GENERAL TERMS AND CONDITIONS OF SALE, effective as of 10/05/2022
The following Terms and Conditions of Sale regulate the sale on this website "http://www.inastra.com"(Website). The seller is ScentFactory srl, with registered office in via Quintino Sella 4 Milano MI 20121 IT, Chamber of Commerce of Milano Monza Brianza Lodi, VAT number IT11227810964, with fiscal code 11227810964 (Seller).
Article 1. Application Scope
1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) Of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.
1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit the website regularly in order to read the most updated version of the General Sale Conditions.
1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.
1.5 These General Terms and Conditions of Sale do not regulate the sale of products and / or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and / or the sale of products by these parties. The Seller does not carry out any checks on and / or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the
contents of these Websites, nor for any possible mistakes and / or omissions and / or legal breaches by the said websites.
1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Article 2. Purchasing through the Website
2.1 The purchase through the Website is allowed to the user who
- is a registered user of the Website
- acts as a consumer.
dell’art. 3, I comma, lett. a) del Codice del Consumo si ricorda che riveste la qualità di consumatore la persona fisica che agisce per scopi estranei all’attività imprenditoriale, commerciale, professionale o artigianale eventualmente svolta.
2.2 To avoid hoarding, you cannot buy more than 3 pieces of the same article within the same order.
2.3 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be allowed to make purchases on the Site. It is therefore forbidden for such persons to make purchases on the Website.
2.4 In the case of orders that are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.
2.5 The Seller reserves the right to refuse or cancel orders placed:
- by a user with whom the Seller is in dispute
- by a user who has breached these General Terms and Conditions of sale
- by a user who has committed crimes
- by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents.
comunque inesatti ovvero che non abbiano inviato tempestivamente al Venditore, i documenti dalla stessa richiesti o che le abbiano inviato documenti non validi.
Article 3. Registering on the Website
3.1 To register on the Website, the user must fill out the registration form, entering the following data:
3.2 The user undertakes to immediately inform the Seller if they have suspicions of or become aware of any illegal use or disclosure of said data.
3.3 The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Seller against any losses, damages and / or liabilities deriving from and / or in any way connected to the breach by the user of the provisions concerning registration within the Website or the storage of registration credentials.
Article 4. Information Required for Entering into an Agreement
4.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:
to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;
- the agreement is concluded when the order form reaches the server of the Seller
- once the order form has been submitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing the following:
or a link to the general conditions of sale or purchase descriptions
or the relevant price
or an indication of the payment means
or an indication of the delivery costs
or the delivery time
or an indication of the delivery costs and any additional costs.
or an indication of the delivery costs and any additional costs.
Article 5. Product Availability
5. 1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.
5.2 The Website contains information relating to the availability of each Product.
5. 3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.
5.4 Alternatively and without prejudice to his / her rights, the user may accept:
• an extension of the delivery period.
5.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 20 days.
5.6 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. If the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) - has already been made, the Seller will refund the Total Sum Due according to Article "Payment Methods for Purchases Made through the Website".
Prodotto, dalle spese di spedizione, se applicate, e da ogni altro eventuale costo aggiuntivo, come risultante dall’ordine (I m p o r t o Totale Dovuto) sia già avvenuto, il Venditore effettuerà il rimborso dell’Importo Totale Dovuto ai sensi di quanto disposto dall’articolo “Modalità di pagamento” infra.
Art. 6. Product Sheet
6.1 Each Product is accompanied by a product information sheet illustrating its main features as well as the INCI names of ingredients (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
Article 7. Prices
7.1 All prices are VAT included.
7.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.
7.3 The shipping costs are expressly and separately indicated in the order form, before the user proceeds to transmit the same.
Article 8. Purchase Orders
8. 1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product (s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product (s) .
The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that you have not paid all of the Total Amount Due.
Il Servizio da Lei scelto sarà effettuato solo a seguito del pagamento dell’Importo Totale Dovuto. Il Venditore si riserva il diritto di non prestare il servizio qualora, successivamente all’inoltro del Suo ordine di acquisto, fosse accertato che Lei non ha pagato in tutto l’Importo Totale Dovuto.
8.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be canceled accordingly.
8.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, by clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.
Article 9. Payment Methods for Purchases Made through the Website
9.1 The payment on the Website can be made by:
- Payment cards
9.2 The Seller accepts the following credit cards:
- MasterCard (Cirrus Maestro)
- American Express
The credit cards accepted by the Seller are specified in the footer.
The user hereby authorises the storage of the inserted payment option details and their re-use for the payment of subsequent purchases on the Website, thus avoiding the need to insert such data at each purchase. The charge will only be made after (i) your payment card details used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorization. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the relevant payment institution without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the data of your payment card used to pay for the Products. The charge of the Total Sum Due will only be made at the time of transmission of the order.
riutilizzazione dei dati della carta di pagamento per gli acquisti successivi seguendo le istruzioni presenti sul Sito.
L’addebito sarà effettuato solo dopo che (i) saranno stati verificati i dati della Sua carta di pagamento utilizzata per il pagamento e (ii) la società emittente della carta di pagamento da Lei utilizzata avrà rilasciato l’autorizzazione all’addebito.
I dati riservati della carta di pagamento (numero della carta, intestatario, data di scadenza, codice di sicurezza) sono criptati e trasmessi direttamente al gestore dei pagamenti senza transitare dai server di cui il Venditore si serve. Il Venditore quindi non ha mai accesso e non memorizza, neanche nel caso in cui Lei scelga di memorizzare tali dati sul Sito, i dati della Sua carta di pagamento utilizzata per il pagamento dei Prodotti.
L’addebito verrà effettuato al momento della trasmissione dell’ordine.
9.3 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal . The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account. If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favor of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user's PayPal account.
Nel caso di pagamento mediante PayPal, l’Importo Totale Dovuto Le sarà addebitato da PayPal contestualmente alla conclusione del contratto tramite il Sito. In caso di risoluzione del contratto di acquisto e in ogni altro caso di rimborso, a qualsiasi titolo, l’importo del rimborso a Lei dovuto sarà accreditato sul conto PayPal dello stesso. I tempi di accredito sullo strumento di pagamento collegato a tale conto dipendono esclusivamente da PayPal e dal sistema bancario. Una volta disposto l’ordine di accredito a favore di tale conto, il Venditore non potrà essere ritenuto responsabile per eventuali ritardi od omissioni nell’accredito dell’importo di rimborso, per contestare i quali Lei dovrà rivolgersi direttamente a PayPal. Qualsiasi tipo di rimborso da effettuarsi ai sensi
delle presenti Condizioni Generali di Vendita sarà accreditato sul Suo conto PayPal.
Art. 10. Product Delivery
10.1 Delivery of the Products purchased on the Website is carried out in Italy, in the EU Member States and in the countries listed in the checkout page. The obligation to deliver is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the user.
10.2 The expenses for delivery of the Products will be borne by the user. The expenses are however stated in the checkout page.
10.3 The Products will be delivered within 1 to 5 business days and, in any case, within thirty (30) days, effective from the day on which the agreement is entered into.
10.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests that you check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests that you indicate on the carrier's transport document, any anomalies, accepting the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.
Article 11. Right of Withdrawal
11.1 The user - who acts as a consumer - has the right to withdraw from the sale of goods agreement for the Product (Sample Set excepted) without stating the reason and without incurring in additional costs and expenses other than those indicated in this article, within fourteen calendar day (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days:
to. in case of a single or multiple Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Products;
b. in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product delivered last.
11.2 To exercise the Right of withdrawal, the user must inform the Seller of their decision to withdraw, prior to the expiry of the Withdrawal Period.
11.3 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. This communication must be sent to the following email address:
The Consumer shall obtain lasting means of storage for the communication related to the exercise of the Right of withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the user.
11.4 In case of exercise of the right of withdrawal, you must contact the Seller, who will provide specific instructions as to return the Product. You must then deliver the Product and the completed withdrawal form to the address indicated to you by the Seller following your email.
11.5 The cost for returning the Product is at the user's expense and the return occurs under their responsibility. The Seller advises that insurance should be taken, for if the Product is lost or damaged, the Seller will not be held accountable and the reimbursement request will therefore be cancelled.
11.6 If the user withdraws from the agreement, the Seller shall refund the Total Sum Due paid by the user for the Products, except delivery expenses, without undue delay and no later than 14 calendar days from the date on which the Seller has received the returned Products. The refund will occur by using the same payment method employed for the original transaction.
11.7 The Seller has the right to deny a reimbursement request of the returned Products upon their reception, whenever the returned Products are not in the original conditions. The Products will have to be returned in perfect condition for resale: not opened; not used; with the film still intact, sealed and not tampered; and without any sign of wear, dirt or handling.
11.8 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won’t create any right of reimbursement. The Seller will communicate to the user that it will reject the withdrawal request from the reception of the Product.
11.9 In the case of partial withdrawal from Multiple Orders, the amount to be reimbursed in favor of the user will consist solely of the Product subject to withdrawal, and it will be applied the policy shown in the aforementioned paragraphs of this article.
Article 12. Legal Guarantee of Conformity
All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128- 135 of Consumer Code (Legal Guarantee). To whom it applies
To whom it applies
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.
When it applies
The Seller is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The Seller must be informed of the non- conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. Unless proven otherwise, the non-conformity materialising within six months from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement ) and the delivery date. In case of a non-conformity reported within the prescribed period, the user is entitled to the following: (i) firstly, the repair or replacement of the good free of charge, according to preference, unless the requested solution is objectively impossible or excessively burdensome with respect to the other one; (ii) secondly (in cases where repair or replacement is impossible or excessively burdensome, or where repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused significant inconvenience to the consumer) a discounted price or the termination of the agreement, according to the preference of the user. The requested solution is excessively expensive if it entails unreasonable expenses for the Seller compared to alternative solutions, considering (i) the value that the good would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution may be achieved without significantly inconveniencing the consumer. The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.
Per poter usufruire della Garanzia Legale, il consumatore dovrà quindi fornire innanzitutto prova della data dell’acquisto e della consegna del bene. E’ opportuno, quindi, che il consumatore, a fini di tale prova, conservi la fattura di acquisto ovvero qualsiasi altro documento che possa attestare la data di effettuazione dell’acquisto (per esempio l’estratto conto della carta di pagamento) e la data della consegna.
In caso di risoluzione del contratto, il Venditore restituirà al consumatore l’importo complessivo pagato, costituito dal prezzo di acquisto del
Prodotto, dalle spese di spedizione e da ogni altro eventuale costo aggiuntivo. In caso di riduzione del prezzo, il Venditore restituirà l’importo della riduzione, previamente concordato con il consumatore. L’importo del rimborso o della riduzione verrà accreditato sul mezzo o la soluzione di pagamento utilizzato/a dal consumatore per l’acquisto.
Il Venditore non è responsabile in caso di danni, di qualsivoglia natura, derivanti dall’uso del Prodotto in modo improprio e/o non conforme alle istruzioni fornite dal produttore nonché in caso di danni derivanti da caso fortuito o forza maggiore.
Article 13. Applicable Law and Jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
13.1 The purchase contracts concluded between you and the Seller are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.
1 3. 2 If you are a "consumer", for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.
13.3 According to Article 141-sexies, paragraph 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), the Seller informs the user as an end consumer whom Article 3, paragraph 1, lett. a) of the Consumer Code, that, in case he / she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the controversy that arose, the Seller will provide the information concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.
13.4 Furthermore the Seller informs you as consumer whom at Article 3, paragraph 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved.
1 3. 5 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.
1 3. 6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu
Article 14. Customer Care and Complaints
È possibile chiedere informazioni, inviare comunicazioni, richiedere assistenza o inoltrare reclami, contattando il Venditore con le seguenti modalità:
You may request information, send communications, ask for assistance or submit complaints by contacting the Seller's Customer Service as follows:
• by email, writing to: email@example.com.
The Seller will deal with complaints by replying within 5 days of receipt.
Article 15. Intellectual Property Rights
The Website and the material published on it are protected by the Intellectual Property; In Astra ® is a registered trademark. The Seller is the owner or the licensee of all intellectual property rights inherent in the Website. Your sole right to use the intellectual property inherent in the Website is strictly necessary to enable you to access the Website and to peruse its contents. All other use of the material on the Website must be authorised by the Seller.
licenziatario dei diritti di proprietà intellettuale presenti sul Sito. L’unico diritto dell’utente consumatore di utilizzare la proprietà intellettuale presente sul Sito si limita al solo accesso e visita del Sito oltre che all’osservazione dei suoi contenuti. Ogni altro utilizzo dei contenuti pubblicati sul Sito deve essere autorizzato dal Venditore.