1. Subject matter
1.1. These general terms and conditions of sale (hereafter, the "Conditions") shall apply to the purchase of products (hereafter, the “Products”) via the e-commerce website www.vionnet.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to clause 1.2 below. The Site, which is owned and managed for the sale process by Inspire Vionnet S.r.l., VAT ID no. 02609100066, with registered office in Corso Garibaldi, 122, 15048 Valenza (AL), Italy (hereafter, “Vionnet”).
1.2. The Parties involved in the purchase of Products via the Site shall be Vionnet (hereafter also the "Seller ") and the party (consumer) purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party (hereafter the "Consumer") (the Seller and the Consumer shall be hereafter referred to jointly as the "Parties"). The purchase order processing activities, including the delivery of the Products, shall be managed by Vionnet, either directly or through trusted third parties.
1.3. Notwithstanding any of the contrary as per what is advised on the Site from time to time, Vionnet holds all rights to the Site's domain name, the logos, the registered trademarks/distinctive signs (whether registered/applied for or not registered) relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc., shall be sent to the Seller as per the relevant proceeding set forth by the Conditions and/or to the e-mail address email@example.com respectively.
1.5. All purchases by Consumers are governed by the applicable Conditions as published on the Site at the time the order is submitted by the Consumer. The updated version of the present Conditions as applicable from time to time can be found in the legal section of the Site and a link thereto will be contained into each purchase confirmation email sent to the Consumer by the Site.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers of legal age only. Hence, only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall still be applicable but, in derogation of what set forth by the same: (i) the withdrawal right referred to in clause 10 shall not apply to the buyer; (ii) the Product warranty referred to in clause 8 shall not apply to the buyer; (iii) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer; (iv) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. Consumers must be of age or over in order to make purchases on the Site and have legal capacity nevertheless; upon submitting the order, the Consumer represents and warrants compliance with such requirements.
1.8. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions at any time, at his own discretion, without being liable to provide any notice to Site users. Any amendments shall come into force from the date on which they are published on the Site and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to clause 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries available for shipping from time to time.
3. Product purchase procedure – Entering into a purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order. By placing an order with the Seller the Consumer undertakes to fully accept the same without any exception or reserve. Before proceeding with the purchase of the Products, Consumers will be asked to read these general terms and conditions of sale carefully and to flag for acceptance thereof.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming, inter alia and without limitation, the order itself, the shipment address and costs, the payment method (and processing thereof). Queries about the order, along with a copy of the order summary as well may be requested directly to the Seller by sending an email to firstname.lastname@example.org.
3.4. Any contract for the purchase of the Products shall be deemed as executed when the Consumer receives the order confirmation from the Seller by e-mail.
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to the virtual shopping cart. Once that selection is complete, in order to purchase the chosen Products, the Consumer will be asked to register with the Site or to log in as the case may be (providing details as requested). Should any of the details on the order be different from those provided during the Site registration phase, the Consumer will be asked to confirm the details as well as the delivery address for the Products chosen, the billing address and contact details in relation to the purchase. The Consumer will be then required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the relevant button; this will send the order to the Seller as per the process under clause 3.2. hereof. The Consumer will also be asked to select a delivery option and a payment method from those available. Based on the selected payment method, Consumer will be redirected to a proper secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes.
4.2. The Consumer is kindly requested to submit to Vionnet, via email to email@example.com, every technical impairment or issue he/she might have incurred into while browsing on the Site and making any purchase therefrom prior to the execution of any actual order.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to deploy the utmost effort to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 14 (fourteen) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in clause 5.3 below.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in clause 8 hereof; provided that failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination in a visibly damaged state, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with reserve”.
6. Prices, shipping costs, customs duties and taxes
6.1. Notwithstanding any of the contrary as per the Site, the price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable), and are exclusive of shipping costs and applicable duties (to be paid by the Consumer solely where applicable), which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site. Application to the Consumer of shipping costs may vary depending on offers/promotions from time to time as advertised on the Site.
6.2. The total price payable to the Seller will be indicated in the order along with the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby represents that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in clauses 6.3. and 6.4. above, this shall not constitute grounds for termination of these contract these Conditions underly to and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be mandatorily completed within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that processing of the purchase contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders can be carried out solely through the available means as per those listed into the Site from time to time.
7.3. If payment is made by credit card or through one of the digital means as made available from time to time, the Consumer shall be transferred to a secure site and the relevant details shall be communicated directly to the applicable third-party operator that handles payments on behalf of the Seller. The transmitted data will be sent securely, by means of a 256 bit encrypted data transfer. This data cannot be accessed, not even by the Seller.
7.4. The invoice/tax records relating to the purchase will be sent to the Consumer, where set forth by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 771/2019 and Italian Legislative Decree No. 206/2005 (hereinafter "Consumer Code"), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller on the information leaflets, tags or labels.
8.2. Notwithstanding the statute of limitation of 26 (twenty six) months from the delivery day, the Consumer is required to report any defects and non-conformities of the products sending a notice to the Customer Care service by email to firstname.lastname@example.org, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself and at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt. Failure to do so will invalidate this warranty.
8.3. On receiving the notice and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Seller’s service centre and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer, provided that such an email shall, under no circumstances, infer acknowledgement of the defect or non-conformity. The Products that the Seller has authorised to be returned shall be sent by the Consumer by following the relevant procedure as set forth into the Consumer’s personal area of the Site by following the proper instructions set forth therein, within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:
MVT c/o Ezytail
9, rue Jean-Jacques Rousseau
91350 Grigny - France
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 135-bis of the Italian Legislative Decree no. 206/2005.
8.5. If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product.
9. Defective Products Liability
9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
10. Right of withdrawal
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these Conditions, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
10.2 To exercise a right of withdrawal, the Consumer shall, before the deadline indicated in clause 10.1 above, log in to the Site and follow the applicable online proceeding as set forth by the Site itself.
10.3 On completing the requirements of clause 10.2 above, the Consumer will receive a withdrawal confirmation email containing instructions and return labelling (this including for the shipment).
10.4 If the Consumer withdraws from the relevant contract to which the Conditions underly to, a refund of all payments received will be made, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 (fourteen) days from exercising the right of withdrawal. Such refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the returned Product or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
10.5 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and
to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
11. Intellectual Property Rights
11.1. The Consumer acknowledges that he/she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
12. Protection of Consumer Personal Data
13. Applicable law, settlements and jurisdiction
13.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 7072003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
13.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
As an alternative to the settlement proposed in clause 13.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to a purchase contract as per the Conditions, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is email@example.com.
13.3 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Consumer's place of residence or domicile address.