General Terms and Conditions of Sale
1. General Instructions
This on line shop, http://www.vitruviodesign.it/ (hereinafter referred to as the “Shop”) is owned by Vitruvio S.r.l., with registered office in Potenza (ITALY), Via Vienna No. 29, VAT number 01453830760 (hereinafter referred as to “Vitruvio”) is the sole and exclusive owner of any intellectual and industrial property rights, any domains, any logos, and any trademarks used to distinguish and realize the Shop and the Products (as defined below).
These present general terms and conditions of sale(hereinafter referred to as the “General Terms”) govern and regulate the contract entered into by any third party (hereinafter referred to as the “Customer”) and Vitruvio (jointly, the Customer and Vitruvio hereinafter referred to as the “Parties”) for the purchase of the furniture designed and realized by Vitruvio (hereinafter referred to as the “Products”) and available in the Shop.
These present General Terms are drafted in both English and Italian.
The Customer must carefully read terms and conditions of these present General Terms made available to said Customer in the Shop, in order to permit the Customer to memorize and reproduce these present General Terms according to the provisions of article 12 of Legislative Decree No. 70 of April 9, 2003 (Implementing the Directive No. 2000/31/CE).
Any contract entered into with Vitruvio, by accessing to the Shop, is governed by Italian law and, in particular, by Legislative Decree No. 206, of September 6, 2005 (Code for Consumers), including Chapter I of title III of part III, and by Legislative Decree No. 70, of April 9, 2003 (Implementing the Directive No. 2000/31/CE).
2. Products Availability
The Products on sale on line are subject to the actual availability of said Products at the moment the order of purchase is issued. Vitruvio reserves the right to change, at any time, quantity and/or types of Products which can be purchased in the Shop. The Customer will be promptly informed in case his order cannot be met because of unavailability of any of the ordered Products.
The prices of the Products are in € (Euros), including VAT, and excluding any other duties/taxes, if applicable.
Delivery’s costs and expenses are expressly indicated to the Customer when the Customer fills in the purchasing order’s form pursuant to section 4.2 below.
Vitruvio will regularly verify that all prices of the Products indicated in the Shop are correct, nevertheless Vitruvio cannot guarantee that the prices indicated do not contain mistakes. In case a mistake is found out in the price of one of the Products, Vitruvio will timely inform the Customer, granting to him the option of confirming the purchasing order at the correct price, or of cancelling said order, timely refunding to the Customer the price paid by the Customer.
4. Terms of Purchasing
The characteristics of the Products, and their prices are indicated in the offer of each of the Products sold in the Shop.
In order to purchase the Products, the Customer shall fill in and send to Vitruvio the purchasing order’s form in electronic format, following the instructions indicated in the Shop. In order to complete the order the Customer will have to register at the Shop filling in the compulsory data, the Customer will receive all the information concerning the treatment of personal data at the moment of registration.
After having read and accepted the delivery costs, as well as these present General Terms, the Information concerning the Privacy under Legislative Decree No. 196 of June 30, 2003 and the conditions for enforcing the right of withdrawal, the Customer will have to select the desired means of payment and forward the purchasing order’s form. By forwarding the order to Vitruvio, the Customer acknowledges and states that he read all the instructions and indications provided to him during the purchasing procedure, and fully accepted these present General Terms, also recalled by means of a link.
If the Customer so requires, following a specific procedure called the “creation of an account”, an account in the Shop will be created for the Customer.
In compliance with article 66-quarter of Legislative Decree No. 206 of September 6, 2005, the purchasing order’s form above expressly refers to Chapter I of Title III of part III, which will apply in case of purchase carried out by the Costumer Consumer (as defined below).
5. Execution of the Contract
A contract between Vitruvio and Customer must be deemed entered into as soon as Vitruvio sends to the Customer the Confirmation of the Order’s Acceptance by e-mail (as defined below), and Vitruvio has received from the Customer full payment of the price of the Products and the delivery’s costs. In no case, a contract shall be deemed entered into between Vitruvio and the Customer until Vitruvio has received from the Customer the full payment of the price of the Products and the delivery’s costs.
Vitruvio will send to the Customer together with the Confirmation of the Order’s Acceptance (as defined below) a written confirmation of the contract concluded, including all the information referred to in art. 49, paragraph 1, of Legislative Decree No. 206/2005, according to section 5.2 below.
Vitruvio will send to the Customer, by e-mail, a confirmation of acceptance of the purchasing order forwarded by the Customer, containing: the main characteristics of each of the purchased Products; the date of execution of the purchasing order; the delivery address indicated; the detailed indication of the price, including VAT; and any additional tax, if applicable; the delivery costs of the purchased Products; and the means of payment chosen by the Customer (hereinafter referred to as the “Confirmation of the Order’s Acceptance”).
In compliance with the provision of article 66-quater of Legislative Decree No. 206 of September 6, 2005, the Confirmation of the Order’s Acceptance expressly refers to Chapter I of Title III of part III, which will apply in case of purchase carried out by the Costumer Consumer (as defined below).
Vitruvio will send to the Customer together with the Confirmation of the Order’s Acceptance (as defined below) a written confirmation of the contract concluded, including: the express reference to the application of Chapter I of Title III of part III of Legislative Decree No. 206/2005, in case of purchase of the Products carried out by Costumer Consumer (as defined below); the identity of the Vitruvio such as the trading name, legal office’s address, tax and VAT numbers as well as number of enrolment with the Chamber of Commerce; the arrangements for payment and delivery of the Products; the time by which Vitruvio undertakes to deliver the Products; Vitruvio’s complaint handling policy; conditions, time and procedure to enforce the withdrawal right set forth by section 8 below; the express reference to the liability of the Customer to pay the costs of delivery to return the Products in case of enforcement of the withdrawal right according to section 8.2 below; the reminder of the existence of a legal guarantee of conformity for the Products according to section 10 below.
The Customer must, without delay, read the written confirmation of the contract concluded, verify the content of the Confirmation of the Order’s Acceptance and immediately inform Vitruvio of any mistake and/or omission in the Confirmation of the Order’s Acceptance.
In case the Customer, within 24 (twenty four) hours from the purchasing order’s forwarding, does not receive the Confirmation of the Order’s Acceptance and the written confirmation of the contract concluded pursuant to the provision of paragraph 5.2 above, he must promptly contact Vitruvio to the address: firstname.lastname@example.org.
Together with the Confirmation of the Order’s Acceptance, , Vitruvio will issue an invoice s, in relation to the purchased Products according to Legislative Decree No. 8 of March 7, 2005, and Legislative Decree No. 52 of February 20, 2004, which will be sent to the Customer by e-mail or by mail service. The invoice will be issued based on the information provided by the Customer in the purchasing order’s form. No change in the invoice will be made after having issued it.
The purchasing orders will be filed in the Shop’s database, in compliance with the provisions of Legislative Decree No. 196 of June 30, 2003, they and will be accessible in the area called “my account”.
6. Terms of Payment
The Customer can pay the price of the Products, and the relevant delivery costs by Credit Card, or Pay Pal, or Bank Transfer.
In case of payment by Credit Card, the Customer will be addressed to the website page of the bank holder or manager of the payment service “online”, where the Customer must provide his credit card’s data by means of link protected against unauthorized access, through cryptographic transfer of SSL (Secure Socket Layer) data at 128 bit. Such data are not accessible to third parties not even to Vitruvio.
Due to administrative accounting reasons, Vitruvio reserves the right of checking personal data provided by the Customer. The transaction will be charged only upon receipt of the debit authorization from the company issuing the credit card used by the Customer.
7. Transport and delivery
Due to safety reasons, the signature of a person of at least 18 years old will be required. No delivery to mail box will be carried out.
The delivery costs will be charged to the Customer, and said costs are separately indicated in the purchasing order form, and in the Confirmation of the Order’s Acceptance.
The delivery costs may change depending on the means of shipment and place of destination of the Products.
Shipments towards countries outside the European Union can be subject to import tax or customs duties. Any such amounts, determined at the moment the Products enter the place of destination, have to be paid by the Customer and they are not included in the purchasing order’s total amount.
It is under the Customer’s responsibility to pay any import tax and/or customs duties, and any other burdens applicable in the country of the destination of the Products.
The orders will be dealt with, and the purchased Products will be delivered from Monday to Friday, except the days considered holidays in Italy. Vitruvio is not responsible for unforeseeable delays, in any case, saved the events beyond Vitruvio’s control and events of force majeure, the Products will be delivered not later than 30 (thirty) days from the date the contract has been entered into.
To deliver the Products, it is necessary the presence of the Customer or a duly empowered delegate of the Customer at the address indicated in the purchasing order and in the Confirmation of the Order’s Acceptance as the delivery address.
When the carrier delivers the Products, the Customer must verify that:
(i) the number of items corresponds to the number reported in shipment documents (DDT);
(ii) the packaging is intact, neither damaged, nor wet or anyhow altered, even in the materials used to close the packaging. Any eventual damage to the packaging and/or to the Products or, any lack of compliance of the number of items in respect to the number reported in the shipment documents must be immediately declared and objected by the Customer by affixing in writing an express and specific reserve of verification on the document evidencing the delivery, submitted by the carrier to the Customer for signature. Upon signature of the document evidencing the delivery, submitted by the carrier to the Customer for signature, the Customer will be not anymore entitled to submit objections concerning the appearance of the delivered Products.
The Customer must inform Vitruvio of any defects in writing and without delay to the address: email@example.com .
In case Vitruvio cannot deliver the ordered Products because of an unexpected, even temporary, unavailability of the Products, Vitruvio will promptly inform the Customer, in any case by and not later than 30 (thirty) days from the date of receipt of the purchasing order, by e-mail. Any sum already paid by the Customer will be refund as soon as possible, and in any case by and not later than 30 (thirty) days from the date of receipt of the purchasing order.
Vitruvio will send to the Customer a confirmation by e-mail after having shipped the ordered Products.
8. Right of Withdrawal
According to article 52 of Legislative Decree No. 206/2005, the Customer Consumer (for “Costumer Consumer” is meant any Costumer natural person who purchases the Products for purposes outside the scope of any business or any professional activity eventually carried out) is entitled to withdraw from the contract without incurring in any penalty and without specifying the reasons.
In order to exercise the right of withdrawal, the Costumer Consumer must send to Vitruvio by e-mail to the following address: firstname.lastname@example.org ,
or by registered mail with return receipt to the address:
Vitruvio S.r.l., Via Vienna No. 29 – 85100 Potenza, Italy
the model withdrawal form attached hereto as schedule A, or a written notice containing:
I) the intention of the Costumer Consumer to enforce the right of withdrawal under article 52 of Legislative Decree No. 206/2005;
II) the indication of the Products for which the Customer Consumer intends to enforce the right of withdrawal;
III) the serial order’s number provided at the moment the Products were purchased;
IV) the data concerning the Customer Consumer’s bank account.
The right of withdrawal can be enforced within the term of 14 (fourteen) days from the date the Products were received, therefore, the notice shall be sent by Customer Consumer to Vitruvio by the 14 days period above .
The Customer Consumer undertakes to return the Products within 14 (fourteen) days from the date the notice of withdrawal was sent to Vitruvio at the following address:
Vitruvio S.r.l. Via Vienna No. 29 – 85100 Potenza, Italy.
The costs for returning the Products shall be fully borne by the Customer Consumer.
It is recommended to return the Products by means of an insured carrier in order to trace the shipment.
Vitruvio will not be liable for refunding the price of those Products sent back by the Customer Consumer, which have been lost, or have been stolen, or damaged, saved any other right of Vitruvio in case the Products returned by the Customer Consumer have been lost, stolen or damaged.
Vitruvio will only refund the full price, including the costs of delivery paid by the Costumer Consumer to receive the Products, of those Products which have been returned by the Customer Consumer not used, not damaged and in their original packaging.
Vitruvio will withhold the reimbursement until it has received the Products back, or until the Costumer Consumer has supplied evidence of having sent back the Products, whichever is the earliest.
Upon completion of any refund, Vitruvio will send to the Customer Consumer a confirmation by e-mail.
Vitruvio reserves the right to reject the return of those Products which do not comply with the requirements set forth by this present section 8.
This section does not apply, then no right of withdrawal is recognized, in the case of purchase carried out by the Customer No Consumer (for “Customer No Consumer” shall mean any natural or legal person who buys goods in the course of its business activities or profession).
9. Order Cancellation / Modification
In case the Customer intends either modify, or cancel the purchasing order, said Customer must promptly send an e-mail to the address: email@example.com . Vitruvio will do everything possible to meet the Customer’s request. However, once the Products have been shipped, the purchasing order cannot be cancelled or modified, saved the provision established by the previous section 8 in relation to the Customer Consumer’s right of withdrawal.
10. Warranties, Lack of Conformity, Claims
Pursuant to the Legislative Decree No. 206/2005, Vitruvio releases a warranty on the Products in case the Products do not comply with the qualities provided for by the contract of sale in accordance with the applicable law.
If the Products sold by Vitruvio have defects, or deformities, the Customer must immediately contact the customers’ service, in any case by and not later than 60 (sixty) days from the date the Products were delivered at the address firstname.lastname@example.org, attaching to the notice the evidence of the purchase. Vitruvio, in agreement with the Customer, will replace the defective Products, or refund the price, informing the Customer on the relevant procedures.
If the Customer is not fully satisfied, or if there is a discrepancy between the delivered Products and those indicated in the purchasing order placed by the Customer, the Customer must hold all the papers concerning the single Products and the Products in its original packaging and immediately contact Vitruvio by e-mail at the following address: email@example.com .
Vitruvio, in agreement with the Customer, will replace the relevant Products, or refund the price, informing the Customer on the relevant procedures.
The rights established by article 130 of Legislative Decree No. 206/05 are hereby acknowledged to the Customer Consumer, any said rights must be exercised according to the terms set forth by article 132 of the same Legislative Decree No. 206/05
11. Liability for Products
The provisions of the Directive No. 1999/34/CE, concerning the damages caused by the Products, are hereby recalled.
Vitruvio declares and warranties that the Customer’s personal data will be treated in compliance with Legislative Decree of 30 June, 2003 No. 196, as subsequently amended. All the details concerning the procedures of the data treatment are disclosed to the Customer at the moment of the Customer’s registration under the previous section 4.2.
13. Errors and inexactnesses
Vitruvio aims at giving on the Shop constantly updated information. However, it is not possible to guarantee that the Shop does not contain any mistake. The Shop could present errors, inexactnesses or omissions, some of which could refer to the Products’ price and the availability of the single Products, and to the information schedule of the Products. Vitruvio reserves the right to rectify any errors, inexactnesses or omissions, even after a purchasing order has been forwarded, and the right to amend; or update the information at any time, without any prior notice, saved the Customer’s right of cancellation established by the previous section 3.2.
14. Guarantee of Authenticity
The original Products bearing Vitruvio trademark are sold in Internet exclusively through the site http://www.vitruviodesign.it/
15. Intellectual Property
All intellectual and industrial property rights, domains, trademarks, logos, used to realize, mark and distinguish the Products and the Shop belong exclusively to Vitruvio. No page or content of this Shop can be reproduced, transferred, modified, linked and used for advertising and/or commercial purposes, without the previous written consent of Vitruvio.
16. Governing law, Disputes settlement, Place of jurisdiction
The conditions for accessing to the Shop are governed by Italian law and must be construed according to Italian laws. Italian law shall govern the contract of sale entered into by and between Vitruvio and the Customer.
Any claim arising out from and/or connected to these General Terms, the contract of sale entered into by and between Vitruvio and the Customer, the access to the Shop, the surfing or the use of the Shop, is subject to the exclusive jurisdiction of the Tribunal of Potenza, saved the rules applying to the Customer Consumer.
17. Resolution of disputes on-line for consumers
Consumers resident in Europe must be aware of the fact that the European Commission has established an on-line platform providing an alternative tool for the resolution of disputes. This tool can be used by European consumers to settle disputes relating to and/or deriving from contracts of sale for goods and service concluded on the web out of court. Consequently, European consumers may use this platform to settle any disputes arising from the on-line contract concluded with the Vendor. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.
For further information and assistance on the Shop or the procedure to purchase online, the Customer can contact Vitruvio to the following e-mail address firstname.lastname@example.org . The same e-mail address email@example.com. can be used by the Customer to request technical assistance
Schedule – A: Model Withdraval Form
– according to article 49, paragraph 1, letter h) –
(fill in and return this present form only if you wish to withdraw from the contract)
– Address: Vitruvio S.r.l., via Vienna n. 29 – 85100 Potenza, Italia, fax No. [+39 0971 443368], tel. No. [+39 0971 443368], e-mail firstname.lastname@example.org
– I/we (*) hereby notify that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
– Ordered on (*)/received on(*):
– Name of the consumer(s) (*):
– Address of the consumer(s) (*):
– Number of the bank account of the consumer(s) (*):
– signature of the consumer(s) (*)(only if this form is notified on paper)