The following general Term and Conditions of sale (hereinafter “Conditions”) apply with regard to the sale of products online through the website www.vittoriaintimo.it (hereinafter “Website”).
- About us and Contacts
1.1. Vittoria B. is a 100% Made in Italy underwear line offered by Maglificio Ma.Re. S.r.l. with registered office in Chions (PN) CAP 33083 in via Ippolito Nievo no. 27 Tax ID Code and VAT number 01035130937 (hereinafter, the “Company”). For any information and/or clarification, please contact the Company at the dedicated email address firstname.lastname@example.org, via PEC (Certified email) at the address email@example.com or via the live chat on its Facebook page.
2.1. These Terms and Conditions apply to the online sale of the Company’s products on the website www.vittoriaintimo.it (hereinafter, “Products”).
2.2. L. Decree 70/2003 on the subject of electronic commerce and L. Decree no. 206/2005 “Consumer Code” apply to the offer and online sale of the described Products.
- Protection of personal data
3.1. Maglificio Ma.Re. S.r.l. as Data Controller processes the personal data of visitors to the Website as well as of those who intend to proceed with a purchase (hereinafter, “Users”) in compliance with the General Data Protection Regulation (GDPR – EU Regulation no. 2016/679) and with the Italian Civil Code regarding the protection of personal data (Legislative Decree no. 196/2003 and subsequent amendments).
- Intellectual Property Rights
4.1. All trademarks, distinctive, figurative or nominative marks, as well as all other logos, trade names, service marks, word marks, trade designations, illustrations, photographs, images, rendering, graphic or presentation solutions and all intellectual property rights on the materials or contents displayed as an integral part of the Website are and remain the exclusive property of the Company and are protected by the laws in force on trademarks and by the related international treaties.
- Acceptance of the terms and conditions
5.1. The User is invited to carefully read this document in its entirety before purchasing the Company’s Products, as the acceptance of the Terms and Conditions implies the full understanding and approval of all the clauses contained in this document.
5.2. By accepting the Terms and Conditions, the User also guarantees to have understood their content and to have the necessary legal capacity to accept them.
5.3. In case of disagreement with one or more clauses provided for in these Terms and Conditions, the User must not proceed further and must abstain from purchasing the Company’s Products.
- Account registration procedure/User Responsibility
6.1. When the User registers a personal profile in order to use the services of the Website/fills in the appropriate form upon check-out in order to proceed with the completion of the Order, he/she guarantees:
- to be of legal age (minors are not allowed to purchase the Products on the Website);
- that he/she will not conceal his/her own identity, will not pretend to be a different person and will not use any invented identity, or pseudonym or fabricated name;
- that he/she will not use the Website and the Products offered by the Company in an illegal or fraudulent manner.
6.3. The User is solely responsible – not only for entering his/her own data, including billing data – but for all the activities carried out through the registered account, which must in no case and in no way cause disturbances or be detrimental, including to third parties, or have fraudulent/illegal purposes.
6.4. Should the User believe that his/her own account has been breached or that the access password has become known by or disclosed to third parties, the User must immediately notify the Company and will remain in any case solely responsible for the activities of the account until the moment of the communication itself.
- Browsing the website and using the services
7.1. By browsing the Website, the User expressly accepts that all the information and other communications he/she receives in electronic format from the Company satisfy the requirement of the written form.
7.2. The User is aware and expressly accepts that to complete each purchase correctly, it is necessary to strictly follow the procedures indicated in these Terms and Conditions as well as the Website’s guide to purchases. In case of any doubt, the User can consult the FAQ available here (https://www.vittoriaintimo.it/faq/) or contact the Company at the addresses detailed in point 1.
7.3. Please remember, for the User’s protection, not to save/store/enable the automatic completion of either your data or of those relating to your credit card or PayPal account.
- Conclusion of the sales contract
8.1. The contents on the Website do not constitute an offer to the public but a simple invitation to the User to formulate a specific proposal for purchasing the Products.
8.2. Once the User has identified the Products he/she is interested in and has added them to the “Cart”, he/she sends his/her proposal for the purchase by clicking on “Conclude Order” and, then, on the checkout page, on “Place Order”.
8.3. The Order is in any case subject to correctly filling in all the mandatory fields provided and to the payment of the price, the taxes and any shipping costs indicated in the checkout form.
8.4. The conclusion of the contract takes place exclusively when the Company sends an email confirming the purchase to the email address provided by the User.
8.5. The online purchase contract is therefore concluded only when the User receives confirmation of the purchase; from that moment the User’s Order is understood as effective.
8.6. The Company expressly reserves the right not to follow up and/or to reject order proposals received by communicating this to the User within 20 days from receiving the order proposal at the email address indicated by said User. In this case, the Company will refund the price and any shipping costs incurred by the User.
8.7. For assistance and further information on how to proceed with the purchase, the User can consult the FAQ prepared by the Company (https://www.vittoriaintimo.it/faq/).
- Prices and payment methods
9.1. All prices displayed on the Website are always indicated in Euro and are inclusive of VAT as applicable by law; only where expressly indicated at the time of the purchase, delivery/shipping costs or any taxes due may be added to the specified price.
9.2. In Italy, shipments relating to Orders over 50 euro are always free; for orders below this amount, the shipping cost is 5 euro.
9.3. In Europe, shipments for orders over 90 euro are always free; for orders below this amount, the shipping cost is 10 euro.
9.4. Please check, before confirming the Order, that the price indicated in the “Order Summary” corresponds to the sum of the Products selected/of interest as well as of any delivery/shipping costs.
9.5. The Products can be purchased by credit card exclusively when in the name of the User (Visa and MasterCard circuits), PayPal or by cash upon delivery of the Order directly to the courier (Cash on delivery).
9.6. The information concerning the credit cards or the PayPal accounts of the User are not disclosed or known to the Company as they are managed totally independently by the third party who manages the payment.
9.7. Therefore, the Company can in no case be held responsible for the illicit/fraudulent/incorrect use of credit cards and PayPal accounts.
9.8. The payment methods provided are always tracked, guaranteed and PCI compliant. All information entered for the purchase will be processed in compliance with the regulations on the processing of personal data. Browsing the Website is safe and certified by the Let’s Encrypt certification system.
9.9. For further information on prices and payment methods, the User can consult the specific page “Product shipping and returns” and the FAQ (https://www.vittoriaintimo.it/faq/).
- Shipping and Delivery
10.1. The Company will entrust every shipment to express couriers with proven experience and reliability. The User will receive a specific shipping confirmation email containing the link to track the order.
10.2. The shipping and delivery times communicated are estimated and therefore purely indicative: the User therefore cannot rely on these totally.
10.3. For further information on shipping times, methods and costs, the User can consult the FAQ (https://www.vittoriaintimo.it/faq/).
10.4. The commercial document/purchase invoice concerning the Order placed will be made available to the User by sending it in electronic format to the SDI – upon specific request to that effect made by the User and the correct compilation of all the required fields – or, for non-business customers, by sending the document to the contact email indicated by the User at the same time as the email confirming the purchase.
10.5. Upon receipt of the package containing the Order, the User is required to immediately check its integrity and/or any damage to the packaging. Should he/she notice any defects, the User must immediately report this to the courier who made the delivery and reject it.
10.6. Should the User not report any defects/non-compliances concerning the packet or packaging directly to the courier in charge of the shipment, he/she will forfeit the possibility to advocate his/her rights.
- Legal guarantee for non-compliant products
11.1. The Company is responsible for any defect found in the Products at the time of delivery of the goods as well as for any non-compliance with the Order placed.
11.2. The duration of the guarantee is 2 (two) years from the moment of delivery of the goods.
11.3. To take advantage of the guarantee, the User understood as a Consumer pursuant to the Consumer Code (L. Decree no. 206/2005) must submit a formal complaint regarding the defects within a maximum of 2 (two) months from the date on which the defect was found, without prejudice to any longer term provided for by the prevailing national legislation of the User’s habitual country of residence.
The complaint must also be accompanied by a copy of the sales document and the details of the Order.
11.4. Following the positive confirmation of the existence of the defect by the Company, the User will obtain the return of the amount paid for the purchase of the Products. The refund will be made through the same payment method used by the User to make the purchase.
11.5. The costs of returning defective Products will exclusively be borne by the Company.
- Right of withdrawal, return, change of size
12.1. Only the User qualifying as a Consumer pursuant to the Consumer Code (L. Decree no. 206/2005) has the right to withdraw from the purchase of the Products bought, without having to provide any explanation, within 14 calendar days from the actual time of purchase of the Products by the User him/herself, by a person he/she authorises or by the recipient indicated by him/her in the Order.
12.2. This right may be exercised by the User by sending an explicit statement to this effect, including by using the standard withdrawal form referred to in annex I, section B of the Consumer Code, by certified email to the address firstname.lastname@example.org or by registered letter with return receipt to be sent at the sender’s expense to the address indicated in point 1.
12.3. The User must then return the product for which he/she intends to exercise the right of withdrawal by sending it, duly packaged and protected at his/her own expense, to the Company at the address indicated in point 1.
12.4. Should the User exercise his/her right of withdrawal, he/she will be reimbursed for the amount paid – excluding the cost of returning the product – through the same payment method used for the purchase and within 14 days from the moment of receipt of the returned Products by the Company or from the moment in which the consumer is able to demonstrate that he/she has returned the goods, whichever occurs first.
12.5. It is not possible to exercise the right of withdrawal for Products belonging to the category of sealed goods which cannot be returned for reasons of hygiene or related to health protection.
12.6. It is in the Company’s interest to ensure the highest quality of its Products. Therefore, the User can contact the Company, using the contact details indicated in point 1. of this document, for any request for assistance, notification, request for return and/or refund.
12.7. As part of its customer satisfaction policies, the Company envisages the possibility of returning certain purchased Products.
12.8. The right to return, where available, must be exercised within 10 days from receipt of the Product, using the specific form provided by the Company, duly and fully completed in all its fields (https://www.vittoriaintimo.it/spedizione-e-resi/).
12.9. The product to be returned must be returned in its original packaging, have all the labels and must be shipped (to the location indicated in point 1.) within 30 days from its delivery, at the customer’s expense.
12.10. Before starting the refund procedure, the Company reserves the right to examine the correct completion of the return form as well as to carry out an accurate verification of the integrity of the returned product.
12.11. The Company guarantees the User a first size change of the Products free of charge. The User must duly and fully fill in all the fields in the appropriate form (https://www.vittoriaintimo.it/spedizione-e-resi/) and then send the wrongly sized product in his/her possession, duly protected and packed to the Company at his/her own expense (to the location indicated in point 1.).
12.12. The new shipment of the product of the requested size will be borne by the Company.
12.13. For further information on returns, refunds and size changes, please refer to the FAQ (https://www.vittoriaintimo.it/faq/).
12.14. In order to always guarantee the highest quality and compliance with the high hygiene standards of the Products offered by the Company, it is not possible to return or request the exchange of products belonging to the briefs and/or masks category or in any case of all those sealed goods which cannot be returned for reasons of hygiene or related to health protection.
- Limitations of liability and general provisions
13.1. The Company undertakes to ensure, as far as possible, access to the Website without interruption and that data transmissions should occur without errors; this, however, due to the nature of the Internet, cannot always be guaranteed.
13.2. Access to the Website may occasionally be suspended or limited should it be necessary to carry out maintenance operations or content innovation.
13.3. The Company cannot in any case be held liable in the event of a delay or a failure to fulfil its obligations detailed under these Terms and Conditions, including the estimated shipping times of the Products, if said delay or failure derives from unforeseeable circumstances or events or causes of force majeure.
13.4. The Parties agree that any invalidity of one or more clauses of these Term and Conditions will not affect the validity or the effectiveness of the remaining clauses, which will remain valid and fully effective.
13.5. The Company adopts every technologically possible solution to best represent the Products on the Website. The representations of the Products have a purely illustrative function and therefore the Company will not be liable in the event of any inadequacy/non-compliance of the graphic representations (e.g. slightly different colour) of the Products themselves due to technical reasons inherent to the display on the device used by the User to view the images and contents of the Website.
- Change of Terms and Conditions
14.1. The Company reserves the right to modify these Terms and Conditions at any time, including in order to offer new Products/Services and/or to comply with legal obligations.
14.2. In the event of a change to the Terms and Conditions, the User will receive a specific notification and must, if he/she intends to continue purchasing the Products offered by the Company, expressly accept the changes.
Applicable law, jurisdiction and dispute resolution
15.1. The Italian law is the only one applicable and the competent court is the Court of Pordenone, without prejudice to the possible application of mandatory rules prevailing in the User’s habitual country of residence.
15.2. Should the User qualify as a Consumer pursuant to the Italian Consumer Code, any dispute will be the exclusive competence of the Court of the Consumer’s place of residence according to the law in force.
15.3. The European Commission has established an online platform (ODR) which provides an alternative dispute resolution tool for consumers residing in Europe. This tool can be used for a non-judicial resolution of any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online. Therefore, pursuant to EU Regulation no. 524/2013, the User has the right to ask the Company for an out-of-court solution to consumer disputes through the procedure available here.
Chions, 29 May 2020