Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Preamble

These general terms and conditions of sale apply to all sales of "Zhor Parfums" products concluded remotely by telephone through the Zhor Parfums Customer Service at +39 0236515500, or through the website zhor.com, with international delivery to the countries where Zhor Parfums operates.

These general terms and conditions of distance sales must be carefully examined by the Customer before completing the remote purchase procedure of "Zhor Parfums" products. It is understood that placing a purchase order with Zhor Parfums Customer Service or through the website zhor.com implies full and absolute knowledge of these general terms and conditions of sale and their complete acceptance: by submitting the purchase order to Zhor Parfums Customer Service or through the website zhor.com, the Customer unconditionally accepts, and undertakes to comply with in their dealings with Zhor Parfums, these general terms and conditions of sale, as well as the payment conditions set out below, declaring that they have read and accepted all the information provided to them, and also acknowledges that Zhor Parfums does not consider itself bound by conditions other than these unless previously agreed in writing.

These general terms and conditions of distance sales may be printed and stored by any party who has visited the website zhor.com and/or who has completed the purchase order by receiving the Order Confirmation Email. They are to be considered applicable and in force for as long as they remain accessible from the website zhor.com. The possible removal of these general terms and conditions of distance sales from the website zhor.com implies their automatic and irrevocable inapplicability, ineffectiveness and unenforceability against Zhor Parfums in relation to purchases made after their removal from the site and/or replacement with new conditions, even if such general conditions remain accessible to the public through other websites different from the one indicated above.

Information about the seller

For the purposes of these general terms and conditions of sale, the seller is Zhor Parfums S.R.L., a limited liability company, engaged in Retail trade of perfumery articles and personal hygiene products — with registered office at 20121 Milan, Via Montenapoleone no. 14, Tax Code/VAT no. 10813200960.

Always attentive to meeting the expectations of its Customers, Zhor Parfums has decided to set up, alongside its direct and exclusive boutique, a distance sales network for some of its products, by telephone or through the website zhor.com.

In order to guarantee its Customers an optimal quality level of service, Zhor Parfums has decided to offer a selection of items. The list of "Zhor Parfums" products offered for distance sale (via internet and/or telephone) can be consulted on the website zhor.com.

The system, which requires active intervention by the Customer, has been developed in full compliance with distance sales regulations and in particular with articles 45 et seq. of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments).

Zhor Parfums does not make calls to customers on its own initiative to offer distance sales of products, unless this concerns a request previously made by the customer.

The use of the distance sales service described in these general terms and conditions of sale is reserved exclusively for consumers, as defined by law and case law, understood as natural persons acting for purposes not related to their commercial, business or professional activity, if any, and resident in Europe (hereinafter referred to for brevity as the "Customers").

Art. 1: Information about the products

1.1 The Customer may select, in the manner described below, one or more products and/or services among the various categories available on the Zhor Parfums Website.

1.2 Zhor Parfums may change at any time the assortment of products offered for sale on its Website, particularly for reasons relating to its suppliers and/or the information relating to them such as prices, description or availability of products, without obligation of prior notice. Zhor Parfums will not make any modification to the price, availability or description of any product after Zhor Parfums has accepted the Order submitted by the Customer.

1.3 Before submitting the Order, the Customer may view on the Zhor Parfums Website all the information referred to in article 49 of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") such as, by way of example and not limited to, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services they wish to purchase together with all other mandatory information required by Italian law.

1.4 The products comply with the legislation applicable in Italy at the time of the Order. Zhor Parfums cannot be held responsible for the non-compliance of the products with the legislation of the country where the Customer wishes the delivery to be made. The Customer is required to check with the local authorities of the country of delivery of the products the methods of importation and/or use of products and services that they intend to order. Zhor Parfums cannot guarantee that the information shown on the product packaging will be translated into all languages of the European Union. However, this information will be available at least in Italian, French and/or English.

1.5 For any questions regarding the products and their use, for any further question or request for advice, the Customer may contact the Zhor Parfums team of consultants by calling Customer Service at +39 0236515500 from Monday to Friday from 10:00 am to 7:00 pm.

1.6 Alternatively, the Customer may visit our Zhor Parfums boutique at Via Montenapoleone 14, 20121 Milan, to obtain personalized advice and test the products offered for sale by Zhor Parfums.

Art. 2: Order of products

2.1 Orders may be placed, in any case, in Italian, French, Spanish, English and Arabic:

a) with the Zhor Parfums Customer Service, by calling +39 0236515500, from Monday to Saturday, from 10:00 am to 7:00 pm, excluding public holidays;

b) through the website zhor.com by selecting the desired country and/or language.

2.2 Whatever the method of placing the order chosen by the Customer, it is in any case necessary to provide Zhor Parfums with a valid email address to which Zhor Parfums itself will send all communications provided for by the applicable regulations and by these general terms and conditions of sale and/or in any case concerning the order. With reference to orders placed on the website zhor.com, it is possible to make the purchase (i) after registration and creation of a personal Customer account, by following the steps and instructions specified on the site itself; (ii) in guest mode, by entering only the data necessary to complete the order. Before proceeding with the transmission of the order, the Customer will be asked to identify and correct any data entry errors. The Customer, by choosing the items of interest, will include such products in their Cart. In the same Cart, a brief summary description of the selected products will be displayed, together with one or more photographic images in digital format that allow an adequate representation of the products. The Customer is required to check the correctness of the contents of the Cart before confirming the order, by selecting the confirmation option on the order summary page displayed upon completion of the relevant procedure. At that moment, the order is sent directly to Zhor Parfums to be processed and cannot be further modified or cancelled. Such order confirmation constitutes evidence of the Customer's acceptance of the provisions set out in these general conditions.

2.3 Zhor Parfums reserves the right to evaluate the acceptance of orders received and will inform the Customer of any inability to accept the order no later than 30 days from the day following that on which the Customer transmitted the same to Zhor Parfums, promptly refunding any amounts already paid by the Customer to Zhor Parfums in relation to the order not accepted.

2.4 The offers presented by Zhor Parfums are valid for the entire time they are published on the Site and within the limits of available stocks. For products not immediately available in the Zhor Parfums warehouse, the offers published on the Site will be valid subject to availability. Information on product availability will be provided to the Customer upon sending an email confirming receipt of the Order ("Order Confirmation Email"). Since this information comes directly from suppliers, Zhor Parfums cannot exclude that occasionally errors or variations may occur. In any case, and in the event that, after sending the Order, there is a total or partial unavailability of the product, the Customer will be immediately informed by email of the unavailability of the product and of the total or partial cancellation of the Order.

In case of total cancellation of the Order:

The cancellation of the Customer's Order will take place automatically, without any charge to the Customer.
The Zhor Parfums Customer Service will contact the Customer to inform them of the cancellation and to propose to place a new Order excluding the unavailable product.

In case of partial cancellation of the Order:

The Customer's Order will be partially confirmed with charge of the amount only for the available products as indicated in the Order Confirmation Email.
The available products will be delivered to the Customer.

2.5 With the Order Confirmation Email to the address provided at the time of the purchase order, whether placed by telephone through the Zhor Parfums Customer Service or through the zhor.com website, a summary of the main contractual conditions and the link to the full document of the general terms and conditions of sale will be provided.

Art. 3: Product prices

3.1 The prices of the products offered for sale on the Zhor Parfums Website are indicated in Euros and are the prices in force at the time of transmission of the Order by the Customer. The price of each product is communicated to the Customer at the time of the call to the Zhor Parfums Customer Service, or, in the case of a purchase made on the website zhor.com, before the order confirmation. The prices of the products include VAT applicable at the time of transmission of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of the products sold by Zhor Parfums through the Site.

3.2 The prices of the products offered for sale on the Website are applicable in the context of distance sales via Internet and may be different from the retail prices applied in the Zhor boutique.

3.3 The prices of the products do not include shipping costs, which will be predetermined and invoiced to the Customer in addition to the price of the products. Shipping costs vary depending on the address indicated for the delivery of the products as well as the shipping method selected by the Customer at the time of sending the Order and are displayed in the Order summary before the request for Order confirmation by the Customer. Zhor Parfums reserves the right to provide for additional costs for exceptional shipments in weight or volume.

Art. 4: Payment

4.1 Methods of payment

Payment can be made online on the site zhor.com at the time of the Order and/or through the Zhor Parfums Customer Service at +39 0294750047 from Monday to Saturday from 10:00 am to 7:00 pm.

All Orders are payable in Euros, taxes and mandatory contributions included. Any banking charges will be exclusively borne by the Customer (also in case of refund).

Zhor Parfums reserves, in any case, the right to suspend or cancel, at its discretion and at any time, the execution of an Order and/or the shipment of the ordered products in case of non-payment or late payment or partial payment of any amount owed by the Customer, or in case of fraud or attempted fraud through the use of the site zhor.com, also in relation to previous orders.

4.2 Means of payment

The Customer guarantees to Zhor Parfums that they have the necessary authorizations to use the payment method chosen for their Order at the time of sending the Order. The means of payment accepted by Zhor Parfums are the following:

Credit cards The credit cards accepted on the Website zhor.com and at the Zhor Customer Service are the following: Visa, American Express and Master Card. These payment cards must be issued by a bank or financial institution based within the European Union or Monaco. Customers using an iOS device may also pay for their orders through Apple Pay with an active credit card.
PayPal If the Customer has a PayPal account, they may choose this payment method. In such case, the Customer will be redirected to the PayPal site to proceed with the payment. It is not possible to use the PayPal payment method in addition to a payment with a Zhor Parfums Gift Card.
Zhor Parfums Gift Card The gift card purchased through the site Zhor.com or in boutique may be used on the site zhor.com once to make payment of an Order up to the amount of the available credit, possibly supplemented by another form of payment accepted by Zhor. It is not possible to combine a Zhor Gift Card with the PayPal payment method. Only one Zhor Gift Card is accepted per Order. Zhor Gift Cards are accepted for orders with the "Pick-up in Boutique" mode.
Online vouchers Online vouchers are a credit issued exclusively by Zhor Parfums and usable by the beneficiary only on the site zhor.com, expressly excluding use in boutique.

4.3 Security in payment transactions

In order to guarantee the security of payments made by credit card, the transmission of payment information takes place in a protected and encrypted manner via the SSL 3 (Secure Socket Layer) protocol provided by the bank affiliated with Zhor Parfums, which will not receive any data relating to the Customer's credit card. Nevertheless, Zhor Parfums reserves the right to request, according to the instructions of the affiliated bank, a copy of documentation as well as any other information relating to the identity of the Customer necessary for the identification of the same in order to guarantee the security and correctness of the transactions made through the site zhor.com.

In the context of the fight against online fraud, information regarding the Customer's Order may in fact be transmitted to third parties authorized by law or designated by Zhor Parfums for the sole purpose of verifying the Customer's identity, the validity of the Order, the payment method used and the place of delivery.

Art. 5: Delivery

5.1 The delivery of the products is made to the address indicated by the Customer only after regular registration of the payment of the relevant order. In compliance with the provision contained in art. 61 of the Consumer Code, Zhor Parfums will deliver the products within and no later than 30 days from the date of conclusion of the contract, subject to receipt of the purchase price, unless Zhor Parfums communicates — within the same term — the non-acceptance of the order pursuant to the previous article 2.3.

5.2 It is understood that no delivery can be made to hotels, professional addresses or post office boxes.

5.3 The Customer will have the option to use the following delivery methods:

(i) standard service (free for Italy, paid for abroad): delivery is made between 8:00 am and 6:00 pm from Monday to Friday (delivery within 3–4 working days);

(ii) express service (paid): delivery is made between 8:00 am and 6:00 pm from Monday to Friday (delivery within 2–3 working days).

The delivery terms indicated are to be considered purely indicative.

5.4 The Customer will be informed by SMS or email of the expected delivery date as well as the carrier appointed by Zhor Parfums for the delivery itself. The Customer may then contact such carrier to possibly agree on a different delivery date.

5.5 In the event that, at the time of delivery, the external appearance of the package shows imperfections, the Customer (or the person who received the package on their behalf) must proceed to open the package itself in the presence of the carrier, to check the condition of the product contained therein. In the event that the product is damaged, the Customer (or in any case the recipient) must detail in writing, on the delivery note, all the relevant data. Any complaints of damage must also be immediately notified by the Customer in the manner provided for by the following article 10.

5.6 If the Customer decides to collect the order at the Zhor Parfums boutique in Milan, Via Montenapoleone 14, with the "Pick-up in Boutique" mode, the purchased items will be held in stock at the point of sale for 15 days. From the moment the item is made available in the boutique, the Customer will receive immediate communication by email and, if necessary, by sms. From that moment they have a period of 15 days to go and collect their item in the boutique. After this period without collection by the Customer, the order will be considered terminated, the products will no longer be available for delivery and the amount paid will be automatically refunded.

5.7 In order for the items purchased with the "Pick-up in Boutique" service to be collected by the person who placed the order or by a duly and expressly authorized person, this person must present a copy of the Order Confirmation Email and an identification document.

5.8 Without prejudice to the provisions of other provisions of these general terms and conditions of sale, Zhor Parfums will repair or replace free of charge any product that has been damaged or lost during shipment made by its shipper, provided that the Customer has communicated in writing the damage or loss within 24 hours following the date of delivery (in case of damage) or within 24 hours following the date of delivery that had been indicated to the Customer in accordance with the previous article 5.4 (in case of loss), in order to allow Zhor Parfums to take advantage of the remedies provided for by the shipping conditions applied by the shipper, and the Customer makes available to Zhor Parfums (in case of damage to the product) the receipt or other document relating to the product in question, as well as the product together with the original packaging and all accessories, tags, etc. relating to the same.

Art. 6: Limitation of liability

6.1 Apart from cases of willful misconduct or gross negligence, Zhor Parfums shall not be liable to the Customer on any grounds as a result of:

damage or loss caused by the products or by their use by the Customer, without prejudice in any case to the application of mandatory legal provisions regarding producer liability;
damage that has not been caused by Zhor Parfums' breach;
loss of business or commercial opportunities that has not been caused by Zhor Parfums' breach.

6.2 No provision of these general terms and conditions of sale may limit liability in case of death or personal injury to the Customer caused by the negligence of Zhor Parfums, its employees, agents or appointees.

Art. 7: Right of withdrawal

7.1 Zhor Parfums is aware of the fact that Customers, except in the cases provided for by art. 59 of the Consumer Code, may exercise the right of withdrawal provided for by articles 52 to 58 of Chapter I, title III, part III of the Consumer Code. The Customer may exercise withdrawal, without specifying the reasons, by communicating to Zhor Parfums, within the maximum term of 30 (thirty) days from receipt of the product at the address indicated at the time of the order, their intention to withdraw from the contract and to return the product itself. In order to exercise their right of withdrawal, the Customer may communicate their wish in writing, by sending Zhor Parfums an email to the address customers@zhor.com containing the declaration of withdrawal, the Customer's data and the indication of the product concerned.

7.2 In compliance with art. 54 co. 4 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal remains with the Customer. The Customer will also be responsible for the timely return of the goods within 14 days from the date on which they communicated the intention to withdraw.

7.3 In case of withdrawal, all payments made by the Customer in favor of Zhor Parfums in relation to the product for which withdrawal has been exercised will be refunded, including delivery costs (with the exception of additional costs deriving from the possible choice of delivery with express service). The refund of such payments will take place, by re-credit, within 14 days from the date on which Zhor Parfums became aware of the exercise of the right of withdrawal by the Customer. Pursuant to art. 56 co. 3 of the Consumer Code, Zhor Parfums may withhold the refund of the relevant price until it has received the returned product. The provisions of the following paragraph 7.8 remain in any case applicable.

7.4 The re-credit referred to in the previous point is made to the Customer's current account corresponding to the credit card used by the Customer for payment, or, if payment was made by bank transfer, to the current account on which the price of the products was originally charged. Such refund will not entail any cost for the Customer.

7.5 In case of withdrawal, the costs incurred by the Customer for the return of the products to Zhor Parfums will remain exclusively borne by the Customer and will not be refunded by Zhor Parfums.

7.6 According to the provisions of article 57 co. 2 of the Consumer Code, the Customer is responsible for the diminished value of the products due to handling other than what is strictly necessary to evaluate the identity, nature and characteristics of the product. Therefore the Customer cannot exercise the right of withdrawal for products that are damaged, incomplete, deteriorated and/or dirty or in any condition that unequivocally implies that the products have been used, in such a way as to compromise their substantial integrity. If the products are nevertheless returned by the Customer, they will not be refunded by Zhor Parfums.

7.7 Regarding orders concerning perfumes, make-up and/or cosmetics, withdrawal may be exercised by the Customer provided that the purchased product is still sealed: at the time of return, neither the cellophane covering protecting the box hosting the perfume itself must be removed nor in any way opened, where present. The return of unsealed perfumes will therefore be refused and the refund will not be made.

7.8 Failure to return the product pursuant to art. 7.3 above within the term provided for by art. 7.2 will be understood as the Customer's expression of the will to revoke the declaration of withdrawal. The Customer will therefore retain the purchased item and Zhor Parfums will not be required to make any refund.

Art. 8: Replacement of products

8.1 Zhor Parfums wishes to offer its Customers the possibility to replace products that have been purchased remotely, both through the Zhor Parfums Customer Service and through the website zhor.com.

8.2 The replacement of products purchased remotely is subject to the following limitations:

a) in case of a replacement request submitted to the Zhor Parfums Customer Service, the replacement of products purchased remotely may be made with other replacement products of equal or greater value than that of the purchased products; in the latter case, the Customer must pay the price difference in excess;

b) in case of exchange made in boutique, if the purchase was made by credit card, the replacement of products purchased remotely may be made with other replacement products of equal or greater value.

8.3 Within the term of 30 days from the date of delivery, the Customer may request the replacement of the product purchased remotely by calling Customer Service. Unless otherwise indicated by Zhor Parfums, the costs of returning the products in case of return are exclusively borne by the Customer, who must proceed with the return by registered mail with return receipt. It is understood that Zhor Parfums will not ship the replacement product before having received the items returned by the Customer. The provisions of the previous art. 7.8 will be applicable, mutatis mutandis.

8.4 The products to be replaced must be returned in their original packaging, complete with all the original packaging (boxes, accessories, tags, protections, leaflets etc.). Products returned by the Customer that are damaged, incomplete, deteriorated and/or dirty or in any condition that unequivocally implies that the products have been used, in such a way as to compromise their substantial integrity (or, regarding orders concerning perfumes, make-up and/or cosmetics, for which seals have been removed), cannot be replaced.

8.5 In case of replacement, the sale relating to the replaced product must be considered terminated and the payment of the product delivered as replacement will take place, in part, by offsetting with the amount of the price of the previous sale. It is understood that any amount in excess owed by the Customer, referred to in the previous 8.2, will be charged to the credit card used by the Customer themselves for payment or to the Customer's PayPal account.

8.6 If the Customer has already used the replacement service (outside the cases of replacement for non-conformity of the product referred to in the following article), Zhor Parfums reserves the right to refuse further replacements of products.

Art. 9: Conformity

9.1 The Customer is required to check that the products received correspond to those subject of the order placed. In the event that the products delivered do not conform to the order, the Customer must inform the Zhor Parfums Customer Service by telephone and has the right to demand the execution of the order, after returning what has been received, or, in case of supervening unavailability of the products ordered, to order different items of the same nature or, alternatively, to be refunded for any price difference or to cancel the entire order.

9.2 Zhor Parfums is also responsible in case of lack of conformity of the products, as indicated below:

(i) the conformity guarantee of the products is valid on condition that the defect manifests itself within 24 months from the date of delivery of the products and that the Customer submits a formal complaint in the manner referred to in art. 10 within a maximum term of 2 months from the date on which they discovered the defect.

(ii) in case of non-conformity of the products, the customer will be entitled to obtain their restoration free of charge, by repair or replacement.

Art. 10: Complaints — information

For any information or complaint, or for any question relating to the general terms and conditions of sale or the products marketed by Zhor Parfums, Customers should contact the company's Customer Service by telephone at +39 02 36515500 or by writing a message through the "CONTACTS" section of the site zhor.com, indicating the order number to which the query or complaint refers.

Art. 11: Intellectual property rights

11.1 The Zhor Parfums trademark, as well as the set of figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the products marketed by Zhor Parfums, on the relevant accessories and/or packaging, whether registered or not, are and remain the exclusive property of the company Zhor Parfums S.R.L. — with registered office in Milan, Via Monte Napoleone 14, 20121 — or of their respective owners who have conferred every necessary license of use to Zhor Parfums. The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the company Zhor Parfums and/or of the respective owners, are absolutely prohibited.

11.2 Any combination between the aforementioned trademarks and other trademarks, symbols, logos and more generally any distinctive sign suitable to create a composite logo is also prohibited.

11.3 The total or partial reproduction, modification or use of designs, models and patents, which are the exclusive property of the company Zhor Parfums or of the respective owners who have conferred every necessary license of use to Zhor Parfums, are also absolutely prohibited.

Art. 12: Force majeure

12.1 The execution of the performances by the company Zhor Parfums may be suspended in case of supervening of a fortuitous event or force majeure that prevents or delays its execution.

12.2 The following are considered as such, by way of example and not limited to: war, riots, insurrections, epidemics, strikes and supply problems of the company Zhor Parfums attributable to third-party suppliers, or the incorrect indication by the Customer of the correct address for shipment.

12.3 The company Zhor Parfums will inform the Customer of the occurrence of the fortuitous event or force majeure within the term of 7 days from its occurrence. In the event that the suspension of performance should last for a term exceeding 15 days, the Customer will have the possibility to cancel the order placed and will be refunded the amounts already paid, according to the procedure established for withdrawal in art. 7 of these general terms and conditions of sale, insofar as applicable.

Art. 13: Privacy

All personal data is processed with the utmost confidentiality according to the directives contained in the "Privacy Policy", which can be viewed in the appropriate section of the site zhor.com.

Art. 14: Competent court and applicable law

14.1 The court applicable to sales contracts concluded by telephone or through the Zhor Parfums website is that provided for by art. 66-bis of the Consumer Code. For the resolution of disputes, it is possible to resort to the mediation procedures provided for by legislative decree no. 28 of 4 March 2010. The possibility of promoting the out-of-court resolution of disputes, as provided for by articles 66 and 141 of the Consumer Code, also remains.

14.2 These general terms and conditions of sale are governed by Italian law and shall be interpreted on the basis thereof, without prejudice to the different prevailing mandatory rules dictated by the legal system of the State of habitual residence of the customer.