Terms and Conditions
GENERAL INFORMATION
These General Conditions of Sale (hereinafter “General Conditions”) are drawn up in compliance with the legislative provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 regarding information society services and electronic commerce and Legislative Decree no. 206 of 06.09.2005 (so-called Consumer Code), and, in particular, Chapter I of Title III of Part III (articles 45 to 67), and regulate the offer and sale of products via the website shop.millefiorimilano.com (hereinafter the Site).
The MILLEFIORI MILANO brand products marketed on the Site (hereinafter the Products, also in the singular form) are sold by Onequity IV Srl, with registered office in Via Bigli, 15A – 20121 Milan (MI), Chamber of Commerce of Milan under no. REA 2743893 of the Company Register, Tax Code and VAT no. 13796520966, under concession of Home Fragrance Italia Srl, Tax Code and VAT no. 12886810154 with registered office in Via del Commercio, 28 - 20811 Bernareggio (MB).
- SCOPE OF APPLICATION
- The General Conditions apply to and govern all sales contracts concluded through the Site by Onequity IV Srl, as identified above, hereinafter “the Seller”.
- The General Conditions may be subject to changes at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
- In any case, the version of the General Conditions in force on the date the purchase order is sent applies to each sale.
- The General Conditions apply regardless of the nationality of the User, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service, as specified in point 2.
- SHIPPING COUNTRIES
- The purchase of Products through the Site is currently possible if shipping is to take place in the following countries:
- Italy
- San Marino
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czechia
- Germany
- Denmark
- Estonia
- Finland
- France
- Greece
- Hungary
- Ireland
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
- The Seller reserves the right to expand or restrict the list of countries referred to in point 2.
- Delivery is also expected in the Territory of the Republic of San Marino and in the Vatican State.
- PURCHASES ON THE SITE - RESTRICTION
- The purchase of Products on the Site is reserved exclusively to natural persons acting as consumers and who are over eighteen years of age.
- A consumer is a natural person who acts for purposes other than his or her commercial, entrepreneurial, artisanal or professional activity.
- The purchase made through the Site implies for the User full knowledge and acceptance, without reservations, of the General Conditions.
- INFORMATION REQUIRED FOR THE CONCLUSION OF THE CONTRACT
- To purchase online, the User must fill out an order form in electronic format prepared by the Seller and send it electronically, following the instructions indicated.
- As required by law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Consumer Code; the information relating to the right of withdrawal, in particular, is provided through the Standard Instructions on the right of withdrawal referred to in Annex I Part A provided for by art. 1 paragraph 1 of Legislative Decree no. 21 of 21.02.2014.
- To complete each order, the User is required to confirm the financial transaction having as its object the payment of the price of the Products inserted in the cart; to this end, at the end of the procedure of choosing the Products and confirming the User's data, the Site redirects the latter to the payment system page (Shopify) that manages the financial transaction.
- Orders that do not record the corresponding financial transaction are automatically cancelled.
- Once confirmation of the validity of the payment method indicated in the order and confirmation of the same has been received, the Seller will send the User, via email, to the email address communicated during login, a written confirmation of the order, as provided for by art. 51 paragraph 7 of Legislative Decree no. 206/2005.
- The offer of Products through the Site constitutes an offer to the public pursuant to art. 1336 of the Civil Code; the compilation and correct sending of an order through the Site therefore entails acceptance of the aforementioned offer. The contract is therefore considered concluded when the Seller is aware of the User's acceptance, formalized by means of the order form above.
- The Seller, however, reserves the right not to accept the order in the event of failure to authorise payment by credit card or other electronic payment system by the relevant manager.
- The User can monitor the status of his/her order at any time by contacting Customer Service through the appropriate section or through the tracking number provided in the shipping confirmation email.
- In any case, the User is always required to keep the order number communicated to him by the Seller, as it must be indicated in any communication with the Seller.
- The languages available for concluding a sales contract through the Site are:
- Italian
- The User undertakes, once the online purchase procedure has been concluded, to ensure the conservation of the General Conditions which, moreover, he/she will have already viewed and accepted, as an obligatory step in the purchase procedure.
- In the event of non-acceptance of the order 4.12, the Seller will promptly notify the User by email.
- PRODUCT CHOICE AND AVAILABILITY
- The Products offered for sale through the Site are items of diffusers and fragrances for environments and accessories, branded MILLEFIORI MILANO, present in the catalogue published on the Site at the time of the order by the User.
- The Product catalogue may be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; in no case does the Seller guarantee the availability of all sizes/versions for each item/colour present in the catalogue.
- In the Product catalogue each product is accompanied by a descriptive sheet that illustrates its main characteristics; the images and colours of the Products present in the descriptive sheets may, however, not correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the User to view the Site. The published images, therefore, must be considered indicative and are subject to normal tolerances.
- If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by email, proposing the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applicable, if already paid.
- PRICES, PURCHASE CONDITIONS AND PAYMENT METHODS
- The sales prices are those published online at the time of completing the order and are inclusive of VAT, if applicable based on the country of shipment of the Products. Payment will be made in Euros.
- The prices indicated in the online catalogue may be subject to change without prior notice. It is therefore the User's responsibility to verify the final price before submitting the purchase order.
- The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
- Payment for the Products can only be made using the following methods:
- Credit Card (Visa, MasterCard, American Express, Maestro, Carte Bancaire in France, Diners & Discover in the United States of America, JCB in Japan)
- PayPal (this method automatically redirects the user to the PayPal website payment page)
- Google Pay
- We reserve the right not to accept, cancel or refund the order if, due to errors, bugs or other inconveniences, the price of the product on the Site is mistakenly significantly lower than the correct selling price. In any case, we will contact you to verify whether you still wish to purchase the product at the correct price.
- The selling price is charged when the order is shipped.
- DELIVERY METHODS, COSTS AND OTHER CHARGES
- The Products are delivered, via couriers, directly to the User, at the shipping address specified by the latter during the order phase.
- The Site allows you to request delivery of the Products to an address other than the User's own, provided that it is included in the User's shipping country indicated when completing the order; in any case, it is the User's responsibility to indicate all the references necessary for the successful delivery (for example, if it is the address of a third party, specify the name on the doorbell/intercom to which the delivery is to be made).
- It is not possible to collect the Products purchased through the Site directly from the Seller's warehouse.
- The expected shipping costs and types may vary depending on the country and shipping methods chosen by the User, as per the table available on the Site.
- These expenses and any additional costs are the responsibility of the User. The relative amount will be expressly and separately indicated in the order summary before the User proceeds with the transmission of the same, as well as in the order confirmation email referred to in art.4.
- Upon delivery of the Products to the courier, the User will receive a confirmation communication from the Seller by email, which will expressly indicate the name of the courier used and the shipping details.
- Product delivery times vary depending on the destination countries and shipping methods chosen.
- In Italy, delivery is expected from one to five working days; in countries other than Italy, delivery times vary depending on the shipping method chosen among those possible, and are indicated in the table available on the Site.
- Not all shipping methods provided by the courier associated with the Seller are available for all countries in which it is possible to purchase the Products online.
- Both in Italy and abroad, the delivery procedure requires that, in the event of the recipient's absence when the courier arrives, the person in charge will leave a notice, in order to subsequently complete the shipment, which will indicate the contact details to contact to arrange the second delivery.
- The User always has the possibility to check the status of his order through the tracking number provided in the shipping confirmation email or by contacting Customer Service through the appropriate section.
- The delivery of the Products is considered to be completed at the moment in which the consumer, or the third party designated by him and other than the carrier, physically enters into possession of the goods; from that moment, as per law, the risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
- USER OBLIGATIONS UPON DELIVERY
- The User acknowledges that the collection of the Products represents an obligation deriving from the sales contract concluded with the Seller.
- In the event of non-delivery due to the recipient's absence during the attempts foreseen by the procedure applied by the courier, the package will remain in storage.
- If, within the terms indicated by the courier in the notice left to the User, the package is not collected, it will be returned to the Seller.
- In the case referred to in point 8.3, the contract shall be deemed terminated by operation of law pursuant to art. 1456 of the Italian Civil Code, with a simple communication from the Seller sent by email to the User, and, therefore, the order shall be cancelled for all purposes. Within 15 days of the communication referred to above, the Seller shall then proceed to refund the total amount paid by the User for the Products, minus the costs of the unsuccessful shipment, the costs of returning the Products to the Seller and any other costs that the Seller may have incurred due to the failed delivery resulting from the absence or inertia of the User in fulfilling the obligation to receive the delivery.
- The refund due pursuant to art.8.4 will be credited to the same payment method used by the User.
- Following the communication referred to in point 8.4, the User who intends to request delivery of the Products must necessarily proceed with a new order.
- The Seller reserves the right to refuse orders from Users against whom the Seller has previously asserted the express termination clause referred to in point 8.4. for failure to fulfill the obligation to receive delivery of the Products.
- Upon receipt of the Products, the Customer is required to verify their conformity with the order, paying particular attention to the following:
- the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- the packaging is intact and not damaged or tampered with.
- Any anomalies (such as, for example, tampering, damage to the packaging) must be specifically indicated in writing directly on the courier's transport document, and the User must refuse delivery. At the same time, the User will be required to report the fact to the Seller's Customer Service, through the appropriate section.
- The User is therefore invited to sign the transport document only after the checks referred to in art. 8.8.
- If the User does not proceed in accordance with the preceding points, and, therefore, accepts delivery of the Products even in the case of damaged or tampered packaging, the User will forfeit the legal guarantee of conformity of the Products.
- RETURNS
- Returns are free for all EU countries. Returns are at the customer's expense for extra EU countries and for exchange orders. Exchanges are only available for the same code in a different size or color. The request must be made when entering the return and the system will only allow you to proceed if it detects availability. The option is only available for countries within the EURO area.
- RIGHT OF WITHDRAWAL
- The User, as a consumer, has the right to withdraw from the contract of sale of the Products, as established by art. 52 of Legislative Decree no. 206/2005 (Consumer Code), without having to provide any explanation and without penalty.
- The User may exercise the right of withdrawal within 14 days from the moment in which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the Products.
- In the case of multiple goods ordered with a single order and delivered separately, the term referred to in art. 9.2 will start from the day on which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the last good.
- In the event of delivery of a good consisting of multiple lots or pieces, the term referred to in art. 9.2 will run from the day on which the User, or a third party other than the carrier and designated by the User, acquires physical possession of the last lot or piece.
- Before the expiry of the term referred to in art. 9.1, the User will inform the Seller of his decision to exercise the right of withdrawal from the contract. To this end, the User may:
- The withdrawal deadline will be considered respected by sending the withdrawal notice before the expiry of the withdrawal period, as determined above.
- In the withdrawal communication the User must specify the Products for which he intends to exercise the withdrawal.
- Upon receipt of the withdrawal notice, if timely, the Seller will refund the User the entire amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of Legislative Decree 21/14, without delay and in any case within 30 days from the date on which the Seller receives the goods in its warehouses; the refund will be made using the same payment method used by the User.
- The User, once he has exercised the right of withdrawal, must return the Products, without undue delay and in any case within 14 days from the date on which he communicated to the Seller his decision to withdraw from the contract, by sending the aforementioned to the following address: Home Fragrance Italia Srl, Via del Commercio, 28 - 20811 Bernareggio (MB).
- For the sole purpose of complying with the return deadline, the Products are considered to be shipped when they are delivered to the accepting post office or to the forwarder.
- The Products must be returned in the original packaging in which they were received, including any accessory documents such as packaging, sticks, tags, labels, seals, etc.
- To return the Product, the User may use the postal service or a carrier of his/her choice.
- All risks of loss or damage to the Products during shipment to the Seller for return are borne by the User.
- As provided for by art. 57 paragraph 2 of the Consumer Code, the User will be responsible for the decrease in value of the returned Products resulting from handling of the aforementioned other than that necessary to establish their nature, characteristics and functioning.
- In the event that, upon receipt of the return, the Seller should find a decrease in the value of the Products attributable to the User, the Seller will have the right to offset the amount corresponding to the aforementioned decrease in value with the amount to be refunded to the User as a result of the withdrawal; in this case, the Seller will notify the User within 14 days of receiving the return.
- Returns are free for all EU countries. Returns are at the customer's expense for extra EU countries and for exchange orders. Exchanges are only available for the same code in a different size or color. The request must be made when entering the return and the system will only allow you to proceed if it detects availability. The option is only available for countries within the EURO area.
- LEGAL GUARANTEE OF CONFORMITY
- All Products marketed through the Site enjoy the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to the consumer.
- By law, the Seller is obliged to deliver to the User goods that comply with the sales contract.
- The Seller is liable to the User for any lack of conformity of the Products existing at the time of delivery of the aforementioned, which become apparent within two years of delivery.
- To benefit from the above guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service via the appropriate section. This report must contain an accurate and complete description of the contested defects/faults.
- Customer Service will respond to the User's communication, giving instructions for shipping the defective product, which will be at the Seller's expense.
- The Seller will have the right to request the User to attach to the Product for which he intends to assert the guarantee the purchase invoice or other document certifying the date of completion of the sale.
- If applicable, the legal guarantee of conformity entitles the User to obtain the free repair or replacement of the Product, at his/her choice, unless the requested remedy is objectively impossible or excessively expensive compared to the other available remedy.
- The User will have the right to request, at his discretion, an appropriate reduction in price or the termination of the sales contract, only if the repair or replacement is impossible or excessively expensive, or the repair or replacement has not taken place within an appropriate timeframe, or the repair or replacement has caused significant inconvenience to the User.
- In no case does a minor lack of conformity give the right to terminate the contract.
- Any defects or damages caused by accidental events or by the User's responsibility or by use of the Products that is not in accordance with their intended use, or by normal wear and tear, are excluded from the lack of conformity and, therefore, from the legal guarantee.
- PRIVACY
- User data is processed in compliance with current legislation on the protection of personal data, as specified in the information on the processing of personal data provided by the User when completing the login form.
- CUSTOMER SERVICE, COMPLAINTS AND COMMUNICATIONS
- The following contact details are indicated to which the user can turn for any further information or assistance or to forward complaints: Home Fragrance Italia Srl, Via del Commercio, 28 - 20811 Bernareggio (MB). E-mail: eshop@millefiorimilano.com
- All communications that, pursuant to the General Conditions, are made by e-mail will be sent to the address communicated by the User during Login.
- APPLICABLE LAW AND JURISDICTION
- The sales contract concluded pursuant to the General Conditions is governed by Italian law.
- For any dispute that may arise regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, the Court of the place of residence or domicile of the User will have jurisdiction, in the case of a consumer resident or domiciled in Italian territory. If the User is not resident or does not have domicile in Italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, in the case of an action brought by the Seller, the latter may choose between the Court of Milan and the Court of the place of residence or domicile of the User, alternatively between them; in the case of an action brought by the User, the Court of Milan has exclusive jurisdiction.
- We would like to inform you that the European Commission provides a platform for alternative out-of-court dispute resolution, including cross-border disputes, accessible on the website http://ec.europa.eu/odr .
Last updated: 10/18/2022