Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE
1.1. The sale of “MARCO DE VINCENZO” branded products to you through this site (hereinafter referred to as the "Website") is governed by these General Terms and Conditions of Sale. The products offered on the Website (the "Products") are sold directly by MARCO DE VINCENZO SRL (hereinafter referred to as “MARCO DE VINCENZO”). MARCO DE VINCENZO is a company incorporated under Italian law, with registered office at Via Nomentana, 251 – CAP 00161 ROME – ITALY, IVA IT11264391001, registration number in ROME, REA n. 1126439100.
1.2. The purchase of goods via this Website and governed by these General Terms and Conditions of Sale are exclusively reserved to consumers (hereinafter referred to "you"). As a consumer you may only purchase Products from this Website if you are a natural person i.e. an individual, and are acting for purposes not related to any business, entrepreneurial, artisanal or professional activities. You may only purchase Products from this Website if you are over the age of 18 (or, if younger, authorised by your legal representative).
The resale or transfer of the Products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The Products offered for sale on the Website may only be delivered to an address everywhere in the world beside Russia.
1.4. These General Terms and Conditions of Sale and any contract between MARCO DE VINCENZO and yourself are available in English and Italian.
1.5. The purchase of the Products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time of your purchase and in force at the time of the relevant purchase.
MARCO DE VINCENZO reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying you. However, any amendments shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale are published online.
Where the General Terms and Conditions of Sale are replaced with a new version the previous version of the General Terms and Conditions of Sale will no longer be applicable, effective or enforceable in relation to any purchases made after such previous version is removed from the Website.
2.1. You acknowledge that the Products offered by MARCO DE VINCENZO on the Website are limited in number and you are therefore aware that MARCO DE VINCENZO shall need to check their availability at the time of order. After placing your order, you will receive an e-mail from us acknowledging that we have received your order. At this point we will check availability and therefore please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 4.2 below.
2.2. Occasionally Products may be unavailable or partially available. This might be because the Product is out of stock, because of unexpected limits on our resources which MARCO DE VINCENZO could not reasonably plan for, because ULTRAPHARUM have identified an error in price or description of the Product or because MARCO DE VINCENZO is unable to meet a delivery deadline specified. In such circumstances, MARCO DE VINCENZO shall inform you promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled, and MARCO DE VINCENZO will not charge you for the Products. Please see paragraph 4.3 below.
In the event the order is only partially available, you will be informed about that. However, you agree and accept to receive only the Products available, unless you have selected on the Website the option to receive the entire order as a whole. In such case MARCO DE VINCENZO will ask you if you either wish to receive the Products that are available or fully cancel the order.
2.3. U MARCO DE VINCENZO reserves the right to vary the Products sold on the Website at any time, without any notice to you.
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product photographic images, unit price, colours and sizes (as appropriate).
3.2. You may purchase one or more Products. MARCO DE VINCENZO reserves the right to vary at any time any such limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by you shall be placed into a special section (hereinafter referred to as the "Shopping Bag"). The Shopping Bag shall contain: a description of the Products, including details of any applicable measurements or sizes; and one or more digital photographic images clearly showing the Products.
3.4. The digital photographic images of the Products provided on the Website and the Shopping Bag are for illustrative purposes only. Although MARCO DE VINCENZO have made every effort to display colours accurately, MARCO DE VINCENZO cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3.5. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page. The purchasing process allows you to check and amend any errors before submitting your order to MARCO DE VINCENZO. Please take the time to read and check your order at each stage of the purchasing process. Before confirming the relevant order (hereafter referred to as the "Order"), be careful to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as you press the relevant final Order confirmation button (hereinafter referred to as the "Buy Button"), thereby validating your Order, which will be directly submitted to MARCO DE VINCENZO.
After pressing the Buy Button, the contents of the Order may no longer be modified by you.
3.7. Before confirming the Order, you are required to confirm that you have read and accepted these General Terms and Conditions of Sale. At the end of the purchasing process, you should save or print off the General Terms and Conditions of Sale for your records.
3.8. The purchasing process as set out in this paragraph 3 must be fully completed. Failure to do so will mean that the Order cannot be submitted to MARCO DE VINCENZO.
3.10. Where you have registered to log in the reserved area of the Website you may check your Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. You are aware that you are responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
Execution of contract
4.1. Once you have confirmed your Order and pressed the Buy Button the Order is submitted to MARCO DE VINCENZO for processing and cannot be further modified or cancelled. The Order placed by you shall only be processed by MARCO DE VINCENZO if the entire purchasing process has been duly completed, without any error being reported by the Website. After placing your Order, you will receive an e-mail from MARCO DE VINCENZO acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. MARCO DE VINCENZO's acceptance of your Order will take place as set out below.
4.2. MARCO DE VINCENZO's acceptance of your order will take place when MARCO DE VINCENZO email you to confirm that the Products are available ("Confirmation Email"), at which point a contract will come into existence between you and MARCO DE VINCENZO.
The Confirmation Email shall be sent to the address you provide in the order form and shall set out a confirmation of the Order and a summary of the details of the Order, such as: the Product's description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on your right of withdrawal and its exercise.
4.3. MARCO DE VINCENZO reserves the right to not accept the Order placed by you, and you will not receive a Confirmation Order, in the following events:
a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between MARCO DE VINCENZO and you relating to a previous Order;
c) you breached the General Terms and Conditions of Sale on previous occasions or have not fulfilled your obligations arising therefrom;
d) MARCO DE VINCENZO become aware that you are purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) You have been involved in, or are suspected of, illegal or fraudulent activities.
In such events, MARCO DE VINCENZO shall inform you by email, within 30 days of the date of receipt of the Order, of the cancellation of the Orders received. In such case, no Order shall be deemed to have been accepted by MARCO DE VINCENZO.
Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT or any relevant applicable local tax. If the rate of VAT changes between your order date and the date MARCO DE VINCENZO supply the Product, MARCO DE VINCENZO will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.2. The relevant prices shall be shown in Euro (EUR) if the Products have to be delivered everywhere in the world beside Russia and in USDollars (USD) if the Products have to be delivered in the United States of America.
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, MARCO DE VINCENZO shall seek your express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by you of the Order by pressing the Buy Button, shall be charged to you, provided that the Products ordered are available in that moment.
MARCO DE VINCENZO reserves the right to modify the prices of the Products offered for sale on the Website at any time without notice.
5.5. MARCO DE VINCENZO only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, you confirm and warrant that you are the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to you only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by you of the debit authorisation, and (iii) MARCO DE VINCENZO's confirmation that the Product is available and, in any event, after the Order is ready to be processed.
5.7. For the purposes of payment through other payment service providers, you confirm and warrant that you are the owner of the account used for the purchase.
You shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from MARCO DE VINCENZO.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by you.
In the event you cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and you shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable and you have decided not to fully cancel the Order, you shall only be charged the price of the available Products and the possible related shipping costs.
6.1. You will receive the Products as soon as they are ready for shipping. The Products shall be delivered to the address indicated by you in the Order. Your signature shall be requested upon delivery of the Products.
6.2. For security reasons, MARCO DE VINCENZO shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries indicated above (paragraph 1.3). In light of the foregoing, any Order entailing delivery outside of these countries shall be automatically rejected upon processing of the Order.
6.4. In the event you are subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. In compliance with the applicable laws currently into force, the term within which MARCO DE VINCENZO is required to deliver the Products purchased is within 30 (thirty) days of the date MARCO DE VINCENZO accept your Order, with the exception of events of force majeure.
6.6. In the event MARCO DE VINCENZO does not deliver the Products ordered within the above timeframe, you may request that MARCO DE VINCENZO deliver such Products within an additional time adequate to the circumstances. However, you have legal rights if MARCO DE VINCENZO deliver any goods late. If MARCO DE VINCENZO miss the delivery deadline for any goods then you may treat the contract at an end straight away. If you do choose to treat the contract as at an end for late delivery under this paragraph, you can cancel your order for any of the goods or reject goods that have been delivered.
6.7. MARCO DE VINCENZO shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and you will receive the Products separately upon their availability to be shipped. MARCO DE VINCENZO may either charge you for the Products as and when these are shipped or as a single payment.
6.8. As soon as the purchased Product is shipped, you shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow you to real-time monitor the delivery.
MARCO DE VINCENZO's Customer Service shall provide the assistance required for any potential problem relating to the delivery. You may contact MARCO DE VINCENZO's Customer Service by email at: email@example.com.
6.10. You shall bear the risk of loss or damage to the Products from the moment in which you, or a third party appointed by you and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to you or a third party appointed by you MARCO DE VINCENZO shall refund you any amounts already paid.
7.1. At the time of delivery, you are required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of "MARCO DE VINCENZO" Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to you.
7.2. In the event the Products delivered are of unsatisfactory quality, unfit for purpose or not as described, you shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, you may request a reasonable reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that you shall lose such right if you do not notify MARCO DE VINCENZO the lack of conformity of the Product within 14 (fourteen) days of the date the defect was discovered, MARCO DE VINCENZO is only liable of the lack of conformity of the Products revealed within 30 (thirty) days from the delivery of the corresponding Product.
7.3. In order to notify the existence of product defects and lacks of conformity and to demand one of the remedies listed above, you may contact MARCO DE VINCENZO at the addresses indicated in paragraph 12 below.
Returns and refunds - Withdrawal
8.1. You have the right to withdraw from the contract within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
8.2. In order to exercise the right of withdrawal, you may use the specific form accessible in the "Returns" section of the Website or directly in the "My Account" section if you are registered on the Website. To this end, you should: (i) fill in the online form with the information required, specifying the address, telephone number and the selected date and time of the collection of the parcel, such date to be confirmed with the courier.
(ii) after receiving the precompiled sticker from the MARCO DE VINCENZO Client Service, you should apply the sticker outside the box with the return address found therein, (iii) waiting for the arrival of the courier to consign the shipment.
8.3. In the event you comply with the procedure set forth in the preceding paragraph, the courier appointed by MARCO DE VINCENZO shall collect the parcel containing the Products to be returned with no charges to you.
If, on the other hand, you do not comply with such procedure, but you inform us of cancellation by making an unequivocal communication of your decision to cancel, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by you.
8.5. You undertake to return the Products for which you have exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to MARCO DE VINCENZO.
8.6. Products must be returned in the same conditions in which they were delivered. You must therefore ensure that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. You are also informed that, based on security and hygienic-sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. MARCO DE VINCENZO shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
MARCO DE VINCENZO reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by you strictly necessary to ascertain the nature and features of the Product purchased.
In the event the return is rejected, MARCO DE VINCENZO shall send a specific notice to you and shall consequently not proceed to credit the amount paid by you, reserving as well the right to claim compensation for any damage attributable to your behaviour.
8.7. MARCO DE VINCENZO shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which MARCO DE VINCENZO becomes aware of the exercise by you of the right of withdrawal.
In any event, MARCO DE VINCENZO reserves the right to withhold the refund either until receipt and verification of the Product or until proof by you that you have returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by you with the same payment method used for the purchase, unless otherwise expressly agreed by you and provided that no additional costs are incurred as a result of the refund.
MARCO DE VINCENZO shall inform you by email of refund of the amount.
8.8. MARCO DE VINCENZO shall not be under the obligation to refund the delivery costs of the Products in the event you have specifically selected a delivery method other than the standard delivery offered by MARCO DE VINCENZO.
8.9. The return of Products under this section is only permitted in respect of purchases made on the Website.
Limitation of liability
9.1. Except in the event of wilful misconduct or gross negligence, MARCO DE VINCENZO shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
Product authenticity and intellectual property rights
10.1. ULTRAPHARUM warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The "MARCO DE VINCENZO" trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the "MARCO DE VINCENZO" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of MARCO DE VINCENZO. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
11.1. The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the customer applicable in the country of habitual residence of the customer.
11.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where you are domiciled or resident. In the event that your domicile or residence is not located in Italy, you may, at your election, refer the matter either to the court of the place where you are domiciled or resident or to the Milan courts.
Alternatively, the customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale, you may send an email to the following address: firstname.lastname@example.org contacting the E-commerce Client Service,
Last updated: October 23th, 2020