Termini & Condizioni

General Terms and Conditions of use of the vitovi.it website and
purchase on the Store

 

1) Introduction

1.1) This section contains the necessary information about purchases made on our website.

1.2) Before using this website, we invite you to read this document, the Cookie Policy and the Privacy Policy.

1.3) This document is valid and regulates the relationship between the user, considered as a consumer over the age of 18, resident or living in the territory of the Italian Republic (and with the capacity to sign binding contracts), and VIME s.r.l, in relation to purchases made on the VIME s.r.l. website, which can be reached at the following web address: www.vitovi.it (hereinafter referred to as the ‘website’).

1.4) This document regulates purchases made by the user of the website in his capacity as a consumer. The term ‘consumer’ shall mean the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. 1.5) The website and the related sale of products are managed directly by VIME s.r.l., with registered office in Italy, at Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), which can be contacted at the following telephone number:

+39 0732 1913293, e-mail address customercare@vitovi.it, certified e-mail address (PEC) vi-me@legalmail.it (hereinafter referred to as ‘VIME’ or ‘we’). Any comments, suggestions, requests for information or complaints from the user may be sent to these addresses.

1.6) In order to complete online purchases, as well as to receive our newsletters and any offers reserved for registered users, the user must register on the website, which will lead to the creation of a personal and non-transferable account, accessible through a password that the user must keep confidential and inaccessible to persons other than the user.

1.7) VIME s.r.l. makes all efforts and uses the most advanced technical tools to ensure that the image of the products offered corresponds to the shape, colour and - more generally - to the original appearance of the products themselves. Any discrepancy found at the time of receiving the products may also depend on the quality and setting of the devices from which the user accesses the website or makes purchases.

1.8) VIME s.r.l. makes all efforts to ensure the continuity of the website’s usability. This being said, VIME s.r.l. will not be liable towards the user or third parties for any inconvenience resulting from the use of the website or of any information contained in the Website or of the products marketed through the same nor for any inconvenience resulting from the inability to use the website, even for technical reasons.

1.9) In the event that links to other websites managed by third parties or content from third parties are displayed on the website, VIME s.r.l. declares that it does not exercise any control over them and therefore declines any responsibility regarding their nature, purpose and security. More specifically, VIMEs.r.l. declines all liability for any infringements of the law or violations of third-party rights that occur on these pages, as well as for any inconvenience that may occur as a result of access to such third-party content.

1.10) VIME s.r.l. reserves the right to change at any time these ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’  Any change will only be effective for purchases made after the new version of the ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’ has been published.

2) User’s obligations

2.1) By using this website, the user authorises VIME s.r.l. to process the information and personal data provided and agrees to provide accurate and truthful information and personal data.

2.2) By browsing the website, as well as by placing orders, the user ensures and undertakes:

• to use the website only to examine the products offered and/or to place valid orders;
• not to place orders under false names or without the intention to purchase, or using false documents or payment instruments that do not belong to them;
• to provide their personal data (including e-mail address, postal address and/or other contact details).

If all the necessary information is not provided, the order cannot be processed.

2.3) The entire content of the website belongs to VIME s.r.l. (or to VIME’s counterparties) and is protected by current legislation on intellectual property, including copyright, patents, trademarks; therefore, it is forbidden for anyone to use this content, whether in whole or in part. It is therefore also forbidden to copy and/or reproduce the images displayed on the website, including the images of products. Violation of the regulations referred to in this article may expose the offender to liability, including criminal liability.

2.4) The user undertakes not to professionally trade in the purchased goods.

3) Purchase procedure and conclusion of contract

3.1) In order to make a purchase, the user must select each of the products they wish to purchase; in this way, each product will be placed in a virtual shopping cart, which can always be accessed from the top right-hand corner of the website once the user has registered and logged in.

3.2) When selecting a product, the user must also select the size of the product. It is recommended that the user carefully select the size they are interested in, taking into account the information in the Size guide that can be found at the link under each product.

3.3) Once the user has selected the products they intend to purchase, they must carefully check the accuracy of the contents of the virtual shopping cart. In this phase, prior to finalising the order, the user may correct any selections previously made, by deselecting a product they are not interested in or by increasing or decreasing the desired quantities of each selected product.

3.4) Once the checks referred to in articles 3.2 and 3.3 have been carried out, the user may proceed with the order by clicking on the ‘Check out’ button and filling in the order form in all its parts in accordance with the instructions that will appear on the screen.

3.5) The online purchase procedure shall be considered complete as soon as the client clicks on the final order confirmation button. The order will then be sent directly to VIME s.r.l.. By clicking on the ‘continue to payment’ button, the user will send their order. It will be transmitted directly to VIME s.r.l. and is binding for the products contained in the shopping cart. The order is completed only once payment has been successfully made by the user.

3.6) Upon completion of the order process and successful payment by the user, VIME s.r.l. will send the client an order confirmation via e-mail, which constitutes acceptance of the order and which will be followed by the shipment of the products within the next two working days.

4) Right of withdrawal and how to exercise it

4.1) The user has the right to withdraw from this contract, without having to give any explanation, within fourteen days from the date of delivery of the purchased products to the user (or to the third party indicated by the user as the recipient of the products). The user must send VIME s.r.l. a communication containing the form provided at the end of these ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’. Moreover, any other statement expressly stating the decision of the user to withdraw from this agreement shall be considered valid.

4.2) In order to exercise the right of withdrawal, the user must inform VIME s.r.l. one of the following ways:

1. by sending a written communication by registered letter to the address Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), Italy,
2. by phone at (+39 0732 1913293),
3. by email to customercare@vitovi.it,
4. by certified electronic mail (PEC) to vi-me@legalmail.it.

4.3) In order for the right of withdrawal to be considered validly exercised, the user only needs to send the relevant communication before the end of the withdrawal period. Since the burden of proof for exercising the right of withdrawal in accordance with this article lies with the user, the latter is invited to exercise the right of withdrawal according to points (a) or (d) of article 4.2.

4.4) Within 14 days from the date of exercising the right of withdrawal, the user will be required to return to VIME s.r.l. the products included in the order which is the subject to withdrawal, according to the transport instructions that VIME s.r.l. will communicate to the user by email upon withdrawal.

1. The products subject to withdrawal must be returned to VIME s.r.l.:

1. in their original packaging, complete with all parts;
2. intact, undamaged, not used or washed, but only tried on, handled and inspected for the sole purpose of determining their nature, quality and correct size. These verifications shall be carried out by the user, taking care not to damage, soil or deteriorate the products received under any circumstances;
3. with the safety tags attached to the products.

4.6) Pursuant to the provisions of article 4.5(c), following receipt of the products, the user is recommended to inspect the products received without removing the tags.

4.7) Products that do not comply with the requirements of article 4.5 and 4.6, or that are returned late, or for which the withdrawal has been exercised after the term provided for by article 4.1, will not be accepted for return.

4.8) For each order, partial withdrawal is possible under this article 4: in that case, it shall be effective only for the products specifically indicated in the withdrawal notice.

5) Refund and costs of return

In the event of valid exercise of the right of withdrawal by the user, VIME s.r.l. shall refund the user the sums received by the fourteenth day following the date of receipt of the notice of withdrawal.

The refund will be made using the same payment method used to make the purchase.

The cost of delivery shall be borne by the customer for an amount of €10.00.

Pursuant to the applicable regulations (and unless the products have been returned by the user according to the procedures indicated by VIME s.r.l.), VIME s.r.l. may withhold the refund until it has received and verified the condition of the goods, or until the user has demonstrated that the goods have been returned (whichever situation occurs first).

6) Return for change of size of purchased item

6.1) Without prejudice to the right of withdrawal pursuant to article 4, the user may make a return for a change of size for each product purchased. This will not, under any circumstances, entail reimbursement by VIME s.r.l. of the sums paid by the user to VIME s.r.l..

6.2) The right referred to in this article may be exercised by the user within seven days of delivery of each product, and will involve the shipment by VIME s.r.l. to the user of a clothing item identical to that previously purchased, subject to the availability of the different size requested by the user.

6.3) For the first size change requested by the user, VIME s.r.l. will bear the cost of returning the product, as well as the cost of delivering the new size of the purchased item to the user.

6.4) The user may ask VIME s.r.l. to make returns after the first return for size changes; however, in that case:

• it will be VIME s.r.l.'s right to accept or refuse the additional request for size change made by the user;
• in the case of acceptance by VIME s.r.l. of a further request for size change made by the user, the cost of returning the item and the cost of delivery of the new item will be borne by the user.

6.5) Each request for size change may be made by the user to VIME S.r.l. in one of the following forms, freely chosen by the user:

1. by sending a written communication by registered letter to the address Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), Italy,
2. by phone at (+39 0732 1913293),
3. by email to customercare@vitovi.it,
4. by certified electronic mail (PEC) to vi-me@legalmail.it.

6.6) With the communication referred to in article 5.5, the user shall indicate to VIME s.r.l:

• User’s name:
• User’s address:
• Model of the item purchased and for which a size change is requested:
• Item received on:
• Size of item to be returned:
• Size of the item being asked for in exchange:
• User's signature (if the communication is sent in hard copy).

6.7) It is understood that the right of withdrawal referred to in article 4 may be exercised by the user, in any case, no later than the fourteenth day from delivery of the first item to the user.

7) Shipping and costs

7.1) Deliveries are valid only within EU countries. 

7.2) Shipping costs for deliveries within Italy shall always be borne by VIME S.r.l..

7.3) For shipments to other EU countries outside Italy, in the case of purchases of a value of less than € 500.00, the costs shall be borne by the customer to the extent of € 10.00. For purchases of € 500.00 or more, shipping costs shall be borne by VIME S.r.l.

8) Warranty

8.1) At the time of delivery, the user must check that the products delivered correspond to the order placed and that they have no lack of conformity.

8.2) The warranty referred to in this article 7. shall only apply if the product purchased has been properly used, in accordance with the use for which it is intended and according to its nature, as well as in compliance with the directions for use and washing provided.

8.3) In the event that a lack of conformity is detected, the user shall be entitled to have the conformity of the goods restored free of charge by means of replacement or repair, without prejudice to the cases in which, pursuant to the applicable law, the price reduction or termination of the contract must be invoked (in the latter case, the use of the goods shall be taken into account in determining the amount of the reduction or the amount to be returned to the user).

8.4) The warranty referred to in this article shall apply to lack of conformity becoming apparent within a period of two years from delivery of the goods. The user forfeits his rights under this article if the conformity defect is not reported to VIME s.r.l. within two months from the date on which the defect was discovered. An action to enforce any conformity defects of the products must be done within twenty-six months of delivery of the goods.

9) Payment

9.1) Payment can be made via PayPal or one of the following credit cards: MasterCard, Visa, Maestro, American Express. Payment can also be made via Google Pay, Union Pay, Shop Pay, Apple Pay and Klarna. For further information on payment instruments, please contact VIME s.r.l. at customercare@vitovi.it.

 

10) Disclaimer of liability

10.1) VIME s.r.l. assumes no liability for inefficiency due to force majeure, if it is unable to execute the order in the time provided for in the contract.

10.2) VIME s.r.l. cannot be held liable to the user for disservices or malfunctions related to the use of the Internet outside its control, except in the case of wilful misconduct or gross negligence.

10.3) VIME s.r.l. will also not be liable for any damage, losses or costs incurred by the user as a result of the non-performance of the contract for any reasons not attributed to them, and the user will only be entitled to a full refund of the amount paid.

10.4) As far as the payment instruments used by the user are concerned, VIME s.r.l. will not be liable for any fraudulent or illegal use that may be made by third parties.

10.5) VIME s.r.l. shall not be liable for the consequences of a defective product if the defect is due to a mandatory legal rule or binding measure, or if at the time the manufacturer put the product into circulation the state of scientific and technical knowledge did not yet allow the product to be considered defective.

11) Prices

11.1) Prices on the website are in Euros and include the amount for the applicable VAT required by law and any other applicable taxes.

12) Reservation of property

12.1) The products are owned by VIME s.r.l. until they have been paid for in full.

13) Electronic communications

13.1) The user agrees that communications relating to the contract will be made electronically.

14) Protection of personal data

14.1) The personal data collected when placing each order will be processed by VIME s.r.l. for the sale of the goods to the user and for related activities, in accordance with the provisions of current legislation, as well as the Cookies Policy and the Personal Data Protection Policy available on the website. Any further processing will only be carried out with the express consent of the Client.

15)  Applicable law and jurisdiction

15.1) The contract of sale stipulated under these ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’ and its execution are governed exclusively by Italian law.

15.2) All disputes relating to each order or purchase made on the website as well as, more in general, relating to the application of these ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’ shall be subject to Italian jurisdiction and to the mandatory territorial competence of the Judge of the place of residence or domicile of the user.

15.3) In order to settle out of court a dispute concerning the application of these ‘General Terms and Conditions of use of the vitovi.it website and purchase on the Store’ and, more generally, concerning each order and purchase made on the vitovi.it website, and without prejudice to the consumer's right to access ordinary jurisdiction, it is possible to lodge an online complaint with the European platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/, in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumers.

16) Order storage

16.1) Pursuant to article 12 of Legislative Decree No. 70/2003, VIME s.r.l. informs the user that every order placed will be stored in digital form on the server where the Website resides according to criteria of confidentiality and security.

 

Standard withdrawal form

In order to exercise the right of withdrawal referred to in article 4, the user may use this form:

Recipient: VIME s.r.l., Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), telephone number: +39 0732 1913293, e-mail address: customercare@vitovi.it, certified e-mail address (PEC): vi-me@legalmail.it

I/We (*) hereby give notice of termination of my/our (*) contract:

of sale of the following goods*:

ordered on*/received on*:

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) only if this form is submitted on paper:

Date

_________________________

* Delete unnecessary words.