GENERAL CONDITIONS OF USE, PRIVACY POLICY AND TERMS OF SALE

The websites www.averyperfumegallery.comand all their contents are the property of INTERTRADE EUROPE (IT) Srl (now on called Intertrade), with registered office in Padua, Via Portogallo, 11/125 - Tax Code and Reg. no. IT05095260286 of the Register of Companies of Padua, joint stock € 90,000.00 fully paid

General conditions of use
Access to and use of the site www.averyperfumegallery.comare regulated by these General Terms of use. Access to and use of these websites, as well as the purchase of products, requires reading, knowledge and acceptance of these General Terms and Conditions of Use.
You can always contact Intertrade for any need for further information at info@averyperfumegallery.com

Intertrade may modify or update all or part of these General Terms and Conditions of use. Changes and updates to the General Terms and Conditions of Use will be binding once posted on the website in this section.
The visitors are the only persons responsible for the use of www.averyperfumegallery.comand its contents. Intertrade shall not be liable for use of the website and its content by each of its members that is not in compliance with applicable laws.

1. Intellectual property rights
1.1. The contents of www.averyperfumegallery.com, such as, for example, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.averyperfumegallery.com including web pages, graphics, colours, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right of Intertrade. The reproduction, in whole or in part, in any form, of www.averyperfumegallery.com and its contents without the express written consent of Intertrade, if not for purposes strictly necessary to the conclusion of the purchasing process (e.g. The printing of the present conditions of use )2, is prohibited.

Links
2.1 Intertrade does not control websites linked to it and their contents and cannot be held responsible for the content of such sites and the rules adopted by them with regard to privacy and personal data while browsing.


Privacy policy


The following privacy policy has been drafted based on the EU regulation 2016/679, regarding the personal data of users collected while accessing/registering to the website and/or  for the purchase of products through the website.

Owner of the process
Intertrade Europe (IT) s.r.l., registered office in Padua, Via Portogallo, 11/125, Tax Code and Reg no. IT05095260286, owner of the website www.averyperfumegallery.com, email info@averyperfumegallery.com, is the controller of the process of the personal data belonging to all users collected and processed for purposes related to the activity on the site and, in particular, the access and/or the registration on the site for the purchase of products through the order form on the website.

The Data Protection Officer
Users can contact the responsible Data Protection Officer (DPO) for all enquiries related to the treatment and process of personal data and clarifications regarding the new regulation and users’ rights. It is possible to contact the Data Protection Officer responible for Intertrade Europe s.r.l. at the following:
email: privacy@averyperfumegallery.com

Use Made of the Information
Personal data are collected and processed by the data controller exclusively for purposes related to the activity on the site and, in particular;
-For registration to the website, through the relevant registration form, to provide access services to restricted areas;
-To provide support services and customer care;
-For commericial communication by the data contoller;
-For the purchase of products through the order form.

The conferral of data used for the above points is optional: there is no legal or contractual obligation to communicate data; however, as their treatment is necessary to consent the access to the site and/or the browsing of the site and/or the registration on the site and/or the provision of management services of the account non tat the conclusion and execution of the purchase contract via the site or to answer the enquiries pre-contract carried out by the user, failure to communicate data will make it impossible for the user to access and/or browse the site and/or register to the site and use the reserved services for the registered users and/or terminate the purchase contract via the site and/or receive an answer to enquires made.

Legal basis of the processing
The data controller processes the personal data relating to the user in case one of the following conditions exists:
-the user has given consent for one or more specific purposes;
-the processing is necessary for the execution of a contract with the user and/or for the execution of pre-contractual measures;
-the processing is necessary to fulfill a legal obligation to which the data controller is subject;
-the processing is necessary for the execution of a task of public interest or for the exercise of public authotity in which the data controller is invested;
-the processing is necessary for the purpsuit of the legitimate interest of the data controller or third parties.
In any case, it is always possible to ask the data controller to clairify the concrete legal basis of each treatment and in particular to specify wheter the treatment was based on the law envisaged by a contract or necessary to conclude a contract.

Place of Treatment
The treatments connected to the services of the site are only handled by the personelle in charge of the processing at Intertrade Europe (IT) s.r.l., which uses servers located in the UK by register.it.
The management of all mailboxes is carried by Intertrade Europe (IT) s.r.l through Aruba and Zimbra platforms.
The data controller adopts the appropriate security measures to prevent access, disclosure, modification or the unautorized destruction of personal data.

Categories of Subject to whom the user’s data may be communicated
The personal data provided by the user can be communicated by Intertrade Europe (IT) s.r.l. to the categories of recipients indicated below. The subjects to whom the data can be communicated acta s external process managers designated by Intertrade Europe (IT) s.r.l. or through a specific contract (data controller) or people authorized to process personal data under the direct authority of Intertrade Europe (IT) s.r.l. or in the case of third parties for whom the regulation is responsible for processing, use as a sub-responisble, pursuant to Article 28.4 of the regulation, except in cases where the addresses acta s independent data controllers.

Users’ personal data can be communicated by Intertrade Europe (IT) s.r.l. to the following categories of recipients:
-to companies and/or employees and/or collaborators of Intertrade Europe (IT) s.r.l. for carrying out activities of accounting, administration and IT support and logistic;
-to companies, consultants and/or professionals, who may be responsible for the installation, the maintanance and the update and in the general of the management of the hardware and software Intertrade Europe (IT) s.r.l. (platform included), including the suppliers of cloud computing services and third parties that they use;
-to companies appointed by Intertrade Europe (IT) s.r.l. to send commercial communications both by email and by post;
-to companies that carry out logistic support activities and/or warehouse and/or packaging and/or shipping delivery or collection of products purchased on the site and to third parties that they use;
-to payment server providers and/or to the aquirer and/or banks to allow payment of purchases made on the site or the reimbursement if in the case and to third parties that they use;
-to the companies that provide a software for the tracking, monitoring and profiling activity both for marketing purposes and for fraud prevention purposes and the improper use of the services and the third parties that they use;
-to companies and/or individuals responisble for the repare of products purchased on the website in execution of the legal garantee of comformity and to the third parties that they use;
-to companies that carry out the service of withdrawal of used products (RAEE) in the case of purchase on the site of an equivalent product;
-to all those subjects including public authorities that have access to data under regulatory or administrative provisions;
-to all those public and /or private entities, personelle an/or and legal individuals (studies of legal, amministartive and fiscal  advice), if the communication proves necessary or functional to the correct fullfilment of the contractual obligations assumed in relation to the site services, included the purchase contract, as well as obligations deriving from lay or in the case of ascertainment of the exercise or defense of a right.

Retention Period
The data are processed and stored for the time required by the purposes for which they were collected. Therefore:
-Personal data collected for purposes related to the execution of the contract between the holder and the user will be retained until completion of the contract;
-Personal data collected for purposed related to the legitimate interest of the owner will be retained until the satisfaction of this interest.

When the treatment is based on the user’s consent, the holder can keep the personal data longer until this consent is revoked. Moreover, the owner could be obliged to keep personal data for a longer period in complience with a legal obligation or by order of an authority.
At the end of the retention period, personal data will be deleted. Therefore at the end of this term, the right of access, cancellation, rectification and the right to data portability will no longer be exercised.

Opposition Right
The interested party has the right to oppose at any time for reasons related to his particular situation to the processing of personal data concerning him/her for the purposes of this statement and having as its lega basis the legitimate interest of the data controller.
In the event of the data are processed for the direct marketing purposes, the data subject also has the right to object at any time to the processing of the personal data concerning him/her for such purposes including profiling in so far as such direct marketing is connected.
The interested party may excercise the right to object to the data controller by contacting Intertrade Europe (IT) s.r.l. at +39 0497 625241.
In case of exercise of the right of opposition, the data controller refrains from further processing personal data unless it proves the existence of binding legitimate reasons to proceed with the processing that prevail over the interests, rights and freedom of the person concerned or for the ascertaining, the exercise or the defense of this right in court.
If the interested party opposes the processing of the treatment for direct marketing purposes, personal data will no longer be processd for this purpose.

Right of access your data
The interested party has the right to obtain from the data controller access to personal data and information concerning him/her.
The interested party can excercise the right of access by contacting Intertrade Europe (IT) s.r.l. at: +39 0497 625241.
In the case of exercising the right of access, the user can obtain access to personal data and the following information:
a)    purpose of processing;
b)    the category of personal data in question;
c)     the recipients or categories of recipients to whom personal data have been or will be disclosed in particular if recipient of third countries or international organizations;
d)    whenever possible, the retention period for personal data provided or, if not possible, the criteria used to determined such period;
e)     the existence of the right of the data subject to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him/her or to oppose their processing;
f)     the right to propose a complaint to a supervisory authority;
If personal data are transferred to a third country or to an internationa organisation, the sata subject has the right to be informed of the existence of adequate guarantees relating to the transfer in accordance with the article 46 of the regulation.
The data contoller provides a copy of the personal data being processed in the event of further copies requested by the data subject, the data controller may charge a reasonable fee based on administartive costs. If the person submits the request by electronic means and unless indicated other than the data subject, the information is provided in a commonly used electronic format.

Right of Rectification
The interested party has the right to obtain from the data controller the correction of personal data concerning him/her without undue delay. Taking into account the purposes of the processing, the data subject has the right to obtain the integration of incomplete personal data, also by providing an additional declaration.
The interested party can exercise the right of rectification by contacting Intertrade Europe (IT) s.r.l. at: +39 0497 625241.

Cancellation Right
The data subject has the right to obtain from the data controller the deletion of personal data concerning him/her without undue delay and the data controller is  obliged to cancel the personal data wihout undue delay, if there is one of the following reasons:
a)    personal data are no longer necessary with respect to the purposes for which they were collected or otherwise processed;
b)    the interested party revokes the consent on which the treatment is based, if there is no other legal basis for the treatment;
c)     the interested party opposes the treatment based on the legitimate interest of the data controller for reasons related to his particular situation and there is no legitimate overriding reason or opposes the processing of his personal data for direct marketing purposes, including profiling extent to which it is connected to such direct marketing;
d)    personal data are unlawfully processed;
e)     personal data must be deleted in order to fulfill a legal obligation under the European Union or the Member State Law to which the controller is subject to.

The interested party can exercise the right to cancel by contacting Intertrade Europe (IT) s.r.l. at the following: +39 0497 625241.
If the data controller discloses the personal data and is obliged to delete them, taking into account the available technology and the costs of implementation, it adopts reasonable measures, including techncal ones, to inform the data controllers who are processing the personal data of the request of the data subject to delete any link, copy or reproduction of his personal data.

The right of cancellation does not apply to the extent that the treatment is necessary:
a)    for exercising the right to freedom of expression and information;
b)    for the fulfillment of a legal obligation under the European Union or Member State Law to which the holder is subject either for the performance of a task carried out in the public interest or in the exercise of official authority;
c)     for reasons of public interest in the public health sector;
d)    for achiving purposes in the public interest, for scientific or historical research or for statistical purposes, so far as the right of cancellation risks making it impossible or seriously prejudices the achievement of the objectives of such treatment;
e)     for the assessment, exercise or defense of a right in court.

Right to data portability
The interested party has the right to receive, in a structured format, commonly used and readable by automatic device, the personal data concerning him/her provided to a data controller and has the right to transmit this data to anothe data controller without impediments on the part of the data controller who supplied them. If:
a)    the processing is based on the consent of the interested party or on a contract;
b)    the treatment is carried out by automated means.

The interested party can exercise the right to portability by contacting Intertrade Europe (IT) s.r.l. to the following: +39 0497 625241/
In exercising its right to data portability, the data subject has the right to obtain direct transmission of personal data from one data controller to another, if technically feasible.
The exercise of the right to portability is without prejudice to the right to cancellation.
The right to portability must not harm the rights and freedoms of others.

Right to propose a complaint
Without prejudice to any other administrative or judicial appeal, the interested party who considers that the treatment concerning him/her is in violation of the regulations has the right to lodge a complaint with the competent supervisory authority persuant to article 77 of the regulation, particularly in the Member State in which he/she normallu resides, works or the place where the alleged violation has occured. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status or outcome of the complaint, including the possibility of a judicial remedy .

 

General conditions of Sale

1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 - The contract between Intertrade and the customer shall be concluded with the acceptance, even partial, of the order by Intertrade. This acceptance is automatic with the performance of the contract. By placing an order in the manner provided by the website www.averyperfumegallery.com, you represent that you have read all information provided to you during the purchasing procedure and fully accept the general conditions and payment terms indicated.
1.2 - Once completed the online purchasing procedure, the customer will print or save an electronic copy or, in any case, keep these general conditions of sale, pursuant to the requirements of Articles 50 et seq of Legislative Decree no. 206/05.
1.3 - Any right of the customer to damages or compensation as well as any contract or tort liability for direct or indirect damages to people and/or property caused by lack of acceptance or a lack of fulfilment of an order is excluded.
1.4 - This site is intended solely for private customers (i.e. a natural person who buys goods for purposes not related to his/her professional and/or business activity, or who does not indicate a VAT number in the purchase form). If you wish to make purchases as a professional or owner of a business activity (with invoice), please contact info@averyperfumegallery.com or send a fax to +39 049 7625177

2. HOW TO BUY
2.1 - Customers can only purchase products that are available in the electronic catalogue of the website www.averyperfumegallery.com when placing the order, as described in the relevant information sheets. It is understood that the picture accompanying the description of a product may not be fully representative of its features but differ in colour, size and accessories in the picture. All support information for the purchase is intended as mere material for general information.
2.2 - Proper receipt of the order is confirmed at the conclusion of the purchasing process.
2.3 - In case of non-acceptance, Intertrade ensures timely notification to the customer at the email address provided in the registration data to the site, with refund of the amount paid within the time established by law. 

3. PAYMENT METHODS
Payment for goods purchased is possible via PayPal or bank transfer. On completion of the online transaction, PayPal will immediately debit the correct amount required for the purchase. If the online purchase is to be paid by bank transfer, the customer will have 7 working days in which to make the payment, after which time the order will be cancelled. If the amount or the order number does not match, or in the event of any other problem, Intertrade reserves the right to reject the bank transfer and return the payment to the customer within 30 days. In order for the amount to be returned within the time limit set out above, the customer must provide us with the necessary data promptly, such as the IBAN, SWIFT, etc., so that the transaction can be reversed. In the case of bank transfers, shipping deadlines are calculated from the time the payment is received by Intertrade.


4. DELIVERY TERMS AND COSTS
4.1 -  For orders placed on the site www.averyperfumegallery.com, Intertrade. will only issue an invoice for the goods sent if specifically requested to do so by the customer within 24 hours of confirmation (in the case of private not company customers).  The request may be made by writing to eshop@averyperfumegallery.com or by replying to the order confirmation email.
4.2 - Shipping costs are regulated in the "Shipping & Returns" page
4.3 - No responsibility can be attributed to Intertrade in case of delay in executing or delivering the order.
4.4 – Delivery of the order will be carried out by United Parcel Service or DHL within 6 (six) working days from the order, the shipping costs are borne by Intertrade in all European countries in which you can buy through the site www.averyperfumegallery.com. Upon delivery of the goods by the courier, the customer is required to check: - that the number of boxes is the same as indicated in the way bill - that the packaging is not damaged or wet or otherwise altered, also regarding the sealing materials (adhesive tape or metal straps). Any damage to the packing and/or product or mismatch in the number of packages or their particulars, must be immediately notified by putting in writing SUBJECT TO CONTROL (SPECIFYING THE REASON, e.g. "Packaging broken", "packaging crushed" , etc.) on the courier's delivery note. Once the courier's document has been signed, the customer cannot raise any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 3 working days from delivery to the following address mailto: info@intertradeurope.com or fax number +39 049 762 5177, as specified herein.
4.5 - After the number of delivery attempts provided by the courier used have been made and having exceeded the maximum number of storage days provided at the warehouses of the same (which will leave proper notification at the customer's address), the goods will be returned to Intertrade warehouses that will refund the cost of the item after subtracting the costs of shipping, storage, etc. incurred.

 
5. RIGHT OF WITHDRAWAL
5.1 - Under Articles 64 et seq of Legislative Decree no. 206/05, the customer (natural person), is entitled to withdraw from the purchase contract for any reason, without explanation and without any penalty. 
5.2 - To exercise this right, within 14 working days of receipt of the goods, the customer will have to contact Intertrade's customer service sending a notice by registered letter with acknowledgement of receipt, stating the intention to invoke the right of withdrawal: Customer Service, Intertrade Via Portogallo 11/125, 35127 Padova - Italy tel.  +39 049 762 5241 fax number  +39 049 762 5177. Every product returned, defective or not, must be sent to Intertrade. The customer will not pay anything for returning the product, with the exception of the shipping costs for returning the goods unless Intertrade verifies a product defect, in which case, shipping charges will be credited as soon as the defect is ascertained. ln case of withdrawal, the consumer must return the goods  to Intertrade without delay and in any case, within 14 days from the date on which he/she notified the withdrawal. Within 14 days of return of the goods, Intertrade will provide to refunding the relative amount after verifying their integrity. The refund will be credited via bank transfer or to the Paypal account of the customer who, together with the return notification, shall provide his/her account details. Upon expiry of the 14 days' term, the goods are considered as returned when they are delivered to the courier. The goods must be returned intact, with all the parts and in the original packaging (envelopes and packaging), taken care of with due diligence and without any signs of wear or dirt. 
5.3 - The right of withdrawal is subject to the following conditions:
- the right applies to the product purchased in its entirety; it is not possible to withdraw only for part of the purchased product;
- the goods purchased must be returned intact and in the original package, complete in all their parts (including packaging and any documentation); to limit damage to the original package, we recommend to put it in another box on which to affix the return address; in all cases, affixing labels or tape directly on the original packaging of the product should be avoided;
- until receiving confirmation of receipt from our warehouse, the shipment is under the responsibility of the customer;
- if the goods are damaged during transportation, Intertrade will inform the customer (within 5 working days of receipt of the goods at their warehouses), so that he/she can make a timely complaint against the courier chosen to obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for being returned, cancelling the request for withdrawal;
- Intertrade shall not be responsible in any way for damages or theft/loss of goods returned by non-insured shipments;
- upon arrival at the warehouse, the product will be examined to check for any damages or tampering not arising from transportation. If the package and/or the original packaging are damaged, Intertrade will deduct a percentage from the refund due to go towards replacement costs. 
5.4 - The right of withdrawal is lost owing to lack of the essential condition of integrity of the goods (the packaging and/or its contents), in the cases where Intertrade ascertains:
- improper use of the product that has compromised its integrity, or the use of any consumables;
- lack of external and/or internal packaging;
- absence of product components (accessories, gadgets, etc.);
- damage to the product for reasons other than transportation. In case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of Intertrade, available to the customer for collection at his/her expense. 
5.5 - In the event that the returned object is a "fragrance", the customer must inform the carrier that they are dangerous goods; in the absence of such notification, Intertrade is exempted from any liability.

6. GUARANTEES
All products sold by Intertrade are covered by the manufacturer's standard warranty and the 24-month warranty for defects, according to Legislative Decree no. 206/05. To use the warranty, the customer must keep the invoice. 
6.1 - The guarantee of 24 months under Legislative Decree no.  206/05 applies to products that present a lack of conformity, provided that the product is used correctly, respecting its intended use and as provided in the technical documentation. This guarantee is for private end consumers (a person who buys goods for purposes not related to his/her professional activity, or makes a purchase order without indicating a VAT reference in the order form). In case of lack of conformity, Intertrade Europe Srl shall provide, without cost to the customer, the restoration of conformity by repair/replacement, a price reduction, or the termination of the contract. 
6.2 - In the event that, for whatever reason, it is unable to return a warranty product to its customer (repaired or replaced), Intertrade will proceed at its own discretion, to refund the amount paid taking into account the use of the product, or to replace it with a product of equal or superior characteristics. 
6.3 - The time to repair or replace the product depends solely on the policies of the manufacturer and no damages can be  claimed from Intertrade for any delays for repairs or replacements. 
6.4 - In cases where application of the guarantees provides for the return of the product, the latter must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc.); to limit damage to the original package, we recommend to place it in a second box; in all cases, the attachment of labels or tape directly on the original product packaging should be avoided. The customer will be given an authorisation number to return the product (RMA) that must be indicated on the outside of the package, following the instructions provided directly in the relevant authorisation e-mail. 
6.5 - In the event of activation of the guarantee and the consequent return of a product that proves to be defective, the customer will be requested to provide a copy of the shipping document from which it is possible to ascertain the cost of the product to be refunded. 

7. COMPLAINTS
7.1 - Any complaint must be addressed to: INTERTRADE EUROPE (IT) Srl - Customer Service - Via Portogallo, 11/125 - 35127 Padova - Italy


8. APPLICABLE LAW
8.1 - The contract between the customer and Intertrade is concluded in Italy and regulated by Italian law. For the settlement of civil and criminal disputes arising from the conclusion of this distance selling contract, if the customer is resident in Italy, the Courts of the customer's place of residence will have jurisdiction; in all other cases, disputes shall be submitted to the exclusive jurisdiction of the Court of Padua.