GENERAL CONDITIONS OF SALE
The offer and sale of products on the website shop.vandaboutique.com are governed by these General Conditions of Sale. The Customer is required, before submitting his/her purchase order, to carefully read these general conditions of sale. Submitting the purchase order implies full knowledge and express acceptance of both the aforementioned General Conditions of Sale and of what is indicated in the Order Form. The Customer is required, once the online purchase procedure has been concluded, to print and keep these General Conditions of Sale and the relevant Order Form, already viewed and accepted.
1. SUBJECT
1.1 These General Conditions of Sale have as their object the sale of products carried out online via the electronic commerce service on shop.vandaboutique.com.
1.2 The products sold on the site can be purchased and delivered exclusively in the countries indicated in the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the Order processing procedure.
2. SUBJECTS
2.1 The products are sold directly by the company Arer Srl with registered office in Via Dante Alighieri 47 - 38066 Riva del Garda (Tn) / VAT number 02333290225 (hereinafter “vandaboutique” or “Seller”).
For any information request, you can contact shop.vandaboutique.com:
by email to the following address: arersrl@pec.trovarti.it
by phone: 0461-532577
by post to the following address: ArerS.rl Via Dante Alighieri 47 – 38066 – Riva del Garda (Tn) – Italy
2.2 The products are sold to the Customer identified by the data entered when completing and sending the Order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.3 The product offers on the dev.vandaboutique.com website are aimed exclusively at adult Customers. If you are under 18 years of age, in order to purchase on the shop.vandaboutique.com website, you must first have the consent of one of your parents or a legal guardian. Remember: this always applies, not only to our website, but to all the websites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear about, always ask your parents for help. By placing an Order through this website, you guarantee that you are of legal age (18 years of age) and that you have the legal capacity to enter into binding contracts.
2.4 The Customer is prohibited from entering false and/or invented and/or imaginary names in the online Order procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.5 Furthermore, by accepting these Conditions of Sale, the Customer exempts the Seller from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided when placing the online Order, the Customer being solely responsible for their correct insertion.
3. SALE THROUGH ELECTRONIC COMMERCE SERVICE
3.1 By online sales contract we mean the distance contract having as its object the sale of movable goods (hereinafter Products) stipulated between the Customer and Arer Srl, as Seller, within the scope of an electronic commerce service organised by the Seller who, for this purpose, uses the distance communication technology called Internet.
3.2 To conclude the purchase contract for one or more Products, the Customer must complete the Order form in electronic format (hereinafter the Order) and send it to the Seller via the Internet following the relevant instructions.
3.3 The Order contains:
a reference to these General Conditions of Sale;
information and images of each Product and the relative price;
the means of payment you can use;
the delivery methods of the purchased Products and the related shipping and delivery costs;
a reference to the conditions for exercising your right of withdrawal;
the methods and times for returning purchased products.
3.4 Although shop.vandaboutique.com constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer you are using. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations have a merely illustrative function.
3.5 Before concluding the contract, the Customer will be asked to confirm that he has read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form sent by the Customer via the Internet, after verifying the correctness of the data relating to the Order itself.
3.7 The language available for concluding the contract with the Seller is Italian and the applicable law is Italian law.
3.8 Once the contract has been concluded, the Seller will take charge of the Order for its fulfillment.
4. ORDER EVASION
4.1 By transmitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale.
4.2 Once the contract has been concluded, the Seller will send the Customer, by email, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The Seller reserves the right, before sending the Order Confirmation, to request further information from you via email or the telephone number indicated by the Customer, with reference to the Order sent via the Internet.
4.4 The Seller may not process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform the Customer by email that the contract has not been concluded and that the Seller has not followed up on the Order, specifying the reasons. In this case, the sum previously committed to the Customer's payment method will be released.
4.5 If the products presented on the website are no longer available or on sale after the Order has been sent, the Seller will inform you promptly and in any case within thirty (30) working days from the day following the day on which the Customer has sent the Order to the Seller, of the possible unavailability of the Products ordered. In this case, the sum previously committed to the Customer's payment method will be released.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item.
4.7 shop.vandaboutique.com reserves the right to refuse orders from a Customer with whom there is an ongoing legal dispute relating to a previous Order. This applies equally to all cases in which shop.vandaboutique.com deems the Customer unsuitable, including, by way of example, the case of previous violations of the conditions of the contract for online purchases on the Site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
5. SELLING PRICES
5.1 Unless otherwise indicated in writing, all prices of the Products and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time of transmission of the Order via the Internet. The prices of the Products and shipping and delivery costs may vary without prior notice. Therefore, make sure of the final sale price before sending the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs connected to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges.
5.3 These costs are therefore borne by the Customer and must be paid directly upon delivery of the Products, according to the instructions specified in the Order Confirmation.
6. PAYMENT METHODS
Payment for the price of the Products and the related shipping and delivery costs may be made using the methods indicated in the Order form on the shop.vandaboutique.com website and which are summarised below.
6.1 Bank transfer
6.1.1 For online orders on our site we accept advance bank transfers. Payment must be made within and no later than 5 working days following the Order confirmation, otherwise the contract must be considered automatically terminated and ineffective and the Customer will receive an email canceling the Order. The products will be shipped only after shop.vandaboutique.com sees the credit displayed on its current account.
6.1.2 The reason for the transfer must indicate the following data:
Name and surname of the person who placed the Order
Order Number
Order Date
6.2 Credit cards and prepaid cards.
6.2.1 For online orders on our site we accept payments by credit card or prepaid cards (for example, PostePay), without any additional charge on the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of the Order of the Products purchased online and that the name on the credit card must be the same as that indicated on the billing information. In the absence of these conditions it will not be possible to proceed with the Order.
6.2.2 At the time of online purchase, at the same time as the Order Confirmation, the reference banking institution will only make the commitment of the amount relating to the Order from the available funds on the Customer's credit card. The amount will actually be charged to the credit card only at the time of shipment of the purchased products.
6.2.3 If, once the package with the Order has been received, for any reason the Customer intends to avail himself of the Right of Withdrawal, following the payment of the Products purchased online, the Seller will instruct the banking institution to credit the amount to be refunded directly to the Customer's credit card.
6.3 Paypal.
6.3.1 If the Customer has a Paypal account, shop.vandaboutique.com offers the possibility of making payments directly using the email address and password with which the Customer registered on www.paypal.com.
6.4 At no time during the purchase procedure will shop.vandaboutique.com be able to access the information relating to the Customer's credit card (for example, the credit card number or its expiration date), transmitted via a connection protected by an encrypted protocol directly to the site of the entity that manages the electronic payment (bank or Paypal). No computer archive of the Seller will store such data. In no case can the Seller therefore be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.
7. SHIPPING AND DELIVERY OF PRODUCTS
7.1 Each shipment contains:
the product(s) ordered;
the relevant transport document/accompanying invoice;
any accompanying documentation required based on the country of shipment
any information and marketing material.
7.2 Delivery of the purchased Products
7.2.1 The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping.
7.2.2 Upon receipt of the goods at your home, we ask the Customer to verify the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the Customer must have them noted and noted exactly by the courier and reject the delivery. Otherwise, the Customer will lose the possibility of asserting the rights in this regard.
8. RIGHT OF WITHDRAWAL
8.1 Only if the Customer who enters into the contract is a Consumer (this definition being understood as any natural person who acts on the site for purposes other than any entrepreneurial or professional activity carried out), will he/she have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within ten (10) working days, starting from the day of receipt of the products purchased on the website.
8.2 The return must be requested and authorized, the Customer must send a request to the address arersrl@pec.trovarti.it.
The Customer must specify in the email the codes of the items he wishes to return and the type of refund he wishes: voucher or partial refund. shop.vandaboutique.com will send a confirmation by email containing the return authorization number (RAN).
8.3 The return of items must be made exclusively through the courier specified by shop.vandaboutique.com, following the instructions received at the time of the return request. The document must be filled out as indicated in the authorization email received from the Returns department shop.vandaboutique.com.
8.4 The right of withdrawal is subject to the following conditions:
Returned Products must be returned in their entirety and not in parts or components of them, even in the case of kits;
Returned Products must not have been used, worn, washed or damaged;
Returned Products must be returned in their original packaging;
Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times;
Returned Products must be delivered to the courier within ten (10) working days from the date you received the products;
8.5 If the right of withdrawal is exercised in accordance with the previous conditions (paragraph 8.4), the Customer may request a refund or a Voucher for the value of the return. In the event of a refund, the Seller is required to make it no later than 30 days after the Seller receives the returned products. Normally, the re-crediting by shop.vandaboutique.com of the amount initially withdrawn occurs very quickly, but the time frame for the re-crediting to be actually visible on your current account will depend on the Customer's bank. If the Customer chooses the Voucher, he/she must use it strictly within 6 months of issue. The Voucher cannot be cumulated and must be used entirely in an Order of equal or greater value.
8.6 In the event of a return, the only costs borne by the Customer will be the initial shipping costs of the Order of the purchased products.
8.7 shop.vandaboutique.com undertakes to also cover the initial shipping costs of the Products exclusively in the event of damage to the Products due to transport or errors in shipping by the Seller. Only in these cases, the Seller will also refund the amount that the Customer has paid for shipping costs.
8.8 In the event of exercising the right of withdrawal without complying with the methods indicated above (e.g. beyond the 10 days required by law, or without having completed the online return form, etc.), the Seller will resend the purchased Products to you, also charging you for any additional shipping costs.
8.9 The Right of Withdrawal cannot be applied in the case of products customized upon explicit request of the Customer at the time of placing the Order.
9. WARRANTY OF NON-CONFORMING PRODUCTS
9.1 The Seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, pursuant to the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (this definition means any natural person who acts on the site for purposes other than any entrepreneurial or professional activity carried out), this guarantee is valid provided that both of the following conditions are met:
a) the defect occurs within 24 months of the date of delivery of the products;
b) the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognised by the latter;
c) is correctly requested at arersrl@pec.trovarti.it
9.3 In particular, in the event of non-conformity, the Customer who has entered into the contract as a Consumer will have the right to obtain the restoration of the conformity of the products without costs, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price.
9.4 All return costs for defective products will be borne by the Seller.
10. CONTACTS
For any information request, you can contact shop.vandaboutique.com:
by email to the following address: arersrl@pec.trovarti.it
by phone: +39 0464 551696
by post to the following address:
Arer Srl
Dante Alighieri Street 47
38066 – Riva del Garda (TN) - Italy
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits established by the Site.
12. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law or, at the consumer's choice in the event of action taken by the consumer himself, by the Court of Trento. If the Customer acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Trento.
13. MODIFICATION AND UPDATING
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale will be effective from the date of publication on the website shop.vandaboutique.com and in relation to purchase orders submitted after that date.
Information pursuant to art. 13 Legislative Decree 196/2003
Dear Sir/Madame,
We wish to inform you that Legislative Decree no. 196 of 30 June 2003 ("Personal Data Protection Code") provides for the protection of persons and other subjects with respect to the processing of personal data.
According to the indicated legislation, such treatment will be based on the principles of correctness, lawfulness and transparency and protection of your privacy and your rights.
Pursuant to Article 13 of Legislative Decree no. 196/2003, we therefore provide you with the following information:
1. The data provided by you will be processed for the following purposes: electronic commerce
2. The processing will be carried out using the following methods: computerised / manual
3. The provision of data is mandatory and any refusal to provide such data could result in the partial or total failure to execute the contract.
4. The data will not be communicated to other parties, nor will they be disseminated
5. The data controller is: Arer Srl with registered office in Via Dante 47 - 38066 Riva del Garda (Tn). At any time you may exercise your rights towards the data controller, pursuant to art. 7 of Legislative Decree 196/2003, which for your convenience we reproduce in full:
Legislative Decree no. 196/2003, Art. 7 - Right of access to personal data and other rights
1. The interested party has the right to obtain confirmation of the existence or otherwise of personal data concerning him, even if not yet registered, and their communication in an intelligible form.
2. The interested party has the right to obtain the indication:
a) the origin of the personal data; b) the purposes and methods of processing; c) the logic applied in the event of processing carried out with the aid of electronic instruments; d) the identification details of the owner, managers and designated representative pursuant to Article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, managers or persons in charge.
3. The interested party has the right to obtain:
a) updating, rectification or, when interested, integration of data; b) cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; c) certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data were communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected.
4. The interested party has the right to object, in whole or in part:
a) for legitimate reasons, to the processing of personal data concerning him/her, even if pertinent to the purpose of the collection; b) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
Arer Srl