E- SHOP General Sales Conditions
Section 1 – Company
LE MONDE SRLS, a single-member limited liability company with a capital of 1 Euros, the Head Office of which is located at VIA G. Bernini 58 – 80129, Napoli, registered in REA NA959538, PIVA 13553271001
Hereinafter referred to as “the Seller”.
Section 2 – General Terms
The company General Conditions of Sale define the rights and obligations of the parties as regards the sale of luxury perfume and these terms and conditions prevail over any other document, contract, purchasing condition established by the client.
The client declares having read and accepted the rights and obligations thereunder.
Any transaction made will be governed by these General Conditions of Sale.
Section 3 – Definitions
The “Buyer” is the natural person and/or a legal entity entering into a distance contract of sale regardless of the nature thereof.
The “Consumer” is the natural person buying products for purposes outside his/her trade, business or profession.
The “Non-professional” is the natural person and/or a legal entity making purchases for business purposes but outside his/her area of expertise.
The “Professional” is the natural person and/or a legal entity making purchases under his/her specialty and for professional purposes.
“Products” are the perfumes for sale on the website.
It is expressly stipulated that the website www.mendittorosa.com is exclusively for Consumers sales only. It’s to be consider excluded from these Sales Conditions “Professionals” and “Non Professionals” as defined above.
Section 4 – Products
The Products offered by the Seller are fragrances consistent with the current requirements on safety and health, the fairness of commercial transactions and consumer protection at the time of their marketing.
Section 5 – The Formation of The Contract
To place an order, the Consumer, a major player with full legal capacity, fills his shopping cart by indicating the
selected products and quantities desired. He clicks on the “Proceed to checkout” button and provides information about the delivery and payment method. The Buyer can check the details of the order and its total price and go back to previous pages to correct any errors or modify the order. After that, he/she validates his/her order and will receive a confirmation email as soon as possible.
Proceeding with the payment automatically confirm the order and the buyer receive a confirmation email.
Orders are processed and confirmed subject to availability of items ordered.
The SELLER can not be held responsible for the non-availability of products.
Section 6 – Prices
Products prices are indicated inclusive of all taxes, with the exception of freight charges, that are borne by the Seller.
The total amount payable by the consumer is indicated on the confirmation page of the order. The selling price of the product is that in force at the date of order.
The offers on the site are valid, unless there is a clear indication of a particular duration, as long as the
products are listed in the electronic catalog and within the limits of available stocks.
The website has a security system for online payments.
Section 7 – Delivery
7.1 Delivery shall be made to the Buyer’s address specified in the order.
7.2 The Seller undertakes to use its reasonable endeavours to deliver the goods within thirty days from the receipt of the order, any delay
7.3 In accordance with article L.138-1 of the Consumer Code, the transfer of risk shall pass to the benefit of the Consumer or a third party designated by him/her upon physical receipt of the Products.
7.4 If the product does not comply with the order, the Consumer should send a complaint to the Seller to obtain replacement of the Product or possibly cancellation of the sale. Any lack of conformity must be noted by the Consumer at the time of delivery within a reasonable time frame.
The Buyer shall notify the Seller within 48 hours after delivery of the goods.
The product is considered non-compliant if it does not match the description given by the Seller, or if it does not have the qualities that the Buyer may reasonably expect given the Seller’s public statements.
In case of lack of conformity, the Buyer may request the replacement of the Product.
However, if the replacement is impossible, the Buyer may return the property and get the refund of the total price or keep the property and get the refund of a portion of the purchase price.
Section 8 – Right of Withdrawal
In accordance with article L.121-21 of the Consumer Code, the Consumer is granted a fourteen (14) days right of withdrawal from receipt of the products.
This right doesn’t need any specific reason why. It just need a written communication (e-mail works as well: email@example.com) within the 14 days from the order,
The Seller agrees to refund the Consumer at the latest within ten working days under the same terms of payment, provided that the products are returned in their original packaging and in perfect condition.
The Consumer is responsible for returning the products in the best conditions using methods to ensure the integrity of the
goods . The shipping costs will be on consumer charge. And Seller and Consumer can agree about courier system to use
Return packages shall be mailed to the following address:
Le Monde srls c/o Stefania Squeglia,Via Tasso 208, 80127 Napoli, Italy
Section 9 – Guarantee
9.1 Consumer Guarantees
In accordance with article L.211-4 of the Consumer Code, the Seller warrants both the product compliance and its lack of conformity.
The Consumer may request that the product be brought into conformity, unless he/she had knowledge of the defect.
In case of lack of conformity of the Product, the Seller undertakes to replace it at his/her own expense, upon return of the defective product.
If the replacement is impossible, the Consumer can:
- Keep the Product and get the refund of a portion of the purchase price.
- Return the Product and get the refund of the total price.
Reminder of The Applicable Legal Provisions
Article L211-4 of the Consumer Code:
The Seller must deliver goods in conformity with the contract and liable for defects of conformity existing at
the time of delivery. He/She also addresses the lack of conformity
resulting from the packaging, instructions for assembly or installation when it was put to him/her by the
contract or carried out under his/her responsibility.
Article L211-5 of the Consumer Code:
To comply with the contract, the property must: 1° Be suitable for the purpose usually associated with such a
product and, if applicable:
– Match the description given by the Seller and possess the qualities that he/she has presented to the Buyer as a sample or pattern;
– Present the qualities that a Buyer might reasonably expect given the public statements made by the Seller, the Producer or his/her Representative, particularly in advertising or labelling.
2° Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the Buyer made known to the Seller and the latter agreed.
Article L211-12 of the Consumer Code:
The action resulting from lack of conformity lapses two years after delivery of the goods.
Article 1641 of the Civil Code:
The Seller is required to guarantee against hidden defects of the thing sold that render it unfit for the use for which it was intended, or that decrease this use to such an extent that the buyer would not have acquired, or would have offered a lower price if these hidden defects had been known.
Article 1648 of the Civil Code:
The action resulting from latent defects must be brought by the Buyer within two years after the discovery of
the defect. In the case provided for by Article 1642-1, the action shall be instituted, under penalty of
foreclosure, in the year following the date on which the Seller may be discharged from any visible fault or patent defect.”
9.2 Warranties relating to Professionals and Non-professionals
The Seller shall not guarantee against patent defects.
The Seller guarantees hidden defects according to article 1641 of the Civil Code, except when the professional comes from the same area of specialty.
Section 10 – Responsibility
In the event of damage caused by a safety defect of the product, the Seller (except for Non-professionals and
Consumers) shall not be held responsible for any damages that may arise from the purchase of products.
The Seller shall incur no liability for cases of force majeure or the act of a third party.
Section 11 – Intellectual Property
All the products and the pictures appearing on the website are protected by copyright, trademark and patentlaw.
Any reproduction and dissemination of these elements without prior written consent of the publisher exposes violators to prosecution.
Section 12– Privacy
In accordance with the law relating to computers, files and freedoms dated January 6, 1978, the information containing personal details of buyers may be subject to automated processing.
The Seller reserves the right to collect informations on purchasers including by using cookies, and, if desired,to transmit to business partners the collected informations.
The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes. You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit.
The web shop cannot be used if you disallow cookies.
Buyers may oppose disclosure of their details by notifying the Seller.
In compliance with law no. 78-17, passed on January 6th 1978, relating to information technology, data files and individual liberties, you can have the right to access and rectify your personal information in our possession.
The automated processing of information, including the management of e-mail users of the site has been declared to the CNIL.
Section 13– Applicable Law
The seller will archive all the purchase orders and the related invoices on a reliable and durable copy on compliance with Article 1348 of the Civil Code.
The digital records of the Seller shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Section 14– Applicable Law
This contract and its General Conditions of Sale are subject to Italian law.