Terms of sale

General conditions of sale for the marlenefragranze.com site

1. Introduction

The sale of products by HELMÌ SAS concluded remotely through the marlenefragranze.com website (hereinafter referred to as the “Site”) is governed by the following General Conditions of Sale (hereinafter referred to as the “General Conditions”). The products offered on the Site are sold directly by HELMÌ SAS di Di Blasio Marlene (hereinafter HELMÌ SAS), with registered office in Via Mario Ruta, 20/22 – 80128 Naples (Na) – Italy, Tax Code. and VAT number 09957781215.

HELMÌ SAS, in order to respond to the needs and expectations of its customers, has decided to integrate the sales made within its shop with a remote sales network through this Site on which there is the list of products offered for distance selling.

The use of the distance selling service described in these General Conditions is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons who act for purposes not related to their business commercial, entrepreneurial, craft or professionally carried out, over the age of 18 (or, if minors, authorized by their legal representative).

The purchase of the products offered on the site can be made to almost all Europeans.

The resale, rental or transfer for any commercial or professional purpose of products purchased from the Site is expressly forbidden. All Orders that do not constitute a retail sale, and in general, any order that is fraudulent or considered as such in the exclusive opinion of HELMÌ SAS, will be considered void and as never received.

The Customer declares and guarantees that the purchase of products on this Site is not carried out in the course of his professional activity, and is intended for strictly personal use.

These General Conditions are published on the Site in order to allow knowledge as well as storage and reproduction by the Customer pursuant to art. 12, paragraph 3, of the Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”) and subsequent amendments and additions.

HELMÌ SAS may make changes and / or additions to these General Conditions at any time. Therefore, the Customer will be required to accept only the General Conditions in force at the time of the relative purchase. Any changes and / or additions will be effective only in in relation to purchase orders placed after the modification and / or integration date. Any elimination of these General Conditions from this Site implies the automatic and irrevocable inapplicability, ineffectiveness and non-enforceability of HELMÌ SAS in relation to purchases made after their elimination from the Site and this even in the event that said General Conditions are in any case available and / or accessible to the public through other websites other than the one indicated above.

2. Information about the Seller
   

HELMÌ SAS by Di Blasio Marlene

via Mario Ruta 20/22, 80128 Naples Italy

Tax code and VAT number: 09957781215- REA: NA – 1070336

Tel: +39 349 7863630

e-mail: info@marlenefragranze.com

3. Intellectual property

The HELMÌ SAS brand, as well as all the figurative and non-figurative trademarks present on the Site, the images, texts and any content present on the Site (including, without limitation, these General Conditions of Sale) are the exclusive property of HELMÌ SAS and / or the respective owners of the intellectual property rights thereon.

The reproduction in whole or in part, the modification or use of such trademarks, illustrations, images and logos, or of any other content of the Site, for any reason and by any means, without the express written authorization of HELMÌ SAS and / or the respective owners of the intellectual property rights on them is strictly prohibited.

1. 4. Purchase procedure

4.1 Product features

The Customer can select one or more products and / or services from the different categories available on the HELMÌ SAS website. Each product offered for sale on the Site can be viewed via a special link that allows you to view the photographic images of the item, the unit price including VAT and the different formats (if any).

HELMÌ SAS may change the assortment of products offered for sale on its website at any time, especially according to reasons relating to its suppliers and / or information relating to them such as prices, description or availability of products, without prior notice. . HELMÌ SAS will not make any changes to the price, availability or description of any product after the acceptance by HELMÌ SAS of the Order sent by the Customer.

Before sending the Order, the Customer can view all the information on the Website referred to in Article 52 of Legislative Decree 6 September 2005, no. 206 (“Consumer Code”) such as, by way of example and not limited to, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product / s or services he wishes to purchase and together with all the other mandatory information provided for and by Italian law.

The products comply with the legislation applicable in Italy in force at the time of the Order. HELMÌ SAS cannot be held responsible for the non-compliance of the products with the legislation of the country in which the Customer wishes the delivery to be made. The Customer is required to check with the local authorities of the country of delivery of the products the methods of importing and / or using the products and services he intends to order. HELMÌ SAS cannot guarantee that the information on the product packaging will be translated into all the languages ​​of the European Union.

Although HELMÌ SAS constantly adopts measures aimed at ensuring that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution characteristics of the computer used by the Customer. Consequently, HELMÌ SAS will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons.

4.2 Prices

The price of the products for sale on the Site is indicated in Euros and is in effect at the time the Order is sent by the Buyer. HELMÌ SAS may change the sales prices of the products at any time and without notice. This change will be reported to the Customer before sending any Order.

Product prices include VAT applicable at the time the Order is sent. Any change in the applicable VAT rate will be automatically applied on the price of the products sold by HELMÌ SAS through the Site.

Product prices do not include shipping costs, which are calculated and invoiced in addition to the price of the products. Shipping costs vary depending on the shipping method selected by the Customer at the time of placing the Order and are displayed in the Order Summary before the Buyer’s request for confirmation of the Order.

The shipping costs are described below in these General Conditions of Sale and can be modified at any time by HELMÌ SAS but the changes will not be applied to Orders already sent and accepted by HELMÌ SAS which invites the Customer to regularly consult the General Conditions of Sale.

The different shipping methods are indicated below in Article 5 of these General Conditions of Sale. The costs and times related to the different delivery methods are available in the Shipping Costs and Times section.

4.3 Purchase procedure

The Customer chooses one or more items of his interest by clicking on the “Add to cart” button. By clicking on the “View Cart” button or the Cart icon, the Customer can view the selected items and the total price of the Order.

The Customer, before confirming the Order, is required to verify the accuracy of the contents of the cart, to complete the purchase form based on the instructions provided on the corresponding page of the Site and to confirm that he has read and accepted these General Conditions. .

The purchase procedure ends when the Customer selects the “Place Order” option (hereinafter referred to as “Order Confirmation”). The purchase procedure must be completed in full; otherwise, the contents of the cart will be deleted without a trace at the end of each purchase session.

If the Customer needs to make changes (for example to the indicated article or the number of items) or to make corrections to any errors in the Order, he must follow the relevant instructions contained on the Site.

Following the Order Confirmation, the Order will be sent directly to HELMÌ SAS. The Order will be filed in the HELMÌ SAS’ order custody system at its internet service provider. The Customer can check the status of his Order according to the provisions of the following art. 6.7. Without prejudice to any use of data for purposes other than purchase, described in the Privacy Policy published on the Site and subject to the prior express consent of the Customer, the form containing the Order and the Customer data relating to this Order will be kept by HELMÌ SAS for the period of time required by current legislation.

At the end of the purchase procedure, the Customer should download, save or print the General Conditions in force at the time the Order is completed. The Customer, pursuant to art. 51 of the Consumer Code, will also receive an e-mail message (hereinafter referred to as “Confirmation E-mail”), to the address indicated in the purchase form, containing the confirmation of the conditions of the purchase itself, such as: the confirmation written information of the ordered product and an indication of the main characteristics of the same, the data relating to HELMÌ SAS, the total price of the product, the payment methods or any amount already paid by the Customer, the existence of the right of withdrawal and relative methods of exercise, the geographical address for presenting any complaints and information on assistance services, the date by which HELMÌ SAS undertakes to deliver the ordered product, the existence of the legal guarantee of conformity of the products, the cost of use of the Site, should this cost be calculated on a basis other than the basic rate.

HELMÌ SAS reserves the right to refuse Orders issued by a Customer with whom a legal dispute relating to a previous Order is in progress, in which case, no Order must be considered accepted by HELMÌ SAS and no contract must be considered concluded between HELMÌ SAS and the Customer.

HELMÌ SAS also reserves the right to refuse Orders issued by an unsuitable Customer, including, by way of example, Customers who have committed violations of the general conditions of sale during previous purchases of products from the Site or Customers who intend to purchase products for purposes inherent to their own or others’ business or professional activity, or do not operate on the basis of an effective and genuine interest in purchasing the products ordered, or abuse the right of withdrawal recognized by the following art. 8 or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.

In such cases, the Order sent by the Customer must be deemed to have no validity and effect whatsoever. HELMÌ SAS will send the Customer, by e-mail, a communication certifying the non-acceptance of the Order and the failure to conclude the contract, also taking care of the cancellation of any charge and / or expense charged to the Customer. HELMÌ SAS will notify the Customer of any inability to accept the Orders received within 30 days from the date of actual receipt of the same and will refund any amounts already paid by the Customer.

4.4 Product Availability

Occasionally, problems may occur in relation to the availability of products. In such circumstances, HELMÌ SAS will inform the Customer promptly by e-mail or by telephone and the Customer will be offered the possibility to choose between the purchase of an item of the same nature as the one not available or the cancellation of the Order. If the Customer chooses to cancel the Order, no charge will be made to the Customer. If the charge has already been made, the Customer will be promptly reimbursed.

4.5 Methods of payment

HELMÌ SAS accepts payments made by credit card (via PayPal site even without an account), and PayPal account. The accepted credit cards are those indicated on the PayPal Site.

For the purpose of payment by credit card, the Customer confirms and guarantees that he is the holder of the credit card used for the purchase and that the name indicated on said credit card is his. The Customer then communicates the number, the expiration date and the security code indicated on his credit card. The transaction will be charged to the Customer only after: (i) the credit card details have been verified, (ii) the debit authorization has been received from the company issuing the credit card used by the Customer. The transaction takes place entirely on the PayPal site and can be carried out even if the customer does not have a PayPal account: it will be sufficient to indicate the card details as requested by the PayPal site.

In the event that, for any reason, the amount charged is more than the debit held, by the Customer, the sales process will be automatically canceled and the sale canceled.

The shipment of the purchased products takes place exclusively following the verification of the data of the credit card used by the Customer, carried out by HELMÌ SAS with the bank, and upon receipt of the authorization to charge said credit card, or following of the notification of the successful completion of the transaction, in case of payment via PayPal.

In the event that one or more products are not available, the Customer will be promptly informed and only the price and shipping costs relating to the available products will be charged.

4.6 Security in payment transactions

To ensure maximum security in online payment transactions, the Customer is redirected to the PayPal site and no credit card or PayPal account data will be stored on our Site.

The use of the Customer’s username and / or password for registration / access to this Site or to that of PayPal constitutes proof of the identity of the Customer at the time of confirming the Order, therefore HELMÌ SAS, will have the right to demand the relative amounts from the Customer himself. The computerized records of HELMÌ SAS will constitute proof of the communications, Orders and payments made between the Parties.

HELMÌ SAS and / or its business partners will not be responsible in any way for the improper use and / or disclosure to third parties of the Customer’s registration / access information.

4. 4. 5. Delivery

The products will be shipped to the address indicated when completing the Order and at the time of delivery, the signature of the Customer or the legal representative will be required in the event that the Customer is a child under the age of 18.

For security reasons, HELMÌ SAS cannot process any Order addressed to a post office box or accept any Order in which it is not possible to identify the individual recipient of the Order and its address.

The shipping costs that will be charged to the Customer are expressly indicated, separately from any other cost or expense, at the conclusion of the Order compilation procedure and prior to the Order Confirmation by the Customer. Pursuant to art. 65 of the Consumer Code, HELMÌ SAS will ask for the Customer’s expressed consent for any additional payment in addition to the total remuneration provided for the main contractual obligation.

Shipments are made by SDA courier which delivers on working days (Monday to Friday from 9.00 to 18.00) and requires the presence of a person to receive the package and sign the delivery receipt. In case of absence, a new attempt will be made the following day (if working). In the event of a new absence, the package will be kept in storage at the SDA headquarters in the area.

The shipping times of products in Italy are between 2 and 3 working days considered with reference to the Italian calendar. For shipments to the islands of Sicily and Sardinia, these times may be extended by 1-2 working days considered with reference to the Italian calendar.

The costs relating to shipping costs are calculated based on the destination of the package:

Shipping costs, on Italian territory only, will be free with a minimum purchase of 150 euros.

Delivery times run from the time the e-mail confirming the shipment of the products is sent to the Buyer.

In accordance with the provision contained in art. 61 of the Consumer Code, HELMÌ SAS will deliver the purchased products, except in cases of major force or unforeseeable circumstances, no later than 30 days from the date of conclusion of the contract or within any other term agreed with the Customer, unless that HELMÌ SAS does not communicate, within the same term, the non-acceptance of the Order or the impossibility of delivering the ordered products following the unavailability, even temporary, of the same. In this second case, HELMÌ SAS will refund any sums already paid by the Customer. If HELMÌ SAS fails to fulfill its obligation to deliver the products ordered within the aforementioned deadline and in any case within the different deadline possibly agreed, the Customer may invite HELMÌ SAS to make the delivery within an additional deadline appropriate to the circumstances, unless one of the hypotheses of exemption of the Customer from this burden occurs, according to the provisions of art. 61 paragraph 4 of the Consumer Code. Without prejudice to the Customer’s right to immediately terminate the contract, as well as the right to request compensation for damages, if the ordered product is not delivered within the additional deadline that may be indicated. In order to speed up the shipment of the ordered products, HELMÌ SAS reserves the right to split an Order into several shipments, according to the availability of the items. In this case, HELMÌ SAS will inform the Customer by e-mail or by telephone and the price will be charged separately for only the products actually shipped. In any case, the shipping costs will be billed in full as if it were a single shipment.

Upon departure of the purchased product from HELMÌ SAS warehouse, the Customer will receive an e-mail at the address indicated in the purchase form.

HELMÌ SAS Customer Service will provide assistance for any possible problem relating to delivery. The Customer can contact HELMÌ SAS Customer Service by e-mail at the address: info@marlenefragranze.com

In accordance with art. 63 of the Consumer Code, the Customer will assume the risk of loss or damage to the ordered products, for reasons not attributable to HELMÌ SAS, only when the Customer, or a third party designated by him and different from the carrier, materially enters in possession of such products. It is understood that the risk is intended to be transferred to the Customer already at the time of delivery of the ordered products to the carrier if the latter has been chosen by the Customer and this choice has not been proposed by HELMÌ SAS, without prejudice to the Customer’s rights towards the carrier.

In the event that, on the contrary, the loss or damage of the product is attributable to HELMÌ SAS, in accordance with the applicable legislation, the latter will replace the product free of charge, at the express request of the Customer to be sent to the e-mail address indicated above.

4. 4. 6. Defects, non-compliance with the order and damage to the products

The Customer, or the recipient of the Order, is invited to check the status of the package and products at the time of delivery.

In case of anomalies of the package (damaged or open package, trace of liquid, etc.) and / or of the ordered products (missing, defective or damaged products), the Customer or the recipient of the Order must return the products to HELMÌ SAS following the procedures described below. Failure to comply with the correct procedure excludes any appeal against the carrier and / or HELMÌ SAS, including the right to reimbursement of the Order and / or the return of the ordered products.

The Customer, or the recipient of the Order, can, alternatively, call HELMÌ SAS Customer Service to find out how to return the damaged, non-compliant and / or defective product or products. The procedure for returning damaged, non-compliant and / or defective products that will be indicated by HELMÌ SAS Customer Service must be followed by the Customer. Otherwise, the Customer cannot claim any refund or replacement of the products in question.

At the time of delivery, the products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or further conformity defects.

The legal guarantees provided are applied to the products’ sale by Italian law and, in particular, those provided for and governed by articles 129, 130 and 132 of the Consumer Code, as well as any additional conventional guarantees that may be provided to the Customer.

In the event of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the product by repair or replacement, unless the requested solution is objectively impossible or excessively burdensome compared to the other.

In the event that, after examining the returned products, HELMÌ SAS reasonably believes that the products cannot be considered defective, damaged or non-compliant with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to them.

In case of cancellation of the Order, no charge will be made to the Customer. In the event that the customer had already been charged , they will be reimbursed promptly.

The Customer’s request aimed at obtaining one of the solutions listed above must be communicated to HELMÌ SAS by registered letter with return receipt. to be sent to the following address: HELMÌ SAS – via Mario Ruta 20/22, 80128 Naples, Italy,

and must be sent in advance by e-mail, to be sent to the following address: ordini@marlenefragranze.com

The will of the Customer to make use of the guarantee provided by the Consumer Code to remedy the conformity defects of the purchased products may be exercised in the form described above only for defects relating to the products purchased on the Site.

4. 4. 7. Right of withdrawal for the Products

If the Customer is a “Consumer”, as defined in Article 3 of the Consumer Code, they are entitled to the rights referred to in art. 64 of the Consumer Code and as amended by the 2013/83 EU decree within the limits set by this legislation and therefore have the right to withdraw from the Purchase Agreement for any reason, without explanation and without any penalty, in the manner specified below. The Withdrawal may concern all (Total Withdrawal) or only part of the Products purchased by the Consumer (Partial Withdrawal). The right of withdrawal is exercised by the sending – within 14 working days from the date of receipt of the Products – of a communication by registered letter with return receipt. addressed to:

HELMÌ SAS

via Mario Ruta 20/22, 80128 Naples, Italy

And must be sent in advance by email to the address: info@marlenefragranze.com

4. 4. 8. Limitation of Liability

Apart from cases of willful misconduct or gross negligence, HELMÌ SAS will in no way be liable to the Customer for indirect or consequential damages that may arise from the purchase of products offered for sale on the Site.

4. 4. 9. Disputes

These General Conditions are dictated by Italian law and will be interpreted on the basis of it, without prejudice to any other mandatory rule, more favorable to the Customer, applicable in the country of habitual residence of the Customer.

In the event of a dispute arising from the interpretation and / or application of these General Conditions, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, will have exclusive and binding jurisdiction. If the Customer’s domicile or residence is located in a territory other than the Italian State, the Customer may, at his choice, appeal to the Court of his place of residence or domicile or the Court of Naples.

4. 4. 10. Contacts

For any complaint, further information or assistance relating to the Site or the purchase procedure and, in any case, for any request for information and / or clarification regarding what is reported in these General Conditions, Customers can send an e-mail to the following address: info@marlenefragranze.com or contact the Client Service Web, HELMÌ SAS via Mario Ruta 20/22, 80128 Naples, Italy.