General Terms and Conditions of Online Sales

Art. 1 – General provisions

1.1. These general terms and conditions of sale (hereinafter “Terms and Conditions”) govern all sales of products (hereinafter “Products” or individually “Product”) by the company LC Durante SPA, with registered office in Rome, Viale Angelico 87/89, CF 07808340587 and VAT number 01875021006 (hereinafter, also “Company”), concluded remotely on the website www.profumum.com (hereinafter, the “Website”).

1.2. The online sales service on the Website is open to all users (hereinafter “Users” or individually “User”), regardless of whether they are consumers or not. Therefore, the provisions contained in these Terms and Conditions apply to all customers registered on the Website or to those who purchase without have been registered (in guest / guest mode) and with whom the Company enters into a purchase contract.

1.3. The language used for the conclusion of the Contracts (as defined below) is Italian or English depending on the User’s preference.

1.4. Users are required to carefully read the Terms and Conditions, available on the Website, in order to understand and agree with them before purchasing.

Art. 2 – Products, availability and price

2.1. All information relating to the Products, together with their characteristics and price, are available on the Website.

2.2. The graphic representation of the Products displayed on the Website may not fully correspond to reality and has a purely illustrative value; the User must therefore rely on the description of the Product and its characteristics shown on the corresponding page.

2.3. The Company reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Website.

2.4. The price of the Products indicated on the Website is expressed in euros and is inclusive of applicable taxes or duties, except for any customs taxes and/or customs duties (if applicable). Any delivery costs must be added to the price of the Products indicated on the specific page of the Website containing the delivery methods available to the User.

Art. 3 – Conclusion of the Contract

3.1. The User is required to carefully read all the instructions indicated on the page during the purchase process (also relating to delivery costs and the conditions for the exercise of the the right of withdrawal), as well as the privacy policy and the Terms and Conditions, before send a purchase proposal through the Website (called “Order Request”). In the absence of acceptance on the Terms and Conditions and privacy policy, the User will not be allowed to complete the Order Request.

3.2. The Order Request is binding on the User, except for the right of withdrawal, and determines the obligation to pay the price of the Products and any additional costs, where applicable.

3.3. In order to proceed with the purchase, the User shall:

˗ proceed with the free registration on the Website, upon completion of the free registration a personal account will be created with an ID and password, required to access your private area (recommended); or the User can proceed in guest / guest mode, without making any registration.

˗ indicate the quantity of Products intended to purchase;

˗ enter the User data in the Order Request;

˗ select the desired payment and shipping methods;

˗ specify any billing request indicating the related data (SDI / Pec code, VAT / Tax Code);

˗ declare that by accessing the Website, the User have read, understood, and agree to be bound by all of these Terms and Conditions, as well as the privacy policy, by selecting the relevant box;

˗ send the Order Request.

3.4. It is understood that the registered Users may at any time proceed with the request for cancellation of their account by sending an e-mail to shop@profumum.com.

3.5. In the event of errors in entering data, the User can correct and / or modify them by following the specific procedure indicated on the Website. This modification can always and only take place consistent with the preparation and shipping times of the Order. The Company, therefore, will not be liable for any delays or errors in the indication of personal data or shipping address.

3.6. Once the Order Request has been sent, the User will receive an e-mail confirming receipt of the Order. The purchase order binding between the User and the Company (defined as “Order” or in the plural “Orders”) and the relative contract for the purchase and sale of the Products (defined as “Contract” or in the plural “Contracts”), are understood to be finalized only by the moment in which the User receives confirmation of acceptance of the Order Request (hereinafter “Order Confirmation”). The acceptance (or rejection) by the Company of the Order Request will be sent to the User at the e-mail address indicated by the User in the Order Request.

3.7. The User will receive an e-mail containing a summary of the essential characteristics of the Products purchased.

3.8. In case of unavailability of one or more ordered Products, the Company will notify the User by e-mail. In this case, the Order Request will be rejected or accepted only for the Products available. In case of partial acceptance, the User will be required to pay only the price for the available Products.

Art. 4 – Confirmation of shipment and delivery

4.1. The Shipping Confirmation e-mail will contain a confirmation of the shipment of the Products to the address indicated by the User, as well as a link through which the User can check the status of the shipment. Users can also check the status of the shipment by accessing their own reserved area on the Website, this possibility is reserved only for registered users which hold an ID.

4.2. The User may modify and / or cancel the Order no later than the shipment of the Products, communicating the request directly to the dedicated e-mail (shop@profumum.com). The Company is not responsible for any delay in communication. In order to return Products that have already been shipped, the User shall use the appropriate withdrawal procedure described on art. 6 of the Terms and Conditions.

Art. 5 – Shipping and delivery

5.1. The shipping costs charged to the User will be highlighted on the “summary and payment” page and reported separately also in the Order Request and Order Confirmation.

5.2. Delivery times and related costs are indicated on the Website. However, the expected delivery times are indicative and not binding for the Company.

5.3. If the User is a consumer, the shipment will still take place within 5 (five) working days from the Order Confirmation, unless the User himself grants an extension.

5.4. Upon delivery of the Products by courier, the User’s signature is required. The latter is also required to verify that:

˗ the quantity of Products delivered is equivalent to that indicated on the delivery document;

˗ Products are not used, with an identification tag attached with a guarantee seal and in their original packaging (where applicable);

˗ the packaging of the Products and the related warranty seals appear intact, not damaged, not wet, not modified in any way.

The mismatch of the delivered quantity with respect to that indicated in the courier’s delivery document, any damage to the Products and / or their packaging, shall be contested in writing on the courier’s delivery document. In the absence of a written complaint, the User will not be able, subsequently, to raise objections in this regard.

5.5. When the User materially comes into possession of the Products, the risk of loss or damage pass to the User.

Art. 6 – Right of withdrawal

6.1. Pursuant to art. 59 of the Italian Consumer Code, the right of withdrawal is excluded in relation to:

˗ the supply of goods tailor made or clearly personalized;

˗ the supply of goods which risk deteriorating or expiring rapidly;

˗ the supply of sealed goods which cannot be returned for hygienic reasons or related to health protection and have been opened after delivery;

˗ the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

6.2. Art. 52 of the Consumer Code gives the consumer the right to withdraw from the Contract without giving reasons, within the term of 14 (fourteen) days, starting from the date on which the consumer acquires material possession of the Products (so-called legal withdrawal).

6.3. If the User intends to exercise this right, the User shall notify the Company, within the aforementioned term:

˗ by communicating the intention of withdrawal to the e-mail address of the Company shop@profumum.com;

˗ by indicating the Order number and the Product for which the User intends to withdraw.

6.4. Within 14 (fourteen) days as from the notification, the User must return the Products; Products shall be returned intact, unused, undamaged, unmodified or altered in any way, in their original packaging (where applicable), with an identification tag attached with a seal attached along with the hygienic label.

6.5. The Company has the right to not accept the return or not to refund the sums paid by the User in full, in the following cases:

˗ if the Products are returned without the identification tag and / or the original packaging, or if they are not returned in their entirety (kit supplied, product requested, etc.);

˗ if the products have been altered in their qualitative and essential characteristics, or have been damaged or used.

6.6. In any case, the withdrawal cannot be accepted if the Product is returned without the guarantee seal.

6.7. In the event of withdrawal, the Company will refund the User the purchase price of the Products.

6.8. The Company reserves the right to make the refund only after having received the Products and after verifying that they comply with the requirements set out in Articles. 6.4., 6.5. and 6.6. of Terms and Conditions.

6.9. The Company refunds by using the same payment method used by the User for the purchase of the returned Product, unless otherwise expressly agreed with the User, within 10 (ten) working days.

6.10. In the event of withdrawal within 14 (fourteen) days, any delivery costs incurred by the User upon purchase and any costs for returning the Products will be fully borne by the withdrawing party.

Art. 7 – Complaints

7.1. Should the Products have a defect that is not detectable upon delivery, the Company may grant the User a compensation in the form of a shopping voucher, freely established by the Company. Alternatively, the User will have the right to request the delivery of a replacement Product. In the event that the elimination of the defect is impossible, or the Company deems it unreasonable, the User will have the right to request a discount on the purchase price, freely granted by the Company, or to withdraw from the contract. The delivery costs relating to the return to the Company of the Product to be replaced or repaired, as well as the costs relating to the delivery to the User of the repaired or replaced product, are borne by the Company (by way of example in cases of: failure of proven conformity of the order with delivery and/or non-conformity of the production).

7.2. For the purpose of submitting the complaint, the User must send appropriate photographic documentation along with a justified complaint to the Company’s e-mail shop@profumum.com.

7.3. The User will be informed on the progress of the complaint, as well as on any acceptance or denial, by e-mail.

Art. 8 – Sending of samples

8.1. The Company does not send any type of free sample (both with reference to perfumes and with reference to any other Product).

Art. 9 – Applicable law and competent court

9.1. The Terms and Conditions are governed by Italian law and must be interpreted according to the Italian Law, including the Consumer Code (Legislative Decree 206/2005) and the E-commerce Decree (Legislative Decree 70/2003).

9.2. Any dispute relating to the application, interpretation, execution and validity of the Contracts and the Terms and Conditions will be devolved to the mandatory jurisdiction of the judge of the place of residence or domicile of the User. Users can also activate an alternative out of court dispute resolution procedure in compliance with the requirements set out in Articles 141 and ss. of the Consumer Code. If the User activates this procedure, the Company guarantees its participation in order to attempt to an amicable settlement that the User may promote before RisolviOnline, an independent and institutional service provided by the Chamber of Arbitration of the Milan Chamber of Commerce. The User also has the right to use the platform for out-of-court dispute resolution provided by the European Commission.

9.3. As an alternative and residual, for disputes between the Company and the User domiciled or resident outside the Italian territory, the Court of Rome will have exclusive jurisdiction.

Art. 10 – Privacy and protection of personal data

10.1 All personal information and personal data provided by Users will be processed by the Company in accordance with the applicable privacy legislation in force.