sent when L'alchimia s.a.s. receives the order proposal electronically and the information relating to the order has been preliminarily verified as correct.
3.3 The order sent by the Client will be binding for L'alchimia s.a.s. only if the entire order process has been regularly and correctly completed, without any error message being displayed by the website, and after L'alchimia s.a.s. has sent to the Client an e-mail confirming the order. The e-mail will contain details of the Customer and the order, a summary of the general and particular conditions applicable to the contract, the price of the goods purchased, the means of payment chosen, transport costs, applicable taxes and duties, an indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to L'alchimia s.a.s. at the addresses indicated above.
3.4 By placing an order the Client declares to have read all the indications provided to him during the purchase procedure, and to fully accept these general conditions of sale. By submitting the order, the Customer expressly acknowledges that this implies the obligation to pay the price and other amounts due under these general conditions of sale.
The contract shall not be considered perfected and effective between the parties in default of what is indicated in the previous point.
3.6 L'alchimia s.a.s. may not take charge and process the order if there are not sufficient guarantees of solvency of payment, 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 executed and that L'alchimia s.a.s. has not confirmed the purchase order specifying the reasons.
3.7 The contract entered into between L'alchimia s.a.s. and the Client shall be deemed concluded with the acceptance, even partial, of the order by L'alchimia s.a.s. Such acceptance is deemed tacit, unless otherwise communicated in any manner to the Client.
3.8 Pursuant to art. 12 of Legislative Decree 70 of 2003, L'alchimia s.a.s. informs the Client that every order sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Client may at any time request a copy from L'alchimia s.a.s.
4 Payment methods
4.1 Any payment by the Customer may be made only by one of the methods indicated on the site www.lalchimiadellefragranze.it . Is accepted payment by PAYPAL and by COD (cash on delivery) and bank transfer.
4.2 For payments made by credit card, the actual debit of the amount of the order will take place only when it is complete and ready for shipment. If the unavailability of a product is detected after the registration of the order and the reservation of the amount on the card, L'alchimia s.a.s. will take the necessary steps with the payment operator to reverse the transaction related to the unavailable goods.
4.3 For cash on delivery payments, the amount is considered paid when the order is delivered. The maximum amount payable in cash on delivery is € 99.99.
4.4 All orders, before being processed, are subjected to verification of authenticity directly from their credit card issuers, to protect the customer. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically canceled and the sale will be terminated pursuant to art. 1456 c.c. The Customer will be informed by e-mail communication.
4.5 The communications relative to the payment and the data communicated from the Customer in the moment in which this is carried out happen on special protected lines and with all the guarantees assured from the use of the protocols of safety previewed from the payment circuits.
5.1 The sales prices displayed on the site www.lalchimiadellefragranze.it are inclusive of VAT and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the e-mail order confirmation, without considering increases or decreases in price, even for promotions, which may occur later.
5.2 The shipping costs, charged to the customer for orders of less than € 49, are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment.
5.3 The issuance of the invoice is not compulsory, unless requested by the customer no later than the time of the transaction, as indicated in art. 22 of Presidential Decree 26/10/1972 n. 633. By sending the order to L'alchimia s.a.s. the Client accepts to receive the invoice/receipt in electronic format. The Client may receive the invoice/receipt in paper format by expressly requesting it to L'alchimia s.a.s. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
6 Availability of products
6.1 The availability of the products refers to the moment in which the Client consults the product sheets; this must however be considered purely indicative because, due to the simultaneous presence on the site of more than one user, the products could be sold to others before the confirmation of the order. In any case, L'alchimia s.a.s. cannot be held responsible in case of unavailability of one or more products.
6.2 L'alchimia s.a.s. will not be in any way responsible for the temporary or permanent unavailability of one or more products. In the site are highlighted the cases in which there are limitations to the purchase of individual products. In the case of unavailability, even temporary, of the products requested, L'alchimia s.a.s. undertakes not to charge the Customer the corresponding price. If the order has been transmitted and the price has already been paid for the items that are no longer available, L'alchimia s.a.s. will reimburse the Client for the full amount paid for those items.
6.3 Even after L'alchimia s.a.s. has sent the order confirmation e-mail, cases of partial or total unavailability of the goods may occur. In this eventuality, the Client will be promptly informed by written communication or by e-mail and will be able to decide whether to accept the delivery of the available products only, obtaining the reimbursement for the unavailable ones, or to request the cancellation of the order, with the consequent reimbursement of any amounts already paid, communicating it by e-mail to L'alchimia s.a.s.
6.4 For the eventuality referred to in the preceding point, the Client may choose, at the time of sending the order, whether to accept a different supply from the one agreed upon, of the same value.
7 Methods of delivery
7.1 L'alchimia s.a.s. will deliver the selected and purchased products by express courier to the address indicated by the Client at the moment of the order, as confirmed in the summary e-mail of point 3.3.
7.2 Orders will be processed as soon as they are received. L'alchimia s.a.s. undertakes to deliver the products in the shortest time possible and in any case within 30 from the date of conclusion of the contract.
7.3 The total amount of the expenses will be visible before proceeding with the confirmation of the purchase.
7.4 The goods shipped will be checked and delivered to the shipper intact and without defects. L'alchimia s.a.s. cannot be held responsible in any way for any delays or damages attributable to the fault of the shipper.
7.5 The goods ordered depend exclusively on the will of the Client. Should it be refused, L'alchimia s.a.s. will charge the Client for the return transport costs.
8.1 L'alchimia s.a.s. does not assume any responsibility for inefficiencies attributable to force majeure or accidental case, even if dependent on malfunctions and inefficiencies of the Internet, in the event that it is not able to execute the order in the time provided by the contract.
8.2 L'alchimia s.a.s. will not be liable for damages, losses and costs incurred by the Client as a result of the non-execution of the contract for reasons not attributable to the same, and unless they are due to acts or omissions of L'alchimia s.a.s., having the Client only the right to a full refund of the price paid and any additional charges incurred.
8.3 L'alchimia s.a.s. cannot be held responsible for information, data and any technical or other inaccuracies which may be contained in the site, if they have been communicated by third parties and have been verified by L'alchimia s.a.s. according to the criteria of ordinary diligence.
8.4 L'alchimia s.a.s. does not assume any responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions according to the best science and experience of the moment and according to ordinary diligence.
8.5 Capacity to contract. The Buyer declares to have full capacity to act and enter into a contract for the purchase of products and/or services on the Site according to these General Conditions of Sale. L'alchimia s.a.s. cannot in any case be required to verify the capacity to act of visitors and Buyers of the Internet Site of L'alchimia s.a.s. . In the event that a person not having the necessary capacity to act (for example a minor) places an Order on the Site, L'alchimia s.a.s. may legitimately refuse to finalize the Purchase Order.
9 Right of withdrawal
9.1 The Customer has the right to withdraw without penalty and without specifying the reason, within the term of fourteen days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. In the case of a contract relating to multiple goods ordered by the Customer in a single order and delivered separately, the term begins on the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last good.
9.2 To exercise the right of withdrawal, the Client must inform L'alchimia s.a.s by e-mail at email@example.com of his decision to withdraw from the contract by means of an explicit declaration.
9.3 In order to comply with the withdrawal period, it is sufficient that the Client sends the communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
9.4 If the Client withdraws from this contract, he will be refunded all payments he has made to L'alchimia s.a.s., including the costs of delivery (with the exception of additional costs deriving from your eventual choice of a type of delivery different from the least expensive type of standard delivery offered by L'alchimia s.a.s.), without undue delay and in any case no later than fourteen days (given the difficulties related to the contingent situation, the days become thirty) from the day on which L'alchimia s.a.s. was informed of the decision to withdraw from this contract. Said refunds will be made using the same means of payment used by the Client for the initial transaction, unless he has expressly agreed otherwise; in any case, he will not incur any cost as a consequence of said refund. This is without prejudice to the right of L'alchimia s.a.s. to withhold the refund until L'alchimia s.a.s. has received the goods or until the Customer has demonstrated that it has returned the goods, whichever is sooner.
9.5 In case of exercise of the right of withdrawal the Client shall return the goods or deliver them to L'alchimia s.a.s. without undue delay and in any case within fourteen days from the date on which he communicated to L'alchimia s.a.s. his decision to withdraw from the contract. The Client shall bear the direct cost of returning the goods.
9.6 The Client is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
9.7 If the right of withdrawal is exercised, L'alchimia s.a.s. will not be responsible for transportation costs for the return or for any loss or damage of the products attributable to third parties.
10 Guarantees and Assistance
10.1 L'alchimia s.a.s. commercializes products of high quality level. We remind you in any case that for the protection of the Client the legal guarantee of conformity for goods is provided by law. In case of receipt of products that do not conform to the contract of sale, pursuant to art. 129 and following of the Consumer Code, the Customer loses all rights if he does not report to the seller the lack of conformity within two months from the date on which the defect was discovered. The denunciation is not necessary if the vendor has recognized the existence of the defect or has concealed it.
10.2 In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
10.3 In case of lack of conformity, the Client may request, alternatively and without cost, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for L'alchimia s.a.s. pursuant to art. 130, paragraph 4, of the Consumer Code.
10.4 The request must be sent to L'alchimia s.a.s. by email (firstname.lastname@example.org) which will indicate its willingness to carry out the request, or the reasons which prevent it from doing so, within seven working days from receipt. In the same communication, if the Client's request has been accepted, L'alchimia s.a.s. will indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
10.5 If repair and replacement are impossible or excessively onerous, or L'alchimia s.a.s. has not repaired or replaced the goods within the term set forth in the preceding point or, finally, the replacement or repair previously made have caused significant inconvenience to the Client, the Client may request, at its option, an appropriate reduction of the price or the termination of the contract. The Client must in this case send its request to L'alchimia s.a.s., which will indicate its willingness to carry out the same, or the reasons that prevent it from doing so, within seven working days from receipt.
10.6 In the same communication, if the Client's request has been accepted, L'alchimia s.a.s. will indicate the proposed price reduction or the modalities of return of the defective goods. In such cases it will be the Client's responsibility to indicate the modalities for the re-credit of the sums previously paid to L'alchimia s.a.s.
11 Obligations of the Customer
11.1 The Customer undertakes to pay the price of the goods purchased in the time and manner indicated in these General Conditions of Sale.
11.2 The Customer undertakes, once the on-line purchase procedure is concluded, to print and keep these General Conditions of Sale, which will have already been expressly accepted before the conclusion of the procedure.
11.3 The Customer is solely responsible for the correctness of the data entered in the registration process and undertakes not to enter false and/or invented and/or fantasy data. The Client shall hold L'alchimia s.a.s. harmless from any responsibility deriving from the issuance of incorrect fiscal documents due to inexact data provided by the same.