Terms and conditions of sale

The following describes the terms and conditions under which B'Code – soc unipersonale Srl offers users access to its services available on the website www.epicoparfum.it.

1 Definitions

To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meaning indicated below:
• Owner: B'Code – soc unipersonale Srl, with registered office in Via Pepoli nr 16 - Zola predosa, VAT number 03640071209, REA BO 535061, share capital €10,000, e-mail address info@epicoparfum.it , PEC address bcode@legalmail.it ;
• The website www.epicoparfum.it, managed by the Owner, which offers luxury perfume products for rooms and people.;
• Products: the products and/or services offered through the website;
• User: the individual who accesses the website, without distinction of legal nature and purpose pursued, interested in the Products offered via the website;
• Consumer: natural person who acts for purposes other than any commercial, artisanal or professional business activity carried out;
• Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the website.

2 Stipulation, conclusion and effectiveness of the Conditions

The purchase contract of the Products is concluded by accurately filling out and sending the order form. This form contains the details of the person ordering and the order, the price of the Product purchased, any additional charges, the methods and terms of payment, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he will send a confirmation email or display a printable web page confirming and summarizing the order, which will also contain the data referred to in the previous point.
The Conditions shall not be considered effective between the parties in the absence of what is indicated in the previous point.
The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions at each access to the website and is advised to print a copy for future consultations.

3 Registration

In order to use some features of the website, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Conditions. The User is responsible for safeguarding his/her access credentials.
It is understood that in no case may the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials.

4 Account cancellation and closure

Registered Users may stop using the Products at any time and deactivate their accounts or request their cancellation through the website interface, if possible, or by sending a written communication to the email address info@epicoparfum.it.
The Owner, in the event of violation by the User of these Conditions or of the applicable legal provisions, reserves the right to suspend or close the User's account at any time and without notice.

5 Purchases on the website
The purchase of one or more Products via the website is permitted both to Users who have the status of Consumers and to Users who do not have this status.
Pursuant to art. 3, paragraph 1, letter a) of Legislative Decree 206/2005 ("Consumer Code"), we remind you that the status of Consumers is defined as natural persons who, in relation to the purchase of the Products, act for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out.
For natural persons, the purchase is permitted only on condition that they are at least eighteen years of age.
The Owner undertakes to describe and present the Products sold on the website in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the website and the actual Product may arise. Furthermore, any photographs of the Products on the website do not constitute a contractual element, as they are only representative.
The User expressly grants the Owner the right to accept even only partially the order placed (for example in the case in which not all the Products ordered are available). In this case the contract will be considered perfected in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
• when the Product is not available;
• when authorization to charge the User for the Product is denied;
• when at the time of purchase a price is indicated that is clearly incorrect and recognizable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.

6 Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products and any shipping costs thereof. It is understood that any modifications will not in any case affect contracts already concluded before the modification.
The sales prices of the Products include VAT, if applicable; any other tax and/or shipping costs to be paid by the User will be indicated before confirmation of the purchase.
The User undertakes to pay the price of the purchased Product within the times and methods indicated on the website.
Any refund to the User will be credited promptly using one of the methods proposed by the Owner and chosen by the User and, in the event of exercising the right of withdrawal, at the latest within 30 days from the date on which the Owner became aware of the withdrawal itself.
The Application uses third-party tools for payment processing and does not in any way come into contact with the payment data provided (credit card number, name of the cardholder, password, etc.).
Should such third-party tools deny payment authorization, the Owner will not be able to supply the Products and will not be liable for any delay or failure to deliver.

7 Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner from any broader indemnity in this regard.

8 Methods of delivery of material Products

Material Product means any movable or digital good supplied on a material medium offered via the website.
The ordered material Products will be delivered to the User, at the address indicated by the latter, with the methods chosen by the User or indicated on the website at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the User is required to verify the conformity of the delivered Product with the order placed; only after such verification will it be necessary to proceed with the signing of the delivery documents, without prejudice to the right of withdrawal.
If an order exceeds the quantity available in the warehouse, the Owner will notify the User by email whether the Product is no longer bookable or what the waiting times are to obtain it, asking whether the User intends to confirm the order or not.
The Owner assumes no responsibility for delays or failure to deliver the Product attributable to causes of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, execution within the agreed times.
The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, the User being only entitled to a refund of any price paid.

9 Right of withdrawal of material Products

The User who has the status of consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases:
• supply of sealed Products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
In order to withdraw from the contract, the User must contact the Owner at the email address info@epicoparfum.it. The User will be informed of the methods concerning the return of the Product. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the post office or to the forwarder will be valid between the parties.
In the event of withdrawal, the Owner will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 30 days from the day on which the User communicated to the Owner that he/she wishes to withdraw from the contract.
The Owner will refund the User using the same payment method used by the User for the online purchase.
The User must return the Products at his own expense, unless the Supplier agrees to bear them, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw to the Owner.
The User is responsible for the integrity of the Product as long as it is in his possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
The Owner will not consider return requests if the returned Product is found to be malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or alterations, tampering or improper maintenance or wear and tear.

10 Optional form to exercise the right of withdrawal

Optionally, the User may withdraw using the following form, which must be filled in in its entirety and sent to the email address info@epicoparfum.it, before the expiry of the withdrawal period:

With this form I communicate my withdrawal from the sales contract relating to the following goods/services: __________
Order number: _______
Ordered on: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________

11 Guarantee of conformity

All Products that fall into the category of "consumer goods", as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the website are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It therefore applies only to Users who have made the purchase through the website for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out.
Those who have purchased on the website and who do not have the status of Consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations (articles 1490 et seq. of the civil code).
Any lack of conformity which occurs within 24 months of the date of purchase of the Product must be reported within 2 months of the date of discovery of the defect.
Unless proven otherwise, it is presumed that the lack of conformity that appears within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product's conformity restored, free of charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an adequate reduction in the price or to terminate the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively onerous; ii) the Owner has not carried out the repair or replacement within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he/she must contact the Owner at the email address info@epicoparfum.it. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

12 Industrial and Intellectual Property Rights

The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the website and/or the materials and contents available on the website.
These Terms do not grant the User any license to use the website and/or individual Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominal and all other signs, trade names, service marks, word marks, commercial names, illustrations, images, logos appearing on the website are and remain the property of the Owner or its licensors and are protected by the laws in force on trademarks and related international treaties.
Any reproduction in any form of the explanatory texts and contents of the website, if not authorised, will be considered a violation of the intellectual and industrial property rights of the Owner.

13 Exclusion of Warranty

The website is provided on an "as is" and "as available" basis and the Owner makes no express or implied warranties in relation to the website, nor does it make any warranty that the website will meet your requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.
The Owner will use its best endeavours to ensure that the website is available 24 hours a day, without interruption, but cannot be held liable in any way if, for any reason, the website is not accessible and/or operational at any time or for any period. Access to the website may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons entirely beyond the control of the Owner or due to force majeure events.

14 Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its sub-suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being only entitled to the possible full refund of the price paid and any additional costs incurred.
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the services purchased, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend itself in court, which may arise in response to damages caused to other Users or third parties, in relation to the Content uploaded or to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be responsible for:
• any losses that are not a direct consequence of the breach of the contract by the Owner;
• any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
• incorrect or unsuitable use of the website by Users or third parties;
• the issuing of incorrect tax documents due to errors in the data provided by the User, the latter being solely responsible for correct entry.
In no event shall the Owner be held liable for an amount greater than double the cost paid by the User.

15 Force majeure

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, to the Internet network and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.
The Owner will take any action within its power to identify solutions that allow for the correct fulfillment of its obligations despite the persistence of force majeure events.

16 Links to third party sites

The Application may contain links to third-party sites. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third-party sites that provide services through the website. In these cases, the general conditions for use of the site and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

17 Waiver

No waiver by either party of any provision of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.

18 Invalidity of individual clauses

If any provision of these Terms is found to be illegal or invalid, that provision will be deemed not to be part of the Terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.

19 Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the privacy page.

20 Applicable law and competent court

These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the User-consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in arts. 18, 19 and 20 of the civil procedure code.

21 Online dispute resolution for consumers

The Consumer residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

Date 28/09/2018