GENERAL TERMS AND CONDITIONS OF ONLINE SALE
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, in via della Scala 16, entered in the Companies Register of the Chamber of Commerce of Florence with REA No. IT09090000006252 and VAT No. 00459370482, telephone number +39 055 4368315 email address email@example.com, subject to the management and coordination of Italmobiliare S.p.A., Tax Code 00796400158 (for more information see the Contacts section on the website buy.smnovella.eu/contacts).
SMNOVELLA industrially produces and sells items of perfumery, cosmetics, herbalism, food and alcoholic drinks (hereinafter “Products”), through experience gained from more than four centuries of operations.
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. Should the Customer desire to receive such kind of invoice, then the Customer is required to contact our customer service at firstname.lastname@example.org before placing an order.
By agreeing to these General Terms and Conditions, the Customer undertakes to carefully read the terms indicated below, which will be specifically signed in order to confirm that they are fully understood:
- Transfer of the risk and properties of the Products (Art. 16);
- Right of withdrawal (Art. 17);
- Legal guarantees of sale and Faulty Product return (Art. 19);
- Limitation of SMNOVELLA’s liability (Art. 21);
- Termination of the Contract and Express Termination Clause (Art. 27);
- Applicable law and Competent court (Art. 34).
[Double-click and upon confirmation the user is asked to enter their first and last name qualifying it as an electronic signature, even if it is not]
Table of Contents
- 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 as a guest Customer
- Conclusion and effectiveness of the Contract
- Availability of Products
- Availability of the service
- Payment methods
- Payment security
- Shipping and Delivery
- Delivery impossibility
- Gift box
- Transfer of the risk and properties of the Products
- Right of withdrawal
- Product Replacement
- Legal guarantees of sale and faulty Product return
- SMNOVELLA’s liability
- Limitation of SMNOVELLA’s liability
- Customer’s obligations
- Complaints - Communications - Information
- Intellectual property
- Assignment of the Contract
- Termination of the Contract and Express Termination Clause
- Changes to the General Terms and Conditions
- Integrity of the General Terms and Conditions
- Ineffectiveness of individual clauses
- Contract archiving methods
- Applicable law and competent court
- Comments and suggestions
“Online sales 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;
“SMNOVELLA”: the seller, related company or subsidiary, their respective managers, representatives, shareholders and employees;
“Customer”/“Customers”: the buyer/buyers as end consumers;
“Guest Customer”: A Customer who makes a purchase via the Website, without creating a personal account;
“Registered Customer”: A Customer who makes a purchase via the Website, by using its personal account;
“My Account”: registered Customer’s 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];
“Social Connect”: functionality that allows Customers to use their Facebook, or Google, or Twitter, or Linkedin, or Amazon account to identify themselves, in order to simplify the registration procedure;
“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 online
These General Terms and Conditions govern the terms of the retail online sales Contract between the Parties, via the Website [https://eu.smnovella.com/], as indicated in the Introduction, which form an integral part thereof.
Each Order placed using the Website is deemed to indicate full agreement with these General Terms and Conditions.
The General Terms and Conditions are easily to access on the page [https://eu.smnovella.com/pages/terms-and-conditions] 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 [https://eu.smnovella.com/]. The sale takes place by means of telematic tools made available by SMNOVELLA
The Products offered for sale on this 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]. All descriptions of Products, information and materials that appear on this Website are provided ‘as is’ and without any explicit or implicit guarantees, without prejudice to those provided for by law.
The choice of purchase of the Product is the sole responsibility of the Customer.
4. Usability of the Website by the Customer
The online sales service is only reserved for our Customers who are over 18 years old or in any case who have the full capacity to act and conclude the Online sales 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 [https://eu.smnovella.com/] 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 requirements 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 [https://eu.smnovella.com/].
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.
Via "My Account" the Customer can have access various areas:
- i) “Personal information”: 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;
- ii) “Historical purchases”: area via which the Customer can view its purchase history;
iii) “Orders placed”: area via which the Customer can see 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 delivered to the carrier;
- iv) “Received”: area via which the Customer can view invoices or other equivalent documents issued by SMNOVELLA. The Customer, in any case, shall receive the documents relating to each Order concluded to the email address provided during registration and in paper format together with the Products ordered.
The Customer undertakes to only provide SMNOVELLA with complete, accurate and up-to-date information. In the case of incomplete or incorrect information, SMNOVELLA reserves the right not to proceed with the purchase Order sent by the Customer.
The Customer is solely responsible for the accuracy of the information provided to SMNOVELLA. In the case of a change to the personal data supplied, the Customer is obliged to 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 freely de-register and delete their registration by sending a simple communication to the following email address [email@example.com] without giving any reasons. SMNOVELLA will confirm the cancellation to the Customer.
6. Purchase as a guest Customer
The guest Customer will be able to complete their Order without registering via the Website. The guest Customer only needs to provide the information necessary to manage their Order (email address of the guest Customer, billing address, delivery address of the Product and credit card details for payment).
Before the end of the purchase process, the guest Customer will in any case be able to register.
7. Conclusion and effectiveness of the Contract
The Contract is concluded exclusively by the Website [https://eu.smnovella.com/].
The sending of the Order by the Customer to SMNOVELLA entails the obligation to pay the price of the Product. By sending the Order, the Customer expressly agrees to this obligation.
A guest Customer or a registered Customer can perform their purchase online as follows.
To place their Order the Customer will need to read the Product Sheet carefully and, if considered adequate for their needs 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 within the “Cart” area.
The contents of the “Cart” area can be displayed and/or amended by the Customer at any time before confirming the Order. To delete one or more Products from the “Cart” area, the Customer 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, the Customer must click on the “Proceed with Purchase” link, provide, unless previously provided during the registration procedure (Registered Customer) delivery information, billing information if different from that of delivery and that needed to make the payment, by clicking on “Confirm Order and Pay”.
Before sending the Order, the Customer is obliged to:
- carefully read the Product Sheet;
- ii) check the details of their Order and the correctness of the data provided;
iii) carefully read and expressly agree to the Privacy rules and cookies, in addition to these General Terms and Conditions, by clicking “I have read and agree to the General Terms and Conditions of Sale online”;
- iv) proceed with the payment of the price by clicking on “Authorise payment”.
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 Art. 8 below);
- they have been found to be in exceptional circumstances that have obliged SMNOVELLA not to accept the Order.
Once the Customer’s Order has been received, subject to SMNOVELLA’s rejection as specified above, the Contract is concluded.
SMNOVELLA will send a communication to the Customer’s email address containing the details of the Order. The Customer will pay immediately, receiving the invoice also in paper format together with the Products purchased.
8. Availability of Products
SMNOVELLA guarantees the guest real-time processing of the Order, communicating the delivery time for the Product ordered without delay.
The Products offered for sale by SMNOVELLA are available within the limits of stock.
SMNOVELLA reserves the right to remove Products published on the Website at any time.
If, following an Order, SMNOVELLA finds that the Products ordered are unavailable, it shall communicate this to the Customer without delay, indicating any waiting times. As a result of this communication, the Customer will be able to confirm or cancel the Order, obtaining, in the latter case, a refund of the amount paid.
In case of the unavailability of one or more Products, SMNOVELLA will not charge the Customer’s account for the unavailable Product.
SMNOVELLA offers a retail sale of Products service and, for this reason, reserves the right to refuse to accept orders involving more than 10 Products.
9. Availability of the service
The Products will only be delivered 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, Italy, Farœ Islands, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, North Macedonia, Norway, The Netherlands, Poland, Portugal, Romania, Serbia, Switzerland, Slovakia, Slovenia, Spain, Sweden, Turkey and Ukraine.
SMNOVELLA reserves the right, at its own unquestionable discretion, to restrict the availability of the service to only some of the Countries listed above.
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.
The price is present 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), as 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 shown more clearly in the Art. 13 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. The Customer is therefore asked to pay attention to the price in force when sending the Order.
For Orders with planned deliveries to Albania, Bosnia & Herzegovina, Guernsey, Iceland, Farœ Islands, Liechtenstein, North Macedonia, Montenegro, Norway, Serbia, Switzerland, Turkey, and Ukraine, 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, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden the price includes VAT and ,import duties, if any, and should such Orders amount to a minimum of € 150,00, the price shall include also the costs of standard deliveries.
Any provisions different from those hereinabove shall be clarified to the Customer during the purchase process, and shall prevail to the provisions of this Section 10.
11. Payment methods
The Customer can only pay with a credit card using one of the following circuits: Visa, Mastercard and American Express.
The Online sales shall not take place, should the Customer ask an invoice is issued in its name with regard to the purchase of Products. In these cases, the Customer shall order the Products via the telephone service or through the service [firstname.lastname@example.org].
For any assistance relating to billing, the Customer may contact SMNOVELLA’s customer service at [email@example.com]
12. Payment security
The security of information exchanged on its Website is very important to SMNOVELLA, and in particular that relating to payments.
To ensure the transaction is totally protected, SMNOVELLA uses the secure payment system in SSL (Secure Sockets Layer) encryption mode and the 3D Secure security system provided by Mercury (Banca Intesa Group).
3D Secure is a fraud prevention protection system that allows you to make online purchases with a credit card as securely as possible. 3D Secure can be used by people who use a card from the Visa or Mastercard circuit.
After entering the credit card details, you will need to confirm your payment using the 3D Secure security protocol (Mastercard SecureCode or Verified by Visa).
The same safety is ensured for purchases made using American Express for which SMNOVELLA has adopted the Safekey system.
Via this system, each credit card will be combined with a secret and personal password, generated at the time. The data provided by the Customer will therefore remain confidential.
13. Shipping and delivery
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.
- “standard” delivery (DHL Economy Select): standard delivery takes approximately 3-5 working days to deliver the package, after it has been prepared.
- “express” delivery (DHL Express Worldwide): 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 when selecting the delivery method and in any event within a maximum period of 30 days from the Order confirmation date.
In the 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.
14. Delivery impossibility
If it is not possible to deliver the Product(s) ordered for reasons attributable to the Customer, SMNOVELLA will leave a note indicating where it is stored and how to collect it or book a new delivery. The Customer can contact SMNOVELLA to agree other procedures. After 30 days from the Order confirmation date without the Product having been delivered/collected by the Customer, the Contract will be deemed terminated for reasons attributable to the Customer.
SMNOVELLA will return the cost of a Product that is still saleable, which will be ascertained by SMNOVELLA. The shipping/delivery costs will be charged to the Customer.
15. Gift box
The Customer may also request a gift box, for one or several Products. A gift box can be purchased up to a maximum of one per Product or for a set of Products.
The gift box has a fixed cost notified during checkout and may be requested by the Customer before sending the Order by filling in the appropriate field. SMNOVELLA reserves the right to suggest the most suitable box for the number and size of the Product/s.
The Customer may also request that the Product, with the gift box, is delivered to a third party (hereinafter “Gift”).
16. Transfer of the risk and properties of the Products
The Customer assumes the risk of loss or damage of the Products when the Customer (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.
17. Right of withdrawal
In the countries of the European Union, the Customer as the consumer has 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. Where provided by individual Member States, SMNOVELLA shall not collect the price during such the period.
In order to be able to notify SMNOVELLA of the exercising of the right of withdrawal, the Customer must send, within 14 days of receipt of the Product by the Customer or by the third party indicated in the Order, notification to Customer Services at the following email address [firstname.lastname@example.org], using the form received inside the pack or via an email by univocally communicating their desire to withdraw. In order to meet the withdrawal deadline, it is sufficient for the notification concerning the exercising of the right of withdrawal to be sent before the expiry of the withdrawal period.
Customer Services will check the regularity of the procedures for exercising the right of withdrawal by the Customer and in the case of a positive outcome will provide an RMA (Return Merchandise Authorisation) number. Without the RMA number, the Customer will be unable to return the Product.
The Customer must return the Product to SMNOVELLA within 14 days from the date of receipt of the aforesaid communication. To return the Product the Customer must only 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 Customer Services according to the instructions in the form “Return/Exchange Policy”. In order to meet the withdrawal deadline, the Customer just needs to return the Products before the expiry of the withdrawal period.
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 14 days from the exercising of the right of withdrawal, will refund the Customer the entire amount paid by them. The refund will be made by the same method as used by the Customer to make the payment, except in the case where the Product was purchased as a gift. The third-party gift recipient may, upon presentation of the accompanying document sent together with the Product, ask SMNOVELLA to exchange the Product exclusively with another of an equal or higher price.
SMNOVELLA reserves the right to suspend the refund until receipt of the Product that is the subject of the withdrawal. 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.
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.
The Customer will bear the risks of returning Products as well as the decrease in the value of the Products resulting from the handling of goods other than that necessary to determine the nature, characteristics and operation of the goods.
For non-EU countries, the right of withdrawal referred to in this article shall not apply and, therefore, SMNOVELLA shall by fully entitled to decide whether or not to accept a Customer’s request, except in cases in which a Product is faulty.
In any case, returns, even if authorised, will need to be at the expense and under the responsibility of the Customer.
In the event of any queries or requests, the Customer can contact SMNOVELLA by using the contact form or by emailing the address [email@example.com].
18. Product replacement
Again as regards EU countries, except as provided for in the previous article, the Customers may, if they wish, replace the Product(s) purchased within 14 days from delivery, by contacting Customer Services at the following email address [firstname.lastname@example.org].
Customer Services will provide the Customer with an RMA number that must be entered in the form provided by SMNOVELLA in the delivery pack of the Product. The shipping cost in case of replacing the Product is charged to 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 change authorisation on receipt of the Product in order to check the integrity of the Product itself. After assessing the conditions of the Product, 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 as provided for in the previous article.
If the Customers want to, they can make a new purchase, as provided by these General Terms and Conditions.
In the light of the experience gained, there are, by way of example, some cases in which the change request cannot be accepted:
- Opened and incomplete packages;
- Open bottles in which even the smallest part of the Product has been used;
- Products in which the cellophane, if present, is not intact.
19. Legal guarantees of sale and faulty Product return
SMNOVELLA guarantees the Customer that the Products will be free from manufacturing and material defects as well as in accordance with the descriptions published on the Website, providing the legal guarantee of compliance.
It is understood that the Products comply with the Contract if (i) they comply with the description given and have the qualities presented on the Website, (ii) are suitable for the use for which they are normally intended, (iii) show quality and characteristics which are normal in goods of the same type and which can be reasonably expected.
Once the Product has been received, the Customer must check its compliance.
In the case in which the Customer is aware that the Product received is faulty or does not conform to the terms provided by the Order sent or by these General Terms and Conditions, they must notify SMNOVELLA Customer Services immediately using the email address [email@example.com] indicating the Order details and the differences found in the Product received.
SMNOVELLA will provide the Customer with the information necessary to be able to return the Product. These guidelines do not in any way constitute recognition of defects or non-compliances, whose existence must then be established once SMNOVELLA has received and examined 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. If the Product is not covered by a guarantee, it will be returned to the Customer. Otherwise, SMNOVELLA will communicate whether it intends to proceed with the Product repair/replacement or refund the entire amount received by the Customer.
The Product refund and/or replacement will be carried out as soon as possible and in any case within 14 days from the sending date of the acknowledgment by SMNOVELLA to proceed with the refund or the repair or replacement of the Product. In the case of a refund, the amount paid will be returned in full, including the delivery costs incurred to send the Product and for the refund. The refund will be made by the payment method used to make the purchase.
The delivery costs for the return to SMNOVELLA of Products to be repaired or replaced, as well as all costs for the delivery to the Customer of the repaired or replaced Products will be solely borne by SMNOVELLA.
It is pointed out that European legislation, in relation to the sale and guarantee of a consumption good, provides for a minimum legal guarantee of 2 years. The individual Member States may require the consumer to report the defect found within 2 months from its discovery. Defects found within 6 months after delivery of the Product, are presumed, until proof to the contrary, already existing at the time of delivery.
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.
The legal guarantee of compliance is always applicable, provided that the Customer can provide the purchase receipt only.
20. 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 which are essential for the provision of the Products. In this case, it is only liable for losses and damages that were reasonably foreseeable at the time of the Order.
That laid down in this paragraph does not limit or exclude rights provided for consumer protection or SMNOVELLA’s liability for damages resulting from death or injury or damage to health, due to a breach of a guarantee or for fraudulently concealed defects.
21. Limitation of SMNOVELLA’s liability
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.
SMNOVELLA’s liability will in any case be limited to a maximum amount equal to the value of the Order.
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.
These provisions do not restrict the statutory rights recognised to consumers by the legislation in force in the individual countries they live in.
22. Customer’s obligations
By agreeing to these General Terms and Conditions, the Customer undertakes to:
- comply with all their obligations arising from these General Terms and Conditions and the applicable legislation;
- provide correct and truthful information;
- pay the price of the Product purchased to SMNOVELLA, in the times indicated in these General Terms and Conditions;
- keep, store and use the Product in accordance with the precautions and minimum measures indicated by SMNOVELLA, in addition to those necessary related to the nature of the products themselves;
- hold harmless and indemnify SMNOVELLA from any liability, cost or expense, including legal fees, arising from the breach of these General Terms and Conditions.
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.
24. Complaints - Communications - Information
For any information or complaint, or for any communication relating to these General Terms and Conditions, the Customer will need to contact Customer Service at the email address [firstname.lastname@example.org], indicated in the footer of the Website or send an email to the following address [email@example.com] or via the Website in the “Contact us” section. The Customer can also contact SMNOVELLA by telephone at the number +39 055 5324343 at the rate applied by the Customer’s telephone operator.
Under the applicable regulations, SMNOVELLA will inform the Customer by means of electronic communications (either by email to the address provided or via My Account in the case of a registered Customer). This communication method is accepted by the Customer.
25. 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. 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.
26. 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.
27. Termination of the Contract and Express Termination Clause
The obligations assumed by the Customer, as well as the guarantee of the payment that the Customer must make are essential, so that the failure by the Customer of only one of said obligations will lead to the legal termination of the Contract pursuant to Art.1456 of the [Italian] Civil Code. SMNOVELLA will inform the Customer by email at the address indicated during registration, of the termination and, in relation to the seriousness of the breach of the cancellation of My Account.
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.
Any waiver of the Customer will be notified in writing to the following email address [firstname.lastname@example.org] or the use of the procedures indicated in Art. 24 above.
29. 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 and to improve existing features or to add additional features or otherwise implement the Website. The changes will be communicated to the Customer in appropriate forms and times. The Customer can always reject such changes, even by deleting their My Account, provided it is implemented in contracts previously concluded. The use of the site following the date of entry into force of the changes involves their total acceptance.
30. 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.
For this reason the parties, in the exercise of their rights and obligations, shall only rely on that expressly stated in these General Terms and Conditions.
31. Ineffectiveness of individual clauses
In the event that any clause of these Terms and Conditions is invalid, loses validity, is or becomes non-binding, the other clauses provided for in these General Terms and Conditions will continue to be valid and binding. In this case, SMNOVELLA will replace the afore-mentioned clause with a clause that is valid and binding, which has an effect as similar as possible to that being replaced and that the Customer undertakes to accept in respect of the content and the purposes of these General Terms and Conditions.
32. Contract archiving methods
Each Order confirmation sent to the Customer will be kept in digital format, at the registered office of SMNOVELLA, in respect of that established by EU Reg. 2016/679.
The original text of the following General Terms and Conditions is in Italian.
There are also versions available in the following languages: English, Spanish, French and German.
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.
34. Applicable law and competent court
Relations between SMNOVELLA and the Customer are governed exclusively by Italian law. In any case, the Customer, as a consumer who is usually resident in one of the Member States of the European Union, also benefits 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. 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.
With a view to an amicable solution to disputes, SMNOVELLA invites Customers to contact Customer Services to discuss any problematic issues before undertaking judicial initiatives.
35. Comments and suggestions
SMNOVELLA pay a lot of attention to Customers’ comments and suggestions.
To this end, the Customer can contact our Customer Services: by telephone at +39 055 5324343, via email email@example.com or via the Website https://www.eu.smnovella.com/.
The undersigned, in their capacity as a consumer, declares having read, examined and have clearly understood, pursuant to Art. 1341 of the [Italian] Civil Code and 1342 of the [Italian] Civil Code and in accordance with the provisions of the Consumer Code Legislative Decree No. 206 of 2005, if applicable, the following clauses:
- Transfer of the risk and properties of the Products (Art. 16);
- Right of withdrawal (Art. 17);
- Legal guarantees of sale and Faulty Product return (Art. 19);
- Limitation of SMNOVELLA’s liability (Art. 21);
- Termination of the Contract and Express Termination Clause (Art. 27);
- Applicable law and Competent court (Art. 34).