CONTRACT - GENERAL CONDITION of sale
CONTRACT – GENERAL CONDITION OF SALE
Frankincense Myrrh Trade is a trade mark name of “ VENDITA E COMMERCIO INCENSO E MIRRA ” of Nicolini Manuela , its legal head-office is located in Via Elsa Morante n°49 – Cap 42010 Rio Saliceto (RE) Italy (EU ) – VAT: 01900040351 – Contacts: PHONE +39 3355916466 – WhatsApp number +39327 0377946 Costumer Service: E-mail: email@example.com or by WhastApp 0039 327 0377946.
“VENDITA E COMMERCIO INCENSO E MIRRA” is the owner of the 2 websites frankincensemyrrhtrade.com and incensoemirra.com and sells its products in compliance with the below specified terms and conditions, in accordance with D.Lgs 206/05 of the Italian Consumer Code (Codice del Consumo Italiano – EU).
1.1 These General Conditions of Sale have as their object the sale of products made online through the
e-commerce service on the 2 websites www.frankincensemyrrhtrade.com and www.incensoemirra.com . The main features and prices of the same (including any additional costs) are clearly indicated directly on the site and during the finalization of the purchase procedure.
1.2 We ship products to Italy, Europe and around the world. The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure. For shipping requests to countries not included in the order format, please contact the assistance office.
2.1 The products are sold directly by “VENDITA E COMMERCIO INCENSO E MIRRA”, individual company of Nicolini Manuela which will into SRL (confer limited liability company ) and all that will be conferred in the SRL, with registered and operational headquarters in Italy, address: via Elsa Morante, 49, Rio Saliceto Postal Code 42010 in the Province of Reggio Emilia, Italy. Registration number in the Reggio Emilia CHAMBER Register Rea RE-245471 – VAT no. 01900040351.
For any request for information, you can contact the e-Commerce assistance department: by email at the following address: info @ frankincensemyrrhtrade.com and by phone at the following numbers: +39 335 5916466 Phone / Whats App, Only WhatsApp +39 327 0377946 .
2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.frankincensemyrrhtrade.com and www.incensoemirra.com and do not, however, regulate the supply of services or sale of products by parties differente from the Seller “VENDITA E COMMERCIO INCENSO E MIRRA “ that are present on the websites www.frankincensemyrrhtrade.com and www.incensoemirra.com through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties different from the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale. While placing the order, check that your data and all details are correct to avoid any problem about the purchase and the shipping, if the data are not correct we will not assume responsibility for any inconvenience and or added costs.
2.4 The product offers on the website www.frankincensemyrrhtrade.com and www.incensoemirra.com are aimed at adult customers.
If you are under the age of 18, you must first have the consent of one of your parents or a legal guardian in order to purchase on the websites www.frankincensemyrrhtrade.com and www.incensoemirra.com Remember: this always applies, not only for our websites, but for all web-sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear to you, always ask your parents or legal guardian for help. By placing an order through this website, you warrant and assure us that you are over the age of 18 and have the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from entering false and / or invented and / or fictional names in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.6 Furthermore, by accepting these Conditions of Sale, the Seller “VENDITA E COMMERCIO INCENSO E MIRRA “ is exempt from any liability deriving from the issue of incorrect tax documents due to errors in the data provided at the time of placing the online order, the buyer being solely responsible for their correct insertion data.
While placing the order, check that your data and all details are correct to avoid any problem about the purchase and the shipping, if the data are not correct we will not assume responsibility for any inconvenience and or added costs.
3. SELLING THROUGH AN ELECTRONIC E-COMMERCE SERVICE
3.1 By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the buyer as a Customer, and www.frankincensemyrrhtrade.com and www.incensoemirra.com by VENDITA E COMMERCIO INCENSO E MIRRA, as the Seller, as part of an e- commerce service organized by the Seller which, for this purpose, uses the remote communication technology known as the Internet.
3.2 To conclude the purchase contract for one or more Products, you must fill out the order form in electronic format (henceforth Order) and send it to the Seller via the Internet following the relevant instructions.
3.3 The Order contains: a reference to these General Conditions of Sale; information and images of each Product and its price; the means of payment that can be used; the methods of delivery of the Products purchased and the related shipping and delivery costs; a reference to the conditions for exercising the right of withdrawal; the methods and times for returning the purchased products;
3.4 the Seller VENDITA E COMMERCIO INCENSO E MIRRA through its web sites: www.frankincensemyrrhtrade.com and www.incensoemirra.com constantly adopts measures to ensure that the photographs shown on the web-sites are faithful reproductions of the original products, including the adoption of any technological solution possible to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution characteristics of the computer used by the purchaser. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
Please note that: should be considered that some products such as natural resins of incense and myrrh and essential oils and handicraft products, being natural or handcrafted products by nature, may vary in shapes and colors compared to those shown in the photograph, this is due precisely to their characteristic of natural and handcrafted product, and this makes them an added value and a value of authenticity compared to products processed in series with the industrial method and for the mass market.
3.5 Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives, through the Internet, the Order Form, after verifying the correctness of the data relating to your order.
3.7 The language available to conclude the contract with the Seller is Italian and English and the applicable law is Italian.
3.8 Once the contract is concluded, and the relative payment is concluded for the full amount indicated for the order in question including shipping costs and any changes if requested, the Seller will take charge of the order for its fulfillment.
3.9 PURCHASE OF CUSTOMIZED PRODUCTS: The Customer can customize, where the service is expressly provided for, the chosen item and then the times for production and delivery will be indicated.
4. FULFILLMENT OF THE ORDER. 4.1 By submitting the Order via the Internet, you unconditionally accept with the commitment to observe these General Conditions of Sale in relations with the Seller.
4.2 Once the contract is concluded, the Seller will send, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 Without prejudice to the possibility for the Seller, before sending the Order Confirmation, to request further information by e-mail or by phone indicated by the buyer, with reference to the Order sent over the Internet or by direct contact.
4.4 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of definitive unavailability of the products. In these cases, it will be communicated by e-mail that the contract cannot be concluded and that the Seller has not followed up the Order, specifying the reasons. In this case, the sum previously committed on the Customer’s means of payment will be released. Furthermore, it cannot be ruled out that a different price from the actual one may be indicated by mistake on the site. In any case, we will check the correctness of product prices during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, the buyer will be contacted to check whether he also wishes to purchase the product at the correct price. Otherwise, the order cannot be concluded. If the correct price of a product is lower than that indicated on the site, only the correct lower price will be charged and we will still ship the product to you.
4.5 If the products presented on the website are no longer available or on sale, after sending the Order, it will be the Seller’s responsibility to communicate, promptly and in any case within fifteen (15) working days from the day following the one in which the order is sent to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed on the Customer’s means of payment will be released.
4.6 The Seller undertakes to deliver the products ordered to the Customer within 4 working days and in any case no later than 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order, and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
FOR WHOLESALE AND BULK REQUESTS, please contact our Sales Office Departiment by email at the following address: m.nicolini @ frankincensemyrrhtrade.com
by phone number: +39 335 5916466 and WhatsApp number: +39 327 0377946 .
4.8 “VENDITA E COMMERCIO INCENSO E MIRRA” through its 2 websites www.frankincensemyrrhtrade.com and www.incensoemirra.com reserves the right to refuse orders from a customer with whom a dispute and / or dispute relating to a previous order is in progress . This applies equally to all cases in which Vendita e Commercio Incenso e Mirra (www.frankincensemyrrhtrade.com and www.incensoemirra.com) deems the customer unsuitable, including, by way of example, the case of previous violations of the conditions of contract for online purchase on our web-site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
5- SALES PRICES
5.1 Unless otherwise indicated in writing, all Product prices and shipping and delivery costs indicated on the website and in the Order are to be considered Italian VAT included and expressed in Euros. The validity of the prices indicated is always and only the one indicated by the website at the time that the Order is sent over the Internet. Product prices and shipping and delivery costs may vary without prior notice. Therefore, check the final sale price before submitting the relevant Order.
5.2 All Products are shipped directly from Italy, unless otherwise indicated in writing. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs associated with customs duties and related taxes, which cannot be calculated in advance, if and if the shipment can be made in European countries and in non-EU countries or in countries where current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be communicated directly by the e-commerce department with relative order review. We are not in any case and for no reason responsible for duties and added costs and without our knowledge that are applied by the law in force in the country where the goods will be shipped.
5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.
5.4 Prices on www.frankincensemyrrhtrade.com and www.incensoemirra.com are listed in Euros (€) and the Italian VAT is included or detailed, where applicable, and additional fees may be levied by the delivery country. Shipping costs are not included and are charged to customers, except for special offers and/or discount coupons. Shipping costs are calculated in addition to the price of the selected item/s and are always stated at checkout before confirming the purchase. To see the shipping costs, depending on weight and destination, go to the page order item or format order item or contact our costumer service.
5.5 The price list is expressed in Euro and is indicated in a clear and transparent way before order confirmation.
The company ” Vendita e Commercio Incenso e Mirra ” , trough its 2 websites www.frankincensemyrrhtrade.com and www.incensoemirra.com , reserves the right to change product prices at any time, but the company is always committed to offering a fair and convenient price in line with the features of the products themselves. In the event that wrong prices and/or absurdly low prices are visualized due to technical or manual errors, the Company , trough the 2 websites www.frankincensemyrrhtrade.com and www.incensoemirra.com , reserves the right to cancel the order.
6 – TERMS OF PAYMENT
For the payment of the price of the Producs and the related shipping and delivery costs, you can follow one of the methods indicated in the order form on our website www.frankincensemyrrhtrade.com or www.incensoemirra.com which are summarized below.
6.1 you can pay without problems and in a safely way on our websites with PayPal, POSTEPAY CARD and Bank Transfer.
6.1.1 For online orders on the websites we accept both payments with PayPal, POSTEPAY CARD and Bank Transfer. It is understood that you must be the holder of a valid credit card, or bank account and PayPal account when ordering the Products purchased online and that your name and surname on the method of payment is the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order.
6.1.2 At the time of online purchase, together with the Order Confirmation, the bank reference will only make the commitment of the amount relating to the Order from the present availability of your credit card. The amount will actually be charged to your credit card only upon confirmation of the purchased products.
6.1.3 If, once you have received the package with the order, for any reason you wish to make use of the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the credit card, or Pay Pal account, or your bank account, used at the time of purchase. In this regard, read THE RIGHT OF WITHDRAWAL SECTION.
6.2 Bank Transfer: It is possible to pay the order quickly and securely and with low fee, using your home banking, our IBAN Bank Account, to send the amount, it is indicated in the order and the amount will be charged directly to our bank account.
6.2.1 www.frankincensemyrrhtrade.com or www.incensoemirra.com give the possibility to make payments using the payment technology platform as indicated directly on the website by inserting your credit card in a completely secure way, or using Paypal for Italy and countries of the world. and the POSTEPAY CARD payment method for Italy only.
6.2.2 Payment by PayPal: a payment platform used to pay everywhere in the world. We suggest to our clients who would like to pay by PayPal to ask us in advance the availability of the product, so that the product will be reserved in advance for you. In case of payment with PayPal of products shown on the website but not available, at the moment of the refund price product, the Pay Pal fees will not be refund. For payment with credit card and bank transfer there are not restrictions.
6.3 At no time during the purchase process www.frankincensemyrrhtrade.com and or www.incensoemirra.com by Vendita e Commercio Incenso e Mirra is able to know the information relating to the credit card (for example, the credit card number or the date of its expiration), transmitted via a connection protected by an encrypted protocol directly to the site of the subject that manages the electronic payment (bank).
No computer archive of “VENDITA E COMMERCIO INCENSO E MIRRA” will keep such data.
6.3.1. In no case can “VENDITA E COMMERCIO INCENSO E MIRRA” be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties, as everything is managed by third parties to the Seller and authorized to do so.
7. SHIPPING AND DELIVERY OF THE PRODUCTS
7.1 Each shipment contains:
the products ordered;
the relative transport document / accompanying invoice;
any accompanying documentation required based on the country of dispatch;
any information and marketing material;
7.2 The delivery of the Products purchased through the Seller’s website takes place through a courier service
7.3 Customer home delivery
7.3.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. CONSULT THE SHIPPING SECTION for additional information on costs, times and methods of shipping and countries served.
7.3.2 Upon receipt of the goods at your home, you are asked to check the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the courier must detect and note exactly the same and reject the delivery. Otherwise the possibility to assert the rights in this regard will lapse.
When you place an order on www.frankincensemyrrhtrade.com and www.incensoemirra.com , you can choose different shipping methods. Once your order leaves our warehouse, you receive an email with a link to track your shipment, or you can take contact directly with our customer services indicated on our websites.
If you don’t receive any information about the shipment or if you don’t receive the parcel within the expected delivery time, please contact us at + 39 327 0377946 or at firstname.lastname@example.org www.frankincensemyrrhtrade.com
SHIPPING COSTS DO NOT INCLUDE CUSTOMS FEES
Customs clearance costs ARE NOT INCLUDED IN THE SHIPPING COSTS. The receiver is responsible for the payment of possible customs fees that depend on local customs. The receiver will be informed about the customs fee by the local customs upon the parcel arrival.
8- RIGHT OF WITHDRAWAL
8.1 Only if the Customer who enters into the contract is a Consumer (by this definition meaning any natural person who acts for purposes unrelated to any business or professional activity carried out), he/she will have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. The deadline is considered respected if the Customer sends back the goods before the expiry of the 14-day period. We remind you that, as required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised if the products that are purchased have been customized upon explicit request at the time of placing the Order.
8.2 To exercise the right of withdrawal, within the term of 14 working days from receipt of the goods, you can submit an explicit declaration of the will to exercise the right of withdrawal, using at your choice one of the following procedure way :
1) – by completing the Withdrawal Form pursuant to Annex I, part B of Legislative Decree 21/2014 ( and referent to Italian Legislative Decree 6 September 2005, n. 206 – Italian Consumer Code Consumer Code, pursuant to art. 7 of the law of 29 July 2003, n. 229
articles 18 – 27 quater, 37 bis and 45 – 67 of legislative decree no. 206 of 6 September 2005) which must be sent to us by registered mail or via Mail-Pec .
2) – Or sending a specific declaration of intention to withdraw from the contract with the seller.
It is understood that it will be your responsibility to prove the correct and timely exercise of the right of withdrawal.
8.3 When completing the withdrawal form, all the information necessary for the return of the Products must be sent.
8.4 The right of withdrawal is subject to the following conditions: the returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
the returned Products must not have been soiled or damaged and used even in part and must not show any signs of use;
Returned Products must be returned packaged exactly as they were shipped, complete with all accessories and labels.
The returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
the returned Products must be delivered to the courier within fourteen (14) working days from the date on which they were received; in the event that the Seller, for the purchase of a specific package of Products, offers the possibility to purchase them at a lower price than what would normally be practiced by purchasing them individually (e.g. 5 × 4, 3 × 2 etc.), the right of withdrawal may also be exercised with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single product. In all other cases (eg bundled sales, prize operations, etc.), the right of withdrawal may be exercised only with the return of all the Products purchased, thus excluding any partial exclusion.
8.5 If the right of withdrawal is exercised in accordance with the previous conditions (paragraph 8.4), the Seller is required to reimburse the sums paid no later than 14 days from the day on which the same was informed of the decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods and or that proof is provided to the Seller that he has already dispatched the goods. The Seller will use the same payment method used for the initial transaction for the re-credit, unless there is an explicit request to use a different method, and the latter is accepted by the Seller.
8.6 In case of withdrawal, all the shipping costs of the return are in charge of the Consumer and you can choice the shipping service.
8.7 ” Vendita e Commercio Incenso e Mirra ” ( www.frankincensemyrrhtrade.com and www.incensoemirra.com ) undertakes to re-bear the initial shipping costs of the Products exclusively in the event of damage to the same due to transport or errors in shipping by the Seller. In these cases, the Seller will send an express courier to collect the Product at the address indicated.
8.8 The Seller, except for the provisions of point 8.7 above and for the cases of product defect return, will deduct from the refund due a lump sum equal to the cost previously incurred for the shipment and home delivery of the purchased products or the shipping costs normally foreseen for the delivery country.
8.9 In the case of exercising the right of withdrawal without complying with the methods indicated above (e.g. beyond the 14 days provided for by law, or without having completed the Return Form, or without sending a specific declaration, or without complying with the conditions set out in point 8.4 above, and etc.) , you will not be entitled to a refund of the sums already paid to the Seller. Within 10 days of sending the email with which the non-acceptance of the return will be communicated, by replying to the email itself, you can choose to have the products back, with shipping paid by the Buyer, in the state in which they were returned to the Seller. Otherwise, the Seller may keep the products, in addition to the sums already paid for their purchase.
8.10 The right of withdrawal cannot be applied in the case of customized products upon explicit request at the time of placing the Order.
9-NON-CONFORMING PRODUCT WARRANTY
9.1 The Seller “VENDITA E COMMERCIO INCENSO E MIRRA” is responsible for any defect in the products offered on its websites www.frankincensemyrrhtrade.com and www.incensoemirra.com, including the non-compliance of the items with the products ordered, pursuant to the provisions of the law Italian.
9.2 THE WARRANTY PERIOD is 2 years from the time of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person who acts on the web-site and contact us for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that the following conditions indicated are respected: the defect occurs within 24 months from the date of delivery of the products; the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this is in contrast with the prevailing mandatory rules of the country of habitual residence of the Customer; after entering the Order Status, the Customer correctly completes the online Return Form.
9.3 In particular, in the event of non-compliance of the product, the Customer who has entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price. You can return the product because defective and non-compliant to the order informing the Seller within 30 days from the day you received the product purchased, by following the return form procedure. If the defective of the product will appears after 30 days, please contact our costumer service.
9.4 All return costs for defective products will be borne by the Seller.
For any information and request, the staff of www.frankincensemyrrhtrade.com and www.incensoemirra.com by ” Vendita e Commercio Incenso e Mirra ” is available and can be contacted at the following email email@example.com or by WhastApp 0039 327 0377946, by phone number 0039 335 5916466, and at following address: via Elsa Morante, 49 Rio Saliceto (RE) CAP 42010 – Italy (EU).
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits set by the website.
13. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
13.1 These ” General Conditions of Sale ” are governed by Italian law (Italy – Europe) and will be interpreted on the basis of it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the ” General Conditions of Sale ” are subject exclusively to Italian law and any disputes relating to and / or consequent to them must be resolved exclusively by the Italian judicial authority, as further specified in this text. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the Court of Reggio Emilia. If the Customer acts instead in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Reggio Emilia Italy.
13.2 ONLINE PLATFORM FOR ALTERNATIVE DISPUTE RESOLUTION (ODR). Given that “ VENDITA E COMMERCIO INCENSO E MIRRA ” with their online 2 websites www.frankincensemyrrhtrade.com and www.incensoemirra.com, is always available to seek an amicable solution to disputes that have arisen, through the direct contacts indicated in point 10), we inform the Customers who, according to article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes (“online dispute resolution”) deriving from the purchase of goods online has been established by the European Commission, accessible at the following link: https: // webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, the Customer can consult the list of ODR bodies, find the link to each of them and start a procedure for online dispute resolution. More information on the platform is available at the following link above indicated.
14- MODIFICATION AND UPDATE
The Seller ” VE NDITA E COMMERCIO INCENSO E MIRRA ” can make changes or amendments to these ” General Conditions of Sale “at any time. Therefore, the Customer will be required to accept the ” General Conditions of Sale ” in force at the time of the relative purchase. The new General Conditions of Sale will be effective from the date of publication on its websites www.frankincensemyrrhtrade.com and www.incensoemirra.com and in relation to purchase orders submitted after that date.
Date September, 06, 2021