GENERAL CONDITIONS OF SALE

Website publication and entry into force date 11/10/2022

 

1. Subject

1.1. These general terms and conditions of sale (hereinafter also referred to as the “Conditions”) apply to the purchase of “Philosophy di Lorenzo Serafini” branded products (hereinafter also referred to as the “Products” or in the singular “Product”) made through the e-commerce website www.philosophyofficial.com (hereinafter the “Website”) by users who can be described as “Consumers” pursuant to Article 1.2 below.

If the purchase is made from an external reseller, these conditions will not be applicable. The customer service and the other content on this page are aimed only at consumers who purchase through the website www.philosophyofficial.com.

The Website, owned by AEFFE RETAL SPA, with registered office in Via delle Querce 51, San Giovanni in Marignano (RN), Italy, tax code, VAT number and registration number with the Rimini Register of Companies 01928480407, R.E.A. n. RN - 281191, ADEME CODE FR325829_01GTMQ (hereinafter “Proprietor”) is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126, Milan, Italy, with tax ID number, VAT number and registration number with the Milan Register of Companies 02912880966 (hereinafter “TRIBOO DIGITALE”).

1.2. TRIBOO DIGITALE handles the sale of the Products via the Website on behalf of the Proprietor. Purchases of Products made through the Website will see TRIBOO DIGITALE as the seller (hereinafter the “Seller”), and the party who proceeds to purchase one or more products for purposes not related to their business, trade, craft or profession, as the buyer (hereinafter the “Consumer”), (Seller and Consumer shall hereinafter be collectively referred to as the “Parties”). The processing of purchase orders, including the delivery of the Products, shall be handled directly by the Proprietor.

1.3. The Proprietor is not party to these Conditions, but is the owner of the rights to the Website domain, logos, brands, images and all intellectual property rights relating to the Products presented on the Website, as well as the copyright on the Website contents.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, or exercising the right of withdrawal, etc. - must be sent to the Seller at the address and according to the methods indicated on the Website and at the email address customercare@online.philosophyofficial.com .

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Website at the time the Consumer places the order.

1.6. The Website is dedicated to retail sales and as such is intended to be used exclusively by Consumers.  We request that parties who are not Consumers refrain from placing purchase orders. If one or more sales are made to a party who does not qualify as a Consumer, these Conditions shall apply however, contrary to the provisions of these Conditions:

a)       the buyer shall not be entitled to the right of withdrawal provided for in Article 10;

b)      the buyer shall not be entitled to benefit from the warranty on the Products referred to in Article 8;

c)       the buyer shall not be entitled to any other protections, provided for herein in favour of the Consumer, that reflect or comply with mandatory statutory provisions;

d)      the contract of sale concluded between the Seller and the buyer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

1.7. At the time the purchase order is placed, the Consumer accepts the confirmation of the information relative to the order made and the present Conditions are sent by Email to the address declared by the same when registering on the Website or during the purchase process.

1.8. In order to be able to make purchases via the Website, the Consumer must be of legal age (18 years) and have legal capacity, which the Consumer declares to possess.

1.9. Any expenses for the connection via Internet to the Website are at the exclusive expense of the Consumer, including telephone costs, according to the rates applied by the operator that the Consumer has selected.

 

2. Products characteristics and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time the order is placed by the Consumer, to the exclusion of any other conditions or terms.

2.2. The Seller reserves the right to amend these Conditions at any time, at its own discretion, without the need to provide any notice to users of the Website. Any changes made will be effective from the date of publication on the Website and will apply only to sales made from that date.

2.3. Prices, the Products on sale on the Website and/or their characteristics may be subject to change without notice. Such changes shall only apply to orders not yet confirmed at the date of the change. In any event, before sending the purchase order pursuant to paragraph 3 below, the Consumer is invited to check the final sale price.

2.4 The Website can be accessed from anywhere in the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the countries indicated on the Website.

 

3. Products purchase methods - Completion of each individual purchase contract

3.1. The presentation of the Products on the Website is not binding for the Seller and merely represents an invitation to the Consumer to formulate a contractual proposal of purchase and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller by means of the Website represents a contractual proposal and is regulated by these Conditions, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, when sending the purchase order the Consumer shall be asked to carefully read these Conditions and the policy on the right of withdrawal, to print a copy by means of the print command and to save or keep a copy for their own personal use. In addition, the Consumer shall be asked to identify and correct any errors in their information.

3.3. The Consumer's purchase order is accepted by the Seller with the sending to the Consumer of an email confirming the order, to the email address which the Consumer indicated to the Seller at the time of registration on the Website or at the time the order is placed if the Consumer is not registered on the Website, which shall contain the link to the text of these Conditions, the order summary, inclusive of the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The order of the Consumer, the order confirmation of the Seller and the Conditions that apply to the relationship between the Parties shall be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an email to the Seller at the following address  customercare@online.philosophyofficial.com.

3.4. Each purchase contract for the Products is understood to be concluded at the moment in which the Consumer receives the order confirmation from the Seller via email.

 

4. Product selection and purchase procedure

4.1. The Products presented on the Website may be purchased by selecting the Products that are of interest to the Consumer and adding them to the appropriate virtual shopping cart. Once the selection of the Products has been completed, in order to purchase the Products added to the cart, the Consumer shall be invited to (i) register on the Website, provide the requested data, or (ii) to log in, if the Consumer is already registered, or (iii) to provide their data in order to complete the order and allow the contract to be completed. If the data indicated in the order are different from those provided during registration on the Website, the Consumer shall be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communication relating to the purchase. The Consumer will be able to view a summary of the order to be carried out, the contents of which they can modify: therefore, the Consumer must expressly approve these Conditions after carefully reading them through by means of the specific check-box present on the Website and finally, via the “Insert order” button, the Consumer shall be requested to confirm their order, which shall be definitively sent to the Seller and shall produce the effects described in paragraph 3.2 of this contract. The Consumer shall also be asked to choose the shipping and payment methods from those available. If the Consumer decides to make an immediate payment (at the time of the purchase) by credit card, PayPal, PayPal Express or Amazon Pay or other payment methods that may be available on the Website, they shall be required to communicate the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer. Subsequent to the sending of the order in the manner set forth above, the Consumer shall receive from the Seller an order acceptance email, at the email address given by the Consumer to the Seller when they registered on the Website or when the order was placed if the Consumer is not registered on the Website, which shall contain the summary of the order made and the description of the characteristics of the Product ordered. If the payment is made by credit card, the purchase amount shall be debited exclusively at the time the subsequent order confirmation is sent from the Seller to the Consumer, as set forth in the previous paragraph. 3.3. Should one or more Products be temporarily unavailable on the Site, the out-of-stock will be indicated in the relative product sheet, however the Consumer can pre-order the Product online by paying exclusively with credit card. The Consumer will be notified that the pre-ordered Product is out-of-stock, via email sent by the Seller. If an order sent by the Consumer to the Seller according to the above modalities contains a Product in-stock and a pre-ordered Product, the Consumer acknowledges and explicitly accepts that delivery will be executed by the Seller pursuant to the terms and procedures set forth by following par. 5.2, only when the pre-ordered products is available, as notified via email by the Seller to the Consumer.

4.2. If, while selecting Products on the Website referred to in paragraph 4.1 above, the Consumer discovers that the price of one or more of the Products that they intend to select for subsequent purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Website, we request that they refrain from placing their order and instead report the aforementioned technical error to the Seller's Customer Service team, by sending an email to the following address customercare@online.philosophyofficial.com.

 

5. Delivery of goods and acceptance

5.1. The Website indicates the availability of products and the approximate delivery times of the same; however, such information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the website and, in any event, to deliver within a maximum time of 30 (thirty) days starting from the day after the Consumer placed the order. In the event that the seller does not accept the order, due to the, even temporary, lack of availability of the Product, the Seller shall provide written notice to the Consumer and shall provide for the reimbursement of the sums that may have already been paid by the Consumer to pay for the Product pursuant to paragraph 5.3. below.

5.3. The shipment of the Products ordered by the Consumer shall occur in the manner selected by the Consumer, from those available and indicated on the Website at the time the order is placed. The Consumer undertakes to promptly, and in the shortest time possible, check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any differences with respect to the order placed, according to the procedure set forth in Article 8 below of these Conditions, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the courier/freight forwarder or to accept the delivery “with reserve”.

 

6. Prices, shipping costs, taxes and fees

6.1. The price of the Products is the price indicated on the Website at the time the order is placed by the Consumer. The prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), whereas they do not include shipping costs that are calculated prior to the order confirmation sent by the Seller to the Consumer and that the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

6.2. The Consumer shall pay the total price to the Seller, as indicated in the order and in the order confirmation email sent by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products shall be delivered. The Consumer is invited to contact the competent bodies in their country of residence or the country of the destination of the Products in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes and/or levies that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these Conditions shall be borne exclusively by the Consumer.

6.5. The Consumer declares that their lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in paragraphs 6.3. and 6.4. above, at the time of placing an order with the Seller, shall not constitute cause for termination of this contract and that it shall not in any way charge the aforementioned charges to the Seller.

 

7. Payments

7.1. The Consumer expressly accepts that the contract on the part of the Seller shall commence when the price of the Product/s purchased is credited to the Seller’s current account.

7.2. Payment can be made by credit card or by PayPal, PayPal Express and AmazonPay, pursuant to the conditions described below. The Seller may allow additional payment methods by indicating them in the payment section of the Website.

7.3. If payment is made by credit card, the Consumer shall be transferred to a secure site and the credit card details shall be communicated directly to ADYEN NV, with registered office at Simon Carmiggeltstraat 6-50 - 1011 DJ in the Netherlands, registered with the Dutch Chamber of Commerce under number 34259528, the operator that handles payments on behalf of the Seller. The transmitted data shall be sent securely, by means of 128-bit SSL (Secure Socket Layer) encrypted data transfer. This data cannot be accessed, not even by the Seller.

7.4. If the Consumer selects, where available, the “Amazon Pay” payment method, the Consumer shall be transferred to Amazon’s website, which is managed exclusively by the latter, to log in to access the service provided by Amazon and then select the delivery address (provided that it falls within one of the countries indicated on the Website) and the payment method from those available in their Amazon account. By selecting the “Amazon Pay” payment method, the Consumer is authorising the Seller to receive their data (delivery address) from Amazon.

7.5. If required by the applicable law, the Seller shall promptly email the Consumer the tax receipt relative to the purchase made, using the email address provided by the same, if the Products purchased are to be delivered in Italy, or attached in paper form to the Products purchased in all other instances.

 

8. Seller's legal guarantee of conformity, reporting of conformity defects and warranty work

8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code”), the Seller guarantees the Consumer that the Products shall be free from design and material defects, as well as compliant with the descriptions published on the Website for a period of 2 (two) years from the date the Products are delivered to the Consumer. No warranty shall apply if the Product is used or washed in a manner that is inconsistent with the Product's intended use and with the relevant instructions/warnings provided by the Seller and/or the Proprietor, or contained in the relevant illustrative documentation, tags or labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.

8.2. The Consumer can report any defects and non-conformities by sending an email to the Customer Service team at the following email address  customercare@online.philosophyofficial.com, with the appropriate form correctly filled in, indicating the defect and/or non-conformity found, as well as the relative documentation indicated on the return form (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.

8.3. Following the receipt of the form and the relative documentation, the Seller shall evaluate the defects and the non-conformities reported by the Consumer via the Proprietor's Customer Service team. After carrying out qualitative controls aimed at verifying the effective non-conformity of the Product, the Seller shall decide whether to authorise the return of the Products, providing the Consumer with a reply containing the instructions for making a return, via email to the address provided by the latter during the registration process on the Website or when the order was placed. The authorisation to return the Products shall in no way constitute recognition of non-conformity, the existence of which must be ascertained after the return is made. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the email authorising the return, by affixing the pre-printed label with the Return Code - which can be found in the order received - to the package containing the Products being returned within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:

 

AEFFE Spa
Via dei Tamerici 9
47842, San Giovanni in Marignano (RN)
Italy

 

8.4. In the event of defects or non-conformity, the Consumer shall be entitled to have the Product restored to conformity by the Seller by way of repair or replacement, or to alternative remedies in the cases expressly provided by the Consumer Code.

In the event that the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement shall be made, where possible, via the same payment method used by the Consumer at the time of purchasing the Product or by means of a bank transfer. The Consumer is also responsible for informing the Seller, via email to the email address  customercare@online.philosophyofficial.com, of the bank details required to make the transfer in their favour and to ensure that the Seller is put in the condition to be able to return the amount due. With regard to the Seller’s legal guarantee, please refer to the specific document published on the Website.

 

9. Liability for defective products

9.1. With regard to any damage caused by defects in the Products, the provisions of the Italian Consumer Code shall apply. In its capacity as the distributor of the Products via the Website, the Seller shall not be liable, none excluded and/or excepted and instead shall indicate the identity and domicile of the relative manufacturer at the request of the injured Consumer.

 

10. Right Of Withdrawal

10.1 Without prejudice to the exceptions referred to in Article 59 of the Italian Consumer Code, as well as the provisions of Article 10.7 below, the Consumer is entitled to the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product was delivered or (ii) in the event of the purchase of several Products delivered separately with a single order, the last Product was delivered.

10.2 In order to exercise the right of withdrawal, before the expiry of the period referred to in paragraph 10.1 above, the Consumer must log in to the “My Returns” page from My Account or, if not registered on the website, access the dedicated page and enter their order number and the email address they used to make the purchase. Alternatively, the Consumer may send an explicit declaration via the contact form or to the email address  customercare@online.philosophyofficial.com, of their decision to withdraw using the withdrawal form attached.

10.3 Following the provisions in paragraph 10.2 above, the Consumer shall receive an email confirming that they have exercised their right to withdrawal, containing, in the event that they have already received the product ordered in the meantime, instructions for the return of the product, to be sent no later than the following 14 days to:

 

AEFFE Spa
Via dei Tamerici 9
47842, San Giovanni in Marignano (RN)
Italy

 

10.4 If the Consumer has received the product, they are obliged to return it to the address above without undue delay and, in any event, within 14 days from when their intent to withdraw was communicated. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, shall be borne by the Consumer. If the Consumer exercises their right to withdrawal via the website, before confirming their request for withdrawal, they shall be informed of the cost of returning the goods if they wish to use the return service offered by the website.

10.5 In the event of withdrawal, the Consumer shall be reimbursed for the payments they have made, including the delivery costs (with the exception of additional costs resulting from the choice of a delivery type other than the least expensive type of standard delivery offered), without undue delay and, in any event, no later than 14 days after they have exercised their right to withdrawal. Said reimbursements shall be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests the refund be processed via a different payment method, in which case any additional costs deriving from the same shall be borne by the Consumer. The refund may be postponed until the goods are received or until the Consumer has demonstrated that they have returned the goods, whichever is the earlier. In any event of goods return, the reimbursement of shipping costs to the Consumer is charged against the cost of shipping the return and offset against it, unless otherwise specified in connection with individual promotions.

10.6 The Consumer shall be liable for any diminished value of the goods resulting from any handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasions, scratches, scuff marks, deformations, etc.), not complete with all their elements and accessories (including labels and tags intact and attached to the product), not accompanied by the attached instructions/notes/manuals, in their original packaging and with the warranty certificate, if any, the Consumer shall be liable for the diminished value of the goods and shall be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is asked not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport, also from writing or labels.

10.7 Exceptions to right of withdrawal - Under Art. 59 of the Consumer Code, for reasons of hygiene or related to the health of the consumer, the right of withdrawal is expressly excluded for perfumes, as well as underwear and beachwear items to which the anti-use tag and/or the hygienic strip and/or the label have been removed. Underwear and beachwear items must be tried on wearing your own underwear. It is not permitted to remove the applied hygienic strip. In order to better protect consumers and in compliance with the rules and needs of hygiene and health, if you have removed the anti-use tag, the hygienic strip and/or the label, we cannot accept returns of these items, which will be returned to the customer; equally, in the event that these items have signs of use and/or washing, in the reasonable opinion of Aeffe SPA, we cannot accept their return.

 

11. Intellectual property rights

11.1. The Consumer declares to be informed that all the trademarks, names, as well as every distinctive sign, denomination, image, photograph, written or graphic text used on the Website or relative to the Products are and remain the exclusive property of Aeffe SPA and/or its assignees, without the access to the Website and/or the purchase of the Products entitling the Consumer to any right on the same.

11.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose whatsoever without the prior written consent of Aeffe SPA.

 

12. Consumer data and protection of privacy

12.1. In order to proceed with registering, placing an order and therefore concluding the contract on the basis of these Conditions, some personal data are requested from the Consumer via the Website. The Consumer acknowledges that the personal data they provide will be recorded and used by the Seller and by Aeffe SPA in accordance with and in compliance with the regulations set forth in Italian Legislative Decree no. 196/2003 and subsequent amendments and additions. - Personal Data Protection Code, to execute each purchase made through the Website and, subject to the consent of the Consumer, for any further activities as indicated in the privacy policy provided to the Consumer via the Website at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and true.

12.3. The Consumer may, at any time, update and/or modify the personal data they have provided to the Seller via the specific “My Account” section of the Website, which can be accessed after logging in.

12.4. For any further information on how Consumer personal data is processed, please access the Privacy Policy section and carefully read the General Conditions of Use.

 

13. Security

13.1. Although the Seller adopts measures aimed at protecting personal data against possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relative to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data visualised by the Consumer on the Website, even after the Consumer has logged in, are not accessible or viewable by unauthorised third parties.

13.2. The Seller, with regard to credit card payment data, uses the services of Adyen NV, which avails of technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

14. Applicable law, attempt at mediation and competent court

14.1. Any contract of sale concluded between the Seller and the Consumers pursuant to these Conditions shall be governed by and interpreted in accordance with Italian law and in particular by the Italian Consumer Code, with specific reference to the regulations on distance contracts and by Italian Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any case, the rights that may be attributed to Consumers by mandatory provisions of law in force in their country shall not be affected.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee as of now our participation in an attempt at amicable mediation, which each Consumer may instigate before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent mediator, in an amicable and safe manner on the internet.  For more information on the RisolviOnline rules or to send a mediation request, please visit www.risolvionline.com.

14.3. As an alternative to the attempt at mediation referred to in paragraph 14.2 above, the Consumer also has the option of accessing the European Online Dispute Resolution platform (the European ODR platform) to resolve any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the EU and a trader established in the EU through the intervention of a participating ADR (alternative dispute resolution) entity, which can be selected from a list available there. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure relating to this contract through it, please visit the following link: http://ec.europa.eu/odr. The email address of the Seller to be indicated in the European ODR Platform is as follows: customercare@online.philosophyofficial.com.

14.4. If the attempt at mediation referred to in paragraph 14.2 or 14.3 above is not adhered to, or if such attempt has a negative outcome, the dispute shall be referred to the magistrate of the place of residence or domicile of the Consumer.