Online Sales Agreement
Olfattiva S.r.l. (C.F./P.IVA 02562980397), in the person of the legal representative pro tempore and Sole Director, Mrs. Barbara Pozzi, with registered office in Massa Lombarda (RA), Viale Zaganelli, n. 30, certified e-mail address: olattiva_srl@pec.it, hereinafter referred to as “Olfattiva” and/or “Seller” for the sake of brevity
In shape
that it is possible to purchase, via the website https://www.olfattiva.it (hereinafter, the Website), our products, such as, by way of example: perfumes, perfumed oils, cosmetics for the person and for the environment and related accessories, natural flavourings, natural foods and beverages (hereinafter the Good).
This contract, in Italian, applies exclusively to the remote sale, carried out via the web, of the Goods offered on the Seller’s Site, in correspondence with which the button for sending the Order is present.
The site provides the information required by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments), where applicable, on the characteristics of the products, their packaging, delivery times and the right of withdrawal. This information is made available in Italian.
Consultation of the Site by the Purchaser allows full knowledge of the information published therein and implies consent to the use of the digital format of the deeds and documents relating to the sale of the Goods, without the need for paper support.
Object of the contract
The Goods offered for sale by the Seller are those offered to the public on the Site; the description, images and methods of consumption are to be considered merely illustrative and indicative, in any case not binding.
The sold Good complies with the description provided by the Seller and contained in the product sheet on the Site and has the qualities indicated therein.
Conclusion of the contract
The Goods are offered by the Seller, as proposed on the Site, to the public, in accordance with the methods and conditions specified in this Contract and on the Site itself.
This contractual regulation applies exclusively to purchases made through the Site.
Purchase Orders must be placed online, using the procedures indicated on the Site.
The Purchase Order is intended to be sent to the Seller after the Buyer has:
Completed all the mandatory fields in the Order Form published online;
Clicked the button responsible for sending the Order, after verifying the correctness of the data.
The sales contract will be considered concluded when the Seller receives the Order from the Purchaser, the same being valid as full acceptance of the offer, pursuant to articles 1326 and 1336 of the civil code and all the conditions and terms indicated in this contract and on the Site.
The Seller will send the Purchaser, to the e-mail address indicated by the latter at the time of the Order, a receipt containing the summary data of the sale (indication of the essential characteristics of the Good purchased, price, means of payment, conditions of withdrawal, date of delivery, any delivery costs and applicable taxes, number to contact for information relating to the Goods sold – the so-called Order Confirmation).
The Purchaser must verify the correctness of the data reported, both in the Order and in the subsequent Order Confirmation and will be required to report any errors to the Seller and to request their correction within and no later than 6 hours from sending the Order or from the receipt of the Order Confirmation.
Should there be occasional unavailability, for any reason, of the Goods present on the Site and chosen by the Purchaser, the Seller will promptly notify it, in any case within 24 hours of receiving the Purchaser’s Order, who will have the right to request the replacement of the Goods with another Good available, except for any differences in price and delivery, or to ask for the cancellation of the Order without charges of any kind against him.
Goods delivery methods and terms
The Delivery of the Goods will be carried out, by courier and/or in any case recognized national/or international carriers (first carrier), to the address indicated by the Purchaser at the time of the Order and indicated in the Order Confirmation, within 48 hours of receipt of the ‘purchase order, in the event of simultaneous and full payment of the consideration, or within 48 hours of receipt of the same, unless otherwise specified in the Order Delivery (weekends and public holidays should not be considered). In special cases such as islands or peripheral areas, delivery times may extend up to 72/96 hours.
You will receive an email upon shipment. From that moment, it will be the buyer’s responsibility to be available at the delivery address in the following 48 hours.
For foreign countries, delivery times vary according to the destination area, starting from a minimum of 3/5 working days from the time of shipment.
Home delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8.00 to 13.00 and from 14.00 to 18.00, every weekday from Monday to Friday.
The customer is required to be available at the times described, in order to avoid any additional charges for non-delivery by the express courier, charges which otherwise will be charged to the customer himself.
Delivery will be at the risk and peril of the Purchaser; therefore, the risks of custody and/or loss and/or damage to the Goods sold will pass to the Purchaser upon delivery, by the Seller, to the first carrier for sending the Goods sold to the Purchaser pursuant to this contract of sale.
However, if the Purchaser simultaneously holds the status of Consumer, pursuant to art. 63 of the Consumer Code, pursuant to Legislative Decree no. 206/2005 and subsequent amendments, and always in case of applicability pursuant to art. 47 of the Consumer Code itself, said risks will be transferred to the Consumer only when the latter or a third party designated by him, will physically come into possession of the Good, unless the carrier has been chosen by the Consumer, in which case passing on the latter the risk already at the time of delivery of the Goods by the Seller to the carrier identified by the Consumer.
The customer is required to be available at the times described, in order to avoid any additional charges for non-delivery by the express courier, which will be charged to the customer.
Without prejudice to the right of withdrawal where applicable, the Customer is required to verify, upon receipt of the Goods, its conformity with the order placed, as well as the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document and, only after this careful verification, sign the delivery documents. In any case of discrepancy and/or non-integrity of the Goods and/or of the packages delivered, he must make a precise report on the same accompanying document, in any case without prejudice to the terms for reporting the defects established by law, as well as by the subsequent art. 5). The customer assumes full responsibility for what is declared.
Shipping fees
Shipping costs are charged to the Purchaser and are equal to €4.50, for purchases of Goods with a value of less than €35.00, and will be specified in the Order Confirmation.
The shipping costs, provided that they are within the Italian territory, will instead be borne by the Seller, in the event of the simultaneous purchase of one or more Goods with a value exceeding € 35.00.
In the event that the Purchaser prefers to use a different shipping method, or the destination is outside the Italian territory, the shipping costs will be communicated in advance and indicated in the Order Confirmation.
The buyer undertakes to communicate together with the Order (in the Notes section) and/or by written communication to the Seller any impediments that may prevent and/or make delivery of the Goods more difficult, undertaking to remove them and/or specific indications relating to shipping. Any costs deriving from omissions and/or errors of information by the Purchaser will be at its sole expense, as well as any delays in delivery related to such omissions and/or incompleteness will not be attributable to the Seller.
In any case, the Seller’s liability is excluded if the delay in delivery of the sold Good is attributable to force majeure or unforeseeable circumstances.
At any time, the Purchaser may acquire information regarding the delivery status of the Goods by contacting the address info@olfattiva.it, indicated by the Seller in the Order Confirmation.
Price
The consideration shown on the Site at the time the Order is sent is applied to the purchase of the Goods, without any previous and/or subsequent offers being taken into consideration.
All prices for the purchase of the Goods offered on the Site are inclusive of taxes.
All expenses to be paid by the buyer are indicated on the Site, otherwise borne by the Seller.
The consideration must be paid by the Purchaser to the Seller immediately upon receipt of the Order Confirmation, through the following alternative methods, however indicated on the Site:
payment by credit card, debit or prepaid card (for the circuits indicated on the Site), after entering all the necessary data;
- payment by credit card or prepaid card with Payway (for the circuits indicated on the Site);
- payment via PayPal circuit;
- Satispay;
- payment by bank transfer using the following details:
- IBAN: IT11N0854267570000000292529;
- causal: Order ID.
In the absence of full payment of the consideration by the Purchaser within the essential term of 5 (five) days from receipt of the Order Confirmation, this contract shall be understood, for all purposes of reason and/or law, terminated, with cessation of any related effect and any obligation on the part of the parties, without the need for communications.
Defects of the Goods and Seller’s Warranties
The Seller guarantees the Buyer full ownership of the Goods sold.
The Seller also guarantees to the Purchaser that the Asset is not burdened by charges and/or real or personal rights of third parties.
The Seller guarantees that the Goods sold are free from defects that make it unsuitable for the use for which it is intended or appreciably reduce its value, pursuant to art. 1490 of the civil code and except for the provisions of art. 1491 of the civil code
The Purchaser undertakes to check with due diligence, at the time of delivery, that the Good received is actually the one ordered, is free from defects (so-called apparent defects) and that the packaging is intact. Any complaints about the packaging must be made directly to the carrier at the time of delivery, specifying “goods accepted with reserve” in the delivery note to be signed upon delivery and sending, by the Purchaser, photos of the damaged packaging; otherwise the Seller cannot be held responsible in any way for any missing or tampered packages not reported directly to the carrier at the time of delivery.
Any complaints relating to the quality, quantity, external characteristics of the Goods (so-called apparent defects) must, in any case, under penalty of forfeiture, be communicated via pec to the address olattiva_srl@pec.it and/or by registered mail, and/or to the e-mail address info@olfattiva.it, to the Seller no later than n. 8 (eight) days from the date of delivery of the Asset, pursuant to art. 1495 of the civil code
Any complaints relating to defects in quality, quantity, external characteristics of the Goods that cannot be identified through a diligent check at the time of delivery (so-called hidden defects) must be reported, under penalty of forfeiture, to the Seller, via pec at the address olfattiva_srl@pec. it and/or by registered mail, and/or to the e-mail address info@olfattiva.it, no later than 8 (eight) from the discovery.
Termination of the contract and right of withdrawal
Pursuant to and for the purposes of art. 1517 of the Civil Code, this contract will be terminated by right in favor of the compliant contractor, if the latter, within the terms and conditions established by this contract, has offered its obligation to the other contractor in vain, by means of written communication to be sent to the other party within 8 (eight) days from the deadline.
As established in the previous art. 4), failure and/or partial payment of the consideration within the term of 5 (five) days from receipt of the Order Confirmation, will result in the immediate termination of this contract, without the need for any communication.
It is attributed to the Buyer, who at the same time holds the status of Consumer, in case of applicability pursuant to art. 47 of the Consumer Code and with the exception of the hypotheses provided for in art. 59 of the Consumer Code, the right to withdraw (the so-called right to change his mind) from the remotely concluded contract, for any reason, without the obligation to give reasons and without any penalty, within 14 (fourteen) working days from receipt of the sold Good, by means of communication written to be sent, through the relative form available on the Site or by registered mail or via pec, to the addresses indicated in the epigraph and/or to the email address info@olfattiva.it, to the Seller before the expiry of said term. As a result of the withdrawal, the Purchaser will be entitled to a full refund of the sums paid under the Contract, within 14 days.
In this regard, it should be noted that the withdrawal cannot be exercised in the cases provided for by art. 59 of the Consumer Code and, in particular, in the one provided for by lett. E), which excludes this option in the case of “supply of sealed goods which do not lend themselves to being returned for reasons of hygiene or related to health protection and which have been opened after delivery”.
It should be noted in any case that, in the event of withdrawal, if the delivery of the Goods has already taken place, for reasons of safety and hygiene, returns of products will not be accepted which, upon return, will be even only partially opened and/or tested and/or tampered with and therefore not intact and/or complete, including any seals and/or external casings, accessories and instructions; therefore, in this case, any refund is excluded.
Therefore, the Buyer, who at the same time holds the status of Consumer, if the delivery of the Good has already taken place, may exercise the withdrawal only after careful verification of the integrity of the Good itself, and in this case, may return, at its own care and expenses, to the Seller the purchased Good by delivering or sending it to the Seller at the address indicated in the epigraph in the original packaging, complete in all its parts and reasonably intact, within 14 days of receipt of the Good. In this case, the Seller will be required to reimburse the Buyer for the sums received in execution of the sales contract, within 14 (fourteen) days of the return of the Goods, subject to a positive verification of conformity and integrity of the returned goods, remaining at the Buyer’s expense only the direct costs of returning the Goods.
Reimbursement will take place, if the conditions exist, through the issue of a voucher of equal value to be used, without expiry, for purchases on the Site, according to the procedure set out on the Site.
General provisions
Any expense, including stamp duty and/or registration, will be borne by the party who made it necessary with his conduct.
Any modification to this contract will be valid and effective only if resulting from a written agreement between the Parties.
Any communication required or permitted by this contract must be made in writing, if addressed to the Seller, to the addresses indicated in the epigraph, and if addressed to the Buyer, to those indicated in the Order Confirmation.
For any need relating to the Product, the Purchaser may contact the Seller at the contact details indicated in the epigraph and/or at the email address info@olfattiva.it.
Any tolerance of one of the parties in relation to the behavior of the other in violation of the provisions contained in this contract does not constitute a waiver of the rights deriving from the violated provisions, nor of the right to demand the exact fulfillment of all the terms and of all the conditions set forth herein.
The Seller’s Site provides the information prescribed by the Consumer Code on the characteristics of the products and their packaging, on delivery times, on the right of withdrawal in remote contracts.
Consultation of the Site by the Purchaser allows full knowledge of the information published therein and implies consent to the use of the digital format for all deeds or documents relating to the sale of the Goods and/or the provision of the services offered, without the need for paper support.
Any liability on the part of the Seller is excluded, towards the Buyer and/or third parties, which may derive, directly and/or indirectly, in any capacity, from the use of the Goods sold and/or from the creation and use, in any form, of the Product obtained through the Goods sold.
This contract cancels any different previous agreement between the Parties.
Applicable law
This contract is governed and interpreted according to Italian law and is subject to Italian jurisdiction. For anything not expressly provided for in this contract and in the general conditions of sale, please refer to the applicable provisions of the Civil Code, as well as those contained in Legislative Decree no. 70/2003 and/or in those envisaged by the Consumer Code, of which Legislative Decree no. 206/2005 and subsequent amendments, if the Buyer simultaneously holds the status of Consumer, and any other information that can be found and made available on the Buyer’s Website.
Jurisdiction
For any controversy deriving from this contract or connected to it, the Court of the Seller’s headquarters will be exclusively competent, except in the case in which this sales contract is concluded with the Consumer, in which case the Consumer’s Court is competent, i.e. the one where the same has its own residence at the time of the application.
Treatment of personal data
The personal data provided will be processed manually or through IT systems, in full compliance with Legislative Decree no. 196/2003 and subsequent amendments and additions and the legislation provided for by the GDPR European Re. n. 679/2016.
These data may be used to create a mailing list to convey specific initiatives of the Seller in favor of the Purchaser, who, with the conclusion of the sales contract, gives his authorization.
Pursuant to the legislation in question, the interested party has the right to have confirmation of the existence of data concerning him, to request their cancellation, if collected unlawfully, their rectification and updating, as well as to oppose, for legitimate reasons, the processing of his personal data. data carried out for commercial purposes, sending advertising material, submitting to market research and receiving interactive commercial communication.
