GENERAL TERMS AND CONDITIONS OF SALE
PARTE I
Art. 1 – Application of the General Terms and Conditions of Sale
1.1 Any purchase order for products placed on the website https://www.acquadisangimignano.it/ (hereinafter also the “Website”) and any contract concluded therein is governed by these General Terms and Conditions of Sale (hereinafter also “Conditions”).
1.2. Acqua Di San Gimignano is a trademark of H2O Fragrance S.r.l., as further identified below.
1.3 Acqua Di San Gimignano reserves the right to modify these Conditions at any time by publishing a new version on the website. Each modification will be effective after publication on the site.
1.4 The Customer is required to carefully read these Conditions, which have been made available on the Website to allow for storage and reproduction in compliance with Art. 12 of Legislative Decree 70/2003.
1.5 Contracts concluded through the Website are governed by the Civil Code and by Chapter I of Title III of Part III of Legislative Decree September 6, 2005, n. 206 (“Consumer Code”), with particular reference to contracts negotiated away from business premises and distance contracts.
1.6 The applicable Conditions are those in force at the time the order is placed.
Art. 2 – Contracting Parties
2.1 The seller is H2O Fragrance S.r.L, with registered office in Poggibonsi, Via Trentino Alto Adige 6, fully paid-up share capital of Euro 10,000.00, Fiscal Code and registration in the Register of Companies of Siena number 01627520529, REA SI 224720 (hereinafter also “Coffing”).
2.2 Below are the contact details for H2O Fragrance S.r.l:
– Ordinary mail: Via Trentino Alto Adige 6 Poggibonsi 53036 SI;
– PEC (Certified Email): h2ofragrancesrl@pec.it
– e-mail: info@h2ofragrancesrl.it
2.3 The buyers of the distance selling service (hereinafter also the “Customer”) are Consumers, understood as natural persons acting for purposes unrelated to their commercial, entrepreneurial, or professional activity, and Professional Customers, understood as legal entities, entrepreneurs, and any other VAT registered subject.
Art. 3 – Product Information
3.1 Information relating to each individual product and its essential characteristics, provided in accordance with current legislation, is available on the website and made known to the Customer.
3.2 In compliance with Reg. (EC) no. 1169/2011 as amended, information on products on the website has been provided directly by the Manufacturer to H2O Fragrance S.r.l, pursuant to Art. 8 of the same Regulation. The latter, therefore, cannot be held responsible for any inaccuracy, incompleteness, or untruthfulness of the same.
3.3 Product information provided on the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors. Product images may not be perfectly representative of their characteristics but may differ in color, size, or accessory products shown.
3.4 H2O Fragrance S.r.l reserves the right to correct errors, inaccuracies, or omissions even after an order has been sent, and also to change or update information at any time without prior notice to the Customer.
Art. 4 – Sending the Order
4.1 Orders are placed on the website following this procedure:
The Customer, having viewed and accepted the Privacy Policy, must complete every part of the electronic order form containing the necessary elements for the identification of the Customer and the products ordered; they must select the desired payment method. All of the above is required under penalty of nullity of the order.
4.2 Before confirming and sending their purchase order, the Customer will have the opportunity to correct any errors in the order (quality and quantity) and in the data entered on the specific verification screen, following the modification procedure on the Site. After reading and accepting these Conditions, the Customer must choose the option to send the order. This submission constitutes a proposal.
4.3 By sending the order, the Customer acknowledges and declares to have viewed all the indications provided during the purchase procedure and to fully and unconditionally accept these Conditions.
4.4 Promotional codes and discount codes, where existing, are valid only for the products and during the period indicated from time to time. Promotional codes and discount codes are non-refundable and non-cumulative. To use promotional or discount codes, they must be entered in the appropriate space at the time of order validation on the site. In case of omission, the order cannot be canceled or renewed to take the promotional or discount code into account.
Art. 5 – Rejection of Order
5.1 H2O Fragrance S.r.l reserves its unquestionable right to refuse an order or to set purchase limits.
5.2 Specifically, by way of example and not limited to, H2O Fragrance S.r.l may refuse the order in case of non-payment, unpaid invoices or risk of insolvency, in the event that the Customer carries out resale activities of the ordered products or, more generally, does not operate based on an actual and genuine interest in purchasing the products ordered, or exercises the right of withdrawal recognized by Art. 12 below in an abusive manner and/or, in any case, any other fact or act affecting the execution in good faith and the fairness of the relationship.
5.3 Should H2O Fragrance S.r.l not accept orders in whole or in part, the Customer shall have no right to claim sums for any reason, compensation for damages or indemnity, nor shall H2O Fragrance S.r.l have any contractual or extra-contractual liability, even for direct or indirect damage to persons and/or property caused by the non-acceptance of an order.
5.4 In case of order rejection, H2O Fragrance S.r.l will refund any sums already paid by the Customer, which shall not be subject to interest or revaluation of any kind.
Art. 6 – Temporary Unavailability of Products
6.1 In some specific cases, H2O Fragrance S.r.l may not be able to ensure the availability of all products offered and ordered; it cannot, therefore, be held responsible in any way in such cases.
6.2 Without prejudice to the right of withdrawal, by sending the order, the Customer accepts—providing consent in accordance with the provisions of the Consumer Code—any partial delivery limited to the products available among those ordered, and waives the right to request any compensation and/or indemnity or to initiate any legal or extrajudicial liability action, contractual or extra-contractual, even for direct or indirect damage to persons and/or property caused by the non-acceptance of an order.
6.3 H2O Fragrance S.r.l undertakes, however, in accordance with current legislation, to promptly inform the Customer of any unavailability of the ordered product and will refund the corresponding sums already paid by the Customer, unless otherwise agreed, which shall not be subject to interest or revaluation of any kind.
Art. 7 – Delivery of Products
7.1 Products will be delivered via express courier to the address indicated in the Order Acceptance.
7.2 Delivery costs and any taxes, customs, and/or import duties provided for by the legislation in force in the destination territory are borne by the Customer and are clearly highlighted in the invoice.
7.3 We do not ship to P.O. Boxes.
Art. 8 – Shipping via Courier
8.1 Delivery of products will take place within the estimated delivery times and hours indicated directly by the courier in the email sent to the Customer at the time of shipment.
8.2 Delivery may take place from Monday to Friday, excluding public holidays and national holidays. The Customer hereby indemnifies H2O Fragrance S.r.l from any delay or non-delivery not attributable to the latter.
8.3 In any case, except for cases of force majeure or fortuitous events, the products will be delivered within a maximum term of 30 (thirty) days from the date of conclusion of the contract.
8.4 The risks of loss and damage to the goods are transferred to the carrier at the time of delivery to the latter, without prejudice to the Customer’s rights against the carrier.
Art. 9 – Verification of Goods and Complaints
9.1 Goods are collected or delivered “as seen.” By signing the courier’s document, the Customer certifies the external integrity of the product and the conformity of the delivery.
9.2 It is the Customer’s responsibility to verify, at the time of delivery or collection, any damage or tampering with the packaging and/or product or any discrepancy in the number of packages. They must also promptly communicate any difference in the product compared to the one ordered.
9.3 In case of anomalies, the Customer must immediately contest the goods, expressly specifying that the collection is “subject to verification” of the contents.
9.4 Furthermore, the Customer must inform H2O Fragrance S.r.l of the anomalies found—via email—no later than 8 (eight) days, to be understood as an essential and mandatory deadline, from the date of receipt or collection of the products, keeping the invoice and any courier’s waybill.
9.5 The Customer is also required to return the product affected by anomalies in its original packaging, intact in all its parts, with all components, elements, accessories, packaging materials, boxes, documentation, and/or other items, under penalty of non-replacement of the product.
9.6 In case of replacement of the product, shipping costs are borne by H2O Fragrance S.r.l.
Art. 10 – Right of Withdrawal for the Consumer and Exercise Procedures
10.1 The Consumer has the right to withdraw from the contract, without giving reasons, within 14 days.
10.2 The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods.
10.3 To exercise the right of withdrawal, the Consumer is required to inform us of their decision to withdraw from this contract by contacting H2O Fragrance S.r. at the email info@h2ofragrancesrl.it through an explicit written statement via registered mail with return receipt (A/R) or PEC, which must include all withdrawal information, under penalty of ineffectiveness of the right of withdrawal.
10.4 To meet the withdrawal deadline, as evidenced by the postmark date or the PEC delivery date, it is sufficient for the Consumer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
10.5 The Consumer must deliver the goods directly to H2O Fragrance S.r. at the registered office without undue delay and in any case within 14 (fourteen) days from the day they communicated their withdrawal from the contract to H2O Fragrance S.r.l.
The deadline is met if the Consumer sends back or delivers the goods before the 14-day period expires. For the purpose of the return deadline, the date on which the goods are delivered to the courier or the date on which the goods are delivered to the H2O Fragrance S.r. office will prevail.
10.6 The direct costs of returning the goods will be borne by the Consumer.
10.7 The Consumer is only responsible for the decrease in value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
10.8 In the event that the Consumer returns damaged products, products not returned within the aforementioned period, opened and/or partially used products, products not regularly or completely packaged, or those in which certain parts are missing or have been damaged (such as components, elements, accessories, packaging materials, boxes, documentation, and/or other items), the right of withdrawal is forfeited entirely. In the cases indicated above, H2O Fragrance S.r.l reserves the right to refuse the return and refund, returning the purchased item to the Consumer and charging them for the shipping costs.
Art. 11 – Product Price, Costs Borne by the Customer, and Invoicing
11.1 The invoiced prices are those in force on the day the purchase order is sent.
11.2 Product prices are inclusive of statutory VAT, which will be indicated in detail in the invoice for the purchase of the product.
11.3 Product prices do not include transport and delivery costs, taxes, customs, and/or import duties provided for by the legislation in force in the destination territory, which are borne by the Customer and are indicated in the final order summary section, in the Order Acceptance, and in the invoice.
11.4 All products may undergo price variations without notice from H2O Fragrance S.r.l.
Art. 12 – Payment
12.1 The Customer may pay the price, related delivery costs, taxes, and customs/import duties by credit card, debit card, or PayPal.
12.2 H2O Fragrance S.r.l accepts payments made with the types of credit cards expressly provided on the website and through a specific payment platform. Credit card data will be encrypted during the transaction for security reasons. The order amount will be charged at the time of purchase.
PARTE II
FINAL PROVISIONS
Art. 13 – Data Protection
13.1 The Customer consents to the data provided being used for orders, the sending of commercial information, and offers. They also consent, pursuant to Art. 58 of the Consumer Code, to H2O Fragrance S.r.l using telephone, email, automated calling systems without the intervention of an operator, or fax.
13.2 Please refer to the H2O Fragrance S.r.l Privacy Policy for details.
Art. 14 – Applicable Law
14.1 These Conditions are governed by Italian law and must be interpreted in accordance with it.
Art. 15 – Competent Court for the Consumer
15.1 In contracts with Consumers, for disputes arising from the interpretation, validity, and/or execution of these Conditions, the mandatory territorial jurisdiction will be that of the court of the place of residence or domicile of the Consumer, if located within the territory of the Italian State; otherwise, for foreign Consumers, the Court of Siena shall have jurisdiction.
Art. 16 – Copyright and Intellectual Property
16.1 The Acqua di San Gimignano trademarks and logos on the website are the property of H2O Fragrance S.r.l.
16.2 The contents of our website—specifically, by way of example and not limited to, texts, photographs, videos, sounds, music, layouts, design, and processes—are the exclusive property of H2O Fragrance S.r.l and are consequently protected by copyright and all other existing intellectual or proprietary rights, in accordance with applicable laws.
16.3 Any use of the Contents in violation of these Conditions, or in any case contrary to the rules of law, is unlawful and will therefore be punishable by H2O Fragrance S.r.l.
Art. 17 – Website Registration
17.1 Registration on the website for the purpose of concluding purchase orders is reserved exclusively for users over 18 years of age.
17.2 The user undertakes to provide the Personal Data requested during registration, ensuring that it is updated, complete, and truthful, and to update it promptly.
Art. 18 – Use of the Website
18.1 The website may contain text links to other websites that are not managed or controlled by H2O Fragrance S.r.l. H2O Fragrance S.r.l does not control or monitor such websites, their contents, or their rules, and may therefore be exempt from any liability or obligation in relation to their content, legality, accuracy, or functions, and cannot be held responsible for these sites.
18.2 “Cookies” may be present on the Sites to allow users better usability of the Site. Users who prefer not to receive cookies can set their browser to decide whether to accept them or not. The browser can also be set to automatically reject all cookies; in this case, however, the user may not be able to access all services available on the Site.
18.3 It is possible to download, display, or print the content of our websites only for personal and non-commercial use. Any other use is strictly prohibited without the prior written consent of H2O Fragrance S.r.l.
18.4 H2O Fragrance S.r.l does not guarantee or declare that the use of any content published on its websites will not involve violation of third-party rights.
18.5 H2O Fragrance S.r.l does not guarantee that its website is promptly updated, secure, and free of errors or that access will not be interrupted. The content of our website could contain incorrect data or errors. H2O Fragrance S.r.l reserves the right to make changes, corrections, and/or improvements to such content at any time without any notice, but does not assume the obligation to do so.
Art. 19 – Non-confidential Information
19.1 All personal identification data or information you send is treated in accordance with our Privacy Policy, to which you are expressly referred for careful reading before sending any personal identification data or information.
19.2 Any other information or material transmitted to H2O Fragrance S.r.l (questions, comments, suggestions, ideas, etc.) is and will be treated as non-confidential and non-proprietary documents, thus becoming the property of H2O Fragrance S.r.l and being freely usable for any purpose, including reproduction, disclosure, transmission, publication, etc. This will not give rise to any right to compensation or any claim or indemnity.
Art. 20 – Limitation of Liability
20.1. The user acknowledges and agrees that their access and navigation on the website is entirely at their own risk and under their exclusive responsibility.
20.2. The user also acknowledges and agrees that the website may be temporarily inaccessible or contain defects or present delays.
20.3. H2O Fragrance S.r.l will not be liable for any loss or damage arising from or in any way connected to the use or operation of the website, including, by way of example and not limited to, direct, indirect, or consequential damages for loss of business, loss of profits, business interruption, loss of commercial information, and/or any other type of pecuniary loss.
20.4 All materials downloaded or otherwise obtained during the use of our websites are obtained at your own risk and under your exclusive responsibility. H2O Fragrance S.r.l assumes no responsibility for any damage, hacker, or virus that may damage your computer.
20.5 H2O Fragrance S.r.l reserves the right to cease or interrupt any and all functions on its website.
Art. 21- Applicable Law
21.1 The Terms of Use are governed by Italian law.
Art. 22 – Exclusive Competent Court
22.1 For disputes arising from the interpretation, validity, and/or execution of these Terms of Use, the exclusive territorial jurisdiction will be that of the Court of Siena.
Art. 23 – Final Provisions
23.1 The fact that H2O Fragrance S.r.l tolerates a violation of one of the obligations established in these Terms of Use, or does not impose the application of a right granted by this document or by law, cannot be interpreted as a waiver of the right to request and impose the application of such rights.
23.2 If any of the clauses of the Terms of Use should prove unlawful under a law or regulation in force in your country, such clause will be considered null and void, without however entailing the total nullity of the Terms of Use.