GENERAL CONDITIONS OF SALE

These general conditions of sale govern all purchases of products through the website www.vestella.it and concluded between VESTELLA SRLS, with registered office at VIA ROMA 70, 00066 MANZIANA RM, VAT No. and registration number with the Register of Companies of Rome no. 16030941005 (hereinafter, “VESTELLA SRLS“) and any natural person making online purchases on the indicated website, hereinafter referred to as “Customer”, in accordance with the provisions of Legislative Decree. n. 206 of September 6, 2005, as amended (hereinafter, the “Consumer Code”).

“Customer” refers to any end user acting on www.vestella.it for purposes unrelated to his or her trade, business or profession, if any.

VESTELLA SRLS reserves the right not to process orders from parties other than the “Customer” or orders that do not conform to its commercial policy.

ARTICLE 1 – Subject of the contract

• By these general conditions of sale, VESTELLA SRLS sells and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the VESTELLA.IT website.

• The contract is concluded exclusively through the website, by means of the CUSTOMER’s access to the VESTELLA.IT address and the placing of a purchase order in accordance with the procedure provided by the website.

• The customer undertakes to read, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual and contractual information provided by VESTELLA SRLS.

ARTICLE 2 – Pre-contractual information for the consumer – Article 49 of Legislative Decree 206/2005.

2.1 The CUSTOMER, prior to the conclusion of the purchase contract, at the time of the choice of the item, shall review the characteristics of the goods illustrated in the individual product sheets.

2.2 Prior to the conclusion of the purchase contract and before the validation of the order with “obligation to pay”, the CUSTOMER is informed regarding:
– the total price of the goods including taxes, with details of shipping and any other costs;
– payment methods;
– The deadline by which VESTELLA SRLS agrees to deliver the goods;
– the conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– The existence of the legal warranty of conformity for the purchased goods;
– conditions of after-sales service and commercial guarantees provided by VESTELLA SRLS.

2.3 All information about the Seller Company and its contact details are made available to the Customer and expressly indicated on the website. Of the same, the customer can and indeed must take cognizance and knowledge before the purchase is finalized.

ARTICLE 3 – Conclusion and effectiveness of the contract.

3.1 The purchase contract is considered concluded with the sending by VESTELLA SRLS to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER’S information and order number, the price of the goods purchased (including all applicable taxes or fees), shipping charges, and the delivery address to which the goods will be sent.

3.2 The CUSTOMER agrees to verify the correctness of the personal data contained therein and immediately notify VESTELLA SRLS of any corrections. VESTELLA SRLS is not to be held responsible in any way for any inconvenience attributable to the communication of incorrect personal data by the CUSTOMER.

3.3 The CUSTOMER may cancel the order placed no later than one hour after receiving the confirmation e-mail. In the event that the CUSTOMER requests the cancellation of the order, within the above terms, VESTELLA SRLS will be obliged to refund the amount paid within 15 days from the time it has actual knowledge of the decision to cancel the contract by the CUSTOMER.

3.4 VESTELLA SRLS strives to describe and present the items sold on the site in the best way possible. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may show up. In addition, photographs of products presented on VESTELLA.IT do not constitute a contractual element, as they are only representative.

ARTICLE 4 – Availability of products

4.1 Product availability refers to actual availability at the time the CUSTOMER places the order. However, this availability should be considered purely indicative. This is because, due to the simultaneous presence of multiple users on the site, products may be sold to other CUSTOMERS before the order is confirmed.

4.2 Even after the order confirmation e-mail sent by VESTELLA SRLS, there may be cases of partial or total unavailability of goods. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the CUSTOMER will be immediately informed by e-mail.

4.3 In the event that due to the partial and / or total unavailability of the goods subsequent to the completion of the order the CUSTOMER requests the cancellation of the same, VESTELLA SRLS will be obliged to refund the amount already paid within 15 days from the day on which it had actual knowledge of the customer’s decision to terminate the contract.

ARTICLE 5 – Method of payment

5.1 Any payment by CUSTOMER may only be made by credit card or PayPal on the VESTELLA.IT website or by bank transfer.

5.2 In the event that THE CUSTOMER opts for payment of the goods by bank transfer, the amount must still enter the availability of VESTELLA SRLS no later than 48 hours after the purchase request made through the site. Failure to do so will result in the order being automatically cancelled without any communication. In fact, the order will be considered perfected and concluded only when VESTELLA SRLS will have actual availability of the amounts requested by way of price for the goods purchased. Thereafter, an order confirmation notice will then be sent to the customer at the requested address, and from that time all the terms set forth in these terms of sale will begin to run.

5.3* In the case of payment by credit card, financial information (e.g., credit/debit card number or date of its expiration) will be forwarded, via encrypted protocol, to Banca Sella or other banks, which provide the relevant remote electronic payment services, without third parties being able, in any way, to access it. Such information, moreover, will never be used by the Seller except to complete the procedures relating to your purchase and to issue refunds in the event of any returns of products, following the exercise of your right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on www.vestella.it.

ARTICLE 6 – Prices

6.1 All sales prices of the products shown on the website VESTELLA.IT are expressed in Euro and include VAT. Shipping costs are not included in the indicated selling price of the products, but are specified and calculated at the conclusion of the purchase process, before making the payment.

6.2 The CUSTOMER accepts the right of VESTELLA SRLS to change its prices at any time, however, the goods shall be invoiced and sold on the basis of the prices indicated on the website at the time of completion of the purchase and stated in the confirmation e-mail sent by VESTELLA SRLS to the CUSTOMER.

6.3 Shipments outside the European Union, involve the payment of import taxes, which are the sole responsibility of the customer and therefore will be calculated in addition to the sale price.

6.4 In the event that a computer, manual, technical, or any other inconvenience occurs that the Company VESTELLA SRLS cannot in any way foresee and that results in a substantial change in the conditions of sale, the purchase order must be considered invalid and will be consequently cancelled. In this circumstance, any amount paid will be refunded to the customer within 30 days from the day of cancellation.

ARTICLE 7 – Right of withdrawal

7.1 In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within the period of 14 days from the completion of the purchase pursuant to Art. 57 of Legislative Decree 206/2005. This period will run from the date of actual receipt of the purchased products.

7.2 The CUSTOMER who intends to exercise the right of withdrawal must notify VESTELLA SRLS within the prescribed period by means of an explicit declaration, which may be sent by registered letter with return receipt to the address:

VESTELLA SRLS

VIA ROMA 70, 00066 MANZIANA RM

That is, through certified mail to the following address:

vestellasrls@legalmail.it

7.3 The CUSTOMER may also exercise the right of withdrawal by sending any explicit statement containing the decision to withdraw from the contract.

Return form. In case of exercise of the right of withdrawal, the CUSTOMER is required to return to the company VESTELLA SRLS

immediately, and in any case no later than 14 days from the notice of withdrawal, the goods covered by the order in reference to which it has communicated its wish to withdraw, by sending them to the following address:

VESTELLA SRLS

VIA ROMA 70, 00066 MANZIANA RM

7.4 The direct costs of returning products shall be borne by the CUSTOMER. The goods must be returned undamaged, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) as well as the attached tax documentation. Under no circumstances will goods that have not been returned in perfect condition be replaced or refunded.

7.5 Only after verifying the correct return of the goods VESTELLA SRLS will refund only the amount of the products subject to withdrawal (thus excluding any costs incurred for shipping) within a maximum period of 14 days.
7.6 As stipulated in Art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, VESTELLA SRLS may suspend the refund until receipt of the goods or at its discretion until the CUSTOMER has demonstrated that it has returned the goods to VESTELLA SRLS. VESTELLA SRLS will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide VESTELLA SRLS, return form by accessing the contact section or by sending a PEC to INFO@VESTELLA.IT, the bank details necessary to make the refund.

ARTICLE 8 – Mode of delivery

8.1 VESTELLA SRLS will accept orders for delivery worldwide. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by VESTELLA SRLS.

8.2 For each order placed on the VESTELLA.IT website, VESTELLA SRLS will issue a receipt for the goods shipped. After the issuance of the received invoice, it will not be possible to make any changes to the data indicated in the invoice.

ARTICLE 9 – Responsibility

9.1 The company VESTELLA SRLS shall not be liable for any damages caused to the customer by reason of failure to comply with the terms set forth in these conditions if the same are attributable to force majeure and / or fortuitous cause beyond the control of VESTELLA SRLS. This also in the event that due to extraordinary and unforeseeable events involving malfunctioning and/or inefficiency of the Internet network it is not possible for reasons beyond the control of the Seller to execute the orders in the terms deduced in these conditions;

ARTICLE 10 – Access to the site

10.1 The CUSTOMER has the right to access the site for browsing and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether aural or visual, and the related technology used remain the property of VESTELLA SRLS and are protected by intellectual property law.

ARTICLE 11 – Privacy Policy

11.1 VESTELLA SRLS is aware of the importance of its customers’ personal information and therefore intends to inform and provide as much control as possible over the management of personal information collected through our Site. Please read our Privacy Policy carefully, which applies each time you access the Site, even if you do not purchase the VESTELLA SRLS products we sell on the Site. Some services may be subject to specific legal terms, in which case we will give all appropriate information from time to time.

ARTICLE 12 – Cookie Policy

12.1 The VESTELLA.IT website uses “cookies”. Cookies are electronic files that record information related to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow VESTELLA SRLS to offer a personalized service to its customers. VESTELLA SRLS informs the Customer of the possibility to disable the creation of such files by accessing its Internet configuration menu. It is understood that this may prevent the CUSTOMER from proceeding with the ‘online purchase. For detailed information on how VESTELLA SRLS handles your personal data, we invite you to read our Cookie Policy

ARTICLE 13 – Integrity

13.1 All Conditions in this writing constitute an integral and essential part of the sales agreement.

13.2 Any declaration of nullity and/or voidability of individual clauses of these conditions of sale will not result in the loss of effectiveness of the entire accepted document but only of the conditions declared null and/or void. Therefore, the parties will remain obligated to comply with what was agreed upon and remained fully effective between them following the court ruling;

ARTICLE 14 – Applicable Law and Jurisdiction.

14.1 These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State, otherwise the Court of the place where the Company VESTELLA SRLS has its registered office shall be considered competent;
In any case, it is possible to have optional recourse to the mediation procedures referred to in Legislative Decree 28/2010, or assisted negotiation referred to in Legislative Decree 132/2014 converted by Law 162/2014 for the resolution of all disputes that may arise in reference to the relationships between the company VESTELLA SRLS and the customers also by reason of the present contractual clauses;

General terms and conditions of sale updated on 24.01.2022.