1.1 The sale of the products branded “Alyson Oldoini”, distance concluded, through the web site www.alysonoldoiniparfums.com (hereinafter referred to as the “Website”) is regulated by the following General Sale Conditions (hereinafter referred to as the “General Conditions”).The products offered on the Website are directly sold by Luciano Oldoini s.r.l. Luciano Oldoini s.r.l. is a corporation under Italian legislation with its registered office in Via Briantea, 25 – 22100 Como (CO) – Italy. VAT number, tax code and number of inscription to the Registry of Businesses of Como 03307020135, REA number co 307398. Luciano Oldoini s.r.l. With the aim to satisfy the needs and the expectations of its customers, decided to realize, in parallel to its direct and exclusive points of sales, a network of distance-sales of some of its products through the Website, proposing a selection of some categories of “Alyson Oldoini” products . The list of the products “Alyson Oldoini” proposed for the distance-sales can be consulted on the Website.
1.2 The use of the service of distance-sales described in the present General Conditions is reserved solely to the customers (hereinafter referred to as “Client” or, plural, “Clients”) intended as the natural person that acts with aims that can not be referred to their potential commercial, entrepreneurial, handmade or professional activities, legally aged 18 (or, if minor than 18, authorized by their legal representative).
1.3 The sales of the products offered on the Website is executed all over the world. For this countries: Italy, Germany, Belgium, Austria, Lithuania, Latvia, Estonia and for the countries out of the EU it is kindly requested to send an email to info@alysonoldoiniparfums.com for further informations.
1.4 Resale, rental and transfer, for any commercial or professional aim, of the products purchased on the Website are expressly forbidden.
1.5 The present General Conditions are published on the Website with the aim to allow the knowledge, the memorization and the reproduction to the Client pursuant to article 12, paragraph 3, Italian Dlgs 9th April 2003, number 70 (“Realization of the Directive 2000/31/CE related to the legal aspects of the services of the information society in the inner market, with particular attention to the online commerce”) and following amendments and integrations.
1.6 Luciano Oldoini s.r.l. can amend and integrate the present General Conditions in any moment. For this reason, it will be required to the Client to accept solely the General Conditions that are effective at the moment of the purchase. Any amendments or integrations will be effective only in relation to purchase orders made after the date of the amendments or integrations. Any cancellation of the present General Conditions from the website www.alysonoldoiniparfums.com brings to the automatic and irrevocable inapplicability, ineffectiveness and inopposability to Luciano Oldoini s.r.l., in relation to the purchase made following their cancellation from the Website and this also in the event that the above mentioned General Conditions could be readable and accessible to the public in other websites, different from the one above mentioned.
2. Purchase procedure
2.1 Any product sold on the Website can be viewed thanks to the related link that allows the Clients to see the photos of the item, the unit price and the different capacities (if available). The information related to the products “Alyson Oldoini” sold on the Website are given pursuant to the effective Italian regulations and, in particular, to the article 49 and 51 of the Italian Dlgs 6th September 2005, number 206, as amended by the Italian Dlgs 21st February 2014, number 21 (hereinafter referred to as “Consumers' Code”).
2.2 Any sale made by Luciano Oldoini s.r.l. through the service of online distance-sales (hereinafter referred to as “the Service”) can be about one or many products, with the maximum limit of 10 units, except what is provided in the various parts of the purchase procedure of each single item. Luciano Oldoini s.r.l. is entitled to amend in any moment the limitations to the quantities and types of products purchasable through the Service, with the maximum limit of 10 units.
2.3 The Client chooses the items in which he/she is interested. The description of the purchasable products, completed with measurements and different capacities (if available), together with one or more photos in digital format, that allow a proper representation of the products available on the Website, will be included in the Client's “shopping bag”.
2.4 Stated that Luciano Oldoini s.r.l. constantly adopts measures to ensure that the photos showed on the Website are accurate reproductions of the original products, included the use of any possible technological solutions to reduce to the minimum the imprecision, little variations could always be possible due to the technical features and the color resolution features included in the Client's personal computer. As a consequence, Luciano Oldoini s.r.l. will not be responsible for the possible inappropriateness of the graphic representation of the “Alyson Oldoini” products showed on the Website, if due to these above mentioned technical reasons.
2.5 To view the selected items and the total price of the purchase order (hereinafter referred to as “Order”) it is necessary to click on the shopping bag icon. The Client, before confirming the Order, has to verify the exactness of the content of the shopping bag, to fill the purchase format following the instructions given on the related page of the Website and to confirm the reading and acceptance of the present General Conditions.
2.6 The purchase procedure is concluded in the moment in which the Client selects the option “continue” (hereinafter referred to as “Order Confirmation”). The purchase procedure has to be totally completed; otherwise, the content of the shopping bag will be canceled without leaving notices at the end of every purchase session.
2.7 Should the Client need to amend or correct any mistakes in the Order (for example the item or the number of products), he/she has to follow the related instructions written on the Website.
2.8 After the Order Confirmation, the Order itself will be sent directly to Luciano Oldoini s.r.l. and archived in the system of orders of the society by the service provider. The Client could control the situation of his/her Order according to the following article 9 hereafter. Except for the possible use of the data with aims different from the purchase, described in the document about the Privacy published on the Website and subjected to the prior written consent of the Client, the format containing the Order and the data of the Client related to that Order will be held by Luciano Oldoini s.r.l. only for the time provided by the current regulations.
2.9 At the end of the purchase procedure, it is considered worthwhile that the Client download, save and print the General Conditions applicable in the moment in which the Order is completed. The Client, pursuant to the article 52 of the Consumers' Code, will receive an email (hereinafter referred to as “Confirmation Email”, to the address written in the purchase format, containing the confirmation of the condition of the purchase itself, such as: written confirmation of the ordered product and main features of the product itself, data of Luciano Oldoini s.r.l reported in article 12 of the present General Conditions, total price of the product, methods of payment or the possible amount already paid by the Client, existence of the right of withdrawal and related methods with which to exercise this right, address to which the Client can send complaints, information about assistance services, date within which Luciano Oldoini s.r.l. intends to deliver the ordered products except in case of force majeur, the existence of legal warranty for the conformity of the products, costs for the use of the website (should it be counted in a way different from the basis rate).
2.10 Luciano Oldoini s.r.l. is entitled to refuse Orders from a Client with whom there is a pending legal controversy related to past Orders, in this case, no Order should be accepted by Luciano Oldoini s.r.l. and no contract should be deemed as valid between Luciano Oldoini s.r.l. and the Client. Luciano Oldoini s.r.l. is entitled to refuse Orders from a suitable Client, included, for example, Clients who infringed the General Conditions of sale in occasion of past purchase of product from the Website, or Clients who intend to purchase the products for aims related to their or others' professional or entrepreneurial activity, i.e. who are not operating due to a genuine and real interest in the purchase of the products, or that exercise in an illicit way their right to withdraw (stated in the following article 8 here after) or for any other legitimate reason, in particular if the Client is involved in any fraudulent activities. In these cases, the Order sent from the Client has to be intended without any validity and effectiveness. Luciano Oldoini s.r.l. will forward to the Client, via email, a communication stating the unacceptability of the Order and the lack of conclusion of the contract, also voiding any charge or expenses charged to the Client. Luciano Oldoini s.r.l. will communicate to the Client the impossibility to accept the Orders within 30 days starting from the date of complete receipt of themselves and will refund any amount, if already deposited by the Client.
3. Availability of the Products
3.1 The Client acknowledges that the stock of the products offered from Luciano Oldoini s.r.l. through the Service, are limited. The Client, is for this reason aware that any product described on the website are subject to the availability of the moment.
3.2 Sometimes inconveniences about the availability of some products can happen. In these cases, Luciano Oldoini s.r.l. will inform the Client as soon as possible (and, in any case, within the delivery time specified hereunder) via email or on the phone; the possibility to choose between the purchase of an item similar in its nature to the non available one and to cancel the Order, will be granted to the Client. Should the Client choose to cancel the Order, no charge will be applied to the Client itself. If the Client has already deposited any amount, the Client will be promptly refund.
3.3 Luciano Oldoini s.r.l. is entitled to change the items present on the Website in any moment, without any notification.
4. Conclusion of the contract
4.1 Following the Order Confirmation, the Order is sent to Luciano Oldoini s.r.l. to be processed and it can't be modified or canceled anymore, except for the cases expressly mentioned in the General Conditions or included in the applicable Italian regulation. The Order of the Client will be processed by Luciano Oldoini s.r.l. only if the entire purchase procedure has been completed regularly and correctly, without any signal of mistake by the Website.
4.2 The contract concluded between Luciano Oldoini s.r.l. and the Client has to be intended concluded in the moment when the Client receives the Confirmation Email from Luciano Oldoini s.r.l., through this email the Client is informed that the Order, sent according to the purchase procedure, is ended to a successful conclusion.
4.3 The Order Confirmation is an evidence of the acceptation from the Client of the regulations present in the General Conditions.
4.4 The data registered on the Website are a full evidence of the details related to the transactions between Luciano Oldoini s.r.l. and the Client. If any controversy should raise, between Luciano Oldoini s.r.l. and the Client, related to a transaction concluded through the Website, the data registered by Luciano Oldoini s.r.l. will be valid as an evidence of the occurred transaction.
5. Prices and payment methods
5.1 The prices of all the products present on the website include VAT.
5.2 The prices will be indicated in Euro (EUR).
5.3 The total amount showed during the purchase procedure includes the shipping costs according to what specified below and showed in the shopping bag.
5.4 Luciano Oldoini s.r.l. is entitled to change the prices of the products sold on the Website in any moment and without any notification. The prices written on the Website at the moment of the Order Confirmation of the Client will be charged, if there is availability of those ordered items at the present moment.
5.5 Luciano Oldoini s.r.l. accepts exclusively payments with credit card. Accredited credit cards are those indicated on the Website.
5.6 Regarding the payments with credit card, the Client confirms and grants being the owner of the credit card used for the purchase and that the name written on the credit card is his/her own. The Client communicates the number, the expiration date and the security code written on the credit card. The transaction will be charged to the Client only: (i) after the verification of the data of the credit card, (ii) after the receipt of the authorization of the charge from the society issuing the Client's credit card, (iii) after the confirmation of the availability of the product from Luciano Oldoini s.r.l., which means, after the Order is ready to be processed. No charge will be applied at the moment of the Order, except for the charge that may be necessary for controls about the validity of the credit card.
5.7 In case that, for any reason, the payment of the amounts required to the Client should be impossible, the selling process will be automatically stopped and the sale canceled.
5.8 The shipping of the purchased products takes place only after the verification of the data of the credit card used by the Client, realized by Luciano Oldoini s.r.l. and its bank, and after the receipt of the authorization of the charge on that credit card.
5.9 In case one or more products are not available, only the price and the shipping costs related to the available products will be charged.
6. Delivery
6.1 The products will be shipped to the address indicated at the moment of the filling of the Order and at the moment of the delivery a signature of the Client (or of the legal representative if the Client is under 18 years old) will be required.
6.2 For security reasons, Luciano Oldoini s.r.l. can't process any Order addressed to a post-office box, neither accept any Order for which it is impossible to identify the natural person addressee of the Order and his/her address.
6.3 The products sold on the Website can be purchased and delivered only in the above mentioned (see article 1.3) countries. For this reason, Order with shipment in countries external to those listed above will be automatically rejected during the procedure of elaboration of the Order.
6.4 Pursuant to the disposition contained in article 61 of the Consumers' Code, Luciano Oldoini s.r.l. will deliver the purchased products, except for the case of force majeure, within and not beyond 30 days as from the date of conclusion of the contract or within the different term agreed with the Client, unless Luciano Oldoini s.r.l. itself communicates (within the same period) the lack of acceptation of the Order or the impossibility to deliver the purchased products following unavailability, even temporary, of the products. In this second case Luciano Oldoini s.r.l. will refund the amount already paid by the Client. If Luciano Oldoini s.r.l. does not fulfill the obligation to deliver the purchased products within the above mentioned period or within the agreed period, the Client can invite Luciano Oldoini s.r.l. to deliver within a supplementary period adequate to the circumstances, unless the Client should be exonerated from this duty, according to what is stated in the Consumers' Code article 61 paragraph 4. In this case the Client could, however, withdraw immediately, and it is his/her right to ask for a refund, if the ordered product is not delivered within the agreed supplementary term.
6.5 In order to make the shipment of the product faster, Luciano Oldoini is entitled to divide the order in different shipping, according to the availability of the products. In this case Luciano Oldoini s.r.l. will inform the Client via email or on the phone and the charge of the price will be done separately for the products already shipped. In any case, the shipping costs will be charged entirely, as if it was a single shipment.
6.6 At the moment of the departure of the purchased products from the warehouse of Luciano Oldoini s.r.l., the Client will receive an email to the address indicated in the purchase format. This email will contain a tracking code and a link that allow to monitor the delivery real-time. The Customer Service of Luciano Oldoini s.r.l. will assist the Clients or any problem related to the delivery. The Client can contact the Customer Service of Luciano Oldoini s.r.l. via email at the address info@alysonoldoiniparfums.com. Pursuant to the article 63 of the Consumers' code, the Client will take the risk of loss or damage of the purchased products for a cause that is not due to Luciano Oldoini s.r.l., only in the moment when the Client, or a third person by him/her designated and different from the carrier, will take possession materially of the products. It is intended that the risk is transferred to the Client at the moment of the delivery of the product to the carrier, if this one was chosen by the Client and not proposed by Luciano Oldoini s.r.l., saved the rights of the Client towards the carrier.
6.7 if the loss or the damages of the products are attributable to Luciano Oldoini s.r.l., pursuant to the applicable regulations, the society will take care to substitute the products for free, following the Client's request that should be sent to email address above mentioned.
7. Conformity of the purchased products
7.1 At the moment of the delivery the products must be controlled by the Client in order to ensure that these correspond to the products ordered on the Website and that these do not have production defects or other conformity defects. The legal warranties present in the applicable Italian regulations, in particular those present in the articles 129, 130 and 132 of the Consumers' Code are applicable to the sale of the products “Alyson Oldoini”, together with additional conventional warranties that can be given to the Client.
7.2 In case of production defects or conformity defects, the Client is entitled to the restoration of the conformity of the product for free, via restitution or substitution, except in the case that the required remedy is objectively impossible or unreasonably expensive compared to the other. If occurs one of the cases related in the article 130, paragraph 7, of the Consumers' Code, the Client can request a reduction of the price or the withdrawal of the contract. The Client is not entitled anymore to exercise this right if he/she does not communicate the defect to Luciano Oldoini s.r.l. within two months from the discovery of the defect. The right to signal the defects, not maliciously hidden by Luciano Oldoini s.r.l., ends24 months after the delivery of the product, pursuant to the article 132 of the Consumers' Code. In case of cancellation of the order for actual non conformity of the product, no charge will be applied to the Client. If the payment has already been made, the Client will be refunded promptly, after the verification of the actual non conformity.
7.3 The Client's request to obtain one of the above mentioned remedies must be communicated to Luciano Oldoini s.r.l. via registered letter addressed to: Luciano Oldoini s.r.l., via Briantea 25, 22100 Como, Italy and should be anticipated via email to this following address: info@alysonoldoiniparfums.com.
7.4 The will of the Client to use the warranties inserted in the Consumers' Code to rectify the conformity defects of the purchased products can be exercised with the methods described above solely for the products purchased online on the Website.
8. Return and refund – withdrawal
8.1 The exercise of the right of withdrawal from the Client has to be done as described here below:
a) The exercise of the right of withdrawal has to be done by the Client within 14 working days as from the date of the delivery of the products to the Client or to a third person, different from the carrier in charge of the delivery and appointed by the Client itself (in case of fractionated Order, as described in article 6.6 of the present General Conditions, the term of 14 days is considered as from the day the Client or a third person, different from the carrier in charge of the delivery and appointed by the Client itself, acquires the material possession of the item).
b) In order to exercise of the right of withdrawal, the Client can fill the “return format” included in the box that contained the products at the moment of the delivery. The above mentioned “return format”, completely filled and signed by Client, must be send to Luciano Oldoini s.r.l. via email to the following address: info@alysonoldoiniparfums.com. The “return format” must also be inserted in the box with which the products will be returned.
c) The products must be returned in the state they were at delivery and with their package the Client has to use the label with the return address included in the box sent by Luciano Oldoini s.r.l. to the Client.
8.2 The products should be returned to the following address: Luciano Oldoini s.r.l. , Via Briantea 25, 22100 Como (CO), Italy.
8.3 The Client undertakes to return the products for which he is claiming for the right of withdrawal without unreasonable delay and, in any case, within 14 days as from the date of the communication to Luciano Oldoini s.r.l. of his/her decision to withdraw from the contract, pursuant to article 54 of the Consumers' Code.
8.4 Return costs will be charged to Luciano Oldoini s.r.l. except for the case described in article 8.6 hereunder.
8.5 Luciano Oldoini s.r.l. will verify that the products are returned in the same conditions in which they were sent, inside their package wrapped in cellophane and hermetically closed as they were sent by Luciano Oldoini s.r.l. to the Client; it is a fundamental feature to exercise the right of withdrawal that the returned products are substantially intact and with the cellophane wrapping. The Client will be responsible solely for the decrease of value of the product resulting from a manipulation of the products themselves different from the normal manipulation necessary to establish their nature, their features and their functioning, in conformity to what is stated in article 57 of the Consumers' Code. Luciano Oldoini s.r.l. is entitled to ask for a compensation for any damages due to the unintentional or fraudulent acts of the Client in occasion of the return of the products. Luciano Oldoini s.r.l. will not be responsible for the loss or the theft of the products during return, not even in case of a return to a wrong address or of delay in the delivery of the returned products, intended that the Client takes the risk of the shipment. It is in charge of the Client to produce evidences of the restitution of the products.
8.6 The refunding of the price of the returned products will be done by Luciano Oldoini s.r.l. without unreasonable delay and, in any case, within 14 days as from the date in which Luciano Oldoini s.r.l. has acknowledged the exercise of the withdrawal of the Client. In conformity to what is stated in article 56 of the Consumers' Code, Luciano Oldoini s.r.l. is entitled to hold the refund until the arrival of the returned products or until the Client does not produce evidences of having sent the products properly and in good conditions, taking notes of which situations has occurred first. The above mentioned refund will be done through re-credit of the price paid by the Client with the same method of payment used for the purchase, except for the case in which the Client has expressly agreed a different way and stated that the Client is not charged of any other cost as a consequence of the refund. Luciano Oldoini s.r.l. is not bound to refund the supplementary costs if the Client has chosen a way of delivery different from that less expensive proposed by Luciano Oldoini s.r.l.. Luciano Oldoini s.r.l. will confirm to the Client the effectiveness of the refund via email.
8.7 Is is permitted to ct the return of the products and to ask for a refund of the paid price, according to what stated in the above mentioned procedure, only for the products purchased on the Website.
9. Limitations of liability
9.1 Except for cases of fraud or severe negligence, Luciano Oldoini s.r.l. Will not be responsible towards the Client for indirect or consequential damages that could occur to the Client itself after the purchase of products sold through the Website.
10 Controversy
10.1 The present General Conditions are ruled by the Italian regulations.
10.2 The user is aware of the fact that, entering the Website, he/she is accepting the Italian regulation. The present Terms and Conditions of Use are ruled in interpreted pursuant to the Italian regulations and any action should arise, or related to the Therms and Conditions of Use, will be of exclusive jurisdiction of the Court of Como, Italy.
