TERMS AND CONDITIONS OF SALE

1. DEFINITION AND OBJECT OF THE CONTRACT

This contract (hereinafter "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 has as its object the sale of movable goods between Ottaviano Parfums et Beauté Biella di Ottaviano Andrea with registered office in Via San Filippo 8/e (hereinafter "Ottaviano") and the consumer (hereinafter "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 Ottaviano distance selling systems.

2. PRODUCTS

All product prices on the Ottaviano website include 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The images and descriptions on the site are for illustrative purposes only and may be out of date.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 every order of an amount equal to or greater than 60 euros of expenditure (net of any shipping costs), Ottaviano will freely give the Customer five samples of products in the catalogue, chosen from niche perfumes and cosmetics. During the payment phase, the Customer has the possibility of indicating up to three perfumes among those indicated as "available" on the site at the time of purchase and Ottaviano undertakes to fulfil the request or, in the event of unforeseen events and errors in stock, to communicate to the Customer the unavailability of one or more personalised samples (proposing valid alternative). Only for orders over €150 is it possible to choose samples of Amouage, Creed, Frederic Malle, Kilian, Portraits by Penhaligon's, Regalien, Tom Ford and Extrait de Parfum. 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. If you are not sure of the fragrance purchased or if it is a gift, you can also indicate in the notes field, at the time of checkout, your preference to receive a trial sample, so as not to have to open or spray the original bottle and to be able to request a return if necessary.

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 Ottaviano website are located within multiple warehouses and, for this reason, it is possible that the processing of a single order containing different products may be delayed or that the products may be shipped separately within multiple packages (without any additional cost to the Customer).

Ottaviano undertakes to promptly communicate to the Customer the need to make multiple shipments of a single order or any unforeseeable stock shortages due to excess demand or other causes. In the event that 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 hold the shipment of products or to cancel 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, the rules regarding guarantees and assistance relating to the sale of consumer goods apply to Ottaviano.

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 the responsibility of the Customer, who can organize it independently using a courier or postal service of his choice, or use the express courier of Ottaviano at a cost of 8 euros. In the event of an error by Ottaviano (for example, delivery of an incorrect product), the Customer has the right to free collection by express courier of the product to be returned.

The refund will be issued to the payment method used within 14 days of receipt of the products at the warehouse Ottaviano, after checking the integrity of all products. Any shipping costs (standard or express) or cash on delivery included 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 in 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, subject to advance payment of the new shipment by the Customer.

In the unfortunate event that the Customer mistakenly receives a product different from the one purchased, Ottaviano undertakes to provide the correct product upon return of the incorrect one, covering both the shipping costs of the returned product and those of sending the correct product. The Customer is required to communicate to Ottaviano the possible receipt of an incorrect product within 2 days from the delivery date and to agree with the company on a return method (home delivery by courier by Ottaviano or independent shipping by the Customer). The Customer is required to return the incorrect product well packaged and in perfect condition, with the original unopened packaging. In the event that the Customer returns 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 to send the correct one. The incorrect product, if returned to Ottaviano in a different state than that of shipment, effectively becomes a purchase of the Customer and is sent back to him together with the one initially ordered.

11. ORIGINALITY OF THE PRODUCTS

All products sold by Ottaviano are 100% original and authorized, as they come directly from the manufacturers or official distributors of the brands they sell.

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 9, it being understood that the returned products must be intact and unused.

12. DAMAGED OR DEFECTIVE PRODUCTS

Ottaviano undertakes to carefully package all products shipped to the Customer, however in exceptional cases damage may occur during transport. In the event that the package is evidently tampered with on the outside, the Customer is required not to collect it or to collect it with reservation: otherwise, Ottaviano does not take any responsibility. Following the refusal or collection with reservation of the package with damaged packaging, the Customer is required to notify Ottaviano within 2 days of the delivery date, in order to allow the verification procedures provided for with the courier in charge of the shipment and to agree, if necessary, on the replacement or refund.

In the unfortunate event that a product received has manufacturing or conformity defects (for example, a non-functioning dispenser or altered perfume), the Customer is required to notify Ottaviano within 14 days of receipt. Ottaviano will not, under any circumstances, issue refunds or replacements requested outside the timeframes indicated above. The procedure for verifying any defects involves returning the product to Ottaviano, which will send it to the distributor/parent company for all the required conformity tests. If the defects are confirmed by the competent personnel of the distributor/parent company, Ottaviano will provide a free replacement of the product and reimburse the shipping costs incurred by the Customer for returning the defective item. In alternativa, 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 the absence of defects or anomalies, the Customer will be required to pay 12 euros for shipping the product to the distributor/parent company and for returning it to its address by Ottaviano.

13. STOCK EXPENSES

The Customer is informed by email, both by Ottaviano and by the courier used, of the progress of the shipment. Specifically, he receives an email once the shipment has taken place and a second email with notification of the delivery day.

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 to the Customer the amount previously paid, minus the storage and return shipping costs to be quantified on a case-by-case basis.

14. MAJOR FORCE

In any case of force majeure or fortuitous event, Ottaviano shall not be held responsible for the delay or failure to deliver and reserves the right to terminate the contract in whole or in part and suspend or postpone its execution.