General Terms and Conditions of Sale of Dispar S.p.a.

Version May 2022
  1. Object of the contract and service recipients
    • Dispar S.p.a. (“Dispar”) is a company specialized in creation, manufacturing and marketing of refined fragrances, essences and artisanal perfumes bearing the trademark “Il Profvmo” (“Products”).
    • DISPAR ecommerce (“Online shop”) hosted on the website ilprofvmo.com (“Website”), IS EXCLUSIVELY INTENDED FOR THE FINAL CONSUMER (“Consumer(s)”) meaning natural person that makes purchases for purposes outside his trade, business, craft or profession.
  2. Contract documents
    • These TERMS – published and available on the Website – APPLY TO ALL PURCHASE CONTRACTS CONCLUDED BY THE CONSUMERS THROUGH THE ONLINE SHOP OR BY EXCHANGE OF EMAILS (“CONTRACT(S)”), and prevail over any other agreements.
    • Each Contract is therefore governed by
      • these Terms and
      • by the order transmitted through the Online shop (“Order”), if and as accepted by Dispar.
    • These Terms and the Contracts are exclusively governed by the Italian law, in particular by the Italian Consumer Code (Legislative Decree n. 206 of 06/09/2005 and subsequent amendments and additions), without prejudice to the application of any more favourable national law in favour of Consumers.
  3. Personal data Dispar processes the Consumers personal data in accordance with the Cookie & Privacy Policy available on the Website.
  4. 4. Registration, conclusion of the Contract and condition precedent
    • The Consumer places the Order on the Online shop:
      • by choosing the Products among those available and adding them to the online cart
      • by creating the personal account
      • by filling in the delivery data and selecting shipping method
      • by paying the price with the available methods, and
      • by sending the Order following the instructions.
    • When Dispar sends the order confirmation to the Consumer (“Order Confirmation”), the Contract shall be deemed concluded conditional on reception of the Products payment, except the case of payment Cash on delivery (payment on delivery).
  5. Modification and cancellation of the Order Until the moment of shipment of the Products, the Consumer has the right to cancel and/or modify the Order by calling 06.98264250. Where cancellation or modification is allowed, Dispar provides the full and/or partial refund of the price paid by the Consumer, deducted any charges related to the reimbursement incurred by Dispar.
  6. Gift Card
    • Virtual gift cards (“Gift Card(s)”) may be purchased and used by the Consumer prior registration.
    • The Consumer can use the Gift Card for any number of purchases of Product on the Site until its value is exhausted. Gift cards cannot be used to purchase another Gift Card.
    • Following the instructions, the Consumer can give a Gift Card, asking Dispar to send it or sending it himself (by downloading the Gift Card from the section “your gift cards” on his reserved area).
    • If the Gift Card has not been used (even partially), the Consumer has the right of withdrawal from the purchase of the Gift Card, according to the times and procedures provided in article 13 hereinafter.
  7. Discovery box In case of purchase of a discovery set – composed of 2ml ampoules of fragrances (“Discovery box”) – the Consumer receives a personal discount voucher of the amount indicated on the Website at the time of purchase. The voucher can only be used by the same Consumer who has purchased the Discovery box for purchasing of Products whose value exceeds the amount communicated in the Online Store.
  8. Prices. Payment methods
    • The prices applied are those indicated on the Website at the time of the Order. The prices are inclusive of VAT. The prices do not include shipping and delivery costs that are quantified before the Order.
    • The Consumer shall be liable for any costs, charges, taxes and/or duty that his country may apply to the Products, for any reason.
    • Payment can be made using the methods available on the Online Store, including, by way of example, Credit card, Bank transfer, Paypal©, Cash on delivery.
  9. Shipping, delivery and Products availability
    • Unless otherwise communicated, THE TIME OF SHIPMENT OF THE PRODUCTS DEPENDS ON THE PAYMENT METHOD CHOSEN BY THE CONSUMER. Therefore, if
      • il THE PAYMENT IS MADE AT THE SAME TIME AS ORDER IS PLACED (for example, payment by Credit card or by Paypal) OR IS PAYMENT AT THE TIME OF DELIVERY (Cash on delivery), THE SHIPPING OF THE PRODUCTS TAKES PLACE IN THE TIMES GIVEN IN THE ONLINE SHOP (NORMALLY WITHIN 48-96 HOURS FROM THE PAYMENT DATE, WITHOUT PREJUDICE TO STOP DURING PUBLIC HOLIDAYS AND HOLIDAY BREAKS AND ANY PERIODS OF UNAVAILABILITY OF THE LOGISTICS SERVICE);
      • THE PAYMENT IS MADE BY ADVANCE BANK TRANSFER, THE SHIPPING OF THE PRODUCTS TAKES PLACE WITHIN THE ABOVE-MENTIONED TIME LIMITS STARTING FROM THE RECEIPT OF THE PAYMENT.
    • In any case, the delivery time indicated on the Website – or the different one communicated to the Consumer – shall be deemed indicative only. In any case, the delivery time respects the delay of thirty days provided in favor of Consumers, except in cases of force majeure.
  10. Products availability Rarely, IT MAY HAPPEN THAT SOME OR ALL THE PURCHASED PRODUCTS ARE NOT AVAILABLE, in such cases DISPAR PROMPTLY INFORMS THE CONSUMER AND REFUNDS THE AMOUNTS ALREADY PAID, using the same payments method chosen by the Consumer for the purchase, if possible.
  11. Recommendations about the reception of the delivery. Dispar recommends Consumers to always:
    • a. carry out the appropriate checks at the time of delivery, in particular by verifying that THE PACKAGING IS INTACT (UNDAMAGED, NOT WET NOR OPEN);
    • b. ACCEPT THE DELIVERY “SUBJECT TO VERIFICATION” and to promptly formalize any SPECIFIC CLAIMS ON THE NUMBER OF PACKAGES AND/OR ON THE CONDITIONS OF THE PACKAGING;
    • c. INFORM DISPAR OF THE ABOVE CIRCUMSTANCES at the contact details published on the Website, attaching the relevant photographic documentations.
  12. Right of withdrawal. Mode and effects
    • The Consumer who purchased on the Online shop CAN EXERCISE THE RIGHT OF WITHDRAWAL (“WITHDRAWAL”) FROM THE CONTRACT WITHIN 14 (FOURTEEN) DAYS OF RECEIPT OF THE PRODUCTS, BY SENDING A COMMUNICATION TO DISPAR AT THE EMAIL ADDRESS info@ilprofvmo.it.
    • The Consumer who exercises the Withdrawal within the abovementioned deadline:
      • RETURNS THE PRODUCTS TO DISPAR WITHIN 14 (FOURTEEN) DAYS FROM THE COMMUNICATION OF THE WITHDRAWAL, according to Dispar instructions;
      • BEARS THE FULL COST OF RETURNING OF THE PRODUCTS SUBJECT TO WITHDRAWAL and
      • RETURNS THE PRODUCTS INTACT AND SEALED IN THE ORIGINAL BOX, complete with the packaging and relevant document.
    • After the verification that all the above conditions are met, DISPAR WILL REFUND THE PRICE PAID FOR THE PURCHASE OF THE PRODUCTS SUBJECT TO WITHDRAWAL AND RETURNED within 14 (fourteen) days from receipt of the returned goods, using the same payments method chosen by the Consumer for the purchase, if possible.
    • THE REFUND DOES NOT INCLUDE THE ADDITIONAL COSTS RELATED TO THE CONSUMER CHOICE OF A DELIVERY OPTION OTHER THAN STANDARD DELIVERY, i.e. the cheapest delivery for the shipped Products.
    • WHEN ONE ORDER INCLUDES MORE PRODUCTS, THE REFUND IS LIMITED TO THE DELIVERY COSTS RELATED TO THE PRODUCT(S) FOR WHICH THE WITHDRAWAL IS EXERCISED that is assumed to be the amount obtained by dividing the total delivery costs paid by the Consumer and the number of Products objects of the Order.
  13. Liability of the Consumer for the loss of value of the Product Whenever the Withdrawal is exercised, THE CONSUMER IS LIABLE FOR THE LOSS OF VALUE OF THE PRODUCT WHICH AIMS TO RETURN THAT MAY BE DUE TO ANY USE AND HANDLING NOT NECESSARY FOR THE PURPOSES OF DETERMINING NATURE, FEATURES AND FUNCTIONING OF THE PRODUCT.
  14. Warranty. Duration, exercise and remedies. Deadline for the claim
    • Dispar warrants the quality of the Products and, moreover, that Products are compliant with the relevant product sheet and their compliance with the laws and the health, technical and security standards applicable pursuant to Italian and European Law.
    • DISPAR ALSO WARRANTS THAT THE PRODUCTS ARE FREE FROM ANY LACK OF CONFORMITY TOWARDS THE CONSUMERS, FOR THE PERIOD OF 2 (TWO) YEARS FROM THE DATE OF DELIVERY, COULD THE CONSUMER REPORTS THE LACK OF CONFORMITY WITHIN 26 (TWENTY-SIX) MONTHS FROM THE DATE OF THE DELIVERY, as prescribed by articles 128 and following of the Italian Consumer Code, without prejudice to the following.
    • The Consumer who intends to complaint the lack of conformity of the Products must promptly inform Dispar AT THE CONTACT DETAILS PUBLISHED ON THE ONLINE SHOP.
    • Once assessed the existence of the claimed lack of conformity, Dispar will send to the Consumer the instructions for the available remedy in accordance with Article 135 bis of the Italian Consumer Code.
  15. Exclusion of the warranty IT’S EXPRESSLY EXCLUDED ANY WARRANTY FOR FAULT AND/OR MANUFACTURING DEFECTS AND/OR NON-COMPLIANCE THAT MAY OCCUR IN RELATION TO AND AS A RESULT OF AN IMPROPER USE, DIVERGENT FROM THE INDICATIONS AND INSTRUCTIONS RELATED TO THE PRODUCT – INCLUDING THE ONES PROVIDED BY DISPAR PREVIOUSLY AND AFTER THE SALE – OR OF AN INADEQUATE OR ANYWAY NEGLIGENT, CARELESS AND INEXPERIENCED CONSERVATION, considered the nature and the features of the Products. In particular, the Consumer acknowledges and accepts that the Products are susceptible to alterations that do not depend on the activity of Dispar, such as, by way of example, the exposure of the Product to direct light and/or heat sources, the use after a long period of time after delivery.
  16. ODR platform. Complaint submission In case of any dispute, the Consumer may submit a complaint via the ODR platform established by the Regulation (EU) n. 524/2013, filling in the electronic form available in the official languages of the european Union. The e-mail address of Dispar to be indicated in the European ODR Platform is: info@dispar.it. In any case, any disputes between the Consumer and Dispar will be subject to the jurisdiction of the Consumer’s place of residence or domicile.
  17. Invitation Consumers are invited to inform Dispar about any disservice they deem to have suffered or, however, about any dissatisfaction by sending an email at the address indicated on the Website. Dispar undertakes to seek an amicable settlement of the dispute.
  18. Provisions for the professionals The Terms apply to professionals who purchase with VAT, with the exclusion of the following provisions:
    • professionals cannot exercise the right of withdrawal provided by the Consumer Code;
    • the warranty period is one year from the date of delivery and professionals must notify any fault and/or manufacturing defects and/or non-compliance of the Products within 8 (eight) days from the date of discovery, for hidden defects, or from the date of delivery, for patent defects, in accordance with articles 1490 and following of the Italian Civil Code;
    • all disputes arising out of contract between the professional and Dispar shall be exclusively settled by the Court of Rome, Italy.