GENERAL CONDITIONS OF SALE AND USE OF THE WEBSITE

1) INTRODUCTION

This document contains the conditions that regulate the use of this website (www.ariadisicilia.com) and the purchase of the items contained therein (hereinafter the “Conditions”). Please carefully read these Conditions, the Cookies Policy and the

Privacy Policy before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and the Data Protection Policies, therefore, if you do not agree with all of the aforementioned Conditions and the Data Protection Policies, please do not use this website.

For any request, doubt or question relating to the Conditions and the Data Protection Policies, you can contact us by writing to the following email address: info@ariadisicilia.com .

The purchase contract may be concluded, at your choice, in any of the languages ​​in which the Conditions are available on this website.

The sale of products through this site is managed under the name

Aria di Sicilia by the company
Aria di Sicilia srl

Corso Umberto, 123

98039 Taormina (ME) – Italia

Tel.: +39 (0)942 55 89 87

Mob.: +39 393 97 97 870

E-mail: info@ariadisicilia.com

The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us are accurate and truthful.

The use of the website and subsequent purchase operations may be carried out in guest mode or as a member of the club. Registration to the Aria di Sicilia club and the related creation of an account, when placing an order or independently of it, may take place after accepting the authorization to profile data for marketing operation

By using this website and/or placing orders through it, you agree to:

a) use the website only to make legally valid inquiries or orders;

b) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the competent authorities;

c) provide us with your email address, postal address, telephone number and/or other contact details in a truthful and accurate manner. Likewise, you consent to our use of this information to contact you (if necessary, please read the Personal Data Protection Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

The items offered through this website are available exclusively for delivery to Italy and the European Union (with the exception of Malta and smaller islands). For more information on the availability of the service in your location of residence, you can simulate an order on the site or contact customer service at the following email address: info@ariadisicilia.com .

The information in these Conditions and the details contained on this website do not

constitute an offer to the public, but rather a mere invitation to formulate a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us.

To place an order, you must follow the online purchase procedure and click on “Authorize payment”. It is understood that this will not automatically imply acceptance of your order by us, but only an offer to purchase one or more products. In fact, the possibility of a refusal by us in processing the order is reserved and we decline all liability towards you or towards third parties in the event that this hypothesis occurs.

All orders will be subject to our approval, of which you will be informed by sending an email or SMS to inform you that your order is being dispatched (the “Dispatch Confirmation”). The contract for the purchase of a product between us will therefore only be concluded when we send you the Dispatch Confirmation.

The Contract will only cover those products listed in the Dispatch Confirmation.

We will not be obliged to supply any other products that you have ordered until we have confirmed in the Dispatch Confirmation that such products have been dispatched.

All product orders are subject to product availability. Therefore, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information on substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund all amounts paid by you for the purchase of items that are not available for shipment.

N.B.: Depending on the actual availability of the material used to manufacture the glass bottles intended to contain our fragrances, we reserve the right to send them in different forms than those visible online

Without prejudice to the provisions of point 7 and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated by the next working day after the order is sent. Delivery times may vary depending on the destination of the package. Generally, delivery is made in Italy within 5-7 working days (excluding Saturdays, Sundays and public holidays) from shipment. To all other destinations in the European Union, between 7 and 12 working days (excluding Saturdays, Sundays and public holidays) will be necessary from shipment. Please note that home deliveries are not generally made on Saturdays and Sundays or public holidays.

However, delays may occur for various reasons such as the occurrence of unforeseen circumstances, difficulty in reaching the delivery area or logistical reasons related to the management of the shipment by the company that handles the shipment. For further information, please refer to point 18. In the event of delays in shipping, we decline all liability towards you or towards third parties. For orders that are late with respect to the estimated delivery date, there is NO possibility of cancellation if the package(s) has already left our warehouses, but, once the destination has been reached, the customer will be able to exercise the right of withdrawal for which please refer to point 11.1.

For the purposes of these Conditions, “delivery” is meant to have occurred or the order

“delivered” through the acquisition, by you or a third party indicated by you, of the

material availability or in any case control of the products. If we are unable to complete the delivery of your order, your order will be sent to the warehouse of the company responsible for transport (courier). In this event, you will be sent an email containing all the relevant information and the methods for arranging a new delivery. A maximum of 3 delivery attempts may occur before the package is sent back to our warehouses. The recipient’s unavailability to receive the package in the 3 available delivery attempts will automatically be considered as a time to terminate the Contract.

As a result of the termination of the Contract, after the return of the goods to our warehouses, we will refund the purchase amount paid by you, excluding delivery and return costs without unjustified delay and, in any case, within 14 days from the date of termination of the Contract.

Please note that the transport resulting from the termination of the contract due to impossibility of delivery may have additional costs that will be caused by

PRICE AND PAYMENT

The price of the products will be as indicated from time to time on our website, except where there is an obvious error. Although we will do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid, in accordance with the rules and procedures set out in point 6.

We will not be obliged to supply you with the product(s) at the incorrectly indicated lower price

(even if we have already sent you the Dispatch Confirmation) if the error in the price

is obvious and unmistakable and therefore if it was reasonably possible for you to identify it

as incorrect.

Prices on the website include VAT (Value Added Tax) and exclude shipping costs, which are to be added to the total amount to be paid.

Prices may change at any time; however (except where stated above) possible changes will not affect orders for which we have already sent a Shipping Confirmation. You can pay by Visa, Mastercard, American Express credit cards, by bank transfer and by PayPal.

To reduce the risk of unauthorised access, your card details will be encrypted. Once

we have received your order, we will pre-authorise your credit card to ensure that there are sufficient funds to complete the transaction.

By clicking on “Authorise Payment” you confirm that the credit card is yours.

Credit cards will be subject to verification and authorization by the issue

RETURN OR WITHDRAWAL POLICY

11.1) Right of withdrawal
According to the provisions of articles 52 and following of the Consumer Code (Legislative Decree 206/2005), you will have the right to withdraw from the Contract within a period of 14 days without having to provide any reason.

The withdrawal period ends after 14 days from the day on which you, or a third party designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you, or a third party designated by you, acquires physical possession of the last good.

To exercise the right of withdrawal, you must inform us by means of an explicit declaration sent to the following email address: info@ariadisicilia.com .
This declaration must be made according to the withdrawal model indicated in Annex I, Part B of Legislative Decree 206 of 2005 and contain the following information:

Recipient:

Aria di Sicilia s.r.l.
Corso Umberto, 123
98039 Taormina (ME) – Italy

“I hereby notify the withdrawal from my contract of sale of the following good(s)”

– Ordered on

_ and received on

– Name of consumer

– Address of consumer

– Signature of consumer

– Date

If you withdraw from the Contract, you will be refunded the payment you have made to us

without undue delay (art. 56 Legislative Decree 206/2005). This refund will be made using the same means of payment you used for the initial transaction and only after receiving and reviewing the package that you will have sent at your expense to our address (art. 57 Legislative Decree 206/2005).
Aria di Sicilia s.r.l.
Corso Umberto, 123

98039 Taormin

You are required to return the goods without undue delay and, in any case, within 14 days from the day on which you communicated your withdrawal from the Contract to us. The deadline is met if you return the goods before the 14-day period has expired (art. 57, paragraph 1 Legislative Decree 206/2005).

You are also responsible for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. (art. 57, paragraph 2 Legislative Decree 206/2005). To establish the nature, characteristics and functioning of the goods, the consumer should only handle and inspect them in the same way as would be permitted in a shop. Your right to withdraw from the Contract will therefore apply exclusively to those products returned in the same condition in which you received them. No refund will be made if the product has been used beyond simple opening and for products that are not in the same condition in which they were delivered or if they have been damaged. We therefore invite you to take care of the products while they are in your possession and availability. Please return the item using and including in the package the original packaging and the receipt that accompanies the products.

In the event that you believe that at the time of delivery the product does not appear to be compliant with the provisions of the Contract or has defects/damage, you must immediately contact us at the email address info@ariadisicilia.com, indicating the order number and/or shipping number, the product data and/or the defect/damage found. The email must also be accompanied by a description of the facts and photographic material that will help us to have further clarifications to reconstruct what happened and ascertain any third-party liability. We will then make the necessary assessments and communicate to you the outcome of our decision regarding your case. Consequently, we may choose between
a) refunding the amount paid for the purchase of the incorrectly sent or defective/damaged item
b) proceeding with the shipment of a replacement product, giving you any instructions on the return of the incorrectly sent or defective product.

The amount paid for products that will be returned due to error, defect or damage, will be refunded by the payment method used to make the purchas

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise.

All product descriptions, information and materials appearing on the website are

provided “as is” and without express or implied guarantees, except those provided by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that are in conformity with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products are in conformity with the Contract if (i) they comply with the description provided by us and possess the qualities presented on this website; (ii) they are suitable for the use for which the products are normally intended; (iii) they display qualities and characteristics that are normal in products of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded in respect of consumers and users.

Our products, especially those hand-made, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or colour variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials should be expected and appreciated. We select only the highest quality products but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product.

These provisions do not in any way limit the rights recognized to consumers by the

legislation in force nor your rights to withdraw from the Contract.

Except where otherwise provided in these Terms, our liability in respect of products purchased from us on our website will be limited to the purchase price of the product in question.

Without prejudice to the foregoing, our liability is not excluded or limited in

the following cases:

a) Death or personal injury arising from our negligence;

b) Fraud or fraudulent activity;

c) Any circumstances in which it would be illegal or unlawful for us to exclude, limit

or attempt to limit or exclude our liability.

Without prejudice to the preceding paragraph and to the extent permitted

by applicable law, and save as otherwise provided in these Terms, we will not accept any liability for indirect damages, such as:

i. loss of profits;

ii. loss of business;

iii. loss of profits or contracts;

iv. loss of anticipated savings;

v. loss of data;

vi. waste of office administration time.

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of the website are owned by us and our licensors. You may only use such material in ways for which you have express permission from us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact data.

You must avoid any improper use of this site and avoid the introduction of viruses,

Trojan horses, worms, logic bombs or other programs or materials that may cause technological

damage. If you are not authorized, you must not access the website or the server where

it is hosted or other servers, computers or databases related to our website. You undertake not to carry out DoS attacks against this website.

Failure to comply with this clause may result in violations defined by the

relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the

attack carried out. Likewise, in the event of failure to comply with this Article, your

authorization to use the website will be immediately withdrawn.

We disclaim all liability for any damage or loss resulting from a denial-of-service attack, viruses or other technologically damaging programs or materials to your computer equipment, data or material due to your use of our website or your downloading of content from it or that redirects you to it.

If our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility for any damage or loss arising from their use.

Applicable law requires that some of the information or communications that we send to you will be in written form. By using this website, you accept that most of the communications exchanged with us will be in electronic format. We will contact you by email and/or or SMS provided to us when placing your order. We may also provide you with information by placing specific notices on this website. For contractual purposes, you consent to this electronic means of communication, acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing.

All communications addressed to us must be sent to the following email address: info@ariadisicilia.com .

Communications will be deemed to have been received and properly notified respectively when posted on our website, 24 hours after an email/SMS is sent, or three days after the date of posting. To prove that a communication has been served, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an email or SMS, that it was sent to the email address/mobile number of the recipient. This provision does not in any way limit the rights recognized by the regulation in force.

The Contract between you and us is binding on both you and us, as well as on our respective

successors and assigns.

You may not transfer or assign the Contract, or any of your rights or obligations under it, in any way without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of the Contract, or any of your rights or obligations under it, in any way and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposal of the Contract will not affect your rights as a consumer or in any way affect, reduce or limit any of the warranties or liabilities we give, whether express or implied.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable control; this term includes, but is not limited to, the following:

1. Strikes, lock-outs or other industrial action.

2. Riots, riots, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war.

3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.

4. Impossibility of the use of railways, shipping, air transport, motor transport or other means of public or private transport.

5. Inability to use public or private telecommunications networks.

6. Acts, decrees, laws, regulations or restrictions of any government.

7. Any strike, disaster or accident at sea, postal or other relevant means of

transport.

It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. We will be granted an extension of time to perform the Contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, we will endeavour to find a solution by which to comply with our contractual obligat

If we fail, during the execution of the Contract, to require the exact fulfillment of

any of your obligations, or of any of the obligations provided for in these General Conditions, or we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you from fulfilling the related obligations.

Any tolerance on our part in the face of a breach by you will not constitute any

waiver to react in the face of a subsequent breach.

No waiver by you with respect to any of your obligations under the Contract or

these General Conditions will be

If any article of the General Conditions, or part thereof, or any of the provisions of the Contract, should be deemed invalid, illicit or inapplicable by the competent authority, such article, clause or provision will be considered as not having been inserted while the other articles, clauses and provisions will remain valid to the maximum extent permitted by l

These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us in relation to the subject matter of the Contract and supersede any previous agreement, understanding or arrangement between us, whether oral or written.

Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written in negotiations prior to the Contract, but only on what is expressly stated in these Conditions.

We reserve the right to review and modify these Terms at any time.

You will be subject to the General Conditions in force at the time of your order, unless a

change to the General Conditions or the Data Protection Policies is required to be

made by law or at the request of a government authority (in which case it will also apply to orders prior to such change).

The use of our website and contracts for the purchase of products through this website are governed by Italian law.

Any disputes arising from or relating to the use of the website or such contracts will be

submitted to the exclusive jurisdiction of the courts of Messina.

If you are entering into the Contract as a consumer, this clause does not affect in any way your rights as a consumer under the law