Terms & Conditions
General sale conditions
1. General provisions
1.1. These general conditions of sale (hereinafter, "General Conditions") govern all sales of products (hereinafter, "Products" or "Product") concluded remotely on the website www.averyperfumegallery.com (hereafter, the site).
1.2. The distance selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Customer"); 'consumers' means natural persons, greater than18 years, acting for purposes unrelated to their business, business, craft or profession.
1.3. Customers are required to read carefully the General Conditions, available on the Site, in order to get to know them, to memorize them and to reproduce them.
2. Definitions
In these Terms of Sale, in addition to other definitions provided elsewhere in the same, the following terms shall have the following meaning:
“Client” - shall mean the final client who is also a consumer pursuant to art. 3 of Legislative Decree n. 206 of September 6, 2005, that is, “ any natural person who is acting for purposes which are outside his trade, business or profession ”.
“Consumer Code” - shall mean the Legislative Decree n. 206 of September 6, 2005, as subsequently amended and integrated.
“Order Confirmation” - shall mean the e-mail sent by Avery Perfume Gallery to the Client confirming the shipment of the Products ordered and the execution of the Contract; does not constitute acceptance of the Order.
“Contract” - shall mean the contract between the Client and the Vendor for the sale and purchase of Products executed at distance via Internet through the Site, comprising the Order, the relevant Order Confirmation and these Terms and Conditions of Sale which are an integral and essential part of the same contract.
“Order” shall mean an order requesting the purchase of certain Products sent by the Client to the Vendor through the fulfillment of the relevant order form on the Site.
“Products ” - shall mean the Vendor products displayed on the Site, from time to time.
“Order Confirm” - shall mean the e-mail that the Vendor will send automatically to the Client to confirm that the Order has been received.
“Site” - shall mean the website of the Vendor at the url www.averyperfumegallery.com.
“Vendor” - shall mean Intrack s.r.l, with registered office in Milan, Via Durini 24, cap 20122, VAT Number, Tax Code and Milan Companies Register of Milan no. 12944250963, share capital of Euro 10.000,00 fully paid-up.
3. Information relating to the products and their availability
3.1. The information relating to the Products, together with the Product codes and their price, are available on the Website.
3.2. The Products available on the Website represent a selection of items normally available in stores; However, Avery Perfume Gallery does not guarantee the Customer that the Products available on the Website are also present in the stores. The graphic representation of the Products displayed on the Site could be different from reality; the Customer must therefore rely solely on the description of the Product and the characteristics of the same on the Site.
3.3. Avery Perfume Gallery reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Website. The models and colors of the Products described on the Website may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified by an automatic message.
3.4. The Customer can insert in the order module, for each Product, a maximum of pieces corresponding to the number of pieces available on the site at the time of purchase.
4. Price
4.1. The prices of Products are inclusive of VAT. The prices of Products are not inclusive of the shipping costs which may vary depending on the type of delivery, the quantity of Products to be delivered and the relevant volume, weight and destination. The contribution requested by the Vendor for the shipment will be indicated, separately from the price, before that the order form is sent by the Client and shall be paid by the Client together with the price.
4.2. Avery Perfume Gallery constantly checks the accuracy of the prices indicated on the Website; nevertheless, the absence of errors can not be guaranteed. In the event that an error should occur in the indication of the price of a Product, Avery Perfume Gallery will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is found only after accepting the order, Avery Perfume Gallery will offer the customer the opportunity to cancel the order.
5.Contract conclusion
5.1. The Website shows the essential details and the price of each Product. The information on the Site does not constitute an offer by Avery Perfume Gallery.
5.2. Before sending an order module via the Site, the Customer is obliged to carefully read all the instructions provided during the purchase process (including the delivery costs, the conditions for the exercise of the right of withdrawal and the Privacy Policy) as well as these General Conditions.
5.3. To purchase a Product, the Customer must (i) insert the Product selected in the "Shopping Cart" by clicking on the appropriate button, (ii) fill in the order module, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order module to Avery Perfume Gallery through the Website.
5.4. The transmission of the order module constitutes a purchase proposal related to the selected Product, governed by these General Conditions and binding for the Customer (without prejudice to the right of withdrawal). The transmission of the order module by the Customer implies the latter's obligation to pay the price of the Product, or of the Products, ordered.
5.5. Before submitting the order module the customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustively, the Customer has the right to change the quantity of Products he intends to purchase by adding or deleting one or more Products from the "Cart").
5.6. Without prejudice to the use of personal data described in the Privacy Notice, the form order and the Customer data relating to the order may be retained by Avery Perfume Gallery for the period of time established by current legislation.
5.7. After the submission via Internet of the order form, the Vendor will send to the Client, at the e-mail address, a receipt e-mail confirming that the Order has been received and it is in phase of elaboration as well as a summary of the relevant information (the products main characteristics, detailed information on the price, terms of payment, shipping costs and applicable taxes) (the “Order Confirm”). Please note that the Order Confirm does not constitute acceptance of the Order. The Order will be accepted by the Vendor only at the time of Products actual dispatch and sending of the Shipping Confirmation by the Vendor. If the Client does not receive the Order Confirm within 48hours of placing the Order, the same shall contact the Customer Service before re-submitting the same order.
5.8. Within 30 days, Avery Perfume Gallery may, at its discretion, refuse an purchase proposal (in this case no amount will be due by the Customer to Avery Perfume Gallery); the refusal can take place, among other things, the following cases: (i) in case of non-availability of the Products (without prejudice to the provisions of article 3.3); or (ii) in the event that there is an indication, or suspicion, of fraudulent or illegal activities, including the suspicion that purchases are made for commercial purposes; (iii) in case of non-compliance by the Customer with its obligations deriving from a previous contract with Avery Perfume Gallery. The refusal by Avery Perfume Gallery of the purchase proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order form.
5.9. Thereafter and in any case at the time of the Products actual dispatch, the Vendor will send to the Client by e-mail the Order Confirmation. The Contract will be executed with the Order Confirmation.
5.10. In case of non-availability of one or more Products ordered, the Customer will be notified by e-mail. In case of partial acceptance, the customer service will cancel the order (automatically canceling the authorized amount on the card) and agree with the customer how to create a new order: Option 1: the customer will proceed to create a new order independently using the normal purchase procedure provided by the site. Option 2: the customer service prepares a new order and sends the customer a link, which allows the customer (without having to go through the site) to finalize the new order.
5.11. The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information on delivery costs, the indication of a shipping address.
5.12. The risk of loss or damage to the Products is transferred to the Customer when he /she (or a third party designated by the Customer and different from the carrier) physically gets the Product.
6.Method of payment
6.1. The payment shall be made by the Client solely through one of the payment methods indicated in the order form, at Client election.
6.2. The Customer can make the payment of the fee related to the Products contained in the order form and shipping costs by
PayPal
Credit Card, Bancomat, Prepaid Card and PostePay
iDeal, Bank deposit, Bancontact, Shop Pay, Apple Pay, Google Pay
6.3. In case of payment by bank transfer, the order will be sent after confirmation of the credit to the bank account of Intrack S.r.l.
The necessary details for the transfer will be sent with the order confirmation, to the email indicated by the client at the moment of the registration on Avery Perfume Gallery website.
In the reason section of the bank transfer it has to be specified the order number, the name and surname of the customer. If the bank transfer will not be made within 7 working days from the purchase, the order will be cancelled.
7. Receipt and invoice
7.1. For each order Avery Perfume Gallery will issue a special receipt that will be sent to the customer by e-mail or sent together with the products in compliance with current legislation. The receipt is issued on the basis of the information provided by the Customer when ordering. Changes to the invoice are not allowed after its issue.
7.2. Only upon the Client request to be made in the relevant order form, Avery Perfume Gallery will issue the invoice and send it to the Client by e-mail or by ordinary mail in compliance with applicable law. The invoice will be issued on the basis of the information provided by the Client with the Order. Once issued, the invoice cannot be modified.
8. Countries of delivery
8.1. The purchasing of Products via the Site is currently possible if the delivery is to take place in the countries indicated, it being understood that the Vendor reserves the right to expand or restrict such list of countries.
8.2. Avery Perfume Gallery makes the delivery of the Products in the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK. The Products will be delivered to the address indicated by the Customer in the order form. We do not deliver to PO boxes.
8.3. It is not possible for the Client to provide a shipping address outside the list of countries displayed and, therefore, the relevant orders will not be accepted by the Vendor.
8.4. For shipments to EXTRA EU countries please contact customer service at info@averyperfumegallery.com
9. Shipping and delivery
9.1. The Products will be delivered to the address indicated by the Customer in the order form. We do not deliver to PO boxes.
9.2. Shipping costs shall be borne by the Client and are displayed separately in the relevant order form.
9.3. The products purchased will be shipped by courier selected by Avery Perfume Gallery (hereinafter "Courier") on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays). Shippies will be made within 7 working days from the date of the Order and on receipt of the payment (except in cases of force majeure events or unforeseeable circumstances). Deliveries shall be made, in any case, within 30 days of the date of the Order Confirmation.
9.4. Shipping to EUROPE (EU): for orders less than 50,00 € the shipping cost is 15,00 €, for orders more than 50,00 € shipping is free.
9.5. Shipping to EXTRA UE countries: shipping costs with any customs costs are charged to the customer and are to be calculated for each order. These costs vary according to the country of destination, weight and value of the product. To know the exact amount, please contact customer service at info@averyperfumegallery.com
9.6. When the order is shipped, customers receive an e-mail from Avery Perfume Gallery with the tracking number and a link to monitor the progress of the shipment.
9.7. Avery Perfume Gallery is not responsible for any delays due to customs operations and checks, or to force majeure events beyond the control of Avery Perfume Gallery.
9.8. The Customer (or his delegate) is required to check, at the time of delivery of the Products by the Courier: that the number of packages delivered corresponds to that indicated on the delivery note; is that the packaging and its seals are intact, undamaged, not wet or altered in any way. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately notified in writing on the delivery note of the Courier. Where permitted by current legislation, once the Courier's document has been signed without the Client having raised any exceptions, the Customer can not make any objection about the exterior characteristics of the package delivered; it is understood that the Customer may raise objections even later as provided for by the following article 12, where such disputes are related to other profiles.
10. Right of withdrawal
10.1. Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorized representative on receipt of the Product) physically enters in possession of the Product itself and, in case of distributed delivery, from the day on which the Customer acquires the physical possession of the last Product.
10.2. To exercise the right of withdrawal, the Customer must send by e-mail or traditional mail within the deadline set in the previous article 10.1 a communication that highlights the Customer's intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (i) indication of the Product for which the Customer wishes to exercise the right of withdrawal; (ii) order number. The communication must be sent to the following address:
INTRACK SRL, Via Durini, 24, 20122 Milano MI, Italy
info@averyperfumegallery.com
10.3. Within 14 (fourteen) days of the withdrawal notice (transmitted in accordance with the previous article 10.2) the Customer must return the purchased Product to Avery Perfume Gallery by sending it to the following address, choosing the most appropriate shipping method to the value of the Product: INTRACK SRL, Via Durini, 24, 20122 Milano MI, Italy. The costs for returning the Product to Avery Perfume Gallery are charged to the Customer. The Customer is solely responsible for any decrease in the value of the Product resulting from a handling of the Product other than what is necessary to ascertain its nature, characteristics and functioning: therefore, the Customer is obliged not to remove any labels and packaging of the Product.
10.4. The right of withdrawal set out in this section does not apply to Products used, even partially, following delivery.
10.5. The Products shall be returned entire and appropriately packaged, in their original packaging, with all the relevant ornaments and accessories. If the Client has exercised his/her right of withdrawal, the Vendor may in any case refuse the restitution or total refund of the sums paid for the Products, if the Products are missing any of their label, tag or original packaging, or if the Products have been modified in their essential characteristics or qualities or have been damaged.
10.6. Avery Perfume Gallery will refund the sum paid by the Customer without undue delay and in any case no later than 14 (fourteen) days from the date on which Avery Perfume Gallery was informed of the Customer's decision to withdraw from the contract in accordance with this article 10. Such reimbursement will be made by Avery Perfume Gallery with the same payment methods used by the Customer for the initial transaction, unless otherwise agreed and expressly agreed between the parties and on condition that the Customer does not incur additional expenses against this repayment.
10.7. Avery Perfume Gallery may suspend the reimbursement until the receipt by Avery Perfume Galleryof the returned Product or, where it occurs before such reception, until the moment when the Customer provides proof of having returned the Product.
10.8. After the shipment of the Product, the order can no longer be canceled or modified. The return of the Products already shipped must be carried out in any case in accordance with the procedure provided for in this article 10.
11. Replacement of products
11.1. Without prejudice to the rights of the Customer as per articles 10 and 12 of these General Conditions, Avery Perfume Gallery recognizes in any case the Customer the possibility to replace the Products purchased on the Website in the following ways: (i) upon receipt of the Product, the Customer must promptly contact Avery Perfume Gallery by e-mail to be sent to: info@averyperfumegallery.com; (ii) the Customer must indicate the name and the code of the Product delivered and for which it is intended to obtain the replacement, clearly indicating the code of the new Product that the Customer wishes to receive (the codes are shown as indicated on the Website); (iii) no later than 14 (fourteen) days from the date of delivery of the Product, the Customer is required to return the Product to Avery Perfume Gallery in its original condition, without removing any labels and packaging from the Product.
11.2. The shipping costs related to the return of the Product are charged to the Customer;
(i) Avery Perfume Gallery will reimburse the amount paid by the Customer, with the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) days from the delivery to Avery Perfume Gallery of the returned Product; (ii) Avery Perfume Gallery will accept the replacement upon verification of the availability of the requested Product in substitution.
11.3. The replacement will be processed by Avery Perfume Gallery in the same manner used for each new order, and will therefore apply the same terms and conditions applied to the initial order of the Customer as provided by these General Conditions.
12. Defects of conformity
12.1. Should a product sold by Avery Perfume Gallery present a production defect and in any case for any presumed lack of conformity relating to Products sold by Avery Perfume Gallery, the Customer must contact the online assistance, by e-mail info@averyperfumegallery.com.
12.2. The Product sale is subject to the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code, as defined below. In accordance with these regulatory provisions, in case of conformity defects of the Product that occur within 2 (two) years from the delivery date, the Customer has the right to obtain the restoration of the conformity of the goods by repair or replacement (the Customer can choose whether to obtain repair or replacement of the Product under the conditions provided by law ), at no charge to him / her, that is, in the case in which one of these remedies did not succeed (according to the provisions of the article 130, paragraph 7, of the Consumer Code), may obtain a reasonable reduction of the price of the Products or the termination of the contract. The Customer loses these rights if he does not report to Avery Perfume Gallery the lack of conformity within the period of 2 (two) months from the date on which he discovered this lack of conformity. The action aimed at asserting a lack of conformity not maliciously concealed by Avery Perfume Gallery is prescribed, in any case, within the term of 26 (twenty-six) months from the delivery of the Product.
12.3. In the event that the Customer requests, within the terms of this article 12, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs related to the return to Avery Perfume Gallery of the Product to be repaired or replace, as well as all expenses related to the delivery to the Customer of the repaired or replaced Product, remain the responsibility of Avery Perfume Gallery.
13. Guarantee of authenticity and intellectual property rights
13.1. Avery Perfume Gallery guarantees the authenticity of all the Products purchased on the Site. The "AVERY" branded products are made of Italian materials, packaged by Italian artisans and are all rigorously and integrally MADE IN ITALY.
13.2. The "AVERY" brand, as well as all the brands present on the Products, the relative accessories and / or packaging and the shape brands, whether or not they are registered, and, more generally, all the property rights intellectuals related to the Products are and remain the exclusive property of Intrack S.r.l.
13.3. The contents such as images, photographs, graphics, videos, documents, logos and any other material, in any format, published on averyperfumegallery.com are protected by copyright and by any other intellectual property right of Intrack S.r.l. It is forbidden to reproduce them, in whole or in part, in any form, without the express written consent of Intrack S.r.l.
14. Force majeure
14.1. The performance of the obligations of the Vendor may be suspended in case of the occurrence of unforeseeable circumstances or force majeure that prevent or delay the execution of those same.
14.2. The Vendor shall inform the Client about the occurrence of unforeseeable circumstances or force majeure within 7 (seven) days from the occurrence thereof. In the event that the suspension of services should be prolonged for a period exceeding 15 (fifteen) days, the Client shall have the option to cancel the order and shall be reimbursed for the already paid amounts.
15. Customer service - contacts
15.1. In case of complaints or need of information or assistance in relation to the Site or the purchase procedure, the Client may send an e-mail at the following address info@averyperfumegallery.com.
15.2. Alternatively, the Client may contact Avery Perfume Gallery at the telephone number +39 3668539277.
16. Privacy
16.1. The Vendor shall process the personal data of the Client for the purposes and with the methods specified in the Privacy Policy.
16.2. If the Client has registered to the Site, then, by accessing the personal area of the Site (My Account), the Client may at any moment correct, amend or update his/her own personal data.
17. Applicable law and jurisdiction
17.1. These General Conditions and, consequently, the contracts concluded with the Customers, are governed by Italian law and must be interpreted according to it (including the Legislative Decree No. 206 of 6 September 2005, "Consumer Code" and, in in particular, "Chapter I, Title III of Part III" as well as the Legislative Decree n. 70 of 9 April 2003, "E-commerce Decree").
17.2. Any dispute arising from the interpretation, validity and / or execution of these Conditions Generali will be donated to the mandatory jurisdiction of the judge of the place of residence or domicile of the customer or, at the Client’s choice, the Italian Court of Milan.
18. Changes and updates of the terms of sale
18.1. The applicable Terms of Sale are those published, from time to time, on the Site and that the Client shall verify the same when purchasing the Products.
18.2. Avery Perfume Gallery reserves the right to modify the Terms of Sale from time to time including for taking into consideration any legal updates. Any new version of the Terms of Sale will be effective from the date of publication on the Site.