Malanotte Parfum

This website www.malanotteparfum.com and the related services and content (hereinafter the “Site”) is provided to the users and/or customers (the “Users” or “User”) for the promotion and sale of the consumer goods of the brand Malanotte Parfum, owned by Farmacia Saleri della Dott.ssa Giovanna Saleri and for the provision of related services such as the newsletter and contact form (the “Purposes”).

Farmacia Saleri della Dott.ssa Giovanna Saleri has its headquartered in Brescia, Italy, in Via Adelaide Malanotte no. 4, 25131, tax code and VAT no. 03623320987, (the “Vendor”).

The access, consultation, registration or any other use of the Site and of the related content and services and the purchase of products offered on the Site (the “Use” or “Using”) are activities governed by these terms and conditions (the “Terms and Conditions of Use”).

Use of the Site assumes knowledge of these Terms and Conditions of Use and requires their full, unconditional acceptance.

You are therefore asked to read these Terms and Conditions of Use carefully, together with the data protection policy and the terms and conditions of sale, before using the Site.

1. Use of the site

   1. Use of the Site is only permitted for personal reasons, closely related to the Purposes, which are unrelated in any way to any professional, business, trade and/or commercial activity.

   2. Use of the Site is only permitted to persons over the age of 18.

   3. When using the Site, the User agrees not to:

      1. disclose any false data or information, any data or information that is inaccurate or relates to any third party, without the express consent of such third party, and not to make any improper use of such data;

      2. upload, communicate and/or transmit any material, content, links, files or anything else that:

         1. may be obscene, intimidating, offensive, damaging, violent, fraudulent, confidential or illegal in nature;

         2. constitutes spam, pyramid or chain communications or other forms of commercial promotional or communications or advertising that is not authorised in writing by the Vendor;

         3. is technically hazardous or harmful such as computer viruses, malware, codes and other instruments that may damage the computer systems of the Vendor or of a third party;

      3. interferes with, interrupts, damages, violates and/or tampers with the Site and its normal functioning;

      4. infringes the rights of third parties, the Terms and Conditions of Use and the Terms and Conditions of Sale of this site and/or any provision of current law such as Law no. 633 of 22 April 1941 on copyright, and Regulation EU 679/16 (GDPR) and legislative decree no. 196 of 30 June 2003 on data protection.

   4. The Vendor may, at any time, interrupt, suspend and/or revoke the Use of the Site at any time, at its own discretion, without the obligation to give a reason. The User hereby acknowledges and accepts that the Vendor shall not under any circumstances be held liable for any interruptions, suspensions and/or revocations of Use of the Site.

2. Rights of intellectual and industrial property and rights to databases

   1. Any rights to the content present in or made available on the Site or related to the same, including but not limited to: text, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software programs, designs, technical solutions and the structure utilised for the Site, databases (hereinafter the “Content”) is owned by the Vendor and by the related owners who have direct and/or indirect commercial relations with the Vendor, and is protected by national and international laws on intellectual and/or industrial property rights and/or databases.

   2. With the exception of the temporary reproduction of the Content for activities that have no independent economic purpose and are closely related to the Purposes, the Content may not be modified, reproduced, published, transferred, circulated or otherwise used in any form or in any way without the express written consent of the Vendor.

   3. In any case, it is agreed that the User’s Use of the Site shall not give the User any right whatsoever to any of the Content.

   4. The User may not carry out any operation that conflicts with the normal management of the Vendor’s database and with the databases of the related owners who have direct and/or indirect commercial relations with the Vendor or which may cause unjustified harm to them.

   5. Within the limits of the provisions of the applicable national and international laws on intellectual and industrial property and/or databases, the systematic extraction and/or utilisation of the Content on the Site is strictly prohibited, also by means of data mining, robots or other data mining or acquisition systems. The creation and/or distribution of databases that reproduce all or any part of the Contents of the Site or the related services, is also strictly prohibited without the express written consent of the Vendor.

3. Marks and domain names

   1. The marks, domain names and all the other distinctive marks contained in and/or related to the Site are the exclusive property of the Vendor or of the respective owners who have direct and/or indirect commercial relations with the Vendor.

   2. The use of distinctive marks in any form or in any way is strictly prohibited, without the prior written consent of the Vendor or of the respective owners.

   3. In any case, there is a strict prohibition on using the name of the Vendor or of persons who have direct and/or indirect commercial relations with the Vendor or of their proprietary distinctive marks such as domain names and marks by means of metadata (such as meta tags and keyword tags) without the written consent of the Vendor or of the respective owners.

4. Links to other websites

   1. The Site may contain hypertext links or links to other websites that may have no connection whatsoever to this Site.

   2. Such links have only been included by the Vendor for the purposes of facilitating the Users’ navigation online, and for their connection to other websites.

   3. The inclusion of a link does not imply any form of suggestion, sponsorship and/or recommendation by the Vendor for the Use of the linked websites, nor does it constitute any type of guarantee as to the content, services or goods offered or sold by such sites.

   4. The Vendor does not check, in any way, the websites linked via these links nor the information, materials or products contained on them and therefore the User hereby acknowledges and accepts that the Vendor may not be held liable for the actions, services, products, content or policies on those websites, also in relation to their processing of personal data and their terms of sale.

   5. We therefore suggest that the User carefully reads the terms of use, conditions of sale, privacy policies and any other legal information on websites other than the Site.

5. Links to the site

   1. Hypertext links may be activated to the Site with the written authorisation of the Vendor. For this purpose, the Vendor should be contacted at the following email address: info@malanotteparfum.com.

      The Vendor may, at any time, object to the activation of links to the Site, also in view of the requester’s previous use of unfair business practices or practices that do not conform to industry standards, or any unfair competition or acts that may have damaged the Vendor’s reputation.

   2. Links such as deep links or deep frames may not be activated to the Site without the written consent of the Vendor.

6. Use of personal account

   1. The User shall provide correct, complete details when registering their personal account and shall promptly inform the Vendor of any changes to the details supplied.

   2. Users with personal accounts on the Site shall treat their login credentials in the strictest confidence and shall monitor the regular operativity of their accounts, immediately reporting any use or attempted use of their account by an unauthorised third party.

   3. The User agrees that he/she is the only person responsible for any action taken on his/her account and for any harmful consequences or prejudice that may be caused to the Vendor or to a third party following the use of their personal account in breach of the Terms and Conditions of Use, of the other legal provisions on the Site and/or of the applicable provisions of law, and for the loss or theft of their login credentials.

   4. The Vendor may, at any time, suspend, modify or cancel the personal account of any User who violates the terms and conditions of use or the other legal information on the Site, or the provisions of law also at the discretion of the Vendor, without any obligation to give a reason. The User hereby acknowledges and accepts that the Vendor shall not under any circumstances be held liable for any suspensions, modifications or deletions of his/her personal account.

7. Guarantees and responsibility for use of the site

   1. The Vendor provides this Site “as is” without any form of express or implied guarantee for the User.

   2. The Vendor does not provide any guarantee as to the regular functioning of the Site or of any sites related directly or indirectly to it. Within the limits permitted by law, the Vendor shall not be liable for any loss or damage resulting from Use of the Site or the sites of third parties connected to it directly or indirectly, including but not limited to: damage to computer systems, damage due to loss of data or business opportunities, damage due to the interruption of economic activity or deriving from any error, delay, omission or inaccuracy on the Site.

   3. The User hereby acknowledges and accepts that the Vendor may not be considered to be in breach of its obligations nor shall it be held liable for any loss or damage caused by the non-functioning or malfunctioning of the hardware or software of the User or of any third party, of telephone lines and/or data lines not managed directly by the Vendor, or caused by actions of other Users and/or third parties.

   4. The User is the only party responsible for the Use of the Site. Within the limits permitted by law, no liability whatsoever shall be attributed to the Vendor for any use of the site by the User that may conflict with the provisions of laws in force, with the legal information contained on the Site and/or which may harm any rights of any third party. Within the limits permitted by the applicable laws in force, the User shall indemnify the Vendor in respect of any cost or damage, including any legal costs that may be caused by its Use of the Site which violates the provisions of laws in force, the legal information contained on the Site and/or which may harm the rights of a third party.

8. Privacy policy

   1. With regard to the processing of the Users’ personal data, please see the Privacy Policy.

   2. With regard to the use of specific services provided at the request of the User, specific information will be provided, and specific consent to the processing of personal data will be required where necessary.

9. Important information

   1. The Vendor has taken every precaution to prevent the publication on the Site of any content that may describe or represent any scene or situation of physical or psychological violence or is such that, in the Users’ view, it may be considered harmful to civilised beliefs, human rights or dignity in any form or expression. In any case the Vendor provides no guarantee that the content of the Site is appropriate or lawful in any other country apart from Italy. However, if the content is considered to be illegal or unacceptable in any of these countries, access to the Site is not recommended and if the User decides to access it anyway, his/her use of the services shall be under his exclusive, personal responsibility.

   2. Without affecting the contents of the legal information on the Site and the provisions of laws in force, the Vendor may – at any time, without any obligation to give notice – amend any of the information, content or other elements of the Site.

   3. If the Vendor and/or any third parties with whom the Vendor has direct or indirect commercial relations, delays or fails to exercise any of their rights according to the Terms and Conditions of Use, the other legal information on the Site or the provisions of laws in force, this shall not constitute any waiver of the enforcement of such rights in relation to acts carried out now or in the future.

10. Governing law and resolution of disputes

    1. These terms and conditions of use are governed by Italian law.

11. Amendments to the terms and conditions of use

    1. The Vendor may amend all or part of these Terms and Conditions of Use, also in consideration of any changes in the law and/or changes to its own commercial policies. Any changes shall be communicated to the Users on this page of the Site, and shall be binding as soon as they are published on the Site.

    2. The User shall be bound by the Terms and Conditions of Use in force at the time on which they Use the Site.

12. Customer service

    1. For assistance with the Products, or for more information, suggestions, complaints and/or any other requests, the Customer may contact the Vendor’s customer service department at any time using the Contact form or using the following contact details:

       by e-mail: info@malanotteparfum.com;

       by post: Farmacia Saleri della Dott.ssa Giovanna Saleri, headquartered in Brescia, Italy, via Adelaide Malanotte n. 4, 25131.

These terms and conditions of sale (“Terms and Conditions of Sale”) govern the offer and sale of goods on this website web www.malanotteparfum.com (the “Site”).

The goods bought on the Site (the “Products”) are sold directly by Farmacia Saleri della Dott.ssa Giovanna Saleri with headquartered in Brescia, Italy, in Via Adelaide Malanotte no. 4, 25131, tax code and VAT no. 03623320987, (the “Vendor”).

These Terms And Conditions Of Sale must be read and accepted before a purchase order can be placed. Failure to accept these Terms And Conditions Of Sale will make it impossible to make purchases on the Site.

1. Preamble

   1. The Terms and Conditions of Sale only govern the offer, placement and acceptance of orders to buy Products on the Site, between the Vendor and the Site Users.

   2. On the Site, the Vendor offers the Products for sale and provides e-commerce activities only for its end customers who are over the age of 18 and who are “consumers”, namely individuals acting with purposes that do not relate to any commercial, business, trade or professional activity they may perform (the “Customer”).

   3. The offer and sale of the Products relates only to those countries listed in the List of Countries on the relevant page of the Site, which can be reached via the home page.

   4. The Vendor reserves the right not to fulfil any orders from non-consumers and/or from persons under the age of 18, or from any country not included in the List of Countries, or any order that does not conform to its own commercial policy.

   5. The Terms and Conditions of Sale do not govern the sale of goods or the provision of services by parties other than the Vendor, even if they are present on the Site through links, banners or other forms of connection. It is the Customer’s responsibility to check the conditions of sale before submitting an order or buying goods and services from parties other than the Vendor. The Vendor shall not therefore be held liable for the sale of any goods and/or the provision of any services by third parties and/or for the formation of agreements between the Customer and such third parties.

2. Purchase orders

   1. To buy one or more Products on the Site, the Customer must select the Products they wish to purchase and add them to their cart. After all the chosen Products have been selected the Customer must continue to the checkout on the Cart page, complete the online order form as instructed, and send it to the Vendor.

   2. Purchase orders may be completed in the following languages: English and Italian.

   3. Customers may buy Products either using their own personal account, if registered on the Site, or in guest mode. When buying in guest mode, they will have to provide their personal details, to proceed with the order.

   4. The order form contains a reference to the Terms and Conditions of Sale and a summary of the main characteristics of each Product, with the related prices (including all the applicable taxes or duties), the accepted forms of payment, and the mode of delivery of the Products, the shipping and delivery costs, the conditions for exercising the right of termination, and the conditions applicable to the return of purchased Products.

   5. Before buying Products through submission of an order form, the Customer must carefully read the Terms and Conditions of Sale, which can also be printed, stored or copied for personal use. When sending the order form, the Customer must declare that they have understood and approved the contents of the form, and that they have also accepted the Terms and Conditions of Use and Sale for the Site. Otherwise, it will not be possible to complete the purchase order.

   6. Before submitting the purchase order, the Customer may check the details of the order and identify or correct any data entry errors.

   7. The submission of the order form by the Customer implies an obligation to pay the price stated on the order.

   8. Once the order form has been accepted, the Vendor shall send the Customer, by email, a receipt for the purchase order. This will contain a summary of the terms and conditions of sale, information about the key characteristics of the Products and full details of the price (including all the applicable taxes or duties), the means of payment, and the terms applicable to the right of termination and delivery costs.

   9. The Vendor may refuse a purchase order if it is incomplete or inaccurate, or if there is an insufficient guarantee of payment, or if the Products are unavailable. In such cases the Vendor shall, promptly and within 14 days after the date on which the order was sent to the Vendor, inform the Customer by email that the contract has not been concluded and that the Vendor has not fulfilled the purchase order. If the Customer has already submitted the order form and paid the price, the Vendor will refund the amount paid.

   10. The order form will be stored in the Vendor’s database for the period of time necessary to fulfil the order, in accordance with the legal period. Once registered on the Site, the Customer may view the orders placed, by accessing their personal account and browsing the relevant section of the Site. Customers purchasing goods as guest users can check the orders they have placed by contacting Customer Service, as indicated in paragraph 11 “Customer Service” below.

3. Characteristics of the products

   1. The only Products offered for sale on the Site are the original products from Malanotte Parfum.

   2. The main characteristics of the Products are displayed on the Site, on each Product page. The images and colours of the Products offered for sale may not correspond to the actual colours, due to the effect of the web browser and/or monitor.

   3. Each Product is sold on the Site together with an identification tag which forms an integral part of the Product.

4. Payments

   1. The prices of the Products indicated on the Site are stated in EUR and already include all the applicable taxes and duties. The Product prices do not include the shipping and delivery costs. These will be clearly indicated when the Product purchase process begins.

   2. The prices of the Products may be subject to change. The Customer must therefore check the final sale price before submitting the order form.

   3. The means of payment can be found on the Payments and Security page on the Site. The means of payment are also indicated on each purchase order and form an integral part of the Terms and Conditions of Sale.

   4. The price of the Products and delivery costs as indicated on the order form will be debited when the Products are shipped by the Vendor.

   5. If payment is made by credit card, the payment details (such as the debit/credit card number or date of expiry) will be sent using an encrypted protocol to the bank or payment services provider, without the possibility of any third party accessing such data. This information will never be used by the Vendor except to complete the purchase process for which it was provided, or to issue a refund if the Products are returned, if the customer exercises the right of cancellation, or if use of the data is necessary in order to prevent fraud or report to the police any fraud on the Site.

   6. The Product delivered in an EU country should not be subject to any customs charges such as import tax and/or duty.

5. Delivery of the products

   1. The Product ordered on the Site will be delivered by express courier. The costs, terms and conditions for delivery of the Products are indicated on the “Delivery” page, and on each order form. They constitute an integral part of the Terms and Conditions of Sale.

   2. The timely delivery of the Products indicated on the Site refers only to working days, with the express exclusion of non-working days.

6. Third-party rights

   Exercising the right to cancel

   1. The Customer may cancel the contract with the Vendor free of charge, without giving a reason, within 14 days after the date on which they acquire physical possession of the Products bought on the Site.

   2. To exercise the right of cancellation, the Customer may give notice of their decision per e-mail writing at info@malanotteparfum.com or by post: Farmacia Saleri della Dott.ssa Giovanna Saleri, headquartered in Brescia, Italy, via Adelaide Malanotte n. 4, 25131.

   3. If the right of cancellation is exercised, the Product chosen may not be directly replaced with another; to buy a new Product, the Customer must place a new order, separate from the previous one.

   4. The Customer is responsible for any impairment in the value of the Products resulting from any handling of the Products other than what was necessary to determine their nature, characteristics and functioning.

   5. The Vendor may decide not to accept the cancellation if the Products are returned without the identification tag.

   6. The right of cancellation may not be exercised in cases where:

      1. Products have been made to measure or customised;

      2. Products may deteriorate or perish rapidly;

      3. Sealed Products may not be returned for hygiene and health reasons if they have been opened after delivery;

      4. after delivery, the Products have been inseparably mixed with other goods;

   Terms and conditions of product returns

   1. The cancelled Products must be returned to the Vendor. The Customer must return the Products within 14 days from the date on which the Customer sent the cancellation form to the Vendor, to the following address:

      Farmacia Saleri della Dott.ssa Giovanna Saleri via Adelaide Malanotte, 4, 25131 Brescia, Italia.

   2. The Customer will pay the direct costs of returning the Products.

   3. Where possible, the Products should be returned in the packs sent by the Vendor.

   Terms and conditions of reimbursement

   1. On receipt of the Products the Vendor will carry out necessary checks regarding their conformity to the terms and conditions of this Article 6.

   2. If the checks are positive, the Vendor will send the Customer, by email, confirmation of acceptance of the returned Products and will then reimburse all the payments received from the Customer. The Vendor is not required to reimburse any supplementary delivery charges, if the Customer expressly chose a delivery type other than the least expensive delivery rate offered.

   3. Whatever form of payment is used by the Customer, the reimbursement will be completed as quickly as possible by the Vendor, after checking that the right of cancellation has been properly exercised, but in any case within 14 days from the date on which the Vendor received the notification of cancellation. The Vendor may suspend the reimbursement until receipt of the Products or until the Customer can show that they have re-sent the Products, if earlier.

   4. The Vendor will make the refund using the same means of payment used by the Customer for the initial purchase. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the reimbursement will be completed by the Vendor to the person who made the payment, unless agreed otherwise.

   5. If the terms and conditions for exercising the right of cancellation as specified in this Article 6 have not been respected, the Customer shall have no right to the reimbursement of any sums already paid to the Vendor; however, the Customer may, at their own expense, re-obtain the Products in the condition in which they were returned to the Vendor.

7. Legal warranty of conformity

   1. In addition to the warranty for defects in the sold products, the Vendor shall provide a legal guarantee of conformity of the Product in accordance with Title III of Part IV of Legislative Decree number 206 of 6 September 2005 (the Consumer Code). The warranty provides that the Vendor is responsible for any defects in the products that appear within 2 (two) years from delivery.

   2. Unless evidence is received to the contrary, it will be assumed that conformity defects arising within 6 (six) months from delivery of the product already existed on that date unless such a scenario is not compatible with the nature of the goods or with the nature of the different defect.

   3. In order to utilise the conformity guarantee, the consumer must report any defects in the product within 2 (two) months from discovery, failing which the guarantee will be invalid. Any claims to enforce a conformity defect that was not fraudulently concealed by the Vendor will be time-limited, in any case, to 26 (twenty-six) months from delivery of the product.

   4. In the event of a conformity defect that is reported within the 26-month period, the consumer may, at their discretion, ask the Vendor to repair or replace the goods, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively onerous compared to the other option. The consumer may also request, at their discretion, an appropriate reduction in the price or termination of the contract if repair or replacement is impossible or excessively onerous, or if the Vendor has not repaired or replaced the goods within an appropriate period or if the previous replacement or repair has caused considerable inconvenience to the consumer.

   5. In order to utilise the conformity guarantee, the receipt must be kept and produced. For more information about the legal guarantee of conformity for consumers, and to utilise the remedies available by law, in relation to products bought from the Vendor, consumers can contact Customer Service.

8. Privacy

   1. With regard to the processing of the Customers’ personal data, please see the Privacy Policy.

9. Governing law and resolution of disputes

   1. These Terms and Conditions are governed by the laws of Italy and in particular by the provisions of legislative decree no. 206 of 6 September 2005 containing the “Consumer Code”, with specific reference to provisions regarding distance contracts and legislative decree no. 70 of 9 April 2003 on certain aspects of e-commerce.

10. Amendments to terms and conditions of sale

    1. These Terms and Conditions of Sale may be amended by the Vendor at any time, to reflect changes in the law. The new Terms and Conditions of Sale will be effective from the date of publication on the Site. Customers are therefore asked to visit the Site regularly and to read the latest version of the Terms and Conditions before making any purchase.

    2. The Terms and Conditions of Sale applicable to each contract made by the Customer on the Site are those in force on the date on which the purchase order is sent.

11. Customer service

    1. For assistance with the Products, or for more information, suggestions, complaints and/or any other requests, the Customer may contact the Vendor’s customer service department at any time using the Contact form or using the following contact details:

       by e-mail: info@malanotteparfum.com;

       by post: Farmacia Saleri della Dott.ssa Giovanna Saleri, headquartered in Brescia, Italy, via Adelaide Malanotte n. 4, 25131.