GENERAL CONDITIONS OF SALE
General Conditions of Sale
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Premises
- Pursuant to the current legislation on electronic commerce (Legislative Decree 9 April 2003, no. 70, implementing Directive 2000/31/EC) and consumer protection (Legislative Decree 6 September 2005, no. 206 - Consumer Code, amended by Legislative Decree 21 February 2014, no. 21), these general conditions of sale (hereinafter referred to as the “ Conditions ”) govern the relationships underlying distance sales contracts concluded, including through the website veronicatordi.it (hereinafter referred to as the “ Site ”), between Veronica Tordi - VAT number 04750410401 (hereinafter referred to as the “ Seller ”) and each user (hereinafter referred to as the “ Buyer ”) who browses the Site and/or intends to purchase the products made by Veronica Tordi and offered on the Site.
- The Seller has its registered office in 47842, via Bologna 29, Italy
Certified email address: veronica.tordi@legalmail.it
- The Site is the property of the Seller, who is the exclusive owner of the rights to exploit the related domain names, trademarks and distinctive signs.
- These Conditions are deemed to be fully viewed, understood and accepted by the Buyer at the time of completion of remote purchase orders also made on the Site. Failure to accept these Conditions will not allow the Buyer to proceed with the purchase of the products offered on the Site.
- The Buyer may or may not be considered a “consumer” as provided for by the aforementioned Consumer Code. Pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, “consumer” shall be understood to mean a natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity he or she may carry out.
- To purchase products, no prior registration on the Site is required.
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Object of the contract
- The products for sale are those presented, described and offered on the homepage and/or within the various web pages of the Site.
- The Buyer has the possibility of viewing, for each product of interest, the relative information sheet containing the indication of the main characteristics (materials, dimensions, weight, colour, manufacturing techniques, maintenance advice, etc.), the availability and the relative price in euros.
The images used to describe the products are intended to present them for sale and must therefore not be considered perfectly representative of their characteristics. The images published must be considered indicative within the limits of normal tolerance. The images, and in particular the colouring, of the products may also not have a full real correspondence due to the graphic settings and technical characteristics of the devices or computer systems used by the Buyer to view the Site.
- At any time the Seller may proceed, without notice, to remove and/or modify the products present on the Site without this entailing any liability towards the Buyer. For the purposes of the purchase, the description of the products contained in the purchase order will be valid.
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Methods of concluding the contract
- To make and complete the purchase of products via the Site, the Buyer, following the electronic procedure provided therein, must:
- select one or more products of interest by adding them to the cart or clicking on the “buy now” button;
- proceed with immediate payment by selecting one of the quick checkout systems (Shop Pay, Pay Pal or G Pay) or, alternatively, proceed with the purchase as a registered or unregistered user of the Site by filling in the order form in electronic format by entering your personal data and the information necessary for shipping;
- indicate the shipping methods and accept the indicated costs;
- select the desired payment method;
- after viewing the order summary, with the possibility of modifying it, as well as after accepting these Conditions and the Privacy Policy, arrange payment and send the order to the Seller.
- The contract between Buyer and Seller is deemed to be perfected following acceptance of the purchase order by the Seller and receipt by the Buyer of a communication confirming the order to the email address provided during the online procedure provided by the Site. Confirmation of the order is subject to verification by the Seller of the validity of the payment made by the Buyer.
- The order confirmation communication contains a summary of the data provided by the Buyer at the time of purchase, the order number, the products purchased and their price, the amount of any shipping costs and the address indicated for this purpose, a link to view and possibly print a copy of these Conditions.
- Without prejudice to the right of withdrawal referred to in the following article 8, where applicable, the Buyer is required to verify that the data reported in the order confirmation communication correspond to what he indicated during the purchase procedure, and to immediately communicate any discrepancies to the Seller. In the event of failure to communicate, the Seller will proceed with the shipment and/or delivery of the purchased products as per the data reported in the order confirmation communication.
- If the products selected by the Buyer are not available for purchase, the Seller will inform the Buyer who will have the right to request cancellation of the order and obtain a refund of the amounts paid to the Seller. The timeframes for receiving the refund from the Seller may vary based on the payment method chosen by the Buyer when completing the purchase order. As an alternative to the refund, the Buyer may be offered the option of replacing the unavailable products with other different products, subject to adjustment in favor of or at the expense of the Buyer, depending on the case, if the price is different.
- At the time of purchase, the Buyer declares to be of age and guarantees the truthfulness of the data provided, exonerating the Seller from any liability arising from the impossibility of fulfilling the obligations arising from the concluded contract. The inaccurate or incomplete indication of the data provided by the Buyer, as well as the negative outcome of the payment made by the Buyer, will not entail for the Seller the obligation to follow up on the order received until subsequent rectification has occurred.
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Prices and payment methods
- The prices of the products indicated on the Site are inclusive of VAT and do not include any shipping and/or delivery costs which remain the responsibility of the Buyer.
- Shipping and/or delivery costs may vary depending on the shipping and/or delivery method chosen by the Buyer (where available), the type of packaging required by the characteristics of the products purchased, as well as the place of delivery. Shipping costs do not include any taxes and customs duties applied to shipping by virtue of the legislation of the country in which delivery is requested and which, where applicable, will always be the sole responsibility of the Buyer.
- Payment for products and related shipping costs can be made using the following payment methods and systems provided on the Site, including, for example: credit card, cash on delivery, bank transfer, Pay Pal and Shop Pay.
The Site indicates whether the payment method chosen by the Buyer is free or not, quantifying any applicable costs to be borne by the Buyer depending on the payment method chosen.
Depending on the payment system chosen, the Buyer may be automatically redirected to the relevant website, where he/she will pay for the products following the indicated procedure and in accordance with the terms and conditions of the contract agreed between the Buyer and the system manager. The data entered on the websites of the various payment systems will be processed directly by the relevant managers, and will not be transmitted or shared with the Seller. The latter, in this case, will not collect or store in any way the data provided by the Buyer directly to the payment system websites.
- At any time the Seller has the right to modify the prices of the products offered on the Site and/or within the various web pages of the same. Billing always occurs on the basis of the prices indicated on the Site at the time of completion of the purchase as well as in the order confirmation communication sent by the Seller to the Buyer.
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Shipping and delivery of products
- If the place of delivery is located in the Italian national territory, the purchased products will be delivered to the address indicated by the Buyer during the purchase procedure approximately within 5/6 working days from the date of receipt by the Buyer of the order confirmation communication, unless otherwise agreed between the Seller and the Buyer and/or in the event of force majeure as per article 10. Delivery times for shipments abroad may vary depending on the country and place of destination.
- Shipping costs, entirely borne by the Buyer, are additional to the price of the products purchased and are fully indicated at the time the order is prepared and upon receipt of the order confirmation.
- In the event of withdrawal or termination, the shipping costs incurred for the purchase will be fully refunded to the Buyer together with the price of the product.
- Upon delivery, the Buyer undertakes to carry out all necessary checks to detect any discrepancies in the quantity of the products delivered or imperfections or defects in the packaging or non-conformity of the products received with respect to what is indicated in the relevant order confirmation.
- If at the time of delivery any defect and/or non-conformity is detected pursuant to the previous article 5.4, the Buyer undertakes to: (a) report such defects and/or non-conformities to the Seller and have them noted on the delivery note; (b) have the Delivery Person countersign such note; and (c) keep a copy of the countersigned receipt. Following such report, the provisions set forth in the following article 6 shall apply.
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Warranty and compliance
- In compliance with the provisions of current national and European legislation on consumer protection, the Seller guarantees the conformity of the products to those described on the Site.
- The Seller guarantees the accuracy of the information provided in the information sheet relating to each product for sale on the Site.
- The Seller is liable to the Buyer for any lack of conformity of the products existing at the time of delivery, pursuant to art. 129 of the Consumer Code, and which becomes apparent within 2 (two) years of such delivery, provided that the Buyer has reported it to the Seller within 2 (two) months of the date on which it was discovered, under penalty of forfeiture.
- The report to the Seller must be made by sending a communication to the email address: vero@veronicatordi.it
- In order to benefit from the legal guarantee, the Buyer must contact the Seller and follow the procedure indicated, providing proof of the date of purchase, delivery of the product, existence and date of verification of the defect. To this end, the Buyer must retain for the entire period of validity of the guarantee the communication confirming the purchase order, the purchase receipt and any document certifying the date of delivery of the product.
- The lack of conformity exists when the purchased product (i) is not suitable for the use for which goods of the same type are normally used and/or (ii) is significantly different from the description on the Site, without prejudice to the provisions of Article 2.2.
- In the event of a lack of conformity duly reported within the terms set out above, the Buyer has the right:
- primarily, to free replacement;
- secondarily, to the reduction of the price or to the termination of the purchase contract, at its discretion, in the event that the replacement is impossible or excessively onerous. However, it is not permitted to terminate the purchase contract if the lack of conformity is of minor importance and it was not possible or, if possible, it was excessively burdensome to pursue the remedies referred to in this article 6.7 letter a).
- Pursuant to and for the purposes of the previous article 6.7, the Buyer acknowledges that the requested remedy is considered excessively burdensome if it imposes unreasonable costs on the Seller in comparison with alternative remedies that may be pursued, taking into account: (i) the value that the product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be pursued without significant inconvenience for the Buyer.
- In any case, by way of example and not exhaustively, the Buyer is not entitled to the remedies provided for in the previous article 6.7 if:
- the product has been altered;
- the defects in the product are due (in whole or in part) to: (i) improper use of the product by the Buyer; and/or (ii) incorrect storage of the product, also in reference to the information on use and maintenance provided by the Seller;
- at the time of conclusion of the purchase, the Buyer was aware of the lack of conformity of the product and/or could not ignore it with ordinary diligence;
- the product has not been correctly packaged and/or in any case the Buyer has not complied with the provisions set out in article 8.3 b).
- In light of the checks carried out by the Seller on the documentation referred to in the previous article 6.5 and in the event of the defect being ascertained by the Seller, the remedy requested by the Buyer pursuant to the previous article 6.7 must be satisfied within 60 days from the date of receipt of the complaint.
- The provisions on the guarantee for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations apply to the Buyer who does not have the qualification of a consumer.
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Seller's Responsibility
- The Seller undertakes to do everything in its power to continuously supply the products offered on the Site. The Seller is not responsible for any disruptions and/or failure to supply the products offered on the Site attributable to force majeure or unforeseeable circumstances, as per Article 10, including those resulting from malfunctions and interruptions of the Internet, in the event that it is not possible to execute the purchase order within the timeframes indicated in these Conditions.
It is understood that the continuation of a situation of force majeure for more than 90 days will allow the Buyer to withdraw from these Conditions and/or from any sales contracts in progress, without prejudice to the fact that no compensation or indemnity will be due by the Seller, with the exception of the reimbursement of the price and shipping costs incurred by the Buyer and which will take place according to the payment methods chosen by the Buyer at the time of completing the purchase order, without prejudice to any different agreement between the Seller and the Buyer.
- The Seller guarantees the conformity of the products, based on their type and characteristics, to the safety standards established by current national and European legislation. The Seller declines all liability arising from damages, even indirect, to people and/or things that could be caused by the products and/or arising from their use other than their normal intended use.
- The Seller is also not responsible for delays and/or damages that may arise to people and/or things from the execution of shipping and/or delivery services.
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Right of withdrawal
- Pursuant to art. 52 of the Consumer Code, the Buyer who is a consumer is recognized with the right to withdraw from the contract, without the application of any penalty and without any obligation to specify the reason, within 14 days from the date of delivery of the products. The date shown on the delivery note is full proof of receipt.
- In order to exercise the right of withdrawal, the Buyer is required to communicate to the Seller his intention to withdraw from the contract, by means of a written communication to be sent to the email address vero@veronicatordi.it , within the expiry of the withdrawal period indicated above.
- In case of exercising the right of withdrawal:
- pursuant to art. 57 of the Consumer Code, the Buyer is required to return the goods received to the Seller within 14 days from the date on which he communicated to the Seller his intention to withdraw from the contract.
- The products must be returned intact, in their original packaging. The return shipping costs remain the responsibility of the Buyer.
- As a result of exercising the right of withdrawal, the Buyer is entitled to a free refund of all sums paid to the Seller. The refund will be made by the Seller using the same means of payment chosen by the Buyer at the time of completing the purchase order, without prejudice to any other agreement between the Seller and the Buyer.
- The Seller will make the refund within 14 days from the date on which the Buyer informed him of his intention to withdraw from the contract.
- The Seller has the right to suspend the refund until receipt of the returned products or until the Buyer has demonstrated that he has sent the products back.
- If the right of withdrawal is not exercised by the Buyer in compliance with the provisions of the law, the contract cannot be considered terminated and the Buyer will not have any right to obtain reimbursement of the sums paid to the Seller.
- The valid exercise of the right of withdrawal terminates the obligations of the Seller and the Buyer to execute the contract of sale of products.
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Exclusions to the right of withdrawal
- Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the case of the supply of products packaged to measure or personalized, of sealed products that are not suitable for return for reasons of hygiene or related to health protection that have been opened after delivery, of products that risk deterioration or rapid expiration.
- The Buyer is informed that products made on request, based on the Buyer's indications, and having characteristics (for example: colour, size, shape, materials, etc.) that differentiate them from the products usually offered on the Site as they constitute alternatives not contemplated in the catalogue by the Seller, are to be considered tailor-made or personalised.
- Force Majeure
Except as may be otherwise provided in these Conditions, if the Seller is unable to fulfill its contractual obligations, including, in particular, to ensure the operation of the Site and/or the purchase of products, due to fires, wars, strikes, embargoes, government regulations or other civil or military authorities, omissions and negligence of carriers or suppliers (including, by way of example, third parties responsible for ensuring the operation of the Site), vandals or hackers, failures or malfunctions of third party networks, telecommunications equipment, websites, software and hardware or other technologies of the Buyer, epidemics, pandemics and any measures to suspend commercial activities and transport issued by competent authorities, and any other circumstance or event beyond the reasonable control of the Seller, the period for the performance of the services covered by these Conditions will be extended by the period of delay or impossibility to fulfill due to the specific causes of Force Majeure.
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Applicable law and competent court
- These Conditions are governed by Italian substantive law, excluding any reference to different national laws or international law bodies.
- For any dispute relating to these Conditions and/or to the sales contracts, including their execution, interpretation and/or termination for any reason whatsoever, the Court of the Buyer shall have jurisdiction.
- Without prejudice to the provisions of the previous article 11.2, pursuant to article 14 of EU Reg. 524/2013, and without any obligation, the Buyer may find all the useful information to access the online dispute resolution mechanisms (so-called ODR) at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- In the event of a dispute relating to these Conditions and/or to the sales and service contracts, including their execution, interpretation and/or termination for any reason whatsoever between the Seller and the Buyer who does not have the qualification of consumer, the competent Court will be determined on the basis of the provisions of the Italian Code of Civil Procedure.
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Contacts
- For any request for information or assistance and for the presentation of any complaints, the Buyer may write an email to the email address vero@veronicatordi.it
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Privacy and data processing
- The personal data provided by the Buyer at the time of purchase, including payment data, will be processed for the purposes and according to the methods indicated in the Privacy Policy adopted by the Seller and made available for consultation in the relevant section of the Site.
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Miscellaneous
- These Conditions may be modified at any time by the Seller in accordance with and in compliance with the provisions contained in the current sector legislation. Any modifications and new conditions will be in force from the moment of their publication on the Site in the relevant section where the date of last update is indicated.
- In any case, the Conditions that regulate the relationship between the Seller and the Buyer are those adopted on the date of completion of the contract as well as those indicated via link in the purchase order confirmation communication sent by the Seller to the Buyer.
- These Conditions are constituted by all the clauses that compose them. If one or more provisions should be considered invalid or declared as such under the law, or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
- For anything not explicitly indicated in these Conditions, reference is made to the Consumer Code and the Italian Civil Code.
Last updated: March 14, 2022