Terms & Conditions
GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Introduction
Officina Profumo Farmaceutica di Santa Maria Novella S.p.A. (hereinafter “SMNOVELLA”) is a company incorporated under Italian law whose registered office is in Florence, via della Scala 16, Italy, entered in the Companies Register of the Chamber of Commerce of Florence with REA No. IT09090000006252 and VAT No. 00459370482, email address officina@smnovella.com, subject to the management and coordination of Italmobiliare S.p.A., Tax Code 00796400158.
The online sales service rendered by SMNOVELLA is subject to the application of these General Terms and Conditions, subsequent amendments, and any other policy published by SMNOVELLA on its Website https://eu.smnovella.com/, including the Privacy Policy and the Cookie Policy, without prejudice to the mandatory rights recognised in respect of the consumer by its own national law.
The use of the Website and sending of an order to SMNOVELLA to purchase products present on the website imply agreeing to these General Terms and Conditions. When registering on the Website or placing an Order, agreeing to these General Terms and Conditions is expressly requested. In the event that the Customer does not want to agree to and/or comply with these General Terms and Conditions, SMNOVELLA invites them not to use the Website
SMNOVELLA does not issue to Customers invoices that (i) indicate the amount of VAT charged and/or (ii) show the VAT number or any other relevant data of the Customer, vis-à-vis an online sale. BEFORE placing an order, should the Customer desire to receive such kind of invoice, then the Customer is required to contact our Client Service.
Table of Contents
- Definitions
- Scope of application of the General Terms and Conditions of Sale Online
- Purpose of the contract
- Usability of the Website by the Customer
- Signing up on the Website and registration
- Purchase without registration
- Conclusion of the Contract
- Prices
- Payment methods
- Shipping and Delivery
- Delivery impossibility
- Right of withdrawal and returns
- Product replacement
- Legal guarantee
- SMNOVELLA’s liability
- Data protection, spam, security system, use of Cookies
- Contracts
- Intellectual property
- Assignment of the Contract
- Termination of the Contract
- Tolerance
- Changes to the General Terms and Conditions
- Integrity of the General Terms and Conditions
- Language
- Applicable law and competent court
1. Definitions
“Contract”: contract of sale concerning SMNOVELLA Products, concluded between the latter and Customers in the context of a distance selling system, by means of telematic tools, arranged by SMNOVELLA;
“Customer”/“Customers”: the buyer/buyers as end consumers, who can make purchase via the Website, with or without creating a personal account;
“Product”/“Products”: items of perfumery, cosmetics, herbalism, food and alcoholic drinks produced industrially in accordance with EU legislation and marketed by SMNOVELLA and offered for sale by SMNOVELLA;
“Product Sheet”: area of the Website dedicated to explaining the main characteristics of the Products, components, any allergens, the country of origin and the recommended usage methods;
“Website”: telematic system, also in mobile mode, or as an app, owned by SMNOVELLA or, in any case, managed and maintained by it on which the online sales service of Products is made available https://eu.smnovella.com;
“Purchasing area”: this section of the Website, which can be reached from the personal profile or the home page, via which the Customer can place purchase orders for Products;
“Parties”: SMNOVELLA and the Customer jointly;
“Order”: Customer’s acceptance of the terms and conditions of sale of the Product selected.
2. Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions govern the terms of the Contract concluded between the Parties, via the Website, as indicated in the Introduction, which form an integral part thereof.
Each Order placed using the Website is deemed to indicate full agreement with and acceptance of these General Terms and Conditions.
The General Terms and Conditions are always available to access on the footer of each page of the Website and can be saved and/or printed at any time.
3. Purpose of the contract
SMNOVELLA proposes the retail sale of Products to Customers via the Website. The sale takes place by means of telematic tools made available by SMNOVELLA.
The Products offered for sale on the Website are illustrated and described in the respective Product Sheet, available by clicking on each individual Product. Every Product with the SMNOVELLA trademark is made with high-quality raw materials, carefully selected and is MADE IN ITALY in accordance with SMNOVELLA’s tradition, unless specifically indicated.
The Customer should refer to the description of every single Product, which will indicate also the relevant purchase price, as well as any anticipated accessories.
The choice of purchase of the Product is the sole responsibility of the Customer.
4. Usability of the Website by the Customer
The Contract can be concluded only by Customers who are over 18 years old or in any case who have the full capacity to act and conclude the Contract according to of the law of their Country of residence.
SMNOVELLA cannot in any case be obliged to verify the ability to act of Customers when the declaration and the data provided by the Customer do not reveal anything to the contrary. In the case in which a person who does not have the necessary capacity to act (for example a minor), place an Order on the Website, notwithstanding the responsibility of their parents or legal guardians for this Order and the relevant payment, SMNOVELLA may refuse the Order and delete “My Account” taking any appropriate measures.
The Customer undertakes to use the Website only to view Products or place legally valid Orders and for strictly personal use.
SMNOVELLA reserves the right to cancel Orders that it considers anomalous or not in line with the needs of an end consumer.
Before proceeding with the completion of the purchase process, the Customer will have the opportunity to register or continue as a guest Customer.
5. Signing up on the Website and registration
The Customer can sign up on the Website at any time.
Registration takes place via an online registration process by means of which the Customer creates a personal account. The registration form can be reached from the “Log in” link located on the home page of the Website.
After having clicked on the “Create An Account” link the Customer will need to provide their first and last name, together with an email address and a password.
SMNOVELLA will send a confirmation communication, via which the Customer can directly access their “My Account”, by entering the access credentials (email and password) indicated in the registration form.
Once they have entered “My Account”, the Customer must complete the registration by also entering their billing address, a telephone number and, at their own discretion, further other useful data in order to facilitate the conclusion of the contract, such as their credit card details. Any data entered will be associated with their account, “My Account”, and stored in full respect of the rules in force as indicated in the Privacy Policy.
Via “My Account” the Customer can have access various areas:
- “Account Details”: area containing all the information provided by the Customer during registration. The Customer can edit the information provided and their personal data at any time, via the “Edit Data” functionality;
- “Order History”: area via which the Customer can view the purchase history;the status of Orders placed. The Customer, in any case, will receive a communication via email confirming acceptance of the Order as well as a subsequent communication when the Products have been handed over to the carrier for delivery.
The Customer undertakes to only provide SMNOVELLA with complete, accurate and up-to-date information, and shall be solely responsible for the accuracy of said information. In the case of incomplete or incorrect information, SMNOVELLA reserves the right not to proceed with the purchase Order sent by the Customer. In the case of a change to the personal data supplied, the Customer shall immediately update the information provided in the “Personal Information” area.
The Customer is responsible for maintaining the confidentiality and security of the login credentials to their “My Account” and undertakes to inform SMNOVELLA of any loss, theft or in case of suspected unauthorised use.
The Customer may delete their registration without giving any reason by contacting SMNOVELLA. SMNOVELLA will confirm the cancellation to the Customer.
6. Purchase without registration
Customers will be able to complete their Order without registering via the Website, by providing the information necessary to manage their Order (email address, phone number, billing address, delivery address of the Product and credit card details for payment).
Before the end of the purchase process, the Customer will in any case be able to register and create an account.
7. Conclusion of the Contract
The Contract is concluded exclusively via the Website.
To place their Order Customers will need to carefully read the Product Sheet related to the Product they intend to purchase and, if they wish to purchase the Product, they must click on the “Add to Cart” link of the Product selected. The Products chosen will be visible in the “Cart” section.
The contents of the “Cart” section can be verified and/or amended by Customers at any time before confirming the Order. To delete one or more Products from the “Cart” area, Customers will need to select the Product that they no longer want to buy and click on “Remove from Cart”.
To finalise the Order and validly conclude the Contract, Customers must click on the “Check out” button, providing, unless previously provided during the registration procedure and the account creation, the delivery information, the billing information if different from that of delivery and the payment information, and then click on “Pay Now”. By clicking on “Pay Now” and sending the Order, the Customer expressly agrees to the obligation to pay the price of the Product.
Before sending the Order, the Customer shall carefully read and expressly agree to the Privacy Policy and Cookie Policy, in addition to these General Terms and Conditions, by clicking on the button “I have read and understood the Privacy Policy and Conditions of Sale of Officina Profumo-Farmaceutica di Santa Maria Novella S.p.A.”.:
SMNOVELLA reserves the right to refuse the purchase Order sent by the Customer when:
- they have provided incomplete or incorrect personal data;
- they are under 18 years of age or do not have the full capacity to act or conclude the Contract;
- they have indicated a delivery address located outside the countries specifically indicated in these General Terms and Conditions;
- they have sent an anomalous Order or not in line with the requirements of an end consumer (as indicated in Section 4 above).
The Contract is concluded once the Customer’s Order has been correctly received by SMNOVELLA.
SMNOVELLA will send a communication to the Customer’s email address containing the details of the Order.
8. Prices
The price is indicated alongside each individual Product and is expressed in euros.
This amount may or may not include the cost of shipping (or extra charges if any), that will be specified during the process of placing an Order and which will depend (i) on the amount of the Order, and (ii) on the delivery method chosen by the Customer when placing the Order as detailed in Section 10 below.
The price of each Product can be subject, for any reason, to changes at any time, however any changes will not affect the price of the Products for which SMNOVELLA has already sent an Order confirmation.
For Orders with planned deliveries to Albania, Bosnia & Herzegovina, Guernsey, Iceland, Farœ Islands, Jersey, Liechtenstein, Norway, Serbia, the price is net of VAT, import duties, if any, which, if and in the amount applicable, shall be paid by the Customer to the delivery person, and of delivery costs.
For Orders with planned deliveries to Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece¸ Hungary, Ireland, Isle of Man, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom, the price includes VAT and, import duties, if any, and should such Orders amount to a minimum of € 100 / £100 the price shall include also the costs of standard deliveries. The final price to be paid by Customers will in any case be indicated in the checkout page before the Contract is concluded.
9. Payment methods
The Customer can only pay using one of the following circuits: Visa, Mastercard, American Express, Maestro, Union Pay, Shop Pay, Apple Pay and Google Pay, PayPal.
10. Shipping and delivery
The Products are available for delivery to the following countries: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Italy, Farœ Islands, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, North Macedonia, Norway, The Netherlands, Poland, Portugal, Romania, Serbia, Switzerland, Slovakia, Slovenia, Spain, Sweden and United Kingdom.
The shipping and delivery of the purchased Product shall take place via the international delivery operator DHL (or a company directly or indirectly associated with the latter), through two types of service that may alternatively be available, depending on the delivery address, the costs of which shall be specified at the checkout:
- “Economy” delivery: Economy delivery takes approximately 3-5 working days to deliver the package, after it has been prepared;
- “express” delivery: express delivery takes approximately 1-2 working days to deliver the package, after it has been prepared.
Delivery shall be deemed to have been completed when the shipment is materially available to the Customer or third-party person indicated by them. Delivery will be proven by the signing of the delivery note at the address indicated by the Customer in the Order request or according to another procedure usually used by the courier.
SMNOVELLA undertakes to deliver the Products by the date indicated in the Order summary communication. If no date was indicated, the Product will be delivered within the estimated period depending on the selected delivery method and in any event within a maximum period of 30 days from the Order confirmation date.
In case of delays and/or changes to the Product ordered, SMNOVELLA will promptly notify the Customer, who may alternatively set a new delivery date or cancel the confirmed Order. If the Order is cancelled, SMNOVELLA will refund the Customer the full amount paid.
No deliveries are made on Saturdays and Sundays.
11. Delivery impossibility
If it is not possible to deliver the Product(s) ordered for reasons attributable to the Customer, SMNOVELLA will check where it is stored and how to collect it After 30 days from the Order confirmation date without the Product having been delivered/collected by the Customer, the Contract will be deemed terminated and SMNOVELLA will refund the cost of the Product, provided that it has not been damaged and is still saleable. The shipping/delivery costs will be charged to the Customer.
12. Right of withdrawal
Customers acting as consumers that have their usual residence in the European Union have the right to withdraw from the Contract within 14 days of receipt of the Product, without any penalty and without specifying the reason, as provided by law.
In addition to the statutory rights granted to consumers residing within the European Union, SMNOVELLA’s Products purchased on the Website can be returned within 30 days of receipt of the Products by the Customer or the third party indicated in the Order. For this purpose, within 30 days from the receipt of the Product, the Customer must inform the Client Service by using the contact form and univocally communicating their desire to withdraw. In order to meet the deadline, the notification communicating the intention to exercise the right of withdrawal shall be sent before the expiry of the withdrawal period.
Client Service will provide an RMA (Return Merchandise Authorisation) number.
The Customer must return the Product to SMNOVELLA within 30 days from the date of receipt of the communication including the RMA. To return the Product the Customer must use the original packaging, filling in the form provided by SMNOVELLA and received in the delivery package of the Product and enter the RMA number provided by Client Service according to the instructions in the form “Return Policy”.
The shipping cost for the return of the Product shall be borne by SMNOVELLA, which however will not be obliged to reimburse the additional costs in the case in which the Customer has chosen a type of delivery other than the least expensive.
SMNOVELLA, within 30 days from the communication of the Customer, will refund the entire amount paid by the Customer for the returned Product. The refund will be made on the same method used by the Customer to make the payment, except in the case where the Product was purchased as a Gift.
The returned Products must be intact. SMNOVELLA reserves the right to suspend the refund until receipt of the Product, and after having assessed the integrity and saleability conditions of the Product. SMNOVELLA will notify the Customer of their right to a refund of the full amount paid.
In accordance with applicable laws, for reasons of hygiene and related to the protection of health and safety, the right of withdrawal may not be exercised in the case where sealed or packaged Products have been opened or used and therefore have lost their integrity and are no longer saleable. In this case, SMNOVELLA will not provide any refund.
For Customers who do not have usual residence in the European Union, the right of withdrawal referred to in this section shall not apply and, therefore, SMNOVELLA shall by fully entitled to decide whether to accept a Customer’s request, except in cases in which a Product is faulty. In any case, returns will be at the expense and under the responsibility of the Customer.
13. Product replacement
If having their usual residence in the European Union, Customers may replace the Product(s) purchased within 30 days from delivery, by contacting Client Service via our contact form.
Client Service will provide the Customer with an RMA number that must be entered into the form provided by SMNOVELLA in the delivery pack of the Product. The shipping cost for the replacement shall be borne by the Customer.
The Product cannot be replaced if sealed or packaged Products have been opened or used and, in this case, SMNOVELLA will not proceed with any change. SMNOVELLA therefore reserves the right to suspend the authorization to change the Product in order to check the integrity of the Product itself after receiving it. SMNOVELLA will communicate to the Customer the possibility of making the replacement and will refund the purchase price with the same method used by the Customer to make the payment, except in the case where the Product was purchased as a gift.
If the Customers want to, they can make a new purchase, as provided by these General Terms and Conditions.
14. Legal guarantee
In accordance with applicable regulations, SMNOVELLA guarantees that the Products purchased on the Website will be free from defects and will reflect the descriptions published on the Website, providing the legal guarantee of conformity.
Once the Product has been received, the Customer must check its conformity.
If the Customer becomes aware that the Product received is defective, they must notify SMNOVELLA Client Service immediately indicating the Order details and the differences found in the Product received.
SMNOVELLA will provide the Customer with the information necessary to return the Product. Once returned, SMNOVELLA will examine the Product and will notify the Customer of the outcome of the checks carried out using the address provided by the latter in the Order. In accordance with applicable laws, SMNOVELLA will communicate whether it is possible to proceed with the repair/replacement of the Product, or if the Product will be refunded.
The refund and/or replacement of the Product will be carried out as soon as possible and in any case within 30 days from when SMNOVELLA has communicated to the Customer the possibility of proceeding with the refund or the replacement of the Product. In case of a refund, the amount paid will be returned in full through the same payment method used to make the purchase.
The delivery costs for the return to SMNOVELLA of Products to be replaced, as well as all costs for the delivery to the Customer of the replaced Products will be solely borne by SMNOVELLA.
Please note that European legislation, in relation to the sale and guarantee of consumption goods, provides for a minimum legal guarantee of 2 years for unopened products. The individual Member States may require the consumer to report the defect found within 2 months from its discovery. In any case, the Customer as a consumer can use the internal legislation in their country of origin, if it is more favourable than that laid down in the European rules.
15. SMNOVELLA’s liability
SMNOVELLA is liable for damages caused by intent or gross negligence.
Moreover, SMNOVELLA is responsible for failure to fulfil its obligations under these General Terms and Conditions. In this case, it is only liable for losses and damages that were reasonably foreseeable at the time of the Order.
SMNOVELLA will not be liable for (i) losses which are not a consequence of a breach of these General Terms and Conditions by SMNOVELLA; or (ii) loss of business opportunities (including lost profits, revenue, contracts, alleged savings, data, goodwill or unnecessary costs incurred); or (iii) any other indirect or consequential loss that was not reasonably foreseeable at the time of Order; (iv) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of inability or incorrect use or the delay of the Website, but resulting from or related to use; (v) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of negligence and/or inexperience in the safekeeping, storage and use of each Product attributable to the Customer; (vi) any delay or failure to fulfil its obligations under these General Terms and Conditions if the delay or the failure to fulfil obligations derives from unforeseeable circumstances or force majeure.
The Website may contain links to third-party websites or resources. These are third-party services that SMNOVELLA is not liable for. The presence of such sites does not constitute an endorsement by SMNOVELLA; any request should therefore be addressed to the owner of the Website itself.
SMNOVELLA will do its utmost to ensure the continuous availability and accessibility to the Website, which however may be limited, without any liability for SMNOVELLA, due to the nature of the Internet, to ensure the capacity, security or integrity of our servers or to perform maintenance interventions. SMNOVELLA also reserves the right to change, limit or suspend the functionality of the Website at any time, for the time required for its maintenance and development.
These provisions do not restrict the statutory rights recognised to consumers by the legislation in force in the individual countries they live in. In the event that such law provisions are applicable, the limitations of liability set forth herein shall not apply and the Customer may be granted additional rights.
16. Data protection, spam, security system, use of Cookies
SMNOVELLA undertakes to ensure the protection of personal data and any other information provided by the Customer.
The personal data and any other information provided by the Customer will be processed in accordance with the conditions laid down in EU Reg. 2016/679, in accordance with the Privacy Policy and the Cookie Policy.
17. Contacts
For any information or complaint, or for any communication relating to these General Terms and Conditions, the Customer can contact the Client Service through the “Contact us” section in the footer of the Website. SMNOVELLA will contact the Customer by means of electronic communications (either by email to the address provided or via the Customer’s account in the case of a registered Customer).
18. Intellectual property
SMNOVELLA is the exclusive owner of all rights and titles relating to the SMNOVELLA trademark as well as every other kind of distinctive mark, including the graphic appearance of the Website, the interface and the structure.
No change, reproduction, publishing and transfer to third parties of any property rights on trademarks and any other intellectual property right of SMNOVELLA is permitted without the written consent of SMNOVELLA and, in any case, the contents cannot be used in any way that is likely to cause confusion among customers or in a manner that disparages or discredits SMNOVELLA. In the case of unauthorised use, the subject will have to fully allocate, transfer and assign these intellectual property rights to SMNOVELLA.
Any breach or use not in accordance with the law of the SMNOVELLA trademark and its distinctive marks constitutes a breach of intellectual property rights.
19. Assignment of the Contract
The Customer cannot transfer or assign the Contract and the rights and obligations arising from it for any reason, without the prior written consent of SMNOVELLA.
SMNOVELLA reserves the right to transfer, assign, subcontract and freely dispose of the Contract or the rights or obligations deriving therefrom. These transfers of the Contract will not have any impact on the Customer’s rights and does not in any way diminish the guarantees and responsibilities offered by SMNOVELLA.
20. Termination of the Contract
SMNOVELLA reserves the right to deny access to the Website or terminate a Customer’s account, in the event of violation of applicable laws, these Terms and Conditions, or any other policy or guidelines. As the case may be, SMNOVELLA will inform the Customer of said restriction by e-mail at the address indicated during registration.
21. Tolerance
Any tolerance of a Party of non-fulfilment by another Party in breach of the provisions contained in these General Terms and Conditions does not constitute a waiver of the rights arising from the provisions breached or the right to require the correct fulfilment of all the terms and conditions provided for in this Contract.
22. Changes to the General Terms and Conditions
SMNOVELLA reserves the right to change the General Terms and Conditions at any time in respect of the legislation in force, for security reasons, to improve existing features or to add additional features or otherwise implement the Website, or to comply with applicable laws. The changes will be communicated via e-mail to the Customer at least 30 days before the changes become effective. The Customer can always reject such changes, even by deleting their My Account. The use of the site following the date of entry into force of the changes involves their total acceptance.
23. Integrity of the General Terms and Conditions
These General Terms and Conditions, as well as any other document to which it expressly refers, represent the entire agreement between the parties and supersedes any prior agreement or understanding, both oral and written.
In the event that any clause of these Terms and Conditions is invalid, loses validity, is or becomes non-binding for any reason whatsoever, that clause will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24. Language
The original text of the following General Terms and Conditions is in Italian.
In the case of a conflict between the versions of the General Terms and Conditions provided in a language other than Italian and accepted by the Customer, the meaning and interpretation of the General Terms and Conditions in Italian shall prevail.
25. Applicable law and competent court
The This Terms and Conditions are governed exclusively by and shall be interpreted in accordance with Italian law. As a consumer who is usually resident in one of the Member States of the European Union, the Customer may also benefit from the protection offered by the mandatory rules of their Country of residence.
Any dispute which is not amicably resolved will be subjected to the non-exclusive jurisdiction of the Court of Florence, Italy. As a consumer, the Customer also has the right to appeal to the courts of the Member State of the European Union where they reside or are domiciled.
For Customers residing in a European Member State, in accordance with EU Reg. No. 524/2013, the Customer can request out-of-court dispute resolution online by accessing the following link: https://ec.europa.eu/consumers/odr.
SMNOVELLA invites the Customers to contact Client Service to discuss any problematic issues or to leave a comment, or suggestion, through the methods indicated in Section 17.