1.1 Dear User, The site www.tailormadefragrance.com (hereinafter, the "Site") is owned and run by Premi S.p.A., whose operational headquarters are located in Via Gera 16/18, 20060 Gessate (MI) - Italy , (hereinafter, "Premi") and legal residence in piazza della Repubblica 32, 20124, Milano. VAT Number 09313920960
1.3 As "online" sales contract we refer to the distance contract concluded between a SUPPLIER, Premi, and a CUSTOMER and we mean the legal transaction having movable property and/or services as subject. For the contract purpose, Premi only employs the communication at distance called Internet.
1.4 The use of some specific services offered on this site by some specific categories of users (hereinafter, "Users" ), could involve the application of the present Use Conditions but also the application of the General Sale Conditions.
1.5 The access to the Site or to the information contained but also to any services offered, implies the acceptance and the compliance of the Use Conditions and of the General Sales Conditions. With the access to the Site, all the Use Terms and all the other General Terms and Sale Conditions, are considered as known and accepted: because of this, it is required the user to read carefully, print and save this document before accessing to the Site.
1.6 Premi reserves the right to modify and/or update all or part of the Use Conditions and Sale Terms and Conditions at any time by the publication of new terms or conditions. Using the site by the user mean the acceptance of all amended and updated conditions on the Site. If the user does not agree with any terms or conditions on the site, must immediately discontinue the use of the site.
2. User Status
2.1 The use of any service of this site gives the utilizer the status of user.
2.2 Registration is not required for simple navigation.
2.3 Registration is necessary for the execution of orders. The registration will be carried out by the expressly provided form you find on this site.
3. Registered Users
3.1 For the registration users must:
- Be at least 18 years;
- Have all the necessary requirements to be able to enter into legally binding contracts;
- Have a valid email address
- Have a valid credit card or a bank / PayPal account for payments.
3.2 The Registered Users declare that the login credentials, provided with the registration procedure, will be safely conserved and will not be disclosed to third parties (User Name and Password). All the data are strictly personal and may not be transferred to third parties.
3.3 The user declares under their sole responsibility, that the information provided during registration is complete, correct, and truthful. Premi will not be held liable for consequences resulting from entering false, incorrect, or incomplete information during registration.
4. Registered Users Categories
4.1 While registering on the Site, customers can choose between two categories of users based on the requested data inserted in the registration form:
Consumer: users who use the Site only for personal purposes excluding work or professional use. These users are not equipped with a VAT Number, excluding for example: sole proprietorships, professionals and company of persons or of capital.
Business User: users who use the site for professional purposes in the exercise of a work or a profession. These users have a VAT number including for example: sole proprietorships, professionals and company of persons or of capital.
4.2 The website management system automatically groups the Users (Consumer or Business) by entering their VAT number. The user is responsible for entering their correct data upon registration (in particular, the VAT number). Incorrect data will prevent the order from being fulfilled.
4.3 Foreign companies, which do not have a VAT number, must contact our customer service before making a purchase.
5. Application of the General Use Conditions and the other General Terms and Conditions for the different users categories of this Site
5.1 These Site Terms and Conditions are applied to all categories of users, as established in the introduction.
5.2 The goods sale contracts made through the Site by the Consumer are adjusted by the Sale General Conditions (hereinafter GCS) in order to guarantee to the User all the rights provided by the Leg. Dec. 206 of 2005 ("Consumption Code");.
5.3 The goods sale contracts made through the Site by Business Users are adjusted by the Sale General Conditions for Business (hereinafter GCS) as just revised by the legislative decree 21.02.2014 n° 21; Users and Consumers are requested to consult CGV relevant to them ( shown below ) in which they can find all the essential information in accordance with ART. 49, legislative decree 06.09.2005 n° 206 ( Consumption Code ).
6. Guarantees provided by the user
6.1 The User declares and warrants that:
- The information provided by the registration are correct, truthful and accurate.
- The User will update the information provided by the registration through the special form for editing user profile.
- The Site will be correctly used as explained on the General Sale Conditions and on any instruction published time by time on the Site
- The User assumes all the liability in respect of Premi and to third parties relating to the correctness and conformity with the truth of the information published.
Premi will not be held liable for consequences resulting from entering false, incorrect, or incomplete information during registration.
7. Restrictions on Use of the Site
7.1 1 When accessing or using this Site, the User agrees to not:
- use automatic devices, software, or other systems intended to damage the Site, catalogue the Site or any information contained therein;
- use automatic devices, software, or other systems to try to interfere or attempt to interfere with the functions and services of the Site;
- use the Site Contents or perform framing activities even with the aim of creating or filling databases or other type of information; but also to engage in competitive activities with Premi;
- upload, post, transmit, send advertising material, messages or commercial spam information, invitations to tenders or competitions, junk email, surveys, or other type solicitation requests;
- use the Site or any content on the Site in a way that can be considered, at Premi discretion, not reasonable and/or contrary to the purpose it was made available;
- violating any rights, including the right of copyright, trade secret, privacy, or any other intellectual property rights or other reserved rights.
- misrepresent the identity or acts to obtain money, password or personal information;
- violating any applicable legislation provision;
- publish, sell, trade, or use the Site and/or its Contents with any arrangements unless this has been expressly authorised by Premi;
- upload or try to upload viruses, worms, code, files or other elements that could cause damage to the Site, software, hardware, and other telecommunications tools to third parties.
8. Faculty to limit the Site use to Users
8.1 With its absolute discretion, Premi reserves the right to block the function of a registered user account, in case of violation of one or more General Use Conditions of the Site, of the GCS and any instruction published time by time on the Site.
9. The Site
9.1 The site gives to users with the possibility to buy packaging for fragrance and skincare sector but also the related accessories.
9.2 Telephone support is available for Users to provide information, explain products characteristics and the purchasing procedures. CUSTOMER Service can be contacted, from 09.00 to 12:30 and from 13.30 to 18.00, from Monday to Friday, writing to the following e-mail address firstname.lastname@example.org or calling this telephone number 02 95929880
10. Prices and Rates
The shown prices are not including VAT. Preparation and packaging costs of goods and shipment costs are related to a specific amount of products. Shipping costs are excluded. By selecting the different quantities of products it will be possible to view the prices and quantities.
10.2 Shipping costs
The shipping costs can be calculated by the user through the specific features available on the Site and they will be specified separately before the user completes the purchase.
10.3 VAT, DUTIES AND CUSTOMS DUTIES
For shipments outside the European Union, the shipping charges are not comprehensive of customs fees ( that the consumer must pay with modality and rate of her/his own country at the delivery of the goods ), duties and customs duties of the country in which the products will be shipped.
VAT will not be charged to Business Users in the event the goods are shipped to a foreign country. VAT will be charged to Users in the event the goods are shipped to Italy.
Please remember that, pursuant to articles 3.3, 4.2, 4.3 and 6 of the website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Moreover, Business Users, who do not have a VAT number (some foreign companies), must contact our customer service before making a purchase.
11.1 All the payment processes on www.tailormadefragrance.com are managed in order to minimise the fraud risk
11.2 Even if the User chooses to pay with PAYPAL, or with a CREDIT CARD (no extra cost) or by BANK TRANSFER, all the data will travel through a secure and encrypted server.
11.3 CREDIT CARD PAYMENTS
For payment made by credit card Premi uses a secure system with the SSL certification: by the order confirmation the data of the credit card will be transferred to the credit institution which provides the remote electronic payment service that interface with the card manager. It is provided a secure encrypted connection called Secure Socket Layer (SSL), for the authorisation and billing. This is a safe and risk-free procedure that protects the CUSTOMER from the risk of abuse. Thanks to this system, www.tailormadefragrance.com does not display customers’ credit card data in any way.
www.tailormadefragrance.com reserves the right to request additional information or the copies of a document to prove the ownership of the used card. If CUSTOMER does not provide the information www.tailormadefragrance.com reserves the right to not accept the purchase order.
11.4 PAYPAL PAYMENTS
For payment made through the Paypal platform all the financial data of the user will be handled directly by PayPal and they will never be shared or displayed with www.tailormadefragrance.com which will receive only the confirmation of the payment on the Paypal account.
If the order is cancelled (either by the CUSTOMER or by www.tailormadefragrance.com) the amount will be refund at your PayPal account.
11.5 ADVANCE BANK TRANSFER PAYMENTS
The payment must be done to:
The transfer in EURO must be made out to:
Via Gera 16/18
20060 Gessate (MI)
VAT number: 09313920960
BANCA SELLA - Agenzia di Milano nr. 7
Piazzale Loreto, angolo Via Doria
IBAN: IT 46 N 03268 01607 052917495422
The transfer in USD must be made out to:
Beneficiary Name: PREMI SPA
Bank Name: CITIBANK US
111 Wall Street
New York, 10043, USA
Account Nr: 70280000000000261
Aba Routing code: 031100209
As description, the user must write the number and the date of the order, indicated in the confirmation e-mail.
For payments made by bank transfer, the CONTRACTOR reserves the right to cancel the ORDER if the payment is not credited within 10 days from the date of purchase.
11.6 ADDITIONAL COSTS AND PAYMENTS
The payments above specified do not include any additional cost for the customer.
12. Intellectual Property
12.1 The contents published or accessible through the Site are protected by the laws regarding copyright and industrial property. Premi is the owner of the site and, because of this, has the entitled to the use the Site, its pages, its information or items contained in the texts, documents, photographs, drawings, graphics, software, codes, logos, trademarks, trade names or other indicative signs protected by intellectual or industrial property rights.
12.2 The user cannot reproduce, modify, reverse engineer, distribute, copy, and disclose information or elements without the prior authorisation of Premi.
13. Links, banners and third party advertising
13.1 The Site contains links to sites managed and owned by third parties, banner ads that recall directly or indirectly sites managed and owned by third parties and advertising in general. The user, accessing to these sites, recognizes that he is going to abandon the site at his own risk, knowing well that the General Conditions of the Site and the general conditions and instruction published time by time, do not regulate the access to third party sites. The advertising shown on the site does not imply recommendation by Premi.
14. Liability exclusions
14.1 Premi publishes information on its web site www.tailormadefragrance.com to provide a service to users, but disclaims all liability in case of any technical inaccuracies and/or typographical errors. Once any errors are brought to the attention, Premi will correct them immediate. Premi also can make corrections and changes to the site, if necessary, without giving any notice.
14.2 Premi does not give any guarantee that the information published on its website complies with the laws of the jurisdiction for the user.
14.4 Premi assumes no liability for the wrong use of registered users' personal credentials. In Fact they are the only ones responsible toward Premi and toward third parties of the correct use of these credentials.
14.5 Premi does not guarantee continuous and uninterrupted access to the Site and its services, which can be affected by factors, also technical, outside of its control.
14.6 Premi does not guarantee the continuous and uninterrupted access to the Site and its services, which can be affected by different factors outside of its control. .
14.7 Premi will not be held liable for consequences for the User or third parties resulting from entering false, incorrect, or incomplete information during registration.
14.8 In each case, the possible refund for Premi responsibilities in relation to the users or to any third party is limited to the amount of Euro 1,500.00.
15. Applicable Law and Jurisdiction
15.1 The access and use of the site by the User are subject to the Italian law.
15.2 In case of a dispute concerning or arising the access and/or the Site use by Business User, is exclusive jurisdiction of Milan Court.
15.3 To consumers are guaranteed the rights provided for by Leg. Dec. 206 of 2005 ("Consumer Code"); in this case all disputes concerning or arising the access and/or the site used, are exclusive jurisdiction of the Consumer Court in accordance with the provisions of the Consumer Code.
These website terms and conditions were updated on 30/09/2019.
BUSINESS TERMS AND CONDITIONS
1. SUBJECT - EFFECTIVENESS
1.1 As defined in the General Terms and Conditions of Use, these General Sale Conditions (hereinafter GCS) are apply to all the orders placed through the site www.tailormadefragrance.com (hereinafter the "Site") by any Consumer (hereinafter the "CUSTOMER") toward Premi S.p.A.(hereinafter the "SUPPLIER") and they completely regulate current and future supply relationships and discussion between the CUSTOMER and the SUPPLIER
1.2 The GCS are published in the section "Conditions of sale" of the Site for consumers to encourage the reproduction and conservation respecting of Art. 12 of Leg. Dec. No. 70/2003. Even if not subscribed, we consider them as known and accepted with the simple access to the site and the simple sending of the order through the features of the Site.
1.3 If one or more clauses of these conditions are declared by judicial authorities or by a court of arbitration, null, invalid, ineffective or illegal, totally or only a part, this will have no effects on the validity and on the effectiveness of the other clauses or the remainder of that clause.
2.1 Each Order for standard products has to be sent by the specific section of the Web site, where the CUSTOMER will have to specify:
Quantities of the product
Type of shipping (on pallet or package)
2.2 The Supplier will accept orders up to the maximum number of pieces available indicated for each item, for the standard items indicated on the website; for Orders of large quantities or non-standard products, the CUSTOMER will have to contact Premi S.p.A. via the appropriate section of this Website..
2.3 In any case, the SUPPLIER isn't forced to sell the products to the CUSTOMER before he receive the confirmation of payment or in case of bank transfer receive the total amount.
2.4 All Orders are irrevocable and binding and cannot be cancelled by the CUSTOMER.
2.5 Orders will be confirmed and become binding for the SUPPLIER after receiving the confirmation of the Order, which is after receiving the payment, in accordance with the provisions of Art. 4.4 and 4.6
2.6 In the event payment is not received within 5 days from the order confirmation or if an incorrect amount is paid, the order will be suspended and the goods will be made available to be sold to other CUSTOMERS. Premi does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation.
Late-paying CUSTOMERs must wait for the goods to be available again without this entailing any breach on Premi’s part.
2.7 The CUSTOMER may check the status of the order in the section of the Web Site:
- On hold: Order just created
- Payment on hold: Order waiting for payment
- Processing: Invoice issued OR Shipment generated OR PayPal/credit card payment received
- Being managed by the logistics department: Passed over to the logistics department
- Ready for pick-up: Complete and ready to be picked up at Tailor Made Fragrance warehouse
- Complete: Completed and shipped with TNT (or picked up at our warehouse)
3. DELIVERIES - QUANTITY
3.1.1 The customer can choose between shipment with courier or picking up the goods at Tailor Made Fragrance warehouse.
Deliveries for standard products take place within 15 days from the receipt. When the carrier receives the goods, all the risks are a CUSTOMER's task.
188.8.131.52 The arrival times of the goods depend on the time-in-transit shipments and on the destination.
184.108.40.206 The dates of delivery and arrival of the goods are not binding and are only a reference date. The Supplier always does what he is able to do to respect that term. The delivery dates are merely indicative and the delivery deadline is not essential. In any case, the SUPPLIER will not be responsible in any way for delays in delivery of the products caused by (i) cases of majeure force as defined in Article10, or (ii) not adequate instructions for the delivery of the products by CUSTOMER or of any other instruction relating to the sale of Products, (iii) delays of subcontractors or CUSTOMER, involved in a process of realisation of the Products, (iiii) in case of custom products that have particular production characteristics.
3.1.3 PICK UP AT THE STOCK
The CUSTOMER can pick up the goods at Tailor Made Fragrance waarehouse (address: via Gera 16/18 - Gessate, 20060 ITALY). In this case the goods will be available for the CUSTOMER at Tailor Made Fragrance waarehouse. (EXW Incoterms 2010)
220.127.116.11 Goods will be ready for pick up within 15 days from receiving the payment.
18.104.22.168 After the communication of availability of the goods at the stock, they can be picked up every day from Monday to Friday from 15:00 p.m. to 18:00 p.m. Any form required by the courier will be charged to the CUSTOMER. The warehouse will issue only the shipping invoice.
22.214.171.124. After having received the communication of availability of the goods at the stock, the CUSTOMER has to pick up the goods within 15 days and not further. Over 15 days, delivery will be considered accomplished with the consequences written in Article 5.2.
126.96.36.199 In case of delay by picking up ( within and not further 30 days from communication of availability of the goods at the stock ) ( see Art. 3.1.8 ), the CUSTOMER can pick up the goods prior storage costs’ payment of 0,50€ per day for every day of delay over the deadline of 15 days starting from the date of dispatch of the communication of goods ‘availability at the stock.
188.8.131.52 In case of delay by picking up the goods over 30 days from communication of availability of the goods at the stock ( see Article 3.1.8 ), the customer will have to book another pick up sending an e-mail on the following website: email@example.com. In this case the goods’ availability at the stock is not guaranteed and delivery times written in Art. 3.1.6 are not guaranteed too.
184.108.40.206 If the pick up is organized throughout a courier sent by the CUSTOMER, the goods will be delivered to the courier with invoice and without arrangement of any other documents. The arrangement of other travel documents requested by the courier is a commitment of the CUSTOMER or of the courier that will pick up the goods.
3.2 If the SUPPLIER fails to deliver the Products, the liability of the SUPPLIER will be limited to the difference between the price originally provided and the cost incurred by the CUSTOMER to obtain the lowest price available on the market, the substitute products will have the same characteristics and the same quality3
3.3 Irrespective of that Regardless of what the Article 3.1 establishes, the terms of delivery are not considered valid until the SUPPLIER receives the payment made by the CUSTOMER
3.4.1The minimum quantity of Products per Order and/or Delivery is a box. The number of products per box depends on the different references..
3.4.2 Each delivered and invoiced Order cannot be greater than or less than five per cent (5%) as compared to the quantity specified in the Order. The CUSTOMER accepts this tolerance. Within the limits of these variations (+/-5%), the CUSTOMER it not able to raise any objection or complaint.
3.4.3 The CUSTOMER has to select the type of delivery (by package or pallet) when he places the order. In case of delivery by pallet the CUSTOMER has be equipped to be able to discharge the pallet.
4 PRICE - PAYMENT
4.1 Products are billed according to the price indicated on the Site by the Supplier.
4.2 Prices do not include preparation and packaging costs, Vat and shipping costs (you can calculate the shipping costs through the special features of the Site)
4.3 The total price of the supply, including shipping costs, preparation and packaging costs, will be indicated in the "cart" section.
4.4 VAT NUMBER, CUSTOM DUTIES AND CHARGES
In case the Products are exported to non-EU countries, the indicated price will not include the VAT (which the User should pay with the methods and rates of the country of destination, upon delivery of the goods), custom charges and duties. VAT will not be charged to Business Users in the event the goods are shipped to a foreign country. VAT will be charged in any case to Users in the event the goods are shipped to Italy.
Please remember that, pursuant to articles 4.2 and 4.3 of the website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Moreover, Business Users, who do not have a VAT number (some foreign companies), must contact our customer service before making a purchase.
4.5 5 Provided methods for payments:
-Credit card (Visa and Mastercard)
4.6 The payment will be confirmed only after receiving the exact the amount that indicated in the order.
4.7 In case of a payment via bank transfer, the Supplier reserves the right to cancel the ORDER should the payment not be credited within 10 days from the purchase date.
4.8 In the event that the payment is not received within 5 days from the order confirmation or if an incorrect amount is paid, the order will be suspended and the goods will be made available to be sold to other CUSTOMERS. Premi does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation.
Late-paying CUSTOMERs must wait for the goods to be available again without this entailing any breach on Premi’s part.
5 PROPERTY RESERVE- RISKS
5.1 As declared by the Art. 4.5, the CUSTOMER becomes the owner of the products after he paid for the total amount and only when the SUPPLIER receives all the money.
The SUPPLIER can make all the actions and the legal obligations required that are necessary to maintain and ensure the ownership respecting the national law.
5.2 As defined by the Art. 3 after that the delivery took place, the risks of damage and loss of the products are a CUSTOMER’S tasks.
5.3 The SUPPLIER can ask to the CUSTOMER the payment of the products (also in courts) even if the ownership of the products is already of the CUSTOMER.
5.4 Any advance payments paid by the CUSTOMER can be retained permanently by the SUPPLIER.
6.1 The SUPPLIER guarantees that from delivery to a period of twelve (12) the products will be:
6.1.1 comply with all the specifications described on the Site;
6.1.2 free from defects of materials and workmanship.
6.1.3 of a satisfactory quality.
6.2 The SUPPLIER excludes any warranty of suitability for adaptability or compatibility of the products with CUSTOMER'S needs and requirements, for the manufacture of finished, semi-finished and intermediates products, for the incorporation of products in other products, for the use of the products with any substance.
6.3 In case of products manufactured following the Customer’s instruction, the SUPPLIER excludes any warranty concerning the violation of the rights of third parties (in particular, violation of intellectual property rights).
6.4 It is exclusive responsibility of the CUSTOMER to:
6.4.1 choose products in relation to the technical characteristics of the finished products, to the machinery used for the production of the same and packages.
6.4.2 make sure that the Products ordered are suitable for the use they will be employee;
6.4.3 make sure that the products are compatible with the substance that the CUSTOMER will use and with the products sold by the CUSTOMER;
6.4.4 ensure that the finished products that the CUSTOMER sells, will respect the regulation of the place they will be sold.
6.5 The CUSTOMER ensures that the custom specifications communicated to the SUPPLIER doesn’t violate and will not violate the rights of third parties.
6.6 Any technical advice provided by the SUPPLIER, orally or writing, does not affect the fact that the CUSTOMER will have the responsibility to select products suitable for the use they are intended, to check with the compatibility and suitability of the Products (in particular, through a testing made by himself or a third parties) and to define specific custom techniques for those products.
6.7 The Supplier’s warranty of the products is expressly excluded in case of:
6.7.1 Changes or alterations made by the CUSTOMER to the Products.
6.7.2 Incorrectly use, irregular conservation of products (in particular the use of the product after the expiry date and/or the violation of the instructions received from the SUPPLIER regarding the preservation of products filled with substances provided or not by the CUSTOMER)
6.7.3 Negligence or not caring of products by the CUSTOMER;
6.7.4 Products deterioration or wear.
6.7.5 Complaints made with methods and time-frames non-conforming to art. 7
6.7 The CUSTOMER will inform in a correctly way customers, suppliers or contractors/subcontractors about the conditions and limitations relating to the conservation, deterioration/wear of products.
6.8 Respecting the limits granted by law any other warranty is excluded with reference to what is established in the present GCS.
7. CHECKS AT ARRIVAL - COMPLAINTS
7.1 All products must be examined and checked by the CUSTOMER when the delivery takes place, in order to control the integrity of the packaging and the product. In case of damage in packaging or products the CUSTOMER must immediately notify that to the carrier and to the SUPPLIER.
7.2 The CUSTOMER within 10 (ten) working days, subject to the penalty of forfeiture, from receiving the goods (as provided for in Art. 7.1) should inform the SUPPLIER by writing of any defect or divergence of products that is recognizable to a reasonable control (obvious defects), without prejudice to any claims in respect of carriers. In its absence, the shipment is considered as accepted by the CUSTOMER and the SUPPLIER will no longer be responsible for defects and divergence of the products delivered.
7.3 I If the delivered products are deformed or faulty for reasons not depending to the CUSTOMER, and the defects and divergence are independent by the Article 6.1 ("vices and hidden defects"), the CUSTOMER has to inform the SUPPLIER within three (3) working days after the discovery of the defect or non-compliance. Contrary, the SUPPLIER does not respond of vices and hidden defects.
7.4 In any case the SUPPLIER accepts no complaints and is not responsible of defects or divergence of the products recognizable or discovered after more than twelve (12) months from the date of Delivery.
7.5 The CUSTOMER as soon as the defect or divergence are discovered has to take all the necessary measures including any immediate interruption of production, in order to limit harmful consequences that could be caused by these defects.
7.6 If the CUSTOMER detects a divergence or a defect in the product, he has to activate the procedure for return goods explained in the Art. 9.
7.7 It is clear that any variation found in the products with respect to the drawings, brochures, images published on the web sites and advertising (which constitute a mere reference) is not considered a defect or because we consider truthful only the data sheets of the Site.
7.8 The SUPPLIER will repair or replace the defective Product within the terms necessary for the production and delivery of the new products. If the SUPPLIER does not intend or is not able to repair or replace the product, or if, for any reason, the repair or replacement is unsuccessful, the CUSTOMER can end the contract or cancel the order. A product in considered not repaired or replaced only after trying two times to repair or replace it.
The possible right of the CUSTOMER to be refund for the damages will be subject to the terms referred to in Article 6. The CUSTOMER will retain the defective products that have been replaced at the disposal of the SUPPLIER or he will return to the SUPPLIER after proper authorization, in good condition, and as far as possible in their original packaging. The costs associated with the transport of these products as well as the transport of the products delivered as replacement or repaired Products will be borne by the SUPPLIER.
The CUSTOMER can destroy all the defective products by the consent and at the expense of the SUPPLIER, in accordance with the applicable laws and regulatory requirements for waste disposal. As destroy certification the Consumer should have a document.
7.9 The remedies provided in Articles 7 and 8.2 are the only and exclusive remedies available to the CUSTOMER and the only and exclusive responsibility for the breach of warranty of the SUPPLIER referred to in Article 6.1.
7.10 Sending a document other than those available in the Website (certificate of conformity, technical drawers, etc.) to the CUSTOMER will take at least 30 days from the date on which the CUSTOMER has requested it.
8.1 The liability of the SUPPLIER is not excluded if:
8.1.1 Malice or negligence;
8.1.2 Damages or death caused by malice or negligence of the SUPPLIER;
8.2 Except as provided in Articles 8.1 and8.3, and respecting the law limits for the Article 7.3, the liability of the SUPPLIER (arising out of or connected to the present conditions and to any order, whether it be a contractual or non-contractual to law or to any other title, for any reason, and/or resulting from the violation, omission or delayed implementation of any debt borne by the SUPPLIER within the meaning of the conditions or the order and/or any defect in the products) is limited to the price of the products that gave rise to that liability.
8.3 Within the limits of what is established by Article 7.1, the SUPPLIER is not in any way be liable to the CUSTOMER under contractual or non-contractual liability for any damages including, by way of example and not exhaustive:
8.3.1 Loss of components and costs of production of finished products, semi-finished or intermediates of the CUSTOMER
8.3.2 Costs incurred by the CUSTOMER to obtain substitute products;
8.3.4 Devaluation of goodwill;
8.3.5 Damage to reputation;
8.3.6 Third part claims against the CUSTOMER or other compensation or sums payable by the CUSTOMER to its customers;
8.3.7 Incidental or consequential damages caused or arising from responsibility within the meaning of Article 7.2.
8.3.8 . Damage and liability for defective product requested by consumers and final buyers. In this case the CUSTOMER is the only responsible for compliance with current regulations and with the marketing of finished products that incorporate semi-finished products.
8.4 The CUSTOMER absolve the Provider from all costs, expenses, allowances, damages, whether direct, indirect and all consequential damages, which include as damages, the loss of profit, the devaluation of goodwill, damage, claims, demands, legal and procedural costs and judgements caused by the violations of the GCS.
9. RETURNED GOODS
9.1 To make a goods return it is necessary to request by sending from your account page the permission within 10 (ten) working days of the order:
Login with your account and go to the section "My Orders"
Select the order you want to ask for the return and click on "View order"
Check that the all information are correct and click at the top right on "Request Refund"
Fill in the form that appears by specifying in notes for which the articles of the order you are requesting the return and choose if you prefer between a refundable return, change the article or the creation of a credit note to use for future purchases.
9.2 As alternative, you can send the request, always within 10 (ten) working directly via e-mail to the address firstname.lastname@example.org indicating the order number (provided in your order confirmation email), name and surname you used to place the Order.
9.3 After that Premi S.p.A. send to the CUSTOMER a written confirmation, containing the Return Authorisation Number (R.A.N.). The return must be made using the waybill attached to the e-mail; you have also to indicate the Return Authorisation Number (R.A. N.) outside of the box
9.4 By carrying out the return of the defective products or the exchange of goods with an equal or greater value, the return shipment are FREE (initially charged to the CUSTOMER, after refunded)
9.5 By carrying out the exchange of non-defective goods or exchanging lower value products, the delivery will be charged to the Customer.
9.6 The return of the items must be send to the headquarters in Gessate (MI), Via Gera, 16/18, within 10 days of receipt of the R.A.N.
9.7 Any request for return or replacement of pumps will not be accepted, as these products are calibrated according to the size of the bottle sold jointly.
9.8 No request for return or replacement of goods will be accepted in case of request for additional documents other than those available on the website before the deadline set out in art. 7.10.
10. FORCE MAJEURE
10.1 In each case the SUPPLIER has the right to cancel the order, to suspend its enforcement or postpone the delivery data. the CUSTOMER can’t for this reason ask any compensation, delete or outsource the execution of the Order. In particular, reasons of majeure force are all those caused by assimilated events outside the control and extraneous to the SUPPLIER that objectively prevent also to him the delivery of the goods.
Example of majeure force: technical failure, suspension of the provision of electricity, water, natural gas or other fuels, strikes, at the production plant - also to third parties - where products are actually manufactured, sudden deficiencies and unavailability of raw materials. In addition, strikes in the transport sector, delays in the arrival of ships, airplanes and means of transport of any kind, in any case due to it; revolts, riots, wars or revolutions that have occurred or are taking place in the countries of production of goods in order to reach the place of delivery.
10.2 If an event of majeure force takes place, the SUPPLIER will promptly inform the CUSTOMER and will try to find a solution with him.
In case the event of majeure force makes impossible or commercially and economically disadvantageous for more than 6 (six) months, the SUPPLIER has the right to resolve the contract, and nothing is due to the CUSTOMER.
11.1 For all the duration of the collaboration with the Supplier but also for a period of minimum 5 years, the CUSTOMER has to keep in strictly confidential all the information provided orally, write or in another form during the negotiation and when an order was made.
11.2 The obligation of confidentiality is extend to public information or information become for some causes by a breach of confidentiality obligations to from the CUSTOMER, which were legitimately disclosed by a third party, and to the extent that the CUSTOMER is obliged to disclose such information pursuant to a provision of law or an administrative or judicial order.
12. INTELLECTUAL PROPERTY
12.1 The SUPPLIER does not transfer to the CUSTOMER any know-how or right of intellectual property for the custom products.
12.2 The CUSTOMER will not involve the SUPPLIER in losses, costs, claims and expenses, including legal expenses, relating to questions, methods and any disputes which may be submitted by third parties about violations of their right (in particular, by way of unfair competition and violation of intellectual property rights) in relation to (i) manufactured products from the SUPPLIER and in accordance with the specific personalisation indicated by the CUSTOMER.
12.3 Unless the CUSTOMER has banned by writing, regardless of the existence of any intellectual property rights reserved by the CUSTOMER and on finished products incorporating the Products and/or relating to part of the components of these finished products, the SUPPLIER will be able to expose in all public events such as, by way of example, exhibitions, events, exhibitions, and/or commercial documents and advertising, the finished products of the CUSTOMER incorporating Products and/or products manufactured for the CUSTOMER. The exhibition of finished products of the CUSTOMER will be strictly functional and intended to be used for the promotion of the SUPPLIER's products.
13. TREATMENT OF PERSONAL DATA
Please refer to what is provided in the Website Privacy Notice.
14. APPLICABLE LAW - JURISDICTION
14.1 The GCS and the contracts respecting the GCS are governed and construed in accordance with Italian law.
14.2 Any dispute relating to the application, execution, interpretation and breach of contracts of purchase stipulated through the site is subject to the jurisdiction of the Court where the consumer has domicile.
These Sales terms and conditions were updated on 30/09/2019.
For the purposes of Art. 1341-1342 Civil Code the CUSTOMER expressly and separately agrees with all the clauses contained in the articles: 3, 5, 6, 7, 8, 9 and 14.