Selling terms and conditions
Premises
Nuovo Centro Casalinghi (hereafter also only "Seller") based in Via Capitano di Castri 56, operating headquarters C.da Olmo (Industrial area) - 72021 Francavilla Fontana (BR) – Italy, VAT number 02438920742, sells furnishing products for the house and the outdoors through the website www.italyvipostore.it (hereinafter, "the Site").
These General Conditions of Sale apply to all sales concluded remotely through the Site and they regulate distance sales in accordance with the national and European regulations, including Legislative Decree n. 70/2003, the Legislative Decree n. 206/2005 and subsequent amendments (hereinafter, the "Consumer Code") and European Directive no. 2011/83 EU on Consumer rights.
1. Scope of application
1.1 These General Conditions of Sale govern all sales offered by the Seller through the Products’ Web Site.
1.2 These General Conditions of Sale can be modified by the Seller at any time. Any changes will be in force from the moment of their publication on the Site in the "General conditions of sale" section, on the homepage of the Site. Customers are therefore invited to regularly access the Site and consult, the most updated version of the general conditions of sale before making any purchase. The applicable sales conditions are those in force on the date of transmission of the purchase order of a product by the customer.
1.3 Before proceeding with the purchase of Products through the Site, the Customer must carefully read these General Conditions of Sale, available in the "Conditions of Sale" section of the Site.
1.4 It is understood that placing the Purchase Order through the Web Site implies total and absolute knowledge of these General Conditions of Sale and their full acceptance.
1.5 These General Conditions of Sale do not regulate the sale of Products by subjects other than the Seller, even if they are present on the Site through links, banners or other hypertext links. Given this, the Customer is invited, to check the general conditions of sale applied by the Seller before proceeding with the possible forwarding of orders and / or with the purchase of products and services from subjects other than the Seller. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
1.6 In the event that the person who purchases Products on the Site requests an invoice and / or in any case is not a "Consumer" as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal regulation pursuant to art. 8 of these General Conditions nor, more generally, the provisions that apply only to "consumers" pursuant to the same Consumer Code.
1.7 Please refer to the content of the Privacy Policy, for information relating to the processing of Customers' personal data,
2. Information directed to the conclusion of the Contract
2.1 The Seller informs the Customer that:
- to conclude the purchase contract for one or more Products on the Site, the Customer must make a Purchase Order for the products, filling in an electronic order form and sending it to the Seller, electronically, following the instructions that appear on the Site;
- the Contract is concluded when the user receives the confirmation e-mail of the purchase order sent from the Seller to the indicated e-mail address. This confirmation message will contain the date and time of execution of the order and a "Customer Order Number", to be used in any further communication with Vipostore.it and to be used in the reason for the bank transfer.
- before proceeding with the transmission of the Purchase Order, the user can identify and correct any errors in data entry by following the instructions on the Site in the various stages of the purchase;
- the registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.
2.2 With the transmission of the Order, the Customer accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, also recalled through links and made always storable.
2.3 In any case, the Seller reserves the right to evaluate the acceptance of the Orders received and not to accept the Purchase Orders that are incomplete or incorrect or in case of unavailability of the Products. If the Seller does not receive payment within 5 days following the sending of the order confirmation email, send the Customer an e-mail of payment reminder. If after 5 more days from the sending of the reminder email, the Customer has not made the payment, the contract is considered terminated by law (art. 1454 of the Italian Civil Code “formal notice of default”.)
3. Registration on the Site and Purchase Order of the Products
3.1 Purchase orders can be made directly through the Site, only by adults who are not in conditions of legal incapacity.
3.2 The Customer who intends to make the Purchase Orders of the Products can register on the Site and enter the requested data. In any case, it is still necessary to provide the Seller with a valid e-mail address to which all mandatory information is sent to the Customer, as well as the communications provided for in these General Conditions of Sale or in any case concerning the Purchase Order of the Products.
3.3 The description of the characteristics of the Products that can be purchased, together with one or more photographic images that allow a correct representation of the Products, is present on the Site, in the Purchase Order and in the confirmation of the Order sent to the Customer at the end of the purchase procedure.
3.4 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as faithfully as possible but must always be understood as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products sent by the Customer will prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even if reproduced in photographic studios, the hue varies according to the type of light used in the studio "warm light / cold light / distance between the product and the surrounding lighting and the type of camera used”.
3.5 To view the selected Products and their overall price, click on the cart icon. The Customer is asked to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Products, entering the required data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these Conditions general sales conditions.
3.6 The Customer has the right to make changes or to correct any errors before submitting the Purchase Order to the Seller by following the instructions on the Site.
3.7 The Customer, before the shipment is made by the Seller, can cancel the order by promptly communicating it to info@italyvipostore.it
4. Product prices
4.1 All prices of the products published on the site are inclusive of VAT. Delivery costs, (which may vary in relation to the chosen delivery method and / or in relation to the payment method used and the quantity / weight of the products), are specifically indicated (in Euros and inclusive of VAT) in the product sheet, in the Purchase Order and in the Order confirmation e-mail sent to the Customer.
4.2. The prices of the products published on the homepage or in the different sections of the site are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the products, where this is different from Italy, which will be charged to the customer. The seller reserves the right to change the prices of the products shown on the site at any time. Any changes to the prices of the products will not, however, be effective against the Customers who already forwarded an Order.
4.3 In the event that a product is offered on the site at a discounted price, the site will indicate the full original price against which the discount is calculated and to what the original price refers to.
4.4 To deliver to smaller islands or disadvantaged locations, there may be an additional charge which will be indicated before the conclusion of the order. Alternatively, the goods are always available free of charge in the warehouse. Click here to download the list of disadvantaged locations.
5. Methods of Payment and Billing
5.1 Payment by the Customer can be made using one of the payment methods indicated on the Site and listed below.
5.2 Credit card: the confidential data of the credit card (card number, expiration date holder, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore has no access to them and does not store the data of the credit card used by the Customer for the payment of the Products, even if the same proceeds to save the Credit Cards, except for the only data relating to the holder of the paper.
5.3 PayPal: the payment of the Products purchased on the Site can be made through the PayPal payment solution. If the Customer chooses PayPal as a method of payment, the same is redirected to the PayPal site, where he can make the payment of the Products according to the procedure provided and disciplined by PayPal and according to the terms and conditions of the contract agreed by the Customer with PayPal. The personal data used on the PayPal site will be processed directly by PayPal and they will not be transmitted or shared with the Seller. The Seller is therefore unable to know them and does not store the credit card data connected to the Customer's PayPal account or the data of any other payment instrument connected with that account.
5.4 Bank transfer: during the purchase procedure, it is possible to select the bank transfer as the payment method. The IBAN to be used to make the transfer is indicated upon completion of the order and in the order confirmation email.
6. Delivery of the Products
6.1 The Customer can follow the delivery of his Order online, following the confirmation of the Purchase Order sent to the e-mail address indicated,
6.2 For any information regarding delivery, the Customer can contact the Seller's Customer Service mentioned in the “terms and conditions to use”.
6.3 Product deliveries are made only within the territory of the European Union. The delivery obligation is fulfilled by transferring the material availability or in any case, by checking the Products to the Customer.
6.4 Delivery costs are always charged to the customer. The amount of delivery costs payable by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in Euros and including VAT) on the Site during the purchase process, in the Order and in the confirmation email of the Order.
6.5 During the purchase process, before the Customer transmits the Purchase Order of the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order will be indicated taking into account the area, the delivery method and the possibility that the Customer purchases multiple Products with the same Order.
6.6 Shipping terms start from the moment of payment (made electronically). In the event that the payment is made by cash on delivery, the customer may be contacted for further confirmation of the order.
6.7 In the case of delivery to the address indicated by the Customer in the Purchase Order, the Products purchased on the Site will be sent and delivered by the courier indicated on the Site to the postal address indicated by the Customer, according to the terms indicated on the Site during the procedure of purchase, before the user proceeds with the transmission of the Order. It is also possible to take advantage of the delivery notice which is an additional service that allows recipients to be able to know, in advance, the delivery time of their goods by paying a supplement of 5 euros at the time of delivery of the products.
6.8 If after the three delivery attempts by the courier it was not possible to deliver the goods, Vipostore sends an e-mail to the Customer to communicate that the product is in stock. From this moment on, the Customer has 10 days to collect the product at the warehouse stop, after which Vipostore has the right to take back the product by returning the amount paid by the Customer to the Customer, with the exception of shipping costs as these are in any case charged to the Customer.
6.9 Vipostore will not be responsible for failure or delay in delivery due to force majeure, such as, for example, strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfalls, floods and damage. to industrial machinery not dependent on Vipostore. Vipostore will promptly notify the Customer of the occurrence of even a single cause of force majeure.
6.10 In the event that the Customer is a Consumer, he has the right to exercise the withdrawal in the terms and conditions set out in point 8 below of these General Conditions of Sale.
6.11 The possibility of choice of the courier by the Customer is excluded. In the event that the customer is a consumer, art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the carrier, he physically enters into possession of the goods.
7. Conformity of the Delivered Products
7.1 The responsibility for transport is borne by Vipostore, which in the event of damage to the product that occurred during transport, will be borne by the courier.
7.2 It is up to the Customer to check the conditions of the Products that are delivered to him. The Customer assumes the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and other than the carrier, becomes physically in possession of these products.
7.3 It is the Customer's responsibility at the time of delivery of the goods to check that the packaging is intact, not damaged, nor wet or in any way altered, even in the closing materials (quality check). Any damage must be immediately reported to the courier who makes the delivery (accepting the goods with a careful reserve to be written in the courier's DDT: E.g.: "box with holes on the side", "box open and without personalized tape", " damaged box ", etc.).
7.4 In the event that the product has been damaged during transport, the Customer must notify the Seller by e-mail within 24 hours, detailing the damage that the product has suffered. Furthermore, in order to take advantage of the insurance included in the price, any damage must be reported within 24 hours "working days from receipt of the goods" to the following address info@italyvipostore.it, or by fax to n. 0831819885 or by registered mail to the address: Nuovo Centro Casalinghi C. da Olmo (Zona Industriale), 72021 Francavilla Fontana (BR).
7.5 In any case, at the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present production defects or further conformity defects. In addition to the specific guarantees that are eventually provided to the Customer together with the delivered product, the legal guarantees provided by Italian law are also applicable to the sale of the products purchased on the Site.
7.6 Pursuant to art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract. The Consumer can ask the Seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify Customer Service at the address indicated below.
The guarantee of legal conformity of the goods, provided for by art. 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, pursuant to article 130, when the lack of conformity occurs within two years from the delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).
7.7 The Consumer's request aimed at asserting the guarantee of conformity of the products must be communicated to the Seller by contacting the Customer Service at 3921681661.
8. Right of Withdrawal for the Consumer
8.1 If the customer is a consumer, he can exercise the right of withdrawal pursuant to art. 52 and ss. of the Legislative Decree n. 205/2006 (Consumer Code) within fourteen days from the day on which the Consumer himself or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer through a only order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good.
8.2 To exercise the right of withdrawal, simply inform us of your decision to withdraw from this contract by sending an email to info@italyvipostore.it
8.3 For the withdrawal or return to be accepted by the Seller, the products must be returned within the peremptory term of 14 (fourteen) days from the date on which the Customer communicated to the Seller that he / she wishes to withdraw from the purchase or make the return by sending the withdrawal form and in compliance with all the following conditions:
- the products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
- the products must be accompanied by the purchase receipt;
- the products returned by the Customer must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;
- any damaged products subject to return must be returned as received by the Customer, without the latter submitting them to modifications, manipulations or attempts to repair.
8.4 In case of withdrawal, the payments made to the Seller are reimbursed to the Customer (with the exception of the direct cost of returning the goods and those incurred for cash on delivery), according to the payment methods chosen for the purchase, in in relation to the product for which the withdrawal was exercised. The Seller reimburses these payments without undue delay and in any case within fourteen days from the day on which he is informed of the Consumer's decision to withdraw from the contract.
The professional can withhold the reimbursement until he has received the goods or until the Consumer has demonstrated that he has returned the goods, depending on which situation occurs first (pursuant to art.57 of Legislative Decree 206/2005 Consumer Code).
Pursuant to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The refund is made on the basis of the payment method chosen by the Customer and does not involve any additional cost for the Customer.
9. Complaints
9.1 If you have a complaint against Vipostore following the purchase of a product or service and it was not possible to resolve it by contacting our Customer Service, remember that you have the possibility to submit it through the ODR platform (Platform for online dispute resolution ), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
10. Limitation of Liability
10.1 Outside of cases of wilful misconduct or gross negligence, the Seller is in no way liable to the Customer for direct or indirect damages that may arise from the purchase of Products offered for sale on the Site.
10.2 The Seller also declines any contractual or non-contractual liability for direct or indirect damages, caused by the non-acceptance or fulfilment, even partial, of an Order.
11. Privacy
11.1 The Customer can always obtain information on how the Seller processes his personal data by accessing the Privacy Policy available on the Site.
11.2 Vipostore adheres to the code of ethics of the Italian Association of Electronic Commerce available at the following link https://www.aicel.org/codice-etico-dei-merchant-aicel.