General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store

1 Introductory information

1.1) This section provides the necessary information in relation to purchases made on our website.

1.2) Before using this website, please examine this document, the Privacy Policy on cookies and the Privacy Policy on Data Protection.

1.3) This document is valid and governs the relationship between the user, in their capacity as consumers aged over 18 years old resident or domiciled in the territory of the Italian Republic (and their capacity to sign binding contracts) and VIME s.r.l., in relation to purchases made on the website of VIME s.r.l., which can be accessed at the web address: www.vitovi.it (the "Site" or "Website").

1.4), This document regulates purchases made by the user of the Website in their capacity as a consumer. "Consumer" refers to a natural person who is acting for purposes outside of any business, commercial, artisan or professional activity that they may perform.

The Website is dedicated to retail, and as such is intended for use by "consumers". Subjects who are not “consumers” are politely asked not to make purchases. If one or more purchases are made by a subject who does not qualify as a "consumer", the "Terms and General Terms and Conditions of use of the web site vitovi.it and purchases in the Store" shall apply but, by way of derogation from that provided: (a) the purchaser will not have the right to cancel referred to in Article 4; (b) the purchaser shall not benefit from the guarantee for the products referred to in Article 7; (c) the purchaser will not be entitled to any other protections, provided herein for the "consumer", which reflect or are in accordance with the mandatory legal provisions; (d) the sale concluded between VIME s.r.l. and the purchaser shall be governed by Italian law.

1.5) The website and the related sale of products are managed directly by VIME s.r.l., whose registered office is in Via Giovanni Pascoli no. 2, 60044 Fabriano, Italy, which can be contacted at the following telephone number: +39 0732 1913299, email address [email protected], certified email address vi[email protected] (hereinafter, "VIME" or "us"), to which any comments, suggestions, information request or complaint can be sent by the user.

1.6) In order to improve online purchases, and to receive our newsletter and any special offers reserved for registered users, the user must make a specific registration on the Site, which will result in the opening of a personal and non-transferable account to the which can be accessed via a password that the user must keep confidential and inaccessible to people other than the user. online, as well as in order to receive our newsletters and offers reserved for registered users, the user must make a specific registration on the site, which involves the activation of a personal and non-transferable account, accessible via a password that user must be confidential and inaccessible to parties other than the user himself.

1.7) VIME s.r.l. makes every effort and uses the latest technical tools to ensure that the image of the products offered corresponds to the shapes, colours, and - more generally - the original appearance of the actual products; any discrepancy found on receipt of the products, may also depend on the quality and the settings of the devices from which the user accesses to the Website or makes purchases.

1.8) VIME s.r.l. also makes every effort in order to ensure the continuity of the usability of the Website; thus premised, VIME s.r.l. will not be liable to the user or any third party for any damages arising from the use of the Website or any information contained on the Website or the products marketed through it, as well as any damage arising from it being impossible to use the Website, also arising from reasons of a technical nature.

1.9) In the case in which links to other websites operated by third parties or content from third parties are displayed on the Website, VIME s.r.l. declares not exercising any control over them and waives all liability regarding their nature, purpose and security. In particular, VIME s.r.l. waives all liability any infringements of the law or breaches of the rights of third parties that occur on these pages, as well as for damages that may occur as a consequence of accessing such third-party content.

1.10) VIME s.r.l. reserves the right to amend these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store” at any time. Any change will only be effective for purchases that are made at a later date than that on which the new version of the “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store” is published.

2) User’s commitments

2.1) By using this website, the user authorises VIME s.r.l. to process the information and personal information provided and undertakes to upload accurate and truthful personal information and data.

2.2) By browsing the Website and placing orders, the user guarantees undertaking to:

  • Only use the Website to examine the products offered and/or to place valid orders;
  • Not place orders under a false name or without any desire to buy, i.e. by using false documents or using payment methods that they do not own or are not available to them;
  • Provide their personal information (including email address, postal address and/or other contact data).

This means that, in the case of not indicating any information required, the order will not be processed.

2.3) The entire contents of this Website are the property of VIME s.r.l. (i.e. counterparties of VIME s.r.l.) and is protected by the current regulations on the subject of intellectual property, including copyright, patents, trademarks; therefore, it is forbidden for anyone to use such content, even only partially. It is therefore also prohibited to copy and/or reproduce images, including those of the products present on the Website. Breaching the laws invoked in this article may expose the offender to liability, even of a criminal nature.

2.4) The user undertakes not to use that purchased for professional business.

3) Purchasing procedure and concluding the contract

3.1) In order to be able to proceed with the purchase, the user must select each product that they intend to buy; in this way, each product will be entered in the virtual shopping trolley, which can always be reached from the space at the top right of the Website by the registered user who has logged in.

3.2) When selecting each product, the user must also select the size of the respective product. The user is recommended to carefully select the size they want, taking account of the information present in the pop-up window, accessible by clicking on the "More info" button corresponding to each product.

3.3) Once the user has selected the products they intend to buy, the user is obliged to check the accuracy of the contents of the virtual shopping trolley. In this step, prior to completing the order, the user will be able to correct any selections made previously by removing a product they do not want or increasing or decreasing the desired quantity of each product selected.

3.4) After having performed the checks referred to in Articles 3.2 and 3.3, the user will be able to proceed with the order by clicking the button "Proceed to payment", by filling in each part of the order form in accordance with the instructions that appear on the screen.

3.5) The online purchasing procedure is considered complete as soon as the customer clicks on the final order confirmation button, which will be forwarded directly to VIME s.r.l.. By clicking the "Finish and buy" button, the user sends their order, which will be forwarded directly to VIME s.r.l. and will be binding for the goods contained in the shopping trolley. The order will only be considered completed when the user’s payment has been received.

3.6) Before the user has submitted the order and made the payment, they will be asked to confirm that they have read and accepted these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store,” as well as the Privacy Policy on Cookies and the Privacy Policy on the matter of Data Protection, documents available at the same time before submitting the order via an appropriate link from which they can be saved and reproduced. In the absence of specific confirmation of having read and accepted these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store,” the order may not be validly forwarded to VIME s.r.l.

3.7) At the end of the purchase process, the user should save or print these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store” in any case, upon completion of the order procedure and receipt of payment by the user, VIME s.r.l. will send the customer the relevant order confirmation with a complete summary of the order by email, which counts as acceptance of the order and which will be followed by shipment of the products within the next two days. With the same communication, VIME s.r.l. will also send the user a link to these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store,” that the user has explicitly accepted.

4) Right to cancel and how to exercise this right

4.1) The user has the right to cancel this agreement, without having to give reasons, within fourteen days from the date of delivery of the products purchased to the user (or to the third-party person indicated by the user as the recipient of the products), by sending VIME s.r.l. a communication from the content referred to in the form provided and shown at the bottom of these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store.” Alternatively, any other explicit declaration of the decision by the user to cancel the contract will be deemed valid.

4.2) To exercise the right to cancel, the user is obliged to inform VIME s.r.l. in one of the following forms, that they can choose from:

  • by sending notice by recorded delivery letter with acknowledgement of receipt to the address Via Giovanni Pascoli no. 2, 60044 Fabriano, Italy.
  • by calling the telephone number +39 0732 1913299
  • by email to the address [email protected],
  • by certified email to the address [email protected]

4.3) In order to consider the right to cancel validly exercised, the user can simply send notice before the cancellation period expires. Since, pursuant to the legislation in force, the burden of proof concerning the exercise of the right to cancel in accordance with this article is incumbent on the user, cancelling in the forms referred to in points (a) or (d) of Art. 4.2 is requested.

4.4) Within fourteen days from the date of exercising the right to cancel, the user will be required to return the products contained in the order that is the subject of cancellation to VIME s.r.l., according to the transport instructions that VIME s.r.l. Provides via email as a result of the cancellation.

  • The products which are the subject of cancellation must be returned to VIME s.r.l.:
  • in their original packaging complete with every part;
  • intact, undamaged, unused, unwashed, but only tried on, handled and inspected for the sole purpose of identifying the nature, quality and correctness of the cut. These checks will have to be arranged by the user taking care not to soil, wear or in any way damage the products received;
  • with the security tags attached to the products.

4.6) According to that set out in Article 4.5(c), after receiving the products, the user is advised to inspect the products received without removing the security tags.

4.7) Returned products that do not comply with the requirements referred to in Article 4.5 and 4.6 will not be accepted, i.e. returned late, i.e. with respect to which cancellation has been exercised after the period defined in Art. 4.1.

4.8) In the event of a valid exercise of the right of withdrawal by the user, VIME s.r.l. will return the sums received to the user, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by VIME s.r.l.). The sums will be returned to the user with the same form of payment used by the user. The sums will also be returned to the user within the fourteenth day following the date of receipt of the notice of withdrawal; however, pursuant to current legislation (and unless the products have been returned by the user in the manner indicated by VIME s.r.l.), VIME s.r.l. may withhold the refund until it has received the goods or until the user has demonstrated that he has returned the goods (whichever occurs first).

4.9) With reference to each order, partial withdrawal is allowed under this article 4: in this case, it will have effect only for the products specifically indicated in the withdrawal notice.

5) Return due to size change of the garment bought

5.1) Without prejudice to the right to cancel pursuant to Art. 4, the user will be able to return each product purchased for a different size, without in any case involving a refund by VIME s.r.l. of the sums paid by the user to VIME s.r.l.

5.2) The right referred to in this article may be exercised by the user within seven days from the delivery of each product and will result in the shipment, by VIME s.r.l., to the user of a garment identical to that previously purchased, subject to the availability of the different size requested by the user.

5.3) With reference to the first change of size required by the user, the legal costs for returning the product will be borne by VIME s.r.l., as well as those for delivery to the user of the new size of the garment bought.

5.4) The user can ask VIME s.r.l. to perform a return for a change of size more than once; however, in this case:

  • VIME s.r.l. has the right to agree to or refuse the additional request for a size change by the user;
  • if VIME s.r.l. agrees to the additional request for a size change by the user, the costs to return the garment and those for delivering the new garment will be borne by the user.

5.5) Each request to VIME s.r.l. for a size change can be made by the user in one of the following methods, of their choosing:

  • by sending notice by recorded delivery letter with acknowledgement of receipt to the address Via Giovanni Pascoli no. 2, 60044 Fabriano, Italy.
  • by calling the telephone number +39 0732 1913299
  • by email to the address [email protected],
  • by certified email to the address [email protected]

5.6) With the notification referred to in Article 5.5, the user must indicate to VIME s.r.l.:

  • User name
  • User address:
  • Model of garment bought and the size change requested:
  • Garment received by delivery on:
  • The size of the garment to be returned:
  • The size of the garment requested as an exchange:
  • User’s signature (if the communication is sent in paper version).

5.7) This means that the right to cancel referred to in Article 4 may be exercised by the user, in any case, before and no later than the fourteenth day with effect from the delivery of the first garment to the user.

 

6) Dispatch

6.1) Deliveries are only validly performed in Italy. 

7) Guarantee

7.1) At the time of delivery, the user will be required to check that the products delivered correspond to the order and that there are no non-compliances.

7.2) The guarantee referred to in this Article 7 will only apply if the purchased product is used correctly, in accordance with the use for which it is intended and in accordance with its nature, as well as in compliance with the use and washing instructions provided.

7.3) If there is a non-compliance, the user will be entitled to return the non-compliant goods free of charge by means of a replacement or repair, without prejudice to the circumstances in which, pursuant to the legislation in force, the price can be reduced or the contract terminated (in this latter case, when determining the amount of the reduction or the amount to be refunded to the user, account will be taken of the use of the item).

7.4) The guarantee referred to in this article must be understood as being valid for any non-compliance which becomes clear by the end of two years from delivery of the goods. The user loses the rights referred to in this article, if they do not declare the non-compliance to VIME s.r.l. within two months from the date on which the defect was discovered. Direct action to enforce any product compliance must be taken within twenty-six months from delivery of the goods.

8) Shipping costs

8.1) The shipping costs will be borne by VIME s.r.l., except for:

- that set out in Article 5.4 (changes in size subsequent to the first one), as well as

- if the user selects a delivery method faster than standard offered by VIME s.r.l..

9) Payment

9.1) Payment can be made by PayPal or one of the following credit cards: MasterCard, Visa, Maestro, American Express. For more information on payment methods, please contact VIME s.r.l. at the email address [email protected]

10) Liability waivers

10.1) VIME s.r.l. does not assume any liability for disruptions due to force majeure, in the case of failing to execute the order by the deadline specified in the contract.

10.2) VIME s.r.l. will not be liable in respect of the user, except in the case of intent or gross negligence, for service issues or malfunctions related to the use of the internet outside of its control.

10.3) VIME s.r.l. will not be liable for damages, costs and losses suffered by the user as a result of the lack of performance of the contract for reasons beyond its control, with the user only having the right to a full refund of the price paid.

10.4) VIME s.r.l. will not be liable for any fraudulent or illegal use that may be made by third parties of the payment methods used by the user.

10.5) VIME s.r.l. will not be liable for any consequences resulting from a faulty product, if the defect is due to a mandatory legal requirement or a binding measure, i.e. if the state of scientific and technical knowledge when the producer put the product into circulation did not even allow the product to be considered faulty.

11) Prices

11.1) The prices on the Website are in euros and include the amount paid for VAT provided by law and any other applicable taxes.

12) Reservation of ownership

12.1) The products remain the property of VIME s.r.l. until full payment.

13) Electronic communications

13.1) The user agrees that communications relating to the contract shall be made by electronic means.

14) Data protection

14.1) The personal data collected with the forwarding of each order will be processed by VIME s.r.l. for the sale provided to the user and for actions closely related thereto, in accordance with that provided by the current regulations, as well as the information on cookies and the Privacy Policy available on the Website. Any further processing will only be carried out with the Customer’s express consent.

15) Applicable law, competent court

15.1) The sales contract concluded by these "General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store" and the related implementation are governed exclusively by Italian law.

15.2) Any disputes relating each order or purchase made on the Website as well as, more generally, regarding the application of these "General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store" will be subject to Italian jurisdiction and mandatory territorial jurisdiction of the courts of the user’s place of residence or domicile.

15.3) In order to resolve a dispute concerning the application of these “General Terms and Terms and Conditions of use of the website vitovi.it and purchases in the Store” out of court and, more generally, inherent to each order or purchase made on the Website vitovi.it, and without prejudice to the right of consumers to access ordinary jurisdiction, a complaint can be submitted online to the European online dispute resolution (ODR) platform specified at this address: http://ec.europa.eu/consumers/odr/, in accordance with the provisions refereed to in (EU) Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 concerning online dispute resolution for consumers.

16) Storing orders

16.1) Pursuant to Art. 12 of Legislative Decree No. 70/2003, VIME s.r.l. informs the user that each order will be stored in digital form on the server that hosts the Site according to confidentiality and security criteria.

Cancellation form

The user can use this form to exercise the right to cancel referred to in Article 4:

Recipient: VIME s.r.l., Via Giovanni Pascoli no. 2, 6004 Fabriano, Italy, telephone number (+39 0732 1913299), email address [email protected], certified email address (PEC) [email protected]

I/we (*) hereby communicate the cancellation of my/our (*) contract:

for the sale of the following goods*:

ordered on*/received on*:

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) only if this form is provided in paper version:

Date

_________________________

* Delete where inapplicable.