TERMS AND CONDITIONS


Warnings
Joy Fragrances S.r.l. urges each user to read the following general conditions of sale (hereinafter, the "terms") carefully before making any purchase on the website, and, once the purchase is completed, having also accepted these general conditions in the act of placing the order, to save and print them on paper or digital copy.
By accepting the following terms and conditions and placing an order, which has the value of a contractual proposal, you represent that you have read, understand and accept the General Conditions described below fully and without reservation.



1. Object

1 – These general conditions of sale govern the offer and remote sale (together with a related contract, hereinafter, the "agreement") of the products of Joy Fragrances S.r.l. (hereinafter the "products") solely through the e-commerce website www.mrandmrsfragrance.com (hereinafter, the "website"). The General Conditions are regulated by Italian law and in particular by Legislative Decree 70/2003 regarding electronic commerce, as well as by Legislative Decree. 206/2005 (the "Consumer Code"), limited to contracts stipulated by users as consumers (as defined in the consumer code), with specific reference to the regulations governing contracts stipulated outside the business premises.

2 – This website, its domain name, the brand "Mr. & Mrs. Fragrance" as well as any further industrial and intellectual property rights related to the products (as defined below), are owned by Joy Fragrances S.r.l, with registered office at 21052 Busto Arsizio (VA), Viale Duca D'Aosta 19, – VAT Reg. No.: 06623340962 (hereinafter, "Joy Fragrances").

3 – The range of products is aimed at both users and consumers as defined in the consumer protection code (hereinafter, "consumers") and professional users, as defined in the consumer protection code (hereinafter, the "professionals"; together, consumers and professional, the "customers" or "customer").



2. Validity and amendment of terms and conditions

1 – The general conditions applicable to the sale of products are the ones posted on the website at the date of the product order. The customer, therefore, must accept them expressly and keep them on paper or in digital format before making any purchase.

2 – Joy Fragrances reserves the right to change these terms and conditions by giving notice on the website. In that case, any modification will be effective upon posting on said website.



3. Sale process

1 – The customer who intends to proceed with the purchase of the products must manifest that intention through a request made directly to the website where, following the procedure established therein, will forward your purchase order and payment.

2 – After receiving the purchase order issued by the customer, Joy Fragrances will transmit the receipt and acceptance of the purchase order, containing a summary of sales information (in particular, details of the payer and of the order, the price of the goods purchased and shipping charges, methods and terms of payment, the address where the goods will be delivered) to the latter by e-mail (on the customer’s receipt, the contract is deemed concluded), and will proceed to process the purchase order once payment is received, subject to the grounds for refusal or cancellation of orders required by these terms and conditions, or as permitted by law. It is understood that Joy Fragrances may accept or decline any orders received without, in case of rejection (which will be promptly communicated), the client being able to claim any rights or claims except the refusal of payment already effected.

3 – The Contract is covered by the purchase order issued by the customer, by receipt of the order issued by Joy Fragrances and by the General conditions.



4. Rights and duties of Joy Fragrances

1 – Product delivery: Joy Fragrances, subject to the grounds for refusal or cancellation of orders or delivery failure, envisaged by these terms and conditions or as permitted by law, undertakes to deliver the Products at its headquarters to the carrier responsible for transportation to the address indicated by the customer in the purchase order. It is understood that Joy Fragrances shall not be liable for:

a-delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer [in such cases Joy Fragrances shall be entitled to invoice an amount equal to Euro 20.00 to manage the order and the resulting stocking of the product purchased. In such cases, Joy Fragrances will furthermore have the right to proceed with cancellation of the purchase order;

b-damages sustained by the products after delivery to the carrier responsible for their transport and delays in delivery due to the latter;

c-Logistic problems of the suppliers used by Joy Fragrances;

d-Non-delivery due to the absence of the recipient. In such cases, Joy Fragrances shall be entitled to retain an amount equal to Euro [20.00] to manage the order and the resulting stocking of the product you purchased. In such cases, Joy Fragrances will furthermore have the right to proceed with cancellation of the purchase order;

e-Product unavailability regulated by the following point 4.2.

2 – Unavailable Products: In case of temporary or permanent unavailability of a Joy Fragrances product, the Customer shall be notified in order to agree whether to proceed with the cancellation of the order (after which the full cost of the order will be returned) or replacement of the product.

If cancellation of the order is arranged, free of charge, upon receipt of the customer's bank account information, the company will refund the price already paid for the purchase of products that are no longer available. Unavailability of one or more of the products ordered will not, however, give the customer the right to cancel the entire order, but only to delete the product that is not available.

3 – Cancellation of orders: Joy Fragrances reserves the right to refuse/cancel orders in case of abnormal conduct by the Customer/ failure to pay/continuous product returns/risk of damage, with the exception of refund of the payment already made.



5. Rights and obligations of Customers

1 – The customer is solely responsible for the truthfulness and correctness of information provided to Joy Fragrances and undertakes to report any changes or errors in data entered. In the event of incorrect data preventing completion of the product delivery, the provisions of paragraph 4.1 above will apply.

2 – Saving and printing the general terms: the Client agrees, on completion of the purchase process on the website, to save either an electronic copy or printed contract (including the herein general terms and conditions) for the purpose of their preservation, as advised in the notice in the inscription.

3 – Payment: the Client agrees to pay the amount due upon placing the order, using the selected payment system on the website at the time of placing the purchase order. Payments under the contract can be made by credit card or PayPal. In case of payment by credit card, the client shall, at the request of Joy Fragrances, provide additional information and/or documents proving ownership of the credit card used, it being understood that, if said information and/or documents are not forthcoming, Joy Fragrances can refuse payment and cancel your order, giving timely notice to the customer. The purchase receipt corresponding to the order will be sent to the Customer by mail. At no time during the credit purchase process is Joy Fragrances  able to know personal information about the cardholder. The payment is completed securely and in direct connection between the customer and PayPal or between the customer and the payment gateway provider and credit card details will be checked and guaranteed by the PayPal system or payment gateway. In no event shall Joy Fragrances have access (or may store) your credit card information, but only receives from PayPal or the payment gateway a notice of the success or failure of the transaction. For this reason, Joy Fragrances shall not be liable for any fraudulent use of credit cards by third parties upon payment of goods purchased on its website.

4 – Product delivery: upon delivery of the goods by the carrier responsible for their transport, the customer must check, in the presence of the carrier:

a-that the amount and type of the goods ordered corresponds to that indicated in the transport document;

b-that the packaging used in transport is intact, undamaged, not wet or otherwise altered, including even only the sealing materials.

Any anomalies must be reported immediately to the carrier upon receipt of the products, indicating on the delivery note the words "Received with reservation".

In the absence of the recipient, the carrier will leave a notice and redeliver within 24 hours. If that fails, the product will be stored in the carrier’s warehouse. In cases where the Product is to return to Joy Fragrances, the prediction 4.1 above will apply.5 – Support: for any requirement for assistance or complaints regarding the products purchased, the customer must contact Joy Fragrances as indicated in paragraph 5.8 of the General conditions, using the pertinent user area named "Customer Care".

6 – Cancellation of orders: Joy Fragrances accepts free cancellation of orders before they are processed. To cancel an order, the customer must go to "my account" and click the button "my orders". No cancellation requests are accepted via email.

7 – Registration on the website, and subsequent creating of an account is not bound to the purchase of a product; registration merely serves to make it easier for Joy Fragrances to respond to user requests.

8 – Use its own user area. Each customer is expected to use the user area named "my account" to receive manage and/or modify their information. Within this area the customer can:

a-consult, change or reorder the products ordered. Cancel an order. View the status of an order, send us requests or information, express anomalies on the received product;

b-manage and edit their addresses;

c-manage and edit your personal information;

d-manage their coupons;

e-miscellaneous instructions on how to download attachments;

To change the data of your order and invoice you must follow indications  in the "payment" section particularly in "change data" and "invoices and receipts".

9 – Respect and compliance are required with the procedures outlined in the sections of texts on the website and in the general terms and conditions for any transaction or request by the customer. Joy Fragrances asks its customers to follow the procedures described in the general conditions and in the texts of the website to respond and resolve requests received as soon as possible. Joy Fragrances works through standardized procedures, so it asks the customer to be aware of them and respect them.

10 – Product exchange: the customer is permitted to exchange the product, once received, and decide to replace it with another from the Joy Fragrances catalogue under the following conditions:

a-the replacement product must be of the same or a higher price;

b-indication of the change must be made within 3 days from the product delivery date, and must be in the original delivery conditions;

c-before sending or receiving money from the old product, the customer must proceed with the order of the new product required in exchange and the appropriate payment. Only after Joy Fragrances has communicated by email to the customer that the payment was received will it send the replacement product. Joy Fragrances reserves the right not to accept the product shipped in return if  the customer does not comply with this procedure.

11 – Invoice-receipt: to obtain the invoice, the customer is obliged, under their own responsibility, to enter the corporate name and VAT number on the order. For a receipt simply enter the data requested on the registration form. The invoice and receipt are generated after payment of the order and are attached to the product shipped to the customer. The invoice is issued to the person issuing the order; to invoice the order to a different person, this person’s data must be entered on the order invoice.



6. Delivery times and method

1 – The website indicates delivery times within which the ordered product will be delivered to the Customer in the mode set out in this article, using trusted couriers and/or shipping agents of Joy Fragrances. Availability and delivery times may vary to what was indicated on the website; therefore, Joy Fragrances makes no commitment or guarantee of full compliance with the delivery times indicated on the website and/or in the order or be liable for any delay. Joy Fragrances shall have no liability in any capacity in the event of delay in the issue of the order or delivery of the ordered product.

2 – In the event of a temporary or permanent unavailability of a Joy Fragrances product, the Customer will be notified in order to agree whether to cancel the order (after which the full cost of the order will be returned) or to replace the product.

3 – It is the Customer’s responsibility to verify the correctness of the data in the order acknowledgment sent by e-mail.

4 – Shipment of the products will be paid for by the customer, unless otherwise specified.

5 – Delivery of products shall be subject to payment of the cost by the customer in the mode chosen from among those offered by Joy Fragrances.

6 – Delivery terms and conditions other than those provided for in these terms and conditions must be agreed upon with Joy Fragrances and the latter accepted by the order confirmation sent by e-mail.

7 – Receipt of goods will be understood as tacitly accepted (in the content, quality and quantity thereof) after [14] days from receipt thereof unless the customer has made complaints by any means in relation to the order.

8 – The order status can and should be followed only through the dedicated user area section.



7. Use of the website

1 – Joy Fragrances accepts no responsibility with regard to problems caused to the customer from use of the website and of technologies that are not dependent on its own fault, such as, but not limited to:

a-any errors, delays or customer’s inability to access the website during execution of the sales process;

b-errors, delays or impossibility for the customer to receive communications from Joy Fragrances in connection with the sale of the products. In any case, Joy Fragrances is committed, within its ability, to provide the customer with the necessary assistance in order to obtain a quick and satisfactory solution to the aforementioned problems.

 

8. Prices

1 – All sales prices of the products shown on the website are expressed in Euros, unless otherwise stated, including VAT.

2 – The prices charged are those indicated on the website at the time the customer issues the purchase order, without any consideration of any price increases or decreases. When changing an order, the prices of new products will be those indicated on the website at the time of the review, in the case of products different from the ones included in the original order, while the price shown at the time of ordering will be applicable if the change only concerns the number of products already ordered.

3 – Prices do not include shipping and handling charges that will be duly highlighted prior to the issuance of the purchase order from the customer and on receipt of its confirmation.



9. Right of withdrawal

1 – Pursuant to articles 52 and following of the Consumer Code, the consumer shall be entitled to withdraw from the contract without penalty and without providing any reason. To this end, communication must be sent by registered mail to the address Joy Fragrances srl, via Gavinana 14, 21052 Busto Arsizio (VA), or by fax to 0331-561072, or by e-mail to customercare@mrandmrsfragrance.com, within 14 days of the date of delivery of the goods.

2 – The return of products subject to withdrawal must be made at the care, expense and risk of the consumer to the following address: Yusen Logistics (Italy) S.p.A. srl, via Privata Piemonte 1, 20010 Arluno (MI).

3-The right of withdrawal is subject to the following conditions:

a-the right applies to the product purchased in its entirety; it is therefore not possible to exercise the withdrawal on a part of the purchased product (e.g., accessories);

b-the product has not been used or damaged;

c-the product is undamaged and returned in its original packaging, complete with all its parts (including packaging and any additional documentation);

d-the returned goods are to be accompanied by a document containing documentation of the number and date of the invoice or receipt for the product;

e-if the product for which the right of return is exercised is received damaged by Joy Fragrances, it must exclusively notify the consumer to enable them to exercise the right of recourse against the carrier used for returning the product.

4 – Joy Fragrances will reimburse the Customer for the entire amount paid, with 14 days of receipt of communication of termination, through a return procedure. Joy Fragrances in every case shall be entitled to suspend the refund until  the products have been received.



10. Promotions

1 – The promotions offered by Joy Fragrances are valid until stocks are exhausted and within the limits indicated on the website; the promotions are not cumulative, unless indicated otherwise, and the products on sale may be delivered in promotional packs other than those published on the website.

2 – Joy Fragrances may stop or change any promotional terms on items without notice.



11. Product warranties

1 – It is understood that the visual representation of the products on the website generally corresponds to their photographic images and has the sole purpose of presenting them for sale, without any implicit or explicit guarantee or commitment by Joy Fragrances regarding the exact correspondence of the image depicted on the website with the actual product.

2 – With the exception of mandatory legal provisions, Joy Fragrances warrants its products from defects or non-conformity for a period of 1 year after delivery. This shall not prejudice the Customer’s consumer guarantee pursuant to the consumer code. In this case the consumer is obliged to report the defect found to Joy Fragrances, within a period of 2 (two) months, under penalty of forfeiture, by registered mail to the address Joy Fragrances srl, via Gavinana 14, 21052 Busto Arsizio (VA), or sent by fax to: 0331-561072, or sent via e-mail to customercare@mrandmrsfragrance.com. Joy Fragrances will make every reasonable effort to replace the defective product at its own expense and within a reasonable period. If this is not possible, or would be prohibitively expensive, the consumer shall be entitled to terminate the contract by requesting a refund of amounts paid for the purchase of the product, excluding any further responsibility by Joy Fragrances. These warranties apply only in cases that the product has been used properly, in accordance with the intended use.

3 – All products meet the standards set by European Union regulations. Joy Fragrances is not liable for any deviations from the standards of different countries.



13. Intellectual and industrial property rights

1 – All trademarks and distinctive signs or any other rights of intellectual and industrial property accessible from and/or reproduced on the website or otherwise relating to the products, are the exclusive property of Joy Fragrances — the latter is the legitimate licensee (hereinafter "intellectual property rights").

2 – Any use of intellectual property rights is prohibited without the prior written permission of Joy Fragrances.

3 – Joy Fragrances accepts no responsibility with regard to intellectual property rights, with respect to which the customer does not acquire any rights following the conclusion of the contract.

4 – No responsibility is taken for any of the content published on the website and the use that third parties can make of it, from any contamination deriving from access, interconnection, downloading of materials and programs from this website. Joy Fragrances therefore cannot be held responsible for any damage or loss of any kind that third parties may suffer as a result of their access to the website, or from the use of that published or the software used.



14. Governing law and jurisdiction

1 – The contract of sale concluded between the customer and online Joy Fragrances is concluded in Italy and is governed by Italian law.

2 – For the settlement of claims arising from the conclusion of the remote sales contract, if the customer is a consumer, the territorial jurisdiction is the court of his or her place of residence. In all other cases, the territorial competence is exclusively the Court of Milan.



15. Protection of personal data

1 – Joy Fragrances guarantees that the personal data collected in connection with the sale of products will always be treated lawfully and correctly, in full compliance with the provisions of Legislative Decree June 30, 2003, No. 196.

2 – For any information concerning the processing of personal data, please refer to the Privacy Policy section and disclosure standards, which must be checked for acceptance on processing data given to Joy Fragrances by the customer, pursuant to Art. 13 of Leg. Dec. 196/2003, when you register on the website.