TERMS AND CONDITIONS OF SALE
The company Vestrum srl, hereinafter, the “Company”, distributes apparel and accessories for men and women under the Vestrum brand exclusively within the European Union.
In order to better respond to consumers’ expectations, the Company set up an Internet-based remote selling system involving a selection of items as mentioned above. The system is subject to the terms and conditions set out below as well as the provisions on distance contracts under Italian Leg. Decree no. 206/2005 (Consumer code) whereby:
- I) “on-line sales contract” means a distance contract, that is, a legal transaction having as subject movable goods and/or services and entered into by and between a professional business, namely Vestrum Srl, by means of its on-line service vestrum-italy.com and a consumer, within the framework of a distance selling system organised by the professional business who, for the purpose of such contract, resorts exclusively to the distance communication technology called Internet;
- II) “professional business” means the natural or legal person acting to perform their entrepreneurial, commercial, craft or professional activity, or any intermediaries thereof;
III) “consumer” means any natural person above the age of eighteen not acting to perform their entrepreneurial, commercial, craft or professional activity, if any.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.
SCOPE OF APPLICATION
The general terms and condition of sale set out herein apply to the sale by the Company to its customers of the items sold on the website having as address www.vestrum-italy.com
The opportunity to distance purchase the items on the websites is exclusively reserved to natural persons above the age of eighteen acting in their capacity as consumers under Italian Leg. Decree no. 206/2005 in order to make a personal purchase, being the holders of a credit card as better defined under article 6.3 below.
For the above purposes, the consumer expressly represents to purchase the items for personal use and not in connection with their business activity, if any.
The Company reserves the right to amend or update these general terms and conditions of sale at any time and without notice. The consumer agrees and accepts that the purchase of the items will be subject to the general terms of sale applicable from time to time and in force at the time of the order on the website. Therefore, the consumer must verify the general terms and conditions of sale version in force prior to completing the order.
IDENTIFICATION OF THE SELLER
Vestrum Srl with registered office in via di Mezzo Levante 1500, 40014 Crevalcore (BO), paid-up share capital €10,000.00, Tax and Bologna Business Register no. 03478891207.
INFORMATION REGARDING THE ITEMS
The characteristics and essential information regarding the items (including, but not limited to: type, name, colour, size, properties, material, composition, etc.) are available on the website. Nevertheless, the consumer is aware and agrees that, even though the images and other portrayals of the items are quite accurate in their description of the original items, they are provided by the Company for exemplification purposes only and as such have no binding contractual value; hence the items, though consistent with the description provided by the Company, may not be perfectly identical to those depicted in the images or in any other forms of description.
Consequently, the consumer agrees to release the Company from any liabilities due to subtle and marginal differences detected in the items delivered in comparison with those depicted to the consumer at the time of the order.
In order to purchase the items remotely, the consumer must follow the procedure described in Article 5 below.
Vestrum srl reserves the right not to process order lower than €100.
The orders will be accepted by the Company as long as the items are available in stock. The consumer, prior to the order, will be informed about any restrictions in stock availability. If, following the order having been completed by the consumer, it should appear that the items ordered are no longer available, the Company shall inform the consumer accordingly and refund the price paid by reimbursing the money paid using the same method originally used to finalise the purchase.
- c) The personal data, address, telephone number and e-mail address must strictly be true and personal. It is forbidden for the consumer to submit false and/or invented and/or imagined data during the registration process required in order to execute this agreement and see to all further and relevant notices.
- d) It is forbidden to submit third party data. Vestrum srl reserves the right to seek legal remedy for any violation or breach, in the interest and for protecting the rights of all consumers.
- e) The consumer releases and holds Vestrum Srl harmless from all claims arising from the issue of wrong tax documents caused by inaccurate data provided by the consumer, being the latter the sole person responsible to submit such data correctly.
The consumer undertakes to finalise his/her orders in compliance with these general terms of sale and, more specifically, to provide complete, accurate and updated information. Where the Company should find out that the order is not compliant with these general terms of sale (including, but not limited to, order containing wrong delivery address information), the Company shall inform the consumer of such circumstances by e-mail no later than 6 working days after the order has been made, asking the customer to notify within 6 days the amended data, thus making the order compliant with the general terms of sale.
The Company shall still be entitled to reject, at its sole discretion:
- orders made by consumers with whom the company has an ongoing dispute concerning the payment of previously sold goods;
- orders being non-compliant with these general terms of sale and which have not been amended by the consumer and re-forwarded under the terms of section 4.2, letter e.
This is to remind that pursuant to Article 13 of Italian Leg. Decree no. 196 of 30 June 2003, personal data included on the relevant web page at the order shall be processed by the Company exclusively for the purposes of finalising the sale and delivery of the goods and stored solely for the purposes of legal, tax and accounting compliance. The communication from the consumer of such data is required for the purposes of completing the goods purchase process. The Data controller is Vestrum Srl with registered office in via di Mezzo Levante 1500, 40014 Crevalcore (BO), paid-up share capital €10,000.00, Tax and Bologna Business Register no. 03478891207.
The consumer may exercise all rights pursuant to Article 7 of Leg. Decree of 30 June 2003 including, but not limited to, the right to access data, update, delete, amend, integrate and block them, or anonymise them, as well as the right to object to receiving commercial information or to the processing of personal data for legitimate reasons, without any formalities, by notifying the Company by e-mail, at the address firstname.lastname@example.org.
The prices for the items are inclusive of all taxes and levies, except for shipping costs. The price of each item, as well as the shipping costs, shall be notified to the consumer prior to executing the contract. Shipping costs do not include any customs tariffs, which shall be paid by the consumer. All prices are in Euro and include VAT.
6.1 – REGISTRATION
By filling out the personal data sheet required for the registration as prescribed in the website, the consumer authorises Vestrum Srl to notify non-sensitive personal data (place of residence, telephone number) to trusted couriers and/or forwarders used for the delivery of the purchased items, in order to enable all delivery processes.
It is possible to complement the order with Shipping Notes, such as, for instance, the name of the person to whom the parcel must be delivered should the recipient not be available.
To this end, the consumer undertakes to notify the exact habitual residence or third party address.
In order to finalise the order and make the payment, it is not necessary to be a registered customer. Registered customers must enter their e-mail and password and click on Login.
If the customer has forgotten his/her password, they may retrieve it by clicking on “Password forgotten?” and specify the e-mail address given at registration, to which the Password will be sent.
Non-registered users must provide the required data and finalise the purchase as guests.
6.2 – PAYMENT
Once the data have been entered, the customer may check the order summary and select the payment method.
After a few seconds the system will redirect the customer to the website of the bank managing the on-line payment, which Vestrum Srl may not access in any way.
Credit card payments shall be authorised only for the following credit card providers: Visa, Mastercard or via PayPal; PostePay cards are also accepted, while for the moment payments in the form of cash on delivery and wire transfer are not allowed.
From then on, any doubts concerning the information that the system may require (secure code, etc.) shall be settled with the issuing bank.
By filling in the relevant boxes in the bank website, the consumer authorises Vestrum Srl to use the credit card provided and to charge on the consumer’s bank account in favour of Vestrum Srl the total amount reported as the price due for the on-line purchase. The process shall take place by means of a protected connection with the bank managing the on-line payment, which Vestrum Srl may not access in any way.
6.3 – ORDER CONFIRMATION
Once the payment card data have been provided, the system shall inform the customer whether the order has been accepted and will send an order confirmation e-mail.
In general, Vestrum Srl and the consumer agree that electronic messages as well as automatic registration systems shall be construed by the parties as proof of the purchase order having been sent, with specific regard to the date and nature of the order. In any case we recommend the consumer to keep a paper or electronic copy of the order sent and the electronic message received from Vestrum Srl.
The items will be delivered only:
- at the place of habitual residence of the consumer, or
- at a third party address as specified by the consumer for the delivery at the time of the order; this is to remind that such address must correspond to the place of habitual residence of the third party appointed by the consumer or, in lack thereof, the address of the company at which the third party works;
- it is understood that the delivery shall not occur either at hotels or post-office boxes.
The delivery of the items shall take place once the payment of the order has been duly effected, at the address specified by the consumer for the delivery. The delivery of the ordered items shall take place no later than 30 days from the date of the order.
The items shall be accompanied by an invoice detailing the ordered goods and the applied prices.
RETENTION OF TITLE
The Company reserves the title to the goods delivered up until the payment of the full price, including principal and interests. The payment shall be considered finalised once the price has been cashed.
In lack of the payment, either partly or in full, the Company may, without any previous notice, claim back the goods, that have or will have been delivered by the Company to the consumer.
WITHDRAWAL AND RETURNS
The Consumer may exercise his/her withdrawal right, without having to offer any reasons, within 14 days starting from the date in which the order has been made. In such instance the consumer, within the above term shall notify it, by filling out the relevant on-line form, to Vestrum Srl, which will confirm with an automatic e-mail the receipt of the return request and will provide all instructions to proceed. Upon receiving the confirmation, the consumer shall return to the Company the items, in their original packaging and in a perfect state of preservation, complete (accessories, instruction sheet, warranty, etc.) and accompanied by a copy of the invoice, at the same address reported in the invoice and in compliance with the instructions received.
The consumer must keep proof of such return and ship back the goods by registered mail or by any other means providing a certain shipping date; return charges shall be borne by the consumer.
The refund of the invoiced price for the returned items shall take place by wire transfer to the consumer no later than 14 days after the Company receiving the returns.
In case of transport damage of the returned goods, Vestrum Srl shall inform the Customer within five working days from receiving the goods, thus allowing the Customer to seek remedies from the courier used for the transport.
The damaged goods will be made available to be shipped back and the return request shall be cancelled.
Upon arrival at the warehouse, the goods shall be inspected in order to assess any damage or tampering not connected with transport.
Goods that should be found incomplete, worn, damaged, deteriorated or dirty for reasons attributable to the consumer, or missing a copy of the invoice, shall not be refunded and will in no way give rise to a credit equal to the price of the items originally purchased.
If the original box or packaging should be damaged and the item should therefore be reconditioned or replaced to be stored back in the warehouse, Vestrum Srl may, at its own discretion, retain a percentage of 20% from the refund due, as a contribution to the restoration and management charges.
The purchased products MAY be replaced with different colours and sizes depending on stock availability, following the return procedure and specifying the desire to make a change. A refund may be requested following the procedure explained in the relevant section in the consumer’s account.
Any returns shipped from outside the European Union shall not be accepted.
CONFORMITY – WARRANTY
The consumer must make sure the goods delivered correspond to the order made. If the delivered items were not compliant with the order, the consumer must inform the Company no later than 8 days from receiving the goods by e-mail to the address email@example.com clearly specifying whether he/she intends to request a return or rather the replacement of the goods received with other, consistently with the order made. Upon verifying the non-conformity of the goods with the order made, the Company shall notify the consumer the approval of the return or the replacement. The consumer shall return to the Company the items, in their original packaging and in a perfect state of preservation, complete (accessories, instruction sheet, warranty, etc.) and accompanied by a copy of the invoice, at the address specified by the Company.
The return of the goods shall be made by registered mail or by any other means providing a certain shipping date; return charges shall be borne by the Company only upon the latter having ascertained the non-compliance of the goods vis-à-vis the order made.
Notwithstanding the specific warranty terms, if any, granted to the consumer on the delivered goods, the same goods are covered by all legal warranties.
INTELLECTUAL PROPERTY RIGHTS
The consumer cannot reproduce the website, partly or in full, in any format or medium. The figurative and non-figurative items and marks and, more generally, any other marks, illustrations, images, designs, models and logos appearing on the items, the relevant accessories and/or packaging, be they registered or otherwise, as well as patents, shall be the exclusive use of the Company. Any total or partial reproduction or use of such brands, illustrations, images and loges, designs and models, for any reason and on any format, without the previous direct and written authorisation from the Company, shall be strictly forbidden. The same applies to brands and other distinctive signs connected with the use of brands and/or distinctive signs held by the Company. Likewise, it is strictly forbidden, without the previous direct and written authorisation from the Company, to use this license to use the website in a non-compliant manner, more particularly the use of any one of the elements the website is made of (items featured, descriptions, prices, data, software programmes, graphs, images, captions, pictures, tools, etc.) for the sale or use for any other direct or indirect commercial purpose.
For the purposes of these general terms of sale, the Company may not be held liable:
- for disruptions of delays caused by maintenance work taking place on the website, technical faults, instances of force majeure, third party events of any other circumstances not depending on its doing or will;
- for the impossibility of the consumer or the Company to access the website at any given time, due to circumstances not depending on their will, such as in case of information technology faults, telephone or Internet line disruptions or failure in the hardware used by the consumer to utilise the Internet network.
The Company shall not be held in any way liable for missing or delayed delivery due to instances of force majeure or accident.
Instances of force majeure are meant to include, but not be limited to, upheavals, insurrections, social unrest, telephone outages, information technology disruptions and severe damage to Internet operation and security, strikes of any nature and the failure for the company to procure the materials it needs.
The Company shall inform the consumer in case of such instances occurring within seven days from their occurrence. In case this interruption in the performance of the Company’s obligations should endure for a period of more than fifteen days, the consumer shall then be entitled to cancel the current order and the Company shall see to reimbursing the price paid within a short time by means of a wire transfer to the user’s current account.
The failure or delay of the Company in exercising a right or the failure or delay of the same Company in requesting the performance of one or more of the obligations applicable to the consumers, shall in no way be construed to be a waiver to said rights and remedies, nor will it hinder the exercise or the applicability of the same rights or any other rights at any moment thereafter.
VALIDITY OF THE GENERAL TERMS OF SALE
The inefficacy, nullity on unenforceability of any one of the clauses set out in these general terms of sale shall not imply the inefficacy, nullity on unenforceability of the remaining general terms of sale, the latter remaining in full force and binding for the parties.
APPLICABLE LAW – PLACE OF JURISDICTION
Any dispute arising in connection with the application, execution, interpretation and breach of purchase contracts entered into through the website www.vestrum-italy.com is subject to the Italian law; these general terms shall be subject, for anything not specifically provided herein, to the Italian Civil Code as well as, more specifically, to Legislative Decree no. 206/2005.
For any dispute between the parties arising in connection with this contract, the exclusive jurisdiction will be given to the court where the consumer has his/her domicile; any other disputes shall be dealt with by the Court of Bologna.
Pursuant to article 13 of Italian Leg. Decree no. 196 of 30/06/2003 (Privacy Law), this is to inform customers of the following.
Customers’ personal data shall be processed for:
purposes being instrumental to tax, accounting and legal compliance and contract and client management (supply of products and accessories, customer care, replacement, client management and administration, orders, shipping, invoices, solvency checks and dispute management);
purposes connected with the company business (post order sale, marketing and advertising, market analysis and survey, promotional activities, customer satisfaction measurement, contests, events, prizes and awards, statistical analyses).
Data will be processed also by the establishment and management of a central archive, using paper, IT and electronic instruments, suitably accessed only by specialised and authorised personnel. The provision of personal data being essential for legal compliance and/or the approval and/or continuation of the contractual relationship is mandatory, meaning that in lack thereof it will be impossible to establish and/or continue such relationship. The provision of other personal data is optional and generally instrumental to providing a better customer service; any refusal to provide this consent shall not have any adverse consequences for the customer.
Personal data concerning customers may be disclosed to holding companies, subsidiary companies and/or affiliate companies of Manila Grace for the same purposes reported above or to any third parties specialising in the following services: software, hardware, electronic or IT system management; data processing or storage; printing, transmission, mailing, transport and sorting of customer communications, financing, credit collection and financial risk detection.
This is to remind that customers are always entitled to exercise their rights under Article 7 of the Italian Privacy Law.
The data controller is Vestrum Srl, with offices in via di Mezzo Levante 1500, 40014 Crevalcore (BO), Italy.
In order to ensure the security of personal data and any other information collected through the web, we resort to protection systems whose purpose is preventing any third parties from accessing and/or intercepting private communications without the authorisation of and/or unbeknownst to Vestrum. In spite of our commitment, the Internet is not an entirely safe environment and we are well aware that we cannot ensure the complete integrity and security of user data and information.
Thus, we believe we cannot be held liable in connection with the total guarantee of security and integrity of your data and information communicated on the web.
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