1.1 These general conditions of sale (hereinafter also referred to as the “Conditions“) apply to the purchase of “Jasmine Her Majesty Sicily” brand products (hereinafter “Products” or in the singular “Product“) performed through the e-commerce site www.suamaestasicilia.it (hereinafter the “Site“) by users who qualify as “Consumers” under the following article
1.2. The Site is owned and operated by Gelsomino S.r.l., with registered office in Furnari (ME), Via Prestipaolo 14 – 98054, tax code, VAT number and registration number with the Register of Companies of Messina 02970800831 (hereinafter “Owner“)
1.3. Gelsomino S.r.l. is in charge of the sale of Products through the Site. Purchases of Products made through the Site will have as parties Gelsomino S.r.l., as seller (hereinafter the “Holder“), and the person who proceeds to purchase one or more Products for purposes not related to his or her business, trade, craft or profession, as the purchaser (hereinafter the “Consumer“), (Holder and Consumer will hereinafter be collectively referred to as the “Parts“).
1.4. The Owner is a party to these Terms, the owner of the rights to the Site’s domain name, logos and trademarks, related to the Products presented on the Site, as well as the copyright in the content of the Site, except for some externally sourced content, such as the logos of our partners Paypal, Poste Italiane, etc.
1.5. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – should be sent to the Owner at the contact details and in the manner indicated on the Site and to the e-mail address email@example.com
1.6. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.7. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are asked not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions shall apply but, notwithstanding: (a) the purchaser will not be granted the right of withdrawal under Article 10; b) the purchaser shall not be entitled to benefit from the warranty on the Products indicated in Article 8;c) the purchaser shall not be accorded any other protections, if any, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law; d) the contract of sale concluded between the Holder and the purchaser shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.
1.8. Concurrently with the transmission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these Terms will be sent to him/her by e-mail to the address declared by him/her during registration on the Site or during the purchase process.
1.9. In order to make purchases through the Site, the Consumer must be of legal age (18 years of age) and have the capacity to act, which the Consumer claims to possess.
1.10. Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.
2. Product characteristics, prices and availability in different geographical areas
2.1. The Products are sold with the features described on the Site and according to the Terms posted on the Site at the time the order is placed by the Consumer, to the exclusion of any other terms or conditions.
2.2. The Owner reserves the right to change these Terms at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded on or after that date with respect to the Consumer who has expressly accepted them in the new version.
2.3. Prices, Products for sale on the Site, and/or features of the same, may be subject to change without notice. Such variations operate only for orders not yet confirmed as of the date of the variation. In any case, before sending the purchase order under paragraph 3 below, the Consumer is invited to check the final sale price.
2.4. Information about the availability of the products we sell is listed on the website, as well as on the presentation page of each product. Estimated times for sending and delivery of products are purely indicative and, also due to factors external to Jasmine Her Majesty Sicily.
2.5. Upon receipt of the order, the Holder reserves the right to notify by e-mail (or if possible also through other direct communication channels, such as telephone) if some of the ordered products are not available by proposing the replacement of the missing item with a different one chosen by the Consumer. Any difference in price from what has already been paid must then be settled through the means of payment chosen by the Consumer when ordering. In the event that the Consumer refuses the proposal, the order will be cancelled or partially processed (in the case of orders with multiple items): the amount paid for the missing item will then be refunded, again through the means of payment chosen by the Consumer when ordering.
2.6. Price Errors. Even and in spite of assiduous checks, it is possible that, for a limited part of items in the catalog, a different price than the actual one is indicated by mistake: therefore, the Holder undertakes to constantly check the correctness of product prices during the process of order verification and subsequent shipment of products. In the event that, due to misunderstandings or other inconveniences, the price listed on the site turns out to be lower than the correct sale price of a product, The Holder reserves the right to contact the Consumer to verify whether he or she equally wishes to purchase the product at the correct price, and in the event that the Consumer does not accept this proposal, the order will be cancelled or partially fulfilled (in the case of orders with multiple items).
2.7. The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users requesting delivery within ITALY, FRANCE, SPAIN, GERMANY, ROMANIA, AUSTRIA, US, UK.
3. Mode of purchase of the Products – Perfection of each individual purchase contract.
3.1. Any presentation of the individual Products on the Site, which is not binding on the Holder, represents a mere invitation addressed to the Consumer to make a contractual proposal to purchase (and not an offer to the public by the Holder), lacking the essential elements that the Consumer must define when placing the order (quantity, etc.).
3.2. When registering for the Site or (in the case of a non-registered user) placing an order, the Consumer shall accept in full and without reservation these Terms (as an offer to the public) through the Site, constituting the framework agreement to govern the relationship between the Consumer and the Holder, including individual Orders. Instead, each individual purchase order, transmitted by the Consumer to the Holder through the Site, has the value of a contractual proposal from the Consumer to the Holder (albeit governed by these Terms, of which it constitutes an annex). Therefore, before proceeding to accept these Terms, the Consumer will be asked to read them carefully, including the Right of Withdrawal notice, to print a copy through the print command, and to store or reproduce a copy for his or her own personal use. In addition, the Consumer will be asked to identify and correct any errors in their data entry. Even before proceeding with each individual Order, the Consumer will be asked to read it carefully, to print a copy through the print command, and to store or reproduce a copy for his or her own personal use, as well as requested to identify and correct any errors in entering his or her information.
3.3. Each individual Purchase Order of the Consumer – being a proposal of the Consumer to the Controller, as mentioned above – is accepted by the Controller (being able to guarantee the availability of the Product pursuant to par. 2.5) with the sending to the Consumer, to the e-mail address declared by the latter to the Holder (when registering to the Site or when transmitting the order if the Consumer is not registered to the Site), of an e-mail confirming and accepting the Order itself, which will contain the link to the text of these Conditions, the summary of the individual Order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer’s Order, the Holder’s confirmation and acceptance, and the Terms applicable to the relationship between the Parties will be electronically stored by the Holder in its computer systems – the Consumer may request a copy by sending an e-mail communication to the Holder at firstname.lastname@example.org
3.4. In order to ensure proper delivery of the order that is the subject of the contractual relationship, the consumer may request changes to the order, header or shipping information within a maximum of 12 business hours of receiving the order confirmation email. After this period, made available by Gelsomino S.r.l., it will not be possible under any circumstances to place changes to the order.
3.5. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Holder by electronic mail.
4. Procedure for selection and purchase of Products
4.1. Products presented on the Site may be purchased by selecting products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After finishing the selection of Products, in order to execute the purchase of the Products placed in the shopping cart, the Consumer will be asked to (i) registering with the Site, providing the required data, viz. (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the contract to be finalized.
If the data indicated in the order are different from those provided when registering on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made.
The Consumer will display a summary of the order to be executed, the contents of which he/she will be able to modify: then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the “Proceed € (total amount of items)” button, the Consumer will be asked to confirm his/her order, which will thus be definitively sent to the Holder and will produce the effects described in paragraph 3.2 above. Of this contract.
The Consumer will also be asked to choose the shipping and payment method, among those made available by Gelsomino S.r.l. from time to time. If the Consumer decides for the immediate payment method (simultaneous with the purchase) by credit card, PayPal, will be required to communicate the relevant data via secure connection. For accounting and administrative needs, the Holder reserves the right to verify the general information provided by the Consumer.
If payment is made by credit card, the purchase amount will be charged only upon transmission of the order confirmation from the Holder to the Consumer.
If, in the course of the Product selection process on the Site referred to in Section 4.1 above, the Consumer finds that the price of one or more of the Products that he or she intends to select for subsequent purchase is manifestly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem occurring on the Site, he or she is requested not to complete his or her purchase order and to report the aforementioned technical error to the Holder’s Customer Service Department by sending an e-mail to the e-mail address email@example.com.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and delivery times of the Products, however, such information is to be considered indicative only and not binding on the Owner.
5.2 The Holder undertakes to do everything within its power in order to comply with the delivery times indicated on the Site and, in any event, to execute the delivery within a maximum time of 30 (thirty) days from the day following the day on which the Consumer has transmitted the order. If the Holder fails to execute the order due to the unavailability, even temporarily, of the Product, the Holder will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to Section 6.1 below.
5.3. Where the Consumer has chosen bank transfer as the method of payment, the delivery period will commence upon receipt of the consideration by the Holder. For credit card payments, one business day must be added to the normal shipping timeframe for normal administrative checks.
5.4. Shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer from those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly and as soon as possible to check that the delivery includes all and only the Products purchased and to promptly inform the Holder of any defect in the Products received or their discrepancy from the order placed, in accordance with the procedure set forth in Article 8 of these Conditions below, failing which the Products shall be deemed accepted.
5.5 Should the packaging or wrapping of the Products ordered by the Consumer arrive at the destination obviously damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation”: likewise, the Consumer in such an eventuality shall report the occurrence by means of the appropriate Contact form available on the site or by email to firstname.lastname@example.org.
5.6 If it is not possible to deliver the order to the Consumer (due to non-acceptance and refusal of delivery or inability to deliver the order after two delivery attempts e.g. for “absent recipient”) the order will be returned to the sender, at the warehouses of Gelsomino S.r.l. When the shipment is returned, the order will be handled as a “sealed return”: a refund will be processed in favor of the customer within 14 working days, reimbursing on the same means of payment chosen at the time of order by the Consumer the full value of the items previously purchased, excluding any shipping costs.
6. Prices, shipping costs, taxes and fees
6.1. All prices are inclusive of applicable VAT in accordance with the law and are .inclusive of standard packaging costs and any indirect taxes (if applicable), while they do not include shipping costs which are calculated prior to the order confirmation transmitted by the Holder to the Consumer and which the same Consumer agrees to pay to the Holder in addition to the price indicated on the Site.
7.1. The Consumer expressly agrees that the execution of the contract by the Holder shall commence upon the crediting of the price of the purchased Product(s) to the Holder’s bank account against the contractual acceptance provided by the Holder pursuant to Paragraph 3 above.
7.2. Payment may be made by credit card or through PayPal, subject to the conditions described below. The Holder may allow additional payment methods by indicating them in the payment section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Stripe Payments Europe, Ltd (an Irish company), the operator handling payments on behalf of the Holder. The transmitted data will be sent in a secure mode by encrypted data transfer. Such data are also not accessible for the Holder.
7.4. If the payment is made by bank transfer in favor of the Holder, the Consumer must indicate the “Swift” and “IBAN” codes given in the order confirmation, as well as the order number.
7.5. The Holder will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory.
8. Holder’s legal warranty of conformity, reporting of conformity defects and warranty work
8.1. Pursuant to and in accordance with EU Directive 2019/771 and Italian Legislative Decree no. 206/2005 (hereinafter “Consumer Code,” as amended by Leg. 170/2021), Holder warrants to Consumer that the Products will be free from defects in design and material as well as conform to the descriptions posted on the Site (as well as to Consumer’s reasonable expectations), for a period of 2 (two) years from the date of delivery of the Products to Consumer. The application of any warranty in the event of use or washing of the Product not in accordance with the Product’s own use and the instructions/warnings in this regard provided by the Owner, or shown in the illustrative reference documentation, tags or labels, is excluded.
8.2. Under penalty of forfeiture of this warranty, the Consumer must report any defects and non-conformities, e.g., by transmitting to Customer Service at email@example.com Holder’s Customer Service, by e-mail at. firstname.lastname@example.org, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Holder and/or the tax receipt).
8.3. Following receipt of the form and related documentation, the Holder will assess the defects and non-conformities reported by the Consumer through the Holder’s service department and, after having carried out the qualitative checks necessary to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code”, by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. Authorization to return Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to return. The Products for which the Holder has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within 30 (thirty) days from the reporting of the defect or non-conformity, to the following address:
Jasmine S.r.l. Via Prestipaolo 14, 98054 Furnari (ME)
8.4. In case of defects or non-conformities, the Consumer shall be entitled to the restoration of the conformity of the Product by the Holder, by repair or replacement, or to the alternative remedies (price reduction or termination of the contract) in the cases expressly provided for in Art. 135-bis of Legislative Decree no. 206/2005, as better explained in the appropriate
of the Site.
If the Holder has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to notify the Holder, again by e-mail to email@example.com, of the bank details for making the transfer in its favor and for the Holder to be put in a position to return the amount due.
9. Liability for damage from defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. The Owner, in its capacity as distributor of the Products through the Site, releases itself from all liability, none excluded and/or excepted, by indicating, at the request of the injured Consumer, the identity and domicile of the relevant manufacturer.
10. Right of withdrawal
10.1 Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded under these Conditions, without having to provide any reasons and without any penalty, within the term of 15 (fifteen) days from when (i) the Product has been delivered or (ii) in the case of the purchase of multiple Products delivered separately in one order, the last Product was delivered.
10.2 In order to exercise the right of withdrawal, the Consumer, before the expiration of the period referred to in paragraph 10.1 above, may access the dedicated page to issue a return request by filling in and entering all the required data: the form should then be inserted into the return package and shipped as described in Returns & Refunds. Alternatively, the Consumer may send an explicit statement such as via the contact form or to the e-mail address firstname.lastname@example.org.
10.3 Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming the exercise of withdrawal, containing, in the event that it has in the meantime already received the ordered product, the return form to be inserted in the package, and instructions for proceeding with the return of the product, to be transmitted no later than the next 6 days to:
Jasmine S.r.l. Via Prestipaolo 14, 98054 Furnari (ME)
10.4 If the Consumer has received the product, he or she must return it to the above address without undue delay and, in any event, within 6 days from the day you gave notice of withdrawal. The deadline is met if the Consumer returns the goods before the expiration of the 6-day period. The direct risks and costs of returning the goods, as well as the proof of this, will be borne by the Consumer. If the Consumer exercises his or her withdrawal through the Site, he or she will be told before confirming the withdrawal request the cost of returning the goods if he or she wishes to use the return service offered by the Site.
10.5 In the event of withdrawal, the Consumer will be refunded the payments he/she has made, excluding delivery costs (and except in the case of withdrawal only for one or some of the products falling under a single-delivery Order, the reimbursement of delivery costs will be reduced proportionally), without undue delay and, in any event, no later than 6 days after the exercise of withdrawal. Said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Consumer. If the Consumer has chosen Cash on Delivery Payment as the method of payment, they will be required to provide a valid IBAN for the purpose of obtaining reimbursement via bank transfer. If the customer could not provide an IBAN, the credit can be paid as a discount code that can always be used on the online shop. Refunds may be suspended until receipt of the goods or until the Consumer demonstrates that he or she has returned the goods, whichever is earlier.
10.6 The Consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Consumer will be liable for the patrimonial decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and operation of the same and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport also from writing or labels.
11. Intellectual property rights
11.1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Owner and/or its assignees, without any right to the same being derived by the Consumer from the access to the Site and/or the purchase of the Products.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Owner and the Holder.
12. Consumer data and privacy protection
12.2. The Consumer represents and warrants that the information provided to the Holder during the registration and purchase process is correct and true.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Controller through the appropriate section of the Site “Account” accessible after authentication.
The Holder, with regard to credit card payment data uses the services of the company Stripe Payments Europe Ltd, which adopts technological systems designed to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the Web.
14. Applicable law, conciliation attempt and jurisdiction
14.1. Any contract of sale concluded between the Holder and Consumers under these Terms shall be governed by and construed in accordance with the laws of Italy and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree 9 April 2003 no. 70 on certain aspects concerning electronic commerce. In any case, any rights that may be attributed to Consumers by mandatory provisions of law in force in their State, such as Chapter I Title III Part III of the Consumer Code (art. 45-67 Legislative Decree 206/2005), shall be unaffected.
14.2. In the case of disputes between the Holder and a Consumer, we guarantee as of now our participation in an amicable conciliation attempt that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and safe way over the Internet. For more information on the ResolviOnline regulations or to submit a conciliation request, log on to www.risolvionline.com.
14.3. As an alternative to the conciliation attempt referred to in 14.2 above, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Holder and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, prompt, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a trader established in the Union through the intervention of a participating alternative dispute resolution (ADR) entity that can be selected from a list available therein. For more information about the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this contract, access the following link: http://ec.europa.eu/odr. The Holder’s e-mail address to be provided in the European ODR Platform is: email@example.com.
14.4. If the attempt at conciliation under 14.2 or 14.3 above is not adhered to or such attempt is unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.