Terms & Conditions

General Terms and Conditions of use of the vitovi.it website

and purchase on the Store

1) Introductory information

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

1.2) Before using this website, we invite the user to examine this document, the Cookie Policy and the Personal Data Protection Policy.

1.3) This document is valid and governs the relationship between the user, as a consumer over the age of 18, resident or domiciled in the territory of the Italian Republic (and with the capacity to enter into binding contracts) and VIME srl, in relation to purchases made on the VIME srl website, reachable at the web address: www.vitovi.it (hereinafter, the “Site” or “Website”).

1.4) This document regulates purchases made by the user of the Site in his capacity as a consumer. By “consumer” we mean the natural person who acts for purposes outside of any entrepreneurial, commercial, artisanal or professional activity carried out.

1.5) The website and the related sale of products are managed directly by VIME srl, with registered office in Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), which can be contacted at the following telephone number: 07321913293, e-mail address customercare@vitovi.it , certified e-mail address (PEC) vi-me@legalmail.it (hereinafter, “VIME” or “we”), addresses to which any comment, suggestion, request for information or complaint from the user can be sent.

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 specifically on the Site, which will involve the activation of a personal and non-transferable account, accessible via a password that the user must keep confidential and inaccessible to persons other than the user himself.

1.7) VIME srl makes every effort and uses cutting-edge technical tools to ensure that the image of the products offered corresponds to the shapes, colors and – more generally – the original appearance of the products themselves; any discrepancy found upon receipt of the products could also depend on the quality and settings of the devices from which the user accesses the Site or makes purchases.

1.8) VIME srl also makes every effort to ensure the continuity of the usability of the Site; given the above, VIME srl will not be liable towards the user or third parties for damages arising from the use of the Site or any information contained in the Site or products marketed through it, as well as for damages arising from the impossibility of using the Site, even deriving from reasons of a technical nature.

1.9) In the event that, within the Site, links to other websites managed by third parties or content originating from third parties are displayed, VIME srl declares that it does not exercise any control over them and therefore declines any responsibility with regard to their nature, object and safety. In particular, VIME srl declines any responsibility for any violations of laws or violations of third party rights that occur on such pages, as well as for damages that may occur as a consequence of access to such third party content.

1.10) VIME srl reserves the right to modify at any time these “General Terms and Conditions of use of the vitovi.it website and of purchases on the Store”. Each modification will be effective only for purchases that will be made after the time in which the new version of the “General Terms and Conditions of use of the vitovi.it website and of purchases on the Store” is published.

2) User commitments

2.1) By using this website, you authorize VIME srl to process the information and personal data provided and undertake to upload accurate and truthful information and personal data.

2.2) By browsing the Site and placing orders, the user guarantees that and undertakes to:

• use the Site only to examine the products offered and/or to place valid orders;
• do not place orders under a false name or without the intention to purchase, or by using false documents or using payment instruments not in your ownership/availability;
• provide your personal data (including email address, postal address and/or other contact details).

It is understood that, in the event of failure to indicate all the necessary data, the order cannot be processed.

2.3) The entire content of the Site is the property of VIME srl (or of counterparties of VIME srl) and is protected by the current legislation on intellectual property, including copyright, patents, trademarks; therefore, anyone is prohibited from using such content, even if only in part. Therefore, copying and/or reproducing the images, including those of the products, present on the Site is also prohibited. Violation of the legislation referred to in this article may expose the offender to liability, including criminal liability.

2.4) The user undertakes not to trade in the purchased goods on a professional basis.

3) Purchase procedure and conclusion of the contract

3.1) In order to proceed with the purchase, the user must select each of the products he/she intends to purchase; in this way, each product will be placed in the virtual cart, always reachable in the space at the top right of the Site by the registered user who has logged in.

3.2) When selecting each product, the user must also select the size of the relevant product. The user is advised to carefully select the size of their interest, taking into account the information in the Size guide accessible at the link present next to each product.

3.3) Once the products to be purchased have been selected, the user is required to check the accuracy of the contents of the virtual cart; in this phase, prior to completing the order, the user may correct any selections previously made, deselecting a product not of interest to him or 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 the “Check out” button, filling in the order form in its entirety in compliance with the instructions that will appear on the screen.

3.5) The online purchase procedure shall be considered completed as soon as the customer clicks on the final order confirmation button, which will be sent directly to VIME srl. By clicking the “ continue to payment ” button, the user will send their order, which will be sent directly to VIME srl and which will be binding for the products contained in the cart. The order shall be considered completed only upon successful payment by the user.

3.6) Upon completion of the order procedure and successful payment by the user, VIME srl will send the customer the relevant order confirmation via email, which will constitute acceptance of the order and will be followed by shipment of the products within the following two working days.

4 ) Right of withdrawal and methods of exercising it

4.1) The user has the right to withdraw from this contract, without having to indicate the reasons, within fourteen days from the date of delivery of the products purchased to the user (or to the third party indicated by the user as the recipient of the products), by sending VIME srl a communication with the content of the form prepared and reported at the bottom of these "General Terms and Conditions of use of the vitovi.it website and purchase on the Store". Alternatively, any other explicit declaration of the user's decision to withdraw from the contract will be considered valid.

4.2) To exercise the right of withdrawal, the user is required to inform VIME srl in one of the following ways, at his/her choice:

1. by sending communication by registered letter with return receipt to the address Via Giovanni Pascoli n. 2, 60044 Fabriano (AN),
2. at the telephone number (0732 1913293),
3. by email to customercare@vitovi.it ,
4. via PEC to the certified email address (PEC) vi-me@legalmail.it.

4.3) In order to consider the right of withdrawal validly exercised, it is sufficient for the user to send the relevant communication before the expiry of the withdrawal period itself. Since, pursuant to the legislation in force, the burden of proof relating to the exercise of the right of withdrawal in accordance with this article falls on the user, we invite you to exercise the withdrawal in the forms referred to in points (a) or (d) of art. 4.2.

4.4) Within fourteen days from the date of exercising the right of withdrawal, the user will be required to return to VIME srl the products contained in the order subject to withdrawal, according to the transport instructions that VIME srl will give him/her by email following the withdrawal.

1. The products subject to withdrawal must be returned to VIME srl:

1. in their original packaging, complete with all its parts;
2. intact, undamaged, unused, or washed, but only tried on, handled and inspected for the sole purpose of verifying their nature, quality and correct size. Such checks must be arranged by the user taking care not to dirty, wear or in any way damage the products received;
3. equipped with safety tags attached to the products.

4.6) In accordance with the provisions of art. 4.5(c), following receipt of the products, the user is advised to inspect the products received without removing the security tags.

4.7) Products that are found not to comply with the requirements set out in Articles 4.5 and 4.6, or returned late, or for which the right of withdrawal has been exercised after the deadline set out in Article 4.1, will not be accepted for return.

4.8) With reference to each order, partial withdrawal is permitted pursuant to this Article 4: in this case, it will have effect limited to the products specifically indicated in the withdrawal communication.

5) Refund and return costs

In the event of a valid exercise of the right of withdrawal by the user, VIME srl will return to the user the sums received within the fourteenth day following the date of receipt of the withdrawal notice.

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

The delivery costs will be charged to the customer in the amount of €10.00.

In accordance with current legislation (and unless the products have been returned by the user according to the methods indicated by VIME srl), VIME srl may withhold the refund until it has received  and checked the condition of the goods or until the user has supplied evidence of having sent back the goods (depending on which situation occurs first).

6) Return for size change of the purchased item

6.1) Without prejudice to the right of withdrawal pursuant to art. 4, the user may make a return for size change in relation to each of the products purchased, without this entailing in any case reimbursement, by VIME srl, of the sums paid by the user to VIME srl

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 result in the shipment, by VIME srl, to the user of an item identical to the one previously purchased, subject to the availability of the different size requested by the user.

6.3) With reference to the first change of size requested by the user, the costs for returning the product will be borne by VIME srl, as well as those for delivering the new size of the purchased item to the user.

6.4) The user may request VIME srl to make returns for size changes in addition to the first; however, in this case:

• VIME srl will have the right to accept or reject the further request for size change made by the user;
• in the event that VIME srl accepts the further request for a change of size made by the user, the costs of returning the item and those of delivering the new item will be borne by the user.

6.5) Each request for a change of size may be made by the user to VIME Srl in one of the following forms, at his/her choice:

1. by sending communication by registered letter with return receipt to the address Via Giovanni Pascoli n. 2, 60044 Fabriano (AN),
2. at the telephone number (0732 1913293),
3. by email to customercare@vitovi.it ,
4. via PEC to the certified email address (PEC) vi-me@legalmail.it.

6.6) With the communication referred to in art. 5.5, the user must indicate to VIME srl:

• Username:
• User address:
• Model of the item purchased and for which you are requesting a size change:
• Head received for delivery on:
• Size of item to be returned:
• Size of the item requested in exchange:
• User signature (if the communication is sent on paper).

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

7) Shipping and costs

7.1) Deliveries are validly made only within EU countries.

7.2) Shipping costs for deliveries to Italy will always be borne by VIME Srl.

7.3) For shipments to other EU countries outside of Italy, in the case of purchases with a value lower than €500.00, the costs are charged to the customer in the amount of €10.00. For purchases equal to or greater than €500.00, shipping costs will be charged to VIME Srl

8) Warranty

8.1) Upon delivery, the user will be required to check that the delivered products correspond to the order placed and that they do not present defects of conformity.

8.2) The guarantee referred to in this article 7. will apply only if the purchased product is used correctly, in accordance with the use for which it is intended and according to its nature, as well as in compliance with the instructions for use and washing provided.

8.3) In the event that a lack of conformity is found, the user will have the right to restore, free of charge, the conformity of the goods by replacement or repair, without prejudice to the cases in which, pursuant to current legislation, it is necessary to resort to a price reduction or termination of the contract (in this latter case, in determining the amount of the reduction or the sum to be returned to the user, the use of the goods will be taken into account).

8.4) The guarantee referred to in this article must be considered valid for defects of conformity that become apparent within two years of delivery of the goods. The user loses the rights referred to in this article if he does not report the defect of conformity to VIME srl within two months of the date on which he discovered the defect. The action aimed at asserting any defects of conformity of the products expires 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 methods, please contact VIME srl at the email address customercare@vitovi.it.

10) Disclaimers

10.1) VIME srl assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the timeframes set out in the contract.

10.2) VIME srl cannot be held responsible towards the user, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its control.

10.3) VIME srl will not be liable for damages, losses and costs incurred by the user as a result of failure to execute the contract for reasons not attributable to him, the user being only entitled to a full refund of the price paid.

10.4) VIME srl will not be responsible for any fraudulent or illicit use that may be made by third parties of the payment instruments adopted by the user.

10.5) VIME srl cannot be held responsible for the consequences arising from a defective product, if the defect is due to a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

11) Prices

11.1) The prices on the Site are in Euros and include the amount of VAT required by law and any other applicable taxes.

12) Retention of title

12.1) The products remain the property of VIME srl until full payment.

13) Telematic communications

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

14) Protection of personal data

14.1) The personal data collected with the forwarding of each order will be processed by VIME srl for the sale to the user and for the activities related to it, in compliance with the provisions of the current legislation, as well as the Information on Cookies and the Information on the Protection of Personal Data available on the Site. Any further processing will be carried out only with the express consent of the Customer.

15) Applicable law, competent court

15.1) The sales contract stipulated pursuant to these “General Terms and Conditions of use of the vitovi.it website and of purchase on the Store” and the relative execution are governed exclusively by Italian law.

15.2) All disputes relating to each order or purchase made on the Site and, more generally, relating to the application of these “General Terms and Conditions of use of the vitovi.it website and of purchases on the Store” will be subject to Italian jurisdiction and to the mandatory territorial jurisdiction of the Judge of the place of residence or domicile of the user.

15.3) In order to resolve out of court a dispute concerning the application of these “General Terms and Conditions of use of the vitovi.it website and of purchases on the Store” as well as, more generally, concerning each order or purchase made on the vitovi.it website, and without prejudice to the right of consumers to access ordinary jurisdiction, it is possible to submit a complaint online to the European platform for online dispute resolution (ODR) at this address 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 the online resolution of consumer disputes.

16) Order Storage

16.1) Pursuant to art. 12 of Legislative Decree no. 70/2003, VIME srl informs the user that each order placed will be stored in digital form on the server where the Site resides according to confidentiality and security criteria.

Standard withdrawal form

In order to exercise the right of withdrawal pursuant to art. 4, the user can use this form:

Recipient: VIME srl, Via Giovanni Pascoli n. 2, 6004 Fabriano (AN), telephone number 0732 1913293 e-mail address customercare@vitovi.it, certified e-mail address (PEC) vi-me@legalmail.it

I/we (*) hereby give notice of withdrawal from my/our (*) contract:

for the 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 notified on paper:

Date

_________________________

* Delete as appropriate.