Terms & Conditions of Sale
General Conditions of Sale — "Spezieri" Website. In force from 03/09/2024.
1. General Provisions
These general conditions of sale (the "GCS") apply to every offer, purchase order, order confirmation, order acceptance, invoice or contract for the sale of movable goods marketed (the "Products") on the website https://www.spezieri.com (the "Site") by Profumatoria Srl (hereinafter also referred to as "Spezieri"), with registered office in Conegliano (TV) at Via Cristoforo Colombo no. 50, tax code/VAT no. (IT) 05480940260, towards its customer purchasing the Products (the "Customer"). The Site is owned by Spezieri.
The terms and conditions concerning the use of the Site and the use of personal data ("Privacy Policy") may be consulted respectively on the Terms and Conditions and Privacy Policy pages. Both for browsing purposes and before and during the purchase procedures, the Customer and any user browsing the Site is required to read these GCS and the other legal notices carefully.
The offers and purchase orders placed by the Customer on the Site are addressed and reserved to the consumer as defined under the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments), namely the natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out (the "Consumer"). By placing the Order, the Customer declares to be a Consumer, confirms being at least 18 years old and being legally able to enter into binding contracts.
Any sales of the Products constitute a distance contract governed by the Consumer Code and by the Electronic Commerce Code (Legislative Decree no. 70 of 9 April 2003 and subsequent amendments). Where the Customer is not a Consumer, they shall not benefit from the Warranty set out in paragraph 9.2 nor from the right of withdrawal.
By placing the Order, the Customer declares irrevocable acceptance of these GCS. Spezieri reserves the right to amend the GCS at any time and without notice, without prejudice to the Customer's right of withdrawal, to be exercised by means of an explicit request to info@spezieri.com.
2. Products
The Products and their essential characteristics are described on the Site, so that the Customer may be informed before placing an Order. Spezieri has the right to modify the composition, characteristics or assortment of the Products, as well as their presentation or packaging; such modifications do not apply retroactively to Orders already submitted.
The availability of the Products is continuously monitored and updated. Since the products may be purchased through channels other than the Site, it may happen that several users purchase the same Product at the same moment. Should a Product no longer be available, Spezieri will immediately notify the user by e-mail of the cancellation of the Order, refunding any amount already paid for the cancelled part.
3. Registration on the Site
Placing an Order may only take place after the Customer's registration on the Site. Registration is free of charge and generates an electronic account for the Customer. The following are mandatory: first and last name, e-mail address, a telephone number and a password.
Access to their personal account allows the Customer to: view, modify and save their personal data; place an Order; view information relating to their Orders and track their progress status; accept or decline informational communications; modify privacy settings and cookie consent; delete their account. The Customer undertakes to keep their credentials with the utmost care and to inform Spezieri immediately in the event of improper use.
4. Order and Order Acceptance
The Customer places an order by completing the online purchase procedure on the Site (the "Order"). The Order constitutes a binding offer by the Customer. Following receipt of an Order, the Customer will receive an acknowledgement of receipt e-mail, which does not imply acceptance. The sales contract is deemed concluded when Spezieri changes the order status to "Processing" or "Shipping".
In the event of non-acceptance or partial acceptance, Spezieri will notify this within 2 business days, refunding the amounts already paid relating to the Products not accepted. Should Spezieri not have confirmed the order within 5 business days, the Customer shall have the right to withdraw from the offer by notifying info@spezieri.com, stating the Order number.
Spezieri reserves the right to refuse or cancel orders coming from: a person with whom legal proceedings are ongoing; a Customer who has previously breached the GCS; a person involved in fraud (in particular with credit cards); a person who has provided false, incomplete or inaccurate identifying data.
5. Prices and Delivery Costs
All prices are expressed in Euros and include applicable taxes (including VAT). Prices are subject to change at any time, but such changes will not affect Orders for which the Customer has received an acknowledgement of receipt. Delivery costs are included in the price of the individual Product if it exceeds 50 Euros.
At the time of the Order, the Customer may choose between shipping offers other than the standard one (e.g. based on delivery times); any additional cost is borne by the Customer and clearly indicated. In the event of a manifest and recognisable error in the price, Spezieri will correct it and contact the Customer to confirm the Order at the correct price or cancel it.
6. Payment Methods
Payment for Orders is limited to the options provided on the Site. The commitment to pay provided by means of a payment card or a digital wallet is irrevocable. By providing their card details, the Customer authorises Spezieri to charge the amount corresponding to the price inclusive of all charges and confirms being the owner or being authorised to use it. Spezieri will employ every means to ensure the confidentiality and security of the data transmitted.
7. Delivery
The Products will be delivered to the address indicated by the Customer, located anywhere in Italy. Deliveries cannot be made to Livigno, Campione d'Italia, the Republic of San Marino and Vatican City, nor to post office boxes. The address may be modified up to the shipping date by sending a request to info@spezieri.com.
Delivery dates are indicative and not binding. Spezieri generally fulfils each Order within 2 business days of receipt of payment; from handover to the courier, arrival is generally expected within 2 business days. Should delivery be delayed by more than 10 days from the expected date, the Customer has the right to withdraw from the Order with a refund of the Products not yet delivered.
It is the Customer's responsibility to verify the condition of the delivered Products (number, quality and conformity with the Order). It is advisable to refuse parcels with packaging that is clearly torn or tampered with and to note this on the transport document, reporting the discrepancies to info@spezieri.com, stating the Order number.
8. Right of Withdrawal
A Customer who is a Consumer has 14 days from the day of delivery to exercise the right of withdrawal on all or some of the Products, without the need for justification. Withdrawal is exercised by sending a communication to info@spezieri.com (or other written communication), stating: the Order number; the code and quantity of the Products to be returned; any request for Spezieri to arrange the shipment.
The Returned Products must be returned within 14 days of the withdrawal notice, to the address of the returns warehouse communicated by Spezieri. Subject to verification of their integrity, Spezieri will refund the amount paid within 5 days of receipt. In the event of withdrawal from the entire Order, the standard delivery costs are also refunded. The Products are deemed intact if they conform to the Order, unused, still in their original packaging (shrink-wrapped) and with the warranty seals unaltered. Return costs are borne by the Customer.
9. Conformity, Warranty and Complaints
The Customer is required to inspect the Products at the time of delivery and to verify that quality and quantity correspond to the Order. In the event of non-conforming Products, the Customer is entitled to repair or replacement without return costs. All Products are covered by the legal warranty of conformity (articles 128–135-septies of the Consumer Code), reserved for Consumers.
The lack of conformity must be reported, under penalty of forfeiture, within 5 days of discovery, by writing to info@spezieri.com or by telephoning the number provided on the Site. Excluded from the warranty are deterioration due to wear, the nature of the materials or expiry, as well as defects arising from abuse, improper use, alteration or tampering with the Product.
10. Force Majeure
Spezieri shall be released from its obligations towards the Customer in the event of force majeure events (by way of non-exhaustive example: fire, explosion, flood, war, strikes, governmental measures, interruptions of facilities or supplies). The obligations are suspended for the duration of the event; should it continue beyond 20 days, either party may withdraw with immediate effect, by giving written notice, without prejudice to the refund of the amounts paid.
11. Applicable Law and Jurisdiction
All agreements arising from or in connection with the GCS shall be governed by Italian law. Any dispute shall be subject to the exclusive jurisdiction of the competent Court of the place where the Customer resides or is domiciled, if located within Italian territory.
