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Sales terms

1. General terms

These general sales terms (hereinafter “General terms”) are applicable for all products sales (hereinafter “Products” or “Product”) bought through the Internet site www.viziovirtu.com (hereinafter “Site”).

The use of the distance marketing service, described in these General Terms, is only addressed to consumers (hereinafter “Customers” or the “Customer”) meant as individuals who act for purposes other than those of the commercial, entrepreneurial or professional activity they eventually carry out. The Customer must carefully read the General Terms available on our Site, in order to allow their storage and reproduction by the Customer according to the art. 12 of the Legislative Decree n. 70, date April, 9th, 2003.

Contracts concluded with Vizio Virtù Sas owned by Mariangela Penzo & C. (hereinafter called VizioVirtù) through the Site are regulated by Italian law and, particularly, by the Legislative Decree n. 206, dated September, 6th, 2005 (Consumer Code) and by the Legislative Decree n. 70, dated April, 9th, 2003 (hereinafter “E-commerce Decree”).

For a valid conclusion of the contract people must have reached the age of majority (18) and have the legal capacity to act, which the Customer declares to possess. Eventual expenses for Internet connection to the Site, including telephone costs, are payable by the Customer according to the tariffs applied by the operator he has chosen.

2. Identification of the vendor

The Vendor is VizioVirtù sas of Mariangela Penzo & C. Statutory seat: Castello 5988 – 30122 Venezia Italia VAT Code: 03607270273 (hereinafter “VizioVirtù”)

3. Intellectual property rights

The contents of the Site such as, for example, works, images, pictures, dialogues, music, sounds and videos, documents, drawings, illustrations, logos and all material, in any format, published on www.viziovirtu.com , included menu, web pages, graphics, colors, schemes, instruments, characters and design of the website, diagrams, layouts, methods, processes which belong to www.viziovirtu.com are protected by copyright and by any other intellectual property right of the Vendor and of the other copyright holders.

Whole or partial reproduction, in any form, of www.viziovirtu.com and its contents, without the express written authorization of the Vendor and, if necessary, of the other copyright holders is forbidden.

4. Trademarks

Viziovirtu and its logo on the website are registered trademarks and they are used inside www.viziovirtu.com in order to distinguish, describe and advertise products in sale.

Any illegal and not authorized use of these marks is forbidden and it implies serious legal consequences. It is not allowed to use these marks and any other distinctive sign present on www.viziovirtu.com to benefit undeservedly of the distinctive character or of the reputation of these marks or in such a way to damage them.

5. Information related to products

Information related to products saleable at a distance are available on the website. The over mentioned information are supplied in compliance with the articles 52 and 53 of the Consumer Code.

6. Price

Products prices include all taxes and charges, except the eventual custom duties for International sales which are payable by the Customer. Custom duties, in case of exercising the right of withdrawal or of the package refusal by the recipient, will be payable by the customer and never by Viziovirtu. All prices are expressed in Euros. Transport costs are payable by the Customer.

7. Products order

Products essential characteristics and prices are set out in the offer related to each Product.

The contract between Viziovirtù and the Customer is concluded only on Internet through the access at the address of this site where, following the indicated procedures, the Customer will register its purchasing order of the goods offered for the sale.

For Products purchase the Customer has to fill out the electronic the online order form, following the instructions on the website. The Customer has to put the product in the special “cart”; in particular the Customer has the possibility to modify the quantity of the Products he wants to buy, adding or eliminating one or more Products from the “cart”.

After reading the General Terms, he must select the wished method of payment and choose the option “Order confirmation”.

Sending the order, which shall constitute a contract application, the Customer recognizes and declares that he has read all indications of the purchasing procedure and that he fully accepts the General Terms.

8. Terms of payment and refund

The Customer can make the payment of the Products price and of the related delivery expenses by Credit Card and PayPal.

We accept payments by the main Credit Cards, such as: Visa, Mastercard and American Express. PayPal: after Order Confirmation the Customer will be rerouted to the PayPal site where he will be able to make the payment through his account or by a credit card or anyway according to the terms accepted by PayPal respecting the related conditions.

If for any reason the charge of the amounts due by the Customer is unsuccessful, the sale will be automatically canceled.

Any eventual refund to the Customer, whenever he is entitled to, will be accredited by bank transfer, within no more than 30 days from the day when the Vendor became acquainted of the reason of the refunding.

9. Order receipt confirmation

In compliance with the article 53 of the Consumer Code, the Customer will receive, at the moment of the contract’s conclusion, by e-mail, the purchasing order receipt confirmation sent by the Customer, containing order number, delivery data, list of ordered products with their essential characteristics and total amount, included delivery charges.

10. Transport and delivery

Products bought on Site will be delivered at the address indicated by the Customer. Viziovirtù will deliver the ordered products by DHL courier or, if necessary, by other couriers. Except in cases of force majeure or unforeseeable circumstances the ordered Products will be delivered in Italy within 5 (five) working days from the day following that in which Viziovirtù has confirmed the order to the Customer by order confirmation e-mail. Delivery times can vary according to the destination country and to other elements which cannot be directly controlled by the Vendor and without any fault of his part.

Deliveries extra EEC are accompanied by invoice, according to the law in force. The Customer is invited to control the import conditions in his country before ordering. He might run into unforeseen additional expenses (taxes and custom duties) which cannot be calculated in advance. If you want to carry out a delivery in an extra EEC country we recommend you to inform about the limits related to food products import in the destination country before confirming the order.

For all countries which submit deliveries to the payment of custom duties, their payment and the check of their amount by the competent authorities of the destination country is recipient’s responsibility.

Delivery cost is calculated on the basis of the weight of the merchandise in the cart and of the destination country, using the table of charges applied by the transporter according to the volume of the carried out operations, so it is impossible to calculate this expense until the choice has been completed.

For merchandise’s delivery it’s necessary the presence of the Customer or of a Customer’s representative at the recipient’s address written on the order. At the moment of the products’ delivery by the Carrier, Customer must control that the number of packages delivered is the same as the number indicated on the transport document and that the package is intact or non modified. Eventual damages to the package and / or to the products or the non compliance of the packages’ quantity must be immediately notified through control’s reserve on the delivery document of the Carrier. After signing the Carrier’s document, the Customer cannot protest against exterior characteristics of the delivered package.

11. Right of termination

The Customer has the right to terminate this contract, with no penalty, within 14 (fourteen) working days of the day of the receipt of the ordered products, for any reason, with no need to explain and with no penalties. The Customer can exercise his right of termination within the above mentioned term by sending an explicit notice of termination by e-mail at the following e-mail address: info@viziovirtu.com

In order to validate the termination’s right, when the products have already been shipped or delivered, the Customer is required to return them to Viziovirtu peremptorily within 14 (fourteen) working days of the day of the receipt of the products.

It is intended that transport risks and costs related to the return of the products to the Vendor are at the Customer’s expense.

In order to validate the termination’s right, products must be delivered or in any way sent to the Vendor perfectly intact (no sign of opening, wear, abrasion, scratch, scrape, deformation, etc.), complete of all their elements and accessories, in their original package. Failing that, the Customer has no right to the refund of the paid amount. The Vendor will take over the returned products, but reserves the right to check their condition.

If the control of the products has a positive outcome and the termination’s right has been validated within the scheduled time and in the manner laid down, the Vendor will refund the Customer the whole amount paid for the purchase of the products, except for delivery costs previously supported by the Customer for the purchase, as soon as possible, any way no more than 30 days of the date when the Vendor became acquainted of the termination’s right exercise by the Customer.

The refund will be carried out by bank transfer to the Customer, who must previously inform the Vendor by e-mail at the address info@viziovirtu.com bank account details to allow Viziovirtu to make the payment in his favor to refund the due amount.

12. Mistakes

Information related to the Products on the site are regularly updated. It is therefore impossible to guarantee the complete absence of mistakes. Viziovirtu reserves the right to correct mistakes, inaccuracies or omissions even after the sending of an order and to modify or update information at any time without prior notification.

13. Limitation of liability

VizioVirtù does not take any responsibility for inefficiencies due to force majeure or for inefficiencies or malfunctions linked to the use of the internet beyond its control or the control of its sub suppliers.

Viziovirtu cannot deem itself responsible towards the Customer, except in case of gross negligence; it won’t be responsible for damages, losses and costs supported by the Customer following the non performance of the contract without any fault of his part, and the Customer has the only right to the total refund of the price paid.

Viziovirtu doesn’t take the responsibility for the eventual illegal misuse by third parties of the credit cards during the payment of the acquired products when he proves ha has adopted all necessary precautions at the moment of the transaction.

Viziovirtu won’t be responsible in case of failure to fulfill obligations at its charge foreseen by this contract if this failure is caused by unforeseeable events and/or natural events out of its reasonable control, included, as an example but not exhaustive, catastrophic natural events, loss of electricity, general strike, of public and/or private workers, strike and/or restrictions and related to carriers traffic and connections.

14. Validity of the clauses

These terms don’t prejudice the rights assigned by the Italian law to the Consumer, who acts as a Consumer, or the rights assured by the mandatory rules of the law which he is subject to.

If a clause or part of a clause of these general terms might be deemed invalid because it is in contrast with or contrary to a law prescription, all other clauses of this contract or parts of the same clause will remain valid and effective.

15. Applicable law and competent court

Sale General Terms are ruled by the Italian law and particularly by the legislative decree n. 206, dated September, 6th, 2005 and following modifications and integrations on the Consumer Code, with specific reference to the law concerning distance contracts and by the legislative decree n. 70, dated April 9th, 2003 about some aspects related to the e-commerce.

As for disputes deriving from the interpretation, validity and/or execution of these General terms, if the Parties mean to bring an action before the Judicial Authority, the imperative territorial jurisdiction will be that of the Court of Venice.

16. Contacts

For further information you are pleased to write to the Customer Service directly on the website in the section “Contact us” or by e-mail at the following e-mail address: info@viziovirtu.com.

Shipments are suspended until August 31st. Orders received during this period will be shipped from 1st September.

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