Terms and Conditions of Sale
This Website www.lucavitabile.com is owned by A.V. Shirts s.r.l., with office in Via M.Recanati, 99, 80046 – San Giorgio a Cremano (NA), VAT number 05133351212 and registration with the Register of Companies of Naples.
The Website Shop www.lucavitabile.com is dedicated to consumers, with the express exclusion of each professional Client.
Before each purchase, the Customer must carefully read the conditions below and keep a copy on paper or digital.
For the purposes of these terms of sale are meant for: Product or Products: One or more of the products promoted and available for purchase / order on the Website www.lucavitabile.com;
Customer: The purchaser of one or more Products available for purchase / order on the Website www.lucavitabile.com;
Seller: A.V. Shirts s.r.l., with office in Via M.Recanati, 99, 80046 – San Giorgio a Cremano (NA), P.Iva 05133351212
Site: the website www.lucavitabile.com ;. The Seller is in no way responsible for the purchase of Products or services present on other sites;
Order: the order of the Product or Products, made by the Customer on the Website
1. Scope of application
Each Purchase Order via the Internet is governed by these General Conditions of Sale, formulated in compliance with current legislation on contracts concluded outside commercial premises.
By submitting an Order, you declare that you have read, understood and accepted these General Conditions of Sale.
By placing an Order, the Customer declares: 1) to be a consumer in accordance with the provisions of art. 3 Legislative Decree 206/05; 2) to be of age; 3) that the data provided by the same for the execution of the Contract are correct and true; 4) to have read all the information provided to him during the purchase procedure, and to fully accept the terms and conditions indicated in the purchase procedure
The Seller reserves the right at any time to modify these General Conditions of Sale by publishing a new version on this Website. The conditions applicable to the individual Order are those published on the Website at the time the Order is placed.
2. Order procedure and conclusion of the contract
The Customer can choose the Products available within the range proposed by the Site.
The Products selected by the user, through the “Add to Cart” button, will be included in a virtual cart, and will be viewable through the “Cart” link on the upper bar on the right of the Site.
Inside the cart the Products chosen by the Customer will be displayed; by clicking on the “Checkout” button, the Site will start the procedure for the insertion of the proposed Order in the system of the Seller.
At this stage, the Customer will have the opportunity to view the quantities, final prices, contact details and any other relevant information, and to enter the personal and credit card details necessary to complete the purchase.
The Order sent by the Customer through the Site must be complete in its entirety and does not bind the Seller until the moment the latter sends a confirmation by e-mail. The Order confirmation will contain the summary of the Products purchased, the relative prices, the date of delivery and the general and specific conditions applicable to the Order itself. The Seller reserves the right, at its discretion, to refuse the execution of certain orders, in particular (but not exhaustively) in the case of unsolved precedents and unpaid invoices. In case of non-acceptance of the Order, for any reason, the Seller guarantees the timely communication to the Customer (in any case within 30 days from the Order) with the appropriate means.
3. Products – Assortment – Product Availability
The Products that can be purchased and / or ordered are those displayed on the Website, available at the time of Order.
The Seller also reserves the right to change, removing or adding Products, the choice of Products displayed on the Site at its sole discretion.
The Seller can not be held responsible for the temporary or definitive unavailability of one or more Products. In the event that it is not possible to execute the Order due to unavailability of one or more Products, the Seller will inform the Customer in writing within 30 days. The sending of the Order request is in any case valid as a preventive acceptance by the Customer of a partial or even partial delivery of the Order, limited to the Products available within the ordered ones. Obviously, no amount will be charged for the unavailable Products and in the event that such unavailability emerges after the payment, the Seller will promptly pay the sums paid in excess by the Customer, unless the Product returns later in stock and the Customer prefers to opt for a deferred delivery of the same.
4. Prices and charges to be paid by the buyer
The applicable prices for the Products ordered are those resulting on the Site on the date of transmission of the Order and are to be considered VAT included. Any promotional offers related to the Products displayed will be appropriately highlighted on the Site. Not included are the shipping costs that will be those indicated on the Site at the time of placing the Order and which will vary due to the place of delivery, weight / size of the package , as well as the entity of the Order.
Any promotions related to delivery costs will still be highlighted on the Website from time to time.
The payment of any customs duties, taxes, duties and border charges will be the sole responsibility of the purchaser.
Where the calculation of customs duties, taxes, duties and border charges can not be made at the time of purchase, the relative payment will remain in any case borne by the Customer. The Seller, therefore, can not be held responsible for the non-delivery of the purchased Product, where it is due to the non-payment of customs duties, taxes, duties and border charges.
At the time of submitting the order proposal, the Customer will pay the relative amount by means of a Credit Card (among those indicated on the Website). Payment can be made using only one type of card that covers the full amount of the purchase. Credit card details will be encrypted during transactions for security reasons. The Seller reserves the right to request additional information from the Customer (eg landline number) or to send copies of documents proving ownership of the Card used. In the absence of the required documentation, the Seller reserves the right not to accept the Order. No computerized archive of the Seller will keep such data. In no case can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of products purchased on the Website.
The invoice is issued upon specific request of the Customer formulated at the time of the Order by filling in the appropriate field. Invoices will be issued exclusively in electronic format.
In case of non-acceptance of the Order, the Seller will promptly issue the full refund of the amounts anticipated by the customers.
Unless otherwise agreed with the Customer, in case of cancellation of the Order, both by the Customer and in case of non-acceptance of the same by the Seller, will be requested at the same time by the latter cancellation of the transaction and the release of the amount committed on the Credit Card. The timing of release, for some types of cards, depend exclusively on the banking system and can reach their natural expiry date (24th day from the authorization date). Once the transaction has been canceled, under no circumstances can the Seller be held responsible for any direct or indirect damage caused by delay in the failure to release the amount committed by the banking system.
6. Delivery and shipment
The Seller reserves the right to refuse or not to execute Orders that provide for delivery to places not served by their carrier or in any case in the territories not included among those served, without prejudice to the right to the refund of any amount already paid.
For deliveries, the Seller will make use of personally selected carriers.
The Seller will not be responsible for the failed or delayed delivery in the event that: (a) is unable to compensate for the non-availability of the Products, due to circumstances not under its control and (b) has promptly notified the Customer of such unavailability of the Products .
The Seller will not be responsible for the non-delivery or delayed delivery due to force majeure, such as, by way of example, strikes, measures by the Public Authority.
The Seller will promptly notify the Customer of the occurrence and the loss of a force majeure case. If the cause of force majeure persists for a period exceeding thirty (30) days, each party will have the right to withdraw from the contract. In case of withdrawal pursuant to the above clause, the Customer will not be entitled to any indemnity or compensation for any reason, without prejudice to the right to the refund of any amount already paid, as a price, for the Product object of the Order , within thirty (30) days from the sending of the same Order.
Unless otherwise specified on the Site or at the time of Order confirmation, the delivery time of the Product purchased (if available in stock) is 48 hours from the date of the Order (if the shipment is made in one of the countries belonging to the European Union) or 72 hours in case of international delivery. These delivery times must however be considered indicative and the Seller can not in any case be held responsible for any delays.
By continuing to purchase and, consequently, by accepting the general terms and conditions of sale, the Customer waives any and all claims, requests or requests relating to any delay in the delivery of the purchased Product.
7. No delivery
If the customer is not available to collect the Product, the carrier may leave a notice with instructions to proceed with the return or collection of the shipped product. The Customer relieves the Seller from any liability deriving from the failure to return or collect the Product, even if due to the failure to issue the notice or, in any case, to the negligence of the Customer.
In the event that the delivery is not successful due to the fact attributable to the Customer (or because it is not possible to make the delivery at the place indicated at the time of Order confirmation, as long as the Customer or the person appointed by him does not have a card credit valid or large, or is unable to pay by credit card) the order will be canceled and as a penalty to the customer will be charged the cost of delivery and that of the products not further tradable.
8. Right of withdrawal
The right of withdrawal applies only to natural persons (consumers pursuant to Article 3, paragraph 1, letter a) of the Legislative Decree No. 209/2006) who act for purposes that can be considered unrelated to their business. Therefore, purchases made by persons with a VAT number (such as, for example, professionals, companies, retailers, etc.) are excluded from the right of withdrawal.
Pursuant to art. 52 Legislative Decree 206/2005 the Customer who is a consumer, as defined above, has the right to withdraw from the contract, even partially, without any penalty or increase in expenses and without having to specify the reason on condition that the withdrawal is communicated by registered letter A / R to the Seller, within 14 days from the day of receipt of the Products. This communication may also take place within the same deadline by email email@example.com. This communication must specify the intention to withdraw from the purchase and the Product or Products for which you intend to exercise the right of withdrawal, attaching a copy of the receipt or purchase invoice
The Customer must return the Product at his own expense, sending it to the Seller without delay and in any case within 14 days from the communication of his wish to withdraw from the contract.
If the withdrawal is exercised in accordance with the methods described, the Seller Srl will refund the amount paid for the purchase of the Product, less the costs of delivery, within 14 days from the date on which it became aware of the exercise of the right of withdrawal by the Customer.
The costs of redelivery of the product will remain charged to the customer.
Finally, it is specified that, in compliance with the provisions of art. 59 of Legislative Decree 206/2005, the right of withdrawal is not allowed in the case of tailor-made or customized goods.
We will not accept the return of those Products that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.
In particular, the Customer loses the right of withdrawal if the returned goods (packaging – if not reparable – and its contents) is not complete, as well as in cases where the Seller ascertained even one of the following circumstances:
· The non-diligent use of the good that has compromised its integrity, or the use of any consumables related to the product;
· Lack of external packaging and / or original internal packaging;
· The absence of integral elements of the product (accessories, parts, etc.);
· Damage to the product due to causes other than transport, including partial or total tampering of the product or parts of it.
In case of forfeiture from the right of withdrawal, the goods will remain at the Seller’s premises, available to the Customer for collection at his expense.
9. Responsibility – Defective / non-compliant products – Legal guarantee
Where applicable, the products treated by the Site are covered by the manufacturer’s standard warranty and the 24-month warranty for conformity defects, pursuant to art. 128 ss Dlgs. 206/05.
To take advantage of the warranty, the customer must keep the proof of payment that will receive at the time of purchase.
The Seller guarantees that the Products delivered are in conformity with the contract and have been manufactured in compliance with the applicable sector regulations.
It is the responsibility of the Customer to verify the quantity and the good condition of the goods at the time of delivery, immediately highlighting any irregularities to the carrier.
At the time of delivery of the goods by the courier, in particular, the customer is invited and in any case required to check:
· That the number of packages actually delivered corresponds to that indicated in the transport document;
· That the packaging of the packages is intact in all its parts, not damaged, nor compromised by atmospheric or altered events.
Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately contested, subject to written control reserve (specifying the reason for the reservation, eg “laundry packaging”, “crushed packaging”, etc.) on the courier delivery test. Once the courier’s document has been signed, the Customer can not make any objection regarding the external characteristics of the goods delivered.
In the event that the Customer considers that the Product does not conform to what was ordered and / or purchased, or is flawed, it must immediately contact the Seller, sending a letter. A / R at A.V. Shirts s.r.l., Via M.Recanati, 99, 80046 – San Giorgio a Cremano (NA), or e-mail firstname.lastname@example.org.
The Customer must then provide for the return of the Product according to the procedures set out in the following art. 10 “Returns”.
The Seller will proceed to examine the returned Product, communicating by e-mail or telephone within a reasonable time, if you proceed to return or replace the Product (depending on the case), or in the order, to reduce the price or terminate the contract.
The repair or replacement of the item will be made as soon as possible and, in any case, within 30 days following the date on which an e-mail will be sent to the Customer confirming that the non-compliant Product will be returned or replaced.
It is understood that, once the conformity defect has been ascertained, the Seller will reimburse all costs incurred by the Customer for the return of the Product.
A minor lack of conformity for which it is not possible or it would be excessively burdensome to carry out the remedies of the repair or replacement, does not give in any case the right to terminate the contract.
In the case of exercising the right of withdrawal from the Contract within the term referred to in Article 8 above, or in case of complained defect / non-compliance of the Product referred to in Article 9 above, the Customer may return the Product by delivering it to a courier and / or at his own expense, which in case of return for non-compliance / defect of the Product will be subsequently refunded if the existence of the defect is ascertained and a warranty intervention is carried out.
The following rules must be observed for all returns by end users unless otherwise specified by the Seller:
· The shipping costs for the units sent by the Customer to the Seller are charged to the Customer (except for the subsequent reimbursement in case of warranty intervention as specified in the first paragraph);
· The Customer can send the Product to the Seller using a courier of his choice. We recommend using a method that allows you to track the shipment. The Seller is not in fact responsible for shipments for which the courier can not provide a proof of delivery remaining the shipment until the certificate of receipt by the Seller, under the full responsibility of the Customer;
· The Seller is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments; in case of damage to the goods during transport, the Seller will inform the Customer of the event, to allow him to promptly report his complaint to the courier chosen by him and obtain the reimbursement of the value of the goods. In this case, the product will be made available to the customer for his return, simultaneously canceling the request for withdrawal.
· If the Product is covered by warranty, the shipping costs from the Seller to the Customer, for Products repaired or replaced, are the responsibility of the Seller;
· In all other cases, all costs and customs fees for the shipment of material sent to and received by the Seller are charged to the Customer;
· The Seller is not responsible for any loss or damage incurred during shipment. We therefore recommend to insure the shipment;
· Shipments at the expense of the recipient will not be accepted without the prior authorization of the Seller. Shipments received from the Seller at the expense of the recipient will be returned (not repaired) with all expenses, including shipping costs for return, to be paid by the Customer.
Against the notice of withdrawal exercised according to the terms set forth in art. 8, or against the receipt of a complaint for defective / non-compliant product pursuant to art. 9, the Seller will contact the Customer within the following 48 hours, also communicating the address to which the Product must be returned and which, unless otherwise indicated, will be as follows:
High vacuum Shirts s.r.l.
Via M.Recanati, 99, 80046
San Giorgio a Cremano (NA)
We will not proceed with the return of those Products that are not in the same condition in which they were received, or that have been used beyond the simple opening of the Product.
11. Customs rules
In case of deliveries outside the national territory, the Customer will be subject to compliance with the laws and regulations in force in the country of dispatch and possibly also to the payment of additional costs of customs clearance entirely against him and of which, given the diversity of national regulations , it is not always possible to know the measure in advance.
To this end, the Customer must contact the competent Customs Office. However, the provisions of art. 4 “Prices and charges to be paid by the buyer”.
12. Applicable law and competent court
This contract is regulated by the Italian law. For any controversy that may arise in relation to the application, interpretation and execution of these general conditions, the Court of Naples – Italy will be exclusively competent, where this jurisdiction is not exceeded, in favor of the judge of the place where the Customer has his residence or domicile – if located in the Italian territory, pursuant to Legislative Decree 206/05.