1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you refuse to accept these terms, you will not be able to order any products from https://uk.acquadiparma.com (the “Website”). If you think that there is a mistake in these terms, please contact us to discuss.
1.3 YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING YOUR RIGHT TO END THE CONTRACT (CLAUSES 8 AND 9 ) AND OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (CLAUSE 13).
1.4 When these terms come into force. These terms come into force on[1 October 2015].
2.1 Who we are. We are Acqua di Parma Limited and we trade as Acqua di Parma. We are a Limited liability company with registered offices UK House 180 Oxford Street London W1D1AB, United Kingdom under Company number 08748936. Our VAT number is 174 8643 73.
2.2 Who operates the Website: Arvato Distribution GmbH operates the Website on behalf of Acqua di Parma. The selling of the products, on behalf of the vendor, is managed by Arvato Distribution GmbH with the legal address in Gottlieb-Daimler-Strasse 1, 33428 Harsewinkel (Germany) (the "Commissioner") acting as commissioner and service provider and taking up the receiving of orders, collecting of payment, the entire sales process, the logistics, the delivery of the product to the end customer, the customer support and the entire customer service.
2.3 How to contact us. To contact us, please see the Customer care section of the Website for our contact details.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to allow you to monitor the progress of your order. Once the order number is inserted in the "My account" section of the Website you should be able to verify all information concerning your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on the images on the Website.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7.1 Delivery costs. Delivery charges may be payable on your order. The costs of delivery will be as displayed to you on the Website. Any delivery charges will be added to the price of your order prior to you submitting payment to us. For further details please refer to our delivery policy on the Website.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we send you the order confirmation email (unless we agree a longer period of time with you).
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. An “event outside our control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.4 When you become responsible for the product. Delivery will be completed when we deliver the products to the address you gave us. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.5 When you own products. Subject to us accepting your order in accordance with clause 3.1, you own a product once we have received payment in full.
7.6 Instalments. You agree that we may deliver products to you by instalments.
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the Website. If necessary, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.8.3 make changes to the product as requested by you or notified by us to you (see clause 5).
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do (other than late delivery), see clause 8.2;
8.1.3 If you want to end the contract because we do not deliver on time, see clause 8.3;
8.1.4 If you have just changed your mind about the product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
8.1.5 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clauses 5 and 15);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 Your options if we deliver late
8.3.1 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
22.214.171.124 we have refused to deliver the products;
126.96.36.199 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
188.8.131.52 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.3.2 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.3.1, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.3.3 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.3.1 or clause 8.3.2, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them.
8.4 Exercising your right to change your mind without any reason. For most products bought online you have a legal right to change your mind within 14 days after the date of delivery and receive a refund.
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.5.1 products sealed for health protection or hygiene purposes, where the seal has been broken after you receive them; and
8.5.2 any products which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.6.1 If you buy products which will be delivered in a single delivery, you have 14 days after the day you (or someone you nominate) receives the products at the delivery address on your order.
8.6.2 If your products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receive(s) the last delivery at the delivery address on your order to change your mind about the products.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.1 Tell us you want to end the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You should exercise your right to cancel by contacting us at the address or e-mail address set out in the Customer care section of the Website. You may use the model cancellation form in the Appendix, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by post. Please call customer services using the contact details set out in the Customer care section of the Website to arrange return of the products. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information or product customisation information; or
10.1.2 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us using the relevant information on the Customer care page of the Website.
11.2 SUMMARY OF YOUR LEGAL RIGHTS. WE ARE UNDER A LEGAL DUTY TO SUPPLY PRODUCTS THAT ARE IN CONFORMITY WITH THE CONTRACT. NOTHING IN THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OR YOUR LEGAL REMEDIES. FOR DETAILED INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES PLEASE CONTACT THE CITIZENS ADVICE BUREAU.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please see the Customer care section of the Website for the applicable contact details.
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated on the Website, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay.
12.4.1 Payment for all products must be made using the payment facilities available through our Website and you can only pay for products using the debit cards or credit cards indicated on the Website or using Paypal. You must pay for the products before we dispatch them.
12.4.2 We will charge your credit or debit card when you confirm your payment on the Website.
12.4.3 If payment is made by PayPal, at the time the orders are placed by you, the web session shall be redirected on PayPal's website where you will be able to complete the payment of the price and delivery charges using their own PayPal account and in accordance with PayPal conditions for utilisation of service.
12.4.4 Acceptance by us of any payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed in accordance with clause 3.1.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. We only supply the products for domestic and private use unless we otherwise agree with you prior to the contract being entered into. If you use the products for other purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not exclude our liability for any matters in respect of which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability: We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation; or
13.3.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
15.1 We amend these terms from time to time. Please see section 1.4 to see when these terms came into force.
15.2 Every time you order products from us, the terms in force at the time of your order will apply to the contract between you and us.
15.3 We may revise these terms as they apply to your order from time to time to reflect the following circumstances:
15.3.1 changes in relevant laws and regulatory requirement; and
15.3.2 changes to our processes and procedures.
15.4 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid.
16.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the English courts have non-exclusive jurisdiction over any legal proceedings relating to the contract. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Acqua di Parma Ltd, UK House, Oxford Street, London W1D1AB, United Kindgom.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
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