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GENERAL CONDITIONS OF SALE

The offer and sale of the Products on www.hypno-casa.it (hereinafter also the site) are governed by the following General Conditions of Sale. The Products offered on the Site are sold by Italscent Srl (tax code and VAT number 01171160110), with registered office in 46010 Campitello di Marcaria (Mantova) Piazza Garibaldi, 19/B email: info@italscent.com PEC: italscent@legalmail.it . These general conditions of sale are applicable to all sales of the Products of Italscent Srl (hereinafter also the Seller) concluded remotely through the Site. These general conditions of remote sale must be carefully examined by the Customer (meaning by this the subject identified by the data entered when completing the online purchase form) before completing the remote purchase procedure for the selected service. These general conditions of sale are to be considered applicable and in force as long as they are published on the Site. Any changes to these general conditions of sale will be published on the Site and the new general conditions of sale will be applicable only to orders placed starting from the day of their publication.

1. Object

1.1. The Contract has as its object the sale by Italscent Srl to the Customer, who purchases remotely, via telematic tools, tangible movable property (hereinafter Products) indicated and offered for sale on the Site. 1.2. The Products referred to in the previous point are illustrated on the Site within each product sheet. The images, colors and textures of the Products offered for sale reproduce the real characteristics of the Products as closely as possible. However, these images may not correspond perfectly to reality, also for technical reasons. Consequently, Italscent Srl cannot be held responsible for any inadequacy of the images of the Products represented on the Site if this is solely due to technical regions.
1.3. Without prejudice to the mandatory provisions of the law, if the purchased Product is destined for markets in countries outside the European Union, it will be the Customer’s responsibility to communicate in writing to Italscent Srl all the regulations applicable to the Product in the country of destination, including the technical specifications, including related to product safety, and customs and import regulations. The Customer assumes exclusive responsibility for any non-compliance of the Product with the aforementioned regulations.

2. Conclusion of the contract

2.1. The presentation of the Products on the Site constitutes an invitation to offer.
2.2. The order can be made through the Site, selecting the chosen service and following the steps and instructions specified on the Site and which are summarized here: (i) choice of Product/s and insertion in the shopping cart; (ii) completion of the online purchase form in all its parts, with the insertion of any promotional codes (iii) acceptance of the form, the General Contract Conditions and, if the user is not already registered, having read the ‘privacy policy by clicking on each of the relevant flags, (iv) pay and proceed with the order by choosing the delivery and payment method by clicking on the relevant flag, (v) completing the purchase procedure.
2.3. The order can only be sent using the Website and following the procedure indicated above. The order acquired in this way will be archived in the Seller’s order custody database for the period of time established by current legislation. The order will then be considered a contractual purchase offer.
2.4. Upon receipt of the order, the Seller will send the Customer an email containing the summary of the order with the particular and general conditions, information about the products ordered, details of the price of each product (VAT included), the means of delivery and of payment chosen, any transport costs, the methods and indicative times of delivery of the product itself, the indication of the right of withdrawal and the shipping address to which the goods will be sent. The Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to Italscent Srl at the addresses indicated above. This email does not constitute acceptance of the Customer’s purchase proposal, but only constitutes confirmation by Italscent Srl that it has received the order.
2.5. The sales contract with Italscent Srl will be concluded only with the sending of the acceptance of the purchase proposal and/or the shipment of the Products ordered by the Seller. Italscent Srl reserves the right to refuse, for organizational reasons and/or if the Customer does not give sufficient guarantees of solvency, the purchase proposal sent within 5 days following receipt of the Order. In any case, after 5 days without Italscent Srl having sent the acceptance, the purchase proposal is considered accepted.
2.6. In case of refusal by Italscent Srl to accept the Customer’s purchase proposal, the Seller will return to the Customer any sum paid by the latter, without interest and further charges. The refusal of the proposal, in particular, will not imply any obligation for compensation to be paid by Italscent Srl in favor of the Customer. 2.7. In order to purchase the Products through the Site, the Customer is aware that he must have full capacity to act and stipulate a contract for the purchase of the Products. Italscent Srl cannot under any circumstances be required to verify the ability of visitors and Buyers of the Site to act.

3. Prices

3.1. The sales prices displayed on the Site are to be understood as inclusive of V.A.T. and refer only to products sold online. The price applied will be the one in force at the time of the order and indicated in the order confirmation e-mail, without considering price increases or decreases, also for promotions, which may have occurred subsequently.
3.2. Shipping costs are charged to the Customer according to the policy in force, unless otherwise indicated in the order form. They are not included in the sale price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
3.3. The issuance of the invoice to the Customer without a VAT number is not mandatory, if it is not requested by the Customer no later than the moment of carrying out the operation, as indicated in the art. 22 of the Presidential Decree of 26/10/1972 n. 633.

4. Payment Methods

4.1. Each payment by the Customer can only be made by means of one of the methods indicated on the Site (link).
4.2. Credit cards issued by banking institutions present in Italy and indicated on the Site are accepted. The total amount of the order is charged to the credit card when the order is placed. If the order is not accepted or if the unavailability of a Product is detected after the order has been registered and the card has been charged, the Seller will take the necessary measures with the payment operator to reverse the transaction relating to the goods not accepted or not available. In order to prevent fraud on the Internet, the payment made through the Site is managed online through the tools offered by the companies that manage credit cards, which, together with their respective associated companies, are responsible for the storage and automatic processing in a protected environment of the information relating to each order, including the details of any credit card used on the site. For payment purposes, the Customer must confirm the details of the credit card holder used for the purchase through the Website; then communicate on the site itself the 16-digit number and the expiry date, as well as the relative security code. The conclusion of the order procedure will be considered to have effectively taken place, following the completion of the payment transactions, once the Customer will be redirected to the page of the Site bearing the confirmation of acceptance of the order.
In the event that the debit proves impossible due to incorrect data entry by the Customer or for other technical causes which will be communicated to the Customer by the payment service administrator, the Customer will not be able to complete the purchase procedure; if the Customer decides to abandon the payment page according to the methods indicated by the service provider, he will be redirected to a page of the Site which will display the impossibility of completing the order.

5. Availability of Products

5.1. The availability of the Products refers to the moment in which the Customer consults the Products on the site; this must in any case be considered purely indicative because, due to the simultaneous presence of several users on the Site, the Products could be sold to others before the order is confirmed. In any case, Italscent Srl cannot be held liable in the event of unavailability of one or more Products.
5.2. Italscent Srl will not be in any way responsible for the temporary or definitive unavailability of one or more Products. The Site highlights the cases in which limitations apply to the purchase of individual Products. In the event of unavailability, even temporary, of the requested products, the Seller undertakes not to charge the Customer the corresponding price in the event of payment by credit card. If the order has already been sent and the price has already been paid for the Products which are no longer available, the Seller will reimburse the Customer for the full amount paid for those items.

6. Methods of delivery

6.1. The Products purchased will be delivered by delivery to the Customer. The Seller will deliver the Products purchased by the Customer by express courier to the address indicated by the Customer at the time of the order, as confirmed in the summary email referred to in point 2.4. The shipped goods will be checked and delivered to the shipper intact and without defects. Italscent Srl cannot be held responsible in any way for any delays or damages attributable to the shipper’s fault. Any delays for reasons not attributable to Italscent Srl for which it is not possible to deliver the Products in the ways and times indicated, Italscent Srl will notify the Customer, communicating, where possible, new times and methods. The Customer, by concluding the Contract, accepts the possibility of such delays. If the delay in delivery is more than 90 days than indicated, the Customer will have the right to terminate the Contract.
6.2. Orders will be processed as soon as they are received. The Seller undertakes to ship the Products as quickly as possible and in any case within 10 working days from the date of conclusion of the contract.
6.3. The Customer can check the status of the orders thanks to the “Order Tracking” function provided by the courier chosen for delivery and available in the Reserved Area. This verification can be carried out by the Customer only after the shipment of the Products.
6.4. The Customer is required to verify, upon delivery of the Product, that the packaging and/or the packaging and/or the Products are intact, not damaged or altered. Any damage to the packaging or packaging of the Products must be immediately detected by the Customer through acceptance of the package subject to the courier’s proof of delivery, and must also be communicated within 48 hours of receipt to Italscent Srl, by registered mail A/R or equivalent technology. Otherwise, and in particular, once the courier’s document has been signed without any objection, the package will be considered received without any reservations. The Customer is required to read the instructions for correct use of the Products as reported on the labels of the Products themselves and on the Site. In particular, the Customer is required to keep the Products in a cool and dry environment, away from any sources of heat or excessive exposure to light sources. The Customer is aware of the flammability of the Products. The Customer is also required to read the list of ingredients of the Products, as they contain potential allergenic substances. The Customer is required to observe the special precautions provided by the labeling for the correct use of the Products.
6.5. If the impossibility of delivery is due to a fault attributable to the Customer, Italscent Srl reserves the right to charge the shipping costs for the return to the Customer.

7. Liability

7.1. Italscent Srl assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances (such as pandemics, health emergencies, earthquakes, national strikes, natural disasters) even when dependent on malfunctions and disservices of the Internet, in the event that it is unable to execute the order within the time frame established by the contract.
7.2. Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to the same, and unless they depend on an act or omission by Italscent Srl, since the Customer is only entitled to the return integral of the price paid and any accessory charges incurred.

8. Customer’s right of withdrawal (right of return of goods)

8.1. The Customer has the right to withdraw from the contract, without giving reasons, within 14 calendar days.
8.2. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods. If multiple Products have been ordered in a single order and delivered separately, the withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and the designated Customer, acquires physical possession of the last good.
8.3. To exercise the right of withdrawal, the Customer is required to inform the Seller of his decision to withdraw from this contract: ii) an explicit declaration to be sent to the address of Italscent Srl at the Operational Headquarters located in Via P.V. Marone, 8 – 46010 Marcaria (MN) or an email to: info@italscent.com. To this end, the Customer can use the model withdrawal form found at the following link. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
8.4. The right of withdrawal is excluded in relation to the hypotheses expressly contemplated by the art. 59 Legislative Decree 235/2005 as last amended by Legislative Decree 21/2014, and in particular, for what is most relevant here, the following are excluded: i) the supply of personalized goods; ii) to the supply of sealed goods which do not lend themselves to being returned for reasons of hygiene or related to health protection and which have been opened after delivery. Therefore, considering the nature of the Products sold on the Site, the Customer loses the right to withdraw if, after delivery of the Products, he opens the package in which the Product is sealed.

9. Effects of withdrawal

9.1. If the Customer withdraws from the contract, all payments made to the Seller will be refunded, including any delivery costs (with the exception of additional costs deriving from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any case no later than 14 days from the day on which the Customer informed the Seller of his decision to withdraw from the contract. These refunds, unless otherwise agreed, will be made using the same means of payment used by the Customer for the initial transaction; in any case, the Customer will not have to incur any costs as a result of such reimbursement. The refund may be suspended until receipt of the Products or until the Customer demonstrates that he has returned the Products, whichever is earlier.
9.2. If the Customer exercises the right of withdrawal, he will be required to return the Products that have already been delivered to Italscent Srl – Via P.V. Marone, 8 – 46010 Marcaria (MN), without undue delay and in any case within 14 (fourteen) days from the date on which it communicated to the Seller the decision to withdraw from the contract. The deadline is met if the Customer sends back the goods before the 14-day period has expired. The costs of returning the Products are charged to the Customer.
9.3. The Customer is in any case responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning.

10. Legal Guarantee

10.1. Pursuant to art. 130 Legislative Decree 206/2005, the Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the goods. In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or the termination of the contract in accordance with the provisions of the aforementioned decree. The Customer can ask the Seller, at his choice, to repair the goods or to replace them, free of charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
10.2. Pursuant to art. 133 of the aforementioned decree, the Seller is liable pursuant to art. 130 when the lack of conformity occurs within 2 (two) years of delivery of the goods. The action aimed at asserting the defects not fraudulently concealed by the Seller is prescribed, in any case, within the term of 26 (twenty-six) months from the delivery of the goods.
10.3. Unless otherwise agreed in writing with the Seller, the Customer acknowledges that apart from the legal guarantee, he will not be able to assert any other form of guarantee against the Seller.

11. Applicable law

11.1. These general conditions of sale are governed by Italian law.

12. Dispute Resolution

12.1. In the event of disputes concerning these general conditions of sale, the Customer is informed of the possibility of using the ODR platform for online dispute resolution for consumers pursuant to EU Regulation 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU directive 2013/11. This platform is active at the following web address
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT
12.2. In any case, without prejudice to the Customer’s right to take ordinary steps for the resolution of disputes deriving from the interpretation, validity and/or execution of these general conditions of sale and in this case the mandatory territorial jurisdiction will be that of the local judge of residence or domicile of the consumer.