These general conditions of sale govern the sale of all “Prince and Princess” product made from a distance through the website princeandprincess.it and with delivery in all the Italian territory.
These general conditions of distance sale must be accurately read by the Customer before completing the purchase process of “Prince and Princess” products. It is understood that the finalisation of the purchase process through the Prince and Princess Customer Service or the website princeandprincess.it imply total and complete knowledge of these general conditions of sale and their full acceptance: the Customer, by placing the purchase order to the Prince and Princess Customer Service or the website princeandprincess.it, fully accepts these general conditions of sale and undertakes to respect and observe them and the following conditions for payment in his relationships with Prince and Princess. The Customer declares to have read and accepted all the indications given to him and acknowledges and agrees that Prince and Princess is in no way bonded to any different condition from these ones, if not previously agreed in written form.
These general conditions of sale from a distance can be printed and preserved by anyone ho might have visited the website princeandprincess.it and they must be considered valid and in force as long as they are accessible through the website princeandprincess.it. The elimination of these general conditions of sale from a distance from the website princeandprincess.it imply their automatic and irrevocable inapplicability, ineffectiveness and unenforceability to Prince and Princess in relation to purchases made after their elimination from the website. This apply also in the case these general conditions might still be available or accessible by Customers through websites different from princeandprincess.it.
In relation to the purchase of customised products and/or of products produced for a specific Customer following his specific order, will be applied the “Special Conditions of Sale of Customised Products” disclosed at the bottom of this document and that must be considered prevailing on these general conditions of sale in the unmatching parts. What stated in the previous paragraph find application also in the Special Conditions of Sale of Customised Products.
The sale of perfumes, due to the peculiar characteristic of such products (sold sealed), for reasons of hygiene and of protection of health, might not be returned if opened and they are subjected to specific dispositions connected to the right of withdrawal (art. 7.9) and of substitution (8.4(ii), 8.5 and 8.8).
Identification of the seller
For the purpose of these general conditions of sale, the seller is SECRET SRL, registered address Via Vittorio Emanuele II, 26 – 20900 Monza, P.IVA and C.F. 06816800962, tel: +39 02 72021088.
Article 1: Information about products
1.1 All information about “Prince and Princess” products that can be sold from a distance through the Prince and Princess Customer Service or the website princeandprincess.it, are available, with their tracking code, both in every “Prince and Princess” store and on the website princeandprincess.it. The aforementioned information comply with the current regulations and, specifically, with the articles 49 and 51 of the Consume Code
Article 2: Order of products
- Any order can be placed in Italian, through the Italian section of the website princeandprincess.it.
Whichever form the Customer choses to place the order, it will be necessary to give Prince and Princess a valid e-mail address on which the Company will send any communication required by these general conditions of sale or connected in any way to the order.
The orders can be placed through the website princeandprincess.it even without a previous registration and creation of a personal account by the Customer, following the steps and the instructions specified in the website itself. Before proceeding with the submission of the order, the Customer will be asked to check and correct any possible error in his data.
- Prince and Princess reserve the right to evaluate acceptance of the orders received. The refusal of the order shall be communicated directly to the Customer within 30 days from the placing of the order, starting from the day following the actual placement of the order. Prince and Princess will refund any sum that might be already be payed by the Customer in relation to the rejected order.
Article 3: Prices of the products
- IThe prices of the products include all taxes and ordinary shipment costs (see art. 5.3), except for orders placed through the website princeandprincess.it, if so stated in the aforementioned website or in the order summary.
- The price of each product is communicated to the Customer when buying on the website princeandprincess.it, before the contract is closed.All prices are expressed in Euro and are inclusive of VAT.
- In accordance with the art. 51.7 of the Consume Code, the Customer shall receive after the contract is closed, a written confirmation of the ordered product, of its price, of the paid price, of the existence of the right of withdrawal (except for the cases stated at the art.7) – with the indication of the timings and ways to return the product – the physical address to which submit complaints, all information about assistance, legal and commercial warranties and about the possibility of using out-of-court mechanisms of complaint and appeal as stated at the art. 141 of the Consume Code.
Article 4: Conditions for payment
- Payment can be made by the Customer through:
- Are accepted the following credit cards: Visa, Mastercard, American Express. The charge to the credit card is made at the moment of the preparation of the order for shipment. To avoid Internet frauds, the payment made through the website princeandprincess.it shall be managed by the interested Bank, thanks to the instruments offered by SETEFY Gruppo Intesa Sanpaolo, company established in ITALY. This Company is responsible for the conservation and the automatic treatment in a safe environment of all information about each order, included all credit cards details. For the purposes of the payment, the Customer confirms to the Prince and Princess Customer Service or through the website princeandprincess.it, to be the cardholder of the used credit card and that the name written on the credit card itself is his own. The Customer, either by phone or through protected e-mail or, if buying on the website princeandprincess.it, on the website itself also communicate the number, the expire date and the security code of his credit card. If, for any reason, the transaction should fail, the selling process shall be automatically nullified and the order cancelled.
Article 5: Delivery
- No delivery can be made at hotels, professional
- The delivery of products is made at the address given by the Customer only after the payment of the related order has been correctly received . As stated by the Art. 61 of the Consume Code, Prince and Princess shall carry out the order of the products no longer than 30 days after the conclusion of the contract, after receiving the price of the purchase, unless Prince and Princess communicate – with the same timings – the rejection of the order, as stated in the previous art. 2.2
- The Customer can rely on the following delivery options:
Ordinary service: the delivery will be made between 9am and 6pm, Monday to Friday (delivery in 3-4 working days);
This service is available only for some destinations so it is subject to restrictions connected to the postal code of the shipment address. The terms of delivery must be considered purely indicative. This expenses shall not be refunded in the case of withdrawal of the Customer or of substitution of the product, as stated in the art. 56.2 of the Consume Code.
- If, when the pack is delivered it looks damaged, the Customer (or the person receiving the parcel, as stated at the previous art 5.1 last comma) will have to open the pack itself at the presence of the Delivery-man, to verify the conditions of the product in it contained. If the product is damaged, the Client (or the receiver) will have to detail in written form all the damages on the delivery note. Any complaint must be submitted as stated in the following art 10.
Article 6: Limitation of Liability
- Apart from cases of errors made intentionally or by serious negligence, Prince and Princess shall not be responsible towards the Customer for the consequences of:
- damages or losses due to the product (or to their use by the Customer), apart from the cases where apply the mandatory rules concerning the producer responsibility;
- damages not caused by breaches made by Prince and Princess;
- loss of business or of opportunities not caused by breaches made by prince and Princess.
- None of these general conditions of sale shall reduce the responsibility in case of death or damage to the person of the Customer due to negligence by Prince and Princess, its employees, agents or officers.
- Except as required by other dispositions in these general conditions of sale, prince and Princess shall repair or replace for free any product that might have been damaged or lost during the delivery, provided that:
- The Customer communicated the damage or loss no longer than 24h after the delivery date (in case of damage) or no longer than 24h after the due delivery date indicated to the Customer as stated at the previous art. 5.4 (in case of loss), so to allow Prince and Princess to resort to the remedies stated in the shipment conditions of the delivery company.
- The Customer must put at disposal of Prince and Princess the receipt or any other document related to the product (in case of damage), and the product itself with the original packaging and any accessory, lable, etc, connected to the product itself.
Article 7: Right of withdrawal – Instructions to exercise the right of withdrawal
- Prince and Princess is aware that Customers unhappy of the products received, except in the cases stated in the art. From 52 to 58 of the Chapter I, Title III, Part III of the Consume Code, might exercise the right of withdrawal. It is in the interest of Prince and Princess that the Customer might exercise his right of withdrawal in the best possible conditions.
The Customer can exercise the right of withdrawal no longer than 5 (five) days after receiving the product specifying the reasons of the request and providing proven reasons, at the address stated while placing the order, his intention to withdraw from the contract and send back the product itself. Prince and Princess will evaluate the request and will accept only if it is motivated. The shipping costs for the return are charged to the customer (unless defective goods or errors attributable to our warehouse). In the case the Gift Service has been used, only the Customer will be able to exercise the right of withdrawal, and in no case whatsoever the receiver of the gift.
To exercise his right of withdrawal the Customer can communicate his decision:
(i) through a phone-call to Prince and Princess;
(ii) by writing a registered letter to Prince and Princesses, signed by the Customer himself ad containing the declaration of withdrawal, his own data and the indications about the product. To this end the Customer, if he so desire, can use the model withdrawal form that he can find at the bottom of these general conditions of sale (Attachment A), that must be printed, filled in and sent to the indicated address. The Customer might also use the form that he will find inside the pack containing the product.
The declaration of withdrawal will have to be sent to the following address:
SECRET SRL – Via Vittorio Emanuele II, 26 – 20900 Monza
- In whichever way the Customer exercises the withdrawal, he will be able to enjoy the free take-back service of returned products offered by Prince and Princess, by calling the phone number +39 02 72021088 to agree on the date and time of the collection of the item, that must be no after 5 days from the receival of the request of withdrawal of the Customer by prince and Princess. The Customer must surrender the product for which he exercised the right of withdrawal on the agreed date and time. If this will not be possible, a new appointment with the delivery company might be agreed within the next 7 days. We specify that the product are collected between 8am and 6pm during working days.
- As an alternative to what stated at the art. 7.2, the Customer will have to send via post or currier the product he wants to return no longer than 5 days after the date he communicated to Prince and Princess his own withdrawal. The product will have to be sent to the following address: Prince and Princess, Via Meravigli, 16 – 20123 Milano. The Customer will have to pay for the restitution of the product the fee determined by the post service or the chosen currier.
- In the case stated at the previous paragraph 7.3, the products must be returned through registered and insured mail with the original packaging (boxes, accessories, tags, protections, leaflets,…), the delivery note thoroughly filled in and a copy of the bill.
- As stated by the art 54.4 of the Consume Code, it is the Customer responsibility the proof connected to the exercise of the right of withdrawal. The Customer is also responsible of the swift restitution of the products.
- In case of withdrawal, Prince and Princess shall give to the customer a voucher to spend for future purchase, give the customer the possibility to swap the product with another one or, (in case of real impossibility to find an agreement) refund the Customer of all payments connected to the product for which the right of withdrawal has been exercised, motivated and accepted included all delivery fees (except in the case a special delivery has been chosen, as stated in the previous art. 5.3 (ii) and (iii)). The refund of such payments will be made within 14 days from when Prince and Princess has been made aware of the decision of the Customer to exercise the right of withdrawal.
As stated by the art. 56.3 of the Consume Code, if the Customer wish to personally return the product (so he decides not to use the service stated at the previous art. 7.2), Prince and Princess can withhold the refund as long as it receive the returned product or the Customer has proven to having sent it as stated at the previous art. 7.4. Prince and Princess might also withhold the refund until the date of the delivery of the product, if the Customer asks for the service stated at the art. 7.2 but doesn’t hand over the product at the date and time agreed with Prince and Princess. It is however valid what stated at the following art. 7.9.
- The refund will be made on the bank account of the Customer connected to the credit card used for the payment or, if the payment has been made by bank transfer, on the bank account on which the price of the products have been charged. This refund had no cost for the Customer.
- As stated by the art 52.2 of the Consume Code, the Customer is responsible for the decrease of value of the product due to a different manipulation from what necessary to judge its nature, characteristics and functioning.
So, if the products returned by the Client are damaged, incomplete, degraded, dirty or in any state that demonstrate that the products have been used in a way that compromised their integrity, they will not be refunded.
- The right of withdrawal can be exercised also on perfumes as long as the bought product is still sealed: at the moment of restitution the cellophane protection of the package containing the perfume itself must be still in place and in no way opened. The restitution of unsealed perfumes will therefore be forbidden.
- If the product will not be returned within the required time as stated by the previous art 7.3 or If the product itself will not be handed to the currier sent by Prince and Princess at the agreed date and time as stated by the previous art. 7.2, this will be intended as manifestation of the will of the Customer to cancel his declaration of withdrawal. The Customer will, therefore keep the product and Prince and Princess shall not have to refund him.
Article 7: Substitution of products
- Prince and Princess desires to offer its Customers the possibility to change the products bought from a distance.
- The substitution of products is subjected to the following limitations:The substitution of products bought from a distance can be done with substitute products of equal or superior price than that of the bought product: in the second case, the Customer will have to pay the difference in price;The substitution of products bought from a distance can be done also with substitute products of inferior price than that of the bought product, in this case Prince and Princess will have to refund the Customer of the difference. The refund will be done through the same payment modality previously chosen by the Customer.In case of a change made at the boutique:
If the purchase has been made through credit card, the substitution of products bought from a distance can be made with substitute products of any value;
- In any other case the substitution can be made only if the difference of price between the bought product and the substitute product is equal or inferior to 75 (seventy five) Euros.
In the case the Gift Service has been used, the substitution can be done by the receiver but, in case of a difference in price (and with the limitations stated at the previous paragraph), the refund will be done either in favour of the cardholder or, in case of a bank transfer in favour of the owner of the bank account used for the payment and not in favour of the receiver of the gift.
- Within 30 days from the delivery date the Customer can:
- Ask for the substitution of the product bought from a distance calling Prince and Princess. For the restitution of product, Prince and Princess offers a free service as stated at the previous art. 7.2. However the Customer shall have the possibility of choosing to give back the product at his own expense following the instructions at the previous art. 7.3. In this case, it is the Customer responsibility to prove the restitution of the products, that have to be sent back through registered mail with a form of acknowledgment of receipt. Whichever is the modality of restitution chosen by the Customer, the cost for the transportation of the new product will be borne by Prince and Princess. It is understood that Prince and Princess shall not send the substitutive product before having received the ones surrendered by the Customer or before the Customer have given them to the currier sent by Prince and Princess for this purpose. Shall be applied, mutatis mutandis, all previsions stated at the previous art 7.9;
- Bring the products that the Customer desires to change at one of Prince and Princess shops in Italy and proceed with the substitution.
- In both cases at points (i) and (ii) of the previous paragraph, the products to be changed must be returned in their own original package (boxes, accessories, tags, protections, leaflets,…) and must be accompanied by the purchase receipt and the replacing form correctly filled in. All products returned by the Customer that are found to be damaged, incomplete, degraded, dirty or in any state that demonstrate that the products have been used in a way that compromised their integrity, they will not be changed. For what concerns perfumes, they must be still perfectly sealed: in particular the cellophane protection of the package containing the perfume itself must be still in place and in no way opened. In case of substitution, the selling of the substituted product must be considered cancelled. The payment of the product given as a substitution will be made as compensation of the previous transaction.
- It is understood that any amount superior to the debit or the credit of the Customer, in the limits stated at the previous art 8.2, shall be refunded to the bank account of the Customer or to the bank account connected to the credit card used by the Customer for the payment.
- To the substitution of a product through the Customer Relation Service will be applied these general conditions of sale froma a distance. This modality of substitution does not, in any way, undermine the legal warrantee provided by the art.128 and following of the Consume Code.
- If the Customer uses the service of substitution to change a product received ad a substitution for a previous purchase (except in the case of substitution for not compliance of the product), Prince and Princess retain the right to reject further substitutions.
Article 8: Compliance – Warrantee
The Customer has to verify that the received products correspond to those chosen during the order process. If the delivered products do not comply to the order, the Customer has to inform Prince and Princess by phone and proceed with the restitution of the products. In this case will be applied what stated at the art 7 of these general conditions of sale, where compatible.
Apart from the specific warrantees given to the Customer along with the delivered product, to the sale of Prince and Princess’ product are applicable all the legal warrantees stated by the Italian law and in particular those stated by the articles 128, 129, 130 and 132 of the Consume Code.
rticle 9: Complaints – Information
For any information or complaint, or for anything related to the general conditions of sale by mail order of the company SECRET SRL or of the producte “Prince and Princess”, Customers will have to contact Prince and Princess through the email address firstname.lastname@example.org with a reference to the number of the order to which the request is about.
Article 10: Intellectual propriety rights
The brand “Prince and Princess” as well as all figurative and non-figurative brands and In general all brands, illustrations, images and logos on Prince and Princess’ products, all connected accessories and/or packaging are they registered or not are of exclusive property of the company SECRET SRL. – registered office in Via Vittorio Emanuele II, 26 – 20900 Monza ITALIA – P.IVA e C.F. 06816800962. The total or partial reproduction, modification ore use of these brands, illustrations, images and logos for whichever reason and on whatever support done without previous agreement with the company SECRET SRL are absolutely forbidden. It is also forbidden any combination of the aforementioned brands and other brands, symbols or logos and in general any distinctive sign that can be used to create a composit logo. It is also strictly forbidden the total or partial reproduction, the modification or use of draws, models and patents that are of exclusive property of SECRET SRL.
Article 11: Force majeure
The execution of performances by the company SECRET SRL can be suspended in case of accidents or force majeure that can prevent or delay its execution.
Can be considered as such, for example and without limitation, war, commotions, uprisings, strikes and supply difficulties due to providers of the company SECRET SRL, or the wrong indication of the address for the delivery by the Customer.
The Company SECRET SRL shall inform the Customer if accidents or force majeure will happen, within 7 days from its happening. If the suspension of the performance will last more than 15 days, the Customer will be able to cancel the order and he will be refund of what already payed, as stated by the art 7 of these general condition of sale.
Article 12: Applicable Law and Jurisdiction
- The jurisdiction for selling contracts closed by phone or through the website Prince and Princess is the one provided by the art 66-bis of the Consume code. For the resolution of disputes it is possible to resort to the mediation procedures provided by the legislative decree 04/03/2010 n. 28. It is also possible foster the out-of-court resolution of dispute, as stated by the art 66 and 141 of the Consume Code.
- The law that apply to the selling contracts ruled by these general condition of sale is the Italian law, apart from the conflict-of-law rules and the rules of private international law. It can not be applied the 1980 Vienna Convention about the sale of movable goods.