Online sales contract for durable goods
The goods to which the present general conditions refer are offered for sale by Xerjoff Group S.p.a, via Tenivelli 29, 10024 Moncalieri (TO), P.IVA 09547650011, hereinafter termed “Supplier”.
- The term "online sales contract" refers to the contract entered into by the Supplier and the Purchaser through a sales platform managed by the Supplier via telematic means.
- The term "Purchaser" refers to the consumer – whether a natural person or a legal entity who performs the purchase to which this contract refers for purposes unrelated to their commercial or professional activities. If the Purchaser is a legal entity (e.g. business firms or dealers) acting for purposes directly or indirectly related to his or her commercial activities, any right to waiver, that is, any right to withdraw or, in general terms, to cool off, is invalidated, in accordance with Art. 11 of the present contract.
- The term "Supplier" refers to the subject who performs the sale of the goods as they are described and presented on its website.
2) OBJECT OF THE CONTRACT
2.1 By means of the present contract, the Supplier sells and the Purchaser acquires remotely, via telematic means, the goods offered on the website www.xerjoff.com.
2.2 The goods offered for sale on the website www.xerjoff.com are detailed in the webpages of said website.
2.3 By placing an order on the website www.xerjoff.com, the Purchaser acknowledges to have read and accepted the terms and conditions of purchase and payment, as well as the obligations provided by the present contract and undertaken during the purchase procedure.
2.4 The Purchaser has no right to reimbursement for any damages incurred owing to the (even partial) failure of approval of an order.
2.5 The Purchaser may buy the goods on sale on the website www.xerjoff.com, as they are displayed on its, and detailed in the respective product descriptions.
3) PROCEDURE FOR THE EXECUTION OF THE CONTRACT
3.1 The contract between Supplier and Purchaser is executed exclusively by remote means over the internet. Having followed the procedures outlined, the Purchaser will formalize an offer for the purchase of the goods offered for sale on the Supplier’s website, i.e. www.xerjoff.com.
After receiving the order, Xerjoff Group s.p.a. reserves the right to carry out some checks before shipping (i.e. verification of the address, solvency and fraud control).
Xerjoff Group s.p.a. also reserves the right not to accept the order or to cancel it after sending the Order Confirmation.
Xerjoff Group s.p.a. also reserves the right to refuse any order for any reason, as well as the right to cancel any purchase (even if the order has already been confirmed) without being held liable for any damages and costs incurred, (and) in the following cases:
3.1 unavailability, even temporary, of the product due to any reason (in this case payment will be refunded);
3.2 the data entered for the invoicing/shipping are incorrect and/or are not verifiable;
3.3 the order placed by the customer appears to our security systems as "unusual" or as "at risk of fraud"
3.4 our systems are in doubt about the age of the customer (the purchaser must be at least 18 years old);
3.5 our systems recognize the purchaser as a reseller of products belonging to the same product category;
3.6 an error in the indication of the price of the products;
3.7 the impossibility of delivery of the goods to the address provided by the customer.
4) CONCLUSION AND EFFICACY OF THE CONTRACT
4.1 The sales contract will be concluded after the Purchaser’s correct compilation of the order form, the acknowledgment of his or her consent to purchase through the online acceptance of the terms on Xerjoff Group S.p.a ’s website www.xerjoff.com, and the submission of the order form. The latter will be preceded by a print-ready webpage displaying the order review and listing: the customer data and order details; the price of the good/s purchased; the postage costs, as well as any accessory charges; the methods and terms of payment; the address to which the goods will be delivered; the delivery time; the applicable conditions for the right to withdraw.
4.2 When the Supplier receives the order from the Purchaser, a confirmation e-mail will be sent and/or a print-ready webpage will be displayed with the confirmation and review of the order, in which the above mentioned data will be listed.
4.3 The contract between the two parties will be deemed null and void in case of failed compliance to the above mentioned provisions.
5) METHODS OF PAYMENT AND REIMBURSEMENT
5.1 The Purchaser will only be allowed to carry out the purchase following one of the payment methods indicated on the Supplier’s website: by credit card, bank transfer, or PayPal.
5.2 In case of legitimate right to withdraw in accordance with Art. 11 and ff. of the present contract, any reimbursements owed to the Purchaser will be swiftly credited within 30 (thirty) days after the notification to the Supplier of the claim to such right.
6) TIMES AND METHODS OF DELIVERY
6.1 The Supplier undertakes to deliver the products selected and ordered by the Purchaser according to the Purchaser’s preferences or by the means indicated on the website www.xerjoff.com at the completion of the order.
6.2 The Supplier will swiftly deliver the purchased products via courier.
6.3 If an order includes items in stock and ready to be delivered, as well as items to be ordered, it will be delivered in a single shipment, after the arrival of the items temporarily unavailable. The Supplier reserves the right to process also partial orders.
6.4 The Supplier cannot be held responsible for damages, whether direct or indirect, due to delayed delivery in case of force majeur or unpredictable events.
6.5 In case of multiple orders for a product being requested at the same time, the Supplier reserves the right to check, after receiving the order, whether the requested item is available and will swiftly inform the Purchaser about the impossibility to accept the order if the said item is not available.
6.6 If the courier cannot deliver the products due to the recipient's absence, or due to the closure of the premises at the address indicated, a second attempt at delivery will be made. If the second attempt is not successful for reasons attributable to the recipient, or in case of refused delivery, incorrect address, or the impossibility to contact the recipient about the execution of the delivery, the product will be returned to the Supplier at the recipient's (Purchaser's) charge. The Purchaser will then receive a voucher worth the amount paid for the product, minus postage costs.
6.7 On accepting the delivery, the Purchaser must verify that the package is intact, undamaged and without any sign of tampering. The Purchaser is advised to write "Accepted subject to inspection" on the courier's proof of delivery stub, in order for Xerjoff Group S.p.a to ascertain liabilities in case of evident damages to the package.
6.8 Xerjoff Group S.p.a requests that any damage to the delivered product be reported within 2 (two) days of the delivery, by contacting the Customer care email address: email@example.com.
A complaint will be filed for damages, theft or other malpractice, in order to ascertain the courier's liabilities and verify the presence and entity of damages incurred during the delivery. Such damages should also be documented by a digital image attached to the email sent to the Supplier's Customer care service. It is understood that the legal warranty covered by Art.132, par. 2 of the Civil Code in reference to the Purchaser is fully applicable.
6.9 The methods, times and charges for postage and delivery are clearly specified on the Supplier's website.
6.10 The supplier reserves 48 hours to manage orders and, in any case, orders will be handled from Monday to Friday from 9am to 6pm. Italian Time zone.
7.1 The retail price for all products displayed on the website www.xerjoff.com are in Euros and represent an offer to the public, pursuant to Art. 1336 of the Civil Code.
7.2 The retail prices include VAT and any other additional tax. The costs for postage and delivery will be swiftly communicated by Xerjoff Group S.p.a in the email confirming the acceptance of the order. This email also represents proof of acknowledgment of receipt of the order form sent by the Purchaser.
7.3 The prices indicated for all products offered on sale to the public are valid until the date shown on the website www.xerjoff.com, or until stocks last.
8) AVAILABILITY OF PRODUCTS
8.1 The Supplier undertakes to prepare and send the order without any delay.
8.2 If an order exceeds the quantity held in stock for a product, the Supplier will inform the Purchaser by email of its unavailability and of the expected waiting time before the product is restocked, while asking the Purchaser whether he or she intends to confirm the order.
9) LIMITED LIABILITIES
9.1 The Supplier will not be held responsible for any inconveniences arising from causes of force majeure or from accidental causes that might prevent the Supplier from completing the order within the time stated in the contract.
9.2 The Supplier will not be held responsible for any damage, loss or expenses incurred by the Purchaser, due to the failed completion of the order for reasons not attributable to the Supplier.
10) PURCHASER’S OBLIGATIONS
10.1 The Purchaser undertakes to pay the price of the purchased product according to the methods and within the times stated by the contract.
10.2 The Purchaser undertakes to print and keep a copy of the contract after completing the purchase procedure.
11) RIGHT TO WITHDRAW AND RETURN OF GOODS
11.1 Pursuant to Art. 55 of the Consumer Code, the Purchaser will not be entitled to the right to withdraw in all the following cases:
- in the supply of tailor-made and customized goods;
- in the supply of goods that by their nature cannot be returned without the risk of accelerated deterioration or perishability.
The right to withdraw is not applicable to natural persons or legal entities acting for commercial purposes or for purposes related, directly or indirectly, to their business activities.
11.2 In order to exercise the right to withdraw, the Purchaser will be requested to inform the Supplier within 14 days after receiving the order. This communication must be sent via registered letter with acknowledgment of receipt by using the form called “WITHDRAWAL FORM” downloadable from the website www.xerjoff.com. The form must be sent to: Xerjoff Group S.p.a, via Leonardo da Vinci 29, 10095 Grugliasco (TO).
After the Supplier has received the withdrawal form, the Customer care service will inform the Purchaser of its receipt and will communicate the instructions on how to return the goods.
11.3 If applicable, the right to withdraw is allowed under the following conditions:
- the right to withdraw can only be exercised in reference to the order as a whole, as opposed to only a part of the purchased goods;
- the purchased product must be returned intact and in the original package, complete in all its parts, including the packaging and the accompanying documentation;
- the Supplier will not be held responsible for any damage, theft or loss of goods not returned with registered postage;
- on being returned to the Supplier’s warehouse, the returned product will be carefully examined to verify any damage or tampering not attributable to the delivery;
- the Supplier will refund the Purchaser for the full amount within 14 days, minus the costs that may have been incurred for the restoration of the product in the process of the ascertainment of damages.
11.4 The right to withdraw will not apply if the product is not returned intact (both in the packaging and its contents), in other words, if the Supplier certifies:
- the absence of external or internal packaging;
- the absence of integral parts of the goods;
- the absence of the label attached to the product;
- any damage done to the product.
If the right to withdraw is not applicable, the Supplier will return to the Purchaser the purchased product, charged with the postage costs, without refunding the product’s value.
11.5 The goods must be returned to the Supplier intact and in their original packaging. Unauthorized returns, or goods returned in makeshift packaging, will not be accepted under any circumstances. Moreover, no return of perishable products will be authorized and accepted.
11.6 The procedure for the replacement of a product, or one of its parts, will be activated only if any of the following conditions take place (except in case of lack of conformity covered by Art. 128 and ff of the Consumer Code):
- if a product different to the one chosen by the Purchaser has been incorrectly delivered by the Supplier. In case of such oversight, the Purchaser is required not to open the package and to report the oversight to Xerjoff Group S.p.a via the webpage “Contacts” or via email to the address: firstname.lastname@example.org.
11.7 In case the Purchaser wants to exercise the right to withdraw or request the replacement of a product, he or she must contact the Customer care service: email@example.com, before returning it.
In this case it will also be necessary for the Purchaser to prepare the following documents and notify the following data:
- original invoice (including order number, invoice number, customer code);
- in case of partial withdrawal, the product code together with the invoice;
- instructions whether the Purchaser prefers to claim a full refund or a replacement of the product.
11.8 In case of withdrawal:
- the product must be returned to the courier in its original packaging;
- the product must not be used;
- the product must still have its label attached;
- if more than one product is returned, they must be sent back in a single package.
If all these conditions are observed, the Purchaser is requested to inform the Supplier within 14 days whether he or she is claiming for a replacement of the product or a full refund, to be paid by means of the same method of payment employed for the purchase.
12.1 The products sold by the Supplier are accompanied by the manufacturer’s official warranty and by the seller’s legal warranty, pursuant to Art.128 and ff of the Consumer Code. The warranty applies to the product with aesthetic defects and/or malfunctionings not apparent at the time of purchase, as long as the product has been used correctly and with due care.
12.2 In order to make a claim under the warranty, the Purchaser must keep a copy of the digital invoice and, whenever possible, attach to the claim a photograph of the product.
12.3 The presumption for lack of conformity of a product has a limit of 24 days.
13) GROUNDS FOR TERMINATION
13.1 The obligations mentioned in paragraph 10.1 are substantial: by express agreement the failure to comply with even one of them, except in cases of force majeure or by accidental events, will determine the legal termination of the contract, pursuant to Art. 1456 of the Civil Code, without any judicial decision.
14) METHODS OF FILING THE CONTRACT
14.1 According to Art.12 of Decree 70/2003, the Supplier will inform the Purchaser that all orders will be filed as a digital or physical copy on the Supplier’s server or at the Supplier’s premises, in accordance with criteria of confidentiality and security.
15) APPLICABLE LAW AND RESOLUTION OF DISPUTES
15.1 The present contract is made under the Italian law. The competent court for hearing disputes is that of the Purchaser’s residence, in case he or she is a natural person or a legal entity who performs the purchase referred to by this contract for purposes unrelated to their commercial or professional activities. In case the Purchaser is a legal entity acting for purposes directly or indirectly related to their commercial activity, the exclusive competence for solving any dispute about the validity, interpretation and execution of the present sales contract is acknowledged by both parties to rest with the Tribunal of Turin.
According to Art. 52 of the Consumer Code, the Purchaser acknowledges to have received all the information needed for the valid execution of the present contract by remote means.
Pursuant to the Art.1341 of the Civil Code, the Purchaser expressly approves the articles 4, 6, 9, 10, 11, 12, 13, 15 of the contract hereby entered into.
16) SAMPLE KIT
In the event that a customer does not create their own free "Sample Kit" on the website, the company will create it at their own discretion, based on the availability of the products, and send it to the customer.
The purchase of one or more Sample Kits entitles the customer to receive a maximum of one discount voucher worth a single Sample Kit.
Perfume samples are not available to be sold separately.
The voucher code that you receive can be used within 60 days and cannot be accumulated to use among other codes within the same order.
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18) BANK WIRE COORDINATES
XERJOFF GROUP S.p.a
IBAN: IT 40 Y 03268 01008 052893314490
BBAN: Y 03268 01008 052893314490
BANCA SELLA AG.8
CORSO ORBASSANO, 193 - 10137 TORINO - ITAL