Terms of service

1. Scope and Purpose

These General Terms and Conditions, in addition to the specific terms agreed with each customer, govern the entire commercial relationship between the USER and DAMIANO PROFUMI di KECHIQ SRL (hereinafter, "DAMIANO PROFUMI"), through which DAMIANO PROFUMI provides the USER with a supply service for perfumes and cosmetics.

The USER may be a reseller (including dropshipping) or an end consumer (including private individuals).

Pursuant to these General Terms and Conditions, DAMIANO PROFUMI, in the case of DROPSHIPPING sales, will provide the USER's customers with the products ordered from the USER, packaging and shipping them directly to said customers, subject to the following agreements and obligations.

2. Damiano Profumi's Obligations

DAMIANO PROFUMI, within the scope established in these General Terms and Conditions, will provide the following services:

2.1. Make the website www.damianoprofumi.com available to the USER to allow them to do the following:

2.1.1 Gain online access to the DAMIANO PROFUMI catalog using the import form deemed appropriate by the USER. DAMIANO PROFUMI will provide the USER with an instruction manual on the integration process.

2.1.2 Access a collection of product photos, provided that the USER purchases these products exclusively from DAMIANO PROFUMI.

2.1.2.1 Disclosure of images to third parties is strictly prohibited, and measures may be taken to prevent their fraudulent use.

2.1.2.2 The USER may use the images while this agreement remains in effect; after termination of this agreement, the USER must cease using the images and destroy all copies thereof in his or her possession, and may not claim any compensation from DAMIANO PROFUMI.

2.1.2.3 DAMIANO PROFUMI provides a complete description of the product, including its nominal content and name. The USER will be responsible for its further development.

2.1.2.4 DAMIANO PROFUMI provides categories, subcategories, and families in its catalog. The USER will be responsible for any additional attributes and filters.

2.1.3 Real-time access to product availability and prices.

2.2 Supply of goods to the USER's customer, in accordance with the following specifications:

2.2.1 Product availability; information regarding this will be made available to the USER via the website.

2.2.2 The maximum delivery time is up to five working days (Monday to Friday) depending on the country of destination of the goods.

Delivery times are estimates and are not binding. A delay in meeting delivery deadlines will not entitle the USER to any compensation or breach their payment obligations.

3. Intellectual Property

3.1 The content described in the previous paragraph belongs to DAMIANO PROFUMI and is protected by intellectual property legislation. The transfer of such rights to the USER is strictly limited to the provisions of the General Terms and Conditions.

3.2 Disclosure to third parties is prohibited, and therefore the USER must take appropriate measures to prevent their fraudulent use.

4. Non-Disclosure Obligation

4.1 DAMIANO PROFUMI guarantees that it will safeguard the confidentiality of the USER's relationship with its customers. Such data will be made available only to the carrier, for the sole purpose of delivering the goods. DAMIANO PROFUMI is therefore required to disclose the aforementioned confidentiality obligations and the obligation of secrecy to all employees of the transport or logistics company who have access to customer data.

Accordingly, the USER is solely responsible for all obligations established by law regarding the protection of personal data.

4.2 In the event that a party receives a request from a competent authority regarding information subject to confidentiality, the party receiving the request must inform the other party as quickly as possible and specify the information provided.

5. Deposit and Start of Service

5.1 DAMIANO PROFUMI may require the USER to deposit a minimum of €500 into the bank account designated by DAMIANO PROFUMI if the USER wishes to use DAMIANO PROFUMI's creditbox service.

5.2 The USER's available balance cannot be refunded, meaning it must be used to purchase goods from DAMIANO PROFUMI, provided the agreement is in effect.

5.3 The USER will lose the right to recover the outstanding balance by purchasing goods if they violate any of the provisions set forth in these Terms and Conditions. This balance will be used to cover the costs incurred to set up the tool for use, and there will be no obligation to return it.

5.4 The deposit will not generate any type of remuneration for the user.

6. Invoicing and Payment

6.1 DAMIANO PROFUMI will issue an invoice to the USER for each order, in accordance with the prices set forth on the website. This invoice will be available to the USER the next business day on the website www.damianoprofumi.it. Each order must be paid directly at checkout by credit card, bank transfer, or creditbox.

6.2 If creditbox is used, invoice payments will be deducted from the USER's available balance. The balance must always remain positive, which means the USER must top up the funds as they use up their available balance.

6.3 The USER can check the status of their available balance at any time by visiting the website.

6.4 DAMIANO PROFUMI reserves the right to suspend service and refuse to supply the ordered goods if the balance is insufficient to cover the invoices issued.

6.5 The USER can make payments using a credit or debit card, via the website www.damianoprofumi.it or by bank transfer.

7. Prices and Stock

7.1 Prices and stock levels offered by DAMIANO PROFUMI are subject to change.

7.2 The sales prices published on the website do not include any type of tax, which will be calculated only at checkout.

7.3 If the information is incorrect, DAMIANO PROFUMI will inform the USER of the correction and await the USER's acceptance.

8. Shipping

8.1 Shipping is provided by a reputable specialized company. DAMIANO PROFUMI will select the shipping company and will only inform the USER of any changes to the company.

8.2 The maximum delivery time is up to five business days (Monday to Friday) for orders received by DAMIANO PROFUMI before 10:00 a.m. Delivery times will be respected, provided that:

8.2.1 There is no case of force majeure or force majeure.

8.2.2 The delay is not attributable to the USER's customer (incorrect or incomplete delivery address, etc.). Any costs arising from such address changes or corrections will be borne by the USER, unless DAMIANO PROFUMI has given written authorization for such changes.

8.2.3 The recipient is not located in an area considered a "remote region" by carriers (e.g., Formentera).

8.2.4 Under no circumstances, and given the nature of the product we are shipping, can an exact delivery time be guaranteed on the day of delivery.

8.2.5 For orders sent to resellers, the goods will be properly packaged in unbranded packaging, preventing the customer from identifying DAMIANO PROFUMI.

8.2.6 The delivery times indicated are estimates and are not binding. A delay in meeting the delivery times will not entitle the USER to any compensation or breach of payment obligations.

8.3 Applicable Fees

9. Return Policy

9.1 Incorrect or Incomplete Order

The deadline for reporting an incident is 48 hours from receipt of the order. In this case, DAMIANO PROFUMI will, if necessary, collect the product and pay the corresponding refund.

Photos of the product, the carton, and the internal packaging must be provided to prove this.

9.2 Delivery Failure

In the event that a product cannot be delivered within the timeframe guaranteed by DAMIANO PROFUMI due to incorrect or incomplete delivery information or the recipient's absence, the delivery will be redirected to the origin, with the resulting return costs borne by the customer (shipping costs + logistics costs).

9.3 Defective and Broken Products

The deadline for reporting an incident is 48 hours from receipt of the order.

In the event that a product breaks during transport, it is essential to provide images of the product, the external packaging, and the internal packaging as evidence of the damage, in order to obtain a replacement of the affected products at no cost to the customer. If such a replacement is not possible, we will refund the cost of the goods.

In the event that the product is defective due to a manufacturing defect (e.g., a malfunctioning spray head, etc.), we will investigate the incident and, if applicable, refund the cost of the product.

We do not accept returns based on the format or presentation being different from that shown in the images. Product and packaging designs are continually modified by manufacturers for marketing purposes. Therefore, the images published are for illustrative purposes only. 9.3.1 We do not accept returns based on the format or presentation being different from that shown in the images.

9.4 Right of Withdrawal

Although the statutory right of withdrawal does not apply to B2B relationships, DAMIANO PROFUMI offers its customers the optionThe ability to return orders as a guarantee of satisfaction (right of withdrawal).

Exchange or Return Policy.

The customer has 14 days from the date of receipt of the order to request an exchange for another item or to exercise the right of withdrawal. The customer is not required to provide a reason for exercising the right of withdrawal. The product must be packaged in the same condition in which it was received.

The customer must bear the direct cost of returning the goods.

We reserve the right to refuse a refund for returned items in the following cases:

• if the products have been used or tampered with;

• if the products have been damaged or altered in any way;

• if the customer does not return the product in its original packaging;

• if the reason for the non-conformity is normal wear and tear;

• if the product's serial number or identification number has been tampered with.

All returns will be subject to a restocking fee equal to 5% of the value of each returned item.

10. Product Warranty and Trademark Law

10.1 DAMIANO PROFUMI guarantees that the goods supplied are subject to free circulation within the European Economic Area, are original, and have not been altered.

10.2 DAMIANO PROFUMI is not an official distributor of the brands it offers to the USER.

10.3 The USER declares that they are aware of and comply with European trademark law and therefore acknowledges that DAMIANO PROFUMI assumes no liability for any damages the USER may cause to the owners of said brands. The following point should be noted:

10.3.1 The products must be marketed in a manner that respects the prestigious image of the brands in order to promote and protect their positioning and differentiation.

11. Contractual Relationship between the USER and their Customer

11.1 Under no circumstances does DAMIANO PROFUMI become a party to the contractual relationship between the customer and the USER. Consequently, DAMIANO PROFUMI will not be liable under any circumstances for any issues arising from such sales and purchases. Specifically, DAMIANO PROFUMI assumes no liability for the customer's failure to pay the USER.

11.2 Furthermore, DAMIANO PROFUMI is not subject to the legal obligations set forth in retail and consumer protection regulations as there is no relationship between DAMIANO PROFUMI and the end consumer.

12. Indirect Taxes

Indirect Taxes. Legally applicable indirect taxes will be applied to all invoices issued. If the customer is established in a European Union country other than Italy, a VAT-exempt invoice may be issued upon provision of a valid EU VAT number. The customer is required to immediately communicate any change in their tax status, such as cancellation or modification of their registration in the European Community Register of Operators (VIES). Failure to comply with this obligation may authorize DAMIANO PROFUMI to request payment of the corresponding VAT, in addition to any penalties that may be imposed for non-payment.

13. Amendments to the General Terms and Conditions

DAMIANO PROFUMI reserves the right to modify these General Terms and Conditions at any time and to notify the USER and indicate the effective date. The USER may therefore withdraw from the business relationship within one month of notification of the modification. In this case, DAMIANO PROFUMI is required to refund the balance of the deposit to the customer, if applicable, within 15 business days of notification of the withdrawal. DAMIANO PROFUMI will not be entitled to claim any compensation arising from the USER's withdrawal.

14. Breach

In the event of a breach, the non-breaching party must inform the other party and grant them 30 days to correct the breach. If the incident is not resolved, the non-breaching party may unilaterally terminate the contract, notwithstanding any compensation for losses and damages that may be due.

15. Term and Termination

15.1 These terms and conditions will remain in effect from the moment of acceptance until December 31 of the same year. They will be automatically extended for periods of one year, unless terminated by one of the parties, in which case the withdrawing party must provide certified notice of termination at least two months before the expiration date. Termination of this contract will not terminate any obligations pending performance by the parties. Unilateral termination, given in a timely manner and as agreed, will not, in itself, give rise to any right to compensation.

16. Competition Law

Since both parties operate in the same market, they undertake not to engage in unfair competition practices. In particular, articulate, the USER will not behave in any way that violates Article 20 of Law 03/91 on Unfair Competition (Likelihood of Association).

17. Jurisdiction

In the event that a legal dispute arises from this Agreement, the parties waive their respective jurisdictions and will submit to the courts of Venice, Italy.