Terms and Conditions of Sale
Premise
The Buyer expressly
declares to make the purchase in a personal capacity and for purposes unrelated
to the commercial or professional activity that may be exercised.
Supplier identification
The perfume HAMILTON MOURAD 69 for sale
on www.hamiltonmourad.com, (hereinafter the "Site") is sold and
invoiced by HAMILTON MOURAD, with headquarters in Via Perugino 24 - 20135- MILAN ITALY
, VAT & Tax Code: 07024660966
For any information regarding
orders, shipments and, more generally, purchases, you can contact HAMILTON
MOURAD at the following addresses:
Mail: info@hamiltonmourad.com
Telephone: +39 (02) 5454092
From Monday to Friday 11am -1pm
GENERAL CONDITIONS OF SALE
1. Acceptance
of the general conditions of sale and conclusion of the contract
1.1 The
contract stipulated between HAMILTON MOURAD and the
Customer (ie the subject, a natural person, who makes
the purchase on the Site, not referable to his own commercial, entrepreneurial
or professional activity) must be considered concluded with the acceptance,
even if only partial, of the order from HAMILTON MOURAD. In case
of non-acceptance of the order, HAMILTON MOURAD will in
any case promptly notify the Customer.
1.2 By
placing an order in the various ways provided, according to the order form on
the Site (hereinafter the "Order"), the Customer declares to have
read all the information provided to him during the purchase procedure and to
accept these general conditions in full (hereinafter the
"Conditions").
1.2 By
placing an order in the various ways provided, according to the order form on
the Site (hereinafter the "Order"), the Customer declares to have
read all the information provided to him during the purchase procedure and to
accept these general conditions in full (hereinafter the
"Conditions").
1.3 These
Conditions may be printed or saved on a durable medium, in compliance with the
provisions of art. 12 of Legislative Decree 70/2003 and by art. 51 of
Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
1.4 These
general conditions of sale govern the sale of products marketed by the Seller
to consumer users and users who act for purposes related to the business
activity. These general conditions are effective from the date of acceptance of
the same by the customer on the site, which is valid for all purposes as
acceptance pursuant to art. 1341 of the civil code. The company reserves the right
to modify these general conditions of sale at any time by posting them on the
site. Any contractual or extra-contractual liability on the part of the company
for direct or indirect damages to persons and / or things caused by the
non-acceptance, even partial, of an order is excluded.
2.
How to purchase
2.1 THE
HAMILTON MOURAD 69 PERFUME offered for sale by HAMILTON MOURAD is
only the one present on the HAMILTON MOURAD website at the time the
Order is placed, as described in the relative information sheet.
2.2 In any
case, it is understood that the images accompanying the description of the
perfume are for informational purposes only and may not be perfectly
representative of its characteristics but differ for example. by color and size
(also due to the browser and monitor used to access the Site and view images).
2.3 In
order to place an Order, the Customer must fill out the relevant form on the
Site in its entirety and send it after having carefully read the Conditions, as
well as the characteristics of the perfume he intends to purchase. The Customer
must also request HAMILTON MOURAD, if desired, to issue a tax
invoice relating to the purchase, pursuant to art. 22 Presidential Decree n.
633/1972.
2.4
Correct receipt of the Order is confirmed by HAMILTON MOURAD by means
of an e-mail reply, sent to the e-mail address supplied by the Customer. This
confirmation message will summarize the purchase conditions, as required by the
applicable legislation, as well as the data entered in the Order by the Customer,
so that the same can verify the same and possibly communicate without delay the
necessary corrections of incorrect data.
3.
Prices and Payment Methods
3.1 The
prices indicated on the site are to be considered inclusive of taxes, VAT and
shipping costs for Italy and the countries of the European
Community. For countries outside the
European Community, any shipping costs or payment costs come in every case
communicated in advance to the Customer through the site, via e-mail or these
Conditions.
3.2 The following
payment methods are envisaged:
(i)
PayPal
Per il pagamento può essere utilizzato
dal cliente il circuito PayPal secondo le modalità specifiche dello stesso.
3.3 In
cases of purchase of goods with PayPal payment methods, at the same time as the
online transaction is concluded, PayPal will immediately charge the amount
relating to the purchase made.
3.4 In the
event of cancellation of the order, both by the Customer and in the event of
non-acceptance of the same by HAMILTON MOURAD, At the
same time as the cancellation, the amount relating to the canceled goods will
be credited back to the customer's Paypal account.
The re-credit times on the payment instrument chosen within the Paypal account depend exclusively on PayPal and the banking
system. Once the amount has been credited back to the Paypal
account, in no case HAMILTON MOURAD can be
held responsible for any damage, direct or indirect, caused by delays in the
actual crediting of employees of Paypal or the
banking system.
3.5 HAMILTON MOURAD reserves the right to request
additional information from the Customer (e.g. landline phone number) to
determine the actual ownership of the PayPal account. In the absence of the
required documentation, HAMILTON MOURAD reserves the right not to accept
the order.
3.6 At no
time during the purchase process HAMILTON MOURAD is able
to know the information relating to the buyer's credit card or other methods
chosen within the PayPal wallet. In no case HAMILTON MOURAD can
therefore be held responsible for any fraudulent and improper use of credit
cards by third parties, upon payment for products purchased on www.hamiltonmourad.com.
4.
Delivery of products and related costs
4.1 The products
purchased will be managed within 2-7 days from the date of the order and will
be delivered to the address indicated by the Customer in the Order within 24-72
hours from the preparation of the order by HAMILTON MOURAD, at the cost
specifically indicated on the Site. before sending the Order. HAMILTON MOURAD
reserves the right to accept or not deliveries requested from Italy, outside
the Italian or European borders. In any case, for deliveries to be made outside
the Italian borders, shipping costs and delivery times may vary.
4.2 With
regard to deliveries requested in countries outside the European Union, any
import customs fees will be borne by the recipient. The Customer is therefore
invited to contact the customs authorities of their country in advance to check
the costs and any import limits.
4.3 The
delivery times indicated by HAMILTON MOURAD must be considered as purely
indicative and a delay with respect to them, or any delivery made with
subsequent split shipments does not legitimize the Customer to refuse the
delivery itself and to request compensation or compensation.
Shipping
cost. Listed below:
ITALY and
countries of the European Community:
Express Shipping // = Free
REST OF
THE WORLD:
The customer must 'contact customer service by sending
an email to info@hamiltonmourad.com
4.4 Upon
delivery of the products, the Customer is required to check:
that the
number of packages delivered corresponds to what is indicated in the transport
document.
that the
packaging is intact, not damaged, wet or otherwise altered, even in the sealing
materials (adhesive tape or metal straps).
Any damage
to the packaging and / or the product or the mismatch in the number of packages
or indications, must be immediately detected, putting a specific indication on
the product delivery document to be returned to the courier.
Any problems concerning the physical integrity, correspondence or completeness
of the products received must be reported within 3 days of delivery, according
to the procedures set out in this document.
4.5 For
each order placed on HAMILTON MOURAD, invoices can be issued upon
customer request by e-mail, with the necessary data: Name, Surname, VAT number
or Tax Code to the e-mail address: info@hamiltonmourad.com. No change in the
invoice will be possible after it has been issued.
4.6 No responsibility can be attributed to HAMILTON MOURAD
in case of delay in order fulfillment or delivery of the order.
4.7 All shipments are traceable and
the tracking number will be provided to the buyer by e-mail.
5. Limitations of liability
5.1. HAMILTON MOURAD assumes no
responsibility for inefficiencies attributable to force majeure if he fails to
execute the order within the time stipulated in the contract.
5.2. Furthermore,
HAMILTON MOURAD will not be
liable for damages, losses and costs incurred by the Buyer as a result of the
failure to execute the contract for reasons not attributable to him, since the
Buyer is only entitled to a full refund of the price paid and any additional
charges incurred.
5.3. HAMILTON MOURAD assumes no
responsibility for any fraudulent or illegal use that may be made by third
parties of credit cards, checks and other means of payment, for the payment of
the products purchased, if it proves that it has taken all possible
precautions. on the basis of the best science and experience of the moment and
on the basis of ordinary diligence.
5.4. In
no case can the Buyer be held responsible for delays or errors in payment if he
proves that he has made the payment in the times and methods indicated by the
Supplier.
6. Right of withdrawal - INFORMATION
6.1
Excluding the hypothesis of cosmetic products (such as personal perfumes sold
on the website www.hamiltonmourad.com) which, pursuant to art. 59 of the
Consumer Code, does not fall within the right of withdrawal ("the supply
of sealed goods that do not lend themselves to being returned for hygienic
reasons or related to health protection and have been opened after
delivery"), to the User, who acts as a Consumer, the right to withdraw
from any contract concluded pursuant to these general conditions of sale is
recognized, without any penalty and without specifying the reasons, within the
term of 14 (fourteen) days. The term begins: (i) in
the case of a sales contract relating to a single good, from the day on which
the Consumer or the designated third party acquires physical possession of the
good; (ii) in the case of a sales contract relating to multiple goods, ordered
with a single order and delivered separately, from the day on which the
Consumer or the designated third party acquires physical possession of the last
good.
6.2 To
exercise the right of withdrawal, the Consumer User must inform HAMILTON
MOURAD, before the expiry of the aforementioned term, of his decision by
sending an explicit declaration to the Seller also by email at
info@hamiltonmourad.com
6.3
Following the e-mail confirming the exercise of the withdrawal sent by the
Seller, the Consumer User must return the products to HAMILTON MOURAD no
later than the next 14 days. For the purposes of the correct exercise of the
right of withdrawal, the products must be returned intact, still packaged, if
there is a transparent film, and never used. Shipping for the return of the
order is at the User's expense, including any international duties and taxes
for orders sent to non-EU territories. Packages sent at the expense of the
recipient will not be accepted. The products must be returned to the Seller in
their substantial integrity, with their original packaging, accessories,
instructions for use and anything else provided with them, by post to the
following address in HAMILTON MOURAD Via Perugino 24, 20135 Milan -
ITALY
6.4 The
risks and direct costs of returning the products will be borne by the Consumer
User.
6.5 In the
event of withdrawal, the payments made, including delivery costs (with the
exception of additional costs deriving from the possible choice of a type of
delivery other than the least expensive type of standard delivery offered),
will be reimbursed to the Consumer User, without undue delay and, in any case,
no later than 14 days from the exercise of the withdrawal. These refunds will
be made using the same payment method used by the Consumer User for the initial
transaction, unless the User requests a refund on a different payment method,
in which case any additional costs deriving from the different payment method
will be borne by the User. payment method. The reimbursement will be made only
after receipt of the products and control by HAMILTON MOURAD of their
integrity.
6.6
Without prejudice to the impossibility of exercising the right of withdrawal in
the cases provided for by art. 59 of the Consumer Code (including the case of
the purchase of sealed goods that do not lend themselves to being returned for
hygienic reasons, such as cosmetics, if they have been opened after delivery),
the User is in any case responsible the decrease in the value of the products
resulting from handling other than that necessary to establish the nature,
characteristics and functioning of the products. If the returned products are
damaged (for example with signs of wear, abrasion, nicks, scratches,
deformations, etc.), not complete with all elements and accessories (including
labels and tags unaltered and attached to the product), not accompanied from
the original packaging and packaging and from the guarantee certificate, where
present, the products will be sent back to the User, at the latter's expense.
6.7 HAMILTON MOURAD will not be responsible for
the transport costs for the return or for any loss or damage to the Products
attributable to third parties.
6.8 In any case, the Customer will
lose the right of withdrawal in cases where HAMILTON MOURAD ascertains that:
the
returned product and / or its accessories, and / or its packaging are not
intact;
the
product is missing its external packaging and / or its original internal
packaging;
the
product is missing its integral elements and / or accessories (eg closures, laces, buckles, caps, lack of liquid, etc...).
In case of
forfeiture of the right of withdrawal, HAMILTON MOURAD will return the
purchased product to the sender, charging the shipping costs to the sender and,
if already reimbursed, the price of the product.
7. Reporting of conformity
defects, damage to products and warranty.
7.1. The User is obliged to check, upon delivery of the Products, that the packaging
is intact, not damaged or otherwise altered, even in the closing materials.
Under penalty of forfeiture, any damage must be immediately reported to the
courier. Once the courier's document has been signed without reservations, the
User will not be able to make any objection about the external characteristics
of what was delivered.
7.2. In
the event of a lack of conformity, under penalty of forfeiture of this
guarantee, the Consumer User has the burden of reporting any defects and
non-conformities within and no later than 2 (two) months from discovery, by
notifying HAMILTON MOURAD, including to by
email to hamilton @ hamiltonmourad
with an indication of the defect and / or non-conformity found, at least a
photograph of the defect, as well as the order confirmation sent by HAMILTON
MOURAD and / or the tax receipt. Following receipt of the report and
related documentation, the Seller will evaluate the defects and
non-conformities reported by the User and, after having carried out the quality
checks to verify the actual non-conformity of the Products, will decide whether
to authorize the return of the Products. with the modalities that will be
communicated. Even if defective products, in order to be replaced, they must
also be complete with the original packaging and any accessories and
documentation received by the User at the time of delivery at the time of
return to HAMILTON MOURAD. The return of the Products without the
original packaging, the accessories and the above documentation prevents the
Seller from replacing the Products themselves. Customer Service may request
information relating to the identity of the User and carry out any checks that
may be useful. If HAMILTON MOURAD is required to reimburse the User for
the price paid, the refund will be made, where possible, using the same payment
method used by the User when purchasing the Products. As regards any damage
caused by defects in the Products, the provisions of the European Directive
85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code).
If the User purchases as a Consumer, the Seller is liable when the lack of
conformity occurs within two years of delivery of the Products. This guarantee
cannot be asserted by those who purchased the products as part of their
business or professional activity, indicating their VAT number.
7.3. The
User must follow the procedure for returning damaged, non-compliant and / or
defective Products that will be indicated by Customer Service, otherwise the
User will not be able to claim any refund or replacement of the Products in
question. Once the Products have been received for the reasons set out in point
7.1. and 7.2., HAMILTON MOURAD will verify the validity of the User's
complaints and, if so, will communicate any replacement / reduction / refund of
the price of the products. In case of replacement, the shipping costs will be
borne by HAMILTON MOURAD. In the event that, after examining the
returned Products, HAMILTON MOURAD believes that the disputes are
unfounded, the User will not be entitled to a refund and the Products will be
returned to him at the User's expense.
8.1 HAMILTON MOURAD reserves the right to modify these general conditions of sale at any
time, at its discretion, without the need to provide any notice to users of the
Site, however by sending an e-mail to the address stated by the User during
registration on the Site. Any changes made will be effective from the date of
communication and will apply only to sales concluded from that date.
9. Liability
HAMILTON MOURAD assumes no
responsibility for disservices attributable to the courier, the fact of a third
party, the fault of the User or attributable to force majeure or unforeseeable
circumstances or any other event that is not under the exclusive control of the
Seller, even if employees from malfunctions and disservices of the Internet
network, in the event that it fails to execute the order within the times
provided for in these general conditions of sale.
HAMILTON MOURAD will not be responsible in any way for the improper
use of the Products by the User and / or recipient of the order, and in
particular for the case of non-compliance with the instructions for using the
Products. HAMILTON MOURAD will not be liable in any way for any damage
caused to the User or to third parties resulting from such non-compliant use. HAMILTON
MOURAD assumes no responsibility for any fraudulent or illegal use that may
be made by third parties of credit cards, checks and other means of payment,
upon payment of the Products purchased, if it proves to have adopted all the
possible precautions based on the best technology and experience of the moment
and based on ordinary diligence.
HAMILTON MOURAD declines all responsibility for direct and indirect
damages, whether foreseeable or not, consequent and / or connected to the use
of the Site by the User. If HAMILTON MOURAD is held responsible for any
injury suffered by the User and attributable solely to the transmission of an
order, this liability will be limited to the amount of the order actually paid
by the User to the Seller.
Any complaint
filed against HAMILTON MOURAD must be submitted, under penalty of
forfeiture, within 6 (six) months following the occurrence of the event that is
the subject of the complaint.
HAMILTON MOURAD will in no way be responsible for the improper use and / or disclosure
to third parties of the User's registration / access information. HAMILTON
MOURAD believes in the quality of the products marketed, however the User,
before placing the order, is required to ensure that he is not allergic to any
of the ingredients of the Products. The list of ingredients of the products, in
addition to being present on the label and on all product packaging, will be
provided upon request via email to info@hamiltonmourad.com. HAMILTON MOURAD
will not be responsible for any reactions to the ingredients of the Products
sold on the site (www.hamiltonmourad.com)
10.
Privacy
The
personal data collected with the placing of the Order will be processed by
HAMILTON MOURAD for the sole purpose of satisfying the express requests of the
Customer, in compliance with Legislative Decree 196/2003 and the privacy policy
on the site. Any further processing will be carried out only with the express
consent of the Customer.
The data
controller is:
HAMILTON
MOURAD
Via Perugino, 24 20135 MILAN, ITALY.
11.1 The sales contract between the customer and
HAMILTON MOURAD is concluded in Italy and governed by Italian law. For the
solution of civil and criminal disputes deriving from the conclusion of this
distance sales contract, if the Customer is a consumer, the territorial
jurisdiction is that of the reference forum of his / her town of residence; in
all other cases, the territorial jurisdiction is exclusively that of the Court
of Milan.
“Pursuant to and for the purposes of art. 14 of EU regulation no. 524/2013, consumers resident in states belonging to the European Union are informed that for the resolution of disputes relating to this contract and the online services offered by this site, there is the possibility of resorting to the procedure of Online Dispute Resolution (ODR), provided by the European Commission, and accessible at the following link: https://webgate.ec.europa.eu/odr/
Last updated 15/11/2023