Terms and Conditions of Sale
SHIPMENTS AND RETURNS
TOTAL PRICE OF GOODS AND MODE ‘OF CALCULATION OF SHIPPING COSTS
The prices of the Products on sale on the Site are expressed in Euro. They may be subject to change without notice. The variations will only be effective for Orders not yet sent at the date of the variation.
The Site can be accessed from all over the world. However, Users can only ship our Products to one of the countries indicated on the Site.
Shipping costs in Europe are borne by the Seller.
All orders placed on the Site are shipped via DHL courier from our headquarters in Italy.
Items are shipped in 1/2 days, from Monday to Friday, starting from the Order confirmation. We do not ship on the following holidays:
January 1st: New year’s day
January 6th: Epiphany
Easter period: from the Thursday before easter to the Monday after easter
April 25th: Italian liberation day
May 1st: Labour day
June 2nd: Italian Republic day
August 15th: Feast of Mid-August
September 19th: Feast of San Gennaro patron saint of Naples
November 1st: Feast of all saint
December 8th: Immaculate Conception date
December 25th: Christmas day
December 26th: Saint Stephan
As required by customs procedures, all shipments to countries outside the European Union are accompanied by an invoice stating the value of individual items.
All customers who place an order establish a commercial relationship with A.V. Shirts s.r.l.. Therefore, they undertake to accept the delivery of their package. If the package is not delivered for reasons dependent on the customer (wrong address, recipient always absent, incorrect telephone number, etc.) or if the customer refuses delivery, the shipping costs and any customs fees will be deducted from the refund due to the Customer.
SHIPPING TIMES AND COSTS
The delivery to the address indicated in the Order Form of the purchased Products will take place (starting from the order confirmation) with times and costs depitected in the table below:
USA – UK
REST OF THE WORLD
The Seller is not responsible for delays due to customs operations and controls due to force majeure beyond Seller’s direct control.
RIGHT OF WITHDRAWAL
The Customer has the opportunity to exercise the right of withdrawal, i.e., to decide to return the ordered Products to the Seller, within 14 calendar days from delivery (or from the delivery of the last item, in case of separate deliveries).
The Seller is not obliged to reimburse additional costs, if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
In the case of withdrawal made by Courier, the Seller may withhold reimbursement until it has received the goods or until the Customer has demonstrated that he/she has returned the goods, whichever situation occurs first.
In order to exercise the right of withdrawal, the Customer may send an explicit statement via the contact form or to the email address firstname.lastname@example.org , of his decision to withdraw.
Following the provisions of the preceding point, the customer will receive an email confirming the exercise of the right, containing instructions for the return any Products received, to be sent no later than the next 14 days to:
Via M.Recanati, 99, 80046 – San Giorgio a Cremano (NA)
In case of withdrawal, the Customer will be refunded the payments he/she made, including delivery costs (INCLUDING ITS OWN CHARGE EXCEPT FOR DEFECT) (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered as noted above), without undue delay and, in any case, no later than 14 days from the exercise of the right of withdrawal. Refunds will be made using the same means of payment used by the consumer for the initial Order.
This is without prejudice to the Customer’s right to request a refund by a different means of payment. In this case will be borne by the customer any additional costs arising from the different means of payment.
The refund may be suspended until receipt of the goods or until the consumer has demonstrated that he has returned the goods, if earlier.
The right of withdrawal is excluded for all categories of goods included in art. 59 of the italian Consumer Code and, specifically, for the following goods:
– goods made to measure or clearly personalized;
– items to which the label has been removed;
– underwear and beachwear items from which the anti-use tag and/or the hygienic strip and/or the label have been removed. Underwear and beachwear must be tried on with your own underwear. It is not allowed to remove the applied hygienic strip. In order to better protect consumers and in compliance with the rules and requirements of hygiene and health, in the event that the antiuse tag and / or hygienic strip and / or label has been removed, it will not be possible to accept returns of such items, which will be returned to the customer;
TERMS AND CONDITIONS OF SALE
Products: means the goods offered for sale and described within the Site.
Site: means the web domain www.lucavitabile.it and all subdomains connected to it. Any link within the pages of the Site that doesn’t refer to www.lucavitabile.it is excluded from the definition “site”, and the Seller is not responsible for them.
Order/Contract: means the Purchase Order through which the Customer authorizes the Seller to deliver the ordered goods at the pre-established sale price.
Order Confirmation: shall mean the MAIL with which the Seller confirms the Purchase Order placed by the Customer through the Site.
Consumer/Customer: with these terms, it is intended any physical person that effects purchases for extraneous purposes to the entrepreneurial, commercial, handicraft or professional activity eventually carried out.
Seller: for “us” and “the Seller” means the company A.V. Shirts s.r.l, WITH HEAD OFFICE IN VIA M.Recanati, 99, 80046 – San Giorgio a Cremano (NA), P.Iva 05133351212
You: means you, our Customer.
These Conditions of Sale set out the terms and conditions that will apply to the purchase of Products through the Site. Please read the Conditions of Sale carefully before placing an Order. When placing an Order through the Website, by confirming that you have read and accepted the Terms of Sale, you declare your unconditional acceptance of the terms and conditions set out below.
In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
The purchase of Products on the Site is reserved exclusively for consumer customers. The term “Consumer” means any natural person who makes purchases for purposes unrelated to the entrepreneurial, commercial, craft or any professional.
Subjects that are not Consumers are invited to don’t execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply, but, as an exception to what is provided for in the same:
a) the Professional will not have the right of withdrawal;
b) the Professional cannot benefit from the guarantee on the Products;
c) to the Professional will not be recognized any other protections, if any, provided for herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
d) the contract of sale concluded between the Seller and the Professional will be governed by Italian law, with the exclusion of the Vienna Convention of 1980.
The terms with a capital letter used in these Conditions of Sale must be understood according to the meaning established below in the “Definitions” section of this document.
Together with your Order Confirmation, these Terms of Sale represent the contract for the supply of Products between you and us. No other terms or conditions shall apply. The Contract shall not be subject to any variation except as we may agree in writing or by e-mail.
A copy of these Terms of Sale may be stored electronically or printed by all users of our Site.
IDENTITY AND CONTACT DATA
A.V. Shirts s.r.l, WITH HEAD OFFICE IN Via M.Recanati, 99, 80046 – San Giorgio a Cremano (NA) P.Iva 05133351212.
Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contacts and in the manner indicated on the Site and at the e-mail address……………………………
MAIN CHARACTERISTICS OF THE GOODS
The characteristics of the products sold on the Site are described within the same. The Products are sold according to the Conditions of Sale published on the Site at the time the Order is sent by the Consumer Customer, excluding any other condition or term.
The Seller undertakes to make every reasonable effort to ensure that the prices and information relating to the Products on sale on the Site are updated and correct. However, it is not guaranteed or warranted that every Product is available for purchase through the Order.
The Seller reserves the right at any time and without notice to you to make changes to the information about the Products displayed on the Site regarding the description, availability or pricing of any Products for which you have received an Order Confirmation.
Changes to these Terms and Conditions of Sale will apply only to sales made on or after that date.
SELECTION AND PURCHASE PROCESS
Products are offered to the public on the Site. The Customer selects the Product and to execute the purchase he/she inserts it in the virtual cart through the button “add to cart”.
Once the virtual cart is opened, the Customer will select “go to check out”. The Consumer will be asked to provide his data in order to complete the Order and allow the completion of the contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available.
Subsequent to the sending of the Order through the above mentioned procedures, the Consumer will receive from the Seller, at the e-mail address declared by the Consumer to the Seller at the time of the transmission of the Order, an e-mail of acceptance of the Order containing the summary of the Order made and the description of the characteristics of the Product ordered. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the following Order Confirmation from the Seller to the Consumer.
If during the procedure of selection of the Products on the Site previously indicated, the Consumer detects that the price of one or more of the Products that he intends to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem occurring on the Site, he is requested not to complete his Purchase Order and to report the aforementioned technical error to the Seller, sending an e-mail to the address email@example.com .
METHODS OF PAYMENT
The Customer can pay the Order through different methods listed below:
Credit card, PayPal.
At the time of purchase, Customers enter their credit card details in a secure electronic banking system provided by STRIPE.
By choosing the method of payment PayPal (www.paypal.it) the Customer can pay directly through his PayPal account.
The Seller reserves the right to ship the goods only to the address indicated on the account verified by PayPal.
We would like to remind our new Customers that the Seller may request their bank or PayPal to verify the transaction, including through contacting the Customer’s bank. The Seller reserves the right to ship the Order only to the billing address unless otherwise specified.
LEGAL WARRANTY OF CONFORMITY
The Seller warrants to the Customer that the Products will be free from defects in design and material, as well as conform to the descriptions published on the Site, for a period of 2 years from the date of delivery of the goods to the Consumer, pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 “Consumer Code”.
The application of any guarantee is excluded in case of use or washing of the Product which does not comply with the Product’s own use and with the instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, tags or labels.
The Customer has the obligation to report any defects and non-conformities within and not later than 2 (two) months from discovery, under penalty of forfeiture of this warranty, by sending an e-mail to firstname.lastname@example.org.
LIABILITY ‘FROM DEFECTIVE PRODUCT
Regarding any damage caused by defects in the Products, shall apply the provisions of European Directive 85/374/EEC and the Consumer Code. The Seller, as distributor of the Products through the Site, is free from any responsibility, none excluded and/or excepted, indicating, at the request of the damaged Consumer, the identity and domicile of the relative producer.
The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain exclusive property of and/or its assignees, and the access to the Site and/or the purchase of the Products doesn’t give the Consumer any rights on the same.
The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
APPLICABLE LAW AND JURISDICTION
Any sales contract concluded between the Seller and the Consumers pursuant to these Conditions shall be governed and interpreted in accordance with Italian law and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by inviolable provisions of the law in force in the State of the latter shall remain unaffected.
In all the other cases, the parties declare competent the Court of Naples.