Términos del servicio
These General Terms and Conditions of Sale govern the sale of products marketed by Calicantus srl on behalf of Aesop Italy srl and identified by the trademark Aesop and/or Apose (the “Products”), through the websiteapose.aesop.com (the “Website”).
The products sold through the Website are offered for sale to the purchaser (the “Customer” or “Consumer”) by Calicantus S.r.l. (the “Seller”), with registered office at via L. Mazzon 30, Quarto D'Altino (VE), VAT number 037590272.
1. CONTACT INFORMATION
1.1. For any information regarding the Products, you may contact Aesop by sending an email to [email protected].
1.2. For any information regarding orders, payments, shipments, and returns, you may contact the Seller by filling out the form here.
2. CONCLUSION OF THE SALES CONTRACT
2.1. To purchase one or more Products, the Customer must fill out an order form, providing all the mandatory information requested.
2.2. The Customer can place orders either as a registered user, after creating an account, or as a guest. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box.
2.3. The Customer will then receive an email confirming receipt of the order (the ‘Order Confirmation’). Receipt of the Order Confirmation does not constitute acceptance of the order proposal.
2.4. The purchase is considered finalised and concluded only when the order proposal is accepted by the Seller. The latter will send the Customer a subsequent email to confirm acceptance of the purchase proposal and inform them that the order is being shipped.
2.5. The order may be refused in the following cases:
a) due to the unavailability of the Product(s) ordered;
b) in the event of failure to authorise the total cost of the Product(s) to be charged using one of the applicable payment methods;
c) when, at the time of purchase, the price indicated is clearly incorrect (e.g. prices that are too high or too low compared to the prices normally applied for the same Product if there is no promotion in place that justifies the price indicated on the Website, incorrect calculation of VAT or other applicable taxes).
2.6. If the Seller refuses an order as indicated in paragraph 2.5 above, it shall send the Customer an email notification of refusal of the order and shall refund the Consumer if payment has already been made. This refund will be made using the same methods used for the purchase (see Article 5) without undue delay and, in any case, within 10 (ten) working days of the notification of refusal of the order.
2.7. The images displayed on the Website are provided for illustrative purposes only. While the Seller endeavours to ensure that the representations of the items on the Website are as accurate as possible, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to that displayed on the screen. Therefore, the Seller assumes no responsibility for errors or inaccuracies in the photographs and/or graphic representations of the items, including any differences in shade or grain, which may result from technical limitations in the rendering of colours and/or textures due to the specifications of the computer equipment. In any case, even in the event of an obvious discrepancy between the actual characteristics of the items and their representation, the Seller cannot be held responsible for the aforementioned difference.
3. RIGHT TO WITHDRAW
3.1. The right of withdrawal is only granted to the Customer if they purchase the Products as a consumer, as defined in Article 3, letter a) of the Consumer Code. If the Customer purchases the Products as a professional, as defined in Article 3, letter c) of the Consumer Code, the right of withdrawal may be granted at the Seller's discretion.
3.2. The Customer may withdraw from the Contract within 14 calendar days from the date of delivery of the Product. To exercise this right, simply follow the procedure set out in paragraph 3.3 below and the instructions in the Return Form before the expiry of the withdrawal period.
3.3. The Customer is required to take all necessary measures to preserve the integrity of the Product and do everything possible to ensure that the Product is returned in the best possible condition, with undamaged original packaging, any instruction manuals, or separate items and any other components delivered. The Product must not have been tampered with except to the extent necessary to establish its nature, characteristics and functioning. If these conditions are met, the Customer shall be entitled to a refund of the purchase price of the Product(s) in question in accordance with the provisions set out below.
3.4. To exercise the right of withdrawal, the Customer must complete the following Return Form. Until the goods remain in their possession, they will be responsible for the integrity of the Product.
3.5. If the Customer decides to return the Product and provided that the right of withdrawal from the contract has been exercised within 14 days of delivery of the Product, the payments received will be refunded without undue delay, using the same payment method used for the purchase, and in any case no later than 14 days from receipt of the notice of withdrawal and proof of return of the Product.
3.6. If the returned Product is damaged/malfunctioning, worn or tampered with, or shows physical, aesthetic or superficial alterations due to misuse or negligence on the part of the Customer, the latter shall be required to pay the price of the Product and related costs, including shipping costs and taxes, as originally agreed. Furthermore, returns of Products whose serial numbers do not match those indicated on the original delivery invoice will not be accepted.
3.7. The right to withdraw from the Contract is excluded in the case of purchases of customised Products pursuant to Article 59, letter c) of the Consumer Code.
4. SHIPPING
4.1. The Products ordered will be delivered to the address indicated by the Customer. Delivery times vary depending on the destination and the shipping method selected. Shipments are generally made on working days (Monday to Friday). The times indicated are to be considered indicative and not binding, it being understood that, in accordance with current consumer protection legislation, delivery must take place within a maximum of 30 days from the conclusion of the contract.
4.2. During promotional periods, sales or holidays, delivery times may be extended by up to a maximum of 15 working days compared to normal transit times.
4.3. Once the shipment has been made, the Customer will receive a communication containing the tracking number to monitor the status of the delivery at the email address indicated at the time of the order.
4.4. Delivery to the address indicated by the Customer by the courier may not be possible if the type of Products and/or the structural characteristics of the destination do not allow it. This may occur, for example, in the case of particularly bulky or heavy items, or if there are no lifts, goods lifts or other suitable conditions for transport to upper floors.
4.5. Any shipping costs, if applicable, will be indicated at the time of order completion.
4.6. The risk of loss or damage to the Products is transferred to the Customer upon physical delivery of the goods, or when a person designated by the Customer takes possession of them.
5. PRICE, VAT, DUTIES, PAYMENT TERMS
5.1. The prices applicable to the Products are those indicated on the Website, except in the case of an incorrect price pursuant to Article 2.5(c). Unless otherwise specified before placing an order, the prices of the Products include VAT.
5.2. In the case of deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties depending on the type of Product and the country of destination. These costs shall be borne by the Seller.
5.3. Payment for the Products can be made through the following payment circuits and services: Visa, Mastercard, Maestro, American Express, Visa Electron.
6. LEGAL WARRANTY OF PRODUCT CONFORMITY
6.1. All Products purchased on the Website are covered by a 24-month legal warranty of conformity from the date of delivery, pursuant to Articles 128 et seq. of the Consumer Code. The exercise of rights in the event of a lack of conformity, as provided for in Article 6.2 below, is subject to a limitation period of 26 months from the date of delivery.
6.2. Pursuant to Article 135 bis of the Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to return the Product at no additional cost. To this end, the Customer may choose between repair and replacement of the Products. This right of choice cannot be exercised if the remedy requested is impossible or involves excessive costs for the Seller.
6.3. In cases where the repair or replacement of the product has not been carried out or is impossible, or where the lack of conformity is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.
6.4. The warranty referred to in this article is excluded if the Customer is acting in a professional capacity. However, the possibility of availing oneself of the remedies provided for by the warranty for defects in the item sold, pursuant to Articles 1490 et seq. of the Civil Code, remains unaffected.
6.5. In the event of non-conformity of the Products, the Customer may contact the Seller by filling in the following form.
6.6. The Seller will assess the non-conformities reported by the Consumer and then decide whether or not to authorise the return of the Products, providing the Consumer with feedback via email.
6.7. If the Seller is required to refund the price paid to the Consumer, the refund will be made, where possible, using the same means of payment used by the Consumer when purchasing the Product.
7. INTELLECTUAL PROPERTY
7.1. The trademark Aesop and Apose and, more generally, all other trademarks, illustrations, images and logos appearing on the Products, their accessories and/or packaging, which are subject to registration, are and remain the exclusive property of Aesop. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited without the prior and explicit consent of Aesop . The same applies to copyrights, designs and models, and patents, which are the exclusive property of the company Aesop.
8. PRODUCT SAFETY (EU Regulation No. 2023/988 ‘GPSR’)
8.1 All Products sold on this Site are safe as required by EU Regulation No. 2023/988 on general product safety. Pursuant to Article 19 of the aforementioned Regulation, we provide the manufacturer's information.
8.2 For any concerns regarding Product safety, you can contact the manufacturer at the aforementioned email address.
9. FORCE MAJEURE
9.1. The Seller shall not be held liable for any failure or delay in fulfilling its obligations hereunder due to circumstances attributable to it and beyond its reasonable and foreseeable control ("Force Majeure Events").
9.2. Force Majeure Events include, but are not limited to, the following circumstances:
a) strikes, lockouts, and other industrial disputes;
b) civil unrest and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (declared or not) or threats or preparations for conflicts;
c) fires, explosions, storms, floods, earthquakes, epidemics, or other natural disasters;
d) impossibility of using public or private telecommunications;
e) pandemics and lockdowns.
9.3. The Seller's performance of its obligations under these General Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events continue. Notwithstanding the continuation of Force Majeure Events, the Seller undertakes to do everything in its power to find solutions that allow for the correct performance of its obligations.
10. PRIVACY
10.1. The Customer's personal data will be processed in accordance with the privacy policy.
10.2. For any other information regarding the processing of personal data, the Customer may contact the Seller by completing the following form.
10.3. To the extent permitted by law, the Seller may use the personal information provided by the Customer to conduct appropriate payment and anti-fraud checks. In this regard, the Seller, as part of its data processing activities pursuant to applicable law, may request the Consumer to provide their identification data, including, where appropriate, a copy of an identity document. The personal information provided by the user may be subject to verification, including by third parties such as a credit reference or fraud prevention agency, which may maintain a record of such information.
11. APPLICABLE LAW AND JURISDICTION
11.1. These General Terms and Conditions of Sale and individual contracts concluded with Customers are governed by Italian law.
11.2. Any dispute arising from the interpretation or execution of these General Terms and Conditions of Sale and their consequences shall be subject to the exclusive jurisdiction of the courts of the Consumer's place of residence or domicile, in accordance with Article 66-bis of the Consumer Code.
11.3 For online dispute resolution, the Customer has the option of using the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller can resolve disputes relating to online purchases with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.