TERMS AND CONDITIONS OF SALE
1. DEFINITION AND OBJECT OF THE CONTRACT
This contract (henceforth "Contract") is a distance contract pursuant to article 50 and following of the legislative decree of 6 September 2005 number 206 "consumer code". The Contract relates to the sale of movable property between Ottaviano Parfums et Beauté connecting rod of Ottaviano Andrea with registered office in Via San Filippo 8/e (from now "Ottaviano") and the consumer (from now on "Customer"). The Contract is concluded directly through acceptance by Ottaviano of a purchase proposal issued by the Customer via the website www.ottavianogroup.com and/or through other distance selling systems of Ottaviano.
2. PRODUCTS
All the prices of the products on the site Ottaviano are inclusive of VAT.
During the purchase phase, the Customer agrees to receive the products purchased based on the product codes (SKU) and, if present, the barcodes (EAN).
The images and descriptions on the site are for illustrative purposes only and may be out of date.
3. FREE SAMPLES
For each order equal to or greater than 48 euros spent (net of any shipping costs), Ottaviano freely gives the customer five samples of products in the catalogue, chosen from niche perfumes and cosmetics. During payment, the Customer has the option of indicating up to three perfumes among those listed as "available" on the site at the time of purchase and Ottaviano undertakes to fulfill the request or, in the event of unforeseen events and stock errors, to inform the Customer of the unavailability of one or more personalized samples (proposing valid alternative). The purpose of this gift is to offer the Customer the opportunity to try new and different perfumes, therefore it is not possible to indicate more than one sample per fragrance.
4. METHOD OF PAYMENT
The Customer is allowed to choose one of the following payment methods:
• Credit, debit or prepaid card
• PayPal
• Afterpay (if you buy with Afterpay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Scalapay IP SpA, related parties and their assignees, and that you authorize this assignment)
• Klarna
• Amazon Pay
• Advance bank transfer through your bank (online or in branch)
• Cash on delivery with payment in cash on delivery and a maximum purchase threshold of 999 euros (includes a supplement of 3 euros and can only be used for shipments within Italy)
5. DELIVERY OF PRODUCTS
Ottaviano accepts the Customer's orders within the limits of the quantities of the requested products existing in its warehouses. Therefore, the acceptance by Ottaviano of the purchase proposal forwarded by the Customer is subject to the actual availability of the products themselves. The products available on the site of Ottaviano are located in multiple warehouses and, for this reason, it is possible that the processing of a single order containing different products is delayed or that the products are shipped separately within multiple packages (at no additional cost to the Customer ).
Ottaviano undertakes to promptly notify the Customer of the need to make multiple shipments of a single order or any unforeseeable out-of-stocks due to excess demand or other causes. If the products are immediately available in a single warehouse, Ottaviano undertakes to ship the products to the address indicated by the Customer in compliance with the times indicated on the page Shipping methods and costs. Ottaviano reserves the right to suspend the shipment of the products or to cancel the orders if the data provided during the purchase phase is missing or incorrect.
6. COMPLAINTS
Any complaint can be sent by email to [email protected].
7. WARRANTIES AND ASSISTANCE
For electronic products purchased by the Customer are applicable to Ottaviano the rules on guarantees and assistance relating to the sale of consumer goods.
8. OBLIGATIONS OF THE CUSTOMER
The Customer declares and guarantees:
• To be a consumer in accordance with the provisions of art. 3 of the Consumer Code
• To be of age
• That the data supplied by the same for the execution of the Contract are correct and truthful
9. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the stipulated contract, without specifying the reason, within 14 days of receiving the products.
The Customer may exercise the right of withdrawal within the aforementioned term, by expressing it by email to the address [email protected] or, in alternativa, via a WhatsApp message or a phone call to customer service.
The Customer who intends to exercise the right of withdrawal must return the products perfectly intact and unused (still sealed, if received in this way), strictly in the same packaging in which they were received, to the address indicated on the invoice/transport document within 14 days from receipt of the products. The online sales document originally attached to the shipment must be matched with the products to be returned.
Pursuant to article 55, second paragraph, of the Consumer Code, the Customer will not have the right of withdrawal in the following cases:
• Used or damaged products
• Products opened by the Customer, therefore no longer intact
• Supply of products made to measure or personalized, or which by their very nature cannot be returned or are likely to deteriorate or expire rapidly
• Products invoiced to companies and not to individuals, or purchased with a VAT number
The return is charged to the Customer, who can organize himself independently using a courier or postal service of his choice, or use the express courier of Ottaviano at a cost of 8 euros. In case of an error by Ottaviano (for example, delivery of an incorrect product), the Customer has the right to free collection of the product to be returned by express courier.
The refund will be issued to the payment method used within 14 days of receipt of the products at the warehouse Ottaviano, subject to verification of the integrity of all products. Any shipping costs (standard or express) or cash on delivery in the order will not be refunded. If the returned products are used, damaged, opened or in packaging other than the original, Ottaviano will not be able to refund or replace the products.
10. RIGHT OF SUBSTITUTION
In case of replacement, the same rules as point 9 "Right of withdrawal" apply. Ottaviano will verify the integrity of the returned product and the presence of the required documents, after which it will prepare the new package, upon advance payment of the new shipment by the Customer.
In the unfortunate event that the Customer receives by mistake a product other than the one purchased, Ottaviano undertakes to supply him with the correct product upon return of the incorrect one, bearing both the shipping costs of the returned product and those of sending the correct product. The Customer is required to communicate to Ottaviano any receipt of an incorrect product within 2 days from the delivery date and to agree a return method with the company (sending of the courier to your home by Ottaviano or autonomous shipment by the Customer). The Customer is required to return the incorrect product well packed and in perfect condition, with the original unopened package. In case of return by the Customer of an incorrect product that is damaged, opened, used, without packaging or with damaged packaging, Ottaviano reserves the right to demand payment of the price of the incorrect product before proceeding with sending the correct one. The wrong product, if returned to Ottaviano in a state other than that of sending, it becomes in fact a purchase of the Customer and is sent back together with the one originally ordered.
11. ORIGINALITY OF THE PRODUCTS
All products sold by Ottaviano they are 100% original and authorized, as they come directly from the manufacturers or official distributors of the brands treated.
From time to time it is possible that manufacturers change the packaging and/or formulations of some products, even without notice. For this reason, the images and descriptions on the site are for illustrative purposes only and may not be updated.
If the Customer, accustomed to using a particular product, is not satisfied with the new packaging and/or the new formulation, he can exercise the right of withdrawal as per point 8, it being understood that the returned products must be intact and unused.
12. DAMAGED OR DEFECTIVE PRODUCTS
Ottaviano undertakes to carefully pack all products shipped to the Customer, however in exceptional cases damage may occur during transport. In the event that the package is obviously tampered with on the outside, the Customer is required not to collect it or to collect it with reserve: otherwise, Ottaviano takes no responsibility. Following the refusal or conditional collection of the package with damaged packaging, the Customer is required to notify Ottaviano within 2 days from the delivery date, in order to allow for the verification procedures foreseen with the courier in charge of the shipment and, if necessary, to agree on the replacement or refund.
In the unfortunate event that a product received presents manufacturing or conformity defects (for example, non-functioning dispenser or altered perfume), the Customer is required to notify Ottaviano within 14 days of receipt. Ottaviano in no case will it make refunds or replacements requested outside the times indicated above. The procedure for checking any defects involves returning the product to Ottaviano, which will send it to the distributor/parent company for all the required conformity tests. In case the defects are confirmed by the competent personnel of the distributor/parent company, Ottaviano will provide for the free replacement of the product and the reimbursement of the shipping costs incurred by the Customer for the return of the defective item. In alternative, the Customer may request a full refund of the costs incurred for the purchase of the product, including those for returning the defective item. In case of absence of defects or anomalies, the Customer will be required to pay 12 euros for the shipment of the product to the distributor/to the parent company and for the return of the same to his address by Ottaviano.
13. STOCK EXPENSES
The Customer is informed by email, both from Ottaviano both by the courier used and the progress of the shipment. Specifically, he receives an email after shipment and a second email with notification of the day of delivery.
The courier makes two passage attempts: if the Customer is absent on the first passage, the courier will repeat the next working day, unless the delivery area is served by the courier every other day. If the Customer is also absent on the second step, the parcel will be stored in the deposit closest to the delivery area. At this point, the Customer will have to personally take care of collecting the package within 2 working days, paying the related storage costs which increase day by day and the amount of which is established independently by the offices themselves.
Ottaviano can decide, in the event of failure to notify the Customer within 2 working days, to release the stock by returning the package to the sender's office.
Ottaviano is required to return the amount previously paid to the Customer, deducted from the costs of storage and return shipping to be quantified on a case-by-case basis.
14. MAJOR FORCE
In any case of force majeure or unforeseeable circumstances, Ottaviano does not consider itself responsible for the delay or non-delivery and reserves the right to terminate all or part of the contract and suspend or postpone its execution.
