Terms and conditions

TERMS AND CONDITIONS

Article 1

Ownership of the Site and premises

These General Terms and Conditions of Contract and Supply, drawn up in accordance with Legislative Decree no. 70/2003 and Legislative Decree 206/2005, regulate the sales services on the website www.vivianemilano.it and are stipulated between the Vivianemilano Individual Enterprise (now also the "Enterprise"), VAT number ESY8632818N, with registered office in Avenida pan de Alcalá, Sevilla (SE), Spain, e-mail: info@vivianemilano.it, and the person (henceforth also called " User ") who consults the pages of the website www.vivianemilano.it (of hereinafter: " Site ") and who uses the electronic purchase services of products made available on the same.

Jointly understood the Company and the User are also called " Parties ".

The Site is managed by the individual company and allows the purchase of products marketed by the same.

These Terms and Conditions are binding between the parties indicated above and apply to all Users who purchase one or more products offered on this Site.

Users who use the products offered on this Site affirm that they know and accept these Terms and Conditions.

With the exception of the mandatory legislation, for the purposes of these Terms and Conditions, the User accepts that all contracts, notifications, information and other communications provided in electronic form satisfy the requirement of the written form, when required by law.

Article 2

Object of the contract

The contract governs and has as its object the sale of the products offered on the Site.

These Terms and Conditions bind the Parties and have as their object the purchase of the products offered for sale on the Site.

The Company sells clothing and fashion accessories through the Website.

Article 3

Prices and shipping costs

The prices on the Site are clearly indicated and include VAT.

Shipping costs are borne by the Company.

Prices may vary over time, but they will not affect the price charged to the User at the time of purchase, nor will they lead to the birth of any new right on prices for the User.

Exceptions to the above point are cases where the prices entered are disproportionate to the normal market value as a result of clerical errors.

Article 4

How to purchase

The User to purchase the products referred to in art. 2, must add the selected products to the cart, then enter their data for the shipment of the ordered products, accept these Terms and Conditions and the Website Privacy Policy and make the payment within the terms provided therein.

Payment will be compulsorily made in a lump sum with the methods available on the Site including payment via PayPal and credit card.

If the User chooses to pay via the PayPal platform, at the time of payment his browser will be directed to a page on the server.

If the User chooses to pay by credit card, this circumstance is subject to the verification that the issuing bank is enabled for purchases on the web.

The payment procedure is to be considered as a purchase proposal.

The purchase will be considered completed upon receipt of a specific e-mail to the address issued by the User during the purchase.

In case of problems with the purchase procedure and / or errors in the compilation of data, the User can write to the e-mail address: info@vivianemilano.it. The Company will verify compliance with the procedure referred to in the preceding points and, in the absence of justified reasons, will complete the purchase.

In case of errors in the compilation, the Company is not responsible for any loss or delay in shipment and additional costs may be charged for the new shipment.

The purchase contracts concluded and perfected will be stored electronically on special devices owned by the Company.

Article 5

Conditions of sale and use of the Site

The purchase by the User implies the full knowledge and acceptance by the latter of these Terms and Conditions.

There will be no commitment between the User and the Company, and therefore no purchase contract can be considered concluded, in the event that they are committed, in the procedure for filling out the Orders, for facts attributable to both the User and the Company, obvious and recognizable errors or inaccuracies, such as - by way of example and not limited to - errors or inaccuracies relating to the User's data (including the address indicated for delivery) or relating to the identification and / or selection of the Products and / or the relative quantities and / or the relative price.

Before shipping, the Company reserves the right to verify the correctness of the prices of the Products added to the cart and ordered by the User and, in the event of a price error, reserves the right to cancel the order .

Furthermore, in the event of delivery difficulties at the address indicated for delivery, the User will be notified to make direct contact and find an alternative method of delivery of the Product or to obtain a full refund of the amounts paid.

The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability, negative consequence or expense in any way connected to complaints against the User due to the fact that he has in any way used materials from the Site, in violation of any applicable law, third party rights or the terms of these Terms and Conditions.

The User is solely and exclusively responsible for any consequences (legal or non-legal) that may arise from the non-compliant use of the products sold by the Company. No complaint, liability or claim for compensation may be made by the User to the Company and its suppliers as a result of the service offered.

The Company guarantees that the delivered products meet the legal requirements of use, reliability and duration.

The User undertakes to check the product or products once they have been received and, in the event of one or more products that do not comply with the order placed, the User must inform the Company through the e-mail: info@vivianemilano.it within 14 days from the date of receipt of the order.

Article 6

Shipping of orders

The products will be shipped within a maximum of 10 working days from the date of purchase.

Shipments will be managed by third-party carriers with respect to the Company, with the possibility for the customer to track his order through a specific tracking code.

Article 7

Right of withdrawal

The Parties jointly agree on the absence of any right of withdrawal in the event that the User is not a consumer.

The User-consumer can exercise the right of withdrawal within 14 days from the date of arrival of the goods by writing to the following e-mail: info@vivianemilano.it.

The User declares to waive the right of withdrawal with regard to " the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or related to health protection and have been opened after delivery " once the delivery and the products have been removed from their packaging, as governed by art. 59 lett. and of the d. lgs. n. 206 of 2005.

In all other cases, in order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 14-day period.

In the event that the User has chosen to have the Products requested in a single Order delivered with multiple shipments, the deadline for exercising the withdrawal will start with the delivery of the last Product.

Within 14 days following the date of the communication of the withdrawal, the User must return the product by registered mail or with traceable shipping, to the address indicated by the Company.

The User bears the shipping costs resulting from the withdrawal.

Once the Product has been received by the Company, the Company will refund it using the payment method chosen by the User at the time of the Order.

Finally, it should be noted that the User has no right to withdraw in the following cases:

• the delivered products have been exposed to abnormal circumstances;

• the buyer has used the product for longer than that equivalent to the fitting room test;

• the occurrence of circumstances not dependent on the Company, such as damage resulting from force majeure or caused by the carrier during transport.

Article 8

Obligations of the Company

The Company is not responsible for any damage that is not an immediate and direct consequence of the contractual breach.

The Company is in no way responsible for the fulfillment of the obligations borne by third parties who may offer commercial guarantees in relation to the products for sale on the Site.

The Company reserves the right to prevent access to the Site, in case of violation of the applicable legal provisions and / or violation of these Terms and Conditions.

Furthermore, the Company is not liable in the event of delays or non-fulfillment of contractual obligations, nor in the event of delays, disservices or suspensions of the Site if one or more of these problems derive from unforeseeable circumstances or due to force majeure.

(Among the causes that could lead to the suspension, delay or in any case to non-fulfillment of contractual obligations, which are not the responsibility of the Company, the following causes are listed by way of example and NOT exhaustively: malfunction of telephone lines and / or electrical and / or internet network; malfunction of software, hardware and / or hosting services; interruptions and / or suspensions due to legal provisions, even of an exceptional nature or by acts of Italian or foreign authorities; for tampering or interventions of third parties on services or equipment used by the Company in the production phase of the products; due to incorrect use of the platform by Users; malfunction of the connection equipment used by Users; non-compliance and / or obsolescence of equipment or programs used by Users; for malfunctions of services, loss of data, accidental disclosure of personal or sensitive data does not impute to the behavior of the Company, and any other type of damage resulting from attacks by computer pirates, thieves, hackers and / or viruses).

Article 9

Privacy policy

For the information and regulations relating to the processing of personal data by the Company, please refer to the page on the privacy information, present at the foot of the home page of the Site.

Article 10

Language, applicable law, dispute resolution and competent court

These Terms and Conditions are written in Italian.

Without prejudice to the rights of Consumers, the Court of Bergamo will be exclusively competent for any dispute.

The User / Consumer habitually resident in the European Union can benefit from the additional protections provided by the mandatory regulations of the country of residence.

The User / Consumer has a platform, prepared by the European Commission, for the resolution of online disputes, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ .

Article 11

Links to external websites

The links and links to external sites made available by the Company are placed for information purposes only.

No responsibility can be attributed to the Company regarding the use of external sites.

The inclusion of external links does not imply any connection with them, nor any responsibility for the correct processing of data according to the privacy legislation or any other information provided by the User / Customer to external websites.

Article 12

Duration and changes

These Terms and Conditions will remain valid and effective as long as they are not modified and / or integrated by the Company.

Any changes to these Terms and Conditions will take effect and will become binding for the User from the time of publication on the Site and will apply to sales made from that date.

Changes to these Terms and Conditions, resulting from needs and / or regulatory updates, will be published on the Site in order to make the User aware of them.

Article 13

Final provisions

The clauses that for any reason are to be considered in whole or in part null and / or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties.

The Company may at any time and without notice deactivate the User's access to the Site or suspend the sale of the products, if the same does not comply with one or more of these contractual clauses or voluntarily violates this agreement with incorrect behavior, without the User being able to claim damages and / or compensation of any kind and / or refund of sums.

In case of non-fulfillment by the User of this contract, the failure of the Company to exercise the power to act does not in any case represent a renunciation of action.

Art. 14

Communications and Complaints

All communications and / or any customer complaints against the Company must be sent to the e-mail address info@vivianemilano.it.