General terms and conditions
1. Object
These terms and conditions (hereinafter also referred to as "Contract" or "Terms and Conditions"), set out the terms under which M.C.C.L. SRL sells its products, namely candles and perfumes (hereinafter also referred to as "Goods" or "Products"), through the website http://www.inspiritu.com/ ("Site"). M.C.C.L. SRL, a limited liability company whose registered office is at via delle Mantellate 15a, 00165 Rome (RM) – VAT number 01793030477, (hereinafter also referred to as "Seller" or "Company") is the owner and manager of this Site and its content.
Users (hereinafter also referred to as "Buyers", "Users" or "Customers") may only purchase Products through this Site if they are at least 18 years of age (or the applicable age of majority and legal capacity) and after accepting these Terms and Conditions. In this Contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine and neuter.
2. Execution of the Contract
2.1 The Site will guide Buyers through the ordering process, where they will select the Products among those listed on the online catalogue. Once Buyers have completed their selection, they will submit a purchasing order to the Seller by pressing the payment button and agreeing to the execution of these Terms and Conditions. Upon receipt of the order and after verification of the successful completion of payment, the Seller shall confirm by e-mail to the User the purchase, instructing the courier to proceed with the shipment of Products. If the Product is not available for any reason, even after the order has been confirmed, then the Company will do everything in his power to promptly notify the User and return any advance payment that he has made. It is understood that, in case the Product is unavailable, User sole and exclusive remedy will be to receive a refund of the amount paid, possibly using the same method of payment originally used by him to pay for the Product, within 30 days from the date of the order submission.
2.2 Users will also be able to register a personal account in order to verify their order status and update their personal data. In order to create and access their personal accounts, Users must generate a strictly personal and non-transferable username and password. When purchasing a Product or registering an account, Customer agrees to communicate truthful and correct data and to keep them up to date, including the email address, also in order to allow the Seller to confirm the successful execution of the Contract.
3. Price and payment
Users shall pay for the Goods in advance by credit card, paypal or wire transfer. Customers are aware and accept that, after submitting their order, the Company will debit or request an authorization to debit Users’ payment card. Prior to submitting an order, Users will be able to see the total price to be paid including VAT, delivery charges and any other tax, if applicable. Before submitting an order, Customers will be given the possibility to review and amend it.
4. Delivery and returning of goods
All Products purchased through the Site will be delivered to the address notified online by the Customer.
The delivery date will be confirmed before the order submission and by e-mail after the order execution. Delivery time and costs may vary depending on the final delivery destination and Product’s futures.
Users will receive invoices by e-mail or by mail post to the address indicated during the purchasing process. The invoice will contain the personal data provided by the Customer while filling out the order form.
Upon receipt of the Products, the Buyer is required to verify without undue delay if the Product delivered to him matches his purchase order. Any damage to the packaging or defects must be reported immediately to the carrier by specifying in writing on the delivery note "accepted subject to checking" and providing a brief description of the damages on the delivery note.
It is understood that in the event of non-delivery due to absence of the Buyer, the courier will leave a delivery note and it will be a Buyer’s duty to take the necessary steps in order to contact the carrier and schedule a new delivery or to procced with direct withdrawal at the warehouse where the Products will be stored, within the timeframe set by the carrier or the Seller. In case of failure to collect Goods, the Products will be returned to the Seller. Failure to request a new delivery within 30 days from the return of Goods to the Vendor, will result in termination of this Contract, with the User's right to receive a refund of the amount paid less storage and delivery costs as well as any other applicable cost borne by the Company. In the event of non-delivery due to the Buyer's absence and return of the Goods to the Seller, if the Buyer requests a new shipment he will have to bear the costs.
5. Buyer obligations
The Buyer accepts to read these Terms and Conditions carefully before ordering any Goods from the Site. Users will be fully responsible to provide truthful and correct data and to keep them up to date. Once the order is confirmed, Users acknowledge and agree to print or save a copy of these Terms and Conditions for their reference and record on a durable medium, in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003. Seller will in any case store the Contract’s content on its Site and servers and Users will be able to consult and download it at all times.
6. Right of withdrawal
6.1 Pursuant to Article 52 of Italian Legislative Decree 206/2005 Users shall have a legal right to cancel their order within 14 calendar days after the day on which they receive the Product for any reason and without incurring in any penalties, or if the Products are being delivered in separate instalments on separate days, the right to cancel ends 14 calendar days after the day on which they receive the final instalment of Products. In order to cancel their order, Customers shall send a notification by e-mail to following email address INFO@INSPIRITU.COM
6.2 In case of cancellation, the User must return the Goods intact, in their original packaging and will have to specify in the request the type and name of the purchased Product. Following cancellation, Seller shall refund the Buyer the amount paid for the Goods via the same payment method used by the Customer for the initial transaction within 14 calendar days of the day on which Seller receive the Products back or the day on which Customer supplies evidence that he has sent the Goods back (if this occurs before): User must return Goods to Seller no later than 14 (fourteen) calendar days after the day on which he has informed Seller that he wishes to cancel under this Clause 6 to the following address:
M.C.C.L. SRL
Via delle Mantellate, 15a Roma (RM), Italia
7. Warranties
7.1 If User is a consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, all Products sold by the Company are covered by a warranty of 2 years from delivery date. In the event of lack of conformity, any defect must be reported no later than 2 months following discovery thereof, otherwise, the Customer shall waive the right to the warranty.
7.2 Where a User is not a consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, any lack of conformity or defect shall be notified no later than 8 days from delivery. User must return the Goods intact, in their original packaging with all the accessories, delivery receipt and with a detailed description of the defects. Without prejudice from what stated above, any defect must be reported in any case no later than 1 year following delivery, under penalty to invalidate the right of recourse to the warranty.
7.3 All requests for warranty must be notified to the following e-mail address: INFO@INSPIRITU.COM or by registered mail to the following address:
M.C.C.L. SRL
Via delle Mantellate, 15a Roma (RM), Italia.
The warranty does not cover defects resulting from normal wear and tear, incorrect or improper use of the Product, or for causes out of the Seller’s control. Moreover, the warranty does not cover those parts subject to wear and tear.
8. Limitation of liability
8.1 Except as provided by mandatory law without the possibility of contractual waiver, the Seller will not be liable for any Site failure, or delay or non-delivery of Products due to circumstances beyond his control, including force majeure, fortuitous event or caused by the Customer's failure to perform his obligations or caused by third parties. Without prejudice to Company’s liability in case of Product defects, the Seller disclaims to the fullest extent permitted by law any liability for damages to persons or property caused by any use of the Goods contrary to the instructions and warnings provided by the Seller.
8.2 The Site may contain back-links and hyperlinks to third party websites. Customers acknowledge and assume all risks arising from the use of links that may redirect them to external sites over which the Company has no control. For these reasons, the Company disclaims any responsibility in respect of the accuracy and the type of content a User may find on such websites.
9. Amendments
This Contract, including its payment and delivery terms, may be amended by the Company at any time. Any amendment to the Terms and Conditions shall be effective for any future purchase order. By accessing the Site, the Customer can view the different versions of the Contract as updated from time to time.
10. Applicable law and competent court
10.1 These Terms and Conditions shall be governed by, and construed in accordance with Italian law, without reference to the Convention on Contracts for the International Sale of Goods. In the event of any dispute arising out of these Contract, the Court of Rome (Italy) shall have the sole Jurisdiction.
10.2 If a User is a consumer according to Italian Legislative Decree 206/2005 as subsequently amended and European Union Directive 2011/83/UE, any disputes concerning these Terms and Conditions shall be subject to the jurisdiction of the courts where he is resident.
10.3 Pursuant to EU-Regulation N. 524/2013 of the European Parliament and of the Council the Company provides the following link to the European Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr/
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the following address. You may use the attached model withdrawal form, but it is not obligatory
M.C.C.L. SRL
VIA DELLE MANTELLATE, 15a
00165 ROMA (RM)
ITALIA
P.I. E C.F 01793030477
Email: info@inspiritu.com
Telephone:XXXXXXXXX, Monday to Friday from 9:30 am. to 6:30 p.m.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects Of Withdrawal
If you withdraw from this contract, INSPIRITV shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by INSPIRITV), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
The reimbursement may be withhold until the goods’arrival at INSPIRITV or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us to the following address, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are responsible for any risk associated with the return of the good(s).
M.C.C.L. SRL
VIA DELLE MANTELLATE, 15a
00165 ROMA (RM)
ITALIA
P.I. E C.F 01793030477
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.