The present contract contains the discipline relative to the distance selling of products through the site www.ivanavesprini.com ("Site"). Before ordering the goods through our site, please read the sales conditions ("Contract" or "General Conditions") carefully, making sure you fully understand them.
2. INFORMATION RELATING TO SELLERS AND PURCHASERS
2.1 The site www.ivanavesprini.com is managed by the individual company Vesprini Ivana, with headquarters in Via Duca degli Abruzzi, 10/14, 62012 CIVITANOVA MARCHE (MC) Part. Iva 00918480435, Cod. Fisc. VSPVNI59M56E783U (hereinafter also referred to as "Seller" or "Supplier").
2.2 In accordance with the legislative decree 6 September 2005 ("Consumer Code"), the user who accesses the site (hereinafter also referred to as "Customer" or "Purchaser") may hold the status of Consumer or Professional. The term Consumer means the natural person who concludes the contract for purposes not related to the entrepreneurial, commercial, craft or professional activity carried out. With the expression Professional, it must be understood the subject, natural person or juridical person that in the conclusion of the contract acts in the ambit of his own professional activity, commercial, handicraft or entrepreneurial, or an intermediary.
3. CONCLUSION OF THE CONTRACT AND PURCHASE PROCEDURE
3.1 To complete one or more transactions with the Supplier and conclude the Contract, the Buyer must be at least eighteen (18) years of age.
3.2 The Customer may select and add to the cart the products published in the virtual catalog based on their characteristics and in the desired quantities. It is understood that, until the purchase order is submitted, it will always be possible to change the data entered in the purchase form and the products added to the cart.
3.3 To complete the contract, the Customer must necessarily accept the General Conditions by placing a sign in the check box. After marking the acceptance box and entering the payment data, the Customer can forward the purchase order to the Supplier by pressing the payment confirmation button. The Contract will be considered concluded when the Supplier becomes aware of the order.
3.4 On the sidelines of the purchase procedure, the Customer will receive an order confirmation e-mail confirming the success of the transaction and the conclusion of the Contract. The purchase confirmation will contain the details of the order and of the concluded Contract and in particular: the indication of the amount paid, the main characteristics of the product, any limitations on the exercise of the right of withdrawal, the estimated delivery times, an e-mail address to which requests for assistance relating to the order made and a link that will allow you to download and keep these General Conditions, so as to be able to keep a copy on a durable medium, pursuant to art. 12, Legislative Decree 9 April 2003, n. 70.
3.5 The General Conditions will be filed by the Seller on the server where the Site resides to be consulted and downloaded at any time using specific links present on the pages of the Site itself. Users can also ask the Supplier for a copy of the same by e-mail at the following address email@example.com.
3.6 In the hypothesis in which, despite the confirmation of the order, the purchased product should result for some reason no longer available, the Supplier will promptly notify the Buyer indicating the waiting times. The Buyer can then confirm the order or request the timely repayment of any amount paid. It is understood that, in the event of unavailability of the Product, the Buyer will be entitled to request only the return of the price, the reimbursement of which will take place no later than 14 days from receipt of the relevant request.
4. REGISTRATION OF AN ACCOUNT
The Customer has the right to register a personal account through which to view the orders placed, the status of the shipment and update their personal data. The authentication credentials will consist of a username (generally corresponding to your e-mail address) and a password for the exclusive use of the Customer. Both in the purchasing phase and in the registration of the account, the Buyer undertakes to communicate truthful and correct data and to keep them constantly updated, also to allow the Supplier to correctly deliver the order confirmation. The Customer acknowledges the confidential nature of the credentials used to access the account and undertakes not to disclose them or to leave them unattended.
5. PAYMENT AND SHIPPING OF GOODS
5.1 Product payment can be made by credit card or Paypal account. The Customer hereby authorizes and accepts from the outset the fact that the Supplier, following the forwarding of the order, will proceed to charge or request the authorization to debit the payment card used.
5.2 The Seller will not be aware of the credit card data transmitted during the purchase transaction, information that the Buyer will communicate directly to the payment service provider as a bank or financial operator. Therefore the Supplier does not store the data relating to the payment instruments used by the Customer, which will be transmitted directly to the supplier that manages the payment services.
5.3 In the event of settlement by bank transfer, the Seller will proceed with the shipment only upon receipt of the actual proof of payment, consisting of a copy of the transfer provision, to be sent by email to firstname.lastname@example.org, indicating in the subject of the email both the order number and the name of the Buyer.
5.4 Product prices and delivery costs are inclusive of VAT. The same could be subject to updates and are to be considered valid until the purchase procedure is completed. Any extra costs such as duties, taxes and other taxes provided for by the laws of the State where the Products will be shipped will be entirely borne by the Customer who undertakes to pay them directly to the competent tax or customs authorities or to the courier in charge of the delivery.
6. DELIVERY OF GOODS AND REPORT OF DEFECTS
6.1 The Supplier is not required to proceed with the shipment of the Products until it has received full payment of the price. The delivery terms indicated during the purchase phase must be considered merely indicative and not binding, without prejudice to the obligation for the Supplier to deliver the goods sold to Customers who are Consumers within and no later than 30 days from the date of confirmation of order. The Seller cannot therefore be held responsible in any way for their failure to comply, except as provided in the following clause 6.2 solely with respect to Consumers.
6.2 Limited to cases in which the Buyer is a Consumer, the delivery times of the products cannot exceed 30 days from the date of purchase. In the event of non-delivery within a maximum period of 30 days, the Customer will invite the Seller to make the delivery within an additional period appropriate to the circumstances. The Customer will not be required to grant this additional deadline in the following cases:
- the Supplier has expressly refused to deliver the goods, or;
- if the Customer has informed the Seller before the conclusion of the Contract that compliance with the deadline agreed by the parties for delivery of the goods must be considered essential; In case of impossibility to deliver, the Customer will have the right to terminate this Contract.
6.3 The Customer is required to verify, at the time of delivery of the product, that the packaging of the goods is intact, not damaged or otherwise altered, even in the closing materials. Any damage to the packaging of the product must be immediately detected by the Customer by placing a control reserve note on the proof of delivery of the courier, and communicated to the Seller by registered letter with return receipt in advance. Otherwise, and in particular, once the courier's document has been signed without any written observation, the Customer cannot raise any objection with reference to the external characteristics of what was delivered.
6.4 It is understood that, if the Customer is a Professional, the rule of sale with shipment governed by Article 1510, paragraph 2 of the Civil Code will apply.
7. RIGHT OF WITHDRAWAL AND RETURN OF THE GOODS
7.1 Under the Consumer Code, the Customer who qualifies as a Consumer may withdraw from the Contract without stating the reasons and without any penalty within 14 working days from the day on which the Customer or a third party other than the designated carrier acquires the physical possession of the goods.
7.2 The right of withdrawal must be exercised by the Customer informing the Supplier of his intention to withdraw by sending a written notice by registered letter with return receipt or PEC within 14 days of delivery, indicating the order number relating to the product purchased. Alternatively, the Buyer may use a simple communication by email to email@example.com but such communication via e-mail will be considered valid for withdrawal purposes only in case of immediate confirmation by the Seller to the communication received. Otherwise the Seller assumes no responsibility for non-receipt or failure to read the notice of withdrawal sent by simple e-mail.
7.3 Following withdrawal, the Seller will refund all payments received to the Customer. The refund will be made no later than 14 (fourteen) days from receipt of the withdrawal notice, using the same payment instrument used for the initial transaction, unless the Customer has expressly communicated otherwise. The refund may be suspended until receipt of the goods or until the Client has demonstrated that he has sent back the goods. The products must be returned in an intact form and without damage at the headquarters of the Seller or at the address indicated by them. The direct cost of returning the goods will be charged to the Customer.
7.4 The right of withdrawal is excluded for custom made goods and will not be applied to the purchase of goods whose cost is less than or equal to 50 (fifty / 00) euros. However, the Buyer will retain the possibility to exercise the right of withdrawal in the case of more goods purchased at the same time, if the total amount paid by the Customer, regardless of the amount of the individual goods, exceeds the sum of 50 euros.
8. LEGAL WARRANTY ON CONSUMER GOODS
8.1 Each good purchased on the Site is covered by the legal guarantee of conformity for a period of 2 years from delivery. The guarantee must be enforced directly by the Customer within 2 months from the discovery of the defect, by sending the Seller a registered letter with return receipt, to the address indicated in the art. 10 "CONTACTS" specifying the defect found. Unless there is evidence to the contrary, it is assumed that the lack of conformity occurring within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the lack of conformity. After reporting the defect, the Seller reserves the right to offer the Customer appropriate remedies available.
8.2 In the event of lack of conformity, the Customer is in any case entitled to the restoration, without charge, of the conformity of the goods by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer can ask the Supplier, at his choice, to repair the item or replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
8.3 The warranty indicated in clauses 8.2 and 8.3 will apply only to Buyers who have Consumer status. Below there are the provisions applicable to Clients qualifying as Professionals.
8.4 The Customer who does not hold the status of a consumer pursuant to Legislative Decree 6 September 2005, n. 206 and s.m.i. or Directive 2011/83 / EU, must notify the Seller of any defects in the apparent quality of the product within and no later than 8 days from delivery, in accordance with Article 1511 of the Civil Code. The Buyer undertakes to ship the goods in its original packaging, complete with all the accessories, the delivery document and a detailed description of the defects. The action is prescribed, in any case, within a year of delivery.
9 EXCLUSION OF OTHER GUARANTEES
9.1 Access to the Site is provided without any guarantee of continuity. The Supplier reserves the right to modify, suspend or interrupt access to the Site (or any part of it) at any time and without notice. The Supplier declines any responsibility in case of unavailability of the Site or inability to access it.
9.2 Although the Supplier makes every reasonable effort to ensure that the description and the graphic representation of the goods are accurate and corresponding to their actual characteristics, however, please note that the images are for illustrative purposes only and may not exactly reflect the appearance of the product purchased, also due to differences in the computer display and lighting conditions.
For any complaint or request for assistance, please contact the Supplier directly at the following addresses: Vesprini Ivana, Via Duca degli Abruzzi, 10/14, 62012 CIVITANOVA MARCHE (MC) Email: firstname.lastname@example.org.
11. APPLICABLE LAW
11.1 The contract is governed by Italian law, without prejudice to any other mandatory rule prevailing in the Country of residence of the Customer.
11.2 If the Customer is a Consumer, the court of his residence is competent to decide on the merits. If it is not a consumer, the court of Macerata is the competent authority to resolve the dispute.
11.3 For all matters not expressly provided for in this Agreement, Customers who are qualified as Consumers will be subject to the provisions referred to in Title III Chapter I of Legislative Decree 6 September 2005, n. 206 and s.m.i.
11.4 In accordance with the EU Regulation of the European Parliament and of the Council No. 524/2013 we report the link to the European platform for online dispute resolution: http://ec.europa.eu/consumers/odr/