- Object
These general conditions of sale apply to the purchase of products by users who qualify as ‘consumers’ (i.e. subjects who purchase one or more products for purposes not related to their business, commercial, craft or professional activity, pursuant to and for the purposes of the so-called “Consumer Code”) through the e-commerce website www.vitocalculli.com, owned and managed by Vito Calculli Team which deals with the sale of products as a ‘seller’.
Any consumer communication related and / or related to the purchase of products – including any reports, complaints, requests regarding the purchase and / or delivery of the same, the exercise of the right of withdrawal, etc. – must be sent to the seller at the addresses and in the manner indicated on the website www.vitocalculli.com and, in any case, at the Email address info@vitocalculli.com.
Each purchase is governed by these general conditions of sale in the version that will be published on the aforementioned website at the time of the transmission of the order by the consumer.
If one or more sales are made to a non-qualifying consumer subject to the exception referred to in the aforementioned regulation and specified above or by a professional – defined therein as any natural or legal person who places an order in the exercise of his business activity , commercial, artisanal or professional – these general conditions of sale will however apply, notwithstanding the provisions in the same:
(a) the right of withdrawal will not be recognized to the non-consumer buyer as provided in the shipping and returns section, and in the event of disputes, the so-called consumer forum referred to in the following art. 8;
(b) the non-consumer buyer will not be able to benefit from the warranty on the products mentioned below;
(c) the other non-consumer purchasers will not be granted any other protections, provided for in favor of the consumer, which reflect or comply with mandatory provisions of the law;
(d) the sales contract concluded between the seller and the buyer will be governed by Spanish law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
Simultaneously with the transmission of the purchase order, the Consumer accepts that confirmation of the information relating to the order made, which will also contain the link to these general conditions of sale, is sent to him by e-mail to the address he declared during the registration on the aforementioned website or during the purchase process.
In order to make purchases through the site www.vitocalculli.com, the buyer must be of age (over 18 years old).
The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the website www.vitocalculli.com. Any changes made will be effective from the date of publication on the aforementioned website and will only apply to sales concluded from that moment.
- Characteristics of the Products
The products sold by www.vitocalculli.com through the aforementioned website are the products in the electronic catalog published on www.vitocalculli.com at the time of the order by the buyer and are sold with the characteristics described on the aforementioned website and according to these general conditions of sale in the version published on the site at the time the order is sent, with the exclusion of any other conditions or terms.
www.vitocalculli.com points out that the images and descriptions of the products published on the site reproduce as closely as possible the real characteristics of the products themselves. It is understood that these images and descriptions may not be perfectly representative of the products and must therefore be considered indicative and with tolerances of use.
The products for sale on www.vitocalculli.com, the prices and / or the characteristics of the same are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the buyer is invited to check the final sale price.
It should also be noted that the prices indicated in the electronic catalog published on www.vitocalculli.com are to be considered inclusive of VAT.
- Product purchase methods – Completion of each individual purchase contract
The purchase order sent by the buyer to the seller through the website www.vitocalculli.com has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself, and that the buyer, with the transmission of the order to the seller, is required to accept in full and without reservation. Before proceeding with the purchase of the products, by sending the purchase order, the user will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, inviting the user / buyer to print a copy or store or reproduce a copy for your personal use.
The purchase order is accepted by the seller by sending it to the buyer, to the e-mail address he declares to the seller when registering on the website www.vitocalculli.com or sending the order ( in case of failure to register on the website), an e-mail with which the order submitted is confirmed and with which www.vitocalculli.com, having verified the effective payment of the goods, will send the summary of the order placed and the description of the characteristics of the product ordered. The buyer expressly agrees that the execution of the contract by the seller will begin when the price of the product (s) purchased is credited to the seller’s current account. Each product purchase contract is considered concluded when the buyer receives the order confirmation from the seller by e-mail as specified above.
The buyer’s order, the seller’s order confirmation and the general conditions of sale applicable to the relationship between the aforementioned parts will be electronically archived by the seller in his computer systems (for 26 months) and the user can request a copy by sending a email communication to the seller at info@www.vitocalculli.com.
The price of the products is the one indicated on the website www.vitocalculli.com at the time the order is placed by the buyer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable).
- Procedure for selecting and purchasing products
The purchase of products on the site cannot be made directly without prior registration.
Registration on the site is free and will entitle future orders to access the special conditions of reserved promotions, to check their order history and to manage their personal data.
To register on the site www.vitocalculli.com, the user must fill in and send the appropriate form by entering the required data (for example name, surname, address, e-mail and telephone number). The registration will then be confirmed by sending a confirmation e-mail. The registration credentials must be used only by the user and cannot be transferred to third parties, committing the user to guarantee their secrecy. The user guarantees that the personal information provided during the registration procedure on the site is complete and truthful and agrees to keep www.vitocalculli.com harmless and free from any obligation to pay compensation and / or sanction and / or damage in which it may incur. due to the violation by the user of the rules governing the registration on the aforementioned website and the purchase of the products on the same.
The products presented on the catalog of the site www.vitocalculli.com can be purchased by selecting them and inserting them in the appropriate virtual shopping cart. Once the selection of the selected products has been completed, to continue with the purchase of the products included in the cart, the buyer will be invited to: (a) register on the website www.vitocalculli.com, providing the requested data, or (b) to log in, if already registered or (c) to simply provide your data in order to complete the order and therefore continue with the completion of the contract. If the data indicated in the order is different from that provided when registering on the website, the buyer must confirm his data (indicating, for example, his name, surname, etc.), as well as the delivery address of the selected products (and possibly the different name of the recipient, if different from the buyer), the billing address and a telephone number where you can be contacted for any communications relating to the purchase made. The buyer will then be able to view a summary of the order to be executed, of which he may modify the contents and finally he will be required to proceed with the purchase, which will thus be definitively sent to the seller.
The buyer will also be asked to choose the payment method among those available. If the buyer decides for the immediate payment method by credit card or PayPal, he will be required to communicate the relevant data via a secure connection. www.vitocalculli.com does not have access to and does not store the data of the credit card used to pay for the products and, if made through the PayPal system, the buyer will be directly redirected to www.paypal.it and will make the payment based on to the procedure envisaged and governed by PayPal to which reference is made, specifying that the data entered on this site will be processed directly by the latter.
The user can alternatively opt: (a) for payment by bank transfer, in this case, when purchasing, instructions and bank details of www.vitocalculli.com will be provided; (b) for payment on delivery, in this case the balance of the goods must be made exclusively in cash: the courier will not accept any type of check.
- Seller’s legal guarantee of conformity, reporting of conformity defects and warranty interventions
Pursuant to and for the purposes of European Directive 44/99 / EC and Legislative Decree 206/2005 (so-called Consumer Code), the seller guarantees the buyer that the products will be free from design and material defects and in compliance to the descriptions published on the website www.vitocalculli.com for a period of 2 (two) years from the date of delivery of the products themselves. The application of any warranty is excluded in case of use of the product that does not comply with that of the product and with the instructions / warnings provided by the seller or reported in the illustrative reference documentation, in tags or labels.
Under penalty of forfeiture of this guarantee, the consumer has the burden of reporting any defects and non-conformities within 48 hours of discovery, by sending a communication to the email address info@vitocalculli.com, and indicating the defect and / or non-compliance found and related photographic documentation.
Following the receipt of the request and the related documentation, the seller will verify and evaluate, by means of specific controls, the defects and non-conformities reported in this way. The consumer will have the right to repair or replace the product, where this is possible in consideration of the availability of the product, and unless the replacement or repair is not excessively burdensome for www.vitocalculli.com in consideration of the value that the product would have if there was no lack of conformity, of the extent of this defect and of the possibility that the alternative remedy could be tried without significant inconvenience for the consumer.
If the seller were to reimburse the consumer for the price paid, the refund will be made, where possible, by the same means of payment used at the time of purchase or by bank transfer. It will be the responsibility of the consumer to communicate to the seller, when requesting the return or via Email to info@www.vitocalculli.com, the bank details for the execution of the transfer in his favor.
- Consumer data and privacy protection
In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the contract, the buyer must provide some personal data requested through the website www.vitocalculli.com which will be registered and used by the Seller in accordance with and in compliance with the legislation pursuant to Legislative Decree no. 196/2003 and subsequent amendments (so-called Privacy Code) to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided through the site.
For any further information on the methods of processing personal data, please refer to the Privacy Policy and Cookie Policy section that the buyer declares to have read and accepted together with these General Conditions of Use.
- Copyright
All texts, images and trademarks that appear on the website www.vitocalculli.com, are protected by copyright and intellectual property laws, therefore, any unauthorized use will be prosecuted pursuant to and for the purposes of the current legislation on the matter. The user who has a personal website on the Internet and wishes to insert, for personal use, on his website a direct link to the homepage of the website www.vitocalculli.com, must request authorization from www.vitocalculli.com and in this case, it will not be an implicit affiliation contract. Furthermore, any hypertext link to the www.vitocalculli.com site, using the technique of framing, deep-linking, in-line linking or any other deep linking technique, is in any case prohibited.
- Applicable law and jurisdiction
The contract concluded between the seller and the consumer pursuant to these conditions of sale will be governed and interpreted in accordance with Spanish laws. The disputes between the seller and the consumer, arising from the contract between them thus disciplined on Arona, Spain.