General terms and conditions of sale

These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") govern the offer and sale of goods on this www.acquadiparma.com website (hereinafter the "Site").

The goods purchased on the Site (hereinafter the "Products") are sold, depending on the country in which the products are shipped, by Acqua di Parma S.r.l. with registered office in Milan - Italy, Via Giovanni Spadolini 7 Palazzo B 20141, fiscal code and VAT number 04215670375 or by Global-E NL B.V. with its registered office in Amsterdam - Netherlands, Krijn Taconiskade 430 1087 HW, registration number 72541466 and VAT number NL859146492B01 (hereinafter, each of them, the "Vendor").

In order to send a purchase order, it is necessary to read and accept these General Terms and Conditions of Sale. Failure to accept the General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

1. RECITALS

1.1. The General Terms and Conditions of Sale exclusively govern the offer, submission and acceptance of purchase orders for Products on the Site between the Vendor and the users of the Site.

1.2. Through the Site, the Vendor offers the Products for sale and carries out its e-commerce activity exclusively towards its end users who are of legal age and "consumers", i.e. natural persons acting for purposes not related to any commercial, business, trade or professional activity, which may conduct (hereinafter the "Customer").

1.3. The offer and sale of the Products refer exclusively to the countries indicated in the list of shipping countries on the relevant page of the Site accessible via the homepage.

1.4. The Vendor, therefore, reserves the right not to process orders from parties other than the "consumer" and/or minors, from countries not included among those indicated among the shipping countries or, in any case, orders that do not comply with its commercial policy.

1.5. The General Terms and Conditions of Sale do not regulate the sale of goods or the supply 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 placing orders and purchasing goods and services from parties other than the Vendor. The latter is therefore not responsible for the sale of goods and/or the provision of services by third parties and/or the conclusion of agreements between the Customer and third parties.

2. PURCHASE ORDER OF PRODUCTS

2.1. To purchase one or more Products on the Site, the Customer must select the Products he intends to purchase and add them to the shopping cart. Once the selection of the chosen Products has been completed, the Customer must continue with the checkout on the shopping cart web page, fill in the order form in electronic format, according to the relevant instructions, and send it to the Vendor.

2.2. The languages available for the conclusion of the purchase order are Italian, English, German, French, Spanish.

2.3. The purchase order for the Products may be placed by the Customer either through his/her personal account, if registered on the Site, or through the "guest" user mode, in which case they must provide the personal information required to proceed with the processing of the order.

2.4. The order form contains a reference to the General Terms and Conditions of Sale, as well as a summary of information on the main characteristics of each Product ordered and its price, the means of payment accepted and the methods of delivery of the Products purchased, the shipping and delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the Products purchased.

2.5. Before proceeding with the purchase of the Products by sending the order form, the Customer is required to carefully read the General Terms and Conditions of Sale, which may also be printed, saved or copied for personal use. By sending the order form, the Customer declares that he has understood and approved the content of the form itself, as well as accepted the General Terms and Conditions of Sale and Use of the Site. Failure to do so will result in the inability to proceed with the purchase order..

2.6. Before submitting the purchase order form, the Customer may verify the details of the order, as well as identify and correct any errors in data entry.

2.7. The submission of the order form by the Customer implies the obligation for the latter to pay the price indicated in the order.

2.8. Once the purchase order has been accepted, the Vendor will send the Customer, by e-mail, a receipt of the purchase order, which will contain information relating to the essential characteristics of the Products and a detailed indication of the price, applicable taxes or duties, means of payment and a link to the Site indicating the conditions and procedures for exercising the right of withdrawal.

2.9. The Vendor reserves the right not to accept purchase orders that are incomplete or incorrect, that do not provide sufficient guarantees of solvency or in the event of unavailability of the Products. In these cases, the Vendor shall promptly and in any case within 14 days from the day following the day on which the order was transmitted to the Vendor, inform the Customer by e-mail that the contract has not been concluded and that the Vendor has not followed up on the purchase order. In the event that the Customer has already submitted the order form and paid the price, the Vendor will refund the amount paid.

2.10. The order form will be archived in the Vendor's database for the period of time necessary to process the orders and in any case in compliance with the terms of the law. The Customer, if registered on the Site, will be able to view the orders placed by accessing his personal account and consulting the appropriate section of the Site. The Customer who has made the purchase as a "guest" user can check the orders placed by contacting Customer Service as indicated in paragraph 11 "Customer Service" below.

3. PRODUCT FEATURES

3.1. Only original Products bearing the Acqua di Parma trademark, as well as the trademarks of relevant Partners, are offered for sale on the Site with the authorization of Acqua di Parma S.r.l.

3.2. The essential characteristics of the Products are presented on the Site within each Product sheet. However, the images and colours of the Products offered for sale may not correspond to the real ones due to the effect of the Internet browser and/or monitor used.

3.3. Each Product is sold on the Site together with its identification tag which is an integral part of the Product itself.

4. PAYMENTS

4.1. The prices of the Products indicated on the Site are expressed in local currency. The Site will also indicate the applicable taxes and fees, depending on local regulations. The prices of the Products do not include shipping and delivery costs, which will be clearly indicated during the purchase process of the Products.

4.2. Prices for Products may be subject to change. The Customer therefore undertakes to verify the final sale price before sending the relevant order form.

4.3. The payment methods can be found on the Payments and Security page of the Site, as well as indicated in the individual purchase order form, and are an integral part of the General Terms and Conditions of Sale.

4.4. The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged, depending on the payment method chosen, at the time of payment or at the time of shipment of the Products by the Vendor.

4.5. In the event that payment by credit card is chosen, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, via encrypted protocol, to banks or companies that provide the relevant remote electronic payment services, without third parties being able, in any way, have access to it. Furthermore, this information will never be used by the Vendor except to complete the procedures relating to the purchase for which it is provided and to issue the relevant refunds in the event of any return of the Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.

4.6 Outside the European Economic Area and UK, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product at the country of delivery. The costs of customs clearance cannot be foreseen in advance by the Vendor and are, in any case, entirely borne by the Customer. For more information, the Customer can contact the customs office of the country of delivery of the Product.

5. DELIVERY OF PRODUCTS

5.1. The delivery of the Products ordered on the Site takes place by express courier. The costs, methods and terms of delivery of the Products are indicated on the "Shipments" page, as well as in the individual purchase order form, and are an integral part of the General Terms and Conditions of Sale.

5.2. The delivery times of the Products indicated on the Site refer exclusively to working days, with the express exclusion of public holidays.

5.3. The Customer must place the purchase order directly from the page of the Site relating to the shipping country to which the purchased Product will be delivered. The Site should be able to automatically recognize the country from which the Customer is connecting but it is possible to change the country of reference of the Site through the list of shipping countries on the relevant page of the Site. Orders placed from a section of the Site relating to a country other than the country of destination, or to an address not accepted by the courier appointed by the Vendor (such as, for example, P.O. Boxes and Poste Restante), will not be accepted. The Site is not authorized to ship to Livigno, Campione d'Italia, San Marino and Vatican City.

6. RIGHT OF WITHDRAWAL, RETURN AND REFUND FROM EUROPEAN ECONOMIC AREA COUNTRIES

6.1 In accordance with EU Directive 2011/83/EU of 25 October 2011 and Article 54-bis of Legislative Decree no. 206/2005 as amended ("Consumer Code"), the Customer has received the Products in a European Economic Area country has the right to exercise the right of withdrawal, for any reason, within fourteen (14) days from the date of receipt of the Products. If the Vendor sends the Products relating to the same order to the Customer divided into several packages, the fourteen (14) days will be calculated from the date of receipt of the last package by the Customer. In accordance with the EU Directive and the Consumer Code mentioned above, the Vendor does not accept returns of Personalized Products unless they are damaged or do not correspond to the customization options selected by the Customer.

6.2 To exercise the right of withdrawal, the Customer may, alternatively:

send the Vendor a communication explicitly declaring that he/she is exercising the right of withdrawal, by entering the request at this link https://acquadiparma.com/contact-us/; or
use the online withdrawal function made available on the Site via the "Withdrawal" button available:

for customers who have created a customer account / Identified Customers: in your customer account, in the "My Orders" section;
for guest customers: on the "Order Tracking" page of the Site.

Once the Customer has completed the withdrawal form, he must confirm the sending of the form by clicking on the confirmation button.

The Vendor shall immediately confirm the withdrawal by sending an email to the Customer.

6.3 In the event of exercising the right of withdrawal, it is not possible to directly replace the chosen Product with another; in order to purchase a new Product, the Customer must place a new and separate order from the previous one.

6.4 The right of withdrawal cannot be exercised in the event that:

the Products have been custom-made or personalized;

the Products have been opened after delivery.

6.5 By virtue of the right of withdrawal, the Customer who has received the Products in the European Economic Area countries, has 14 (fourteen) days to return the Products ordered, including gifts and free samples, from the date of receipt of the package.

6.6 The Products must be in perfect condition, unopened, in the original packaging, so that they can be marketed again. Products that are not sealed, opened and/or used cannot be returned for reasons of hygiene and health protection.

6.7 If the Customer has the right to return according to the conditions described above, he can do so through the courier that will be indicated at the time of exercising the right of withdrawal. The direct costs of returning the Products shall be borne by the Customer. To obtain the return label, the customer must contact the Vendor's customer service, via the contact form https://acquadiparma.com/contact-us/.

6.8 It is recommended, where possible, to return the Products in the packaging sent by the Vendor. The Customer assumes all responsibility for the risks associated with the return of the Products.

6.9 Upon receipt of the Products, the Vendor shall carry out the necessary checks relating to their compliance with the conditions and terms indicated in this Article 6. In the event that the checks are successful, the Vendor will refund all payments received from the Customer, including delivery costs if the order is returned in full, deducting the return shipping costs. The Vendor is not obliged, however, to reimburse the delivery costs, if the Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered or in the event of partial return of the Products, as the Customer has benefited from the delivery service of the items it retains and the delivery costs do not change depending on the volume ordered.
6.10 If all the above conditions are met, the Vendor will proceed to refund to the Customer via the same payment method used for the order, within a maximum of fourteen (14) days from receipt of the returned Products. The refund may be suspended by the Vendor until receipt of the Products or until the Customer has demonstrated that the Products have been sent back, whichever is earlier.

6.11 If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will be made by the Vendor, unless otherwise agreed, to the person who made the payment.

WITHDRAWAL FROM NON- EUROPEAN ECONOMIC AREA COUNTRIES

6.12 In the event of exercising the right of withdrawal from the UK, Ireland, Iceland, or from a country outside the European Economic Area, where such right exists, it is not possible to return the ordered Products. For this reason, the procedures for exercising the right of withdrawal, if provided by law, will be indicated directly on the Site.

7. LEGAL WARRANTY OF CONFORMITY

7.1. In addition to the warranty for defects in the goods sold, the Vendor provides the legal warranty of conformity on the products in accordance with the provisions of Title III of Part IV of the Consumer Code. This warranty provides that the Vendor is responsible for defects of conformity on the products sold that occur within 2 (two) years from the delivery of the products.

7.2. Unless proven otherwise, it shall be presumed that the lack of conformity which becomes apparent within 6 (six) months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

7.3. To take advantage of the legal warranty of conformity, the consumer must report to the Company any defect in the purchased product within 2 (two) months of its discovery; failure to do so will result in the forfeiture of this right.

7.4. In the event of a lack of conformity reported within the established terms, the consumer may, at his choice, ask the Vendor to repair the goods or replace them, in both cases without incurring any expense, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The Customer may also request, at its choice, an appropriate reduction in the price or the termination of the contract in cases where repair and replacement are impossible or excessively expensive, the Vendor has not repaired or replaced the goods within a reasonable period of time or the replacement or repair previously carried out has caused significant inconvenience to the consumer.

7.5. In order to take advantage of the guarantee of conformity, it is recommended to keep and show the purchase documents of the product. For more information on the legal guarantee of conformity for consumers as well as to take advantage of the remedies provided for by the legal guarantee in relation to the products purchased from the Vendor, the consumer can contact Customer Service.

8. PRIVACY

8.1. In relation to the processing of the Customer's personal data, please refer to the Privacy Policy available at the following link: https://www.acquadiparma.com/privacy-policy.html

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1. The General Terms and Conditions of Sale are governed by Italian law and in particular by the provisions of the Consumer Code, with specific reference to the provisions on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.

9.2. In the event of disputes between the Vendor and each Customer, arising from the General Terms and Conditions of Sale, the Customer may access via the link https://consumer-redress.ec.europa.eu/dispute-resolution-bodies the online dispute resolution platform provided by the European Commission.

10. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

10.1. The General Terms and Conditions of Sale may be modified by the Vendor at any time also in consideration of any regulatory changes. The new General Terms and Conditions of Sale will be effective from the date of publication on the Site. Customers are therefore invited to access the Site regularly and consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

10.2. The General Terms and Conditions of Sale applicable to each contract concluded by the Customer through the Site are those in force on the date the purchase order is sent.

11. CUSTOMER SUPPORT

11.1. For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer may contact the Vendor's customer service at any time at the following link: https://acquadiparma.com/contact-us/