1. SCOPE OF APPLICATION
1.1 These conditions apply to all purchases of products (including, but not limited to, products that are sold through this website - www.annavirgili.com - from us, to which the terms "we" or "our" must be understood as referred) in the capacity of seller, to (b) you, the buyer (to whom the terms "you" or "your" must be understood as referring). These conditions have been prepared in accordance with the regulatory provisions on consumer protection (legislative decree 6 September 2005, n.206), where applicable, and the regulatory provisions on electronic commerce (legislative decree 9 April 2003, n. 70). These legislative provisions, together with any other applicable law and regulation, constitute the "Applicable Law" for the purposes of these conditions.
1.2 By placing an order through this site you agree to comply with these conditions and consent to the use by the seller of the telephone, e-mail and other automatic call systems that do not involve the intervention of an operator, as applicable , in relation to the implementation and execution of these conditions. If you act as a "consumer" (ie you make purchases for purposes unrelated to your professional activity), these conditions will not affect the rights recognized by the applicable law if the same does not allow the limitation or exclusion. of those rights. By placing an order through this site you also request that we carry out the contract without prior notice of acceptance of your order.
1.3 If you purchase as a consumer, you are entitled to a right of withdrawal (the so-called "cooling-off period") during which you can cancel your order, without having to provide any reasons and without having to pay any penalty (except the direct cost of returning the asset). This period is:
1.3.1 Up to fourteen (14) days following the acquisition of physical possession of the product by you or by a third party other than the carrier and designated by you.
1.4 This right of withdrawal:
1.4.1 It will not find application in relation to products that are returned damaged. Without prejudice to, and therefore you will not be responsible for, the decrease in the value of the asset due to the manipulation of the asset necessary to establish the nature, characteristics and functioning of the same.
1.5 All explicit declarations of withdrawal must be addressed as follows: to the attention of: Anna Virgili Srl - C.da S.Giovanni snc - 63074 San Benedetto del Tronto (AP). The explicit declaration of withdrawal can also be sent by email to email@example.com or by fax to the following number: 0735 - 651203. The explicit declaration of withdrawal will be considered made on the day of shipment by post or post. electronic (if sent by letter or email), or on the day of fax transmission (if sent by fax).
You can assert your right of withdrawal using the online form available at this link.
1.6 If you make use of the aforementioned right of withdrawal, you must take the necessary precautions to preserve the product in your possession and also return the products directly to us or make them available for collection, as requested. The deadline is met if you send back the goods before the 14-day period has expired. The direct cost of returning the goods will be borne by us. You will be promptly and free of charge refunded of all payments you made to us. Refunds will be made using the same payment method you used for the initial transaction. The refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
2. OFFER, FEEDBACK AND ACCEPTANCE
2.1 Any price and description on the Site or to which the Site refers will be subject to availability, will not constitute an offer and may be revoked or modified at any time prior to acceptance of your order (as described below).
2.2 Although we make every effort to ensure that the Products indicated on the Site are available, it may happen that we will not be able to supply these Products because, for example, these products are no longer available in stock or immediately available at the moment. of the execution of the order. We can therefore refuse your order (without any responsibility) if we are unable to process or execute the same. In this case we will inform you and you will be refunded any amount paid in advance for the item in accordance with the provisions of the Applicable Law.
2.3 The orders submitted by you must be understood as an offer sent to us for the purchase of Products on the basis of these Conditions, our subsequent acceptance is necessary for the completion of the orders. Once you have completed your order, a page will appear in which you will be asked to verify the information entered; you must therefore check that the information is correct and, if necessary, correct it before placing your order.
2.4 Before our acceptance, an automatic e-mail confirming your order may be generated. Please note that this automatic communication should not be construed as a formal acceptance of your order.
2.5 The acceptance of your order will become effective and the contract will be considered concluded when the offer is accepted by us by fulfilling your order and accepting your credit card or other means of payment ("Acceptance").
2.6 You must ensure that you have printed a copy of all the aforementioned documents and the Conditions for your personal archive.
3. BUYER'S STATEMENTS
3.1 You must ensure that all information you provide when placing your order is up-to-date, substantially accurate and sufficient to fulfill your order.
3.2 By submitting the order, you also declare that you have the legal capacity necessary for the signing of a contract.
3.3 You must ensure that the information in your account (user code) activated with us is appropriately accurate and up-to-date. This information, as well as any authentication credentials (password) assigned to access the Site and / or purchase the Products) must be kept safe and protected from unauthorized access.
3.4 Unless otherwise agreed or otherwise provided by Applicable Law, any warranty provided in relation to the Products has value towards you on the assumption that with respect to the Products you are the end user and not a reseller.
3.5 You acknowledge that you are purchasing the Products for your personal use, and therefore that you cannot resell them. You will not be able in any way or context to be accredited as our representative, or as a representative of our Producers.
4. PRICES AND PAYMENT TERMS (NOTE: PRICES CANNOT BE CONFIRMED BEFORE ACCEPTING YOUR ORDER)
4.1 The prices are those in effect at the time of Acceptance. The prices can be indicated on the Site or in the order acknowledgment communication but we will notify you of the final sale price at the time of our Acceptance.
4.2 The prices and the currency adopted are expressed in Euro.
4.3 The places where we deliver are listed on the Site. Unless otherwise specified, the prices indicated must be understood as inclusive of transport or shipping costs to the place agreed for delivery.
4.4 Payment, including, where applicable, shipping costs and any applicable amount or tax, must be made prior to delivery.
4.5 Except as expressly provided for in the Conditions or on the Site and within the maximum limits permitted by Applicable Law, the payment may be fully withheld even if disputes arise for incorrect delivery or defects (without prejudice to your right of withdrawal referred to in articles 1.3, 1.4, 1.5 and 1.6 above and your right to a guarantee of conformity).
4.6 Your credit or debit card will be charged when the Products are shipped. We reserve the right to verify payments made by credit or debit card prior to Acceptance.
The payment systems accepted by us are indicated on the Site.
5. WITHDRAWAL AND RESOLUTION
Within the limits permitted by Applicable Law and without prejudice to any of our other rights, we may:
5.1 block any Product in transit; and / or
5.2 suspend the delivery of further Products; and / or
5.3 upon written notice, cancel the orders you have placed as well as release us from our obligations and terminate any other contract between us.
6. DELIVERY AND RISK
6.1 The delivery dates / times indicated on the Site, in any acknowledgment and order acceptance communication or elsewhere must be understood as purely indicative estimates. If on the one hand we try to respect the aforementioned dates or times, we do not undertake to send the Products according to precise dates and times and therefore, within the maximum limits allowed by the Applicable Law we will not be responsible for any delays or for the impossibility of respecting the dates and times indicated.
6.2 Delivery will be made to a valid address within the Territory indicated by you and which will be subject to Acceptance ("Delivery Address"). It is your responsibility to verify the Delivery Address indicated in the acknowledgment and acceptance communications that will be sent to you and to notify us, without delay, of any errors or omissions. We reserve the right to charge you any additional costs due to changes you make to the Delivery Address after placing an order.
6.3 If you refuse to receive or fail to receive the delivery of the Product in accordance with the provisions of the Conditions (for example if the delivery address provided to us is incorrect) all the risks associated with the loss or damage of the Products will in any case be at Your charge and without prejudice to any of our other rights:
7. REFUSAL OF PRODUCTS AND / OR SERVICES, DAMAGE OR LOSS IN TRANSPORT
7.1 It will be your responsibility to check the Products upon delivery and to verify that the conditions of the Products are satisfactory in relation to those indicated in the relative description and that the Products are complete. You may return the Products purchased in accordance with the Return Policy or Conditions indicated on the Site.
7.2 Except as specified above or as established by all applicable Return Regulations and without prejudice to the rights that are recognized by the Applicable Law and which cannot be excluded or limited by the Conditions:
7.2.1 Subject to the clause below, we will not be liable and you will have no right to refuse the Products, except that:
(a) The damage or loss of the Products occurred during transport (when the Products are transported by our means or by couriers appointed by us) if this circumstance is communicated to us within 14 days from the moment of receipt of the Products;
(b) Any defects in conformity of the Products (which are not caused by your action, negligence or omission) occur within two (2) years from the moment of receipt of the Products and are reported to us within two (2) months from the date on which discovered them, if the buyer is a consumer, or such lack of conformity is communicated to us within one (1) year of delivery, if the buyer is not a consumer;
7.2.2 If there is an insufficiency of stocks or a non-delivery or any defect or damage affecting a Product or Service, without prejudice to any other provision of the Applicable Law, we may, at our discretion:
(a) in the event of damage or any defect affecting the Product and in accordance with the applicable Return Policy:
(i) Replace or repair the Product provided it is returned; or
(ii) Return the price paid for any Product found to be damaged or defective.
8. LIMITATION OF LIABILITY
8.1 Within the maximum limits permitted by applicable law, our overall liability (whether attributable to negligence, breach of contract, inaccurate declaration - unless intentional - or other cause) may in no way exceed the cost of damaged or undelivered products (the whose value must be determined on the basis of the net amount of the price indicated in the invoice / charged) in relation to any event or series of events. within the maximum limits permitted by applicable law we will not be liable for:
8.1.2 special, punitive, incidental, indirect or consequential damages;
8.2 except as otherwise provided in these conditions and within the maximum limits permitted by applicable law (and with the exclusion of limitations of liability for unlawful acts due to willful misconduct or gross negligence), every term, condition, guarantee and declaration (explicit or implicit by law, common law or other source) must be considered excluded. we cannot be held responsible for any loss, damage or offense whether resulting from defective material, manufacturing defect or other cause, regardless of whether or not this is attributable to our (or our employees or agents) fault.
8.3 the following additional conditions will be applicable to the category of "consumers" (ie those who make purchases for purposes unrelated to their professional activity):
8.4 Nothing provided in these conditions is or will be interpreted in such a way as to limit or exclude our liability or that of the manufacturer, licensor or supplier towards you.
8.5 these conditions will not affect the rights recognized to you by the applicable law for the protection of consumers. may exercise these rights at its complete discretion.
9 LEGAL GUARANTEE FOR CONSUMERS
9.1 All illustrations and representations available on the Site or communicated by us must be understood as having mere illustrative title of the Products, and do not in any way represent our declaration of conformity of the Products with them.
9.2 If you are a consumer (i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity), in the event of a lack of conformity of the purchased Product, you will have the right - pursuant to art. 128 and following of the Consumer Code (Legislative Decree no. contract.
It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use for which it must normally be used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of an asset of the same type; (iv) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.
In the event of a lack of conformity, you may request, at your choice, the repair of the Product or its replacement, unless the requested remedy is objectively impossible or excessively burdensome compared to the other according to the provisions of art. 130 paragraph 4 of the Consumer Code. In particular, a remedy is to be considered excessively burdensome if it imposes unreasonable costs in comparison to the other, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be accomplished without significant inconvenience to you.
Repairs or replacements will be carried out within a reasonable period of your request, and will not cause you significant inconvenience, taking into account the nature of the asset and the purpose for which you purchased the asset.
Alternatively, you may request, at your choice, an appropriate reduction in the price or the termination of the contract, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) the Product has not been repaired or replaced within a reasonable time; (iii) the replacement or repair previously carried out has caused you significant inconvenience. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
The right to the legal guarantee of conformity will be exercisable only within two (2) years from the delivery of the Product, provided that the relevant request for repair or replacement of the defective Product or Products is sent within two (2) months of the discovery of the defect. To this end, we recommend that you keep the purchase receipt and the delivery receipt of the Product, which you must attach to the request for repair or replacement under warranty. In the absence of delivery receipt of the Product or other suitable documentation to prove receipt of the Product itself, the two (2) year term referred to above will be calculated starting from the date of purchase of the Product.
9.3 To exercise your rights pursuant to clause 12.2 above, you must contact the customer care number on the site or fill out the online assistance form.
An operator will answer you and try to solve the problem immediately. If this is not possible, the operator will provide you with all necessary indications on how to proceed to obtain the repair or replacement of the defective Product or, alternatively, the appropriate reduction in the price or the termination of the contract.
9.4 You will not have the right to repair, replace, reduce the price or terminate the contract in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with the Applicable Law:
9.4.1 The Products have been repaired or altered by anyone other than the manufacturer, us or any other authorized person; and / or
9.4.2 The lack of conformity of the Product or Products has manifested itself beyond the term of two (2) years from the delivery of the Product itself and / or the related request for repair or replacement of the defective Product or the defective Products, carried out in compliance to the provisions of clause 12.3 above, it has been sent after two (2) months from the discovery of the defect; and / or
9.4.3 The defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation performed by persons other than the manufacturer, us or any other authorized person - or failure to comply with the instructions provided by the manufacturer or other instructions provided by us together with the delivered Products.
If you wish to contact us for any reason related to these conditions, you can do so through the contacts indicated in art. 1.5.
11. INFORMATION REGARDING THE PROCESSING OF PERSONAL DATA.
12. GENERAL PROVISIONS
12.1 We will not be charged with any liability to you or any breach of contract for the losses or damages suffered, to the extent that such loss or damage was a direct or indirect consequence of events that prevented, hindered or delayed the fulfillment of the our obligations beyond our control, including (but not limited to) force majeure, war, riot, riot, government action, explosion, fire, flood, hurricane, accident, strike, lockout, trade dispute or worker agitation , failure of the factory or machinery, interruption in the supply of energy or materials and in the latter case, pursuant to the Applicable Law, we may decide to cancel your order and reimburse you for the payments made.
12.2 You acknowledge that these Terms supersede and cancel any previous verbal or written, explicit or implicit working contract, agreement or understanding between us. These Conditions prevail over any other terms or conditions contained or reported elsewhere or implied in trade, custom or commercial usage. Any alleged term or condition to the contrary is therefore excluded within the maximum limits permitted by the Applicable Law. Within the maximum limits permitted by Applicable Law, we reserve the right to modify these Conditions without prior notice, specifying the reasons for the modification.
12.3 No waiver of the terms or provisions of these Conditions will be effective unless agreed in writing and signed by us. The renunciation of asserting the violation of any provision of these Conditions shall not be construed as a renunciation of asserting other violations or provisions.
12.4 If for any reason we believe or a competent court will find that any provision or part of these Terms is unlawful, ineffective or void under the Applicable Law in a specific jurisdiction:
12.4.1 these Conditions will not be limited to their effectiveness in other jurisdictions to the extent that such determination or judicial decision is not applicable; And
12.4.2 in the jurisdiction concerned, the part of the Conditions not affected by the aforementioned defects (within the maximum limits permitted by the Applicable Law), will remain fully valid and effective.
13. APPLICABLE LAW AND JURISDICTION
13.1 The validity and execution of these Conditions will be governed by Italian law and any dispute concerning the interpretation or execution of these Conditions will be devolved to the exclusive jurisdiction of the Italian courts. If you are a consumer, that is, you make purchases for purposes unrelated to your professional activity, any disputes relating to the interpretation and execution of these Conditions will be referred to the court of the place where you have your residence or domicile, which is mandatorily competent.
13.2 In accordance with the Applicable Law, the language that will be used in the event of disputes will be Italian.