General Conditions of Sale

GENERAL CONDITIONS OF SALE

Premise

This information is provided for the site “www.veginvogue.store” (Website) owned by Veg In Vogue by Buzzi Martina, legal office in Aurisina Cave 27/C1, 34011 Duino Aurisina (TS), registered with the Chamber of Commerce of Trieste with VAT number n. 01320920323 (Company).

Art. 1. Field of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by the Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Company on the Site.

1.3 The General Conditions of Sale can be changed at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in place on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before making commercial transactions with these parties, it is necessary to verify their sales conditions. The Company is not responsible for the provision of services and/or the sale of products by such parties. The Company does not carry out any checks and/or monitoring on websites that can be consulted through these links. The Company is therefore not responsible for the contents of such sites nor for any errors and / or omissions and/or violations of the law by the same.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, even during the purchase process.

Art. 2. Purchases on the Site

2.1 Purchases on the Site

  • can only take place after registration on the Site
  • are allowed both for users who are consumers and to users who do not have this quality.

2.2 According to art. 3, I paragraph, lett. a) of the Consumer Code, please note that natural persons are those who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out.

2.3 Under no circumstances may resellers and wholesalers make purchases on the Site or, in general, all those who intend to make purchases for the purpose of resale on the Site. It is therefore forbidden for such subjects to make purchases on the Site.

2.4 In the event of orders coming from anyone coming that present anomalies in relation to the quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to stop the irregularities.

2.5 The Company reserves the right to refuse or cancel orders that originate:

  • by a user with whom the Company has an ongoing legal dispute
  • by a user who has previously violated the General Conditions of Sale
  • by a user who has released false, incomplete or otherwise inaccurate identification data or that has not sent the requested documents promptly to the Company or that has sent invalid documents

Art. 3. Registration on the Site

3.1 To register on the Website, you must complete the form provided, entering the following information:

  • first name
  • surname
  • username
  • e-mail
  • password

3.2 You agree to immediately inform the Company if you suspect or become aware of an improper use or undue disclosure of the credentials for accessing the Site.

3.3 The user registered on the Site guarantees that the personal information provided by him or her is complete and truthful and agrees to keep the Company unscathed and without responsibility regarding any damage, indemnity and/or sanction arising from and / or in any way connected to the infringement by the user of the rules on registration on the Site or on the preservation of registration credentials and/or the provision of false personal data, incomplete or otherwise inaccurate, without prejudice to the Company’s right to proceed with disabling the user’s account.

Art. 4. Information aimed at the conclusion of the contract

4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing rules on electronic commerce, the Company informs you that:

  • to conclude a purchase contract on the Site, you must complete an electronic order form and send it to the Company, electronically, following the instructions that appear each time on the Site
  • the contract is concluded when the order form reaches the Company’s server
  • once the order form has been received, the Company will send you the order confirmation by e-mail, containing:
    • information relating to the characteristics of the purchase
    • the price
    • the means of payment used
    • the delivery costs.

Art. 5. Product Availability

5.1 The Products offered on the Site are limited in number. It can therefore happen, also due to the possibility that several users buy the same Product at the same time, that the ordered Product is no longer available after the purchase order is submitted.

5.2 The Website contains information on the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product, without prejudice to the rights attributed to you by law, in particular from Chapter XIV of Title II of Book IV of the civil code. You will therefore be entitled to terminate the contract immediately, without prejudice to the right to compensation for damages, in accordance with and for the purposes of the provisions of art. 61, paragraph IV and V, of the Consumer Code.

5.4 Alternatively and without prejudice to your rights described in this article, you can accept:

if restocking is possible, a delay in delivery terms, offered by the Company, with indication of the new delivery date.

5.5 If the reimbursement of the amount paid for the purchase of Products, which later proved to be unavailable, is requested, the Company will reimburse within a maximum period of 10 days.

5.6 In the event that you exercise the right of resolution in accordance with art. 61, paragraph IV and V, Consumer Code, the contract is terminated, without prejudice to the rights granted to you by law; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other possible additional cost, as indicated by the order (Total Amount Due) has already occurred, the Company , without prejudice to your right to compensation for damages, will reimburse the Total Amount Due in accordance with the “Terms of Payment” article below.

5.7 Without prejudice to your rights referred to in the preceding articles, in the case of orders concerning a plurality of Products (Multiple Order), if the supervening unavailability concerns only some of the Products covered by the Multiple Order, the Company will immediately notify you of this circumstance . You will then be entitled to terminate the contract immediately, limited to the Product/s which has/have become unavailable, without prejudice to the right to compensation for damages, in accordance with the purposes of the provisions of art. 61, paragraph IV and V, of the Consumer Code. In the event that you exercise the right of resolution in accordance with art. 61, paragraph IV and V, Consumer Code, in relation to the Product(s) which has/have become unavailable or in any case in which the payment of the Total Amount Due has already occurred, the Company, without prejudice to your right to compensation for damages, will reimburse the amount due in relation to this/these Product/s, including delivery costs and any other possible additional costs due in specific relation to these Products (Partial Amount Due) without undue delay and, in any case, in accordance with the provisions of the article “Payment methods” below. This amount will be credited to the same payment method used by you for the purchase. Any delay in crediting may depend on the payment solution used. The resolution of the entire Multiple Order will be possible only in the case of evident and proven incidental nature of the Products covered by the Multiple Order which have become unavailable with respect to the other Products object of the Multiple Order available.

Art. 6. Information Sheet

6.1 Each product and/or service is accompanied by an information page that illustrates its main features (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the real ones due to the settings of the IT systems or the computers you use for their display. The images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be treated as indicative and with tolerances of use.

Art. 7. Prices

7.1 All the prices of the Products published on the Website are inclusive of the Value Added Tax.

7.2 The Company reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time the order is made and that any changes (increased or decreased) following the transmission of the same will not be taken in consideration.

7.3 Shipping costs, if existing, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.

Art. 8. Purchase orders

8.1 The Company will ship the Products only after receiving confirmation of the authorization of payment or the credit charge of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be construed as the time of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, on the other hand, will be transferred to you when you, or a third party designated by you and different from the carrier, will materially take possession of the Products.

8.2 The purchase contract is resolutely conditioned to the non-payment of the Total Amount Due. Unless otherwise agreed with you, the order will be canceled accordingly.

8.3 In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

Art. 9. Methods of payment

9.1 The following payment methods are allowed on the Website:

  • Payment card
  • PayPal.

9.2 The Company accepts the credit cards of the circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • American Express.

They are, in any case, indicated in the footer of each page of the Site.

The debit will be made only after (i) the data of your payment card used for payment has been verified and (ii) the issuing company of the payment card you used will have released the debit authorization.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. Therefore, the Company never has access to and does not memorize, even if you choose to store this data on the Website, the data of your payment card used to pay for the Products.

The charge will be made upon transmission of the order.

9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the www.paypal.it site where you will pay according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed between you and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Company. The latter is therefore not able to know and does not memorize in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

In the case of payment made with PayPal, the Total Amount Due will be debited to you by PayPal together with the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute that you will have to apply directly to PayPal. Any type of refund to be made under these General Conditions of Sale will be credited to your PayPal account.

Art. 10. Delivery of the Products

10.1 There are no delivery restrictions, except in the cases possibly indicated on the Site and/or in the Product Sheet.

10.2 Shipping costs are indicated on the Website and/or in the Product Sheet on a case-by-case basis.

10.3 From the date the order is sent, the Products will be delivered within 15 days. In the case of omitted indication of a specific delivery time, the delivery will take place, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and different from the carrier, enters into physical possession of the Product, the Company recommends you to check the number of Products received and the packaging is intact, not damaged, neither wet nor altered, even in the materials used for sealing and we invite you, in your interest, to indicate any anomalies on the carrier’s transport document, accepting the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is appropriate to promptly notify the Company. In any case, the application of the rules concerning the right of withdrawal (if it exists for the Product) and the legal guarantee of conformity remains valid.

10.5 You have the option to collect the Product at a collection point, based on the options and methods available on the site and/or during the purchase process, as long as this method is available for the Product selected by you. You will be promptly notified when the Product is ready to be picked up at the pick-up point of your choice. From the time of the notification you have 5 days to pick up the Product at the collection point. Unless otherwise agreed, if you do not fulfill this obligation, the purchase contract will be considered terminated by law, in accordance with and for the purposes of art. 1456 of the Civil Code. As a result of termination, the order will be canceled and the Company will reimburse the Total Amount Due paid by you, minus the shipping costs. The mere failure to collect the Product will not be considered as an exercise of the right of withdrawal in accordance with art. 52 of the Consumer Code and, consequently, will not entitle the holder to full reimbursement of the amounts paid for the purchase of the Product.

Art. 11. Right of withdrawal

11.1 If you are a consumer, you have the right to withdraw from the Product purchase contract without giving any reasons and without incurring costs other than those provided for in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

  1. in the case of an order relating to only one Product, from the day on which you or a third party, other than the carrier and indicated by you, acquires physical possession of the Products;
  2. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party ,other than the carrier and designated by you, acquires physical possession of the last Product;
  3. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

E-mail: care@veginvogue.com

Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests on you, it is in your interest to make use of a durable medium when communicating your withdrawal to the Company.

11.4 You must return the Products to the Company, using a carrier of your choice and at your own expense, without undue delay and in any case within 14 calendar days from the date on which you notified the Company of your decision to withdraw (Time Limit for Return). The time limit for the return is respected, if you send back the products before the expiry of the fourteen-day period. The Product, properly protected and packaged and, if possible, in the original packaging (the original packaging is always compulsory if the serial numbers of the products are printed), must be returned to the following address:

Veg In Vogue by Buzzi Martina

Aurisina Cave 27 / C1

34011 Duino Aurisina (TS)

For some types of products, after receiving the Cancellation Notice, the Company will communicate a different product return address. The return address will always be located in a European country.

11.5 The direct costs of returning the Products are at your expense as well as the responsibility for the transport of the same.

11.6 If you withdraw from the contract, the Company will reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of Your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the reimbursement until the Products have been received or until proof has been sent by you of having sent back the Products, if previous.

11.7 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all the accessories and illustrative sheets, with identification tags, labels and the disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suited to the use for which it is intended and free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.8 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from manipulation of the asset other than that necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct an amount equal to this decrease in value from the repayment amount. The Company will give notice of the circumstance and of the consequent decreased reimbursement amount within 5 days of the Product being received, providing, in the event that the reimbursement has already been paid, the bank details for the payment of the amount due by the user due of the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable law, it will not lead to the termination of the contract and, consequently, will not entitle to any refund. The Company will notify the user within 5 working days of the Product being received, rejecting the withdrawal request. The Product will remain with the Company at your disposal for collection, which will be at your expense and under your responsibility.

11.10 In the event that, by resorting to one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be given specific and express communication on the Site.

11.11 In the case of partial withdrawal from Multiple Orders the amount of delivery costs to be reimbursed in your favor will be quantified proportionally to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and you return the Product of the value of 150.00 Euros, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed that actually paid.

Art. 12. Legal guarantee

All Products sold on the Site are covered by the Legal Compliance Guarantee provided for in Articles 128-135 of the Consumer Code (Legal Guarantee).

To whom it applies

The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to their entrepreneurial, commercial, craft or professional activity.

When applied

The Company is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this test, to keep the purchase invoice or any other document that can attest to the date on which the purchase was made (for example the payment card statement) and the date of the delivery.

In the event of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other possible additional cost. In the event of a price reduction, the Company will return the reduction amount, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Company is not responsible in case of damages, of any kind, deriving from the use of the Product in an improper way and/or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.

Art. 13. Conventional Warranty of the manufacturer

13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit or compromise the Legal Warranty.

Art. 14. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

14.1 The purchase contracts concluded through the Site are regulated by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy any provisions that may be more favorable and mandatory provided for by the law of the country in which they have their habitual residence.

14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the jurisdiction of the place where the user resides or has elected domicile is competent.

14.3 According to the art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who is a consumer in accordance with art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event in which he or she has submitted a complaint directly to the Company, following which, however, resolving the dispute thus arisen has not been possible, the Company will provide information on the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (so-called ADR entities, as indicated in articles 141-bis and following the Consumer Code), specifying whether he or she intends to decide whether or not to use such bodies to resolve the dispute.

14.4 The Company also informs the user who qualifies as a consumer in accordance with art. 3, paragraph 1, letter a) of the Consumer Code, which established a European platform for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which he or she is involved.

14.5 Without prejudice, in any case, the consumer user has the right to go before the competent ordinary judge of the dispute deriving from these General Conditions of Sale, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through the use of procedures in accordance with Part V, Title II-bis of the Consumer Code.

14.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, from the Regulation (EC) n. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00. Euros The text of the regulation can be found on the website www.eur-lex.europa.eu.

Art. 15. Customer service and complaints

It is possible to request information, send communications, request assistance or make complaints by contacting the Company in the following ways:

The Company will respond to complaints submitted within 5 days of receiving them.

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